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, MARCH 21, 1995 No. 52 House of Representatives

The House met at 12:30 p.m. and was their service and sacrifice. This con- For many of my constituents on called to order by the Speaker pro tem- tract has lasted more than 100 days. In Guam and for service men and women pore [Mr. BONILLA] fact, the commissary system dates throughout the Nation, commissaries f back to 1825 when it was provided to and exchanges translate into indirect service military personnel at remote pay for military families. A reduction DESIGNATION OF SPEAKER PRO posts where provisions were very ex- would also translate into an erosion for TEMPORE pensive. Recent proposals to reduce or many of quality-of-life facilities avail- The SPEAKER pro tempore laid be- eliminate commissary and exchange able to these individuals and their fam- fore the House the following commu- services would jeopardize this contract. ilies. Profits from the exchange system nication from the Speaker: Today I am introducing a concurrent are used to support many quality-of- WASHINGTON, DC, resolution that will send a message life improvements such as the oper- March 21, 1995. that any elimination or cut in the com- ation of youth centers, arts and crafts I hereby designate the Honorable HENRY missary and exchange systems would centers, recreational areas, and child BONILLA to act as Speaker pro tempore on be a breach of faith with our active and development centers. Eliminating this this day. retired men and women in uniform and exchange dividend would result in re- NEWT GINGRICH, Speaker of the House of Representatives. that if any reduction is enacted, then ductions in the quality-of-life facilities f other forms of compensation should be available to our armed services at a paid to offset this loss. time when there have been many con- MORNING BUSINESS The Department of Defense com- cerns raised about these issues. The SPEAKER. Pursuant to the missary and exchange system are prov- The resolution that I am introducing order of the House of January 4, 1995, en parts of the military compensation today expresses the sense of Congress the Chair will now recognize Members package and contribute significantly that first, if the commissary and ex- from lists submitted by the majority to the morale and well-being of our change systems of the DOD are reduced and minority leaders for morning hour men and women in uniform and their or eliminated, the funds derived from debates. The Chair will alternate rec- families. It is critical in retaining ex- the reduction or elimination should be ognition between the parties, with each perienced members, it is valuable in re- used to increase other forms of com- party limited to not to exceed 30 min- cruiting new members, and reduces ex- pensation for current and retired mem- utes, and each Member except the ma- penditures by the Federal Government bers of the Armed Forces. jority and minority leaders limited to for training and recruiting or for direct Second, the resolution states that if not to exceed 5 minutes. compensation which would have to be exchange stores are reduced or elimi- The Chair recognizes the gentleman increased in order to maintain the nated, funds should be provided by the from Guam [Mr. UNDERWOOD] for 5 min- same retention rate. Department of Defense to upgrade and utes. Commissaries and exchanges are crit- avoid the erosion of morale, welfare f ical in recruiting and retaining quality and recreation activities, and other personnel and continue to be high- quality-of-life facilities provided to RESOLUTION BARRING ELIMI- lighted as a valuable aspect of military military personnel. The resolution en- NATION OR CUT OF COMMISSARY service. Among Armed Forces person- sures that the indirect pay on which AND EXCHANGE SERVICES nel, commissary privileges consist- service men and women rely will not be Mr. UNDERWOOD. Mr. Speaker, next ently rank among the top three bene- reduced and that the quality-of-life im- month the Contract With America will fits of military service, particularly provements on which the current sys- reach its 100-day conclusion. At a time among married personnel, and is one of tem relies will not be eroded. when Congress is acting on this con- the major factors in a service mem- Most importantly, this resolution tract, I rise to discuss another more ber’s decision to remain in the armed sends the message that a reduction in enduring and longstanding contract services. The patron base includes 12 commissary and exchange systems with our active and retired members of million individuals including active would be a breach of faith in current the Armed Forces. Under this contract, duty military, military retirees, se- and retired members who have earned the Government has agreed to provide lected and ready reserves, Medal of this indirect pay through years of commissary and exchange services to Honor recipients, 100-percent-disabled faithful service. active and retired uniformed men and veterans, overseas civil service, and all Let’s make sure that we don’t breach women as a form of indirect pay for their dependents. the more longstanding contract that

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 3329 H 3330 CONGRESSIONAL RECORD — HOUSE March 21, 1995 all of us have with active and retired stitutional amendment will answer sibility and compassion and the wis- members of the Armed Forces. I invite questions from the press. dom not to panic. and urge my colleagues to cosponsor At this time, I would like to yield to We have got some economic problems this important resolution and to join a truly great American. He is a Demo- brought about by the changing nature me in support of our men and women in crat on that side of the aisle, but he of work which puts people without uniform. stands up for America’s veterans and technological skills at something of a Mr. VOLKMER. Will the gentleman for the armed services. disadvantage, exacerbated by the in- yield? Mr. MONTGOMERY. I thank very creasing integration of the inter- Mr. UNDERWOOD. I yield to the gen- much the gentleman yielding to me. I national economy. Those are things tleman from Missouri. certainly support very much the Amer- that we ought to be addressing. Mr. VOLKMER. I would be glad to ican flag amendment that the gen- But what the public is being offered join with the gentleman in his resolu- tleman from New York will drop in the by the Republican Party is an alter- tion. I know that probably one of the hopper at 3 o’clock. As the chairman of native explanation for that. It is a reasons that we see this type of resolu- the Committee on Rules mentioned, we form of scapegoating. Working Ameri- tion coming forward is concern with have 242 members who have signed up cans who have found their economic fu- what is going on as far as budgetary on the House side to sponsor this. We tures insecure are being told it is the cuts that are occurring here in the need 48 more Members to get the 290 fault of those poor people and those im- Congress at this time by the majority when we do get the opportunity to migrants and those women who keep party; is that correct? bring this constitutional amendment having children so they can make the Mr. UNDERWOOD. That is correct. resolution up that it will have a chance few bucks you get on AFDC. Mr. VOLKMER. We have seen a pro- to pass. In pursuit of that, what we will have posal that we saw in the defense rescis- I would like to thank the gentleman this week brought forward by the Re- sions bill that will cut back severely on from Texas, Mr. GENE GREEN, a Mem- publican Party is an assault on people veterans who have served this country ber of Congress, who has been getting who are poor, who lack education, who in the past, to cut back medical care Democrats on this side of the aisle to lack skills, and most of all we will facilities for veterans that was pro- sign that resolution. As the gentleman have an assault on children. posed by the majority party; correct? from New York said, it is nonpartisan. What we get in American politics Mr. UNDERWOOD. That was correct, It comes about that we did pass a sim- today is a very selective quoting of the in last week’s rescission bill. I urge all ple law in the Congress and signed by Bible. The part that says you shall not Members to cosponsor this resolution. President Bush that said you cannot visit the sins of the parents on the chil- f hurt this great American flag. This was dren apparently has been written out turned down by the U.S. Supreme of the editions of many people, because AMENDMENT PROHIBITING Court who said Congress does not have we are being told that children who DESECRATION OF OLD GLORY that authority. make the terrible mistake of being The SPEAKER pro tempore. Under So it becomes now to protect the born in the wrong circumstance, chil- the Speaker’s announced policy of Jan- flag. We have all the veterans organiza- dren who make the bad judgment to uary 4, 1995, the gentleman from New tions totally supporting this amend- have a mother who was not married, York [Mr. SOLOMON] is recognized dur- ment. I stand right with the gen- will pay for that. Those children will ing morning business for 5 minutes. tleman, side by side. We need to get see basic sustenance denied to them. Mr. SOLOMON. I would love to re- this constitutional amendment. We The answer of our Republican friends spond to the last statement, but I will need to get more signees on this side of is, ‘‘Oh, no, no, we’re not going to cut wait. the Capitol to be darned sure. We lost that,’’ although in fact they are cut- Mr. Speaker, today I will be intro- some of them last time as the gen- ting it ‘‘What we are doing is returning ducing a resolution calling for a con- tleman remembers. We had over 290 it to the States.’’ stitutional amendment prohibiting the signatures on the House side. When we Well, understand one very important physical desecration of the American brought the amendment up, we lost point. When there is a program which flag. I am happy to say that this effort some and we did not pass it. We do not is important to the Republican Party, has received wide support from my want that to happen this time. they federalize it. When we are talking friends and colleagues on both sides of Mr. SOLOMON. The gentleman is so about issues that the Republican Party the aisle in both Houses of Congress, right. He always does stand up for or its major constituencies in the cor- including my good friend SONNY MONT- America. It is a crime today to destroy porate community feel strongly about, GOMERY standing over here, Senator this dollar bill, it is a crime today to they bring them to the Federal level. ORRIN HATCH over in the Senate, as desecrate the Washington Monument. Where we have an issue which is not well as Senator HOWELL HEFLIN on a bi- It is not a crime to desecrate Old one that they favor, it gets sent back partisan basis. In fact, over 240 Rep- Glory. That is a crime in itself. We are to the States with less money and in resentatives and 40 Senators have al- going to change that. I thank the gen- circumstances that invite the States to ready answered the call to protect this tleman and urge everyone to sponsor reduce things further. There will be no our greatest national symbol, Old this constitutional amendment. We safeguards, there will be no require- Glory. will have 290 votes in the very near fu- ments. I would like to emphasize, Mr. Speak- ture and Members ought to be an origi- Today if you are a child born in those er, the surge of support to extend this nal cosponsor of the legislation. kind of circumstances, your lot is not needed protection for the flag comes You can be so if you sign on before 3 going to be a happy one. The young not in response to changes which have o’clock this afternoon. child born to a single mother is those occurred inside the beltway but in re- kind of circumstances will live a life sponse to a massive grassroots move- f that no child in America ought to live. ment from across this Nation, all as And what is the response of the people well it should have been. In fact, 46 WELFARE REFORM IS ASSAULT on the other side? Let’s make it worse. State legislatures have already passed ON POOR Let’s penalize that family in the hopes resolutions asking Congress to allow The SPEAKER pro tempore. Under that there will not be so many families them the chance to ratify this amend- the Speaker’s announced policy of Jan- like that in the future. ment. uary 4, 1995, the gentleman from Mas- That is why a very wide range of or- Mr. Speaker, at 3 o’clock this after- sachusetts [Mr. FRANK] is recognized ganizations, religious groups, advocacy noon, I will drop that constitutional during morning business for 5 minutes. groups of various sorts are so unhappy amendment in the hopper over here Mr. FRANK of Massachusetts. Mr. with this. and there will be a press conference out Speaker, I too hope that the Members Let’s again be clear. The Republican in the grassy triangle on the Senate today and this week will stand up for Party says ‘‘Oh, no, we’re just return- side of the Capitol, where those of us America, that they will stand up for an ing it to the States.’’ When it came to who support this badly needed con- America that has a sense of respon- prisons and how to sentence criminals, March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3331 matters that have been State law since known as the Ricky Ray Hemophilia ready exist for blood product manufac- the beginning of this Constitution, Relief Fund Act, named for the 15-year- turers under State law, a jury in a they took it away from the States and old Florida boy who died of hemo- class action case could provide awards gave them orders. When it came to law- philia-associated AIDS in 1992, that I that would ruin the industry. suits of any kind, not just manufac- knew. I am troubled by what appears to be tured products but automobile acci- Its premise is that the Federal Gov- a greater concern on the part of the dents, people slipping and falling on ernment which has taken on the judge for the solvency of a the stairs, the Republican Party put unique obligation to safeguard the multibillion-dollar industry than the through an amendment that makes blood supply and regulate the sale of rights of victims to join together in those matters of national concern. We blood products failed to respond to seeking justice here in America. are going to be debating term limits. I clear warning signs in time to prevent As a member of this House, I have no said to a couple of the Republicans, the tragedy. Records indicate that intention of becoming involved in a well, are we going to have uniform na- there were serious red flags about the pending matter before the judiciary ob- tional standards? dangers of blood-borne diseases even in viously, especially since reports sug- the early 1980’s although our under- They said, ‘‘Of course,’’ some of the gest that the claimants will appeal the standing of course of the implications Republicans have said, ‘‘We can’t leave ruling. Still as we seek to do our part of AIDS has evolved in the years some- that up to the States. That’s too im- in meeting Government’s obligation to what after that. portant.’’e fate of poor children, that is victims of hemophilia-associated AIDS, not too important. And we know that Hemophilia sufferers are often de- scribed as the canaries in the coal mine we have got to recognize that the judi- the States are subjected to a competi- cial option may be closing for these tion among themselves for industry, because when something goes wrong victims, perhaps providing even great- industry which can decide whether it is with the blood supply they usually suc- er impetus for relief coming from the from overseas or here where to move. cumb first because they use a blood U.S. Congress. They will tell a State, ‘‘We don’t think clotting factors known as Factor. A Therefore, I urge my colleagues to your taxes are low enough. We think single dose of Factor is often manufac- look closely at H.R. 1023, the Ricky your benefits are too high.’’ So what tured from the pooled blood of thou- we have is a deliberate dismantling of sands of people, placing hemophiliacs Ray Hemophilia Relief Fund Act. It is this safety net, sketchy as it now is, at an extraordinary risk for blood- the right thing to do and may be the sent back to the States, and the abso- borne diseases. only way out for these folks. It is the lute predictable conclusion is that poor According to industry estimates from right thing to do now, this week espe- 2- and 3- and 4-year-olds will be poorer the early 1980’s, the blood of one in- cially, because this is the week we are and worse off in the future. fected donor could end up contaminat- discussing meaningful ways to deliver The same is true with the school ing between half a million to 5 million relief to truly needy Americans. Be- lunch program and with other pro- units of Factor, potentially infecting lieve me, these 8,000 to 10,000 victims grams. The military budget will go up. as many as 125 hemophiliacs in a given are people who are in desperate need. year. The risks for hemophiliacs were The space budget will be protected. The f House gym will stay open. We will be enormous during that crucial period of time and we are seeing the results OK, but poor children will be the vic- WELFARE REFORM OR CUTS? tims of an assault unlike any we have today. Nearly 2,000 hemophiliacs died seen in a long time. of AIDS between 1981 and 1993 from The SPEAKER pro tempore. Under contaminated blood and many more in- I hope that the House will indeed the Speaker’s announced policy of Jan- cluding members of their families are stand up for America by saying that is uary 4, 1995, the gentleman from Mis- now suffering from its debilitating ef- not the kind of country we want to live souri [Mr. VOLKMER] is recognized dur- fects. My view has been that the Fed- in. ing morning business for 5 minutes. eral Government must share their part f Mr. VOLKMER. Mr. Speaker, I would of the responsibility for what like to take a little of my time at first A DISTURBING DECISION happended with the industry that man- to talk about what I call the very ufacturers blood products because we The SPEAKER pro tempore. Under mean-spirited, very radical welfare re- have responsibility for oversight. form proposal that is being proposed by the Speaker’s announced policy of Jan- The hemophilia community is cur- uary 4, 1995, the gentleman from Flor- the majority Republican Party that rently seeking redress from four major would take money away from school ida [Mr. GOSS] is recognized during pharmaceutical companies through the morning business for 5 minutes. lunches, from school breakfast pro- courts. They have always known that grams, and take it away from needy Mr. GOSS. Mr. Speaker, I am tempt- this would be an uphill fight. Manufac- kids. ed to try and respond to the previous turers of blood products have special I have spent some time in the last speaker, the gentleman from Massa- protection from liability under most couple of weeks visiting with some of chusetts, and I will just simply say we State laws which grant them status as those programs. It is not just me say- will be debating welfare this week and providers of services, not products, if the gentleman represented a welfare when they make blood products. As a ing this, but the State of Missouri, the program that was working, I do not result, seeking judicial redress for Department of Elementary and Second- think there would be the need for harm caused by these products is a ary Education, has analyzed their pro- change and change is what we are try- very difficult undertaking. Still, hemo- posal and points out that there will be ing to do to make it work better. I philiacs believed in their case and have about 10 percent reduction in some of want to talk about a niche of the wel- pursued their legal options as is their the programs for our school lunch kids. fare problem. right in a free society. However, over Then I look at the part that has to do In the 1980’s, approximately one-half this weekend, something very disturb- with the food stamps and AFDC and I of the hemophilia community in the ing happened. The Seventh U.S. Circuit see further just cuts, not reform. United States, that is between 8,000 and Court of Appeals in Illinois issued an I thought we were here for welfare re- 10,000 people, became infected with the unsettling ruling in a pending neg- form. This is not reform, these are just virus that causes AIDS through the use ligence class action lawsuit. cuts. How do I say that? Not just me of contaminated blood clotting prod- Writing for the court in overturning again, but again the State of Missouri ucts, products which U.S. Government an earlier ruling regarding certifi- saying the same thing, not HAROLD agencies have direct regulation and cation of the class, Judge Richard VOLKMER saying that. We know that oversight over. More than 30 of my col- Posner appears to have concluded that they are cutting a total of well over 30, leagues from both sides of the aisle this group of victims may not con- $40 billion from these programs, just have joined me already in offering H.R. stitute a class because doing so could cuts, to take things away, along with, 1023. It is a bill to establish a govern- ‘‘hurl the industry into bankruptcy.’’ just like last Thursday, we did the cuts ment compensation program for the The judge seemed highly concerned from the elderly for the heating assist- victims of this tragedy. This bill is that despite the protections that al- ance in the winter, we cut back on the H 3332 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Job Training Partnership Act funds, I agree we need to get and help peo- AFDC and stay there for years. Why we and I will talk about those a little ple off welfare. We do not need to just have families that are on that program more and show how important they give people a handout which we have for generations and do not get off. are, they cut that back. done in the past. But we need to give I think if anybody would look at the Why did they do all of that? Why did them a hand up. We need to help them way the program is set up and would they make all these big cuts? Well, get up out of there. It can be done. see how we dole out the money, they here is why. They want to give later Here are three success cases. I am would realize psychologically it is a on, not next week, not this week, a big going to ask all of you, I know there trap for people. It is not something tax cut. Who gets the big tax cut? Well, are a few people out there who know that gives you the helping hand up and if you make over $100,000, and members the answer to this but there are not out. of Congress do that, folks, and they are very many. Which one of these 3 that I That is what we will be debating here doing it maybe a little bit for them- mentioned this coming May will get a today. How do we get the people that selves, if you make over $100,000, you bachelor’s degree in business adminis- are on AFDC into paying jobs? How do are going to get 511⁄2 percent of the tration from my alma mater, the Uni- we give them the self-respect so that total cuts. People making that money versity of Missouri in Columbia. That they can raise themselves and their get over half of it. is right, folks. They are all determined families up in our society? How did the people on the low end of to continue on this road to success, out Funding for welfare programs is out the scale, say, zero to $30,000? They get of welfare. of control. It fits right in with the need 4.8 percent of the cuts. I guess they do I can tell you, it is Ms. Keneetha to balance the budget. Of course on the not need anything. It is the wealthy Jackson. She will be proud to be up other side, all we get when we propose there in May getting her degree. Then that needs the money. How about peo- a cut is rhetoric and partisan bicker- she tells you, that is not the end. She ple between the wages of $30,000 to ing. They do not bring forward cuts to wants to go further and she wants her $50,000? I have got a lot of those in my balance the budget. Goodness no, only children to go further. district. They are middle income. They give the Republicans a hard time be- I dare say that none of these former should get some money. Well, they get cause they are trying to balance the welfare mothers’ children will ever be 11.6 percent of the cut. on welfare because they too know what budget. People with wages of $50,000 to their mother has done. But the welfare costs are going to in- $75,000, they get 16.4 percent of the crease from $325 billion to almost $500 f cuts. And $75,000 to $100,000, now we are billion by 1998. How do we ever balance getting in the upper brackets again, DISTORTION OF TRUTH AND PAR- the budget with runaway welfare pro- 15.2 percent of the cuts. So we know TISAN BICKERING IN WELFARE grams like that? what they are doing. They are taking REFORM DEBATE We have spent $5 trillion on welfare. the money from the poor, the needy, The SPEAKER pro tempore. Under The system has not worked. We still and kids, and they are going to give it the Speaker’s announced policy of Jan- have people mired in this system. to the wealthy. uary 4, 1995, the gentleman from Illi- There are some very important provi- The other thing I would like to talk nois [Mr. EWING] is recognized during sions to the bill that we are going to about are three young ladies, and I met morning business for 5 minutes. talk about in the next few days, things with these three young ladies this last Mr. EWING. Mr. Speaker, we have that are supported by the great number weekend, Ms. Keneetha Jackson, Ms. heard here this morning quite a bit of of working American taxpayers. When Shauntel Freelon, and Ms. Reba Brown. comment and suggestion about the de- we hear the partisan bickering and the Who are they? They have not made na- bate that is going to take place on this rhetoric from the other side, we need tional news or anything, but who are House floor later today about welfare to focus on the working American tax- they? They are three young ladies who reform. Unfortunately, I would have to payers who are not being represented have children who used to be on wel- characterize it as partisan bickering. It in that type of debate. fare. They are no longer on welfare. is distortion of the truth and partisan We want to make a tough work re- Nor do they ever want to be on welfare bickering. quirement in our welfare system. We again. They have been through the wel- I really believe this Nation deserves want to eliminate awards for having fare cycle. They are no longer on the better than partisan rhetoric, half children out of wedlock to get more welfare cycle because they used some truths, mistruths and bickering. We welfare. We will have many important training programs, including prin- have a serious problem because of our elements to debate, those are just a cipally the Job Training Partnership welfare system. Yet the other side of few, in the days ahead. But what we do Act which the Republicans just cut last the aisle, who controlled this body for here today is for our children, for the Thursday in the rescission bill, just so many years, did nothing to reform next generation, for the long term, for last week cut it. Yet that program was that system. Now that we have a re- the survival of our country. primarily responsible so these people form plan before us, we have partisan f did not have to continue to stay on rhetoric, bickering, and half truths. welfare. Ladies and gentlemen, it is time to DSG SPECIAL REPORT ON They did not want to be on welfare. put America first. Cut out the rhetoric, REPUBLICAN CONTRACT They did not like being on welfare. But the partisan bickering, the half truths. one of them specifically pointed out to If you have a better proposal, we will The SPEAKER pro tempore. Under me in going through their life’s his- be glad to hear it. But it is time that the Speaker’s announced policy of Jan- tory, each one of them did, that she we address that system. It is time that uary 4, 1995, the gentleman from Colo- had no alternative, she tried working we put partisan bickering behind us. rado [Mr. SKAGGS] is recognized during after she had her first baby, she tried The American people want and should morning business for 5 minutes. working at McDonald’s and fast food expect a welfare system that works. Mr. SKAGGS. Mr. Speaker, I wanted places and she could not make it, she We have a system now that does not to advise Members of the publication could not provide for her children and ever encourage you to get off. We just today of the first special report being do it. So she found out about training keep paying. And, yes, some of the re- issued by the newly reorganized Demo- programs. She entered into it. forms are difficult. But why were those cratic Study Group. It is a special re- All three of these are very proud of reforms not brought forth before? The port entitled ‘‘Cheating Children: The the fact that they are no longer on wel- majority of the experts on this in this Real Meaning of the Republican Con- fare. We have a lot more people out country will tell you it is going to take tract.’’ It really is a catalog of the con- there that same way that want to get tough reforms to change our welfare tract’s attacks on the kids of America. off welfare. Under the Deal bill, which system. It goes through in a very systematic will be a substitute for the Republican What are we going to be debating fashion the various bills that we have proposal, they will have a lot better here today? Yes, we have to talk about already acted upon, particularly the chance of getting off welfare, of being what is wrong with our system. Why welfare bill that will be in front of the able to be trained to get off welfare. we have so many people who get on House this week, and lays out exactly March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3333 what each of them will do to the chil- big question given the resort to annual Could welfare have possibly been more dren of America. appropriations rather than entitlement destructive to the family? Mr. Speaker, First off, taking food from children. status, nearly $12 billion is to be cut as we study the welfare system, I am The welfare bill that we will have be- compared with levels projected under absolutely certain of one thing—we fore us later this week when all is said current law. As the gentleman from could do nothing worse than to pre- and done with the various block grants Massachusetts commented a few min- serve the current welfare system. on nutrition programs will mean a loss utes ago, it is truly a sad commentary Mr. Speaker, the Personal Respon- over the next 5 years of $6.5 billion that this bill will require that we de- sibility Act is about changing incen- compared to what would have been pro- prive kids who happen to be born into tives. It is about forcing people to take vided to hungry and needy kids. Where the wrong kinds of family of any pros- responsibility for their actions. Unlike all does this take place? Well, in the pect for assistance when they are in the current system, after 2 years on very, very successful program for need. The changes in the AFDC Pro- welfare, you will go to work. Unlike women, infants and children, early gram are estimated to leave something the current system, if you are under 18, childhood care, we will have a cut that like 1.3 million needy children without you will not automatically receive a will deprive over 400,000 needy families assistance by the end of the century. check for having a child. Unlike the that were otherwise entitled to help It is even worse when we look at dis- current system, if you are on welfare, under the WIC Program. abled kids now entitled to some help having an additional child will not School Lunch and School Breakfast under the Supplemental Security In- automatically mean another check. Programs under the new block grant, come, where changes proposed in this Unlike the current system, if you fa- even if fully funded at the authorized legislation would cut nearly $11 billion ther a child, we will find you, and you level, will be almost $2.5 billion below over the next 5 years. Within 6 months, will take financial responsibility for what would otherwise have been re- over a quarter of the 900,000 kids that your child. quired under existing law, a really now depend on SSI would lose assist- The Personal Responsibility Act will penny-wise and pound-foolish strategy ance. give the States the ability to deal with given all of the data we have about how This is not good for America. It rep- these issues, and it will remove power effective these school feeding programs resents a perverse desire that in order from the hands of Federal bureaucrats. have been in improving learning in this to relax the capital gains tax formula Contrary to the Democratic myth, in country. for people over $100,000 a year, we are the area of child nutrition, we are in- Food stamps will be cut by over $14 going to water down the baby formula creasing funding by eliminating the billion over the next 5 years under the for poor kids on WIC. Instead of put- costly ransom taken by Federal bu- welfare bill that will be coming up ting money into the lock box for deficit reaucrats. We will give the States the under Republican sponsorship, changes reduction, we are going to have a tax opportunity to make real change, as in that would take food stamps away cut that puts it into the safety deposit Wisconsin where welfare payments from over 2 million Americans over the boxes of the wealthy. were reduced for those who left school, next 5 years and reduce the level of f and high school drop-outs returned to support to the participants that re- school to finish their degrees. We will PERSONAL RESPONSIBILITY ACT main. give the States opportunity to get At the level estimated by the Con- The SPEAKER pro tempore. Under tough as in Michigan, where a serious gressional Budget Office to be nec- the Speaker’s announced policy of Jan- work requirement for welfare recipi- essary to carry out the revised pro- uary 4, 1995, the gentleman from Geor- ents met with harsh criticism from lib- gram if unemployment remains low, we gia [Mr. NORWOOD] is recognized during erals, and now the welfare rolls have would have those kinds of deficits in morning business for 5 minutes. fallen to their lowest level in 7 years. coverage, but just think what happens Mr. NORWOOD. Mr. Speaker, I rise Mr. Speaker, I challenge the other if the economy slows down and more today in support of the Personal Re- side to join us in an honest debate families with children become eligible sponsibility Act. With this act, we will about the failed welfare system. I ask for assistance? And also keep in mind, make tremendous strides in changing you to join the debate about changing and it is a sad statistic but one that the incentive structure to make people incentives and forcing people to take puts this in perspective. One in five more responsible for their actions. We responsibility for their actions. But I children in America today depends will bring an end to the failed welfare realize some of you cannot accept my upon food on the table from the food system that has done so much more challenge; I know that some of you are stamp program. harm than good over the past 30 years. too dependent on the protecting the Passing on from nutrition, which is And we will do so over the objections of role of Government; to you I say this: certainly a central issue, to day care. those who refuse to see the disaster If you can do nothing more than defend Under the welfare bill that will be com- that the system has become. this morally bankrupt system, if you ing up from the Republican side, we Mr. Speaker, can anyone seriously can do nothing more than obscure the will be cutting funding for child care argue that the welfare system has been facts in a desperate attempt to protect programs by almost $2.5 billion over a success? The welfare system was sup- the status quo, well then I would have the next 5 years, or a 20-percent drop posed to be a safety net. Instead it has to say I feel sorry for you. Because the compared to where we would be under become quicksand that few people ever American people are calling out for current law. Sadly, for all the talk return from. Of familiar now on AFDC, change, and they expect more than about how important it is to move wel- 65 percent will remain on welfare for at weak and spurious defenses of a failed fare families on to work, to free them least 8 years. The average length of welfare system. from dependency, unlike the current stay for people on the rolls at any Mr. Speaker, I urge my colleagues to law, the bill that the majority party given time is 13 years, 13 years. And support this bill, to defeat the forces of would bring to the House will have no what do we as a nation expect in return the failed status quo, to confront those requirement that in States that have for supporting people for years and who will distort the truth, and to do work requirements for welfare, no re- years? Nothing. We have no real work what is right and long overdue for quirement that these families also get requirement, job-training requirement, America. child care. Again parents bill be put to or education requirement for people re- the Hobson’s choice of no good child ceiving welfare. f care but requirements for work in Mr. Speaker, the welfare system has order to remain eligible for any kind of caused the disintegration of the family. CHEMICAL AND BIOLOGICAL assistance to their children. Fathers have become irrelevant, re- WEAPONS POSE THREAT This bill will also greatly unravel the placed by a welfare check as the family The SPEAKER pro tempore. Under general safety net for kids in this coun- provider. In 1965, 7 percent of children the Speaker’s announced policy of Jan- try that is represented by aid to de- in this Nation were born out of wed- uary 4, 1995, the gentleman from Ala- pendent children. Again, even if fully lock. In 1990, 32 percent of children in bama [Mr. BROWDER] is recognized dur- funded at authorized levels, which is a this Nation were born out of wedlock. ing morning business for 5 minutes. H 3334 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Mr. BROWDER. Mr. Speaker, I was the people the option of using their last year I heard from so many talk not surprised by yesterday’s nerve IRA’s to buy their first home, send show folks about, I wonder how many agent incident in Tokyo. Now I am their kids to college or help pay their of those people have read H.R. 1214 who concerned about what might happen medical bills is in jeopardy. And a are now talking about it as the great- here in the United States. promise to families to provide them est thing since sliced bread? Let me read, Mr. Speaker, from a with a $500 per child tax credit is in It is not as big as some of the bills we special inquiry which I chaired in 1993 jeopardy. have considered but it is almost 400 dealing with the growing threat of Why? Because some of your Congress- pages and I hope that some of the pro- chemical and biological weapons. One men on both sides of the aisle want to ponents who talk about how great it is of our conclusions was, lower the income level from $200,000 have had a chance to read it, like some The prospects for chemical and biological down to $95,000. It disappoints me that of us have who were on the committees terrorism have probably increased as terror- we have to have an income gap, but it who dealt with it. ists and sponsors of terrorism acquire chemi- irritates me that some Members want The school nutrition program will be cal and biological warfare agents and weap- to lower it. Every single American de- hurt if we pass the, what is now H.R. ons. As a consequence, the possibility of ter- serves tax relief and it is preposterous rorist use of such agents against the United 1214. The Republicans’ shell game con- States or one of its allies cannot be dis- that even the Members who signed the tinues with our children hanging in the counted and should not be ignored. The Unit- Contract With America are now reneg- balance. As this flier states, ‘‘When It’s ed States should strengthen emergency plan- ing on the promise they made to the Budget Cutting Time, You Always ning to respond to a potential terrorist use American people. Shoot at the Easiest Target.’’ You can of chemical or biological weapons. Believe me, I have heard the argu- see how the impact of that will be Well-trained and equipped military ments. ‘‘Tax cuts are for the rich. They when you talk about the WIC program, personnel can survive and fight a will increase the Federal deficit.’’ or you talk about the children’s nutri- chemical war, but civilians cannot deal Those are false statements. They really tion program. with chemical attack. Chemical weap- are. Those arguments are shortsighted Your argument should be that we do ons have been called the poor man’s and they have no concern for our cur- need to reform welfare, and I agree atom bomb because they are cheap and rent tax burden that is placed on every with my colleagues on the other side of easy to make and because civilians are American taxpayer. the aisle, but this bill that came out of thoroughly panicked by chemical Did you know that in 1950, the typi- both the Committee on Ways and weapons. cal American family with two children Means and out of the committee I serve Look at today’s headlines. sent $1 out of every $50 it earned to on was not a debate, it was just, ‘‘We The Washington Post, ‘‘Nations Un- Washington, DC? Last year, just 25 have a plan and we are going to run ready To Thwart Mass Poisoning.’’ years later, that same family sent $1 over you as Democrats. We’re not The Washington Times, ‘‘Subway out of every 4$ it earned to Washing- going to agree with you that we need Gassing Called a Preview of Terrorist ton, DC. to address children’s nutrition through Future.’’ A family with five children making the School Lunch Program. We’re just USA Today, ‘‘Transit System Alert $200,000 a year is not rich. Besides, going to block-grant it. We’re going to Urged. Officials Fear Copycat of Japa- whose money is it, anyway? We are not do what we want to do.’’ nese Gas Attack.’’ taking it back from the Federal Gov- So there was not a debate. It was the The New York Daily News says, ernment. We are giving it back to the majority saying we are going to do it ‘‘New York’s Subway Riders’ Night- people who earned it, you the voters, the way that we want instead of really mare. We Have No Plan.’’ the constituency, the people of Amer- making it a bipartisan effort. Mr. Speaker, it is only a matter of ica. When I came to Congress in January, time before terrorists, extortionists or The Government did not work to I thought that welfare reform would be deranged individuals and groups tar- earn the money but I will bet you for a bipartisan effort, but I do not think geted Americans. That is why I am sure the Government sure knows how we are going to see it today or this asking American defense intelligence to waste it. week because it has not been. and emergency preparedness officials Mr. Speaker, I would like to pose I agree we need to reform welfare. We to tell me and the American people these questions to the American peo- need to take away the incentive of just what our Government is doing to ple. Are you taxed too heavily? Do you someone or the tragedy of a person prepare for chemical and biological ter- deserve tax relief? Do you believe the being on welfare. But we do not need to rorism here in the United States. Government spends too much? Finally, cut the programs that provide the most f do you believe that Republicans should effective safety net that we have for keep our promises? our children. We should require people TAX RELIEF AND REDUCED I urge each of you to call your rep- to work. We should require a time SPENDING resentatives and let me know you sup- limit about how long they are on there. The SPEAKER pro tempore. Under port this bill. Pick up the phone right We should require them to go to job the Speaker’s announced policy of Jan- now and make your Congressman ac- training. We should require them to do uary 4, 1995, the gentleman from Texas, countable. Tax relief combined with all sorts of things. But when you take Mr. SAM JOHNSON, is recognized during spending reductions will revive Ameri- the school nutrition program and you morning business for 5 minutes. ca’s strength. say we are going to increase the au- Mr. SAM JOHNSON of Texas. Mr. f thorization, whereas now a child shows Speaker, the gentleman that just spoke up in school, they have a guarantee of is quite right, and I think looking at WELFARE REFORM that lunch if they are qualified and say old George Washington over there, he The SPEAKER pro tempore. Under we are going to authorize 4 percent would have agreed that defending the the Speaker’s announced policy of Jan- more but next year in the Committee country is primary in our interest. I uary 4, 1995, the gentleman from Texas, on Appropriations it may be cut and think old George would also have Mr. GENE GREEN, is recognized during then we are going to let the State take agreed that we don’t need welfare, and morning business for 5 minutes. 20 percent and spend it on something we don’t need high taxes. In his day, Mr. GENE GREEN of Texas. Mr. else because of the block granting. there wasn’t any income tax. Speaker, we had a member from the That is why this poster is so relevant: I stand here to tell you that a prom- majority side a few minutes ago talk- ‘‘When it’s budget cutting time, the ise we made to the seniors that we ing about joining the debate on welfare easiest target is a child.’’ would give them tax relief by eliminat- reform. I would be more than happy to Last week a colleague of mine from ing the 85-percent tax on Social Secu- join the debate with him, talking about Texas talked about some of the high- rity is in jeopardy. A promise we made the fallacies of both the original H.R. 4 way demonstration projects in the re- to married couples that they would get that was introduced but also the H.R. scission bill that were untouched. Yet relief from the marriage penalty is in 1214 that we are considering today and we cut AmeriCorps, we cut job train- jeopardy. A promise we made to give this week and which reminds me, since ing, and most of these projects were March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3335 not even requested by our local high- A 10-year-old with the distinguished thought, word and deed, be reflections way departments or transportation de- name of Touissant L’Ouvertuo Tin- of Your will for us and our desire to be partment. gling-Clemmons said, ‘‘Children have faithful to that to which we have been How is it equitable that we cut to say no to a lot of things. Food called. Bless us this day and every day, school lunches but not highway should not be one of them.’’ we pray. Amen. projects? The chief financial officer for Chastity Crites from West Virginia, a f the State of Texas has estimated that daughter of a construction worker, said if this welfare bill passed today, this she does not eat if he, her father, does THE JOURNAL not work except for school lunches. H.R. 1214 passes, it will cost the State The SPEAKER. The Chair has exam- A sixth grader from southeast Wash- of Texas over $1 billion in our next bi- ined the Journal of the last day’s pro- ington said, Marche was her name, ennial, 1996–97. The Department of ceedings and announces to the House ‘‘The food tastes so good and some- Human Services estimates that if this his approval thereof. times when we get to school we are bill passes, it would cost the State of Pursuant to clause 1, rule I, the Jour- hungry. Why would they cut school Texas $5.2 billion. The CBO has said nal stands approved. that with growth in population and in- lunches?’’ flation, this reduction would be $2.3 bil- Why would they indeed? The issue of f lion. hunger in our country has never been a PLEDGE OF ALLEGIANCE I know I am throwing out lots of debatable one and indeed feeding the numbers and some of them may dis- hungry has always enjoyed bipartisan The SPEAKER. The gentlewoman agree, but no matter how you cut it, support. In 1946 President Truman from Connecticut [Ms. DELAURO] will the people who are going to pass this signed the Federal School Lunch Pro- lead the House in the Pledge of Alle- bill this week really do not know what gram into law. President Richard giance. it is going to do because all they are Nixon later said a child ill-fed is dulled Ms. DELAURO led the Pledge of Alle- doing is running that train and saying in curiosity, lower in stamina and dis- giance as follows: we are going to pass a welfare reform tracted in learning. I pledge allegiance to the Flag of the bill, even if it does cut WIC or school Why then is the Republican majority United States of America, and to the Repub- nutrition, or it cuts a lot of other pro- putting on the House table a proposal lic for which it stands, one Nation under grams that are really important and which will take food off the cafeteria God, indivisible, with liberty and justice for all. have a great deal of support. table for America’s children? If any of these are reduced fundings, The extreme Republican proposal f particularly the one from the Congres- will cut, I repeat, it will cut the num- SUNDRY MESSAGES FROM THE sional Budget Office estimates for sav- ber of poor children who benefit from PRESIDENT ings and administrative costs, we are the program. It will cut the School talking about stopping children from Lunch Program benefits because it Sundry messages in writing from the having a hot lunch. Yesterday I was in says that States must spend only 80 President of the United States were my district at J.P. Henderson Elemen- percent of the Federal school lunch communicated to the House by Mr. tary School in Houston trying to show funds on school lunches because it re- Edwin Thomas, one of his secretaries. moves nutritional standards and re- that the claim of the welfare reform is f missing the point. Those children are moves eligibility requirements. eating that hot lunch and that is at a Mr. Speaker, this proposal will hurt COMMUNICATION FROM THE school that has easily 80 percent of the our children, weaken our future and CLERK OF THE HOUSE dim the prospects for our future. I urge children have a reduced and free lunch. The SPEAKER pro tempore (Mr. our colleagues to think again about the We should not continue to be playing DOOLITTLE) laid before the House the Republican proposal to cut the School games with our children’s future. We following communication from the Lunch Program. need to do welfare reform. We can take Clerk of the House of Representatives. school nutrition programs out of the f OFFICE OF THE CLERK, welfare reform just like the majority RECESS HOUSE OF REPRESENTATIVES, took the senior citizens nutrition out Washington, DC, March 16, 1995. of welfare reform 3 weeks ago. It is just The SPEAKER pro tempore. There Hon. NEWT GINGRICH, that again it is too often popular to hit being no further requests for morning Speaker, House of Representatives, the easiest target and not the senior business, pursuant to clause 12, rule I, Washington, DC. citizens. the House will stand in recess until 2 DEAR MR. SPEAKER: Under Clause 4 of Rule We do not consider buying text p.m. III of the Rules of the U.S. House of Rep- resentatives, in addition to Ms. Linda Nave, books, computers, or desks as welfare. Accordingly (at 1 o’clock and 29 min- utes p.m.) the House stood in recess Deputy Clerk, I herewith designate Mr. Jef- We should not consider school nutri- frey Trandahl, Assistant Clerk, to sign any tion welfare. until 2 p.m. and all papers and do all other acts for me f f under the name of the Clerk of the House which he would be authorized to do by virtue b 1400 PICK ON SOMEONE YOUR OWN of this designation, except such as are pro- SIZE: KID’S VOICES HEARD AT AFTER RECESS vided by statute, in case of my temporary CAPITOL RALLY absence or disability. The recess having expired, the House This designation shall remain in effect for The SPEAKER pro tempore. Under was called to order by the Speaker at 2 the 104th Congress or until modified by me. the Speaker’s announced policy of Jan- p.m. With great respect, I am uary 4, 1995, the gentlewoman from f Sincerely yours, California [Ms. PELOSI] is recognized ROBIN H. CARLE, during morning business for 2 minutes. PRAYER Clerk. Ms. PELOSI. Mr. Speaker, Sunday The Chaplain, Rev. James David f was a beautiful day at the Capitol be- Ford, D.D., offered the following pray- cause 2,000 children from all over this er: FAIRWELL TO MARIAN VAN DEN area from West Virginia to Pennsylva- We pray, O gracious God, that the BERG nia came to oppose cuts in the school words we use will foster truth and be (Mr. HOYER asked and was given lunch programs proposed by the Repub- delivered with understanding. May our permission to address the House for 1 lican majority. It was reported as the expressions promote knowledge and minute and to revise and extend his re- children’s crusade against Republican our statements advance a clearer real- marks.) budget cuts. Despite bus rides for as ization of our concerns. Help us, O God, Mr. HOYER. Mr. Speaker, I want to long as 5 hours, the children were very to keep our vision on the ideals of eq- say that today the official reporters of eloquent indeed. uity and justice so that all we do, in debates, the reporters who chronicle all H 3336 CONGRESSIONAL RECORD — HOUSE March 21, 1995 the proceedings on this floor, say fare- amendment—we kept out promise; un- decision about whether they should well, farewell to a valued member of funded mandates legislation—we kept send us back here or not. their staff, and of ours. our promise; line-item veto—we kept But the fact is that some 22 States For the past 17 years, Marian Van our promise; a new crime package to now have enacted term limits, not by Den Berg has been a transcriber with stop violent criminals—we kept our polls, not by letters, but by actually the official reporters. As we all know, promise; national security restoration going to the ballot box and casting working with the official reporters is to protect our freedoms—we kept our their votes in favor of it. In 1992 my not a 9-to-5 job. It often entails long promise; government regulatory re- district voted overwhelmingly by 70 hours, demands devotion far beyond form—we kept our promise; common- percent to support term limits. I be- that called for with ordinary jobs, and sense legal reform to end frivolous law- lieve that I have to respect the judg- requires a high degree of competence. suits—we kept our promise; welfare re- ment of those in my district. Marian has met all these criteria and form to encourage work, not depend- But when all of this became crystal more. She has been an outstanding, ence—we’re starting this today; family clear to me was watching the Senate hard-working, always cheerful, always reinforcement to crack down on dead- debate over the balanced budget devoted member of our staff. beat dads and protect our children; tax amendment and watching the arro- She is now leaving to pursue a new cuts for middle-income families; Senior gance of six Democrat Senators who career. Citizens’ Equity Act to allow our sen- have voted for a balanced budget Marian is a native of Annapolis, MD, iors to work without Government pen- amendment 1 year ago, the identical I tell my friend, Mr. GILCHREST, one of alty; and congressional term limits to language, thumb their nose at the his constituents. The daughter of make Congress a citizen legislature. American people. champion swimmers, her mother was a This is our Contract With America. We, ladies and gentlemen, do not swimmer of Olympic caliber. Marian f have the right to thumb our nose at herself lives near the bay in Annapolis our constituents. We have a respon- and has had a lifelong love of the water WELFARE REFORM sibility to respect their opinions, and I and water activities. (Mr. DINGELL asked and was given am proud to stand here as a new sup- She attended the University of Mary- permission to address the House for 1 porter of the term limit movement in land, and then Strayer Business Col- minute and to revise and extend his re- this country. lege and Strayer School of Court Re- marks.) porting. While living in California, she f Mr. DINGELL. Mr. Speaker, today worked at IBM. At home in Annapolis, we take up the welfare reform bill she worked at the Naval Academy. WELFARE WEEK sponsored by our Republican col- In addition to her work with the re- (Ms. NORTON asked and was given leagues. This would end cash assistance porters, Marian worked 2 years with permission to address the House for 1 for mothers, children, and legal immi- Representative Clark Thompson of minute and to revise and extend her re- grants. Texas. marks.) Last week my own cardinal for the Her children are Susan and Rick, Ms. NORTON. Mr. Speaker, this is archdiocese of Detroit said this: ‘‘The son-in-law, Tom, and she is the loving welfare week. For me it started not in measure of any such reforms will be and proud grandmother of young Pat- the abstractions of bill language. It whether or not they enhance the lives rick—whose picture she shows at every started on Sunday when I picked up my and dignity of poor children and their opportunity. mentee, a 13-year-old who lives in a families.’’ Marian loves music of all kinds, is a D.C. housing project, to bring to Sun- The truth is that these welfare re- jazz aficionado, is especially devoted to day’s school lunch rally at the Capitol. form proposals fail the cardinal’s test rock and roll, and plays a mean piano, She gets her breakfast and lunch at and they fail the test which was set I am told. school. forth by the Catholic archbishops and This exemplary employee of the Welfare week continued for me at bishops last week. Almost $70 billion House of Representatives will be great- noon today when I went to the elemen- will be removed from welfare pro- ly missed by her colleagues and by tary school I attended as a child. Then grams; $2.2 million legal immigrants each and every Member of the House of we brought our lunch or went home to will lose eligibility; 6 million needy Representatives and the American pub- eat it. Today 95 percent of the children children will lose their cash support; lic whom she serves. Marian has in my elementary school each lunch at 65,000 children in my own State will touched the hearts of everyone who has school. lose their lunch money. had the good fortune to meet her and You can talk until you are red, The Republicans cut money but they to work with her. white, and blue in the face about only do nothing to improve the way the wel- Marian, there are just a few of us on cutting the growth in school meals. fare reform programs operate. That is the floor, but if you would please rise The truth is the School Nutrition Pro- not reform. It is wrong. It is mean-spir- we would like to give you a hand and grams will lost $2.3 billion over 5 years ited. thank you so much for all you have under the contract. A cut in kids’ These programs have flaws. They done for all of us. lunches is a foul. Let us stop playing should be corrected. Protect the chil- Marian, God bless you and Godspeed. kids’ games. Pick on somebody your dren. Be fair. Respect the dignity of f own size. human beings. REPUBLICAN CONTRACT WITH f f AMERICA (Mr. BARTLETT of Maryland asked ANNOUNCEMENT OF SUPPORT FOR REPUBLICANS CLEANING UP OUT- and was given permission to address TERM LIMITS OF-CONTROL WELFARE SYSTEM the House for 1 minute and to revise (Mr. BOEHNER asked and was given (Mr. JONES asked and was given per- and extend his remarks.) permission to address the House for 1 mission to address the House for 1 Mr. BARTLETT of Maryland. Mr. minute.) minute and to revise and extend his re- Speaker, our Contract With America Mr. BOEHNER. Mr. Speaker, I rise marks.) states the following: On the first day of today to announce to all of my col- Mr. JONES. Mr. Speaker, the Lib- Congress, a Republican House will re- leagues that I intend to support our erals continue to exploit the hard work quire Congress to live under the same term limits section of our Contract and innovative ideas of the Republican laws as everyone else; cut committee With America. This is a decision that Party. The latest assault is our welfare staffs by one-third; and cut the con- did not come easily nor have I taken it proposal. They claim it is unfair to gressional budget. We kept out prom- lightly. children, mothers, and other recipi- ise. Many of my colleagues know I have ents. Wrong. What we are doing, is The contract continues and in the long believed that term limits were not cleaning up a system, which has spun first 100 days, we promised to vote on necessary, that the voters of our dis- out-of-control for years. Spending for the following items: A balanced budget tricts every 2 years could make that this bureaucratic-laden system has March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3337 reached $325 billion; if this continues, Mr. Speaker, the time has come fi- America’s sake, we do, and we did last it will cost the country approximately nally to completely overhaul the wel- week. $500 billion in 1998. fare system. f Instead, our proposal moves in the f opposite direction. It saves the tax- FEDERAL FOOD ASSISTANCE WASHINGTON POST POLL SHOWS payer approximately $60 billion over 5 MORE PEOPLE TRUST REPUB- years. Under the plan, people who hon- (Mrs. CLAYTON asked and was given LICANS IN CONGRESS estly need a helping hand will be given permission to address the House for 1 job training and education to rejoin minute and to revise and extend her re- (Mr. TIAHRT asked and was given the work force. marks.) permission to address the House for 1 The current welfare state has been Mrs. CLAYTON. Mr. Speaker, we minute and to revise and extend his re- the families downfall. Our plan will begin the debate today on a proposal marks.) remedy this, we will offer incentives that would transform welfare eligi- Mr. TIAHRT. Mr. Speaker, the Wash- adding up to 10 percent to States which bility, affect Federal spending, and ington Post poll that my colleague just successfully reduce illegitimacy rates. shift social services responsibility from cited had other interesting numbers in Let us work together, to create a sys- the Federal Government to the States. it that he failed to mention: tem, which restores pride and oppor- This is major reform, without a More people trust Republicans in tunity for the American people. doubt, welfare reform, they say. I sup- Congress to cut taxes rather than port welfare reform. President Clinton. f Proponents of the Personal Respon- More people trust Republicans in STOP THE WAR ON KIDS sibility Act say that the bill will result Congress to reform the welfare system in saving over $60 billion. We say the than President Clinton. (Ms. DELAURO asked and was given bill cuts almost $70 billion from More people trust Republicans in permission to address the House for 1 women, infants, children, and the el- Congress to reduce the deficit than minute and to revise and extend her re- derly. Proponents say the bill will President Clinton. marks and include extraneous mate- streamline bureaucracy. We say the More people trust Republicans in rial.) bill creates 50 other bureaucracies. Congress to reduce crime than Presi- Ms. DELAURO. Mr. Speaker, on Sun- They say the bill will reduce deficits. dent Clinton. day, thousands of children and their We say the bill fuels the deficit by add- More people trust Republicans in parents staged a ‘‘Lunch-In’’ on the ing to health costs. It is penny wise Congress to handle the Nation’s econ- steps of the Capitol to protest Repub- and pound foolish. They say the bill omy than President Clinton. lican plans to cut the School Lunch puts people to work We ask where and And finally, more people trust Re- Program. The message that these fami- how will they work? publicans in Congress to handle the lies sent to the Republican majority is It has been said that one person’s main problems facing our Nation simple: Stop the war on kids. profanity is another person’s lyrics. today, more so than the liberals and We all agree that there is waste in This debate is not whether we are curs- President Clinton. The poll is very Government and that there are pro- ing. This debate is about whether we clear, Mr. Speaker. They trust the Re- grams that do not work and should be are cursing or cheering America. publicans. We are on track with wel- eliminated, but the School Lunch Pro- The people will decide who we are fare reform this week. We hope success gram is not one of them. The School benefiting and who we are hurting. will be here by the end of the week. Lunch Program works. It works to help This bill should be helping America our kids stay healthy, alert, and ready and not dividing us. f to learn each day. f If we are going to cut spending and OSHA CUT WOULD DELAY reform Government, why not start by THE ONE-PENNY BUDGET CUT PROTECTION FOR WORKERS cutting corporate welfare. We could (Mr. MARTINI asked and was given (Mr. OWENS asked and was given save $5 billion if we eliminate the tax permission to address the House for 1 permission to address the House for 1 breaks given to pharmaceutical compa- minute and to revise and extend his re- minute and to revise and extend his re- nies to manufacture offshore. Why not marks.) marks.) start there, instead of starting by cut- Mr. MARTINI. Mr. Speaker, last Mr. OWENS. Mr. Speaker, the action ting programs for our children. week I sent every Member of the House of the House last week in passing the f one penny. DeLay amendment, which cut an addi- One penny that is what we were talk- tional $3.5 million from the current b 1415 ing about in the budget rescission year budget for the Occupational Safe- passed last week. ty and Health Administration, was IT IS TIME TO OVERHAUL THE The rescissions package the House reckless, counterproductive, and just WELFARE SYSTEM passed represents approximately one plain stupid. In the name of stopping (Mr. CHABOT asked and was given one-hundredth of the Federal budget the ergonomics standard, the House permission to address the House for 1 for fiscal year 1995. made cuts that cannot and will not minute.) If we cannot cut that from the budg- stop work on the standard, but will Mr. CHABOT. Mr. Speaker, we begin et, what are we doing here in Congress? hurt health and safety by cutting today to discuss the debate the Repub- Mr. Speaker, my home State of New workplace inspections and consultation lican welfare reform plan. Jersey went through this same process visits. Thousands of workers will be Now, our Democrat colleagues have years before Congress did. hurt, and some may die if these cuts tried to put their own negative spin on Then, as now, the doomsayers said are allowed to stop the effort to make our plan. However, they still have not the difference of a penny would ruin our workplaces less dangerous. got it quite right. the Garden State. Mr. DELAY says we have to send a Let me explain the entire bill in a Well, the doomsayers were wrong signal to OSHA not to ignore the mora- few simple words: Work, family, per- then and they are wrong now. torium bill. But that bill is not law; we sonal responsibility, and hope for the We will show the American people do not have a one-House veto. Mr. future. Now, how hard is that to under- that cutting one penny on the dollar DELAY cannot singlehandedly delay stand? off the budget will not ruin our Nation. progress. And the Senate probably is Republicans are going to replace a Rather as Congress decides to make not going to pass the silly moratorium failed system of despair with a more the difficult decisions to turn our fiscal bill in any event. compassionate solution that will work situation around, our Nation will only OSHA is following the law and doing to get people off the public dole. get stronger, not weaker. the right thing—precisely what we all Through the dignity of work and the Mr. Speaker, for 40 years, the other tell them we want—working with the strength of families, we will offer hope party has shown that they do not have business community, checking out for the future of millions of Americans. the resolve to cut even one penny. For their ideas in the field, consulting with H 3338 CONGRESSIONAL RECORD — HOUSE March 21, 1995 workers and managers. At this point understand why we are eliminating na- which I am pleased to say has great bi- there is no ergonomics proposal, just tional nutrition standards. partisan support, will begin the process ideas in draft form for tackling the sin- Does someone want to go back to of ending welfare as we now know it gle biggest source of injuries to Amer- calling catsup a vegetable? and putting our children first by re- ican workers. Why in the world would I am concerned, because these cuts quiring both parents to support their we tell the agency not to try to figure are going to finance tax breaks for the own children. out a cost-effective way to protect wealthy. Fifty percent of the tax Mr. Speaker, I urge every Member to workers from carpal tunnel syndrome breaks go to families making over support this bill and the children. and back injuries? $100,000, like Congressmen. I do not f Mr. Speaker, the DeLay amendment think we need a tax break. to delay protection for workers was Five hundred dollars per child for INCREASE, NOT REDUCE, THE reckless, counterproductive, and just people making up to $200,000? I do not FOOD PROGRAM plain stupid. understand why. Twenty percent of the (Mrs. COLLINS of Illinois asked and f tax cuts go to the wealthiest 2 percent was given permission to address the of the people in this country. House for 1 minute and to revise and THE IMPORTANCE OF Mr. Speaker, you like to talk about extend her remarks.) BIODIVERSITY the average American. Well, I will tell Mrs. COLLINS of Illinois. Mr. Speak- you, when the average American citi- (Mr. GILCHREST asked and was er, I went to the Henry Suder School in zen figures out we are taking money my district on last Friday for the given permission to address the House out of the mouths of children to pay for 1 minute and to revise and extend School Nutrition Program, and while I for tax breaks for the wealthy, I think was there, they gave me these paper his remarks.) they are going to resent it. I think Mr. GILCHREST. Mr. Speaker, today dolls. They have been coming into the they are going to resent it all the way office over the last month or so. They I would like to bring to your attention to the 1996 elections. two little known animals that are very are from various children who are at important to the pharmaceutical in- f the school. One little girl says, and this is to dustry in the United States. The exist- ANNOUNCEMENT BY THE SPEAKER CARDISS COLLINS from Pearl Haye. It ence of these animals brings new hope PRO TEMPORE to high blood pressure sufferers and says, The SPEAKER pro tempore (Mr. heart attack victims in this country. Children need quality, nutritious foods to DOOLITTLE). The Chair will remind all First, high blood pressure sufferers help them grow. If there is no balanced food, persons in the gallery that they are look to the pit viper to provide an en- they won’t be healthy. They will not become guests of the House and that any mani- healthy citizens. I like to eat well, and I like tirely new generation of extremely ef- festation of approval or disapproval of to learn a lot of skills. Please, increase, not fective antihypertensives. Compounds proceedings is in violation of the rules reduce, the food program so that all kids can found in the venom of these snakes of the House. benefit from it. have lead to greater understanding of f You know, it is really amazing to me the human mechanism for maintaining when people talk about cutting $60 bil- blood pressure. However, number of pit WELFARE REFORM BILL: NEW lion out of the mouths of children. To viper species are threatened with ex- METHODS FOR COLLECTING snatch food right out of children’s tinction. FROM DEADBEAT PARENTS mouths is absolutely not comprehen- Second, the Houston toad, on the (Ms. DUNN of Washington asked and sible at all to me. brink of extinction due to habitat loss, You know, I went to the school, and produces alkaloids which scientists be- was given permission to address the House for 1 minute.) for lunch they had a little tray with a lieve may prevent heart attacks. These few little chicken fingers, french fries, alkaloids also appear to have analgesic Ms. DUNN of Washington. Mr. Speak- er, today we begin the process of over- a few carrots, an orange, and a carton properties more powerful than mor- of milk. phine. The Houston toad is native to hauling a welfare system that traps millions of Americans, especially Why take that away from little kids? the United States. It does not make sense to do so. At least 500 species and subspecies of women and children, in an endless plants and animals in the United cycle of poverty and hopelessness. f States have become extinct since the One of the most crucial provisions of the Republican welfare reform bill pro- MAKING GOVERNMENT LESS 1500’s. Could one of those long-gone COSTLY AND LESS INTRUSIVE species have held the cure to AIDS, vides new methods for collecting cancer, or the common cold? money from deadbeat dads and moth- (Mr. LEWIS of Kentucky asked and Let us reauthorize a workable Endan- ers. Right now these irresponsible par- was given permission to address the gered Species Act. ents in my home State of Washington House for 1 minute.) owe over $423 million, and $34 billion is Mr. LEWIS of Kentucky. Mr. Speak- f owed nationally to the children and the er, straight from the Democratic Party families. propaganda room, I give you the Wash- STOP PICKING ON KIDS This is money that, in many cases, ington Post’s latest poll that says the (Mr. WYNN asked and was given per- could be used to keep children off wel- momentum of the Republican Contract mission to address the House for 1 fare. These uncaring parents provide With America is slowing down. minute and to revise and extend his re- neither hope nor a bright future for Mr. Speaker, it is polls like this and marks.) their children. What these deadbeat scare mongering by our opponents that Mr. WYNN. Mr. Speaker, I come to parents do instead is three things: has given America 40 years of one deliver a message from our luncheon on They evade their most basic respon- party rule, bloated budgets, arrogance, Sunday: Stop picking on kids. sibility by failing to support their own and a country on the verge of bank- Little 10-year-old Touissant flesh-and-blood children, they force ruptcy. Clemmens probably said it best, ‘‘Chil- their own children into welfare, and Are the Republicans cutting wasteful dren have to say no to a lot of things. they force you, the American taxpayer, spending? Are we working toward a Food should not be one of them.’’ to pick up the tab for their irrespon- balanced budget? Have we begun to end Mr. Speaker, I cannot for the life of sibility. the arrogance of Washington knows me understand why we are cutting $6 Mr. Speaker, they force the Govern- best? And are we working hard to keep billion out of the School Lunch Pro- ment to become the parent. our word to the American people? The gram to provide tax breaks for the Mr. Speaker, unfortunately the sta- answer is yes. wealthy. I cannot understand why we tus quo welfare system provides little Our journey is a difficult one. Fight- are trying to replace a Federal bu- relief to the families trapped by delin- ing the scare tactics of the ‘‘let’s party reaucracy with 50 State bureaucracies, quency of the deadbeat parents. The on’’ crown has not and will not be easy. and why that is a better idea. I cannot child-support provision of our bill, But the American people know better. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3339 They may have been fooled when they reducing welfare dependency by ensur- percent per year for 5 years or that we voted for change in the 1992 election ing that parents support their children; are increasing funding for WIC, Women and ended up with the ‘‘let’s party on’’ strengthening and streamlining the Infants, and Children’s Program, by crowd’s higher taxes, more Govern- State-based child support system; and over $1 billion over 5 years? Their an- ment spending, and a proposal for Gov- giving the States the tools they need swer is they have not heard. ernment run health care. to get the job done. The Democrats started the lie about But the 1994 election was different. Too many single-parent families the cuts and the news media have And despite the naysayers who will have had no where else to turn but to compounded that lie. We are increasing fight our efforts every day preserving resort to Government support pro- funding for school lunch programs and the status quo, we will succeed in cut- grams—and too many children go to also for WIC. I wish the other side ting the waste and making Govern- bed hungry or do without—all because would tell the truth, and likewise for ment less costly and less intrusive. their dead-beat parents outrun the cur- the news media. It seems only Rush f rent bureaucratic and time-consuming Limbaugh is telling the truth. child support collection system. This b 1430 has got to stop. Republicans are work- f LET US KEEP THE FREE LUNCH ing to change our child support collec- PROGRAM tion system. WELFARE REFORM IS NEEDED I applaud the child support enforce- (Mr. MCDERMOTT asked and was (Mr. GENE GREEN of Texas asked ment goals of H.R. 4, and support its ef- given permission to address the House and was given permission to address forts. for 1 minute and to revise and extend the House for 1 minute and to revise his remarks.) f and extend his remarks.) Mr. GENE GREEN of Texas. Mr. Mr. MCDERMOTT. Mr. Speaker, yes- DOMESTIC VIOLENCE terday morning I went to Hawthorne Speaker, welfare reform is needed. Let School in Seattle and talked to the (Mr. STUPAK asked and was given us have a real debate on welfare re- whole student body, 650 squirming permission to address the House for 1 form. We can require work. Let us set kids, all of whom had taken a paper minute and to revise and extend his re- time limits on assistance for the non- dinner plate and written a note to me marks.) disabled. Let us require job training. about the school lunch program. The Mr. STUPAK. Mr. Speaker, one of Let us do a better job on collecting kids actually know what is happening. the most disturbing problems facing child support. I think that needs to be In Seattle, 47 percent of the students our society today is domestic violence. done. take part in the reduced or free lunch Violence against women exists in big But this bill today is more than that. program. There were almost 430,000 cities, and it also exists in small, rural This bill is about cuts in assistance to lunches served last year. communities, like those in my district children. And whether you call it cuts In the next school year, with the cuts in northern Michigan. For many years or, under the newspeak, we call it limi- in this bill we are going to deal with domestic violence was not discussed in tations on increases, the American peo- over the next couple of days, Seattle public, because people thought it was a ple want welfare reform, but they do will lose $654,000. Now, that means the problem that should be dealt with from not want cuts in our school lunches. State legislature has got to pick up within the home. Yesterday I had lunch at the J.P. that amount. Some of my colleagues in Statistics show that crimes against Henderson Elementary School in Hous- my delegation pushed through an women are rising at a faster rate than ton, TX. Those children enjoyed their amendment that says it takes 60 per- total crime. Even more disturbing is lunch. We had a burrito, and I will have cent to raise the taxes in the State of the fact that more than two-thirds of to admit it was harder for me to eat Washington. So how are you going to violent crimes against women are com- than it was for them to eat. But their get that through? mitted by husbands, boyfriends, or ac- lunch is important to them, as impor- But even more amazing, I picked up quaintances. In fact, thirty-three per- tant as their school work, their room the Seattle paper, and one of my col- cent of American women who are or their teachers, because a child who leagues says we are going to save killed, are killed by a boy friend or is hungry cannot learn. The American money by cutting regulations like that husband. people understand that, and I hope peo- useless regulation that requires the Recently, we have had reason for ple would understand in this Congress schools to monitor the temperature of hope, because President Clinton took that they need to read their lips; they the milk. It is as though the Members on the fight against domestic violence. want welfare reform but they do not on the other side never heard of the Because of his leadership and support, want cuts in school lunch programs, as germ theory. the Violence Against Women Act was this bill, H.R. 1214, will do. The reason you have cool milk being passed into law. is to keep kids from getting stick. President Clinton is the first Presi- f Vote against this bill. dent to attack this problem head-on. WESTERN COMMERCIAL SPACE f He has created a special Violence Against Women Office at the Depart- CENTER LEASE SIGNING TITLE VII OF H.R. 4, CHILD ment of Justice to spearhead the effort (Mrs. SEASTRAND asked and was SUPPORT ENFORCEMENT to fight violence against women. given permission to address the House (Mr. WELLER asked and was given Today, the President announced ap- for 1 minute and to revise and extend permission to address the House for 1 proximately $26 million in STOP her remarks.) minute.) Grants to the States to fight violence Mrs. SEASTRAND. Mr. Speaker, last Mr. WELLER. Mr. Speaker, as one of against women. Friday the 25-year lease agreement be- the chief sponsors of the Family Rein- I salute President Clinton’s leader- tween the Department of the Air Force forcement Act, I rise in strong support ship in this fight, a fight which we all and the Western Commercial Space of the goals of the child support en- must join, to stop domestic violence. Center was finally signed. Although forcement provisions in the Personal f the agreement had been agreed upon in Responsibility Act.—Our welfare re- principle for months, it was nearly de- form initiative. TELL IT LIKE IT IS railed by an overzealous civilian bu- The strength of America’s families is (Mr. BALLENGER asked and was reaucracy. In essence, what would have of utmost importance to the future of given permission to address the House taken less than 30 days in the private this country. We must act quickly and for 1 minute.) sector took several months because of decisively to restore, encourage and Mr. BALLENGER. Mr. Speaker, I the arcane manner in which govern- protect our most fundamental unit of have asked groups of people back home ment tends to operate. American society. if the news media have explained to This lease agreement paves the way I am here today to voice my support them that the Republican School for construction to begin on the first for the commonsense goals of H.R. 4: Lunch Program is increasing by over 4 polar orbit commercial spaceport in H 3340 CONGRESSIONAL RECORD — HOUSE March 21, 1995 America. Moreover, this agreement present section 404 is a bureaucratic Today, we say, ‘‘no more.’’ Funding will usher in a new era of commercial quagmire that fails economically, con- will begin to flow to the States to bol- launches from Vandenberg Air Force stitutionally, and environmentally: ster their law enforcement, prosecu- Base in California and will be a cata- Local development is constrained to tion, and victim services that address lyst for greater private industry in- spare the destruction of marginal wet- violence against women. A national vestment in commercial space activity lands, private property rights are ig- family violence hotline will be estab- across America. nored as Government declares citizens’ lished. As a result of the rape victim Mr. Speaker, many people deserve property unusable, and State programs shield law, which prevents abusive in- thanks and credit for going the extra offer little to no incentive for local quiries into one’s past, victims will no mile to work out this lease agreement. land owners to preserve and enhance longer be the ones put on trial. And in- As we have discovered once again, vital wetlands. dividuals convicted of certain Federal when the national interest is in- The new legislation surpasses the sex abuse laws will be ordered to pay volved—in this case the U.S. commit- current 404 program in many ways. restitution to their victims. ment to commercial space—both sides Most importantly, the legislation rec- Crimes against women are rising of the aisle can come together to do ognizes that not all wetlands are the much faster than total crime. what is best for America. same. Wetlands would be classified into Today we say, ‘‘no more.’’ f three types with the most valuable class being more strictly regulated f REPUBLICAN RADICAL APPROACH than under current law. The middle TO CUTTING SCHOOL LUNCHES class would be treated similarly to cur- REPAIRING A BROKEN WELFARE (Mr. VOLKMER asked and was given rent law, but benefiting from the injec- SYSTEM permission to address the House for 1 tion of a new balancing approach to the (Mr. RIGGS asked and was given per- minute.) system. The third class, which provides mission to address the House for 1 Mr. VOLKMER. Mr. Speaker, Mem- no wetland functions and values, would minute.) bers of the House, as I traveled around be virtually unregulated. Mr. RIGGS. Mr. Speaker, our welfare The legislation also makes important my district over the weekend, I met system is broken. It encourages de- strides in recognizing the rights of pri- with school administrators who are pendency, destroys initiative, and robs vate property owners. For farmers, concerned about what is going to hap- the poor of hope. As Ronald Reagan prior converted cropland would not be pen to the School Lunch Program said, included within the scope of the wet- under the Republican radical approach lands regulation. Furthermore, land You cannot create a desert, hand a person to cutting school lunches. owners, who have lost the right to use a cup of water, and call that compassion. One of the biggest things that be- And you cannot build up years of dependence a portion of their land due to a Govern- came apparent to me as I traveled on government and dare call that hope. ment taking, would have the option to around and talked to people, and I seek compensation at fair market We need to break the cycle of depend- asked people what they knew about the value and transfer that the title to the ency created by four decades and sev- Contract With America, I found very Government, or to retain the title to eral trillion dollars of Federal pay- few that ever heard of it and about two the property land abide by the prohibi- ments. We need a welfare system that or three of all the people I talked to tion established for type A wetlands. encourages personal responsibility, even knew anything about it. In addition, the legislation also pro- that requires work, and that gives It seems all these speeches that are vides for the protection and growth of States more flexibility to solve their being given here every day about this our Nation’s most functionally impor- own unique problems. This is not just a contract are not soaking in back home. tant wetlands. First, States are re- matter of fiscal responsibility, Mr. One thing they did ask me about in- quired to develop mitigation programs Speaker. For the sake of the people variably, wherever I went, what has to enhance wetlands growth. Second, this Government has locked into a de- happened to the NEWT GINGRICH inves- this legislation expands the list of ac- humanizing welfare system, we need to tigation? What happened to the book tivity that require permits in type A begin offering a hand up, not a hand- deal? What happened to the COPAC in- wetlands. out. This is what the Republican wel- vestigation? Why is not something For all of these important reasons, I fare reform plan is all about—caring being done about that? am pleased to offer this bill to the for the truly needy, while empowering That is what I hear about all over my House. people to help themselves. That is the district. That is what the people want f American spirit, Mr. Speaker, and it is to know: Why is not this House inves- time we restore it to our welfare sys- tigating the Speaker’s actions and VIOLENCE AGAINST WOMEN ACT tem. what he has done on the book deal and (Ms. SLAUGHTER asked and was f other things? given permission to address the House f for 1 minute and to revise and extend WELFARE REFORM: REJECT THE her remarks.) FEDERAL WATER POLLUTION REPUBLICAN PLAN Ms. SLAUGHTER. Mr. Speaker, as CONTROL ACT one of the authors of the Violence (Mr. WATT of North Carolina asked (Mr. ENGLISH of Pennsylvania asked Against Women Act, I was proud to and was given permission to address and was given permission to address join President Clinton at the White the House for 1 minute.) the House for 1 minute and to revise House earlier today to announce the Mr. WATT of North Carolina. Mr. and extend his remarks.) appointment of former Iowa Attorney Speaker, the rich are getting richer, Mr. ENGLISH of Pennsylvania. Mr. General Bonnie Campbell to direct the and the poor are getting poorer. Over Speaker, today I am introducing wet- Violence Against Women Office at the the last 15 years the top 5 percent, the lands legislation intended to replace Department of Justice. richest people in our country, have section 404 of the Federal Water Pollu- The Violence Against Women Act, seen their income and assets grow tre- tion Control Act. Section 404 governs which passed with strong bipartisan mendously. The bottom 20 percent, the wetlands regulation and has long been support, is the first comprehensive poorest people, have seen their incomes in need of review and reform. Federal effort to fight violence against drop. The middle has been frozen in the The new section would classify wet- women. Long before Nicole Simpson same place for that entire period of lands by their function and value, and was a household name, violence against time. balance the farmers’ and landowners’ women was one of America’s most seri- What does that have to do with wel- property rights with the need to pro- ous crime problems and most hidden fare reform which we are discussing tect our Nation’s functionally impor- secrets. Unfortunately, our local agen- today? The Republicans’ block grant tant wetlands. cies were often inadequately trained, approach freezes welfare at the 1994 I strongly disagree with the current or hindered by scarce resources, and level for the next 5 years. At the same wetlands regulation process. The unable to tackle the problem. time, they propose a $190 billion tax March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3341 cut, 70 percent of which will go to the REPUBLICAN WELFARE BILL PRO- children are better than strong bu- rich. Well, their philosophy is take MOTES FREEDOM AND REWARDS reaucracies. from the poor and give it to the rich. DETERMINATION f That is what they are proposing to do. (Mr. SAM JOHNSON of Texas asked We should reject this welfare reform and was given permission to address FURTHER MESSAGE FROM THE proposal and reject this reverse Robin the House for 1 minute and to revise SENATE Hood approach that the Republicans and extend his remarks.) A further message from the Senate are advocating. Mr. SAM JOHNSON of Texas. Mr. by Mr. Hallen, one of its Clerks, an- f Speaker, as my colleagues know, that nounced that the Senate had passed is exactly what is wrong here, the Fed- with amendments in which the concur- REPUBLICAN WELFARE REFORM eral Government in control. They want rence of the House is requested, a bill ENCOURAGES RESPONSIBILITIES to control our lives and every aspect of of the House of the following title: it. As my colleagues know, George (Mr. NORWOOD asked and was given H.R. 889. An act making emergency supple- Washington over there did not want mental appropriations and rescissions to pre- permission to address the House for 1 welfare, he did not want taxes. serve and enhance the military readiness of minute.) This week another historic debate is the Department of Defense for the fiscal year Mr. NORWOOD. Mr. Speaker, I rise going to begin; another 40-year-old bro- ending September 30, 1995, and for other pur- today in support of the Personal Re- ken welfare program will end. Today poses. sponsibility Act, because the current the Republicans are going to bring for- The message also announced that the welfare system has been an utter and ward a welfare bill that promotes free- Senate insists upon its amendments to complete failure. The welfare system dom, rewards determination, and es- the bill (H.R. 889) ‘‘An Act making encourages people toward three ex- tablishes self-esteem. Today mean-spir- emergency supplemental appropria- tremely harmful actions. First: Don’t ited Democrats, uncaring Democrats, tions and rescissions to preserve and get a job. Second: Don’t get married. will try to stop reform, cruel Demo- enhance the military readiness of the Third: Have children out of wedlock— crats now defending a system that pro- Department of Defense for the fiscal repeatedly. The current system sub- moted dependency, rewarded compla- year ending September 30, 1995, and for sidizes each of these behaviors with a cency, and established self-defeat. other purposes,’’ requests a conference check from the Federal Government. They are the ones defending big gov- with the House on the disagreeing Only the Federal Government could ernment. votes to the two Houses thereon, and have designed such a destructive sys- Mr. Speaker, that is why we believe appoints Mr. HATFIELD, Mr. STEVENS, tem. in our Constitution. We believe that Mr. COCHRAN, Mr. GRAMM, Mr. DOMEN- Mr. Speaker, this bill will make real States, not the Federal Government, ICI, Mr. MCCONNELL, Mr. GORTON, Mr. change in the system. It will change should be given the flexibility to de- SPECTER, Mr. BOND, Mr. BURNS, Mr. the incentives to encourage people to sign a program that will fix the prob- BYRD, Mr. INOUYE, Mr. JOHNSTON, Mr. get a job, get married, and be respon- lems that are unique to their commu- LEAHY, Mr. HARKIN, Mr. LAUTENBERG, sible in having children. All the while, nities. Ms. MIKULSKI, and Mr. REID to be the we will hear the cries from Democrats Mr. Speaker, let us not just talk conferees on the part of the Senate. who are so wrapped up in defending the about ending welfare as we know it. f morally bankrupt welfare system that Let us do it. Vote ‘‘yes’’ for America. they fail to see its destructive nature. Vote ‘‘yes’’ for welfare reform. COMMUNICATION FROM THE f f CLERK OF THE HOUSE WELFARE SLOWLY DESTROYS THE The SPEAKER pro tempore (Mr. b 1445 WILL TO PERSEVERE DOOLITTLE) laid before the House the following communication from the (Mr. HEFLEY asked and was given DEMOCRATS SEEK WELFARE RE- Clerk of the House of Representatives: permission to address the House for 1 FORM THAT MOVES PEOPLE HOUSE OF REPRESENTATIVES, INTO THE WORKFORCE minute.) Mr. HEFLEY. Mr. Speaker, the wel- OFFICE OF THE CLERK, Washington, DC, March 21, 1995. (Mr. FORD asked and was given per- fare system has been called a waste, it mission to address the House for 1 Hon. NEWT GINGRICH, has been called inefficient, it has been The Speaker, House of Representatives, Wash- minute and to revise and extend his re- called a destroyer of families, and it ington, DC. marks.) has even been compared with slavery. I DEAR MR. SPEAKER: Pursuant to the per- Mr. FORD. Mr. Speaker, I want to re- would argue that these criticisms are mission granted in Clause 5 of Rule III of the spond to my Republican colleagues by largely accurate. Rules of the U.S. House of Representatives, I saying that there is nothing in this To those who would defend the cur- have the honor to transmit a sealed envelop welfare reform package of a Personal rent welfare system, I challenge them received from the White House on Friday, Responsibility Act that says that we to go outside the Capitol Building and March 17, 1995 at 4:35 p.m. and said to con- are going to send people to work. What tain a message from the President whereby walk around the streets of the District he notifies the Congress of his intention to the Democrats have said all along in of Columbia or almost any major city designate the West Bank and Gaza Strip as a our debate in the subcommittee and in America. Here one can see the re- beneficiary for the purposes of the General- full committee is that we want to link sults of the welfare culture. Crime, cor- ized System of Preferences. welfare to work. We want people to be ruption, teenage pregnancy, children With great respect, I am able to work, and we want to have a without fathers, poverty, unemploy- Sincerely yours, program that will assist them and ment, and on and on it goes. In other ROBIN H. CARLE, move them into the workforce. I say to words, an almost complete breakdown Clerk, U.S. House of Representatives. my colleagues, ‘‘You punish children, of community. f and you are just plain mean to children The problems that the District and in this country, just for one purpose, other communities face are not be- EXTENSION OF GENERALIZED SYS- and that is to say to the wealthiest of cause too little money is being spent TEM OF PREFERENCES’ BENE- this Nation that we’re going to pass on welfare. They exist because welfare FITS TO THE WEST BANK AND you on a tax cut.’’ It is wrong in the creates a perverse set of incentives GAZA STRIP—MESSAGE FROM Personal Responsibility Act, for the that suffocate the dignity of work and THE PRESIDENT OF THE UNITED Republicans to bring it to this floor, to slowly destroy the will to persevere. STATES (H. DOC. NO. 104–47) be so cruel and to penalize children in Mr. Speaker, Republicans have prom- The SPEAKER pro tempore laid be- this Nation at a time that we ought to ised to not only reform welfare, but to fore the House the following message be trying to protect our children be- replace welfare. We are committed to from the President of the United cause they will be the next generation the belief that people are more impor- States, which was read and, together that will carry this Nation forward. tant than government and that strong with the accompanying papers, without H 3342 CONGRESSIONAL RECORD — HOUSE March 21, 1995 objection, referred to the Committee Emergency Economic Powers Act Europe, the Newly Independent on Ways and Means and ordered to be (IEEPA) (50 U.S.C. 1701 et seq.) to deal States (NIS) of the former Soviet printed: with the threat to the national secu- Union, the Pacific Rim, and China. To the Congress of the United States: rity, foreign policy, and economy of Licensing requirements were liber- I am writing to inform you of my in- the United States caused by the lapse alized for exports to Argentina, tent to designate the West Bank and of the Export Administration Act of South Korea, and Taiwan, respond- Gaza Strip as a beneficiary of the Gen- 1979, as amended (50 U.S.C. App. 2401 et ing in part to their adoption of im- eralized System of Preferences (GSP). seq.) and the system of controls main- proved export control procedures. The GSP program, which offers duty- tained under that Act. In that order, I continued in effect, to the extent per- AUSTRALIA GROUP free access to the U.S. market, was —The Department of Commerce is- originally authorized by the Trade Act mitted by law, the provisions of the Export Administration Act of 1979, as sued regulations to remove con- of 1974. trols on certain chemical weapon I have carefully considered the cri- amended, the Export Administration Regulations (15 C.F.R. 768 et seq.), and stabilizers that are not controlled teria identified in sections 501 and 502 by the Australia Group, a multilat- of the Trade Act of 1974. In light of the delegations of authority set forth in Executive Order No. 12002 of July 7, eral regime dedicated to stemming these criteria, I have determined that the proliferation of chemical and it is appropriate to extend GSP bene- 1977 (as amended by Executive Order No. 12755 of March 12, 1991), Executive biological weapons. This change be- fits to the West Bank and Gaza Strip. came effective October 19, 1994. In This notice is submitted in accord- Order No. 12214 of May 2, 1980, Execu- tive Order No. 12735 of November 16, that same regulatory action, the ance with section 502(a)(1) of the Trade Department also published a regu- Act of 1974. 1990 (subsequently revoked by Execu- tive Order No. 12938 of November 14, latory revision that reflects an WILLIAM J. CLINTON. Australia Group decision to adopt a THE WHITE HOUSE, March 17, 1995. 1994), and Executive Order No. 12851 of June 11, 1993. multi-tiered approach to control of f 2. I issued Executive Order No. 12924 certain mixtures containing chemi- ANNUAL REPORT OF THE NA- pursuant to the authority vested in me cal precursors. The new regulations TIONAL SCIENCE FOUNDATION as President by the Constitution and extend General License G–DEST FOR FISCAL YEAR 1993—MES- laws of the United States, including, treatment to certain categories of SAGE FROM THE PRESIDENT OF but not limited to, IEEPA. At that such mixtures. THE UNITED STATES time, I also submitted a report to the NUCLEAR SUPPLIERS GROUP (NSG) Congress pursuant to section 204(b) of The SPEAKER pro tempore laid be- —NSG members are examining the IEEPA (50 U.S.C. 1703(b)). Section 204 of fore the House the following message present dual-use nuclear control IEEPA requires follow-up reports, with from the President of the United list to both remove controls no respect to actions or changes, to be States, which was read and, together longer warranted and to rewrite submitted every 6 months. Addition- with the accompanying papers, without control language to better reflect ally, section 401(c) of the National objection, referred to the Committee nuclear proliferation concerns. A Emergencies Act (NEA) (50 U.S.C. 1601 on Science: major item for revision involves et seq.) requires that the President, To the Congress of the United States: machine tools, as the current lan- within 90 days after the end of each 6- guage was accepted on an interim In accordance with section 3(f) of the month period following a declaration basis until agreement on more spe- National Science Foundation Act of of a national emergency, report to the cific language could be reached. 1950, as amended (42 U.S.C. 1862(f)), I Congress on the total expenditures di- —The Department of Commerce has am pleased to transmit to you the An- rectly attributable to that declaration. implemented license denials for nual Report of the National Science This report, covering the 6-month pe- NSG-controlled items as part of the Foundation for Fiscal Year 1993. riod from August 19, 1994, to February ‘‘no-undercut’’ provision. Under The Foundation supports research 19, 1995, is submitted in compliance this provision, denial notifications and education in every State of the with these requirements. received from NSG member coun- Union. Its programs provide an inter- 3. Since the issuance of Executive tries obligate other member na- national science and technology link to Order No. 12924, the Department of tions not to approve similar trans- sustain cooperation and advance this Commerce has continued to administer actions until they have consulted Nation’s leadership role. and enforce the system of export con- with the notifying party, thus re- This report shows how the Founda- trols, including antiboycott provisions, ducing the possibilities for under- tion puts science and technology to contained in the Export Administra- cutting such denials. work for a sustainable future—for our tion Regulations. In administering economic, environmental, and national these controls, the Department has MISSILE TECHNOLOGY CONTROL REGIME (MTCR) security. acted under a policy of conforming ac- —Effective September 30, 1994, the WILLIAM J. CLINTON. tions under Executive Order No. 12924 Department of Commerce revised THE WHITE HOUSE, March 21, 1995. to those required under the Export Ad- the control language for MTCR f ministration Act, insofar as appro- items on the Commerce Control priate. List, based on the results of the REPORT ON DEVELOPMENTS RE- 4. Since my last report to the Con- last MTCR plenary. The revisions LATING TO THE INTERNATIONAL gress, there have been several signifi- reflect advances in technology and EMERGENCY ECONOMIC POWERS cant developments in the area of ex- clarifications agreed to multilater- ACT—MESSAGE FROM THE port controls: ally. PRESIDENT OF THE UNITED BILATERAL COOPERATION/TECHNICAL —On October 4, 1994, negotiations to STATES (H. DOC. NO. 104–48) ASSISTANCE resolve the 1993 sanctions imposed The SPEAKER pro tempore laid be- —As part of the Administration’s on China for MTCR violations in- fore the House the following message continuing effort to encourage volving missile-related trade with from the President of the United other countries to implement effec- Pakistan were successfully con- States; which was read and, together tive export controls to stem the cluded. The United States lifted the with the accompanying papers, without proliferation of weapons of mass Category II sanctions effective No- objection, referred to the Committee destruction, as well as certain sen- vember 1, in exchange for a Chinese on International Relations and ordered sitive technologies, the Depart- commitment not to export ground- to be printed: ment of Commerce and other agen- to-ground Category I missiles to To the Congress of the United States: cies conducted a range of discus- any destination. 1. On August 19, 1994, in Executive sions with a number of foreign —At the October 1994 Stockholm ple- Order No. 12924, I declared a national countries, including governments nary, the MTCR made public the emergency under the International in the Baltics, Central and Eastern fact of its ‘‘no-undercut’’ policy on March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3343 license denials. Under this multi- Angeles, agreed to a settlement of APPOINTMENT AS MEMBERS OF lateral arrangement, denial notifi- criminal and administrative REVIEW PANEL PURSUANT TO cations received from MTCR mem- charges arising from illegal export CLAUSE 7, RULE LI OF HOUSE bers are honored by other members activity in the mid-1980’s by its RULES for similar export license applica- Teledyne Wah Chang division, lo- The SPEAKER pro tempore laid be- tions. Such a coordinated approach cated in Albany, Oregon. The set- fore the House the following commu- enhances U.S. missile nonprolifera- tlement levied criminal fines and nication from the Honorable VIC FAZIO, tion goals and precludes other civil penalties on the firm totaling ranking minority member of the Com- member nations from approving $12.9 million and imposed a denial mittee on House Oversight: similar transactions without prior of export privileges on Teledyne consultation. HOUSE OF REPRESENTATIVES, Wah Chang. COMMITTEE ON HOUSE OVERSIGHT, MODIFICATIONS IN CONTROLS ON EMBARGOED Washington, DC, March 10, 1995. DESTINATIONS The settlement is the result of a 4- year investigation by the Office of Ex- Hon. NEWT GINGRICH, —Effective August 30, 1994, the De- Speaker, House of Representatives, Washington, partment of Commerce restricted port Enforcement and the U.S. Cus- DC the types of commodities eligible toms Service. United States Attorneys DEAR MR. SPEAKER: Pursuant to House for shipment to Cuba under the offices in Miami and Washington, D.C., rule 51, clause 7, I have appointed the Honor- provisions of General License coordinated the investigation. The in- able William J. Jefferson, and the Honorable GIFT. Only food, medicine, cloth- vestigation determined that during the Ed Pastor, to serve on the review panel es- mid-1980’s, Teledyne illegally exported tablished by the Rule for the 104th Congress. ing, and other human needs items Best Regards, are eligible for this general license. nearly 270 tons of zirconium that was VIC FAZIO, —The embargo against Haiti was lift- used to manufacture cluster bombs for Ranking Minority Member, ed on October 16, 1994. That embar- Iraq. Committee on House Oversight. go had been under the jurisdiction As part of the settlement, the De- f of the Department of the Treasury. partment restricted the export privi- Export license authority reverted leges of Teledyne’s Wah Chang divi- PROVIDING FOR CONSIDERATION to the Department of Commerce sion; the division will have all export OF H.R. 4, PERSONAL RESPON- upon the termination of the embar- privileges denied for 3 months, with the SIBILITY ACT OF 1995 go. remaining portion of the 3-year denial Mr. SOLOMON. Mr. Speaker, by di- REGULATORY REFORM period suspended. rection of the Committee on Rules, I —In February 1994, the Department —Storm Kheem Pleads Guilty to call up House Resolution 117 and ask of Commerce issued a Federal Reg- Nonproliferation and Sanctions for its immediate consideration. ister notice that invited public Violations: On January 27, Storm The Clerk read the resolution, as fol- comment on ways to improve the lows: Export Administration Regula- Kheem pled guilty in Brooklyn, H. RES. 117 tions. The project’s objective is ‘‘to New York, to charges that he vio- make the rules and procedures for lated export control regulations Resolved, That at any time after the adop- the control of exports simpler and barring U.S. persons from contrib- tion of this resolution the Speaker may, pur- uting to Iraq’s missile program. suant to clause 1(b) of rule XXIII, declare the easier to understand and apply.’’ House resolved into the Committee of the This project is not intended to be a Kheem arranged for the shipment Whole House on the state of the Union for vehicle to implement substantive of foreign-source ammonium per- consideration of the bill (H.R. 4) to restore change in the policies or procedures chlorate, a highly explosive chemi- the American family, reduce illegitimacy, of export administration, but rath- cal used in manufacturing rocket control welfare spending and reduce welfare er to make those policies and pro- fuel, from the People’s Republic of dependence. The first reading of the bill cedures simpler and clearer to the China to Iraq via Amman, Jordan, shall be dispensed with. General debate shall exporting community. Reformulat- be confined to the bill and the text of the bill without obtaining the required (H.R. 1214) to help children by reforming the ing and simplifying the Export Ad- validated license from the Depart- Nation’s welfare system to promote work, ministration Regulations is an im- ment of Commerce for arranging marriage, and personal responsibility, and portant priority, and significant the shipment. Kheem’s case rep- shall not exceed five hours, with two hours progress has been made over the resents the first conviction of a equally divided and controlled by the chair- last 6 months in working toward man and ranking minority member of the person for violating section 778.9 of completion of this comprehensive Committee on Ways and Means and three undertaking. the Export Administration Regula- hours equally divided among and controlled tions, which restricts proliferation- EXPORT ENFORCEMENT by the chairmen and ranking minority mem- related activities of ‘‘U.S. persons.’’ bers of the Committee on Economic and Edu- —Over the last 6 months, the Depart- cational Opportunities and the Committee ment of Commerce continued its Kheem also pled guilty to charges of violating the Iraqi Sanctions on Agriculture. After general debate the vigorous enforcement of the Export Committee of the Whole shall rise without Administration Act and the Export Regulations. motion. No further consideration of the bill Administration Regulations 5. The expenses incurred by the Fed- shall be in order except pursuant to a subse- through educational outreach, li- eral Government in the 6-month period quent order of the House. cense application screening, spot from August 19, 1994, to February 19, The SPEAKER pro tempore. The gen- checks, investigations, and enforce- 1995, that are directly attributable to tleman from New York [Mr. SOLOMON] ment actions. In the last 6 months, the exercise of authorities conferred by is recognized for 1 hour. these efforts resulted in civil pen- the declaration of a national emer- Mr. SOLOMON. Mr. Speaker, for pur- alties, denials of export privileges, gency with respect to export controls poses of debate only, I yield the cus- criminal fines, and imprisonment. were largely centered in the Depart- tomary 30 minutes to the gentleman Total fines amounted to over ment of Commerce, Bureau of Export from California [Mr. BEILENSON] pend- $12,289,000 in export control and Administration. Expenditures by the ing which I yield myself such time as I antiboycott compliance cases, in- Department of Commerce are antici- may consume. During consideration of cluding criminal fines of nearly pated to be $19,681,000 most of which this resolution, all time yielded is for $9,500,000 while 11 parties were de- represents program operating costs, the purpose of debate only. nied export privileges. wage and salary costs for Federal per- Mr. Speaker, I yield myself such time —Teledyne Fined $12.9 Million and a sonnel and overhead expenses. as I may consume. Teledyne Division Denied Export WILLIAM J. CLINTON. Mr. Speaker, House Resolution 117 is Privileges for Export Control Vio- a rule providing for general debate on THE WHITE HOUSE, March 21, 1995. lations: On January 26 and January H.R. 4, the Personal Responsibility Act 27, Teledyne Industries, Inc. of Los of 1995. H 3344 CONGRESSIONAL RECORD — HOUSE March 21, 1995 The rule provides 5 hours of general reform the welfare system has been Mr. BEILENSON. Mr. Speaker, I debate, with 2 hours allocated to the outrageous. yield myself such time as I may Committee on Ways and Means and 11⁄2 Mr. Speaker, H.R. 4 tackles some of consume. hours each to the Committee on Eco- the most difficult issues of our day di- Mr. Speaker, we support this first nomic and Educational Opportunities rectly and head-on. part of the rule providing for consider- and the Committee on Agriculture. The bill makes fiscal sense by con- ation of the Personal Responsibility Debate must be confined to the bill solidating numerous major programs Act. The 5 hours of general debate and the text of H.R. 1214, which the into block grants directly to the times it provides are essential for the Committee on Rules intends to make States, and that’s the way it should be. thorough deliberation that is required in order as original text for amend- Layers of bureaucracy in Washington for legislation as comprehensive and as ment purposes in a subsequent rule— will be made unnecessary. drastic as this. which we will put out of the Commit- The savings will be phenomenal—and b tee on Rules at about 5 p.m. this after- the States will maintain maximum 1500 noon. After general debate, the rule flexibility to help the poor in their As has been true of most of the ele- provides for the Committee of the areas, and they know how best to do it, ments of the Contract With America, Whole to rise without motion. not us inside the beltway. this legislation was hastily drafted and No further consideration of the bill The bill requires welfare recipients has been sent to the House without the shall be in order except by subsequent to work within 2 years, and bars re- benefit of thorough and public discus- order of the House. ceipt of benefits for more than 5 years. sion or debate. We hope these 5 hours Mr. Speaker, the Personal Respon- Reasonable restrictions are applied of debate will help clarify the con- sibility Act that the full House will to recipients on AFDC to encourage troversies surrounding this overhaul begin debating today is an extremely self-sufficiency; in other words, to stop not only of AFDC, the program most of complex and important piece of legisla- them from being second, and third and us think of when we talk about wel- tion. fourth generation beneficiaries of wel- fare, but also of the entire child wel- The House has considered this bill to fare. fare system, of disability benefits for date in a detailed and thorough man- Mr. Speaker, H.R. 4 makes badly children, and of all the major nutrition ner. needed reforms to the Federal food programs our Nation has provided for House Republicans promised a com- stamp program, to the Supplemental many years. prehensive reform of our Nation’s abys- Security Income program and family The Committee on Rules heard a full mal welfare system, and we have deliv- nutrition and child nutrition programs. day of testimony from Members of the ered. Mr. Speaker, as the House debates House, Democrats and Republicans H.R. 4 was introduced on January 4, welfare reform this week, the public alike, about the need for substantive 1995, the opening day of this session. should take note of which of these pro- changes in the legislation before us. Three House committees—Ways and posals honestly addresses the problems There was bipartisan support for Means, Economic and Educational Op- of poverty in the United States of changes in several parts of the bill, in- portunities, and Argiculture—held ex- America. cluding the paternity establishment tensive hearings on welfare reform. All Mr. Speaker, the American people section, which is so restrictive in na- three committees conducted gruelling will be asking, and Members had better ture that even if a mother fully cooper- marathon markups, often deliberating be asking ourselves, which alternative ates, she and her child could be pun- late into the night. defends the status quo. That is the ished by the denial of cash aid, if a Chairmen ARCHER, GOODLING, and question right here tonight, which al- State dragged its feet on establishing ROBERTS then merged their versions of ternative defends the status quo that paternity. the package into one new bill, H.R. 1214 has failed so miserably, and which al- There was also bipartisan support for before us now. The Committee on Rules ternative wrestles with the issues of il- amendments to strengthen the child intends to make this new bill in order legitimate births, welfare dependency, support enforcement section, and for as original text for amendment pur- child support enforcement, and putting amendments to provide more funding poses on the floor. low-income people back to work. for child care for welfare recipients so The committee is scheduled to meet Mr. Speaker, the Personal Respon- the mother is able to work or to get job at 5 p.m. this evening to report a rule sibility Act will prevail when scruti- training. providing for the amendment process nized in this manner. I ask my col- Unfortunately, the Personal Respon- for the bill. leagues to do this. During the recent sibility Act fails to deliver what the The Committee on Rules held a 71⁄2- debate on cutting spending I asked this American people want: A welfare sys- hour hearing on Thursday, March 16, House what is compassionate about tem that expects parents to work to and took testimony from no less than adding another trillion dollars to the support their families, but that also 60 witnesses. debt on the backs of our children and protects vulnerable children. Members on both sides of the aisle our grandchildren. Is that compas- We need to pass legislation that en- suggested constructive amendments sionate? The answer was no then. I ask sures parental responsibility while also and there was an excellent debate my colleagues today now what is com- protecting children, encourages State about the many issues the bill address- passionate about continuing failed wel- flexibility without totally abdicating es head-on. fare programs that encourage a second, Federal oversight, and protects tax- Mr. Speaker, to demonstrate the im- and third and fourth generation of wel- payer resources by applying fairness portance of this legislation to the fare dependency? I say to my col- and common sense. American public, the Republican lead- leagues, ‘‘You know, and I know, the Not only is the Personal Responsibil- ership has set aside an entire week on answer is ‘nothing.’ ’’ ity Act weak on work requirements, the House floor for consideration of Mr. Speaker, that is why we must not but it contains no requirement for edu- this bill. defend the status quo. We must make cation, training, and support services. If anyone should claim that this wel- the changes that are so necessary If we want poor parents to work, they fare reform legislation has been hasty today. We can do it by voting for this will need these services. They will need or ill-conceived, I would ask—‘‘Where bill. child care and transportation, for ex- was the welfare reform legislation Mr. Speaker, this rule was voted ample. when the Democrats held both Houses unanimously out of the Committee on The goals of the bill include prevent- of Congress and the White House?’’ Rules on Thursday afternoon on a bi- ing teen pregnancy and out-of-wedlock Mr. Speaker, we certainly do not partisan basis. The House is eager to births. Unfortunately and incredibly, have the time to recount the Presi- begin this debate. We should do it now family planning services, the key to re- dent’s many broken campaign prom- and get on with it. ducing out-of-wedlock births, the vast ises, but the Clinton administration’s Mr. Speaker, I reserve the balance of majority of which are unintended, are failure to make good on its pledge to my time. not even mentioned in this bill, which March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3345 does away with the 30-year-old require- holic has to admit that he has that for 8 years. We could not even get a ment that States offer family planning problem before we can ever do any- squeak out of him about making any services to all AFDC recipients. thing to help him or for him to help changes in that program. But during Meanwhile, in just the past decade himself to a recovery. It is true of any the Bush administration, in 1988 we the percentage of all children born in other drug addict. It is equally as true made substantial reforms to the wel- the United States out of wedlock has with the legislation we are dealing fare program and crafted in it the re- doubled, more than doubled, to 32 per- with today. quirement of work. But it was put in cent. Thirty-two percent of all the ba- So I would call on my colleagues to there in a workable manner so that if bies born in this country are born out listen carefully and participate intel- the woman needed a job and was able of wedlock, and there is nothing in this ligently. Let us not get up and give a to work and had to have child care be- so-called reform bill that even tries to lot rhetoric that has nothing to do cause she just could not leave her child deal with this enormous problem. with the facts. We know the facts. We or her infant at home unattended, she Mr. Speaker, for these reasons and know the facts of how we failed, and we could get that, or if she needed train- many others, the Personal Responsibil- know the facts of what it is we are try- ing, she could get that. So the myth ity Act requires the lengthy debate ing to do to see whether we can help that we in the Congress have done that this rule provides. We support the the most vulnerable in this country re- nothing except perpetuate this is, I rule and urge our colleagues to approve ceive a portion of the American dream hope, punctured. it so that we may proceed with consid- that we on the Federal level have de- Let us look at the bill before us. This eration of this important and con- nied them from receiving all of these is a cruel piece of legislation. It pun- troversial legislation today. years. ishes the children, the innocent chil- Mr. MCINNIS. Mr. Speaker, I yield Mr. BEILENSON. Mr. Speaker, for dren, because of the errors of their par- such time as he may consume to the the purpose of debate only, I yield 4 ent or parents. It punishes them not fine gentleman from Pennsylvania [Mr. minutes to the distinguished gen- just at birth but it punishes some for a GOODLING], the chairman of the com- tleman from Florida [Mr. GIBBONS], the lifetime, and certainly it punishes oth- mittee. ranking Democratic member of the ers through all of their childhood era. Mr. GOODLING. Mr. Speaker, I Committee on Ways and Means. It will deprive them of the basic neces- thank the gentleman for yielding time Mr. GIBBONS. Mr. Speaker, I thank sities for food, of clothing, of housing, to me. the gentleman from California [Mr. of education, of love. That is what this This is probably the most important BEILENSON]. bill does. debate and perhaps the most important Mr. Speaker, the first thing we There is a better way, a far better issue that we will face, perhaps during should do in starting the debate on as way, and we have put that forward. We my lifetime, certainly the most impor- serious a subject as this is to puncture will have alternatives for this program tant since I have been in the Congress the myths that surround this debate. on the floor here, but they will receive of the United States. The first myth I would like to puncture scant notice. They will have perhaps an What is at stake? Well, basically, is that the Democrats support the sta- hour or so of debate time, and then it what is at stake is this: What do we do tus quo. That is absolutely not true. will all be over. But this bill will never to free millions of Americans from the As recently as last year, I introduced become law. There is hope out there shackles that the Federal Government and held hearings on a very substantial that something sensible will become has placed them in? All of the pro- welfare reform program. Unfortu- law. grams were well meaning. Over the nately, it ran into a hurricane of Re- Mr. Speaker, let us get on with the years I sat behind several chairmen, publican filibuster, and it got nowhere. debate. one who used to say, ‘‘Bill, these pro- But it was not that we did not try. Mr. MCINNIS. Mr. Speaker, I yield grams just aren’t working the way we Second, the myth is that the Demo- myself such time as I may consume. had intended them.’’ And that is true. crats have held control of this since Mr. Speaker, of course, I take strong So year after year, generation after 1935 and we have done nothing except exception to the comments about the generation, we have enslaved these perpetuate poverty and the miseries of Republican filibuster in the last year. people, so, unless we make a change, welfare. There is no filibuster in the House of they will never have an opportunity to That is not so. In the Johnson and Representatives. Rather, it is the Re- get part of that American dream. That Kennedy eras, we made substantial re- publicans who are taking the bull by is destructive to them. That is destruc- forms in the welfare program, and we the horns. tive to our society and to our country. created such programs as Head Start Furthermore, as to the bill, the pun- Making changes is very, very dif- and Upward Bound and the Follow ishment to our children is, if we do ficult. Change is something that people Through Program and programs for aid nothing, if we maintain the status quo, fear, and that is true in no place worse to college-bound students and for those that is where the real punishment to than in the Congress of the United who should be bound for college but un- our children comes from. Frankly, I States. But if we do not change, then, fortunately could not go. think it is somewhat baloney when of course, we are going to continue to As recently as in the 1970’s, a Repub- they say this bill takes away love from enslave the very people we have sent lican President, President Nixon, sent children and will leave children out over $5 trillion to try to help. Year us a comprehensive welfare reform bill there hungry, and so on, and so forth. after year we will be doing this, and it that unfortunately we rejected. It I think that is political rhetoric, and is totally unfair to hose people in our came to us at a time when President we need to get beyond that to the meat society. Nixon was encumbered by the Water- of the bill. So it would be my hope that we get gate scandal, and the bill got polluted In that regard, Mr. Speaker, I yield 3 away from the rhetoric and pay a little in that environment. At that time, it is minutes to my good friend, the gen- attention to the facts and see whether important to note, the President sug- tleman from Florida, [Mr. GOSS]. we can do better than we have done in gested that we federalize welfare, that (Mr. GOSS asked and was given per- the past. I think those people that we we not dump it on the States as our mission to revise and extend his re- have tried to help are depending on us Republican colleagues would do today, marks.) to make that change. and that we take the entire respon- Mr. GOSS. Mr. Speaker, I thank the The first thing we have to do is sibility because he thought, and I distinguished gentleman from Colorado admit that we failed. That should not think, that every child is a citizen of [Mr. MCINNIS], a new and hard-working be so difficult. It does not matter the United States and every child member of the Committee on Rules, for which side of the aisle we sit on. Just should have a government that cares yielding me this time. passing more programs and more pro- for him in a humane way. That was the Mr. Speaker, we are today indeed grams and adding more money and thought of President Nixon, and we un- launching a very historic debate on more money has not worked. It has dis- fortunately did not adopt it. welfare reform, as Chairman GOODLING advantaged the disadvantaged. So it is Well, as we all know, Reagan was has outlined. We are going to be strug- time to make that change. An alco- elected in 1980, and so we did nothing gling with some of the most vexing and H 3346 CONGRESSIONAL RECORD — HOUSE March 21, 1995 challenging issues of our time that lars over the next 5 years, we have think we tried to fashion legislation confront our country and, more impor- managed to increase spending for im- and we tried to get Republicans to tantly, confront the people of our coun- portant programs like WIC and school come around. try. lunches, despite the rhetoric to the But even if you think not, I would One thing is very, very clear: In this contrary we keep hearing, and we have say to the Republicans that it is a time most important comprehensive reform changed the carrots and sticks to move that what we all want to accomplish in on welfare programs that we have ever people off welfare roles and on to pay- this is to try to make sure that we attempted in the House, there is no ul- rolls. move people off welfare into the pri- timate wisdom. There are going to be Mr. Speaker, I spent a good deal of vate sector workplace, if possible. That disagreements. time this weekend meeting with people is what we all want to accomplish in No one has all the answers, and it is in southwest Florida in my district this welfare reform bill, and the Per- likely that we will not get it exactly who are right on the front lines, people sonal Responsibility Act, it does not right on all fronts the first time we go working within the current system address that. through this, but we have got to start who know the issues, who have the ex- The work requirements are such that because we owe it to our children and pertise to redflag possible problems people can just roll off of welfare, move others in need to make the best pos- with this reform. And there are some into no jobs at all, and therefore, under sible attempt to fix what is broken. serious and legitimate concerns, espe- And what is broken is the system that cially about the block grant approach your work requirements, that will be we have now. It is clearly broken, and and the potential for abuse and unfair counted. We have not placed people in it is failing. Doing nothing is not the distribution of funds within States. the workplace. We have not identified right answer. We have to make sure we build this a link between welfare to work at all. As the gentleman from Colorado [Mr. into the block grant approach, some I think Democrats have said all along MCINNIS] said and as many others are kind of safeguard to make sure dollars that we want work first. going to say, doing nothing only leads flow to the areas where they are most If Republicans, we could sit down to more grief for more Americans, be- needed. And I support that. That is just with Chairman SHAW and others and do cause we can see that we are running one area that we need to explore that. But just look at one thing. When out of money and we can see that we through this process. we reported this bill, the formula has are not succeeding in what we are try- But we have so many opportunities changed four times on the allocation of ing to do. to make improvements and do things the $15.4 billion. We see now that under This rule allows 5 hours of general better. I sat at a Headstart luncheon the changes that have been made from debate to get the process started, and I yesterday with youngsters in the pre- what we reported from the subcommit- look forward to a truly deliberative kindergarten and kindergarten pro- tee, we see Speaker GINGRICH’S State of and productive process, bringing to- gram. This is a program that works. Georgia gained $45 million in the back gether the best judgments of every We are keeping it. We make sure it is rooms of the Committee on Rules. His Member of this institution. funded. State is picking up an additional $45 But first, let us review the facts. Mr. The things that work, we are trying million. We see that those same private Speaker, in the early 1970’s the United to save. It is the things that do not deals reduced California’s block grant States declared war on poverty. That work we are trying to excise and re- funding over a 5 year period by $670 was the cry, and despite the best inten- place with something better. I think million. In every public discussion on tions and $5 trillion of taxpayer funds, the authors of our proposal have done we just about have to say that we lost this subcommittee, it was very clear yeoman’s work in bringing us to this that California’s share was higher. the war, that it is time to surrender point. Obviously, it is not a finished and do something different. Illegit- Look at the other ways under the product, but it is a place worthy of be- Committee on Rules, in the back room imacy rates and welfare rolls continue ginning debate. Let the debate begin to soar and as everybody knows, more of the Committee on Rules, we see New and support the rule. people live in poverty today than when York will take a hit of $275 million. Mr. BEILENSON. Mr. Speaker, for we started the war and before we spent But we see the gentleman from Texas purposes of debate only, I yield 3 min- the $5 trillion. [Mr. ARCHER] took care of himself. He utes to the distinguished gentleman added an additional $20 million in the b 1515 from Tennessee [Mr. FORD]. back room of the Committee on Rules. Worse still, the current system hurt Mr. FORD. Mr. Speaker, I thank the Not the subcommittee, not the full some of the very people it was intended ranking minority member of the Com- committee, but in the back room of the to help. The Republican welfare reform mittee on Rules. Committee on Rules. Mr. Speaker, I support the rule for bill focus on three important things. Mr. Speaker, I think it is very clear the 5 hours of general debate on the First, it consolidates programs to min- that we are in the protecting the chil- Personal Responsibility Act of the wel- imize bureaucracy, fraud, and hope- dren of this country. We see the first fare bill, but I must rise in strong op- fully gets rid of some of the waste we State allocation of allocation formula position once again to the Personal Re- have got, in order to ensure that our fi- being changed, just in back room deal- sponsibility Act because when we see nite resources, and they are increas- ings by the Republicans. You too are ingly finite, reach those who truly need how cruel this particular bill would be to children in this country, and Repub- ashamed of this bill you are bringing to the help. In other words, we are not the House floor today. going to deal with the marginal cases. licans are saying that Democrats real- Mr. MCINNIS. Mr. Speaker, I yield We are going to deal with the needy. ly do not want a welfare bill, that they myself such time as I may consume. Second, the Republican plan is legis- have had all of these years in order to Mr. Speaker, while I am a little baf- lation that allows States the flexibility pass one. But I have chaired this sub- to enact programs that are best suited committee for many, many years, and fled by the gentleman from Tennessee’s to their individual needs while at the we have tried to work with the Repub- allegations about the back room drafts same time providing accountability at licans in the past to structure a wel- on this, the rule has not even been re- the local level. It is not exactly the fare reform system that would respond ported. The Committee on Rules meets same in New York City as it is in Alas- to the human needs of people in this at 5 o’clock. I invite you to come up ka, Florida, or someplace in the Mid- country. and see about the back room thing. west. We need that flexibility. I think when we see the Family Sup- There is going to be media there. There Finally, the bill does away with port Act of 1988, which was brought on is no back room drafting. many of the destructive disincentives by the Democrats, or we have seen cer- Mr. Speaker, I yield 5 minutes to the that have helped to perpetuate genera- tain things put in place, and even gentleman from Delaware [Mr. CAS- tions of dependency, and we all know under the Clinton administration, TLE]. that. when he was elected President and he Mr. CASTLE. Mr. Speaker, I thank Although this bill is estimated to campaigned on the fact that we wanted the gentleman from Colorado for yield- save taxpayers tens of billions of dol- to end welfare as we know it, and I ing. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3347 Mr. Speaker, I would like to discuss This bill does represent fundamental tually make progress for many people this bill. I am in support of the rule and dramatic change. We are going to in America. which we have before us. I do disagree have to talk about it. In its best light I look upon this in an optimistic with those who would say that this bill this bill could provide opportunity for sense, not in the pessimistic sense that is cruel, and I would hope that our de- those who have none. Democrats and this is a bill to suppress people. I real- bate through the general debate and Republicans, all agree by removing ize there is a different point of view on through the amendment process which welfare recipients into work we can that. But I hope we listen to each other we are going to undertake will be one help place welfare recipients on the and balance this and carry it out before which is constructive. Because maybe road to self-sufficiency, opportunity, the week has ended and we actually this is not the final bill, and I think and hope for their future, where cur- can adopt a piece of legislation that all there are some very good ideas. Lord rently frankly there is none. And this of us can be very proud of. only knows there are a lot of people is not mean-spirited Republican philos- Mr. BEILENSON. Mr. Speaker, for here who have worked in this particu- ophy, but American values. purposes of debate only, I yield 5 min- lar area, and we need to work with Mr. SHAW. Mr. Speaker, will the utes to the distinguished gentleman them as well. gentleman yield? from Michigan [Mr. LEVIN]. But welfare as we know it today has Mr. CASTLE. I yield to the gen- (Mr. LEVIN asked and was given per- basically continued people in poverty. tleman from Florida. mission to revise and extend his re- There has been a sense of hopelessness Mr. SHAW. Mr. Speaker, I would like marks.) attached to it. No real opportunity to to mention to the gentleman, you have Mr. FORD. Mr. Speaker, will the gen- leave or really to improve your life un- not only been a tremendous and a very tleman yield? less you are so self-motivated you can valuable member of the team which Mr. LEVIN. I yield to the gentleman do so. Frankly, it has been has been working over the last year to from Tennessee. generational to some degree. craft the bill and to get us where we Mr. FORD. Mr. Speaker, I would like In Delaware, we put together a pro- are today, but your model, the Dela- to thank my colleague who is in the gram in 1987 under a blueprint for ware model, which is continuing now well now, one who has worked on the change and it became one of the model under the present Governor, but from Subcommittee on Human Resources of States for the Family Support Act of the Committee on Ways and Means and the seeds that you planted in Delaware, 1988. We developed an employment and one who has been in the forefront of you have set the pattern, as a few other training program to target the needs of the work component of the Democratic Governors have in this country, in hard-to-employ long-term welfare cli- piece for welfare recipients in this what welfare should be, and taking it ent. We developed a case management country. I thank our colleague from from a program of dependence to a pro- approach to service delivery. We raised Michigan, who has worked so hard with gram promoting independence. I would the case assistance standard of need to the full committee ranking member just like to compliment the gentleman bring benefits in line with neighboring and the ranking member of the sub- in the well for the great work he has States or the national average, and we committee. So I just wanted to first done as a Governor and a Member of developed indigent medical care pro- commend the gentleman. this House in reforming this very dif- grams and other programs to help peo- I want to refer to my colleague from ple off of welfare. ficult task of reforming welfare as we Colorado by saying what I am really The statistics are interesting on know it today. afraid of in all of this is if the formula that. Since 1986, over 5,600 clients have Mr. CASTLE. Mr. Speaker, I thank allocation was changed four times from benefited, with 2,779, and that is about the distinguished chairman for his the subcommittee, what bothers me is one-half, of course, working full-time compliments, unsolicited, I might add. what the gentleman from Delaware I might just say with respect to that, I and 2,075 leaving welfare all together. [Mr. CASTLE] talked about earlier. Additionally, child care for families think we as Republicans have a respon- Surely, I want to say we Democrats and work education and training has sibility to make sure as we monitor want to work with the Republicans, been increased substantially. We dealt this bill to make absolutely positive talk this out, work it out, craft a wel- with the problem in the State of Dela- that the kinds of programs we want are fare reform package that will put peo- ware, and I was pleased to be able to be being put into place in the States, with ple to work and put work first. But the Governor during that period of the child care, the training, the edu- what we do not want to do is to see time, and I think we dealt with it suc- cation which is necessary; that we when we go back to the Committee on cessfully. make sure there is no hardship, and we Rules that we are going to continue to Now we look at this program and we are trying to do something about rainy bring a bill to this floor that will con- look at what we have. We are going to day funds. But that we give people that stantly change in the allocation for- have a lot of rhetoric about it. The opportunity. mula, and other things that will truth of the matter is the President of I think that is what this is all about. change in this bill, that we did not re- the United States of America, a good I think there has been some misrepre- port out of the full Committee on Ways proposal by the gentleman from Geor- sentation, all the way from the food and Means. It was a bad bill that we re- gia [Mr. DEAL], which we are going to nutrition programs, which has been I ported out. It is tough on kids, it is hear about, and this bill are not as dif- think misrepresented as to its poten- cruel to kids in America, and I think ferent from each other as we are prob- tial growth, through a lot of other we have to continue to discuss this. ably going to hear about. things that are happening. The Personal Responsibility Act is a They essentially call for an end of I would hope, Mr. Speaker, as this bad bill for kids in America. welfare at some period of time for all day wears on and as the next few days Mr. LEVIN. Mr. Speaker, let me just families. They all call for work after a wear on, that that story comes out. If talk about welfare reform for a few couple of years so people would have to there are amendments we should adopt, minutes. go to work. It is a big-bang solution to so be it, we should adopt them. But Look, the status quo is dead. The solving the problems of welfare. when it is all said and done, I hope we only issue is what is going to replace The Republican bill does call for will have a welfare system in place in the present welfare system, and here is block grants and gives more State this country that will allow people to the quandary before the Committee on flexibility. But today the House does look at it and know this is giving us rules. We have only a partial rule, but begin consideration of some very im- hope, it is giving us sustenance, it is they are faced with a bill that is ex- portant changes in our Personal Re- going to carry us through, we are going treme. It is extreme. sponsibility Act and a dialogue with to be able to take care of our families, The school lunch program was just the American people and our welfare but at some point we are going to have the tip of the iceberg. Then over the recipients on replacing that failed wel- the hope to be able to grow through it, weekend we heard complaints about fare system with one based on work, to be able to be employed, if one is em- the provisions on mothers under 18, individual responsibility, family, hope, ployable, and take care of those who kids being punished if they are mothers and opportunity. are not employable, and be able to ac- under 18, or if they are the second kid H 3348 CONGRESSIONAL RECORD — HOUSE March 21, 1995 in the family, forever. Well, now there In the 16th district of Illinois, which country. That is what the Republicans seems to be kind of a retreat from that I represent, Project Prosper is enjoying are eager to do. extreme provision. fantastic success and job training and The first fundamental flaw of this Then we also heard over the weekend placement of their welfare recipients, bill is that H.R. 4 ignores the very about day-care. The troops are a little and Project Prosper uses no Federal basic reason that most Americans be- restless over there on the Republican funds. Why? Because the developers of come welfare recipients and stay on side with the extreme provision. We that project work day to day with the welfare. They cannot find jobs. There had urged in committee and sub- welfare recipients and are able to con- are very few low-skill, entry-level jobs committee, make welfare reform work, centrate on individual needs of particu- nowadays that pay a living wage, but have day-care. Now maybe you are be- lar circumstances. instead of improving our job training ginning to get the message. I stand firm with my colleagues here program or increasing the minimum The trouble is that you have many in Washington, my constituents back wage, or providing affordable child care other extreme provisions in your bill. home and many people across the na- or creating jobs or offering a possible For example, there is no linkage of tion in my conviction that the States alternative to poverty, this bill, which welfare to work. States can meet the are in a much better position to create is a hatchet act, punishes Americans participation requirements simply by and operate welfare programs that best for being poor. This bill fails to create knocking people off the rolls. Period. suit their constituencies. These local a single job and still creates a whole There is not one more dollar, in fact programs provide the necessary incen- there are dollars less, for work to give tives that move the welfare recipients list of reasons to cut Americans and States the ability to link welfare with in the direction of financial independ- their kids off the welfare rolls. work. ence. This cut and slash bill guts our cur- SSI, there is a potential of knocking The welfare reform debate continues, rent system of a safety net for the 700,000 kids off the SSI rolls. There is and it is important to keep in mind needy by carrying a bad idea to the far some abuse in the program, but do not that since 1965, when it first began, the extreme. It just wipes out the critical punish truly handicapped children be- Federal program has spent a total of $5 entitlement status of most of our cur- cause of the abuse of some families. trillion. For cash welfare programs rent systems and replaces them with alone, the Federal Government has State block grants and Federal funds b 1530 spent $1.3 trillion; for medical pro- with no strings attached. Anybody in That is harsh. Foster care, we put a grams, $1.8 trillion; for food programs, the State could do whatever they want- provision in the bill so you could not $545 billion; and for housing assistance, ed to with these things. There are divert moneys from foster care to some nearly $1⁄2 trillion dollars. With all the major problems with completely abol- other program and you delete that. money plowed into the programs, what ishing the Federal Government’s most Legal immigrants, this bill takes bil- do we have? The same poverty rate in successful programs, such as the lions and billions, about $15 billion 1966 as we do today, 14 percent. School Lunch Program, the Breakfast under some estimates, in terms of ben- We want to change the system, give Program, the WIC Program and so efits from legal immigrants. There children of this country an opportunity forth, and putting them into State needs to be reform, but there does not and incentive to enjoy the American funds that are already inadequate or need to be a drastic, drastic kind of dream, to get off the welfare system, to will be inadequate because they are al- measure here. know what the free enterprise system ready going to be cut and monitoring The bill that was presented by the is about. That is the purpose of H.R. 4, or establishing no kind of quality gentleman from Georgia [Mr. DEAL] to imbue that sense of personal respon- standards or no kind of monitoring and the gentleman from Texas [Mr. sibility back into the welfare system. standards by which the States can be STENHOLM], unlike the GOP bill, in my Mr. BEILENSON. Mr. Speaker, for held accountable. judgment has attempted to face these purposes of debate only, I yield 5 min- issues fairly and squarely. When it was Let us take the School Lunch Pro- utes to the distinguished gentlewoman gram. I mentioned earlier today that I urged that they fell short, their spon- from Illinois [Mrs. COLLINS], the rank- had gone to the Henry Suder School in sors had an open mind, rather than a ing minority member on the Commit- my district. In that school, 488 kids out deaf ear. The Republicans, in contrast, tee on Government Reform and Over- of 501 are on the School Nutrition Pro- have it backwards. Weak on work and sight. gram. I see some of my Members on the tough on kids. (Mrs. COLLINS of Illinois asked and other side of the aisle laughing. The only hope for a bipartisan re- was given permission to revise and ex- sponse now is to set aside this bill and tend her remarks.) I ask this question, how many of see if we can put together one that will Mrs. COLLINS of Illinois. Mr. Speak- them have ever been hungry? How truly put into effect workable welfare er, I rise in support of the rule and 5 many of them have ever known what it reform. We owe it to our constituents hours of general debate. was not to have a meal? How many of to do that. The bill before us miserably Mr. Speaker, if Attila the Hun were them have ever known what it was not fails. alive today and elected to Congress, he to have decent shoes, decent clothing, We Democrats stand ready to work would be delighted with this bill that is a nice place to live? I will bet most of with you. The problem is, you have before us today and proud to cast his them have had a nice room of their been totally unwilling to work with us. vote for it. H.R. 4, the Personal Re- own, not shared with any brothers or Mr. MCINNIS. Mr. Speaker, I yield 2 sponsibility Act is the most callous, sisters, maybe five or six, have always minutes to the gentleman from Illinois coldhearted, and mean-spirited attack been able to get their shoes if they [Mr. MANZULLO]. on this country’s children that I have wanted, the clothing that they wanted, Mr. MANZULLO. Mr. Speaker, I want ever seen in my life. food that they needed, et cetera. They to take this time to commend my col- You know, I cannot help but wonder do not know about poverty. leagues for working so hard to develop how that could be? How people could be So I challenge them to come to the a welfare reform proposal which takes so insensitive to the needs of kids. Seventh Congressional District of Illi- great steps in reforming the welfare Now, this bill is touted as welfare re- nois, in my district, and walk in the system. I support H.R. 4 for many rea- form. It is intended to move Americans path of these children that they are sons. out of the welfare system. Well, if cutting off on welfare. Walk in the One of the main reasons is that H.R. throwing children and low-income peo- path of the truly needy people who live 4 reforms the welfare system by provid- ple in the streets is reforming the sys- by welfare because they have no other ing incentives that move people off tem, then I guess this bill succeeds at means by which to live. Not everybody welfare into work. Many States have what it purports to do. stays on welfare eternally. We all know already developed welfare to work pro- What the bill really succeeds in doing that. Some people do get off. Occasion- grams that have experienced high suc- is something that is not discussed. It ally people get off of welfare because cess rates, my State of Illinois in- creates $69.4 billion in savings to pay they do find a job, because they are cluded. for tax cuts for the rich folk of this able to get a GED, because they are March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3349 able to get their education. And it hap- than a complete overhaul. It traps re- and that the Republican welfare bill is pens more than once. It happens time cipients in poverty, it denies them op- going to pass. and time again. portunity and it has directly contrib- I urge my colleagues to support H.R. There are some people, of course, who uted to the moral breakdown of the 4 and to help end welfare as we know have been on welfare for a long period family. it. of time, but that is not the norm. And It is time to end welfare as we know b we all know it is not the norm, and it. 1545 why we stand here and say that it is Recent Federal attempts to reform Mr. BEILENSON. Mr. Speaker, for does not make any sense at all to me. welfare have gone absolutely nowhere. purposes of debate only, I yield 5 min- Let me tell you, I have to wonder So the Republican welfare bill takes utes to the gentleman from Georgia when I see young bright kids who have the logical step of giving more author- [Mr. DEAL]. every opportunity to learn in this ity to the States so that they can Mr. DEAL of Georgia. I thank the country but who are not able to do so shape effective programs that really gentleman for yielding me the time. because they live in hunger, because work. First of all, I would like to thank the they live in poverty, because they have Everyone acknowledges that the Committee on Rules on both sides of no real life, no real life, if you will, States have taken the lead in propos- the aisle and their staff for allowing a that we are accustomed to denied the ing bold changes to welfare. The real substitute that I have proposed to be opportunity to live to be full Ameri- innovation in welfare has been going considered and hopefully we will have cans because of their lifestyle, because on in the State capitals, not in Wash- the opportunity to debate that and pro- of what they do not have, because of ington. ceed with determining where we stand the things that are not given to them, The Republican bill acknowledges on this issue. because of the enrichment programs this by taking away power from Wash- Mr. Speaker, I think it is somewhat that we send our kids to but that they ington bureaucrats and giving it to ironic that we come here to discuss a do not happen to have because they are local officials who actually have to system that we call well-fair. Rec- poor and because they are on welfare. I make assistance programs work on a ognizing that my comments are a play dread to think of the time when a child day-to-day basis. on the phonetic pronunciation of that of mine or yours, in fact, would be de- This is a practical solution to a prac- word rather than its literal spelling, nied an opportunity to feed your grand- tical problem. nevertheless I would suggest that it is child or my grandchild or anybody Mr. Speaker, President Clinton and a system which is neither well nor fair. else’s because they have not been able the Democrats in Congress had their It is not well in that it has placed actu- to find a job, because they have been chance to reform welfare and did noth- ally a plague on our society that has laid off from their job for a small pe- ing. Talk about cruelty to children. In condemned many generations to repeat riod of time, a short time. 1992, the President campaigned hard on and to fall into its prey. It is certainly These are the things that we are a promise to end welfare as we know it. not fair, in that it does not reward talking about today. We are not talk- But it was not until last June that we work. In many cases it does exactly the ing about welfare forever. We are talk- finally saw his proposal, and then the opposite. But I would concur with the ing about welfare as a gap, a bridge, a Democratic Congress sat on it and comments of our colleague on the bridge over troubled waters. every other welfare reform bill. It did other side of the aisle, the gentleman If you have never been there, do not nothing to change the status quo. from Pennsylvania [Mr. GOODLING], knock it. You might drown. Now the Democrats are still talking earlier today in which he said that we Mr. MCINNIS. Mr. Speaker, I yield a pretty good game, and in the next do not need to spend our time with myself 20 seconds. couple of days they are going to com- rhetoric discussing the failures of the Mr. Speaker, as to the gentlewoman’s plain a lot about the Republican pro- current system. I do not come here to comments from the State of Florida, I posal. justify the status quo. I come here to take strong exception to her comments But the fact is that it is the Repub- change it. Our efforts in this debate that there is laughter on this side of licans who are moving ahead and re- should be focused on how do we best the aisle. While we may disagree with forming welfare. If it was not for the change the current system to secure her point, her comments are taken Contract With America and the No- for ourselves and for our constituency with respect. vember 8th electoral earthquake, I am the kind of system that is humane, the I rather suspect that her comment sure that we wouldn’t be having this kind of system that rewards work, and about laughter was probably written debate today. a system that moves people out of this into her speech. The Members on the other side of the cycle of welfare. Mr. Speaker, I yield 4 minutes and 30 aisle had their chance on this issue and I have offered as I indicated a sub- seconds to the gentleman from Ken- they dropped the ball. And now that stitute that is the work of many of my tucky [Mr. BUNNING]. they are behind the curve, they are re- colleagues that has grown out over a 2- (Mr. BUNNING of Kentucky, asked sorting to distortions and false attacks year period. We will propose this sub- and was given permission to revise and like the bogus charge that the Repub- stitute and I would briefly like to ad- extend his remarks.) lican welfare bill cuts funding to the dress some of the areas that I think its Mr. BUNNING of Kentucky. Mr. Student Lunch Program. strengths are embodied in it. Speaker, I rise in strong support of the By now, everyone on Capitol Hill First of all is that we emphasize Republican welfare reform bill. should know that this bill increases work. We think that work should pay. Our welfare system has failed us. Ev- funding for child nutrition programs by That the only true way to break wel- erybody agrees on that. Since Presi- 4.5 percent per year for the next 5 fare is to put people into work. But we dent Johnson launched the War on years, and increases WIC spending by recognize that for many mothers with Poverty in the 1960’s, America has 3.8 percent per year over the same pe- dependent children that there are two spend over $5 trillion on welfare pro- riod. critical ingredients that are presently grams. But the cold, hard fact is that since disincentives that we need to change But, over the last 30 years, the pov- Republicans have stepped up to the into incentives. First of all, they need erty level has actually increased, and plate on welfare reform, the Demo- child care. Second, they need to make America’s poor are no better off now cratic leadership’s only response has sure that by going to work, most of than they were then. been to respond with misleading, par- which will be at low-paying jobs, that When you spend $5 trillion on any- tisan attacks like the school lunch they do not lose health care coverage thing, you are bound to get something issue since they were unable to pass for their children. Our bill signifi- back. And there have been some cases welfare reform when they had the cantly addresses both of these. where people on welfare managed to chance. First of all, CBO has estimated that climb out of poverty. Mr. Speaker, it is time to move past if we truly wish to move people out of But, as a whole, the welfare system all of this and face the fact that the welfare and into work, that the cost for that we have now deserves nothing less time for real welfare reform has come, child care alone will be increased by H 3350 CONGRESSIONAL RECORD — HOUSE March 21, 1995 approximately $6.2 billion. We provide think there are enough changes in cer- sponsibility. What they end up doing the funding in our proposal for doing tain areas that we all know need not only is not supporting their chil- that. We also consolidate our child care changes. dren but also with their irresponsibil- programs into one particular and sin- The American people want people ity requiring that these kids stay on gle program. who are on welfare and can work to welfare. Not only that, Mr. Speaker, Second, we recognize that we need an work. They want more responsibility but they also end up requiring that the additional year of transitional Medic- for the individual. They definitely Government take responsibility as the aid so that these mothers will not lose want to strengthen the family, and parent for these children. all health care benefits for their chil- they want to protect children. I support this rule because I think we dren. We likewise recognize that if you When I look at this bill that we are need to have open debate on this issue. are going to move into the work force, going to have in front of us by the ma- Title VII is the child support enforce- you must have training. We have a 2- jority, some of these things are being ment part of this bill. The plan that we year time period for a work first pro- done, but some are very definitely not. have put before the Congress and will gram. We make those programs truly I listened to the gentleman from Dela- be debating in the next few weeks re- tailored to the needs of citizens who ware [Mr. CASTLE] asking us to listen quires a Federal parent locator service are going to be trained to go into the to each other. We have a rule in front to be set up at the Federal level that work force. At the end of that 2-year of us today that is only partial. There will allow the States to access informa- period if an individual has not found a was something like 130 amendments tion and locate where those parents are job in the private sector, States will upstairs at the Committee on Rules. I to make them pay up. I think it is very have two options. One is a private am convinced we can make some good responsible, Mr. Speaker. A lot of the voucher that can be taken to a private changes. The gentleman from Florida information in this title VII has come employer to be used if they hire a wel- [Mr. SHAW], the chairman of the sub- from work between the parties. So this fare recipient. Second is to place them committee that did welfare, accepted can be our bipartisan core of this bill in a community service program where child support enforcement as part of that we all agree on to force these par- they can likewise learn job skills and welfare reform, and that was a very ents who have given up all responsibil- later move into the private sector mar- good move. So I would hope that before ity for their supporting their flesh and ket. we finish we could accept amendments, blood children to get back in the sys- Another important distinction is that could make this a better bill. We tem and keep these kids off welfare. that we think we can pay for a change need to improve the work section so That to me, the ultimate cruelty is of the welfare system within the wel- that it helps people really go from wel- something we can take care of in sup- fare system itself and we do not need fare to work. We should accept amend- porting this bill this week. to reach outside into nutrition pro- ments so we really protect children. To Mr. BEILENSON. Mr. Speaker, for grams, and we do not. take away the minimum standards for purposes of debate only, I yield 3 min- We also in the process of doing this safety, Federal standards for children utes to the gentlewoman from Arkan- cut the programs by about $25 billion is absolutely wrong. We know in our sas [Mrs. LINCOLN]. within the welfare system. We spend own States, every State, these systems (Mrs. LINCOLN asked and was given $15 billion of that making the changes are overburdened, we need this last permission to revise and extend her re- for additional child care and additional safety net for abused children, Federal marks.) training, with a net of approximately oversight. So I would hope that as we Mrs. LINCOLN. Mr. Speaker, today $10 billion which will be used for deficit look at this bill now, as we talk about we will prove to Arkansans and to all reduction, and our proposal will be the the rule, that as the day goes on, we Americans that we have heard their only plan that will apply the savings to have improvements we can all agree frustrations and are finally prepared to deficit reduction. on. take action on welfare reform. Since I As I said, we do not tamper with the When I say they are not dramatic, let came to Congress in 1993, I have talked children and elderly and WIC food pro- me tell you block grants are not dra- almost daily with constituents who are grams. We think that they are working matic. What they do is take everything tired of sending their tax dollars to and that they are working well and do together, send it back to the States Washington to give people something not need to be brought into this net. and say, ‘‘Now it’s your problem.’’ I for nothing. I join the people of the We do strengthen child support en- think we can do better and I hope as First District of Arkansas today in en- forcement provisions. Currently it is the process goes on in the next couple thusiastically saying, ‘‘It’s about time estimated there are about $48 billion in of days we will. for welfare reform.’’ child support payments out there, only Mr. MCINNIS. Mr. Speaker, I yield 2 It has all been said, just everyone has $14 billion of which are actually col- minutes to my good friend, the gentle- not said it, but I will say it again here lected. We have a very tough provision woman from Washington [Ms. DUNN]. today. Welfare was intended to be a for a registry for enforcing child sup- Ms. DUNN of Washington. I thank safety net for widows and children, but port. We likewise recognize that teen the gentleman for yielding me the it has become a hammock that has en- pregnancy is a big problem. We devote time. couraged laziness and idleness. Less much of our attention to that. We Mr. Speaker, I am very tired of hear- than 12 percent of the people who re- think it is an issue that we should not ing the Democrats talk about cruelty ceive welfare benefits today are actu- mandate but give States the flexibil- to children. I think we have got to get ally working and that is why we focus ity. squared away on just where this debate our intentions on work. Mr. MCINNIS. Mr. Speaker, I reserve is going. We have been paying the other 88 per- the balance of my time. I will tell you, Mr. Speaker, that cent to sit at home and watch their Mr. BEILENSON. Mr. Speaker, for what I consider cruelty to children is mailboxes. The Federal Government purposes of debate only, I yield 2 min- that $34 billion owed to these children has been making bigger promises than utes to the gentlewoman from Con- by deadbeat parents, who have not paid Publishers Clearinghouse. But after necticut [Mrs. KENNELLY]. up and who have not been checked in this debate ends and the votes are Mrs. KENNELLY. I thank the gen- recent years. In this Republican wel- counted, I am confident that the House tleman for yielding me the time. fare approach, we have taken a long, of Representatives will have sent a Mr. Speaker, the American people hard look at deadbeat dads and moms message to their home districts, ‘‘No are demanding dramatic change in and how to get those $34 billion back more something for nothing.’’ their welfare system. They know it is into the system because that is $34 bil- Over the next few days, we will talk broken and they are calling upon us in lion that could be used to keep these about several proposals for changing the House of Representatives now and children out of the welfare cycle, out of our welfare system. I challenge all of later in the Senate to fix it. Unfortu- poverty. my colleagues to look beyond their nately, I do not think we are doing it Mr. Speaker, of that amount, $11 bil- party identification and listen closely in exactly the right way. I do not think lion leaves the system as deadbeat par- to the merits of each plan, to check it is dramatic enough and I do not ents leave the State to evade their re- their party affiliations at the door and March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3351 look to program reform that is both re- You look back at some of the good Mr. MCDERMOTT. As I understand alistic and puts principles and values welfare proposals that have come down it, Mr. Speaker, the committees of ju- back into our families. the pike, some that really helped. Take risdiction reported out three other The Deal substitute, which I helped the earned income tax credit. That was bills, none of which is before the House to write and cosponsor, puts more peo- a Republican proposal. Take the child today. Am I correct that H.R. 4 has not ple to work than the current system, care that has been put in place. And re- been reported out by any committee of while making it possible for people to member the great fight that we had jurisdiction? find a job and stay in it. We offer more with the committee, and we worked to- The SPEAKER pro tempore. The gen- job training and more child care than gether on that particular bill. That was tleman is correct. the status quo, and for the first time bipartisan in nature, and it was signed Mr. MCDERMOTT. Mr. Speaker, con- we set a lifetime limit of 2 years on into law by a Republican President. tinuing that inquiry, is it true that the welfare. Now the time has come to change the Budget Act points of order which are Your choices are simple, if you look balance of the program, to change, designed to assure that the budget beyond party lines. Put more people to truly change welfare as we know it rules we established for ourselves are work in less time, or put fewer people today. For the Republicans to carry adhered to apply only to measures that to work over more years. Put these op- forward, to fulfill the 1992 platform have been reported by the committee tions with another favorite theme, pledge of the Democrat Party. of jurisdiction? greater State flexibility, and you have b 1600 The SPEAKER pro tempore. The an even easier choice. Chair observes that sections 302, 303, This is the Republicans carrying 311, 401, and 402 of the Congressional The substitute that will be offered by through on the pledge of the Demo- the gentleman from Georgia [Mr. Budget Act of 1974 all establish points crats because of the Democrats’ failure of order against the consideration of DEAL], myself, and other conservative to do this. We are going to, I hope and Democrats allows States to tailor wel- bills or joint resolutions as reported. pray that we do pass a welfare bill, That is, in each case the point of order fare to fit their needs. We give States that we get rid of the cruelest system against consideration operates with re- the option of denying benefits to teen- that has ever been known. spect to the bill or joint resolution in age mothers, we let the States decide The cruelest system that is out here its reported state. Thus, in the case of whether to continue giving more on the floor is existing law and we an unreported bill or joint resolution, money to mothers who have more chil- must change it, we must work to- such a point of order against consider- dren while on welfare. We also let gether, we must move this process for- ation is inoperative. States decide whether they want to ward. Mr. MCDERMOTT. In other words, keep people in welfare programs for a We have worked long and hard on the Mr. Speaker, if we had followed the additional 2 years under community Republican side in order to change wel- regular order and reported either H.R. service. And we give them the option of fare. The bill of the gentleman from 4 or H.R. 1214 from the committees of recycling a few needy people back into Georgia [Mr. DEAL], which will I under- jurisdiction, several points of order the welfare rolls after their time limit stand be offered as a substitute some- would have applied. To get around has expired. time later this week, that bill itself those rules, the majority has instead We are also the only plan that dedi- comes a long way from where the Dem- put before the House an unreported bill cates the moneys that we save to defi- ocrat party was just a few short making it impossible for those of us cit reduction. You will hear more months ago when we could not get a who believe the House should be bound about our plan and the differences be- bill to the floor, when we could not re- by the rules it sets for itself to exercise tween the Deal substitute and the form welfare. those rights. other welfare reform plans that are of- A few short months ago in the last Mr. MCINNIS. Regular order. fered. I encourage you to think of your years when the Democrats were in The SPEAKER pro tempore. The constituents before your party identi- charge, we would have been glad to House has just adopted House Resolu- fication and to look at the reality of come forward and work on a bill such tion 117. our plan and what it does for the future as that. But I tell all of my colleagues Mr. MCDERMOTT. It is my under- not only for us, for this country but for to read it carefully; come in with spe- standing that we went around the rules our children and our children’s chil- cifics. The Republican bill is weak on because we did not follow the rules. dren. work? Read the Deal bill. The Repub- The SPEAKER pro tempore. The gen- Mr. MCINNIS. Mr. Speaker, I yield lican bill is the bill that stands for tleman has not stated a parliamentary the balance of the time remaining to work. It stands for real reform and it inquiry. the gentleman from Florida [Mr. stands for the empowerment of people. Mr. MCINNIS. A point of order, Mr. SHAW]. Let us break the chains of slavery Speaker, I thought it was a parliamen- The SPEAKER pro tempore. (Mr. that we have created with welfare in tary inquiry, not a speech. DOOLITTLE). The gentleman from Flor- this country and let us work together The SPEAKER pro tempore. The gen- ida is recognized for 21⁄2 minutes. for a better America. tleman is correct. Mr. SHAW. I thank the gentleman Mr. MCINNIS. Mr. Speaker, I move for yielding me the time. the previous question on the resolu- f tion. Mr. Speaker, in listening to the de- HOUR OF MEETING ON TOMORROW bate from this side of the aisle, you The previous question was ordered. would think that one of the words that The resolution was agreed to. Mr. MCINNIS. Mr. Speaker, I ask really sticks in my head was one of the A motion to reconsider was laid on unanimous consent that when the speakers, the gentlewoman from Illi- the table. House adjourns today it adjourn to nois, for whom I have a great deal of f meet at 10 a.m. tomorrow. respect, referred to our idea as some- The SPEAKER pro tempore. Is there thing having to do with Attila the Hun. PARLIAMENTARY INQUIRY objection to the request of the gen- I hear the gentleman from Tennessee Mr. MCDERMOTT. I have a par- tleman from Colorado? refer to us as mean. And I hear the liamentary inquiry, Mr. Speaker. There was no objection. other speakers refer to us as being The SPEAKER pro tempore (Mr. f tough on children and weak on work. DOOLITTLE). The gentleman will state I would notice, however, a resounding it. GENERAL LEAVE silence in this Hall when it comes to Mr. MCDERMOTT. Mr. Speaker, does Mr. ARCHER. Mr. speaker, I ask anybody defending the system that we the rule we have just adopted make in unanimous consent all Members have 5 have today, defending the system that order general debate on H.R. 4 or H.R. legislative days in which to revise and we were unable and unwilling to 1214? extend their remarks and include ex- change while the Democrats controlled The SPEAKER pro tempore. The rule traneous material on H.R. 4, the Per- this body. makes in order debate on H.R. 4. sonal Responsibility Act of 1995. H 3352 CONGRESSIONAL RECORD — HOUSE March 21, 1995 The SPEAKER pro tempore. Is there personal responsibility, the character most. My own mayor in Houston, TX, a objection to the request of the gen- trait that build this country. Democrat, talked to me several weeks tleman from Texas. The current welfare system destroys ago and said you can cut the amount of There was no objection. families and undermines the work Federal money coming to Houston by f ethic. It traps people in a hopeless 25 percent, but give me the flexibility cycle of dependency. Our bill replaces without the Federal regulations and I PERSONAL RESPONSIBILITY ACT this destructive welfare system with a will do more with 25 percent less. OF 1995 new system based on work and strong Some say, however, that only those The SPEAKER pro tempore. Pursu- families. in their ivory towers in Washington ant to House Resolution 117 and rule Virtually every section of the bill re- care enough to help the needy and aid XXIII, the Chair declares the House in quires more personal responsibility. the poor; the only caring people in all the Committee of the Whole House on Recipients are required to work for of government throughout the United the State of the Union for the consider- their benefits. Drug addicts and alco- States are only here right in Washing- ation of the bill, H.R. 4. holics are no longer rewarded with cash ton. That is what they say. They say b 1604 payments that are often spent on their you cannot trust the States. These peo- habit. Aliens who were allowed into the ple seem to think that the Governors IN THE COMMITTEE OF THE WHOLE country because they promised to be are still standing in the schoolhouse Accordingly, the House resolved it- self-supporting are held to their prom- doors not letting people in. But rather self into the Committee of the Whole ise; fathers who do not live with their it is the Democrats in Washington who House on the State of the Union for the children are expected to pay child sup- consideration of the bill (H.R. 4) to re- port or suffer severe consequences; and are standing in the doors of our Na- store the American family, reduce ille- welfare can no longer be a way of life. tion’s ghettos and not letting people gitimacy, control welfare spending, and After 5 years no more cash benefits will out. reduce welfare dependence, with Mr. be provided. The current regulatory morass is LINDER in the chair. This bill will reverse the decades- shown on the chart standing next to The CHAIRMAN. Pursuant to the long Federal policy of rewarding unac- me. It shows that the welfare system rule, the bill is considered as having ceptable and self-destructive behavior. Republicans inherited consists of at been read the first time. We will no longer reward for doing the least 336 programs in 8 domains of wel- Under the rule, the gentleman from wrong thing. fare policy. The Federal Government Texas [Mr. ARCHER] and the gentleman The second underlying principle of expects to spend $125 billion on these from Florida [Mr. GIBBONS] will each be our bill flows naturally from the first. programs this year. Here it is, proof of recognized for 1 hour; the gentleman Able-bodied adults on welfare must the ridiculous tangle of overlapping bu- from Pennsylvania [Mr. GOODLING], the work for their benefits. Here it appears reaucratic programs that have been gentleman from Missouri [Mr. CLAY], that the Democrats have surrendered thrust upon the Nation since the begin- the gentleman from Kansas [Mr. ROB- completely to Republican philosophy. ning of the war on poverty, and the ERTS], and the gentleman from Texas On work we are all Republicans now, worst part is that the American tax- [Mr. DE LA GARZA] will each be recog- but it was not always so. nized for 45 minutes. payers, working Americans are paying The Chair recognizes the gentleman During the welfare debate of 1987 and the bill. 1988, Democrats perpetuated a system from Texas [Mr. ARCHER]. But these 336 programs are only the Mr. ARCHER. Mr. Chairman, I yield in which able-bodied adults could stay tip of the iceberg. Imagine how many myself such time as I may consume. on welfare year after year after year regulations had to be written to imple- Mr. Chairman, the Republican wel- without doing anything. Now the Clin- ment these 336 programs. Just let me fare revolution is at hand. Today be- ton administration and Democrats in show you. These are the regulations gins the demise of the failed welfare the House are finally claiming they from just 2 of the 336 programs. They state that has entrapped the Nation’s want mandatory work too, but the sub- are standing right next to me here on needy for too long. Today we begin to stitutes they will offer later do not re- the desk. They weigh 62.4 pounds. I replace that disaster in social engi- quire serious work. guess I could probably lift them, but it neering with a reform plan that brings That is not surprising. Conflict would be easier with a fork truck. hope to the poor of this Nation and re- among Democrats on the basic issue of I can think of no more fitting symbol lief to the Nation’s taxpayers. Working work was one of the reasons they did of the failed welfare state than these Americans who carry the load will get nothing on welfare reform in the last pounds of Federal regulations. It is relief. Congress. Another was the fact that it time to remove the Federal middleman took the President almost 2 years to Government has spent $5.3 trillion on from the welfare system. We can cut write a welfare bill, which he then let welfare since the war on poverty began, these unnecessary regulations, elimi- die without so much as a minute of de- the most expensive war in the history nate Federal bureaucrats and give our bate in the House or the Senate. of this country, and the Census Bureau States and communities the freedom If the Democrats were serious about tells us we have lost the war. The bill they need to help their fellow citizens. welfare reform, they would have taken we bring to the floor today constitutes Our bill will end 40 of the biggest and the broadest overhaul of welfare ever action last year when they had the chance. To the Democrats, welfare re- fastest growing programs and replace proposed. The status quo welfare state them with 5 block grants. By ending is unacceptable. form is not a policy objective, it is a counterproductive overlapping and re- Today we have the chance to move political platform. It is an empty dundant programs, we will win half of beyond the rhetoric of previous years promise, it is a campaign device that is the battle. We are proud, though, that of endless campaign promises to end put on hold once they get elected. welfare as we know it. Today there House Republicans signed a Contract we have hit upon a much better ap- must be no doubt. The rhetoric is stop- With America that promised we would proach to helping the poor than this ping, the solution is beginning. provide a vote on the House floor on top-heavy Federal system. Our bill is constructed on three prin- true welfare reform, and we are now Our new approach recognizes that the ciples which strike at the very founda- fulfilling that promise within less than action on welfare reform today is in tions of the Nation’s failed welfare 80 days. We are proud to move forward the States already. While Washington state. The three principles are personal to change America’s failed welfare sys- twiddled its thumbs for the last several responsibility, work, and returning tem. years, States all over the country were power over welfare to our States and The third principle which forms the engaging in actual welfare reform. communities where the needy can be foundation of our bill is our commit- The laboratories of democracy are in helped the most in the most efficient ment to shrink the Federal Govern- the States, not Washington, DC. Block way. ment by returning power and flexibil- grants will bring the decisions closer to The first and most fundamental prin- ity to the States and communities the people affected by them, they will ciple captured by the title of our bill is where the needy can be helped the give Governors more responsibility and March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3353 resources to design and run their own child support enforcement. Thank you for changes to ERISA section 609 that will be programs. not objecting to the inclusion of this provi- necessary to remove current ambiguities to sion, and for bringing an additional technical this section of ERISA Title I over which our b 1615 correction to my attention. I understand Committee’s exclusive jurisdiction has never And once we have given the State that in order to expedite Floor consideration been disputed. of this legislation, your Committee will not this flexibility and eliminated the need Sincerely, be marking up H.R. 1157. BILL GOODLING, for them to beg Washington for permis- Similarly, H.R. 999, as reported by the Chairman. sion to operate outside the stack of Committee on Economic and Educational rules in that pile on the desk, the re- Opportunities, contains provisions that fall forms they have implemented thus far within the jurisdiction of the Committee on COMMITTEE ON WAYS AND MEANS, Washington, DC, March 21, 1995. will be dramatically expanded and Ways and Means. Specifically, H.R. 999 ends the at-risk child care and the AFDC and Hon. FLOYD D. SPENCE, spread to every State. Chairman, Committee on National Security, Mr. Chairman, welfare today has left Transitional child care programs for consoli- dation into a Child Care Block Grant. H.R. Rayburn House Office Building, U.S. House a sad mark on the American success 999 includes mandatory work requirements of Representatives, Washington, DC. story. It has created a world in which relating to the JOBS program. These provi- DEAR CHAIRMAN SPENCE: Thank you for children have no dreams for tomorrow sions were later harmonized with similar writing me regarding committee consider- and grownups have abandoned their provisions from H.R. 1157 in the leadership ation of H.R. 4, the Personal Responsibility hopes for today. bill, H.R. 1214. H.R. 999 also includes provi- Act. In response to your letter, I would like The time has come to replace this sions authorizing the transfer of child care to clarify certain jurisdictional issues sur- failed system with a new system that and family and school nutrition block grant rounding this unprecedented effort. On March 8, the Committee on Ways and uplifts our Nation’s poor, a new system funds to the temporary assistance, child pro- tection, and Title XX block grants. Means favorably reported H.R. 1157 as its that turns the social safety net from a Because of our prior consultations and to portion of welfare reform legislation. The trap into a trampoline, a new system expedite consideration of this legislation on Committee on Economic and Educational that rewards work, personal respon- the Floor, the Committee on Ways and Opportunities favorably reported H.R. 999 on sibility in families, a new system that Means will not mark up H.R. 999. However, February 23. A leadership working group lifts a load off of working, tax-paying the forbearance in this case should not be then combined these provisions, along with Americans. It represents a historic considered as a permanent waiver of this those of the Committee on Agriculture and shift long overdue. Committee’s jursidcition over these provi- others interested in welfare reform, into Mr. Chairman, I submit the following sions, and it should not preclude the Com- H.R. 1214. The text of H.R. 1214 will be con- mittee from legislating in this area in the sidered as the base text for floor consider- correspondence for the RECORD. future should the need arise. ation of H.R. 4. COMMITTEE ON WAYS AND MEANS, Thank you again for your leadership and As you noted, during its consideration of Washington, DC, March 21, 1995. cooperation on this landmark legislation. the child support enforcement title of H.R. Hon. WILLIAM F. GOODLING, With warm regards, 1157, the Committee on Ways and Means in- Chairman, Committee on Economic and Edu- Sincerely, cluded a provision dealing with enforcement cational Opportunities, Rayburn House Of- BILL ARCHER, of the child support obligations of members fice Building, House of Representatives, Chairman. of the Armed Forces falling within the juris- Washington, DC. diction of the Committee on National Secu- DEAR CHAIRMAN GOODLING: I am writing to COMMITTEE ON ECONOMIC rity. I want to thank you for waiving your congratulate you for your leadership in AND EDUCATIONAL OPPORTUNITIES, committee’s jurisdictional prerogatives in bringing H.R. 4, the Personal Responsibility Washington, DC, March 17, 1995. this instance to expedite Floor consideration Act, to the floor for a historic vote this Hon. BILL ARCHER, of this legislation, and I understand that you week. This achievement could not have oc- Chairman, Committee on Ways and Means, are reserving your Committee’s jurisdic- curred without the close working relation- Longworth House Office Building, U.S. tional prerogatives for future consideration ships developed between the Members and House of Representatives, Washington, DC. of this provision. staffs of our two committees. Thank you for DEAR MR. CHAIRMAN: This is to alert you to Thank you again for your leadership and the outstanding cooperation we have enjoyed a provision in H.R. 1214, the Personal Re- cooperation on this landmark legislation. in developing this landmark legislation. sponsibility Act of 1995, as reported by the With warm regards, I would also like to clarify certain jurisdic- Committee on Ways and Means which is in Sincerely, tional issues surrounding this unprecedented need of correction and involves an amend- BILL ARCHER, effort, and to acknowledge your recent cor- ment to Title I of ERISA. Chairman. respondence. On March 8, the Committee on As contained in section 711 of the bill, sub- Ways and Means favorably reported H.R. 1157 title H—Medical Support, the provision in as its portion of welfare reform legislation. question amends section 609 of Title I of COMMITTEE ON NATIONAL SECURITY, The Committee on Economic and Edu- ERISA to add a judgement, decree, or order Washington, DC, March 13, 1995. cational Opportunities favorably reported issued by an ‘‘administrative adjudication’’ Hon. BILL ARCHER, H.R. 999 on February 23. A leadership work- to the criteria required for such an order to Chairman, Committee on Ways and Means, ing group then combined these provisions, be considered a ‘‘qualified medical child sup- Washington, DC. along with those of the Committee on Agri- port order.’’ DEAR MR. CHAIRMAN: The Committee on culture and others interested in welfare re- The term ‘‘administrative adjudication’’ is Ways and Means has recently ordered re- form, into H.R. 1214. The text of H.R. 1214 not defined in the bill or under current law. ported H.R. 4, a bill that would reform the will be considered as the base text for floor However, the intent appears to be to expand welfare system. During markup of the legis- consideration of H.R. 4. the definition to encompass orders issued lation, the committee adopted a provision As you know, Republicans have been work- through an administrative process estab- dealing with the enforcement of child sup- ing diligently to combine social programs lished under state law. port obligations of members of the armed with similar or identical purposes into block Although our committee has no objection forces. This provision falls within the legis- grants. The procedure has been to identify at this time to the inclusion in H.R. 1214 of lative jurisdiction of the Committee on Na- all the programs with a similar purpose, end this amendment to ERISA Title I, over tional Security pursuant to House Rule X(k). the spending authority for all but one of the which the Committee on Economic and Edu- In recognition of your committee’s desire programs with a similar purpose, and fund cational Opportunities has exclusive juris- to bring this legislation expeditiously before the resulting block grant at roughly the diction, it is our opinion that the technical the House of Representatives, and with the level of funding for all the constituent pro- flaw should be corrected before the bill is understanding that a clause in the above de- grams combined. Unfortunately, this com- considered in the House. In this regard, I scribed provision to which this committee mon sense approach is not easily accom- have referred the following technical correc- objects has been removed from the bill, the plished within the existing committee struc- tion to the House Legislative Counsel for in- Committee on National Security will not ture. clusion in the final bill—ERISA section 609 seek a sequential referral of H.R. 4. This for- I want to thank you for agreeing to have (a)(2)(B)(ii)(II), as added by section 771(q)(3) bearance should not, of course, be construed the Committee on Ways and Means consoli- of H.R. 1214, should be amended to read ‘‘(II) as a waiver of this committee’s jurisdiction date certain child protection provisions into is issued through an administrative process over the provision in question. This commit- a Child Protection Block Grant in Title II of established under state law and has the force tee will seek the appointment of conferees H.R. 1157. In addition, H.R. 1157 contains pro- and effect of law under applicable state law.’’ with respect to this provision during any visions authorizing the transfer of funds This is also to inform you that the Com- House-Senate conference. from the temporary assistance block grant mittee on Economic and Educational Oppor- I would appreciate your including this let- to food and nutrition programs and the child tunities will request that its members be ap- ter as a part of the report on H.R. 4 and as care block grant. It also contains a technical pointed as the exclusive conferees on section part of the record during consideration of correction to ERISA Title I, concerning 771, inasmuch as there are other technical the bill by the House. H 3354 CONGRESSIONAL RECORD — HOUSE March 21, 1995 With warm personal regards, I am fall within the jurisdiction of the Committee H.R. 1214 or to any of the legislative issues Sincerely, concerned. addressed therein in the future. In addition, FLOYD D. SPENCE, Staff of the Commerce Committee has the Committee respectfully requests that if Chairman. carefully reviewed both the text of H.R. 4 H.R. 4 or H.R. 1214 or any amendments there- and H.R. 1214 and has worked with the staff to should be the subject of a House-Senate COMMITTEE ON WAYS AND MEANS, of the Committee on Ways and Means in conference, the Commerce Committee shall Washington, DC, March 21, 1995. drafting language contained in H.R. 1214 as it receive an equal number of conferees as Hon. THOMAS J. BLILEY, Jr., relates to provisions within this Commit- those appointed for any other House Com- Chairman, Committee on Commerce, Rayburn tee’s jurisdiction. Specifically, the following mittee with respect to the provisions con- House Office Building, U.S. House of Rep- provisions of H.R. 1214 have been identified tained in H.R. 4 or H.R. 1214, and any Senate resentatives, Washington, DC. as falling squarely within the Commerce amendments thereto, which fall within this DEAR CHAIRMAN BLILEY: Thank you for Committee’s jurisdiction: Committee’s jurisdiction. sharing with me your recent correspondence TITLE I Sincerely, with the Speaker regarding committee con- Section 106: Continued Application of Cur- THOMAS J. BLILEY, JR., sideration of H.R. 4, the Personal Respon- rent Standards under Medicaid Program Chairman. sibility Act. In response to your letter, I TITLE II would like to clarify certain jurisdictional COMMITTEE ON WAYS AND MEANS, issues surrounding this unprecedented effort. Section 203: Continued Application of Cur- Washington, DC, March 21, 1995. On March 8, the Committee on Ways and rent Standards under Medicaid Program Hon. HENRY J. HYDE, Means favorably reported H.R. 1157 as its TITLE IV Chairman, Committee on the Judiciary, Ray- portion of welfare reform legislation. The Section 401: Ineligibility of Illegal Aliens burn House Office Building, U.S. House of Committee on Economic and Educational for Certain Public Benefits Programs Representatives, Washington, DC. Opportunities favorably reported H.R. 999 on Section 401(a): In general: Notwithstanding DEAR CHAIRMAN HYDE: I am writing to con- February 23. A leadership working group any other provision of law, any alien who is gratulate you for your leadership in bringing then combined these provisions, along with not lawfully present in the U.S. shall not be H.R. 4, the Personal Responsibility Act, to those of the Committee on Agriculture and eligible for any Federal means-tested public the floor for a historic vote this week. I others interested in welfare reform, into benefits program. would also like to clarify certain jurisdic- H.R. 1214. The text of H.R. 1214 will be con- Section 401(b): Exception for Emergency tional issues surrounding this unprecedented sidered as the base text for floor consider- Assistance effort. ation of H.R. 4. Section 402: Ineligibility of Nonimmigrants On March 8, the Committee on Ways and As you noted, during its consideration of for Certain Public Benefits Programs Means favorably reported H.R. 1157 as its H.R. 1157, the Committee on Ways and Means Section 402(a): Notwithstanding any other portion of welfare reform legislation. The included provisions dealing with the Medic- provision of law, any alien who is lawfully Committee on Economic and Educational aid program. I want to thank you for waiving present in the United States as a non- Opportunities favorably reported H.R. 999 on your Committee’s jurisdictional prerogatives immigrant shall not be eligible for any Fed- February 23. A leadership working group in this instance to expedite Floor consider- eral means-tested public benefits program. then combined these provisions, along with ation of this legislation, and I understand Section 402(b): Emergency Assistance— those of the Committee on Agriculture and you are reserving your Committee’s jurisdic- emergency medical care others interested in welfare reform, into tional prerogatives for future consideration Section 403: Limited Eligibility of Immi- H.R. 1214. The text of H.R. 1214 will be con- of these provisions. grants of 5 Specified Federal Public Benefits sidered as the base text for floor consider- Thank you again for your leadership and Programs ation of H.R. 4. cooperation on this landmark legislation. Section 403(a)(4): Notwithstanding any As you know, Republicans have been work- With warm regards, other provision of law, any alien who is le- ing diligently to combine social programs Sincerely, gally present in the U.S. shall not be eligible with similar or identical purposes into block BILL ARCHER, for Medicaid. grants. The procedure has been to identify Chairman. Section 403(b)(4): Exceptions (Emergency all the programs with a similar purpose, end Assistance, including emergency medical the spending authority for all but one of the COMMITTEE ON COMMERCE, care) programs, and fund the resulting block grant Washington, DC, March 15, 1995. Section 403(b)(5): Transition for Current at roughly the level of funding for all the Hon. NEWT GINGRICH, Beneficiaries constituent programs combined. Unfortu- Speaker, U.S. House of Representatives, The Section 431: Definitions nately, this common sense approach is not Capitol, Washington, DC. TITLE VI easily accomplished within the existing com- DEAR MR. SPEAKER: I am writing for two mittee structure. purposes: first, to indicate that, in order to Section 601(d): Funding of Certain Pro- I want to thank you for agreeing to have expedite Floor consideration, the Committee grams for Drug Addicts and Alcoholics the Committee on Ways and Means to con- on Commerce will waive its right to mark up Section 602(b): Establishment of Program solidate certain child protection programs both H.R. 4, the Personal Responsibility Act, of Block Grants Regarding Children With under your Committee’s jurisdiction into the and H.R. 1214, the Personal Responsibility Disabilities Child Protection Block Grant in Title III of Act; and second, to indicate the Committee’s Section 1645(b)(2): Medicaid Program: For H.R. 1157. I understand that in order to expe- interest in preserving its jurisdictional pre- purposes of title XIX, each qualifying child dite Floor consideration of this legislation, rogatives with respect to a House-Senate shall be considered to be a recipient of sup- your Committee will not be marking up this conference on either of these two bills and plemental security income benefits under legislation. Specifically, H.R. 1157 consoli- any Senate amendments thereto. this title dates the missing and exploited children pro- H.R. 4, the Personal Responsibility Act of Section 602(c): Provisions Relating to SSI gram, grants to improve the investigation 1995, was introduced on January 4, 1995, and Cash Benefits and SSI Service Benefits and prosecution of child abuse cases, and the referred, by title, to the Committee on Ways ‘‘Treatment of Certain Assets and Trusts children’s advocacy centers program. In ad- and Means, the Committee on Agriculture, in Eligibility Determinations for Children’’ dition, you requested that the Committee in- and the Committee on Economic and Edu- Section 602(e): Temporary Eligibility For clude in H.R. 1157 provisions concerning wel- cational Opportunities, as well as to other Cash Benefits For Poor Disabled Children fare and immigration, and the treatment of Committees. The Committee on Commerce Residing in States Applying Alternative In- aliens. received an additional referral on two of the come Eligibility Standards Under Medicaid Thank you again for your leadership and eight titles: Title IV, Restricting Welfare to TITLE VII cooperation on this landmark legislation. Aliens, and Title VIII, Effective Date. Within Section 701(a)(1): State Obligation to Pro- With warm regards, the Committee, the bill was referred to the vide Child Support Enforcement Services Sincerely, Subcommittee on Health and Environment Section 702(b): Definition of Federal Medi- BILL ARCHER, and the Subcommittee on Energy and Power cal Assistance Percentage Chairman. for those provisions which fell within their H.R. 4 and H.R. 1214 are an essential com- respective jurisdictions. ponent of the House Republican Contract H.R. 1214 was introduced in the House on with America. The Members of the Com- COMMITTEE ON WAYS AND MEANS, March 13, 1995, and represents a consensus merce Committee have no desire to delay the Washington, DC, March 21, 1995. bill developed by the three Committees with House’s consideration of this important Hon. JAMES A. LEACH, primary jurisdiction for consideration on the measure. Therefore, at this time, I am Chairman, Committee on Banking, Rayburn House Floor in lieu of H.R. 4. In addition to waiving this Committee’s right to take up House Office Building, House of Represent- the three primary Committees, H.R. 1214 was both H.R. 4 and H.R. 1214. I wish to make atives, Washington, DC. also referred to the Committees on Com- clear that by waiving its opportunity to DEAR CHAIRMAN LEACH: I am writing to merce, the Judiciary, National Security, and mark up these bills, the Committee does not congratulate you for your leadership in Government Reform and Oversight, in each in any way prejudice the Commerce Commit- bringing H.R. 4, the Personal Responsibility case for consideration of those provisions as tee’s jurisdiction with respect to H.R. 4 or Act, to the floor for a historic vote this March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3355 week. I would also like to clarify certain ju- Mr. GIBBONS. Mr. Chairman, I yield tee to say to those mothers who want risdictional issues surrounding this unprece- 6 minutes to the gentleman from Ten- to go to work that we guarantee a min- dented effort. nessee [Mr. FORD], the ranking Demo- imum child care component in the wel- On March 8, the Committee on Ways and crat on the Welfare Subcommittee of Means favorably reported H.R. 1157 as its fare reform package. Democrats, once portion of welfare reform legislation. The the Committee on Ways and Means. again, we put people first through a Committee on Economic and Educational (Mr. FORD asked and was given per- self-sufficiency plan that will place Opportunities favorably reported H.R. 999 on mission to revise and extend his re- them in the work force. February 23. A leadership working group marks.) The self-sufficiency plan would put then combined these provisions, along with Mr. FORD. Mr. Chairman, we have people to work immediately, and those those of the Agriculture Committee and oth- now brought the welfare reform bill to ers interested in welfare reform, into H.R. recipients would be able to go to work, the House floor, which is the Personal and if they needed education, training, 1214. The text of H.R. 1214 will be considered Responsibility Act. as the base text for floor consideration of and child care, the Democrats wanted H.R. 4. Mr. Chairman, as we go through this to provide that. Democrats put work As you know, Republicans have been work- bill over the next 5 hours tonight and first, because we do not use caseload as we take amendments on this bill to- ing diligently to combine social programs reduction to fulfill the work require- with similar or identical purposes into block morrow and maybe Thursday, we, as ment. grants. The procedure has been to identify Democrats want to point out to the And like I said earlier, Democrats all the programs with a similar purpose, end American people that what the Repub- the spending authority for all but one of the licans have brought to this House floor want to include the private sector, to programs, and fund the resulting block grant is a bill that is weak on work require- make sure that the private sector can at roughly the level of funding for all the ments. The Republican bill does not help us create some of the jobs that constituent programs combined. Unfortu- will be needed in order to put people to nately, this common sense approach is not put work first, and the Democrats, we easily accomplished within the existing com- have said all along, if we are going to work. mittee structure. reform the welfare system in this Na- And let us go on a little further than I want to thank you for agreeing to have tion, is that we must make sure that that. Child support enforcement, it was the Committee on Ways and Means consoli- those who are able to work should go the Democrats who insisted upon the date the Family Unification Program under to work and that the State and the Republicans bringing this provision of your Committee’s jurisdiction into the Child this title to the bill to the House floor. Protection Block Grant in Title II of H.R. Federal Government should participate 1157. I understand that in order to expedite in making sure that we link welfare to We are proud of the fact that you did Floor consideration of this legislation, your work. included 90 percent of what the Demo- Committee will not be marking up this legis- When we look at the Republican bill, crats wanted, but the other 10 percent lation. there is no requirement that any AFDC is what the children of this Nation are Thank you again for your leadership and recipient actually go to work. States in need of. cooperation on this landmark legislation. can fulfill there work requirements by Why not put the drivers’s license, at- With warm regards, cutting people off the welfare rolls. tach them to make it possible to hold Sincerely, They can meet that 50-percent require- BILL ARCHER, up those licenses or to make sure that Chairman. ment by the year 2003, yes, you just when you get a ticket, in one State and roll them off, no work requirements for you do not pay it, is that your license COMMITTEE ON WAYS AND MEANS, the first 2 years. will be revoked until that ticket is Washington, DC, March 21, 1995. Democrats are saying what we want paid? We are saying the professional li- Hon. WILLIAM F. CLINGER, JR., is a self-sufficiency plan. The day that cense, why not, in the child support en- Chairman, Committee on Government Reform you enter the welfare office is that you forcement bill. and Oversight, Rayburn House Office will have to sign up in a self-suffi- Building, House of Representatives, Wash- I commend you, I say to the gen- ington, DC. ciency plan which means that the tleman from Florida [Mr. SHAW] and DEAR CHAIRMAN CLINGER: I am writing to States would have a responsibility. We the gentleman from Texas [Mr. AR- would also fund the States to make thank you for your assistance in bringing CHER], for bringing the title to this bill H.R. 4, the Personal Responsibility Act, to sure that they would have the moneys that will address child support enforce- the floor for a historic vote this week. I necessary to do just that. For the first would also like to clarify certain jurisdic- ment, but, you know, and we know as 2 years, as I have said, under the Re- Democrats, that you did not go far tional issues surrounding this unprecedented publican bill recipients need not work. enough. effort. There is no work requirement that On March 8, the Committee on Ways and Or when we look at how you want to would say to the States, ‘‘You must Means favorably reported H.R. 1157 as its punish children. I mean, why take in- place someone in the work force,’’ and portion of welfare reform legislation. The fant kids, why should we take innocent Committee on Economics and Educational after 2 years under the Republican kids, infant kids to say that because of Opportunities favorably reported H.R. 999 on plan, the State only has to obtain 4- February 23. A leadership working group percent work participation; after the 2 the behavior of your parents you will then combined these provisions, along with years, only a 4-percent work participa- be penalized? Why would we say to kids those of the Committee on Agriculture and tion. who are born to welfare families in others interested in welfare reform, into The Democrats think that Repub- America that we are going to penalize H.R. 1214. The text of H.R. 1214 will be con- kids? sidered as the base text for floor consider- licans ought to come together and let ation of H.R. 4. us pass a bill that would say to the The rhetoric that the Republicans During its consideration of the child sup- able-bodied men and women on welfare have given us in saying that we need to port enforcement title of H.R. 1157, the Com- that, ‘‘You must work, and we are change welfare, we would agree with mittee on Ways and Means included a provi- going to assist you in placing you in that, but there is no need of us saying sion dealing with enforcement of the child the work force.’’ that we will not link welfare to work support obligations of members of federal and make work first in priority in a employees falling within the jurisdiction of And when you look at the Repub- the Committee on Government Reform and licans, they have no commitment to welfare package. Democrats want a Oversight. I understand that in order to ex- move people from welfare to work. welfare reform bill, but we want a bill pedite Floor consideration of this legisla- They only move you off of welfare, and that will send people to work, hope- tion, your Committee will not be marking up they will place the problem and the fully in the private sector. this legislation. burden on the cities and counties and We want to make sure that the day Thank you again for your leadership and neighborhoods throughout America. No you enter into the welfare office that cooperation on this landmark legislation. With warm regards, resources are provided under the Re- you sign up with a plan, and that will Sincerely, publican plan to help States provide be a self-sufficiency plan that will put BILL ARCHER, education, training, and there is no you to work, keep you in the work Chairman. child care under this bill. force, and for you to provide for your Mr. Chairman, I reserve the balance Democrats offered amendments in children and not be mean to children, I of my time. the subcommittee and the full commit- mean, just plain mean to children, like H 3356 CONGRESSIONAL RECORD — HOUSE March 21, 1995 this Personal Responsibility Act that be barred from doing so. As a result, work. That is why you come across as is before this House today. the Deal substitute would prolong, not soft on work, because you are, and that Mr. SHAW. Mr. Chairman, I yield shorten, families time on welfare. is why you come across as harsh, be- myself 5 minutes. Further, under the Deal substitute, cause you are. Firmness, yes; harsh- Mr. Chairman, today we begin taking simply searching for a job satisfies the ness, no. the final steps to revolutionize welfare. supposed requirement that people on And a rainy day fund? The Repub- We are keeping our pledge to the Amer- welfare work first. lican Governors themselves said $1 bil- ican people to replace the current Finally, because the Deal substitute lion over 5 years is not enough to pro- failed system with one that encourages allows States to count everyone who vide in cases of recession, in cases of personal responsibility, family unity, leaves welfare as meeting the work re- inflation, and you just look the other and work. quirement, the number of people re- way. Under our proposal dozens of pro- quired to work by the bill is actually Now, why tough on kids? Look, we grams are merged into block grants to lowered by 500,000 per month. Even if a have done a lot of work on SSI. There provide States flexibility in meeting State somehow found a way to fail to is abuse in this program for kids. Some the cash welfare, child protection, meet this so-called requirement, no families are gaming the system, but child care, and nutrition needs of their penalty would result. most of these families are handicapped residents. Overnight, States would Whether these and other flaws in the kids, parents struggling to provide a have real incentives to get welfare re- Deal substitute are due to drafting er- decent life for their handicapped chil- cipients into work. States that are suc- rors, oversights, or intentional omis- dren, and SSI says what you do to cessful can save for recessions, expand sions, the effect is the same: the Deal them; 21 percent would still qualify child care, or invest in more job train- substitute offers too little, too late on under the present program. ing. Individuals would have to work to requiring work for those on welfare. b keep cash welfare, food stamps and This debate will bring that into focus 1630 other benefits. for many of my colleagues who I know And the rest of them would be at the Working families will stop seeing want to support real welfare reforms. mercy of a State bureaucracy or off the Federal tax dollars subsidize behavior Unfortunately, especially on work, the rolls altogether. Those are the facts. they know is destructive: Unmarried Deal substitute is right on rhetoric but You are going to eliminate from the children will not receive welfare wrong on substance. rolls 700,000 kids by the year 2000. checks and an apartment if they have a It’s not hard to see which bill pro- Now, look, there is abuse, let us baby; families already on welfare will vides real welfare reform—the Personal make that clear; but you are abusive in not get added payments for having Responsibility Act. Our plan is nothing getting at abuse, you are harsh. You more children they cannot support; and short of a revolution in social policy use a meat ax against handicapped aliens will no longer be eligible for sev- that replaces the current failed welfare children and their parents. And they eral welfare benefits. Welfare will be system with one that will better meet say they do not want a bureaucracy, transformed into temporary help, not a the needs of the poor and get millions State or Federal, telling them what to way of life. into work and off welfare. That is the do. They will account for the money, Supplemental Security Income bene- only way to solve the welfare mess, and but they know best for their kids. fits are reformed to protect taxpayers we are here to deliver on our promise You turn your back on kids, you are and target help to the truly disabled. to do just that. soft on work, and that is why your bill Drug addicts and alcoholics will no Mr. GIBBONS. Mr. Chairman, I yield is not worthy of passage. longer receive monthly disability 3 minutes to the gentleman from Mr. SHAW. Mr. Chairman, I yield 2 checks because of their addiction. And Michigan [Mr. LEVIN], a member of the minutes to a member of the commit- by refocusing SSI children’s benefits, welfare subcommittee, the Human Re- tee, the gentleman from Michigan [Mr. we provide more help to severely dis- sources Subcommittee of the Commit- CAMP]. abled children while protecting tax- tee on Ways and Means. (Mr. CAMP asked and was given per- payers against fraud and abuse. (Mr. LEVIN asked and was given per- mission to revise and extend his re- Child support enforcement is mission to revise and extend his re- marks.) strengthened to achieve better coordi- marks.) Mr. CAMP. Mr. Chairman, I thank nation between States, surer tracking Mr. LEVIN. Mr. Chairman, you know, the gentleman from Florida for yield- of delinquent parents, and more effi- as I listened to the majority, this is, I ing this time to me. cient collection of support. All agree think, very clear, Americans, the Mr. Chairman, we stand here today that holding absent fathers account- American people, want firmness. They at the threshold of righting a wrong. able is critical to any real welfare re- do not want harshness. And you come We have the opportunity to reverse an form, and our proposal does just that. across as harsh, harshly partisan, and injustice that has plagued this country Under our proposal families on wel- also harsh on people and soft on work. for decades. We can, and will, fix a fare are expected to work, just as tax- And let me explain why you are soft broker welfare system that has lit- paying families must work to support on work. It is very simple. The struc- erally trapped generations of Ameri- themselves. So after a maximum of 2 ture of this bill and other bills requires cans in a cycle of dependency from years on welfare, and less if States States to meet participation rights. It which there is little chance of escape. choose, families must work or lose is a certain percent the first year, a We must not let this opportunity their welfare checks. After 5 years of certain percent the second year, et pass. cash welfare, families must become cetera into the next century. The Committee on Ways and Means free of government dependence, period. Under the Republican bill, the States took testimony from 170 witnesses. No Despite these unprecedented changes, do not have to put a single person to one defended the status quo. Democrats, who won the White House work to meet participation require- So we know the current system is pledging to reform welfare and then did ments, not a single person. That is just broken, but what’s wrong with it? nothing for 2 years, are charging that the truth. First, it discourages work. Second, it Republicans are soft on work. This On page 22 of the bill it says that in fosters out-of-wedlock births. Third, it charge is simply incorrect, for numer- plain English. And why does it say is anti-family. And fourth, by the Fed- ous reasons. that? Because the majority bill does eral Government deciding on a one size Under the Democrat substitute of- not provide any money to the States to fits all welfare system for everyone fered by Congressman DEAL, States are help them put people on welfare to from Los Angeles to Boston, it is required to provide 2 years of education work. It was in your bill of a year ago. anticommunity. and training, not work, for all recipi- What happened to it? In our welfare reform package, we ents. So States like Massachusetts You want to save money, I guess, for not only encourage work. We demand that want to get welfare recipients into tax cuts for a privileged few instead of it from able-bodied people. Those who work after 2 months, not 2 years, would helping people get off of welfare into can work will work. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3357

Unlike the Democrats whose answer provide the same amount of resources Mr. MCCRERY. Mr. Chairman, I to work is temporary subsidized em- currently existing in the system, they thank the gentleman for yielding this ployment we give people the dignity of block grant it, send it to the States time to me. work. with very few restrictions or very few Mr. Chairman, I rise in support of the Our package fights illegitimacy by standards. Personal Responsibility Act, H.R. 4, not giving cash benefits to children Well, how are you going to get people but I rise particularly, Mr. Chairman, having children. And let me preempt to work? We all know that in order to to discuss the portion of the bill deal- those who try to paint us as cruel or create jobs, in order to create people in ing with SSI disability for children. mean: Noncash benefits such as Medi- the work force, you have to provide job This program has experienced explo- care, Food Stamps and child care will training, you have to provide edu- sive growth over the past few years. continue, to ensure the child is cared cation, you have to provide day care Since 1989, both the costs of the pro- for. But giving 15-year-olds cash pay- and even transportation, because most gram and the number of children quali- ments so they can move out of their of these people on welfare do not have fying for the program have tripled. parents’ home and into Government cars. So you have to provide them bus Why? Two things: First, this is the apartments or trailers, is the cruelest tokens. most sought after welfare program in thing you could do to that young par- The Republican bill does not provide America. The average monthly cash ent and their baby. any of that. benefit of about $450 per child per By encouraging independence and month is the most generous cash pay- concentrating on keeping families to- Nevertheless they expect within 7 years to get 50 percent of the American ment in our welfare system. Second, a gether, we provide recipients dignity, Supreme Court decision in 1989, the opportunity, and hope. Three charac- people on welfare off of welfare to jobs. Zebley decision, radically liberalized teristics missing from the current sys- We know that is not going to happen. the criteria under which children qual- tem. In fact, the reason the Republicans are ify for the program. The other side of the aisle hold tight making that proposal without any ad- Besides the wasteful drain of tax- to their belief that Federal bureaucrats ditional resources is because in 2 or 3 payer dollars, consider the harm this based here in Washington are somehow weeks on the floor of the House of Rep- Federal program does to too many chil- more compassionate, and more capable resentatives we are going to be debat- dren. In testimony before a Federal of caring for the needy. To hear them ing a tax bill. That tax bill will cut commission studying this program, Dr. tell it, our communities, local govern- taxes by $188 billion over 5 years, or Bill Payne, a physician who oversees ments, and Governors will starve the $640 billion over 10 years. children and give the money to the Bear in mind this is not going to go disability decisions in Arkansas, said, ‘‘There is no doubt in my mind that rich. Drop the heated and false rhetoric to the middle class. In fact, the top 1 there are a lot of children that receive and let go of the status quo. percent of the taxpayers in America disability checks who are not really Let us bring Government closer to will get 20 percent of that tax cut, and disabled at all.’’ home. The welfare needs in the Fourth those that make over $100,000 a year Willie Lee Bell, principal of an ele- District of Michigan are different from will get 58 percent of that $640 billion those in Detroit. Just as the needs in mentary school in Lake Providence, tax cut. LA, said students were refusing to per- New York are different from those in So this is not a program to move peo- Dallas. Let us give these communities form academically so that they could ple from dependency to independence, qualify for disability checks. Mr. Bell the freedom and flexibility to create from welfare to work,; this is a pro- innovative new programs based on told of a Lake Providence child who, gram basically to give tax cuts to the prompted by a mother seeking SSI their specific needs. By cutting out the very wealthy. We knew they were Federal middle-man, we can save 10 to checks, fabricated a story of bizarre be- going to do that when they took power havior so convincing that doctors com- 15 percent of administrative costs right on November 8, and they are doing it off the bat. mitted him to a mental hospital, fear- now. The American public should begin ing that he was a threat to his family. We’re not cutting welfare benefits; to realize that. and in some cases we are increasing A psychologist in another Louisiana I might just conclude by making one Parish, Ray Owens, also said that par- them. What we are cutting is bureauc- final observation. We have a safety net racy and that is driving the defenders ents were coaching children to do poor- in America. When a child is in an of big Government and redtape crazy. ly, saying ‘‘The children are being abused family, we put him either in By giving hope and opportunity, we doomed to failure.’’ foster care or provide adoption services again make welfare a safety net and a Mr. Chairman, this is an abused pro- to him. The Republicans are going to helping hand, not a life sentence to gram which begs for reform. Thank- eliminate that program and block poverty. fully, some Democrats have also recog- Mr. GIBBONS. Mr. Chairman, I yield grant it. Those standards to the nized the need for reform. I want to 3 minutes to the gentleman from Cali- States—and you know the reason we thank Mr. KLECZKA and Mrs. LINCOLN, had to do this in the first place was, in fornia [Mr. MATSUI], a member of the particularly, for their assistance in re- Subcommittee on Human Resources of 1980, 1980, the States were doing such a searching the problems in this program the Committee on Ways and Means. terrible job with these children that we and in helping to craft a thoughtful re- Mr. MATSUI. I thank the ranking had to take over and set forth national sponse to those problems. member for this time. standards. In fact, standards—little The solution to the explosion in the You know, it is very interesting. I things, what they would call additional growth of this program, Mr. Chairman, heard during the debate on the rule the paperwork, things like providing medi- and to the harm it is doing to other- gentleman from Delaware [Mr. CASTLE] cal records for the child when the child wise healthy children, is to overturn say there is really not much difference moves from one foster care family to the Zebley decision, and to offer cash between the different bills we have be- another, or maybe the child’s edu- payments to only the most severely fore us. Second, he also said that this cational records. disabled children who, absent the cash is just the first step of the legislative That is what we are really talking assistance, would have to be institu- process so that any imperfections or about here. That is why this bill is tionalized. For other, less severely dis- flaws could be changed as we move mean-spirited and that is why this bill abled children, we will provide medical along. should not pass. and nonmedical services designed to I might just have to make a couple of Mr. SHAW. Mr. Chairman, I yield 3 cope with the child’s disability. These observations. First of all, there is a big minutes to the gentleman from Louisi- changes in SSI disability for children difference between what the Democrats ana [Mr. MCCRERY], a member of the will restore integrity to this out of are proposing and what the Repub- committee. control Federal program, while provid- licans are proposing. (Mr. MCCRERY asked and was given ing even more helpful resources to the For example, on the issue of work, permission to revise and extend his re- most severely disabled children in the Republican proposal, all they do is marks.) need. H 3358 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Mr. GIBBONS. Mr. Chairman, I yield Mr. SHAW. Mr. Chairman, I yield 3 system that was supposed to help free 3 minutes to the gentleman from Mary- minutes to the gentleman from New them and countless individuals who land [Mr. CARDIN], a member of the Jersey [Mr. ZIMMER], a member of the have been forced to trade self-reliance Subcommittee on Human Resources of committee. and self-respect for dependency as the the Committee on Ways and Means. (Mr. ZIMMER asked and was given price for receiving help. Mr. CARDIN. I thank the ranking permission to revise and extend his re- Mr. Chairman, we can do better, a lot member for yielding this time to me. marks.) better. We must do better, and that is Mr. Chairman, both Democrats and Mr. ZIMMER. I thank the gentleman why the Personal Responsibility Act is Republicans want to end the welfare for yielding this time to me. before us today. system as we know it today. Both Mr. Chairman, as we debate the Per- Mr. GIBBONS. Mr. Chairman, I yield Democrats and Republicans understand sonal Responsibility Act, I hope we do 3 minutes to the gentleman from Geor- the need to enact new legislation. not lose sight, in all of the rhetoric, of gia [Mr. LEWIS], a member of the Com- But there is a major difference on why we are here in the first place. We mittee on Ways and Means. how the Democrats and Republicans are not here because restructuring wel- Mr. LEWIS of Georgia. Mr. Chair- want to proceed on ending our current fare will save Federal dollars, even man, I rise in strong opposition to this welfare system. The Democrats want though a bankrupt Nation cannot feed mean-spirited Republican bill. It is to require work, to get people off of its children or protect its needy. We cruel. It is wrong. It is down right low welfare, to work. The Republicans re- are here because welfare as we know it down. ward States for doing nothing. is an unmitigated failure and, if we do The Republican welfare proposal de- The requirements on the States not uproot it, we will condemn lit- stroys the safety net that protects our erally millions of children to a life under the Republican bill states that Nation’s children, elderly, and dis- without hope and without access to the they are successful if they get a person abled. It is an angry proposal, a pro- American dream. off welfare even if that person does not posal devoid of compassion, and feel- become employed, even if that person b 1645 ing. becomes a ward of local government. The Personal Responsibility Act is Hubert Humphrey once said that The Republican bill rewards the States. not a perfect document. But it reflects ‘‘the moral test of government is how The Republican bill is weak on work. the determination and courage of a that government treats those who are The Democrat bill is tough on work. new majority to address a critical in the dawn of life-the children; those Both Democrats and Republicans es- problem that, until now, has simply who are in twilight of life—the elderly, tablish national standards the States not been a priority for Congress. and those who are in the shadow of must meet in order to participate. What it proposes is very straight- life—the sick, the needy, and the Make no mistake about it. It may be a forward: handicapped.’’ block grant, but the States still have It asks that people assume ownership Mr. Chairman, this welfare proposal requirements they must meet. The Re- of their own lives and not always ex- attacks each and every one of these publican bill micromanages the plans pect others to pay for their mistakes. groups. It takes money out of the pock- of the States by requiring the States to It asks that parents be parents and ets of the disabled. It takes heat from meet certain tests as they relate to that both mothers and fathers take re- the homes of the poor. It takes food teenage moms, how the States handle sponsibility for the children they have out of the mouths of the children. family caps. brought into the world. I am reminded of a quote by the The Democrats establish national And it asks that we, as a society, re- great theologian, Martin Niemoller, standards on work. It requires the indi- establish certain values that we agree during World War II: vidual able-bodied person to work. It must guide us—including both compas- In Germany, they came fist for the Com- requires the States to have programs sion and individual responsibility. munists, and I didn’t speak up because I so that people can work. What the Personal Responsibility wasn’t a Communist. Then they came for the The Republican bill does not provide Act does not do is perpetuate three Jews, and I didn’t speak up because I wasn’t the resources to the local governments. mistakes that have made the current a Jew. Then they came for the trade union- Even though H.R. 5 did, there was a system such a disaster: First, it does ists, and I didn’t speak up because I wasn’t a change made. The Republicans all of a not assume that simply pumping more trade unionist. Then they came for the sudden needed some money for a tax money into a failed system will make Catholics, and I didn’t speak up because I cut. So they cut the program even was a Protestant. Then they came for me, it work. and by that time no one was left to speak up. though they know it is needed. The Second, it does not assume that Democratic bill provides the resources patchwork efforts such as demonstra- Mr. Chairman, this Republican pro- so the States can provide the programs tion projects and pilot programs, which posal certainly isn’t the Holocaust. But to get people back to work. That is, have taken the place of reform in the I am concerned, and I must speak up. day care, health care benefits so that past, will add up to real reform. It pro- I urge my colleagues, open your eyes. welfare people can work. The Repub- poses systemic reform instead. Read the proposal. Read the small lican bill dumps the problems on local Third, it does not assume that Wash- print. Read the Republican contract. governments. ington knows what is best for every- They are coming for the children. We have a clear choice. The Repub- one. Rather it restores to the States They are coming for the poor. They are lican bill gets people off of welfare, the the power to make decisions about the coming for the sick, the elderly, and Democratic bill gets people off of wel- needs of their own people. the disabled. This is the Contract With fare. The Republican bill gets the peo- No one can guarantee that welfare America. ple off welfare to nowhere; the Demo- programs run by States will out- I say to my colleagues—you have the cratic bill gets people off welfare to perform those run by Federal bureau- ability, the capacity, the power—to work. crats, and that unknown is what has stop this onslaught. Your voice is your We are going to have a chance to caused much of the apprehension about vote. Vote against this mean-spirited come together, Democrats and Repub- this bill, I think. But one thing I do proposal; raise your voice for the chil- licans, during this debate. It is called know is that no State can mess up wel- dren, the poor, and the disabled. the Deal substitute, sponsored by the fare as badly as the Federal Govern- A famous rabbi, Rabbi Hillel, once gentleman from Georgia [Mr. DEAL]. It ment has done. It is time to let innova- asked, ‘‘If I am not for myself, who will is an opportunity for us all to come to- tion by the States take hold and give it be for me? But if I am only for myself, gether on a bill that is tough on work, a chance, and it has begun to succeed what am I?’’ gets people off of welfare but gets them in many States, including my own What am I, Mr. Chairman? to work, rather than becoming a ward State of New Jersey. I am for those in the dawn of life, the of our local governments. I urge my There are millions of men, women, children. I am for those in the twilight colleagues to support the bill that will and children now receiving welfare in of life, the elderly. I am for those in be offered by the gentleman from Geor- our country. Among them are count- the shadow of life, the sick, the needy gia, Congressman DEAL. less families who are now trapped in a and the handicapped. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3359 Yes, I am proud to be a liberal Demo- system is too bureaucratic, too oppres- who is 11. My wife and I love our crat. I stand with the people and not sive, and prevents recipients from daughters dearly and have tried to in- for corporate interests. working. They feel that welfare can be still good values in them. We have Mr. SHAW. Mr. Chairman, I yield transformed and recipients can be taught them the difference between myself 20 seconds. given new life if the Federal, State, and right and wrong and trust they will Mr. Chairman, I would like to say to local governments will only remove make the right decisions. And we make the gentleman on the floor, the gen- the obstacles to work, empower the every effort to nurture them and see tleman from Georgia [Mr. LEWIS]. people, and provide the means and that each receives the attention and There is no one in this House that I tools by which recipients can become encouragement they need. But, as have had more respect for than you. self-sufficient. every parent knows, no matter what But for you to come on this floor and But, there are an equal number who you do, there comes a time when your compare the Republicans to the reign feel that the current system is built on children must be disciplined. Elizabeth of the Nazis is an absolute outrage, and the notion of getting something for and Rachel know that we have rules I’m surprised that anybody with your nothing, that the system is plagued which must be followed, and that my distinguished background would dare with fraud and abuse, and leaves them wife and I have certain expectations of to do such a horrible thing. wondering why their hard-earned dol- them. They also know that they will be Mr. Chairman, I reserve the balance lars continue to support this bureau- held accountable if these guidelines are of my time. cratic nightmare. They support tough not adhered to. ANNOUNCEMENT BY THE CHAIRMAN measures that require recipients to do Our bill takes this same approach. The CHAIRMAN. The Chair would something to get benefits. They feel We make every effort possible to en- tell the visitors in the gallery that, that the solution lies in turning the sure that each recipient has a real op- while we welcome you to enjoy these welfare programs over to the States portunity to return to the work force proceedings, you are not supposed to be with little or no influence by the Fed- permanently. In return, we ensure that involved in them, and, any more ap- eral Government. they are aware that there are specific plause, and we will have to empty the The States, cities, localities, and expectations of them and that they galleries. counties which administer welfare pro- will be held accountable for their ac- Mr. GIBBONS. Mr. Chairman, I yield grams argue that they are faced with tions and disciplined when necessary. myself 10 seconds. the prospect of providing to a growing Specifically, every recipient must Mr. Chairman, I can only repeat the population while dealing with inflexi- sign an individualized contract de- old truth: ‘‘Sometimes the truth ble rules and regulations and a chron- signed to move them into the work hurts.’’ ically insufficient supply of funds. force. Each recipient must complete 30 Mr. Chairman, I yield 4 minutes to And what do I see?—I see all these hours of work and 5 hours in job search the gentleman from Tennessee [Mr. things. during the Work First Program and 35 CLEMENT]. Government has failed! Something hours of work and 5 hours of job search (Mr. CLEMENT asked and was given must be done. during Workfare. Minor parents will be permission to revise and extend his re- I believe that neither argument is en- denied public housing and must live at marks.) tirely right or wrong and that on the home with a parent or responsible Mr. CLEMENT. Mr. Chairman, I be- whole these arguments all have merit. guardian. And, States would have the lieve restoring American’s trust in gov- That is why I joined five of my col- option of implementing a family cap. If ernment is the single greatest chal- leagues in drafting a bill of our own. recipients fail to meet any of these re- lenge facing this Congress. The Amer- We sought the middle ground, a truly quirements, they will have violated the ican people are perilously close to los- centrist position, a compromise be- agreement and the partnership will be ing their faith in this institution and tween these diverse schools of thought. terminated. We don’t just stop with re- its Members’ ability to effectively gov- I believe that we have achieved our cipients—we also include strong child ern. goal. support enforcement provision which The American people feel we have We will bring a substitute, known as will require noncustodial parents to been too consumed with preserving and the Deal substitute, which will not live up to their responsibilities. promoting government rather than the simply reform the current system but Our third principle reaffirms our be- will and liberties of the governed. replace it with a partnership of mutual lief that it is not the Federal Govern- Many have come to feel that the Wash- responsibility. ment but the frontline administrators ington Beltway which encircles this Our proposal is based on three fun- of these programs which best know the capital city has become a physical bar- damental principles: Work, individual needs in their respective States and lo- rier to real change. responsibility, and State flexibility. calities. For this reason we give the One need look no further than our The cornerstone of our plan is work. program back to the States. But, un- welfare system to find an illustration Our substitute places an emphasis on like other proposals, we do not simply of the disconnect between the people moving recipients into the private sec- shift the burden to the States and run and their government. Reforming wel- tor as soon as possible, includes real away. We believe that as it is a feder- fare is not a revolutionary idea. Re- work requirements, and fulfills the ally mandated program, the Federal form has been kicked around for more pledge that recipients must be work- Government has a responsibility to en- than a decade. ing. We require recipients to complete sure that the States have someone to I would say, Mr. Chairman, that one a minimum number of hours of work or turn to for support and assistance. Our would be hard pressed to find anyone work-related activity each week to re- bill includes general criteria to guide who does not support the idea of wel- ceive benefits. We deny benefits to any the States in developing their work fare reform. In fact, one could almost recipient who refuses a job or refuses programs; however, beyond the broad be so bold as to assert that there is to look for a job. And in exchange, we criteria, States are given a tremendous unanimous support for welfare reform. remove all incentives which make wel- amount of flexibility. Thus, the need for welfare reform is fare more attractive than work and re- For example, under our substitute, not in dispute. The issue which this move the biggest barriers to work— States would have the flexibility to de- House must resolve over the next few health care and child care. In short, we velop programs to move individuals days is which direction do we head, guarantee recipients that if they will into work, flexibility in funding, the how far do we go, and which is the best go to work we will provide the money freedom to pursue innovative ap- way to get there. and take all the necessary steps to en- proaches and we consolidate and co- Some look at welfare and see a sys- sure that recipients have a real oppor- ordinate programs to give States more tem which penalizes marriage and robs tunity to become self-sufficient. latitude. individuals of their initiative, motiva- Our second principle, individual But we do not stop there. In addition tion, and self-esteem. They contend responsbility, is based on the notion of to work, responsibility and State flexi- that recipients are not opposed to work tough love. I have two beautiful daugh- bility, we also eliminate the fraud and and would love to work but the current ters. Elizabeth who is 13 and Rachel abuse in the Food Stamps Program, H 3360 CONGRESSIONAL RECORD — HOUSE March 21, 1995 make work pay, consolidate and work, and they stay on because welfare fits all know how to run a system bet- strengthen existing child care and recipients are just being lazy. I think it ter than State and local communities. health care, making these services is just the opposite. I think most peo- The bill is tough, but it is fair, and available to more individuals. We ple get on welfare due to unforeseen we ask those on welfare to work in re- streamline and reduce the bureaucracy circumstances, and those that remain turn for benefits. We insist fathers live by allowing States to circumvent the do so not because they are lazy, but be- up to their responsibilities, and we quit burdensome waiver process. We elimi- cause they are not smart enough to giving cash to those who continue to nate SSI for drug addicts and alcohol- know—they are smart enough to know have children while on welfare. We ask ics. We reform and revise SSI for chil- it is not the best option for them. Wel- families and people to be more respon- dren in a fair and equitable manner fare recipients know their option. They sible, be responsible Americans. That is which eliminates the fraud and abuse, know if they work, even with the not cruel, that is true compassion. controls growth, and ensures due proc- earned income tax credit, that just I also want to set the record straight ess for each and every child currently does not make it. on funding. Under this bill we increase on the rolls, ensuring that no qualify- Let me lay out the example: ing child loses benefits. A young woman with three kids goes funding, we increase funding, I want to We have a wonderful opportunity to out and gets a job at a gas station repeat, we increase funding. Look at make a real difference in the lives of making the minimum wage, $4.25 an this chart. CBO baseline spending goes thousands of individuals. The Presi- hour. She works all year. She makes up over the next 5 years. We are in- dent, the Congress, and the person on $8,500. With the earned income tax creasing spending, according to CBO the street all agree that the current credit on top of that, of $3,000, she estimates, $1.2 trillion over the next 5 system is not working. makes about $11,500. The poverty line years, helping people escape the wel- Mr. Chairman, in short, our sub- in this country established by the gov- fare trap. stitute is a responsible, workable ap- ernment and accepted by all for a fam- You know the difference in those two proach which maintains the Federal re- ily of four in 1995 is $15,000. Now that is lines? Earlier estimates said we were sponsibility without simply shifting $3,500 more than she makes. If she going to raise spending 53 percent. You the burden to the States. Recipients works the whole year, she will have 75 know what? We are doing what the will be required to work for benefits, percent of the poverty line. She will American people wanted us to do, and but there is an absolute time limit for not have health care benefits. She will that is reduce spending. We are cutting receipt of these benfits. Our plan pro- not have day care. the increase to 42 percent. Goodness vides the best opportunity for welfare Mr. Chairman, to say to her, ‘‘Leave gracious. If you cannot stand a 42-per- recipients to become productive mem- your kids at home, lady; go on out, and cent increase in spending, if your own bers of the work force. We provide get a job, and don’t have a chance to budget could stand that, I defy you to States with the resources necessary to take your kids to the doctor,’’ simply say there is something wrong with provide this opportunity without in- is not a reasonable thing to expect of that. We are not taking money away curring an additional fiscal burden. anybody. from anybody. We are increasing as the I would remind my colleagues that Now this situation is not unusual. need requires. the American people are watching. According to the Bureau of Labor Sta- They are skeptical. Welfare reform pro- tistics, Mr. Chairman, 4.2 million peo- This bill targets money to the most vides a real opportunity to make mean- ple in this country, paid by the hour, needy, gives the States the ability to ingful changes and demonstrate to earn at below the minimum wage. Fur- create their own solution. This bill is them that we can still govern effec- thermore, the percentage of working fair. It is real reform. Talk is cheap. tively. We must not allow this golden families that are poor has risen. In 1976 The Democrats have proven that. opportunity to pass us by—to do so the percentage of families with chil- It is time to act. It is time to repeal would be a tragedy. dren that had a parent working that and reform the welfare program. Vote I for one intend to support the only was below the poverty line was 8 per- against big government, and let us help responsible welfare reform bill and cent. In 1993, Mr. Chairman, it is up to Americans help themselves to have a urge my colleagues to do the same— 11 percent. better future. support the Deal substitute. Now the Republican response in this Mr. GIBBONS. Mr. Chairman, I yield Mr. GIBBONS. Mr. Chairman, I yield bill? This bill is a bad bill as it sits myself 20 seconds. 3 minutes to the gentleman from Wash- here, responds to that situation to Mr. Chairman, please do not take the ington State [Mr. MCDERMOTT], a mem- make welfare look so mean and so se- chart away. Let me point out what is ber of the Committee on Ways and vere that makes working full time at wrong with it. It does not take into Means. 75 percent of poverty look like a good consideration inflation that is endemic Mr. MCDERMOTT. Mr. Chairman, deal. I think that instead of making in the American economic system. It three times in the Gospel the story is welfare tougher we should make wel- does not take into consideration told about our Lord, the children being fare or work pay. That means we have growth in population. That chart is brought to him, and the story is, of to raise the minimum wage. just useless. course, that the parents are trying to Mr. Chairman, I would oppose the bill Mr. Chairman, I yield 3 minutes to bring the kids to Christ, and Christ as it stands. the gentleman from Pennsylvania [Mr. said, ‘‘Suffer the little children to b 1700 COYNE], a member of the Committee on come unto me as long as your mother Ways and Means. Mr. SHAW. Mr. Chairman, I yield 3 is over 18 and she’s married.’’ Mr. COYNE. Mr. Chairman, I rise in minutes to the gentleman from Texas, Now, Mr. Chairman, my colleagues strong opposition to the welfare reform Mr. SAM JOHNSON, a member of the know that is not true, and this bill is package brought to the floor today by the most cruel and shortsighted view committee. the Republican majority. in public policy I have seen in 25 years. Mr. SAM JOHNSON of Texas. Mr. This mean-spirited attack on chil- The first 2 years of life are the years Chairman, I rise in support of H.R. 4 dren and poor families in America fails when children develop what they are because I think after 30 years and $5 going to be for the rest of their life. I trillion, the taxpayers and welfare re- every test of true welfare reform. say, cipients deserve better. We need fun- The Republican bill is tough on chil- dren and weak on work. This plan will If you don’t take care of them with Medic- damental changes. We need a system aid, if you don’t take care of them with that does not trap welfare recipients in punish children who happen to be born health care and food supplements during an endless cycle of dependency. into poverty. At the same time, this that period of time, you doom them to a life I cannot believe that Members can plan cuts child care funding and other of difficulties in this society. come to this floor and say this bill is programs that are essential if an adult Mr. Chairman, many of our Repub- cruel or mean-spirited. It is those who on welfare is to get a job and leave the lican colleagues would like us to be- protect the current system that are welfare rolls. lieve that most welfare recipients get cruel. They believe that bureaucrats Instead of fixing welfare and moving on welfare because they do not want to administering a one-size program that Americans from welfare to work, the March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3361 Republican bill is simply an exercise in Mr. Chairman, the Republican plan is not holding a job. We want to provide them cutting programs that serve children, welfare reform. It is a cruel attack on children with day-care and medical benefits the disabled, and families living in pov- that fails to solve the welfare mess. I urge that that can help them again become pro- erty. the House reject the Republican plan. ductive citizens of our society. What can possibly be the motive for Mr. SHAW. Mr. Chairman, I yield 31⁄2 Mr. Chairman, we are a nation of launching such a cruel attack on the minutes to the gentlewoman from great wealth and compassion, but we children of America? The answer is the Washington [Ms. DUNN], a member of are neither compassionate nor wise Republican majority will cut programs the committee. when we spend $5 trillion over 30 years for the poor to provide tax cuts for the Ms. DUNN of Washington. Mr. Chair- and still allow so many Americans to wealthy. Cuts in child care, school man, I thank the gentleman for yield- remain trapped in this endless and lunches, and programs for the poor will ing. hopeless cycle of poverty. It is lunacy be used to finance tax breaks like the Mr. Chairman, today we have a great to continue with the liberal welfare capital gains tax cut. We are literally opportunity, an opportunity to over- system that promises only the likeli- short-changing America’s children to haul a welfare system that is currently hood of a life with more crime, less give tax breaks to individuals with in- failing millions of Americans, an op- education, and lifelong government de- comes over $100,000 a year. portunity to restructure the welfare pendency. The Republican bill will punish over program to work effectively, and, I be- Mr. Chairman, I have no doubt by the 15 million innocent American children. lieve, with lots of thoughtfulness, to end of this week we will pass a bill that It would punish children who are born work compassionately. offers people a hand up and out. And to out-of-wedlock to a mother under the Over the last few months, members my colleagues on both sides of the of the Committee on Ways and Means age of 18. It punishes any child who aisle, this week we have the oppor- have heard from hundreds of witnesses happens to be born to a family already tunity to truly end welfare as we know from President Clinton’s Secretary of on welfare. This bill does not guarantee it. Health and Human Services to many of that a child will have safe child care Mr. GIBBONS. Mr. Chairman, I yield the mothers who live on welfare. Every when their parents work. It cuts SSI 3 minutes to the gentlewoman from witness, Republican, Democrat, liberal, benefits to over 680,000 disabled chil- conservative, every single one of them Connecticut [Mrs. KENNELLY] a mem- dren. Under this bill, State account- has told us that the current welfare ber of the Subcommittee on Human Re- ability for the death of a child is lim- system is an unmitigated disaster. sources of the Committee on Ways and ited simply to reporting the child’s Yet during these days as we work Means. death. Finally, this bill adds to the in- hard to redesign this system, I con- Mrs. KENNELLY. Mr. Chairman, juries of abused and neglected children tinue to be disappointed by the tone of whatever we do in welfare reform, by cutting $2 billion from Federal pro- the opposition’s rhetoric. Opponents of there are some things we should not grams to care for these children. this bill assert that the reform-minded do. And one thing we should not do is Americans must ask what will happen to Republicans want to change the wel- dismantle the nutrition programs that these children? The result, without a question fare bill only to save money, regardless are working so well around the coun- will be an increase in the number of children of how it would affect the poor. try. who go to bed hungry. Make no mistake, Mr. Chairman, our H.R. 4 would eliminate the School The Republican bill will increase the risk of changes save money, nearly $67 billion Lunch Program and other nutrition a child in poverty suffering from abuse and ne- over 5 years. But to my friends who say programs, replacing them with block glect. And yes, the result will be that some that these savings will help the poor, I grants. Proponents keep saying this mothers who want to give birth to a child will ask, how much good has the $5 trillion will not make a difference. be pushed to consider ending their pregnancy. that we have spent in the last 30 years But if they are right, then why do the The Republican bill is a cruel attack on on the welfare program done to solve child care and child nutrition block America's children but it also fails to provide or even lessen America’s poverty? grants have a 5-year change that picks the essential tools needed by parents who Could it be that it is not the amount up $11.8 billion? Something has to want to move from welfare to work. A mother of money that we are spending that is change, and I am afraid that it will be who takes a minimum wage job can only do wrong, but rather the way in which we the whole point of the program—its nu- so if she has access to safe child care. Unfor- spend it? To the liberals in Congress, I tritional value. tunately, this bill will cut Federal funds for child salute your intentions. You, too, want The same goes for food stamps. This care by 25 percent in the year 2000. This to help the poor, those people who country has been blessed with abun- means that over 400,000 fewer children will truly do need our help. But the welfare dant farm land. It has been said we receive Federal child care assistance. Penn- system you built is a failure. could feed the world. With the sug- sylvania alone will lose $25.7 million in Fed- The welfare mothers whom I met gested changes in welfare and other eral child care assistance funding by the year with last weekend in my district at a budget changes such as the elimination 2000. That means that over 15,000 children in Head Start meeting told me that the of more than $7 billion in fuel assist- Pennsylvania will be denied Federal assist- welfare system, or AFDC, is a negative ance program and more than $2 billion ance for safe child care. system that pulls people down and robs in low-income housing, food stamps be- The legislation will result in America's poor them of their self-esteem, and too often come more important. children being left home alone. Mothers who devalues them and their ability to be Yes, we should get rid of waste and are required by the State to work will no productive members of our community. fraud. Yes, we should prosecute those longer be guaranteed child care. States that Today we begin the process of lifting who traffic in food stamps. But do not seek to provide child-care assistance will have the weight of the old welfare system take food stamps away from those who to make up for Federal child care cuts by raid- from the backs of America’s poor, the need them. ing other State programs or increasing State reevolvement of America’s welfare sys- Changes such as eliminating benefits taxes. tems. We are removing the perverse in- for children born out of wedlock and Again, the Republican bill is tough on chil- centives that encourage people to go on their mothers make food stamps more dren and weak on work. It allows States to to welfare and, once they are on there, important for a healthy child. If people push a person off the welfare rolls and then that capture them and keep them on lose benefits and can’t find a job, food count that person toward meeting the Repub- an endless cycle of dependency of gov- stamps are important. lican's so-called work requirement. There is no ernment. Let’s not risk our children’s health requirement for education, training, and sup- The status quo fosters government and education by enacting a cut-and- port services for individuals who need help dependency while our proposal fosters run nutritional block grant to replace moving from welfare to a job. In fact, nearly personal responsibility. And it provides a successful Federal nutritional pro- $10 billion for job training programs have been the hope of work and the promise of gram. cut from the first Republican welfare plan. Ap- self-respect. We want to give people Also, let us not get rid of national parently these funds were needed more to pay self-respect. We want to restore their standards. In the School Lunch Pro- for tax cuts for upper income Americans. self-esteem through the dignity of gram, the elimination of standards put H 3362 CONGRESSIONAL RECORD — HOUSE March 21, 1995 at risk the whole point of the pro- child has to hope, to independence, and Real welfare reform must be about gram—providing nutritional meals. to opportunity. replacing the welfare check with a pay- And I am very worried about the We have offered here, in my view, a check. The Deal substitute’s time-lim- elimination of minimal standards in tough love approach to welfare reform. ited work first program is designed to child welfare programs, which will be It is a sound one. Our reform plan has get people into the work force as even more underfunded and overbur- a tough work requirement that will re- quickly as possible, requiring all re- dened if these block grants happen and introduce many families to the dignity cipients to enter into a self-sufficiency could mean increased numbers of of work. Our bill stops subsidizing out- plan within 30 days of receiving bene- abused children. of-wedlock births. Our bill establishes fits. Minimal Federal standards have been real time limits to welfare, 2 years, and The Republican welfare reform bill adopted in the past because we believe then up to 5 years, if someone stays in allows recipients to receive cash bene- there is a national interest in protect- a work program. And talking to people fits for up to 2 years before they are re- ing children. Let us not forget that im- in my district, they feel those time quired to work or even to look for portant point in the rush to pass wel- limits are fair. work. fare reform. Our bill cracks down on deadbeat The Deal substitute provides the nec- I strongly suspect H.R. 4 started off dads with tough new child support en- essary resources for welfare recipients in the right direction when it was first forcement. Our bill links welfare rights to become self-sufficient, but it also re- conceived. I am sure that there were to community responsibilities and cuts quires recipients to be responsible for substantive conversations about the their own actions by setting clear time need for child care, training, and work. bureaucracy, consolidating a Byzantine maze of Federal welfare programs into limits on benefits. And no benefit will But it is no surprise that those delib- be paid to anyone who refuses to work, erations changed when it was realized four flexible block grants. Our legislation bars cash to unwed who refuses to look for work, or who that real welfare reform is very hard to turns down a job. do. It is certainly much easier just to parents but it provides other services to those parents. And our bill guaran- In addition to making individuals re- send the entire problem back to the sponsible for their own welfare, we de- States and take the $64 billion in sav- tees funding to the States so that they will be able to provide those services. mand that both parents must be re- ings and use them off the top to pay for sponsible for their children. The spon- Mr. GIBBONS. Mr. Chairman, I yield tax cuts. sors of the Deal substitute recognize 10 seconds to the gentleman from Ten- I am also worried about taking chil- that in order to reform welfare, States nessee [Mr. FORD]. dren off disability. Yes, there has been must have the flexibility to design and Mr. FORD. Mr. Chairman, the gen- abuse, particularly in Arkansas and administer welfare programs tailored tleman from Pennsylvania talked Louisiana, but fix the abuse. When I to their unique needs and their own about the Republican bill, H.R. 4, hav- read the bill, it takes 250,000 off the circumstances. ing these tough work requirements. I rolls. There were not 250,000 abusers. We believe that the States should not God help the family that has a truly just want to know, what page are these have to go through a cumbersome Fed- disabled child. tough work requirements on in this eral waiver process in order to imple- Mr. SHAW. Mr. Chairman, I yield 3 bill? We need to see them. ment innovative ideas in their welfare minutes to the gentleman from Penn- Mr. GIBBONS. Mr. Chairman, I yield programs. So the Deal substitute es- sylvania [Mr. ENGLISH], a member of 3 minutes to the gentleman from Vir- tablishes the Federal model for the the committee. ginia [Mr. PAYNE], a member of the work first program. Mr. ENGLISH of Pennsylvania. Mr. Committee on Ways and Means. I believe the Deal substitute is the Chairman, I rise in support of H.R. 4, Mr. PAYNE of Virginia. Mr. Chair- only welfare bill which gives the Amer- the Family Responsibility Act, and I man, Republicans and Democrats alike ican people what they really want, and urge my colleagues to support it. I urge agree that the current welfare system them to vote in supporting it, to re- I urge my colleagues to support this does not work. Instead of requiring bill. duce dependency, to slash bureaucracy, work, it punishes those who go to to promote personal responsibility, and Mr. SHAW. Mr. Chairman, I yield 3 work. And instead of instilling per- minutes to the gentleman from Nevada to strengthen families. sonal responsibility, it encourages de- Our legislation maintains the safety [Mr. ENSIGN], a member of the commit- pendence on the Government; instead tee. net for the poor, but in reforming the of encouraging marriage and family welfare system, it will sound the death (Mr. ENSIGN asked and was given stability, it penalizes two-parent fami- permission to revise and extend his re- knell for the failed liberal welfare lies and rewards teenage pregnancies. state. marks.) We all agree that welfare must be dras- Mr. ENSIGN. Mr. Chairman, one of Our bill is a mainstream approach, tically changed and that welfare should and I urge Members not to be deluded the most difficult tasks to perform in only offer transitional assistance lead- the Federal Government is to propose by the harsh, partisan, intemperate ing to work and not a way of life. rhetoric they have heard here today. fundamental change to a Federal pro- That is why I wish to speak on behalf Our bill is tough on bureaucracy, not gram. The most difficult task is actu- of the Deal substitute to the Repub- on kids. Our bill is cruel to the status ally to go about making this change lican bill, because we, the cosponsors of quo, not the under class. law. A Federal program is like a huge the Deal substitute, are committed to I heard my colleague from Michigan cargo ship. As long as the ship is slow- characterize this bill as extreme. Per- making major changes in our Nation’s ly laboring ahead on a set course, it haps in Washington it is considered ex- welfare system. may operate relatively well. When the treme to give power to the States in- We support welfare reform that em- time comes to change course, however, stead of elevating the HHS bureauc- phasizes work, personal responsibility, the size and speed of the vessel create racy. But this I believe is a main- and family stability. The Deal sub- tremendous momentum making the stream proposal. It is also a compas- stitute imposes tough work require- change of course difficult. sionate proposal. ments while providing opportunities Of course, the longer that change is for education, training, child care, and delayed, the more off course the ship b 1715 health care to support working people. gets, requiring more significant and The current welfare system is not It provides States with the resources more difficult and painful changes. compassionate and we need to stop necessary for welfare reform to succeed The other night on CBS, there was a measuring compassion by how many without shifting costs to local govern- welfare documentary. Dan Rather, who checks we cut, by how many bureau- ments or requiring unfunded mandates. is not exactly known for his conserv- crats we employ, by the size of our ap- And it gives States the flexibility to ative thoughts, was the host of that propriations. Instead, we need to start design and administer the welfare pro- documentary. And I found it very in- measuring compassion by how few peo- grams they need without sacrificing teresting. ple are on AFDC and on welfare and on accountability to the Nation’s tax- There was a single mom. She was in food stamps and by the access every payers. a wheelchair, making $15,000 a year. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3363 They interviewed her. And she ques- The Deal substitute guarantees that Too many people who hate being on tioned why someone should be receiv- those who can work will work. The welfare are trying to escape it—with ing welfare when she worked. She was substitute ensures that a welfare recip- too little success. in a wheelchair. She worked making ient is better off economically by tak- It is time for a fundamental change. $15,000 a year. Her health care was not ing a job than by remaining on welfare. Instead of strengthening families and provided for her, and she resented her The substitute provides transitional instilling personal responsibility, the tax dollars going for somebody else to assistance in health care and child system penalizes two parent families, be on welfare. care, and it also improves outreach ef- and lets too many absent parents who The interviewed another young forts to ensure that both recipients and owe child support off the hook. woman who had gotten off of welfare employers make use of the earned in- Our society can not—and should into work. And the pride that she now come tax credit. not—afford a social welfare system took of having her young children see I would urge my colleagues on both without obligations. her go every day into work. sides of the aisle to support the Deal It is long past time to ‘‘end welfare I grew up with a single mom. There substitute. as we know it.’’ We need to move beyond political were three of us at home. My father Mr. SHAW. Mr. Chairman, I yield 2 rhetoric, and offer a simple compact provided no child support when I was minutes to the gentlewoman from Kan- that provides people more opportunity young. And I watched my mom get up sas [Mrs. MEYERS], a most important in return for more responsibility. every day and go to work. That is what and valuable member of the majority we need in this country is to have chil- I have a few commonsense criteria in putting together this bill and one of which any welfare plan must meet to dren watching their parents go to work the first advocates for the block grant on a daily basis. get my vote. approach. It must require all able-bodied recipi- This welfare reform bill will help en- Mrs. MEYERS of Kansas. Mr. Chair- sure that people go to work. ents to work for their benefits. man, I am so pleased to be able to sup- It must require teenage mothers to During that same program that Dan port this welfare reforms bill, the Per- Rather hosted, they had two welfare live at home or other supervised set- sonal Responsibility Act. I believe that ting. moms on that program. And they welfare reform is simply the most im- asked them, if you knew that your wel- It must create a child support en- portant issue facing our country today. forcement system with teeth so that fare payments were going to stop in a Welfare reform must be done. We all deadbeat parents support their chil- couple years, what would you do? The know this. And I would like to talk dren. response was immediate, both of them today for just a minute about the in- It must establish a time limit so that said, well, I would go out and get a job. centive nature of the current program. welfare benefits are only a temporary We had testimony in front of the Within the next 5 years, if we do means of support. human resources subcommittee from a nothing and continue our growth rate It must be tough on those who have woman who counsels welfare recipi- as it has been, over 80 percent of mi- defrauded the system—but not on inno- ents. She asks every one of her classes, nority children and 40 percent of all cent children. what would you do if you knew that children in this country will be born And it must give States flexibility to your welfare payments would end to- out of wedlock. Unmarried women who shape their welfare system to their morrow? Every single one of them in needs, while upholding the important her classes respond by saying, I would bear children out of wedlock before fin- ishing high school are far more likely national objectives I have just listed. go get a job. The Republican bill fails to meet People say that the work require- to go on welfare and stay there for at least 8 years. That is why more than 2 these criteria. ments are not tough in this bill. Well, The Republican bill is weak on work. I am sorry, but I think that they are. years ago, I began pushing to end cash benefits to teenagers who have a child It only requires 4 percent participa- If after 5 years you can no longer get tion in fiscal year 1996, far below the any kind of welfare benefits, I think out of wedlock because what had start- ed as a helping program had become an current rate established under the 1988 that that is a pretty tough work re- Family Support Act. quirement, because work is a lot better incentive. For the past 30 years our welfare sys- It is outrageous that any new work than going hungry. requirement would fall below current I rise in support and urge my col- tem has sent a message to young women that the Federal Government law. leagues to support H.R. 4. The Republican bill denies benefits Mr. GIBBONS. Mr. Chairman, I yield will make it okay. If you have a child out of wedlock, the Government will to children of mothers under 18. 1 minute to the gentleman from Okla- We must make parents—all parents— give you $500 a month AFDC, $300 a homa [Mr. BREWSTER], who until this responsible for taking care of their own month food stamps, pay all your medi- last election was a member of the Com- children. cal bills. In many cases, find you a mittee on Ways and Means but has to But denying children support is not place to live and pay for it. In many withdraw because of the ratio. the best way to do that. cases, send you to a job training pro- (Mr. BREWSTER asked and was Instead, teenagers should be required given permission to revise and extend gram or even a college, pay for your to demonstrate responsibility by living his remarks.) child care and your transportation. at home and staying in school in order Mr. BREWSTER. Mr. Chairman, I This bill is not cruel and mean spir- to receive assistance. rise in opposition to H.R. 4, the Per- ited. What is really cruel is the current The Republican bill is tougher on sonal Responsibility Act, and ask my incentive that pulls young women into children than it is on the deadbeat dads colleagues on both sides of the aisle to the system and holds them forever in who leave them behind. support the Deal substitute. this cruel trap. That is mean spirited. The Republicans waited until the last I want to commend my colleagues for That is cruel to both young women and moment to put child support enforce- developing a comprehensive welfare re- their children. ment provisions in their bill—and then form proposal which I believe is the We should continue our commitment removed the teeth that can bring in only real alternative for replacing the to the vulnerable and the needy, but it more than $2.5 billion (over 10 years) welfare check with a paycheck. I am a is high time our Federal welfare poli- for kids. strong advocate for welfare reform. Un- cies reflected that goal. Instead of attacking deadbeats, the fortunately, our current system re- Mr. GIBBONS. Mr. Chairman, I yield Republican bill attacks children. wards beneficiaries for staying on wel- 4 minutes to the gentleman from Mary- It eliminates the guarantee that fare. land [Mr. HOYER]. every child in this country has at least Welfare recipients are often penalized Mr. HOYER. Mr. Chairman, the cur- one good meal a day. when they get a job because they often rent welfare system is at odds with the Despite rhetoric to the contrary, the have less money than they had while care values Americans share: work, op- Republican bill cuts spending for child on welfare. portunity, family, and responsibility. nutrition programs $7 billion below the H 3364 CONGRESSIONAL RECORD — HOUSE March 21, 1995 funding that would be provided by cur- The key to an honest workfare re- Mr. TALENT. Mr. Chairman, will the rent law. quirement, and our bill has that, is gentleman yield? Instead, kids’ food money will be that it talks about percentages of the Mr. FORD. I yield to the gentleman used for tax cuts for the rich. total case load. When we say 50 percent from Missouri. Funding for the Women, Infants and of the welfare case load is going to be Mr. TALENT. Mr. Chairman, that is Children Program is also reduced—and working by the beginning of the next why our bill, and as the gentleman will provisions requiring competitive bid- century, it means 50 percent of the peo- recall, the gentleman from Arkansas ding on baby formula have been re- ple are going to be working by the be- [Mr. HUTCHINSON], and I wrote this lan- moved. ginning of the next century, and it guage in the Committee on Economic That decision alone will take $1 bil- means they are going to be working. and Educational Opportunities, that is lion of food out of the mouths of chil- They are not going to be looking for a why our bill focuses the work require- dren each year, and put the money in job an hour a week, they are not going ments on people on welfare who are the pockets of big business. to be sitting in a class that somebody closest to employability. Two-parent This simply defies common sense. calls education, they are going to be AFDC families, parents with school age No one in America could possibly working. That is the standard that we children or above, those people can go argue that this is reform. need to measure work everywhere to work. At a time when the need for foster throughout this debate. Mr. FORD. Reclaiming my time, Mr. care, group homes, and adoption is Mr. Chairman, the substitute offered Chairman, the vast majority of people likely to rise dramatically, the Repub- by the gentleman from Georgia [Mr. on welfare are single mothers on wel- lican welfare plan would cut Federal DEAL], and I appreciate his efforts in fare. The two-parent family component this regard, is flawed in several impor- support for foster care and adoption by is something that the gentleman ad- tant respects. For one thing, he defines $4 billion over 5 years. dresses, but the participation level at work as job search, so people can be We can do better. 50 percent by the year 2002 will not classified as working under his bill, We must do better. send anyone into the work force. This week, Democrats will offer NA- even though they are not working, Mr. GIBBONS. Mr. Chairman, I yield THAN DEAL’s bill as a substitute, which they are searching for a job. 3 minutes to the gentleman from Mas- reinforces the family values all Ameri- The States will presumably be given sachusetts [Mr. NEAL], a member of the cans share. the authority to define that. That is Committee on Ways and Means. It gives people access to the skills part of the problem that we had in the Mr. NEAL. Mr. Chairman, I thank they need, and expects work in return. past. He counts toward meeting the the gentleman for yielding time to me. It does not wage war on America’s work participation requirements, peo- Mr. Chairman, I have served as chair- children. ple who normally move off of welfare man, co-chairman of a task force here Most importantly, it is a common- anyway. In any given year there is like in the House, on the Democratic side, sense approach, which gives back the half a million people who will move off in support of reforming the current dignity that comes with work, personal welfare, at least temporarily. responsibility, and independence. My understanding of the gentleman’s welfare system. I think we can all substitute is that it permits those peo- agree today that the current system ill b 1730 ple to be counted by the States toward serves the taxpayer and ill serves the Mr. SHAW. Mr. Chairman, I yield 3 meeting the participation require- beneficiary. minutes to the gentleman from Mis- ments. They would get off welfare any- My experience in coming to this souri [Mr. TALENT], who has been very way, at least temporarily. If you are House is different than most of the active in the preparation of H.R. 4. going to do that, you need to count the Members because I served as mayor of Mr. TALENT. Mr. Chairman, I thank net increase of people who are getting a major city. We have all concluded, as the gentleman for yielding time to me. off welfare because of work. ELEANOR HOLMES NORTON has said, that Mr. Chairman, today we enter on an We are going to go into this in a lot the current welfare system is decadent. historic debate about a bill that will more detail in the days to come, Mr. Senator MOYNIHAN warned us 30 years replace a failed welfare system with a Chairman. The point I want to make ago that the system had to be changed. system that is based on marriage, on about work is that it has to be an hon- President Clinton 2 years ago sug- family, on responsibility, and on work. est work requirement, people working, gested that we should end welfare as I want to address in my remarks now, people actually working, not looking we know it, and he ought to get some and I am sure it will come up later as for a job, not consuming an enormous credit for that suggestion. well, the whole issue of work. amount of the taxpayers’ money to be Mr. Chairman, 1 out of 3 children in There have been past welfare reform trained for some kind of vice presi- America is currently born out of wed- bills which have purported to be dent’s job, but working. lock. One of my constituents, Barbara workfare bills. The 1988 bill, which was There are a number of States that Defoe Whitehead, has done remarkable a bipartisan bill, purported to be a are already doing that. It is very effec- research in drafting those conclusions. workfare bill. Everybody was going to tive in introducing the dignity of work In 1976, at the Democratic State con- work under the bill. Six years later we into those families. It is effective in vention in Massachusetts, I spoke in have less than 1 percent of the case moving those people who are almost support of a workfare requirement. load working. employable off of the welfare rolls and However, I want to say today in the People need to understand what work into work. That is how we ought to well of this House, that it is that sage has meant in the past to people who measure the success of the program. and principled conservative on the Re- have really been defending the status Mr. GIBBONS. Mr. Chairman, I yield publican side, the gentleman from Illi- quo. It has been an excuse for vast new 1 minute to the gentleman from Ten- nois, HENRY HYDE, who said ‘‘there is expansions of the welfare state, con- nessee [Mr. FORD]. no such thing as illegitimate children. structing vast new bureaucracies, and Mr. FORD. Mr. Chairman, on page 26 There may well be some illegitimate nobody ends up working, but they will of the Personal Responsibility Act, the parents.’’ We should acknowledge tell you that x percent of the case load work activities under the Republican today on the Democratic side that we is working. bill, one of the things the gentleman are the ones that pushed for a strong What they do not tell you is that has talked about, the Deal bill, the job child support component. they exempt up front a huge percent- search, is a part of that bill as well. The Republican alternative did not age of the case loads from the workfare Members on the gentleman’s side roll even speak to the issue of child sup- requirements, so if they say 50 percent people off the welfare rolls but they go port, and they called their bill the Per- of the people who are working, they out with no job. There are absolutely sonal Responsibility Act. What indi- have already exempted 80 percent or 90 no jobs at all. I need to just find out cates more personal responsibility than percent of the people from the begin- where it is in H.R. 4 that all these jobs supporting the children we bring into ning. will take place. this world? March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3365 Mr. Chairman, I offered in committee significant overhaul of our societal chance to be bipartisan on this issue. a series of amendments that stated em- safety net. The Senate will move, also. The Presi- phatically that those amendments had Go home and listen to your constitu- dent wants welfare reform. Let us do it the support of Bill Weld and Bill Clin- ents; these reforms represent the will right instead of trying to be the tough- ton. Not one of those amendments was of the people. No longer will the Gov- est or the meanest. passed at the Committee on Ways and ernment reward children for having Mr. Chairman, I include the following Means level. children. No longer will we reward fam- for the RECORD: Mr. Chairman, I am astounded today ilies for having a second baby when THE WHITE HOUSE, that there is no work requirement in they cannot afford the first. No longer Washington, DC, March 20, 1995. the Republican bill, but there is a work will the taxpayers pay to support ad- DEAR MR. LEADER: This week, the historic requirement in the Democratic bill. We diction. No longer will Washington im- national debate we have begun on welfare re- suggest that you have to be enrolled in pose top-down solutions to problems form will move to the floor of the House of a program of self-sufficiency from day they do not understand. Representatives. Welfare reform is a top pri- one. Work is the ultimate personal re- We will put an end to the big Govern- ority for my Administration and for Ameri- sponsibility. ment attempt to address these prob- cans without regard to party. I look forward If we want to reverse the decadent lems and return to a sense of respon- to working with Republicans and Democrats system of welfare, we have an oppor- sibility, a sense of right and wrong, to in both houses of Congress to enact real re- tunity to offer a hand up and not a the American safety net. form that promotes work and responsibility handout. That is what the Democratic Mr. Chairman, I congratulate the and makes welfare what it was meant to be: a second chance, not a way of life. proposals suggest. three chairmen in the three commit- In the last two years, we have put the Mr. Chairman, I want to say today tees on the fine work they have done, and this body for finally bringing this country on the road to ending welfare as we that the Democratic legislation offered know it. In 1993, when Congress passed our by the gentleman from Georgia [Mr. issue before the American people, and urge support of this bill. economic plan, we cut taxes for 15 million DEAL], is a piece of legislation that all working Americans and rewarded work over of us in this House ought to be able to Mr. GIBBONS. Mr. Chairman, I yield welfare. We collected a record level of child rally around. Just as importantly, it 2 minutes to the gentleman from New support in 1993—$9 billion—and last month I seems to me at the end of the day that Mexico [Mr. RICHARDSON]. signed an executive order to crack down on if we really want to honor personal re- (Mr. RICHARDSON asked and was federal employees who owe child support. In sponsibility, that we do that through a given permission to revise and extend two years, we have granted waivers from fed- strong and sound work requirement. his remarks.) eral rules to 25 states, so that half the coun- That is what our bill has done. Mr. RICHARDSON. Mr. Chairman, try is now carrying out significant welfare Mr. SHAW. Mr. Chairman, I yield welfare is the biggest hot button issue reform experiments that promote work and myself 10 seconds to tell the gentleman of the year. Let us reform welfare, not responsibility instead of undermining it. I have always sought to make welfare re- that was just in the well praising the try to see who is the meanest or the form a bipartisan issue. I still believe it can Deal deal that the Deal substitute toughest. Welfare has not worked. The Amer- and must be. Unfortunately, the House Re- would wipe out the work requirements publican bill in its current form does not ap- in the Massachusetts law. It is a law ican people want us to move individ- uals from dependency to work, they pear to offer the kind of real welfare reform that the gentleman should be very want us to cut Federal bureaucracy, that Americans in both parties expect. It is proud of and that he should protect. and they want us to fight fraud in the too weak on moving people from welfare to Mr. Chairman, I yield 2 minutes to work, not as tough as it should be on dead- current system. The Republican plan the gentleman from New Jersey [Mr. beat parents, and too tough on innocent chil- does not accomplish any of these goals, MARTINI]. dren. because they do not have the same Mr. MARTINI. Mr. Chairman, I Last year, I sent Congress the most sweep- goals most Americans have. They have thank the gentleman for yielding time ing welfare reform plan any administration washed their hands on the real welfare to me. has ever presented. It did not pass, but I be- problem, and moved on to finance for Mr. Chairman, 30 years of ever-ex- lieve the principles and values at its core the tax cut, finance on the backs of panding and growing anti-poverty pro- will be the basis of what ultimately does legal immigrants who pay taxes, abide pass: grams have not erased poverty from by the laws, and enrich our culture. First, the central goal of welfare reform our midst. We have spent $5 trillion The Republican bill does not even try must be moving people from welfare to work, trying to address this problem, yet the to solve the root problem of poverty, where they will earn a paycheck, not a wel- percentage of children living in pov- education, jobs, training, nutrition for fare check. I believe we should demand and erty is unchanged from what it was in kids. In fact, their plan does not con- reward work, not punish those who go to 1965. tain strict work requirements and ac- work. If people need child care or job skills Worse, we have seen illegitimate tually creates disinitiatives to work. It in order to go to work, we should help them births more than quadruple, and have destroys temporary child care and get it. But within two years, anyone who can subsidized the rise of the single-parent transportation for people who want to work must go to work. This is not a partisan issue: Last year, 162 family in our country. work. The Democratic plan is strong Today nearly 30 percent of all births of 175 House Republicans co-sponsored a bill, on work, actually requiring proposals H.R. 3500, that promoted work in much the in our Nation are illegitimate. In 1992, that enable recipients preparing for the Federal Government alone spent same way as our plan. But the current House and engaging in work, providing re- Republican bill you will consider this week $305 billion on 79 overlapping means- sources for the assistance needed to be- fails to promote work, and would actually tested social welfare programs, but our come self-sufficient, such as education, make it harder for many recipients to make problems still persist. training, child care, and transpor- it in the workplace. It cuts child care for Congress and the bureaucracy in tation. people trying to leave welfare and for work- Washington continue to insist that The Democratic plan supports chil- ing people trying to stay off welfare, re- they know what the poor in our com- dren, maintaining the national com- moves any real responsibility for states to munities need. For years they have mitment of providing a safety net for provide job placement and skills, and gives been beholden to the ill-conceived no- kids, while requiring their parents to states a perverse incentive to cut people off tion that we can only consider our- become self-sufficient, guaranteeing whether or not they have moved into a job. When people just get cut off without going to selves a compassionate Nation if Wash- child care to families while the parents work, that’s not welfare reform. I urge you ington prescribes solutions to societal are preparing for work or working, and problems. to pass a welfare reform bill that ends wel- maintain the national commitment to fare as we know it by moving people from Mr. Chairman, this system has done protecting children from abuse and welfare to work. worse than fail us. It has betrayed us. abandonment. Second, welfare reform must make respon- Something needs to change, but for b 1745 sibility a way of life. We should demand re- years this body has been unwilling to sponsibility from parents who bring children address welfare reform. Finally, today, Mr. Chairman, this is a historic bill into the world, not let them off the hook and we are debating a genuine attempt at a and a historic debate. We have a expect taxpayers to pick up the tab for their H 3366 CONGRESSIONAL RECORD — HOUSE March 21, 1995 neglect. Last year, my Administration pro- other meal each day, at a cost of only $1 per Mr. SHAW. Mr. Chairman, I yield 4 posed the toughest child support enforce- student. minutes to the gentleman from Geor- ment measures ever put forward. If we col- In the last few days Republicans have been gia [Mr. COLLINS], a member of the lected all the money that deadbeat parents should pay, we could move 800,000 women and claiming they are not really cutting the School committee. children off welfare immediately. Lunch ProgramÐapparently they realize how Mr. COLLINS of Georgia. I appre- I am grateful to members in both parties ludicrous their plan is and are running for ciate the gentleman yielding me the for already agreeing to include most of the coverÐbut this is a false claim: Their sup- time. tough child support measures from our wel- posed spending ``increases'' don't take into ac- Mr. Chairman, the President during fare reform plan. This week, I hope you will count rising food costs, inflation, or increases his campaign ran on the platform of go further, and require states to deny drivers in number of kids who need the program; in changing welfare. In fact he said, and professional licenses to parents who ‘‘We’re going to end welfare as we refuse to pay child support. We have to send fact, many of the increases were written on a clear signal: No parent in America has a committee worksheets, not in the proposed know it today.’’ right to walk away from the responsibility legislation. Well, to end it does not mean you re- to raise their children. New State allocation formulas are flawedÐ form it. It means you change it. Be- Third, welfare reform should discourage they are based on number of meals served in cause to reform it only just changes teen pregnancy and promote responsible the shape of it and leaves the same sub- parenting. We must discourage irresponsible a State, without regard to whether meals are served free to poor children. stance. Is change necessary? It is long behavior that lands people on welfare in the overdue and the answer is yes, it is. first place, with a national campaign against Also, States may divert 20 percent of its nu- teen pregnancy that lets young people know trition funding to other programs under the Re- Why? It is because 26 percent of the it is wrong to have a child outside marriage. publican proposal. Flexibility is a popular families in this country are in some Nobody should get pregnant or father a child theme right now, but the Republican plan sim- way, some shape, some form or fashion who isn’t prepared to raise the child, love ply abandons any Federal safety net for inno- drawing some type of government ben- the child, and take responsibility for the efit that comes under the entitlement cent, hungry kids. child’s future. of welfare. Twenty-six percent of the Can Republicans truly say they are not dis- I know members of Congress in both par- families. ties care about this issue. But many aspects mantling the school program? No, but they What is the real problem with wel- of the current House plan would do more can say they've saved billions of dollars to fare, the real root of the problem? It is harm than good. Instead of refusing to help help their wealthy friends at tax time. called cash. The old saying cash is the teen mothers and their children, we should For the food programs alone, 175,000 New require them to turn their lives around—to root of all evil. Cash has been the real Mexicans will become ineligible for assistance: live at home with their parents, stay in problem and is the real problem in wel- State estimated to lose $5 million for School school, and identify the child’s father. We fare. Lunch Program, $21 million for child and adult should demand responsible behavior from What is the history of cash in wel- people on welfare, but it is wrong to make care food programs, and $45 million for food fare? It goes back to the mid 1930’s. In small children pay the price for their par- stamps. fact it was called Aid to Dependent ents’ mistakes. New Mexico also slated to lose $21 million Finally, welfare reform should give states Children, later called AFDC. It was ac- for assistance for needy families, $21 million tually created in 1935 as a cash grant to more flexibility in return for more account- for blind and disabled children, and $5 million ability. I believe we must give states far enable States now, I want to repeat more flexibility so they can do the things for child care costs. that, to enable States to aid needy they want to today without seeking waivers. Can the Republicans truly say they have not children, children who did not have fa- But in its current form, the House Repub- devised a cold-hearted, ineffective program? thers at home. lican bill may impede rather than promote Can Republicans deny that they are creat- Was the AFDC program intended to reform and flexibility. The proposal leaves ing a long list of unfunded mandates? States states vulnerable to economic recession and be an indefinite program? No, it was have asked for flexibility. But clearly they have not to last forever. The priority of it demographic change, putting working fami- not asked for the additional burdens the Re- lies at risk. States will have less money for was to help children whose fathers child care, training, and other efforts to publican welfare plan imposes. were either deceased or disabled or un- move people from welfare to work. And there Finally, lost in much of the debate over wel- able to work. The program was sup- will not be any accountability at the federal fare reform is the fact that the Republican plan posed to sunset after the Social Secu- level for reducing fraud or protecting chil- is financed almost entirely on the backs of rity laws were changed but they never dren. We will not achieve real reform or legal immigrants. were sunsetted. When AFDC was cre- state flexibility if Congress just gives the That's rightÐnot undocumented workers, ated, no one ever imagined that a fa- states more burdens and less money, and but legal immigrants. fails to make work and responsibility the ther’s desertion and out-of-wedlock law of the land. Their plan denies nearly all benefits to peo- births would replace the father’s death While the current House plan is weak on ple who pay taxes, abide by the laws, enrich or disability as the most prevalent rea- work, it is very tough on children. Cutting our culture and our economy. son for triggering the need for assist- school lunches and getting tough on disabled Studies show that immigrants actually cre- ance. No one ever dreamed that fathers children and children in foster care is not my ate a net benefit of $28 billion to the American would abandon children as they have. idea of welfare reform. We all have a na- economy. In order to facilitate the sunset of tional interest in promoting the well-being But Republicans haven't studied the real of our children and in putting government the AFDC program, in 1939 the Federal back in line with our national line. facts to know what their cost and block grants Government expanded Social Security I appreciate all the work that you have will createÐbecause that's never been their benefits by adding survivors benefits. done on this issue, and I am pleased that the goal. This was to help wives and children of country is finally engaging in this important Don't be deceivedÐthis entire plan is about workers who died at an early age. debate. In the end, I believe we can work it tax relief for rich people, it has nothing to do In 1956 the Federal Government out together, as long as we remember the with reason or ending welfare as we know it. added disability benefits to Social Se- values this debate is really about. The dig- Democrats are strong on work: Democratic curity to try to cover those children nity of work, the bond of family, and the vir- proposals actually require that recipients pre- tue of responsibility are not Republican val- whose fathers were unable to work be- ues or Democratic values. They are Amer- pare for and engage in work; provide re- cause of some severe disability. But ican values—and no child in America should sources for the assistance needed to become rather than sunset AFDC, the program ever have to grow up without them. self-sufficient, such as education, training, continued to grow and has ballooned in Sincerely, child care, and transportation. recent years, because the very nature BILL CLINTON. Democrats support children: Democrats of the program has encouraged illegit- Republican plan doesn't attack fraudÐin maintain the national commitment to providing imacy and irresponsible behavior. fact it will dismantle many programs where a safety net for kids, while requiring their par- Let me give Members a few statis- fraud has been nonexistentÐsuch as the Nu- ents to become self-sufficient; guarantee child tics. In 1940, 41 percent of children on trition and School Lunch Programs. care to families while the parents are prepar- AFDC, their father had died. The fa- These programs have undisputed health ing for work or working; maintain the national thers had abandoned 30 percent of the and education benefits, and nutritious meals commitment to protecting children from abuse children. The fathers were disabled to are served to children, who may not get an- and abandonment. work for 27 percent. In 1992, listen to March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3367 these figures: 1.6 percent of the chil- occupation, professional, and driver’s are going to be frightened about losing dren’s fathers have died; 86 percent of licenses their driver’s license? Take their pro- children on AFDC, their fathers have We owe it to our children to have the fessional license. That is a good idea, abandoned them; and only 4.1 percent, financial support of both parents and too. Now they will not be able to work. the fathers are disabled to work. to the taxpayers who fund the irrespon- That is another person on welfare. Mr. Chairman, the AFDC system has sible behavior of deadbeat parents. Let’s garnish their wages to the IRS. created a problem, a real problem. It I urge my colleagues to lend their We will find ways to get after their has encouraged irresponsible behavior support to the Deal substitute and real money. by embracing a philosophy that says welfare reform. Food stamps—$1.8 billion wasted on the government will take care of a Mr. GIBBONS. Mr. Chairman, I yield food stamps through fraud and abuse child if a father won’t. H.R. 4 stops this 2 minutes to the gentleman from Penn- and we are on this floor talking about problem. It stops cash benefits in cer- sylvania [Mr. FATTAH]. we can’t reform it, we can’t fix it. We tain years, requires personal respon- (Mr. FATTAH asked and was given are going to fix it. We are going to re- sibility and it gives the States the permission to revise and extend his re- form it. flexibility, the very same thing that marks.) What is wrong with work? I can’t be- was supposed to happen in 1935 to han- Mr. FATTAH. I thank the gentleman lieve what people are saying here. Not dle the situation. from Florida [Mr. GIBBONS] the distin- enough job training. Mr. GIBBONS. Mr. Chairman, I yield guished ranking member for his gra- I worked as a dishwasher. I cleaned 2 minutes to the gentleman from Ala- cious decision to allow me some time. toilets. My grandmother came from bama [Mr. BROWDER]. Mr. Chairman, we begin now a debate Poland. She made 28 beds a day in a Mr. BROWDER. I thank the gen- on one part of the process of reforming Travel Lodge Motel. She cleaned 28 toi- tleman for yielding me the time. welfare in the United States of Amer- lets a day to be an American citizen. Mr. Chairman, I rise in strong sup- ica. I would like to point to two re- She learned to speak English. She was port of the Deal substitute to the Per- ports, one by the Progressive Policy In- proud to be an American and proud to sonal Responsibility Act. stitute, and the other by the Cato In- be in this country. This substitute bill reforms welfare stitute which refer to corporate welfare by helping those who want to help in this country, and they talk about But today, no, jobs aren’t good themselves. It does not punish the the direct subsidies of Federal taxpayer enough. Can’t take that job. Don’t have poor. It will not cut school lunches. It money, some $86 billion in direct sub- enough training. will not force children off SSI without sidies to corporations, and another $100 I was a wrecker, an auto mechanic. I due process. billion or so in tax breaks to aid to de- worked at a golf course. Now I am a The goals of work and responsibility pendent corporations in our country. proud Member of the United States are achieved by combining work first I find it interesting that this Con- Congress. No job is beneath me. with time limits and requirements that gress and the new majority would want But we are talking like unless we recipients follow an individual respon- to begin its assault on welfare by at- given them an appropriate level of sibility plan. In addition, the sub- tacking children and families who are training to seek the job that they have stitute’s estimated $10 billion in sav- in the greatest need rather than at- always dreamed of, then they are going ings will be earmarked for deficit re- tempting to address a more fair ap- to stay on welfare and we are going to duction. proach in terms of this issue that could spend billions and billions of dollars of Mr. Chairman, I hope that after the have been followed if one would have our tax dollars on deadbeats, on people last speech is given and the final vote taken the time to look at these re- that don’t want to work. is cast, that the Deal substitute will ports. The $84 billion that would be af- I have got to tell you, this Congress prevail. This plan will really help our fected by the actions relative to aid to has got to be serious about reform, not fellow Americans move from welfare to families with dependent children and about just throwing out threats, hav- work. the child nutrition programs and ing lunches with children in schools in Mr. GIBBONS. Mr. Chairman, I yield school lunches, those savings could our district, saying that the Repub- 1 minute to the gentleman from Penn- have easily occurred by scaling back licans are going to end feeding children sylvania [Mr. HOLDEN]. some of the outrageous benefits that at school lunches, the Republicans are Mr. HOLDEN. I thank the gentleman we provide as a Nation supposedly in going to starve children. for yielding me the time. fiscal crisis to corporations, multi-bil- Don’t believe it for a minute, Amer- Mr. Chairman, I rise today in strong lion-dollar corporations each and every ica. We are not going to starve our support of the Deal substitute and its year. children. A 4.5-percent increase per provisions for greater child support en- I would just ask that as we begin this year in the Republican bill for school forcement. debate that the Members of this House lunches increased. We are not going to Members of this core group of mod- be mindful of the contradictions of this starve people. We are going to take erates have worked hard to expand process today. care of America. We are going to make upon last year’s mainstream forum Mr. SHAW. Mr. Chairman, I yield 2 it work again. proposal and build a consensus among minutes to the gentleman from Florida Mr. GIBBONS. Mr. Chairman, I yield those wishing to make meaningful and [Mr. FOLEY]. 3 minutes and 40 seconds to the gen- long-lasting changes to our current Mr. FOLEY. I thank the gentleman tleman from Utah [Mr. ORTON]. welfare system. from Florida [Mr. SHAW], the chair- (Mr. ORTON asked and was given As the former sheriff of Schuylkill man, for his work on this very, very permission to revise and extend his re- County in my home State of Penn- important issue. marks.) sylvania, I have firsthand knowledge of When I go home and I read the papers Mr. ORTON. I thank the gentleman how difficult it can be to collect unpaid over the weekend, I wonder what we for yielding me the time. child support. are all doing up here because the re- Mr. Chairman, there are few things Under the Deal substitute, all par- ports are very draconian. that more people agree upon than the ents would be accountable to their The Republicans are taking food out fact that our welfare system is a fail- children through: of the children’s mouths. That we are ure. Today, our welfare system often First, increased paternity establish- really just throwing people out in the provides people who choose not to work ment; streets. with a better deal than those who Second, central registries of child The President suggests deadbeat choose to take a job. I am pleased that support orders in each State; dads, we take their driver’s license. Congress has committed to reform this Third, uniform interstate enforce- They must be quaking in their boots failed system. ment procedures; and that we are going to take their driver’s However, it is not enough to say we Fourth, punitive measures for dead- license. have reformed the welfare system. We beat parents such as direct income These are people who are not paying must reform the system so that it withholding and State option to revoke for their children’s welfare and they works. By that, I mean we must create H 3368 CONGRESSIONAL RECORD — HOUSE March 21, 1995 a system that meets what the Amer- I find it astounding that a bill can si- fare reform, which is another acknowl- ican people consider the premise of multaneously restrict successful state edgment that indeed welfare systems welfare reform: a system based on reform efforts and offer no protection in our country have to be changed. work, that provides transitional assist- to people on welfare who are willing to They attack ours as saying why de- ance to those in need, and that does work—it is the worst of both worlds. nationalize welfare and allow 50 new not harm innocent children. The bill guarantees that people will get bureaucracies to crop up in the 50 Many of the things I am hearing kicked off the system if they meet a States. The answer is a question: Has about the Personal Responsibility Act certain time limit, but it ties the the national program worked? The an- today sound right on target. For in- States’ hands in designing a program swer is no. They acknowledge that it stance, I support State flexibility and that would avoid this outcome for peo- has not worked or else they would not allowing programs to better meet the ple who are willing to work. be offering substitutes or calling for a needs of unique communities. We are back to the old one-size-fits-all Fed- bipartisan effort now after 40 years, In addition, I agree that we should eral solution, only this time we are prohibiting after 40 years to try to reform the sys- discourage out-of-wedlock births and certain actions rather than mandating them. tem. promote marriage. Finally, I whole- Congress is on one hand saying that it trusts The question is: Shall we do some- heartedly agree that we should end the States to make sensible fair choices about thing about it now, move ahead boldly cycle of dependency. block grant monies and on the other than say- and fearlessly to try to change the sys- In fact, I think the majority of the ing States must adhere to federal restrictions. tem? The answer is yes, and it is Nation would join me in commending I am also concerned that there is no method these laudable goals. The unfortunate provided under the Personal Responsibility Act agreed to by every American who thing about the Personal Responsibil- that allows states to contest the restrictions thinks about the subject. And it is ac- ity Act is that it does not achieve defined by the block grant if they hinder the knowledged, I repeat, by the new mi- these goals. State's ability to meet the purposes outlined in nority, the now new seekers of welfare Instead of allowing State flexibility, section 401 of the bill. reform whom we asked to join with us the bill limits the people who can be The Utah program required 46 Federal Gov- in passing meaningful new majority- served with block grant funding. These ernment waivers. I think it would be a tragedy type of welfare reform. limitations directly contradict the if Utah had not had an opportunity to address I thank the gentleman for yielding stated purpose of enhancing State some of the incredible perverse incentives in me this time. flexibility. I would like to illustrate the current system. In the same light, I do not Mr. GIBBONS. Mr. Chairman, I yield the negative impact that restrictions want to see a new Federal system created myself such time as I may consume. in this bill will have on successful re- under which States like Utah have no means Mr. Chairman, the gentleman from form efforts currently being imple- to address problems with Federal dictates. Pennsylvania is a clever debater, but mented at the State level. Conservative mandates are no better than lib- his facts are wrong. I introduced a wel- In Utah, we have a demonstration eral mandates. fare reform bill last year, had hearings program that is enjoying great success One thing is clear about the bill before us: on it, ran into a filibuster of great in assisting people into the labor mar- a successful program in my district would not magnitude and we could not make ket. The AFDC caseload in one area be able to function in the same way. This bill progress on it. has decreased by 33 percent in just 2 would force a State like Utah to create a par- We reformed the welfare program in years—the best part of this statistic is allel State bureaucracy to serve people that do 1988. We reformed it in the 1960’s. No that it represents people who are work- not meet Federal definitions. one here, no one here I say to the gen- ing in private sector jobs. Proponents of this bill claim that they trust tleman from Pennsylvania [Mr. GEKAS] The premise underlying the Utah states with more flexibility, but instead of cre- defends the current system. We have program is universal participation: ev- ating a bill that allows States to operate varied all been trying to change it. eryone works toward self-sufficiency. versions of welfare reform, they have created Mr. Chairman, I yield 2 minutes to This program has enjoyed national and a restrictive, uniform approach to welfare re- the gentleman from California [Mr. local support, and is exactly the kind form based on Federal assumptions. I cannot BROWN]. of program you would expect welfare support such a restrictive and narrow view of (Mr. BROWN of California asked and reform to be based upon. Certainly, you reform. was given permission to revise and ex- would expect that the Utah program b 1800 tend his remarks.) would be allowed to continue down the same successful path under a reformed I want to say I am concerned that the Mr. BROWN of California. Mr. Chairman, I system. bill that we are looking at will not in have followed the debate over the withdrawal Yet the Utah State Department of fact allow State flexibility. I have pro- of Federal support of poverty programs which Human Services is concerned because posed an amendment which would has passed for a debate on welfare reform restrictive work participation defini- grant flexibility to States. Unfortu- over the past few weeks with considerable in- tions in the Personal Responsibility nately that amendment will not be al- terest. It seems to me that we have been Act pose a threat to the program. A re- lowed to this bill. avoiding a broader discussion of the deep strictive definition of participation Mr. SHAW. Mr. Chairman, I yield structural problems in our society which the means that a person faithfully follow- such time as he may consume to the growth of welfare expenditures represents. I ing a self-sufficiency plan specifically gentleman from Pennsylvania [Mr. do not want this debate to end without some designed to best assist them in enter- GEKAS]. discussion of the real scope of these prob- ing the labor market could be consid- Mr. GEKAS. Mr. Chairman, I thank lems. ered a nonparticipant by the Federal the gentleman for yielding me this The conservative Republicans seem to be Government. The Federal Government time. proceeding from the assumption that the wel- should not be creating a definition that Mr. Chairman, did you hear what I fare system has created poverty in this coun- prevents States, who are dealing di- heard here today? Members of the loyal try, and that the welfare system is the prob- rectly with individuals, from determin- opposition, the new minority one after lem. If so, then it follows that by excluding ing what would best assist a person another acknowledged that it is time people from the welfare system, the problem getting a job. to reform welfare. That is an astonish- will be solved. Do any of us really believe Ironically, while the bill would not ing acknowledgment on the part of the this? allow states to count many active par- minority, the loyal opposition. The ultimate absurdity in all of this is that ticipants toward meeting mandatory And then they proceed on top of that we all seem to be under the impression that rates, people who have been forced to to attack the bold and fearless effort by cutting the expenditures on these pro- leave the system because of reaching a that is being made by the new majority grams, we will save taxpayer dollars. This is time limit could be counted toward to do something about it. And, in the not at all obvious to me. We are offering our meeting work participation rates even words of many of the people on the new constituents a false choice: pay for poverty if they have never received any work- minority, they want to offer a sub- programs, or save money and use it more pro- related services. stitute, some new refinement of wel- ductively on something else. The other things March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3369 most commonly acknowledged are: deficit re- The real problem is unemployment, and the means that there might actually be 5,280 pub- duction, tax cuts, and increases in defense culture of despondency and poverty that it cre- lic and private sector jobs available in the spending. ates. We seem to be proceeding under the as- County right now. And yet, we have a need for The real choice that we face is not whether sumption that there are enough jobs in our 64,000 jobs if we are going to employ at least to pay or not pay to deal with the problems of economy to accommodate those who are now one adult from each welfare family. poverty. It is whether we will pay for positive on the welfare rolls, and that those now re- Obviously, if we are going to tell adults in programs that will move people permanently ceiving benefits will be equipped to accept the welfare families to just go and get jobs, which off of welfare and out of poverty, or whether jobs that do exist. I doubt it. I would draw your is what the Republican welfare proposal would we will pay for programs that deal only with attention to an example of the type of portrait do, then we are setting up these familiesÐand the negative consequences of poverty such as that we have been presented with by the ourselves as public policy creatorsÐfor a real crime, homelessness, and poorly educated media of the ``True Faces of Welfare.'' disappointment. The bottom line: without some children, to name a few. We are about to An article by this title appeared in this kind of public commitment to create large choose the latter. month's Readers Digest. We have all seen numbers of entry-level jobs, we cannot have a And Mr. Chairman, make no mistake, the many like it recently. The people described in solution to the problem of welfare dependency programs to deal with the negative con- this article are not the type of people that en- which we seek to solve. sequences of poverty already cost our tax- gender sympathy among our hard-working, If we consider the bigger picture, the macro- payers dearly and, I strongly believe, will cost taxpaying constituents. In fact, I suspect that economic trends are even less comforting. our taxpayers even more under the Repub- these descriptions of unmotivated individuals The current trend in both the public and pri- lican welfare reform plan. For example, if we who are irresponsible parents and frequent vate sector is downsizing, and economists simply throw people off of welfare and provide participants in criminal activities make it easy spend a good deal of time monitoring labor no job or safety net income, which is what the for us to vote to cut the system that subsidizes productivity, hoping to see it increase. What Republican plan would do after two years, their antisocial behavior. But I would like us to does this mean in human terms? Downsizing then I think we can be assured that crime will think carefully about these portraits from the means fewer people doing more work (or the rise. To deal with this we will need more po- perspective of an employer. We are being led same amount of work). What is an increase in lice, more judges, more prisons, and more to believe that by cutting them off, these peo- labor productivity? More units of product out- correctional officers. ple will enter the labor force. But would you We will also need increased expenditures hire such a person? Would this person, who put for fewer units of labor input. This is fine on public health to control dangerous commu- we are judging to be an unacceptable recipi- if overall output rises, but if it does not, this nicable diseases which are associated with ent of public assistance, be a desirable job simply means that fewer people are doing poverty such as tuberculosis (which is already candidate? Absolutely not. Serious interven- more work. Our population is not downsizing. on the rise in some of our cities) and AIDS. tion would be required to convert these people It continues to upsize and probably will for the Non-communicable diseases such as drug ad- from destructive to productive members of this foreseeable future. Therefore, we need more diction, alcoholism, and malnutrition which al- society. It is far more likely that without inter- jobs, not fewer. ready cost us too much, are all likely to in- vention these people will turn to criminal Mr. Chairman, I strongly believe a crease. In short, Mr. Chairman if you think that means of survival rather than to jobs in the le- successful welfare reform package the crime and public health problems are bad gitimate economy. would have work as its central focus. It now in our country, wait until we see the full These articles are also doing a serious in- would cost more money in the short effects of the Republican welfare reform bill. justice to the many poor in our country who run, but save money as people move The current welfare system is not working, continue to struggle to be productive, respon- into permanent jobs. We should not be we all know that. It has not alleviated poverty sible citizens in the face of insurmountable afraid to spend money to combat the in our country. Although there are people who odds. There are many on public assistance compelling suite of social problems are temporary recipients of this assistance, who work hard every day for wages that are that stem from the existence of pov- there are many who are permanently trapped simply too low to allow them to rise above the erty. We took an oath to defend this below the poverty level, and who merely sur- poverty level. We should not forget these peo- nation against enemies foreign and do- vive by making these programs a way of life. ple or lump them together with the unsympa- mestic. At this time, I can think of no I do not know why we are expressing any thetic persons described above. They need greater domestic enemy than the per- sense of outrage over this. The old adage, our help, and they should get it. sistent poverty in our urban and rural ``You get what you pay for'' certainly applies Even if the current welfare recipients were areas. here. We have not designed or been willing to ready and qualified to work are there enough If there are not enough jobs in the pay for a suite of programs aimed at moving jobs to accommodate them? Unfortunately, the private sector then we should create people from poverty to prosperity. We have Department of Labor does not collect data on them in the public sector. This is not essentially paid for maintenance, and that's the number of available jobs that exist. How- as radical as many of my colleagues what we have. The situation of inherited pov- ever, I decided to investigate the job availabil- will suggest. We justify many Federal erty that Michael Harrington and Robert ity in my region of California by examining as expenditures on the basis that they Lampman warned of back in the early 1960s much data as are available. I believe that what will create jobs. There is much work to has been realized. I found for my region will mirror what exists be done in this society. If the private The nation is therefore beginning the six- throughout the country. In San Bernardino sector cannot or will not pay for it, it ties with a most dangerous problem: an enor- County, CA there are 64,000 AFDC welfare is the role of Government to do so. mous concentration of young people who, if families, which means that at least one adult Through programs that are focused on they do not receive immediate help, may in that family is unemployed or employed at creating jobs that pay a living wage well be the source of a kind of hereditary such a low income level that they still receive and training people to fill them we can poverty new to American society. If this transform taxtakers into taxpayers, analysis is correct then the vicious circle of some AFDC benefits. Thus, if we want to fully the culture of poverty is, if anything, becom- employ at least one adult from each of these welfare recipients into workers, and ing more intense, more crippling, and prob- families, we need to have 64,000 vacant jobs. slums into communities. lematic because it is increasingly associat- Mr. Chairman, that is a lot of jobs. Now, We must also stop pretending that ing itself with the accident or birth. (Mi- how many vacant jobs are there in San the problem of illegitimate births is chael Harrington; p. 183: The Other America Bernardino County? The two daily newspapers strictly a women’s problem. We are 1962) in the county listed a combined total of 1,363 going to have to stop trying to legis- We cannot hope to correct this situation by jobs in recent Sunday classified ads. Clearly, late morality and acknowledge that falsely diagnosing the problem. And we cannot not all jobs openings are listed in newspapers, there are many female-headed house- diminish Federal, State, or local poverty-relat- but the classified ads listed enough jobs to ac- holds with children, and child care and ed expenditures until we make a commitment commodate only 2 percent of our region's wel- health care are necessary support serv- as a nation to have full employment as an fare recipients. A more precise figure comes ices to enable these women to work. economic goal and recognize its imperative as from the State of California employment office, What will we have accomplished if the a social goal. It is our failure to deal with this which currently has listings for 1,056 jobs in standard of living for families actually problem that has resulted in the rapid growth San Bernardino County. A rule of thumb is declines when parents leave welfare of welfare expenditures that have occurred that State employment offices have listings for and go back to work? Ironically, ob- over the past decade. about 20 percent of available jobs. That taining employment and losing public H 3370 CONGRESSIONAL RECORD — HOUSE March 21, 1995 child care assistance and health bene- The alien workers enter the country Mr. GIBBONS. As we come to the fits often forces many working poor legally and are paid the same rate as a close of this debate, Mr. Chairman, I families back onto the welfare rolls. If U.S. citizen would be employed in the yield 2 minutes to the gentleman from our goal is to achieve short term Fed- same position. Tennessee [Mr. FORD], the ranking mi- eral savings, then we will have suc- These workers are, again, legally nority member, the ranking Democrat ceeded in our efforts through this legis- here for a specific time and for a spe- on the Human Resources Committee lation. But if we are sincere about lift- cific reason. It seems appropriate that and a member of the Ways and Means ing families out of poverty, then let’s these invited workers should be able to Committee. do something that will move parents to receive limited assistance like medical Mr. FORD of Tennessee. Mr. Chair- work and support parents in work attention at a migrant health center. man, I thank my colleague for yielding through real reform. Let me now address the school meal me this time. We cannot have more people working with- provisions included in the bill. Al- Mr. Chairman, I would like to say out doing much more in the area of job train- though liberals consider me something that the gentleman from Florida [Mr. ing and education. Many of those who have of a pinch-penny, even most severe SHAW] and the Republicans on the become permanent welfare recipients are illit- critics had never accused me of schem- Committee on Ways and Means have erate and lack the basic skills necessary to ing to take food from the mouths of talked about this welfare reform bill as qualify for a decent paying job. Until they ac- impoverished children. At least, not being tough love. I would have the gen- quire these skills, they will remain permanently until recently. tleman from Florida know today that What inspired a harsh reassessment unemployed, especially since our economy this is tough luck for the children of of my character, and the character of has changed to require higher skill-levels of this country. When you look at what other House Republicans, is the pro- workers. If we are to finally recognize child- this bill does, it punishes the child posed overhaul of food and nutrition rearing as the important and complex job that until the mother is 18 years old for programs that provide nourishment for it is then we can acknowledge its importance being born out of wedlock. And we the nation’s needy school children. must do something about children by paying women to do this job. However, As a Member of the Opportunities being born out of wedlock, but this is many will require job training in this area as Committee, the committee which well, since many, as teenage mothers, have worked diligently to craft the school not an answer. not acquired the necessary parenting skills meal reforms contained in this welfare This is what we are trying to do that they need to raise children to be produc- reform bill, I support efforts to sim- today to give to the wealthiest of this tive citizens. plify regulations, cut red tape and Nation, at the cost of those who cannot If you want to end the Federal Welfare Pro- grant States greater flexibility in oper- pay those lobbyists to represent them gram, and pass this national problem and all ating school food and nutrition pro- here in the halls of Congress. of its related social ills onto the States, vote grams. You punish children. You are weak for this legislation. But if we want to end pov- Essentially, here is what these on work and you are mean to children erty, empower all of our citizens, and diminish changes would mean: in this country for the purpose of a $600 the expenditure of funds on welfare programs Current separate State and Federal to $700 billion tax cut, with 80 percent and social damage control, we had better start applications, rules on eligibility and of those revenues going to the rich and over again. Until we are ready to acknowledge regulations would be replaced with a wealthy of this Nation. the true dimension of this problem and have single system. I do not know how, the gentleman the political will to allocate the resources to States could allow school districts from Florida [Mr. SHAW] and the Re- solve it, we will be doing nothing more than greater latitude in meeting their spe- publicans, would have the heart to passing this problem on to future generations. cific needs. come here to say that we are going to Mr. SHAW. Mr. Chairman, I yield 2 Funding would be made in block be weak on work, not offer a work pro- minutes to the gentleman from North grants to the States, which would es- gram that we can put people who are Carolina [Mr. BALLENGER]. tablish their own spending and pro- on welfare to work to make an income Mr. BALLENGER. Mr. Chairman, I gram priorities. to provide and take care of their chil- thank the gentleman for yielding me The net results of these changes dren. But instead, it is like you roll this time. would be to increase—not reduce— them on a conveyor belt and they roll I would like to take this opportunity funding for nutrition and food pro- off after 5 years and that is the end of to address and explain two provisions grams, and to simplify (not further it. People are off of welfare, they are in contained in the Republican welfare re- complicate) their administration. our cities, they will be in our counties, form bill, a bill which I fully support That, in a nutshell, is what all the they will be in our neighborhoods, and because it fixes our broken welfare sys- fuss is about. Does that sound like they will be on our doorsteps. tem. cruel indifference? Do not be so cruel. We as Democrats As we are all aware, the Personal Re- I do not deny—or apologize for— want a bill. That is why we have em- sponsibility Act rightfully prohibits il- being frugal with the taxpayer’s braced the Deal bill, and we think the legal aliens from receiving aid under money. At the same time, I do not be- Deal bill makes plenty of sense, and all federal and state means tested pub- grudge even one of the billions of dol- the Deal bill should pass this House, lic benefits programs. The bill also lars spent on food for hungry children. and we should reject the Republican bars legal nonimmigrants like stu- Indeed, if we are to err in our estimate bill that is before the House today. dents, tourists and businessmen from of how much should be spent on this Mr. SHAW. Mr. Chairman, I yield 2 receiving the same benefits, with a few vital program, I would prefer come minutes to the gentleman from Mary- exceptions. One of these exceptions al- down on the side of generosity. land [Mr. BARTLETT]. lows temporary agricultural workers However, much of the money we are (Mr. BARTLETT of Maryland asked to remain eligible for medical services now earmarking for nutrition is being and was given permission to revise and provided through migrant health cen- consumed by a Federal supply and reg- extend his remarks.) ters and a few other means tested pro- ulatory system that is needlessly com- Mr. BARTLETT of Maryland. Mr. grams. We are not explaining the eligi- plex and wasteful. Chairman, there is an old saying that bility of these workers for other bene- President Clinton, among other critics, has ‘‘if it ain’t broke, don’t fix it.’’ Well, fit programs, merely allowing them to attempted to portray this proposal as Repub- the American people know that our remain in the programs for which they lican indifference disguised as reform. That is welfare system is broke, and they are are currently eligible. It is important pure poppycock. demanding that we do something about to note that employers request these What we are attempting to do here is intro- it. workers be brought into the United duce administrative efficiency and fiscal sanity In the roughly 30 years since Lyndon States, and the request is only granted to a program that will nurture children rather Johnson declared war on poverty, we after the employer demonstrates that than continue to feed an insatiable Federal bu- have spent nearly $58 trillion, that is all measures have been used to employ reaucracy. If that makes me a tightwad, so be trillion with a ‘‘T,’’ on the war on pov- U.S. citizens for the vacant positions. it. erty, a war we are clearly losing. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3371 In 1965 we had a 7-percent illegit- of Representatives. The gentleman wrong. Support the Responsibility Act. imacy rate. In 1990 it increased nearly from Florida [Mr. GIBBONS] filed the Support the Republican bill. fivefold to 32 percent and it is still President’s bill, that is true. The CHAIRMAN. All time which is climbing. Only 11 percent of families b 1815 dedicated to the Committee on Ways on AFDC spent any time on a monthly and Means has expired. basis getting more education, or look- In the subcommittee we had one or Under the rule, the gentleman from ing for work. And fully 65 percent of all two hearings, that is true. The bill Pennsylvania [Mr. GOODLING] will be of the families on AFDC will be on that never came to a markup. It was never recognized for 45 minutes, and the gen- program for 8 years or longer. presented to the full committee. We tleman from Missouri [Mr. CLAY] will The people hurt worst with this deba- never had a hearing in the full commit- be recognized for 45 minutes. cle are not the taxpayers who are sad- tee. This simply did not happen. The Chair recognizes the gentleman And where the filibuster occurred, I dled with this unconscionable cost, it from Pennsylvania [Mr. GOODLING]. have no earthly idea. But I do know is the people trapped by the system, Mr. GOODLING. Mr. Chairman, I that the minority side has chosen not people who are denied the American yield myself 6 minutes. to introduce the President’s bill this dream of getting a better education, of Mr. Chairman, today we begin debate year, for some reason unknown to me. owning a home, of having a job and the over one of the most important issues Now, the President does not have any self respect and dignity that comes that will face this Congress, the debate bill that is before the House of Rep- with having that job. The American over the future of the welfare system— people know that the present system is resentatives, and I feel that the Presi- dent should, because the President did or what might better be called our broken and they are demanding that country’s ‘‘despair’’ system. For al- we do something about it. This bill advance this debate 2 years ago in his though the current welfare system was makes a good start. It deserves our campaign. In fact, last summer in Flor- built, I believe, on compassionate in- support. ida the President asked me if I thought tentions, it has in fact helped to create Mr. GIBBONS. Mr. Chairman, I yield we could get welfare done last year, a system of despair for far too many myself such time as remains. and I said, ‘‘Only if you tell the people people. It has become a system that The CHAIRMAN. The gentleman on the Committee on Ways and Means fosters dependence on Government and from Florida [Mr. GIBBONS] is recog- that that is exactly what you want.’’ nized for 2 minutes. But instead, all we found was that rewards behaviors destructive to indi- Mr. GIBBONS. Mr. Chairman, this is the whole process was stonewalled. We viduals, to families, and to our society. an important day and an important never got a bill to the full committee. We must change if we are to move from piece of legislation, but this is a cruel We never got a bill out of the sub- a system of despair to one of hope. A hoax. The Republican bill is weak on committee, and we never got a bill to former chairman on several occasions work. It will allow the States to take a the floor. Nothing happened. Nothing said ‘‘Bill, these programs are not block grant, put the money in their happened the year before, the year be- working the way we intended.’’ To pocket and pass regulations that will fore, the year before, the year before. change we must first make the admis- just drop all of the potential welfare For the last 40 years, nothing has hap- sion they are not working. recipients from their rolls. And the pened. The Democrats have blocked A survey of the public conducted last money that they save here at the Fed- and blocked and blocked anything to year showed that 71 percent of the pub- eral level will be used for a tax cut. Not be done to change welfare as we know lic believe that the current welfare sys- a tax cut for people who are in need. In it today, to genuinely reform welfare. tem ‘‘does more harm than good.’’ An fact the tax cut that they offer, the Now, we have heard speakers come overwhelming majority of the public child credit, a person working full- down. One speaker compared the Re- believes the system could be improved time, with 4 children, will get no tax publican bill to the Holocaust. Read or has some aspects that need to be credit if that person has $20,000 worth the bill. You want to know where the fixed. The public understands, and with of income, will not get a penny. But if work provision is? It starts on about 23 good reason, that a system for which it the person has $200,000 worth of in- and goes on. You want to know where is paying billions of dollars each year come, they will get $2,000 in tax credit. it is in the Deal bill? The Deal bill says actually does more harm than good. This is a cruel, cruel hoax. It is not if you are looking for a job, you have That is not a matter of ‘‘not getting welfare reform, it is welfare perpetua- to get cash benefits. You know, there your money’s worth.’’ That is paying tion. It will pass the burden from those are some States that will require work for the wrong thing. of us in Washington who are respon- in the first 2 years. You talk about And when we are talking about the sible for these things down to States State flexibility. The Deal bill will de- welfare system, then ‘‘paying for the who will slough off the responsibility stroy that. wrong thing’’ is promoting tragedy for to the local communities and nothing Massachusetts has a plan where they people. Those of us who talk about will get done. try to put people to work during the changing the system are accused of There will be hungry children on the first 2 years. I think Michigan either being uncaring, of lacking compassion. streets. There will be ignorant children does or is working on such a plan, and But what is caring, what is compas- on the streets. There will be homeless the States should have that flexibility. sionate about a system that fails to de- families on the streets. And all of this The Deal bill said, huh uh, huh uh, you mand personal responsibility? And how in the name of welfare reform. cannot do that, you cannot require is it that a ‘‘caring’’ system is by defi- Let us vote down the Republican bill, them as long as they are looking for a nition one run by ‘‘one size fits all’’ and let us adopt the Democratic sub- job. That is making out a resume, that regulations and programs issued by dis- stitute. you have to give them their benefits. tant bureaucrats in Washington? Mr. SHAW. Mr. Chairman, I yield my These are just some of the things I said at the very first hearing which remaining time to myself. that have been misstated. the Committee on Economic and Edu- The CHAIRMAN. The gentleman Talk about mean to children, this cational Opportunities held on welfare from Florida [Mr. SHAW] is recognized bill has a 40-some-percent increase in reform this year, I do not believe that for 3 minutes. the funding, a 40-percent-something in- there will be any quick fixes or easy Mr. SHAW. Mr. Chairman, we have crease in the funding, and the gen- answers, but neither can we nor should heard now for over 2 hours many tleman from Florida [Mr. GIBBONS] said we continue down the same path of speakers from the minority side to something about well, what about in- simply adding programs and spending come before this body in a desperate flation. Forty percent? My goodness, more money. We need to change the di- attempt to rewrite, not only rewrite that is over 5 years. That is way above rection. Today’s welfare system de- history, but to rewrite the Republican the level of inflation, the anticipation stroys families and the work ethic and bill. The gentleman from Florida [Mr. of inflation. traps people in a cycle of Government GIBBONS] said there was a filibuster I would ask the committee, read the dependency. We need to replace a failed last year. I do not know of anyplace bills. Do not listen to just the rhetoric, system of despair with reforms based you can have a filibuster in the House because the rhetoric is just simply on the dignity of work and the strength H 3372 CONGRESSIONAL RECORD — HOUSE March 21, 1995 of families, that move solutions closer creases spending by 4.5 percent per The Republican welfare reform pro- to home and offer hope for the future. year. posal promotes an extremist agenda During most of the past 30 years, the Every State and every area receives that does little to ensure meaningful answer to every problem and the mean- more money in 1996 than they get in jobs at livable wages for those on wel- ing of every reform provided by Con- 1995. Every State but five receive more fare. An agenda that abdicates the Fed- gress had been to create another Fed- money under our program in 1996 than eral responsibility to protect poor chil- eral program. Today we have literally they do under the existing program. dren from the ravages of hunger and hundreds of Federal programs intended Let me give you some indications homelessness. An agenda that pre- to ‘‘help’’ people of limited incomes. Of here. California gets $5 million more. I scribes a reduced Federal role against course, each one requires separate reg- just pick certain States, of course. abuse, neglect, and abandonment. ulations, separate applications, sepa- Michigan gets $3 million more. Mis- At a time when studies tell us that rate eligibility rules, separate report- souri gets $2 million more. Indiana gets more and better child care is critically ing. Each one requires additional per- $2 million more. Montana, sparsely needed, this bill would cut resources sonnel—in Washington, at the State populated, gets $650,000 more. New Jer- for child care programs already seri- level, and by the people actually pro- sey gets $2 million more. New York ously underfunded. It would allow gov- viding the services—to administer the gets $5 million more. Ohio gets $2 mil- ernors to transfer already precious program, to check the paperwork, to lion more. Rhode Island gets $250,000 child care funds to other programs. write and interpret the regulations. Texas $2 million more, Illinois, $2.5 Mr. Chairman, there is no guarantee There are good intentions behind these million more. That is more than they that the Appropriations Committee programs, but much of the good inten- would receive if the existing program will fully fund the child care block tions is lost in the maze of red tape and were in effect in 1996. So every State grant. The appropriators are already one-size-fits-all regulations. That is gets more than they got in 1995, but the decimating domestic programs to fi- part of what we are trying to change in States I am mentioning, in most of the nance tax cuts for the rich. H.R. 4. States, receive more than they would Mr. Chairman, the nutrition provi- Mr. Chairman, title III of H.R. 4 con- under the existing program. It is also sions in this bill violate all sense of tains most of the legislation reported above, well above, President Clinton’s human decency. The Republican as- by the Committee on Economic and budget. I want to take a moment to sault on the school lunch and breakfast Educational Opportunities. Title III point that out on this chart. When the programs, which successfully promote consolidates programs in three areas: President makes a show of going out the health and educational perform- child care, school based nutrition pro- and having lunch with some school ance of more than 25 million children, grams and family nutrition programs. kids, and says that somebody is trying is frightening. With regard to child care, the bill to cut the School Lunch Program, well The Republican proposal to eliminate consolidates the Federal Child Care maybe he needs to check his own budg- WIC and allow the State to develop Programs into the existing child care et. H.R. 4 funds the School Lunch Pro- WIC-type programs is an appalling development block grant. The present gram above the President’s own budg- gamble with the lives of the 7 million system of separate entitlement pro- et. women, infants, and children served by grams based upon the parent is on Mr. Chairman I reserve the balance the program. AFDC, has just left AFDC, or is deter- of my time. The WIC Program is one of the most mined to be at-risk of going on AFDC, Mr. CLAY. Mr. Chairman, I yield my- effective national social programs ever has resulted in an administrative self 4 minutes. instituted. WIC has reduced the rate of nightmare for states and administra- (Mr. CLAY asked and was given per- very-low birth weight infants by al- tors, and a maze of child care programs mission to revise and extend his re- most 50 percent and has nearly eradi- and eligibility rules for parents and marks.) cated iron-deficiency anemia among children. Among others, the National Mr. CLAY. Mr. Chairman, I rise in participants. WIC participation greatly Governors Association has urged the opposition to this bill. decreases the incidence of premature Congress to consolidate the Child Care We must reject the cynicism, the births. WIC also saves money for the Programs into the child care develop- greed and the brutality that inspired Federal Government. ment block grant, and we have done so it, that permeates it, that drives it. Mr. Chairman, the Contract with in H.R. 4. No one would argue that the current America should have made it illegal to Under H.R. 4 the child care develop- welfare system does not need reform. utter the words welfare and reform in ment block grant would be funded at However, in reforming the system, our the same sentence. In most cases, poli- the level that the four major child care actions must reflect our sense of fair- ticians who use the phrase neither be- programs received in fiscal year 1994. ness and our concern for those who, lieve in the fundamental concept of However, the bill increases by about through no fault of their own, need welfare nor the meaning of reform. $200 million the money available for Government assistance. What is happening in the name of wel- actual child care services, by eliminat- The process for consideration of this fare reform borders on criminality. ing mandatory State planning set bill in committee was deeply flawed. Welfare dependency can only be re- asides and limiting administrative After three hurriedly called hearings duced by providing education, training, costs. with limited participation by expert adequate child care services, and most The school based nutrition block witnesses, the committee marked up importantly, by providing stable jobs grant will allow States to create a sin- its bill just one day after it was intro- that pay a living wage. gle school food program for their duced. No subcommittee markup was Mr. Chairman, today’s minimum schools, and allow schools to operate ever held. wage is not a living wage. Later in the food programs under a single contract In their haste to carry out this part proceedings, I will offer an amendment with the State. The school based nutri- of the Contract With America within to increase the minimum wage to $5.15 tion block grant would be increased by the first 100 days, the majority insults an hour. My amendment will restore more than 4 percent per year, and the this great institution. In their haste to the purchasing power of millions of school lunch portion would be in- shred 60 years of social safety nets, the working families. If we really want to creased by exactly 4.5 percent per year. majority places millions of children end welfare as we know it, we should We have heard a lot of false informa- and their mothers at risk. keep working families out of poverty tion from the other side over the past This bill is not about welfare reform. by paying an adequate wage. few weeks about the School Lunch Pro- It is a giant money laundering scheme Finally, Mr. Chairman, in recent gram, and I’m afraid we will hear some designed to write blank checks to gov- days our Republican colleagues have more during this debate. Let me simply ernors while imposing no standards or admitted that they expect savings from say it as clearly as I can: H.R. 4 does accountability. Block grants con- this bill to finance tax cuts for the not eliminate the School Lunch Pro- stitute a political conduit for transfer- rich. The goal of welfare reform should gram. H.R. 4 does not cut spending on ring Federal dollars to curry favor with be about one thing, and one thing only; the School Lunch Program. It in- State executives. and that is to have the most humane March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3373 and effective welfare system possible. In an effort to score political points as we know it. But Republicans insist Let us begin today with an honest de- with the very popular notion of welfare in targeting just about every conceiv- bate, not rhetoric. Let us show compas- reform, Republicans have refused to able Federal program notwithstanding sion, not vengeance. Let efficiency be discuss sensible approaches to real re- the merits that they may have. Take our means, not our end. form. Of course we need to reform aim at corporate welfare and stop This bill is a bad bill and should be many areas of the existing welfare sys- blaming the poor and legal immigrant defeated. tem; but there is no need to wage war communities for the fiscal mess. We Mr. Chairman, I reserve the balance against current programs that work need to balance the budget and every- of my time. well, such as school nutrition programs one needs to share the burden, but with Mr. GOODLING. Mr. Chairman, I and the Special Supplemental Food this bill, children, the elderly, the yield 21⁄2 minutes to the gentleman Program for Women, Infants, and Chil- handicapped and middle income fami- from Florida [Mr. WELDON]. dren [WIC]. These two programs have a lies are financing the special tax give- Mr. WELDON of Florida. Mr. Chair- proven positive track record. aways for the rich. man, I thank the chairman for yielding To compound the unnecessary as- Start with corporate welfare, then time to me. sault on these programs, the majority bring all the other programs to the It is, to me, a tremendous oppor- has lashed out against two constitu- table, so that Congress can craft, in a tunity to be able to be here to take encies that have no political clout in bipartisan way, sensible restructuring part in what I think will prove to be a Washington because they do not vote: moves which will prove to be true re- very historic event in the history of that is, poor children and legal immi- forms that will benefit the Nation, not our Nation. For 40 years we have had grants. hurt it. Republicans, touting the banner of more and more spending on these pro- I urge our colleagues to defeat this savings, are slashing programs and di- grams, and what we have been getting bill. Put people first! Consider the sub- recting large amounts of the so called is more poverty, more illigitimacy, and stitute bill that our colleague from Ha- savings not for deficit reduction, but more social problems in our Nation. waii [Mrs. MINK] has put forth. for special tax breaks for wealthy indi- Bill Clinton ran on a lot of promises Mr. GOODLING. Mr. Chairman, I viduals and corporations. in 1992, and one of them was that he yield 2 minutes to the gentleman from was going to end welfare as we know it, You want savings? You want to re- Nebraska [Mr. BARRETT]. and he did not. It has just continued. duce the deficit? Then have some cour- age and take aim at the greatest of all Mr. BARRETT of Nebraska. I thank Indeed, in 1993, the Census Bureau re- the gentleman for yielding this time to ported that poverty in America had welfare programs—corporate welfare. Various Washington think tanks, me. reached an all-time high under Bill Mr. Chairman, Nearly 30 years ago, Clinton. Indeed, at the end of the first both liberal and conservatives ones, as President Johnson initiated the war on year of the Clinton administration well as the media have identified bil- poverty. Today, after decades of losing there were 39.9 million poor persons, lions and billions of dollars in tax give- the war, we begin Operation Restore the highest since 1962. The number had aways and special provisions for rich Trust—trust in our State and local been going up ever since Ronald corporations and special interests. Why leaders and communities to care for Reagan left office. Indeed, it was only has this Congress opted to protect their own. during the Reagan years that those these interests instead of investing in H.R. 4, the Personal Responsibility numbers came down. people, in education, in health, in af- Act, would eliminate many Federal And now, for the first time in 40 fordable housing, in decent meals for regulations and policies that have years, the Republican Party is in con- low income students? hamstrung States and local govern- trol of this Congress and implementing Why are the regular folks in Amer- policies that will, indeed, attempt to ica, our middle class, taking a back ments for decades. Under H.R. 4, Wash- end welfare as we know it. seat to the interests of a very select ington will not be telling State’s what powerful group that defends corporate is best for their citizens. The States b 1830 welfare at all cost? will get the credit, or the blame, for And the reason why we need to im- In my own district, Congress con- enacting policies and programs that plement these changes, particularly dones giving over $3 billion per year in will take people off welfare, into jobs, the changes in this particular welfare special tax breaks to multinationals and out of dependency. bill, is because it is more compas- while at the same time it deprives mil- For the last few weeks we’ve seen sionate. Indeed, the American people lions of U.S. citizens from participat- many of the opponents of H.R. 4 go have been very compassionate and very ing in programs that can assist in im- through all kinds of statistical contor- patient, but they want change and they proving their quality of life. I call this tions on what H.R. 4 will do to our chil- want real change that will end the the Reverse Robin Hood policy, where- dren and families. cycle of poverty and despair. by the Federal Government takes away Case in point are the changes we seek The gentleman from Oklahoma [Mr. from the elderly, the children, the to make to the School Lunch Program. J.C. WATTS], a member of our class, handicapped and the middle class, in Basically, we offer two changes while was quoted as saying, order to give to the rich. There are maintaining the Federal commitment We can no longer measure compassion by plenty of Federal policies that illus- to providing meals for needy children. how many people are on welfare. We need to trate this point. Take a look at section First, by maintaining a 4.5-percent measure compassion by how many people are 936 of the Internal Revenue Code, look annual increase, eliminating Federal not on welfare, because we have helped them at some agricultural and mining sub- paperwork, and better targeting of climb the ladder to success. sidies. Federal dollars, H.R. 4 will allow Today in this Congress we are begin- In section 936 you will find a program States to feed more children. ning that change, and I thank the gen- that has cost taxpayers over $40 billion Second, we given State and local tleman again. in 20 years, the primary beneficiary communities, which know best the Mr. CLAY. Mr. Chairman, I yield 2 being foreign and American pharma- needs of their States and towns, the minutes to the gentleman from Puerto ceutical firms with hundreds of mil- ability to tailor-make programs that Rico [Mr. ROMERO-BARCELO]. lions of dollars in annual net profits can serve the nutritional needs of chil- Mr. ROMERO-BARCELO´ . I thank the while low wage working families are dren. gentleman for yielding this time to me. denied the earned income tax credit; H.R. 4 would also continue to provide Mr. Chairman, today the majority in while children, handicapped and other support for the Food Stamp Program. this House is ravaging a series of sen- citizens in need are deprived of ade- This program, which has been racked sible programs that have served well quate medical and hospital care and with abuse, is significantly reformed the needs of the Nation. Programs that needy children are denied a first class while allowing for $131 billion in addi- have assisted many in need, particu- education. tional funding over the next 5 years. larly disadvantaged children and moth- The President genuinely wants to By having the Food Stamp Program ers at risk, are under attack. work with this Congress to end welfare as a Federal safety net, people will be H 3374 CONGRESSIONAL RECORD — HOUSE March 21, 1995 able to supply their families with food that abandoned our Nation’s most vul- want to make sure that everyone real- and keep their dignity in the process. nerable—our children. izes an often-overlooked, but essential Mr. Chairman, I cannot say that H.R. Mr. GOODLING. Mr. Chairman, I component of our immigration laws— 4 isn’t risky. But the risk of maintain- yield 3 minutes to the gentlewoman for decades, our immigration laws have ing the status quo, by far, greatly jeop- from New Jersey [Mrs. ROUKEMA]. required immigrants to stipulate that ardizes our children and our future. (Mrs. ROUKEMA asked and was they will be self-sufficient once they H.R. 4 begins the battle of Operation given permission to revise and extend arrive in America, as a condition of Restore Trust—trust in our States and her remarks.) their being allowed to immigrate in communities to do what is best. Mrs. ROUKEMA. I thank the gen- the first place. Consequently, receiving Mr. CLAY. Mr. Chairman, I yield 3 tleman for yielding this time to me. welfare has been grounds for deporta- minutes to the gentleman from Michi- Mr. Chairman, I rise in support of tion for these very same immigrants gan [Mr. KILDEE]. H.R. 4, the Personal Responsibility Act for generations. Mr. KILDEE. I thank the gentleman of 1995. H.R. 4 only makes explicit what has for yielding this time to me. Mr. Chairman, the American people been implicit for so long. The United Mr. Chairman, for nearly 50 years are convinced that the welfare system States of America welcomes immi- Congress has shown a bipartisan com- is out of control. As one prominent cit- grants of all kinds to our Nation. How- mitment to alleviate the worst of izen of New Jersey, a Democrat at ever, an important prerequisite has al- human suffering in our Nation, espe- that, said to me last week: ‘‘No other ways been that immigrants will not be- cially hunger. Today we begin debating civilized nation in the world pays come wards of the State, but rather a proposal that would end this commit- young girls to have babies. But that’s self-supporting members of our society. ment. what our welfare system does.’’ Mr. Chairman, I serve on the Eco- The Nation’s nutrition programs are You know, he is not far from wrong. nomic and Educational Opportunities cost-effective and target the truly And that is the perception among Committee and I support the commit- needy. many other good, generous, caring peo- tee-reported package of welfare re- Study after study shows that chil- ple who are deeply concerned about forms. dren who get a school meal perform this country. I am a strong believer in the block They worry that we are wasting bil- grant approach and feel that this is the better academically. lions upon billions in hard-earned tax- most effective means for administering I am puzzled as to why we would payer dollars to support a system that the array of services available to those want to fix a program that works so promotes unhealthy, unproductive, who are eligible. Block granting nutri- well. dysfunctional families that sentence tion program funds will give States the The National School Lunch Program children to a lifetime of economic, so- necessary flexibility to target pro- came into being for a strong national cial, and emotional deprivation. grams which demand the greatest purpose in 1946. Many recruits failed In a system like this, it is the chil- amount of services as a result of in- physical examinations for the draft be- dren who are the first victims. But the creased eligibility and participation. cause they were found to have been taxpayers are not far behind. However, I do have some concerns malnourished during their formative We must act now. We need welfare re- about certain aspects of this bill’s im- years. form based on the notion of individual pact on nutrition programs. Members Republicans claim that they are in- responsibility. Reform must restore of the committee have heard me say creasing funding. But everyone recog- public assistance to its original pur- this before and I will say it again: Chil- nizes that compared to current law pose: a temporary safety net for those dren will not go hungry and homeless. there will be less money for each child in need—not a permanent way of life Not on my watch. who receives a school lunch. The bot- for generations of families. Our committee adopted my amend- tom line is either less money for each H.R. 4 makes a number of important ment prohibiting the States from child or fewer children eating. changes. transferring money from the nutrition Why are we putting this program First, this plan requires that 50 per- block grants unless the State guaran- into a block grant? To save money? To cent of welfare recipients must be tees it has enough money to meet food reduce the deficit? No; it appears that working. needs. the savings will be used to pay for tax There is no good reason why able- But this is not enough. cuts for those who are not as needy as bodied welfare recipients cannot, and However, I do have concerns about our children. should not, be required to work for our responsibility to monitor mainte- If the motive of this bill is to save their benefits. nance of effort by the States and the money—why does it remove the re- Second, this bill allows States the need to maintain accountability stand- quirement in the WIC Program for flexibility to terminate a family’s wel- ards. In these respects, I do have some competitive bidding for infant for- fare benefits after 2 years, and it re- concerns about certain aspects of this mula? quires States to terminate a family’s bill’s impact on nutrition programs. Most States were not using competi- welfare benefits after 5 years. We must be certain that we are not tive bidding before Congress required It is clear. Some people take advan- just writing the States a blank check. them to do so in 1989. When we enacted tage of the current welfare program’s We have a fiduciary responsibility to this law we found that it saved over $1 lax bureaucracy and simply live off assure the taxpayers that the programs billion a year. welfare—generation after generation— are being honestly administered. What can the savings be used for? by skillfully gaming the system. During committee markup, concerns That billion dollars can be used to We all saw the article last month in were raised over questions of establish- serve 11⁄2 million more women and chil- the Boston Globe about four genera- ing minimum nutrition standards and dren per month in the WIC Program. tions of one family—one mother, 17 allowing for a 22 percent transfer provi- It bewilders me, in this time of budg- children, 74 grandchildren, and an un- sion. I believe that it is critical for this et crunching, why we would want to known number of great-grand- country to have uniform minimum nu- give the three infant formula compa- children—living in Massachusetts on trition standards because children nies $1 billion if our purpose is to bet- welfare of some kind or another. across the country, whether they are ter serve women and children. Is it any wonder that the American participating in school lunch or WIC, For the richest nation on Earth to taxpayers are enraged? should all be provided with foods com- deny food to its own children is a Also, H.R. 4 clearly denies welfare parable in nutritional content. shortsighted betrayal of our values and benefits to illegal aliens and legal im- To me, this seems like a practical our future. It is also unnecessary. migrants, thereby limiting welfare eli- and straightforward approach—provid- In the name of our Nation and its gibility to only citizens of the United ing equally nutritious meals to all low- children, we call upon reason to prevail States. income children who are eligible. How- in Congress. The 104th Congress should While the exclusion for legal aliens ever, many oppose maintaining mini- not be remembered as the Congress has received quite a bit of criticism, I mum nutrition standards established March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3375 by the USDA because they believe that already mentioned, a decision to trans- the added stress to State treasuries. keeping such requirements would be a fer funds only shifts existing problems States will end up tapping into their mandate on the States. I find this to new programs, creates entirely new own treasuries and subsequently drain- charge perplexing since there are nu- problems, and makes no sense. ing State resources during the many merous mandates in this bill already. During economic downturns, partici- months that it takes Congress to draft, I would also argue that, if this is con- pation in various nutrition programs, approve, and enact supplemental ap- sidered a mandate, then it is a nec- such as school lunch and WIC, in- propriations bills. essary one. We all agreed that there creases. It is critical to ensure that My last area of concern was also should be some set of standards estab- during such periods, these vital nutri- brought up during the Opportunities lished by the Federal Government, no tion services continue to be provided Committee markup, and it deals with matter how broadly defined. What do both to those who become eligible and the issue of cost containment. we accomplish by allowing 50 States to to those who already qualify. The argu- Under current law, States are re- devise 50 different sets of nutrition ment that not less than 80 percent of quired to participate in competitive standards? Children participating in the family nutrition block grant funds bidding for infant formula provided to the various nutrition programs avail- must be use to carry out WIC services WIC-like programs, or some other sys- able should have access to meals that holds no water during times of reces- tem of cost containment that yields are equal in nutritional value because sion. Therefore, we must make sure equal to or greater savings than under all children need the same essential that all low-income people participat- competitive bidding. As a result, nutrients to develop both physically ing in the numerous nutrition pro- States achieve considerable savings, and mentally during the critical years grams receive healthy and nutritious which is reliably estimated to be $1 bil- of early childhood. meals despite fluctuations in the econ- lion annually, which in turn is used to The amendment I offered which omy. provide additional services to WIC par- passed and is included in the bill re- The second of three amendments I ticipants. However, under our block quires the National Academy of submitted to the Rules Committee also grant proposal, while States are en- Sciences to establish voluntary model deals with unemployment as it affects couraged to continue these systems, nutrition standards for the States to changes—in particular, increases—in follow is a small step forward in rein- nutrition program participation. This they are not required to. stating minimum national nutrition amendment would establish a trigger Therefore, my third and final amend- standards. However, I would like to see to increase a States funding for both ment under review by the Rules Com- H.R. 4 go much further and maintain the school-based and family nutrition mittee would require that States im- the standards already in place. Indeed, block grants when that State experi- plement cost-containment measures I believe it will not be too far in the fu- ences an economic downturn. More spe- for infant formula included in food ture when we will evolve back to up- cifically, it would allow up to a 1.5 per- packages under the family nutrition dated standards based on the academy cent increase in funding of both block block grant. In addition, it would re- research. grants for each fiscal year through fis- quire that a State use all savings The 20-percent transfer provision cal year 2000 to address this problem. achieved under this system for the pur- clause is a second area of concern that Under the Opportunities Committee poses of carrying out services for all I feel needs to be addressed. My fear, bill, now folded into H.R. 4, block grant programs under this block grant. And, both during committee markup and money under the two aforementioned the amendment also has the State re- presently, is that, if up to 20 percent of block grants is distributed quarterly. port annually on the system it is using block grant funds can be transferred to My amendment says that for every as well as how current savings compare other titles in H.R. 4, then certain pro- two-tenths of 1 percent that a State’s to that of the previous fiscal year. grams, particularly those under the quarterly unemployment level rises Cost containment is a fair way for in- school-based nutrition block grant and above 6 percent, that State will receive fant formula producers to compete for the family nutrition block grant, an additional 1 percent of the total the WIC recipient market which ac- would not be able to carry out services block grant money that it received for counts for roughly 40 percent of the en- to those low-income children partici- that quarter. And, because of the fund- tire infant formula market. The objec- pating. Moving funds from one program ing difference between the two food as- tive of this type of cost containment is to another is not a solution. Instead, it sistance block grants, the additional to provide the maximum savings for only creates problems permitting polit- money is authorized for the family nu- the State so that it can in turn use this ical decisions to take precedence over trition block grant, and it is appro- savings to provide additional WIC serv- the nutritional needs of children. priated for the school-based nutrition ices for those who are eligible. Infant For this reason, I offered an amend- block grant. formula producers still have free access ment during markup which prohibits Many Governors, including Governor to 60 percent of the market. If we in- the transfer of funds from either of the Whitman from New Jersey, have crease that to 100 percent, then we food assistance block grants unless the strongly endorsed a trigger-based safe- jeopardize the ability of a State to pro- appropriate State agency administer- ty net as a necessary mechanism for vide the necessary WIC nutrition serv- ing this money makes a determination ensuring that States can meet partici- ices to those who qualify. that sufficient amounts will remain pation increases. It is also important to point out that available to carry out the services Common sense and experience show this amendment would allow a State’s under the two nutrition block grants. that the needs for free and low-cost cost-containment savings to go toward While this establishes an important lunches, breakfasts, WIC and other nu- providing services under the other pro- safeguard against depriving children of trition services increase during times grams within this block grant: Child & free and low-cost meals, I believe that of unemployment. This additional Adult Care Food, Summer Food, and we must do more. money will help to make sure that Homeless Children Nutrition. As a re- Therefore, I submitted to the Rules States have the ability to administer sult, the State is given the flexibility Committee an amendment to H.R. 4 current levels of service during such a to use savings where it sees the great- that prohibits the transfer of funds time period while also being able to ac- est need. outside of these nutrition block grants commodate those who currently qual- I support the Opportunities Commit- when States experience unemployment ify. Moreover, this funding helps to tee block grant approach, but the pro- above 6 percent. prevent children from losing their eli- gram will be greatly enhanced with my Those who support the 20-percent gibility to school meals and reduces amendments. They will make the transfer provision claim that it gives the possible reduction in quality, por- States accountable for their adminis- States additional flexibility during tions, and frequency of meals being tration and maintenance of effort. And, times of recession to address increases/ served. most importantly, we will maintain decreases in demand for different pro- Those who argue that we can always the safety net to assure that in this grams. However, I would argue that vote for supplemental appropriations land of plenty—no children will go hun- this does not happen. Instead, as I have are ignoring the needs of children and gry. H 3376 CONGRESSIONAL RECORD — HOUSE March 21, 1995 And finally, I want to conclude my other words, the deadbeat under the ex- that contribute to these factors. In no statement with some remarks about isting loopholes can slip over the State way is this bill addressing any of those the Child Support Enforcement title of line or just across the Delaware River problems. H.R. 4. and escape his legal obligations to his To put people into productive em- Let me make clear one unequivocal kids. ployment I thought was the goal of fact: effective child support enforce- That is precisely what we need—com- this bill rather than destructive de- ment reforms must be an essential prehensive Federal reform of our child pendence. But I do not see it in this component of any true welfare reform support system—to ensure that all bill. I am afraid this bill under consid- plan. In fact, nonsupport of children by States come up to the highest common eration presently does not achieve any their parents is one of the primary rea- denominator, not sink to the lowest of the things it should try to achieve to sons so many families end up on the common denominator as has happened eliminate the abuse of welfare. welfare rolls to begin with. all too frequently in the past. There are some States doing a tre- Research conducted by Columbia There are, however, two important mendous job in this area. Maryland is a University and the U.S. Department of and effective get tough reforms which I good example of cutting out the abuse Health and Human Services has found have long endorsed and supported, from the sale of food stamps, et cetera, that anywhere between 25 and 40 per- which the Ways and Means Committee et cetera, by going to a system with a cent of mothers on public assistance has chosen not to include in its bill. nonforgery identification card in terms would not be on welfare if they were re- Consequently, I have asked the Rules of goods and supplies that families ceiving the child support they are le- Committee for permission to offer might need. gally and morally entitled to. them as floor amendments to H.R. 4. If you go back to the original reason It’s a national disgrace that our child The first amendment, which has been why we created welfare, it was for the support enforcement system continues cosponsored by Congresswoman CONNIE children, not the parents, not the abu- to allow so many parents who can af- MORELLA of Maryland and Congress- sive parents. It was to protect the chil- ford to pay for their children’s support man MAC COLLINS of Georgia, requires dren. It was at the time only for wid- to shirk these obligations. The so- that States adopt a program that re- ows because we understood that wid- called enforcement gap—the difference vokes or restricts driver’s licenses, pro- between how much child support could fessional/occupational licenses, and ows of the men who had died would be be collected and how much child sup- recreational licenses of deadbeat par- terribly into poverty because the times port is collected—has been estimated ents. were tough. That was back during the at $34 billion. The second amendment would require Depression. There are a lot of us here Remember, we are addressing the that States enact criminal penalties, of who are recipients of the programs problems of deadbeats who are will- their own design and choosing, for that were established then, and we did fully avoiding their legal obligations those parents who willfully fail to pay not turn out so bad. But there are a lot under the divorce edicts of their indi- child support. of other factors in our society that vidual States. They are avoiding both In both cases, I expect that once exist today which did not exist then their legal and moral obligations. deadbeat parents realize exactly how that we have to deal with. The fact is Failure to pay court-ordered child serious we are about ensuring that that right now conditions are very support is not a victimless crime. The they pay their child support, the over- much like the Depression-type condi- children going without these payments whelming majority will do so, rather tions with regard to the availability of are the first victims. But, the tax- than lose a driver’s license, a profes- work in many areas and neighbor- payers who have to pick up the tab for sional license, or face the prospect of a hoods. That is something that we have deadbeat parents evading their obliga- jail sentence. to realize if we are going to focus on tions are the ultimate victims. It’s funny how, when the sheriff making sure that we take care of the Strong, effective child support en- knocks on their front door, how many children. forcement is welfare prevention. The delinquent parents who previously This misnamed bill, as I have said, single best method to reduce welfare claimed they had no money, miracu- does not contain, as far as I am con- spending is to ensure that custodial lously find some money and begin mak- cerned, a job creation in it, which is parents with children get their child ing child support payments. terribly important if we are going to support payments on time, every Mr. Chairman, in conclusion, I be- take these people off welfare and put month. lieve that H.R. 4 contains the kind of them to work. It does not contain any I’ve been a leading voice in this de- reforms to our long-broken welfare sys- provisions that make sure that the bate for 10 years now, having helped tem that the American people have people we put here, especially in a sin- draft both the Child Support Enforce- been expecting. In general, this bill has gle-parent home where the mother is ment Amendments of 1984 and the earned my support, and I look forward the single parent and that parent needs Family Support Act of 1988. In addi- to the amendment process where I be- child care for these children, where tion, I served as a member of the U.S. lieve that this important measure will they can leave them at home, where Commission on Interstate Child Sup- only be improved upon, prior to House they can be relatively sure these chil- port Enforcement, which issued a com- passage. I urge all of my colleagues to dren are going to be safe. prehensive report, and recommenda- join me in supporting this bill. You know, the bill as it is con- tions for change, of our interstate child Mr. CLAY. Mr. Chairman, I yield 31⁄2 structed, they do away with the child support system in August 1992. minutes to the gentleman from Califor- protections that are in the law now. I am very pleased to see that the nia [Mr. MARTINEZ]. They say they do this by a provision in Ways and Means Committee included Mr. MARTINEZ. I thank the gen- the bill that says it will allow the many of my legislation’s provisions in tleman for yielding to me. States to certify. its child support enforcement title. In Mr. Chairman, I rise in support of the b 1993, I authored legislation, H.R. 1600, Democratic substitute, what they will 1845 that sought to enact the Commission offer as reform, and in opposition to Let me tell my colleagues what is recommendations, and I reintroduced the bill before us now. wrong with that. The States will only that bill as H.R. 195 on the first day of Mr. Chairman, there are none of us, I be certifying those that are licensed. the 104th Congress earlier this year. think this has been said before by sev- Over 40 percent of the people that pro- Perhaps the most salient fact we eral people, that we are all for welfare vide day care are not licensed, and so must keep in mind as we seek to im- reform, and we are. But this bill is that leaves a whole group of people. prove our child support enforcement misnomered. I think it should be called There are so many things that, as we system is: Our interstate child support the Lack of Responsibility by the Con- get into the rest of the bill, we will de- system is only as good as its weakest gress Act. Sure, there are a lot of wel- bate, but I really want to tell my col- link. States that have made enforcing fare abuses, and we all know it. But leagues this, to those on the other side, and collecting child support payments this begins with a society that breeds those of my colleagues who have, I a priority are penalized by those States several generations of welfare recipi- think, no less compassion than those of which have failed to reciprocate. In ents. There are a lot of social problems us on this side. I wish they really March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3377 would rethink what they are doing to effectively help those in greatest ily, the church and the neighborhood. here because together we can form a need. As a former State Legislator, I They promise you happiness in ex- welfare reform package that deals with am confident that the States and local- change for a check and the loss of your the abuses that are out there and make ities can effectively administer welfare liberty. The second view—our view—be- sure that we provide opportunities to programs without the Federal Govern- gins and ends with the individual. Our succeed to people that are on welfare. ment micro-managing their efforts. view of society is one in which people That is what happened during the De- Mr. CLAY. Mr. Chairman, I yield 21⁄2 have the right and the opportunity to pression, and that is why a lot of us minutes to the gentlewoman from Cali- work, invest, and raise their children that are of the Depression age are here fornia [Ms. WOOLSEY]. as they see fit. We have faith in the today in this House, because there were Ms. WOOLSEY. Mr. Chairman, I American spirit; the liberal Democrats programs that did in a bipartisan way thank my ranking member for yielding have faith in Washington, DC. address the societal problems that we me this time. I have had enough of the Democrats’ have. As the only Member of Congress who big lie about welfare reform. Day after Mr. GOODLING. Mr. Chairman, I has actually been a single, working day they come to the floor and repeat yield 21⁄2 minutes to the gentleman mother on welfare, my ideas about wel- the lie that Republicans are waging from Pennsylvania [Mr. GREENWOOD]. fare do not come from theory or books. war on children. It is offensive because Mr. GREENWOOD. Mr. Chairman, I know it, I lived it. it comes from those who have trapped the American people widely support Make no mistake, I know the welfare millions of American children in a maintaining a strong social service system is broken. It does not work for never ending cycle of despair and de- system which provides for children, the recipients or for taxpayers, and it pendence. Who are they to lecture to handicapped, the elderly and those who needs fundamental change. anyone about taking care of our chil- truly cannot find employment. At the But I also know that H.R. 4 will gut dren after they spent decades destroy- same time, Americans have come to the welfare system and shred the safe- ing the American dream for the poor. believe that the system now in place, ty net that enabled my family to get Mr. Chairman, for the last thirty not only fails to foster self-reliance, back on our feet 27 years ago. years we watched them create a na- but may actually promote out-of-wed- I will never forget what it was like to lock births. lie awake at night worried that one of tional tragedy. Since 1965 we spent $5 While we must maintain a compas- my children would get sick, or trying trillion on welfare. What do we have to sionate social safety net, I am con- to decide what was more important: show for it; disintegrating families, vinced that we can do a better job of new shoes for my children or next children having children, burned out instilling self-reliance and discourag- week’s groceries. cities, a thirty percent illegitimacy ing irresponsible behavior within our Even though I was working the en- rate, and three generations of Ameri- welfare system. tire time I was on AFDC, I needed wel- cans who do nothing but wait at home H.R. 4 offers the first comprehensive fare in order to provide my family with for the next government check. package of welfare reform measures in health care, child care and the food we Bill Clinton promised to ‘‘end welfare nearly half a century. Its fundamental needed in order to survive. So my col- as we know it.’’ What happened? His tenets are: (1) those welfare recipients leagues see I know about the impor- first ‘‘reform’’ expanded welfare spend- who are able-bodied must work in ex- tance of a safety net, and I also know ing by $110 billion and gutted what was change for benefits; (2) programs must about the importance of work. left of workfare. It was business as be designed to discourage—not facili- That is why, as cochair of the House usual; more government, more taxes, tate out-of-wedlock births; and (3) the Democratic Task Force on Welfare Re- more bureaucrats. But, the American States, which already operate their form, I can tell my colleagues that the people said, ‘‘enough is enough.’’ They own welfare programs, will receive Democrats are committed to getting understood that the liberal/left’s ‘‘re- blocks of Federal money to provide ad- families off welfare and into work. We form’’ is to spend more of other peo- ditional social services within Federal do this by helping them with edu- ples’ money. They know the left is guidelines. cation, with training, by providing the happy with the ‘‘poverty’’ industry and The media has done a less than com- child care they need so that they can those churning out more of the per- plete job of informing the general pub- go to work. verse regulations and programs which lic about the nutrition and child care Mr. Chairman, the choice comes have turned so many of our people into portions of H.R. 4. It is time that they down to this. We could punish poor a mass of ‘‘favor seekers.’’ know all of the facts. families by voting for H.R. 4, or we can Mr. Chairman, we came to Washing- First, we are not reducing funds for invest in our children and their fami- ton to put people to work and get gov- school lunch. The truth is this measure lies so they can lead strong, productive ernment’s hands out of the peoples’ increases funding for school lunch by lives. I beg my colleagues to vote pockets. Let me tell you where we will $1.1 billion over 5 years. against H.R. 4 that would put people on be if we do not stop the runaway wel- Second, we are not reducing funds for the streets and vote for putting people fare train. Today federal welfare spend- women, infants, and children. The to work. ing stands at $387 billion, by 2000 we truth is the bill increases WIC funding Mr. GOODLING. Mr. Chairman, I will spend $537 billion on welfare enti- by $776 million over 5 years. yield 2 minutes to the gentleman from tlements. The madness has to stop. Third, we are not reducing funds for North Carolina [Mr. FUNDERBURK]. Our bill eliminates the federal mid- child care. The truth is the bill makes Mr. FUNDERBURK. Mr. Chairman, dleman and cuts the heart out of the $200 million more available for direct this is the most important week of the Washington bureaucracy. It says the child care services. 104th Congress. It is more important to real innovators are in the states and I care about the future of our Na- the future of America than all the the counties. tion’s children. However, if the Federal weeks we will spend on term limits, the Mr. Chairman, the best welfare pro- Government continues to add hundreds line item veto, and the balanced budg- gram is a job. By cutting government, of billions of dollars to the national et. This week we decide if we will con- taxes, regulations, and bureaucrats we debt each year, our children won’t have tinue down the morally bankrupt path can create a new era of opportunity a future. Establishing flexible, State- the liberal/left has led millions of that will make it easier for poor Amer- based programs that promote personal Americans or will we blaze a new path icans to get back on their feet and responsibility and self-reliance is a for hope, responsibility, and freedom. share America’s promise. Mr. Clinton necessary step toward developing a This debate is also about two visions. is right about one thing, it really is sound fiscal policy. The first is offered by the same people past time to end welfare as we know it. As a former social worker and the fa- who created the welfare nightmare. We had better get on with it because ther of four, I know the importance of Their view of the world begins and ends time is running out. ensuring the safety and health of all with big government. In their world, Mr. CLAY. Mr. Chairman, I yield 21⁄2 children. H.R. 4 offers compassionate, government regulates and dominates minutes to the gentleman from Ohio fiscally sound solutions which allow us every walk of life, it replaces the fam- [Mr. SAWYER]. H 3378 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Mr. SAWYER. Mr. Chairman, I lis- tion is part of the school lunch debate ought to provide them with a school tened carefully to the last speaker, and which has been more intentionally mis- subsidy for every meal they take at a I have to agree that the debate this represented and where children have cost to the Federal Government of $556 week over welfare reform does come been used as pawns for political pur- million a year. There is not a Member down to one thing, the well-being of poses than they have in this particular in this Congress who believes that that the American family. But I would just area. $556 million would survive our efforts simply have to disagree that this is not Let me give my colleagues some to balance the budget, and there is not about replacing the American family. facts: a person who understands the school We have known for a long time that For all of those who say that the lunch program who knows that if you parents who finished school and who school lunch program is a wonderful eliminate that $556 million, that you work at real and meaningful jobs are program without any problems I would can continue the school nutrition pro- more likely to have kids who do well in point out that according to the General grams or the school lunch program as school themselves and who go on to be- Accounting Office in the last 4 years it exists today. come productive citizens and raise that they have kept records, over 302 So there has to be reform. We are the families that are strong in their own schools have developed out of the Fed- leaders in advocating that reform. But eral school lunch program, and their right. we are not cutting school lunch by $556 No. 1 reason for doing so was the rules, Families that function well must million. What we are doing is increas- regulations and paperwork required by have access to a network of affordable ing it 4.5 percent for every year for the Washington. Second, I would point out support services to help them balance next 5 years. the demands of work and parenting. that 46 percent of all non-poor or full- Mr. CLAY. Mr. Chairman, I yield 41⁄2 priced students voluntarily choose not That is probably truer of families and minutes to the gentleman from Califor- young people today than it has ever to participate in America’s school lunch programs today. Finally as a nia [Mr. MILLER]. been before. For many parents, the (Mr. MILLER of California asked and lack of affordable, safe child care pre- part of the administration’s attempt last year to increase the regulations on was given permission to revise and ex- vents them from pursuing additional tend his remarks.) education or taking a worthwhile job; the school lunch program through their nutrient standards, even Wash- Mr. MILLER of California. Mr. Chair- that very pathway toward solving the man, I thank the gentleman for yield- problem, nurturing the family, is cut ington, even USDA in their budget re- ing. off. quest, say they will have to ask for at Mr. Chairman, the legislation that Now, we hear that we want to cut least 25 million plus to assist schools in we will be debating this week in the federal funding for child care by 20% meeting the computer requirement of House that will be offered to us by our over 5 years, providing no provision for this particular provision just in fiscal Republican colleagues is the most com- additional funding when demand in- year 1996. prehensive and the most focused as- creases during difficult economic So, we have come forth with a pro- sault on poor children in this country times. posal for change, a proposal that in- that we have witnessed in the past 30 We know that too many children are creases funding, that increases flexibil- years. It is not that the press has got it receiving inadequate care while their ity and that decreases Federal rules, wrong, it is that the press has started parents work, and yet this bill elimi- regulations and paperwork. Our pro- nates current health and safety stand- posal recognizes that there is a need to explain it to the American people, ards for child care. It eliminates the re- for increased funding. So we provide a and as the American people have start- quirement that states use funds to im- 4.5-percent increase through fiscal year ed to understand it and started to see prove the quality of child care. 2000. its components, they are starting to re- Mr. Chairman, we cannot have it b 1900 ject it. Because, while all of us agree both ways. about welfare reform, and every Mem- We cap State administrative ex- ber has said that on the floor and clear- If we want people to move from de- penses each year at 2 percent, so 98 per- pendence on welfare to long-term, ly the public agrees with welfare re- cent of that money goes not to States form, the public is starting to ask what gainful employment, we have to pro- to balance their State budgets, but vide the options that make that pos- is it about welfare reform that requires right to that local school to provide you to take severely disabled children sible. school nutrition. And we eliminate the There is nothing more important who suffer from cerebral palsy and Federal bureaucracy at a projection of other disabling diseases, what is it that than making sure that children are in over $300 million in savings over the safe and healthy settings while their requires you to take them off of the next 5 years. rolls so that their parents, many of parents work. In addition to that, second, we pro- whom are single parents, who are We would not want anything less for vide flexibility at the State and local struggling to work and to keep their our own children. We should provide levels, so they can take our resources children at home and out of an institu- nothing less for all children. and combine them with their own tion, what is it about welfare reform So, I would urge my colleagues to State innovation and create something keep this in mind as they vote against new and different, a creative and inter- that requires you to abandon these H.R. 4 in its current form. esting and appetizing and appealing children? Mr. GOODLING. Mr. Chairman, I school lunch program. What is it about welfare reform that yield 4 minutes to the gentleman from Third, we do establish minimum Fed- requires you to repeal the child welfare Wisconsin [Mr. GUNDERSON]. eral safeguards. We establish voluntary protection for abused children, who (Mr. GUNDERSON asked and was national nutrition guidelines available need protective foster care so that they given permission to revise and extend for every State established by the Na- can be rescued from families that are his remarks.) tional Academy of Science in concert dysfunctional and disabled in terms of Mr. GUNDERSON. Mr. Chairman and with the school dieticians. their ability to take care, and many Members, I think it is important we Second, as I said earlier, we require times lash out and injure these chil- understand exactly what this debate that 98 percent of that money go to the dren and in some circumstances kill has become all about. schools and 80 percent of that money these children? What is it about wel- This debate is about whether my col- go to the low-income students. fare reform that required the Repub- leagues want to defend the Washington Now, there is something that has licans to do that? bureaucracy or whether they want to been missing in this discussion. I would What is it about welfare reform that be advocates of real reform and change. like to challenge my Democratic required the Republicans to rip away It used to be that we were all for a bi- friends, if they believe that in an era of from working poor parents who have partisan commitment to children, but deficit reduction we ought to continue struggled to get off of welfare but now now our defense of the bureaucracy has providing the 11.3 million students, the need child care to stay off of welfare so taken precedence over that. I do not sons and daughters of the bankers and they can contribute to the well-being know of any area wherein child nutri- rich people in this country, whether we of their family, and with a little bit of March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3379 assistance and child care and maybe Mr. GOODLING. Mr. Chairman, I Aid for dependent children is a wel- some food stamps lighten the load on yield 1 minute to the gentleman from fare program for poor children that the Government and retain their dig- Florida [Mr. WELDON]. costs $16 billion. Aid to rich farmers nity? What is it about welfare reform Mr. WELDON of Florida. Mr. Chair- through the farm price subsidy pro- that told the Republicans to rip that man, that was a very impassioned gram is not means tested. Rich farmers away from those working parents? speech that we heard, but one thing can get that as well as poor, and there What is it about welfare reform that needs to be kept in mind when we hear are very few poor farmers left. Less asks them to rip away $7 billion from these kinds of comments that all of the than 2 percent of the American popu- the child nutrition programs; in our terrible problems that this gentleman lation lives on farms, so most of the $16 child care programs; in our school spoke of have actually increased over billion goes to the welfare program for lunch programs; in our women, infants the past 30 years with all of these pro- farmers just as $16 billion goes to and children’s programs? I appreciate grams that we have seen emanating needy children. that they say that all of these pro- from Washington. They have not de- That $16 billion that goes to farmers, grams are there, but none of them are creased. What we are trying to do here we need to look at how to reform that. mandated. None of them are provided with our welfare reform program, Mr. We need to be serious about that. We to these children who need these pro- Chairman, is reinvigorate the family, should not demonize poor children and grams, who are enabled to have these reinvigorate personal responsibility, do poor families suffering as a result of programs, because of circumstances be- something about the terrible problem economic dislocations that are per- yond these children’s control. of illegitimacy. petrated by people making decisions What is it about welfare reform that I as a physician worked in inner-city far beyond their control. Welfare for says that if a child happens to live in a obstetrics clinics and I saw 15-year-olds farmers is not means tested. Million- State that suffers from an economic coming into the clinic pregnant. I aires receive government checks. downturn, that they may not get their would ask them why they are doing Two recent articles, one in the Wash- school lunch because there will be no this? And they would tell me they want ington Post and one in the New York entitlement for that child, a child who to get out of their unit, they want to Times, said that city dwellers, they finds himself in a family that is now, get out from under their mother, they listed the names of people who are city want to get their own place in the dwellers who never set foot on a farm, because of an economic downturn, un- project, and they want to get their own who are receiving welfare farm checks. employed, and yet the family seeks to welfare check. So I hope we are going to reform that hold itself together? This system that has been created as well, because in order to make the What is it about welfare reform that over the past 30 years is broken. We budget balance and in order to do demanded these kinds of harsh actions? need to strengthen families. We need to things that need to be done, we need to What is it about welfare reform that no deal with this problem of illegitimacy. reform that. longer provides an entitlement to a Mr. CLAY. Mr. Chairman, I yield 5 We need to go back and take a hard pregnant woman at nutritional risk to minutes to the gentleman from New look at the savings and loans debacle protect her pregnancy for the healthy York [Mr. OWENS]. and the unfortunate steps we took birth of her newborn infant and to care (Mr. OWENS asked and was given there which did not reform that sys- for that infant when they have been permission to revise and extend his re- tem. Two hundred billion dollars of the medically certified at nutritional risk marks.) taxpayers’ money went down the drain and the likelihood of giving birth to a Mr. OWENS. Mr. Chairman, there is as a result of our not paying attention low-birth-weight baby, babies that almost 100 percent agreement that wel- to reform. Reform is very much needed. have a 30 or 40 percent greater fre- fare as we know it should be reformed. The Republican welfare reform pro- quency of coming back and needing We all want to reform welfare, make gram, unfortunately, shows contempt help later with special education, with the necessary adjustments to allow it for work. At every level, it refuses to remedial education, because of the to accomplish what it is supposed to deal with job training, it refuses to brain development they suffered? What accomplish in terms of helping victims. make some kind of pledge to provide is it about welfare reform that de- We help victims of earthquakes, we work for people, it refuses to deal with manded that? help victims of floods, we help victims minimum wages that are necessary in You talk about people who spend of hurricanes. We should help victims order for people to get off welfare, to generations on welfare, and yet you are of a mismanaged economy which pro- make enough money to live on. They creating the very children who are duces a situation where there are no have a great contempt for work. It is a going to be candidates for welfare be- jobs for men and families as a result big lie that they are interested in hav- cause of your inhumanity, because of are forced to go on welfare. ing people get off welfare and go to your callous nature, and because of the All big government programs should work. They have abandoned the goal of war you wage on the poor children of be reviewed occasionally. We should work. this Nation. certainly look at all programs and look It is the Democrats who now carry What is it about welfare reform that at ways to reform them. We should try the goal of work, as we did in 1988. This requires you to treat the children, to to reform programs like the farmers is not the first time we have tried to punish the child of a young woman who home loan mortgages, which were so make adjustments to the welfare pro- has a child out of wedlock under the badly repaid that the Department of gram. In 1988 we attempted to make an age of 18, to punish that child and to Agriculture decided to just forgive $11.5 adjustment in terms of job training rip away the resources? Sixty percent billion in loans over a 5-year period. We and jobs for people on welfare. of all of the pregnancies in this coun- gave away $11.5 billion in loans for the The Republican welfare program try, no matter what your class, your farm welfare program. swindles poor children through the status, no matter what your financial We also have welfare for electric block grant mechanism. It swindles well-being, 60 percent of all of the preg- power users out in the West and Mid- poor children in two ways. When you nancies in this country are unintended. west, where they are using Federal take away the entitlement for aid to Half of them are resolved by abortion. power at within half the rate that we dependent children, it means you are Half of them are resolved by abortion. have to pay in the big cities. So that is swindling them, because they do not So what do we do? We tell individuals a welfare giveaway we ought to take a have a right if they are poor, they do if you have an unintended pregnancy, look at and see if we can reform it. We not have the Federal Government we are going to make your life more have enormous amounts of welfare for standing behind them. They do not desperate, more complicated, more the farmers, and we ought to take a have the power of the Federal Treas- hostile to bringing that child into this look at that. We are spoiling America’s ury, which guarantees that no matter world. farmers by smothering them with so- how bad the economic conditions may That is not welfare reform, that is a cialism, and we ought to take a look at be and how many people may be forced war on America’s children, on the poor- rich farmers as well as poor farmers re- on welfare the money will be made est of America’s children. ceiving welfare. available to meet their needs. They are H 3380 CONGRESSIONAL RECORD — HOUSE March 21, 1995 swindling poor children through the and 15 years of age is to say to them, ished. Cut off the parent and the inno- school lunch program. You are taking you and your little baby live in a tene- cent child. away an entitlement, so as the num- ment somewhere. We will send you this This is a mean, mean, mean bill. We bers increase, we expect 20,000 more meager allowance and pretend that you should be nurturing, encouraging, sup- youngsters to enroll in New York City can survive, and we know that they do porting our children, not punishing schools next year. Enrollment is sky- not survive and we know that they are them for their parents’ shortcomings. rocketing. Just enrollment alone pro- the most likely young people to abuse We should be providing jobs for those duces a greater need, so that the block their own children. And what we are who want to work, not calling a cutoff grant will not take care of that in- simply trying to say is, you do not be- after 2 years welfare reform. creasing need by enrollment. come an adult by having a baby. If you Mr. Chairman, this bill is a hoax. It But when economic conditions get are 14 or you are 15 and you are 16 and does not provide any jobs. After we worse, the number of people goes up you have a baby, you still need more heard so much about jobs to get people who are eligible. Block grants place than ever the care of responsible off the public dole, no jobs. And it is the poor at the mercy of State and adults, and we want to make sure that mean spirited and mean to children. local governments, and the history of those teenage girls and their babies are They did not do anything to deserve State and local governments is they cared for in proper settings where there this. Why would we punish children in have been very mean-spirited and very are rules and there are limits and there the name of welfare reform? cruel and some of the worst and most is safety and they can be taught to Mr. GOODLING. Mr. Chairman, I corrupt government in the country has raise their children properly and help yield myself 1 minute. been at State and local government to become successful as adults. We have heard all this about whether levels. We are not helping people by Mr. CLAY. Mr. Chairman, I yield my- there is workfare, whether there is not. placing them at the mercy of State and self 10 seconds. H.R. 4 eliminates the Job Opportuni- local governments. School lunches Mr. Chairman, I want to refute what ties and Basic Skills Jobs Program. were created in the first place because was just said by the previous speaker. Why? Because it failed. Success in this State and local governments refused I think he ought to know, even though program is an exception to the rule. Al- their needs. Mr. Chairman, now we are saying to he worked in this kind of a position, though it is billed as a welfare to work the children of America, Children of that most of the teenage pregnancies program, after 7 years in operation, America, there is a fiscal crunch; this under 15 years of age take place in the Jobs boasts a mere 26,000 recipients in great Nation now needs your lunch. home where that kid comes from. It is work. The GOP bill in the first year Mr. GOODLING. Mr. Chairman, I a violation of that kid’s personal self- alone will ensure 180,000 welfare recipi- yield 2 minutes to the gentleman from esteem. ents will be in work. By 2003, 2.25 mil- Pennsylvania [Mr. GREENWOOD]. Mr. Chairman, I yield 3 minutes to lion welfare recipients will be working Mr. GREENWOOD. Mr. Chairman, I the gentleman from North Carolina a minimum of 35 hours per week in ex- rise to respond to some of the remarks [Mr. WATT]. change for the benefit; 90 percent of the made by my colleague, the gentleman Mr. WATT of North Carolina. Mr. American people support this. from California [Mr. MILLER], who Chairman, I thank the gentleman from The Clinton proposal would not have talked about the inhumane and callous Missouri for yielding time to me. placed any recipients in work for the nature of those of us on this side of the I am not a member of a committee first 2 years. At its peak, it would have aisle. I have to tell you I take a little which has had under consideration this moved only 394,000 recipients into bit of umbrage at that. welfare reform bill so, when I got the work. I am a former child welfare worker. I bill finally on Friday of last week and So it is very, very clear that there have spent a number of years of my life it was finalized, I went rushing through are strong work requirements in the in the homes of some of the most that bill, looked and spent an awful lot bill that will really make the dif- abused and neglected children in my of time reviewing the provisions of ference. community. I met my wife while she that bill. And two things jumped out at Mr. CLAY. Mr. Chairman, I yield 5 was a child protective worker there me. minutes to the gentleman from Ten- and she is still a social worker. I am No. 1, I had heard my Republican col- nessee [Mr. TANNER]. the founder of the Pennsylvania Chil- leagues talk about how they were Mr. WATT of North Carolina. Mr. dren’s Coalition, a caucus that we going to get people off the public dole Chairman, will the gentleman yield? formed in the Pennsylvania legislature, and make sure they went to work. And Mr. TANNER. I yield to the gen- and I have been a child advocate for 20 I looked and I looked and I looked, and tleman from North Carolina. years. I did not find anything in this bill that Mr. WATT of North Carolina. Mr. would provide jobs for people who want Chairman, I just simply want to find b 1915 to work at the end of their welfare stay out where in this bill those jobs are. It When I was a social worker trying to or any time during their welfare stay. is not in this bill. You can protest all spend all of my time protecting chil- So that is the first bogus promise that you want. There is nothing in this bill dren, I had to take away from my time I found. that provides any jobs. If you can tell at least a day and a half each week to No. 2, I went looking and I found that me where that is, I would be happy to fill out the Federal forms so the bean this bill punishes children for the con- hear it. counters in the bureaucracy in Wash- duct of their parents. If your parent is Mr. TANNER. Mr. Chairman, in this ington could account for my time. I poor, the children get punished. If the general debate, I am going to remain was not able during that time to go out parent has a child out of wedlock, the general, but I know that over the next and protect the children in my commu- child gets punished. No Federal bene- 2 days there will be a lot of specifics. nity. fits for children or mothers under age I have been in the Congress for 6 What we are doing is simply taking 18, if they are unwed. years. I have been aware and working this program of child protective serv- If the parent is on welfare, has an- on welfare reform for that time, par- ices, giving it to the States who have other child, the child gets punished. No ticularly the last 3 years. And I want been operating it for years, increasing benefits for that child because he or to thank the Members who have the funding from $4.4 billion to $5.6 bil- she was born to a mother who was on brought this bill to the floor because I lion over the next 5 years. And I will welfare. think Republicans and Democrats can tell you from my personal experience, If the parent will not work, the child both agree that the time for welfare re- that is a smart and that is a compas- gets punished. After 2 years, whether form is now. sionate thing to do. they can find work or want work or I come to speak tonight as one of the The gentleman also made reference will work, if they do not have a job, the original cosponsors of the so-called Na- to the notion of punishing teenage girls child will be punished and the child than Deal bill. I believe that we have who have babies. What punishes teen- will be off of welfare. If the parent can- the best approach, the Contract With age girls who have babies who are 14 not find a job, who, the child gets pun- America notwithstanding. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3381 The Deal approach, and our ap- States. I think that is the responsible needs, which do not just disappear once proach, is for a stronger work require- thing to do. I think the Deal substitute the funds are cut. Their needs will con- ment to bring the dignity of work to will do that, and I would encourage all tinue, the same as before, unless we the American people. We also, unlike of my colleagues, as this debate contin- provide some of the necessary assist- any other proposal, make sure that the ues, to give it great consideration, ance to move them off of welfare into value of a welfare dollar is no more great weight and put aside partisan dif- jobs. than a dollar earned by the sweat of ferences and consider voting for it. The welfare reform proposal that we the brow. And our final bottom line in Mr. GOODLING. Mr. Chairman, I have developed addresses these basic our approach is simply this, if you yield 1 minute to the gentleman from problems by, first, emphasizing work want something from the Government, Texas, [Mr. SAM JOHNSON]. over welfare. One of the basic tenets of then you must be willing to do some- Mr. SAM JOHNSON of Texas. Mr. the proposal is the establishment of thing for yourself. Chairman, Democrats are scared of los- the Work First Program, which fun- Let me talk just a minute generally ing 40 years of tight-fisted control over damentally reforms the JOBS Program about the Deal substitute to the Con- the States. This scares them so much of our current welfare system. The new tract With America. All of us any they have embarked on a big lie cam- Work First Program requires partici- many Members have said tonight and paign to defeat a bill that gives the pants to begin job activities as soon as this afternoon that the present welfare States and individuals the power to they enter the program, providing indi- system, Federal welfare system is bro- create solutions. They still believe viduals with the opportunity to imme- ken. Its evolution has trapped many in Washington knows best. diately begin working their way to- broken families and generational de- This example is best illustrated by ward self-sufficiency. pendence with little, if any, hope. That the Republican proposal to improve the Second, we change the focus of wel- is wrong and we know that. school lunch program. This bill does fare from a seemingly endless hand-out In the present system all too often not cut lunches. It does not cut fund- to a temporary hand up. The percep- the emphasis is on how to receive a ing. We increase funding for the pro- tion of our welfare system as a perma- welfare check rather than how to re- gram by 4.5 percent per year. Let me nent way of life has evolved through turn to work. The present system has repeat, 4.5 percent every year. We are built in disincentives against two-par- not taking away food from anyone. years of providing benefits to recipi- ent families. It has a powerful incen- Republicans believe in change, and ents without a sensible plan for moving tive, actually, for young unwed moth- this bill represents it. The Democrats them off of the welfare system. There- erhood. That is also wrong. continue to believe in the status quo. fore, we propose a time limited assist- There is nothing in the present sys- This was shown by their event last ance program that would empower in- tem really requiring personal respon- Sunday. And would you believe they dividuals to move from welfare to sibility for one’s own future. This is used children as props to help their work. As an incentive to work, the our fault. This is the fault of the Amer- special interest friends raise money, plan would provide transitional assist- ican people and the policymakers. big labor unions, welfare state bureau- ance to make work pay more than wel- The Federal system is broken. We all crats and extremist organizations? fare. We extend the transitional medi- know that. We must fix it, in my opin- Mr. Chairman, I ask my colleagues to cal assistance from 1 year to 2 years so ion, here, before we take the Repub- vote for the real change. Vote against that individuals do not have to fear lican approach and block grant it and big government. Vote for this bill. losing health coverage if they take a dump it in the hands of the States and Mr. CLAY. Mr. Chairman, I yield 4 job. We also provide child care assist- their Governors and their legislatures. minutes to the gentleman from Texas ance for moms so that they are able to That is not the way we need to fulfill [Mr. STENHOLM]. take a job and begin working toward our obligation as Federal legislators. (Mr. STENHOLM asked and was self-sufficiency. After 2 years in a work We abdicate it by just saying we will given permission to revise and extend program, States also would be allowed block grant it and our hands are clean. his remarks.) to deny AFDC benefits to recipients The Nathan Deal bill has a way, I Mr. STENHOLM. Mr. Chairman, I who do not have jobs. think, to address this problem and give rise tonight in strong support of Mr. Third, we propose changing the per- the States the flexibility they need to DEAL’s alternative welfare reform pro- ception that Government bears all of address the problem. In our bill, the posal. Like most Americans, I feel that the responsibility for those in need. In- Deal substitute, is work in exchange the time has come to seriously evalu- dividuals also must accept their share for assistance with a 2-year time limit. ate the structure of our system and of responsibility in providing for their If you are offered a job and do not take provide constructive solutions to prob- families. In order to do this, we require it, benefits end. And if you find a job lems within it. Our current system is recipients to develop an individual plan and refuse to accept it, the same is broken. It must be fixed. for self-sufficiency, which would in- true. I come before you today in strong clude the tools needed to get the indi- We encourage families by ending the support of a plan that transforms our vidual off of welfare and into work. We disincentives in the present system to current system into the type of pro- also strengthen child support enforce- favor marriage. We end the incentives gram that it should be—a temporary ment and hold the parents of minor that lead to unwed teenage mother- helping hand for those who need a mothers and fathers liable for financial hood by demanding liability from par- chance to get back on their feet again. support of their children. The proposal ents and requiring minor mothers to I think we all agree that the focus of allows States to deny increases in live with a parent or guardian and re- welfare reform should be getting people AFDC funding to mothers who have ad- main in school. Personal responsibility off of the welfare rolls and into work. ditional children while receiving these is demanded in our bill and, unlike any It has become very obvious, however, benefits and requires minor mothers to other proposal here, we make benefits that while we may agree on the goal, it live with a parent or a responsible from AFDC and food stamps subject to is not as easy to agree on how to get adult. taxable income, ensuring, as I said at there. Having said that, I feel that the Finally, we realize that a one-size- the outset, that a welfare dollar is not welfare reform proposal we have devel- fits-all approach to welfare reform is worth more than a dollar earned by oped provides a centrist approach to in- impractical, if not impossible, because work. telligently reforming our welfare sys- it does not take into account the wide John Kennedy once said, tem, without hurting those who need a range of needs and programs that exist. Our privileges can be no greater than our helping hand. We must not take the Therefore, we have provided States obligations. The protection of our rights can more limited view that welfare reform with the flexibility necessary to de- endure no longer than the performance of simply means cutting the cost of wel- velop effective programs that meet our responsibilities. fare. Welfare reform is not simply cut- their own specific needs. While the Let us exercise our responsibilities as ting services and denying benefits in Federal Government has a role to play Federal legislators and fix the Federal order to find a budgetary fix. Welfare in setting broad guidelines in order to system before we dump it on the reform involves real people with real maintain a level playing field, State H 3382 CONGRESSIONAL RECORD — HOUSE March 21, 1995 flexibility is the key to reforming our the country. Nothing could be more that point we will hurt those nutrition welfare system. cruel to welfare recipients and children programs. In addition, I believe it is very impor- than the system we have today. We as Let me read what is really wrong tant to include local communities in a policy have created that system. with the system: ‘‘Cash benefits going the process, as well. To that end, we That is an effort to change that par- for drugs, generations of dependency, have provided Federal grant assistance ticular system. children having children, killing chil- to community-based organizations for Look at the children’s nutrition pro- dren.’’ Nothing could be more cruel to coordination of services. The one-stop gram. Who are we trying to feed with the kids that exists than the welfare shop idea is already being explored in those programs? We are trying to make systems that we have today. many communities and many others sure that our poorest children are fed, I look in Chicago, and police found 19 could streamline services with some but yet we continue the policies that children living in squalor in a cold, additional assistance. would create those poverty children dark apartment. Two children in dia- As a participant in the current wel- living in poverty. pers were sharing a bone with the fam- fare reform discussion, I have heard Mr. Chairman, I have the utmost re- ily dog. Why? Because the parents were many times that we should get rid of spect for my colleagues, and many of living on cocaine and drugs. fraud and abuse in our welfare system them on the other side in the Black Child abuse services need to be and I agree. As the former chairman of Caucus; the gentleman from Georgia, brought in, and yes, we need to provide the Agriculture Subcommittee on De- JOHN LEWIS, who walked in Alabama. services for those kids, but we also partment Operations and Nutrition, I However, the Members are wrong in need to eliminate the systems in which have worked tirelessly to correct defi- this. those people are not held accountable. ciencies in the Food Stamp Program When we look at the welfare systems and I am well aware of the need for Karen Henderson of Bakersfield, CA, in the communities with Federal hous- was charged for murder after breast- continued improvement. That is why I ing that persist, with crime-ridden, am pleased to say that we have incor- feeding her baby while she was on with drug-ridden, with black children, crack cocaine. porated a very tough food stamp fraud two out of three, being single parents, and abuse provision in our proposal. We In August 1994, a couple was sen- and to perpetuate that system, when tenced to 6 years in prison for neglect- have also made additional improve- they talk about cruel and unusual pun- ing their 4-month-old son. He bled to ments to the current Food Stamp Pro- ishment, to foster that kind of a pro- death after being bitten 100 times by gram while maintaining the basic food gram, Mr. Chairman, is more than rats because they took the money and safety net for people in need. comprehension. stuck it up their noses in cocaine. That Finally, I strongly believe that we The real reason why my colleagues was in a Federal housing project, which should not fund tax cuts with welfare on the other side of the aisle, the so- breeds that kind of contempt. reform, particularly considering the cialists, the Clinton liberals, we have While an 8-year-old brother screamed enormous deficit problem we are cur- added money in the nutrition pro- in vain for help, 5-year-old Eric Morris rently facing. Our substitute, there- grams, but the real reason they are was dropped to his death from a 14- fore, specifically designates any addi- fighting this, and I went to great ef- story public housing project by two tional savings from the welfare system forts, and the one thing that we cut is for deficit reduction purposes. We are the big Federal bureaucracies. They older boys, aged 10 and 11. That is what already threatening the future of our cannot stand it. That is what they are is cruel, Mr. Chairman. children with the unbelievable respon- fighting, over and over and over again. Mr. Chairman, I ask my colleagues sibility of financing our current spend- Mr. Chairman, the system traps re- on the other side of the aisle, let us ing behavior. I cannot justify adding cipients in an unending cycle. It hurts embrace personal responsibility. Let us additional responsibility to our chil- those, the children, and those that we embrace where we take deadbeat dads. dren by requiring them to finance a tax are really trying to help. This brings I applaud the President for what he has cut before we control our deficit. deadbeat dads for responsibility, a sys- done in following suit. I embrace you, b 1930 tem that encourages fathers that have to take care and make sure that we have the responsibility of parents, so Mr. GOODLING. Mr. Chairman, I run away from their responsibility to get back together with the family. that we can draw less and less for those yield 5 minutes to the gentleman from programs, because we have less people California [Mr. CUNNINGHAM], one of The gentleman says there is no cre- ation of jobs. If I can bring a family to- that need it because their economics the leaders in helping to put this bill are better. We can do that by encourag- together as far as our committee is gether by not penalizing the father that comes with that welfare recipient ing families and increasing the nutri- concerned. tion program for those children that Mr. CUNNINGHAM. Mr. Chairman, I mother and child, and have one of them need it. That is what we have done, Mr. have a book for my colleagues on the work, that is better. That is compas- Chairman. other side. I have gone to town hall sionate. What is incompassionate is the Mr. GOODLING. Mr. Chairman, I meetings. They understand the lie current system, where we have dis- yield 2 minutes to the gentleman from about whether we are adding or cutting incentives to bring those families to- nutrition programs. That book is gether. We have disincentives to break California [Mr. MCKEON]. Mr. MCKEON. Mr. Chairman, I thank called basic mathematics, or the DICK out of the Federal housing programs. the gentleman for yielding time to me. ARMEY syndrome that says ‘‘If you add The personal responsibility, illegit- more money the following year than imacy, we have to attack it, because it Mr. Chairman, I want to express my you have this year, that is an add. If also ties in with child abuse and it ties support for the mandatory work re- you have less, that is a cut.’’ in with the nutrition programs. We quirements contained in H.R. 4. Con- I have also prepared a book in here have increased the nutrition programs sistent with 90 percent American vot- and it is called ‘‘How to tell the truth.’’ by 4.5 percent. President Clinton in his ers, H.R. 4 requires that recipients of I think our colleagues need to take a first budget increased it by 3.1 percent. welfare work in exchange for their ben- look at both of those books. In this budget just a few weeks ago, the efits. The real reason for why are we doing President stood up here and only al- Under H.R. 4, every welfare recipi- welfare reform, Mr. Chairman, why lowed for a 3.6-percent increase in the ents is required to participate in some would we tackle this after the other nutrition program. We increased it by form of work activity within a mini- side of the aisle has the rhetoric that 4.5 percent. Why? mum of 2 years. After 5 years, recipi- they want to reform the system, they There was a movement on our side to ents face the ultimate work require- want to reform it, and they have done cut it, not to zero, but to cut it 5 per- ment, the end of all cash welfare, pe- nothing for 40 years but create the sys- cent, to actually go in and cut the pro- riod. tem that we are under today. gram. I went to the gentleman from In addition, we require States to The current welfare system, Mr. Pennsylvania [Mr. GOODLING] and said have a minimum of 50 percent of adults Chairman, is not compassionate. Look ‘‘If you do that, I will resign my chair- in one-parent welfare families working at the problems that we have across manship of the committee,’’ because at by the year 2003 and require that 70 March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3383 percent of two-parent families work by Why not mandate that the States pro- are tough on work. We require that 1998. vide job training? Mothers cannot get States make cash welfare recipients go Under this bill, with limited excep- up and work in the morning if they do to work after 2 years or less at the op- tions, all work participants must be in not have day care. If Members will tion of the States. After 5 years, recipi- real private-sector jobs, paying real take some time and think about this ents face the ultimate work require- wages, and they must work for a mini- proposal, they will know that in order ment, the end of all cash welfare. mum of 20 hours per week, rising to 35 for a mother to go to work and learn a We require States to have 50 percent hours per week by 2003. skill, she has to have somebody to take of adults in one-parent welfare fami- Under the GOP proposal, 2.25 million care of that baby. We have to talk lies, which is about 2.5 million families welfare recipients will be participating about what is in the best interests of today, working by the year 2003. We re- in work by the year 2003. In the first the children in this country. quire States to have 90 percent of two- year alone, 180,000 recipients will be Lastly, child nutrition. The gen- parent families working by the year working. How do other welfare-to-work tleman from California said we did not 1998. And we define work as real pri- proposals fare under these guidelines? cut money in child nutrition. That is vate sector work for pay. States that The current program, the Job Opportu- absolutely incorrect. The proposal was do not meet these standards lose part nities and Basic Skills Act, while 5.2 percent. This proposal is 4.5 percent. of their block grant, and that is tough boasting a 20-percent participation Anybody who is not even a mathemati- on work. rate, has a mere 26,000 recipients work- cal wizard knows that is a cut. Mr. Chairman and my fellow Ameri- ing. The Clinton proposal would have Not only that, under this block grant cans, we are embarked on a tremen- had zero recipients working in the first proposal, 20 percent of the money could dous debate on historic significance. 2 years, and at its peak would have had be used for other purposes and not We are going to replace a failed system just 394,000 participants in a real job. child nutrition. of despair with more compassionate so- Mr. Chairman I beg the question, who’s b 1945 lutions that encourage work and fami- serious about work? lies and offer hope for the future. Mr. Chairman, in closing, I just want Mr. GOODLING. Mr. Chairman, I Mr. CLAY. Mr. Chairman, I yield 11⁄2 to add that work provides more than a yield myself 5 seconds, just to say that wage, it provides a sense of being, in- Louisiana gets $1.5 million more under minutes to the gentleman from Texas, creases self-esteem, and provides a role our proposal. Mr. GENE GREEN. model for the societal value of self-suf- Mr. Chairman, I yield 3 minutes to Mr. GENE GREEN of Texas. Mr. ficiency, reducing the pattern of de- the gentleman from California [Mr. Chairman, I thank the gentleman, the pendence which currently is passed RIGGS]. ranking member of the committee, for from one generation to another. Mr. RIGGS. I thank the gentleman yielding me the time. Mr. CLAY. Mr. Chairman, I yield 10 from Pennsylvania, the distinguished Mr. Chairman, we are considering the seconds to the gentleman from New chairman, for yielding me the time. Personal Responsibility Act and it is York. I would like really to point out to my an easy bumper sticker name and peo- Mr. OWENS. Mr. Chairman, I just colleagues and fellow Americans that ple will hear for the next few days want ask the gentleman, at what wage this is one of the most consequential some of the easy names, that this bill rate would people get work under this debates not only of the first 100 days or was going to solve out-of-marriage bill? Would they be paid less than mini- even of this Congress but one of the births. I would hope that we have some mum wage? Would they go back to most consequential debates that this reality checks on the other side of the slavery? House will hold in decades. Very few aisle, also, because what this bill does, Mr. CLAY. Mr. Chairman, I yield 11⁄2 Americans would disagree that our it is a transfer of power to the Gov- minutes to the gentleman from Louisi- welfare system no matter how well-in- ernors of the country. This bill allows ana [Mr. FIELDS]. tentioned at its inception is a complete Governors to deny legal immigrants Mr. FIELDS of Louisiana. Mr. Chair- failure today. However, there are many State-funded assistance. The bill al- man, I thank the gentleman for yield- people in this town who have a vested lows governors to remove 20 percent in ing time to me. interest in maintaining the status quo, the 3 block grants for child care, fam- Mr. Chairman, I rise in strong opposi- and they will argue stridently as we ily, and school nutrition. That is where tion to this legislation. The issue is, have heard tonight and as we will con- we would see the cuts on the State first of all, distorted. The issue is not tinue to hear over the next few days, level. The Governors could do that. about the irresponsible mother in and often misleadingly against our ef- Congress should provide a great deal of America. The issue is what is in the forts. So it is important that every latitude for State governments, but we best interests of the child, what is in Member of this Chamber understand also need to make sure that the food the best interests of our children in the bill that we are bringing to the actually gets to those children instead America. floor, why it is important, and why de- of saying, well, we’re guaranteeing it We talk about in 2 years a mother fenders of the status quo are wrong. to a Governor but we’re not guarantee- will be off of welfare and will not re- Toward that end, I want to talk ing it to that child. ceive the benefits. First of all, the ben- about just some of the myths that have I wish to make it clear that that is efits we send to these so-called mothers already been suggested regarding our what we are doing. We are guarantee- is not money for the mother. This welfare reform efforts and provide a ing funding to that Governor but not to money is for the child. The reason we little reality check for each one of that child. Welfare reform is requiring send it to the mother is because the those myths. for work, requiring transitional assist- last time I checked, an infant cannot Myth 1. Your pro-family provisions ance, requiring going to job training. wake up in the morning, grab a check are cruel to children. Reality. It is the We can reform food stamps. Those are out of a mailbox, and go to the bank current system that is hurting children all goals that we should have and I and cash it, so that is why we send the by encouraging self-destructive behav- think we should have on this side of money to the mother. It is for the ior, dependency, and out-of-wedlock the aisle but I am on the committee child. It is in the best interests of the births. Our bill does not end assistance that this bill was considered and we did child. to children, only cash assistance. No not have a bipartisan bill. This was Mr. Chairman, we talk about ‘‘Two responsible parent would reward an ir- laid out and literally rolled over in two years and you are off.’’ That sounds responsible child with cash payment days’ time. That is why a lot of us are real good, but who is going to suffer? for an apartment. No responsible em- opposing it, because it will cut chil- Children are going to suffer. In 2 years, ployer would give workers a raise sim- dren’s nutrition, because the only children are going to be dying of mal- ply because they have additional chil- guarantee it is to the Governors of the nutrition in this country, because they dren. Taxpayers should not do those States and not to the children of our will not have milk to drink. things, either. country. We say they have to work. If they do Another myth. Your bill is weak on The House of Representatives is debating not work in 2 years, that parent is off. work. Reality. Our work requirements the Personal Responsibility Act. H 3384 CONGRESSIONAL RECORD — HOUSE March 21, 1995 A bumper sticker name for a bill which will This shortsighted and intolerant leg- tive if you do not have a jobs program place sweeping powers in the hands of Gov- islation does not put forth the con- which can do the training and edu- ernors to reform welfare. structive agenda to reform. It is to cation with the supportive child care? What are some of powers that Governors punish people merely because they are The Republicans completely ignore will be given? poor. the child care aspects of it. The current The bill before us will allow Governors to Although most welfare mothers try law today requires and guarantees that deny legal immigrants and State funded as- hard to support their families and try every welfare recipient who finds work sistance based on economic needs. to find a decent job that pays a living must be provided with child care. That The bill also allows Governors to move 20 wage, the Republican bill makes no ef- has been repealed. percent of funds from the three block grants fort to help them. Instead, the Repub- The AFDC families are willing to for child care, family and school nutrition pro- lican bill gives every recipient family a work, want to work, need the help, and grams. ticking time bomb by putting time the Democratic substitute is the bill Congress should provide a great deal of lati- limits on the amount of time that they that must pass this Congress. tude to State governments to be innovative can receive benefits and cutting them Mr. GOODLING. Mr. Chairman, I and imaginative, but Congress must also en- off even if they have tried hard and yield 1 minute to the gentleman from sure Federal assistance is used by the people cannot find a job and they do not even California [Mr. RIGGS]. Then I will who most need that help. provide child care while the woman close the debate. This bill provides a guarantee to Governors goes out to hunt for work. This bill Mr. RIGGS. I thank the gentleman for the funds included in the block grants. turns a cold shoulder also on legal im- again for yielding me the time. I wish to be very clear on this point: A Gov- migrants that have been lawfully ad- I just wanted to respond since the ernor is guaranteed funding but not a child. mitted into the country by denying question of immigrants came up and Welfare reform is called for, requiring work them many of the programs, and they make clear again, reality check, we are requiring transitional assistance, reforming came to America in search of oppor- not bashing immigrants, we are giving food stamps are all goals which must be ob- tunity and they are being cut off arbi- strength to the longstanding Federal tained but not at the cost of school children, trarily, in my view unconstitutionally. policy that welfare should not be a and nutrition. There are 9 million children in a magnet for immigrants, legal or ille- The fatal flaw in the school breakfast and total of 14 million people who are re- gal. lunch block grant is it does not guarantee a ceiving welfare benefits today. The Re- To accomplish this, we do 4 things: child a meal but just as important it does not publican bill would arbitrarily cut We prohibit legal aliens from the big 5 take into affect that foods costs increase along these children off from cash benefits magnet programs, cash welfare, food with school population. because of what their parents did or stamps, Medicaid, title 20, and SSI Without increasing the funds as a result of would not do. If their parents are un- which has been an especially egregious food cost inflation and increased population, a able to find work, if their mother is source of abuse by legal aliens. We local school district will be forced to increase teenaged, if they cannot locate their make the alien sponsor’s affidavit le- local tax rates to make up the short-fall. fathers, they would be cut off arbitrar- gally binding and enforceable. We We will hear on one side that funding is in- ily. It would destroy the frail chances apply the existing deeming rule to all creased and on the other side there are cuts. these children would have to survive by Federal means-tested programs so that The simple fact is we are all guessing be- relegating them and their families to in these programs the income of an cause this bill has been rushed through the the status of second-class citizens in alien sponsor is deemed to be the Congress like a runaway train. this country just because they are alien’s. Mistakes have been made. At one point poor, because their mothers were teen- Lastly, we authorize Federal and 57,000 military children were left out. agers or because they were born out of State authorities for the first time to We must be diligent in reforming welfare but wedlock. go after deadbeat sponsors. We are when we are forced to take up legislation Republicans say that the answer is strengthening current immigration which has been run through with little discus- that welfare parents must go to work. policy, not bashing anyone. sion, mistakes are made. We agree. I believe that the working Mr. GOODLING. Mr. Chairman, I Earlier, A fellow Texas colleague states that potential of welfare recipients is very yield myself the balance of the time. we should not take away someone's dream, high. I have studied this issue for The CHAIRMAN pro tempore. The and I agree but we should also not take away years. The average recipient already gentleman from Pennsylvania [Mr. a helping hand. has 41⁄2 years of work experience when GOODLING] is recognized for 51⁄2 min- Reform is needed, but informed reform is they come on to welfare. They want to utes. real reform. work. Their problem is some personal Mr. GOODLING. Mr. Chairman, at Mr. CLAY. Mr. Chairman, I yield the problems have affected their ability to least I am glad to hear as I have heard balance of my time to the gentle- hold down a job. Perhaps someone is ill all evening that everyone now has a woman from Hawaii [Mrs. MINK]. or they do not have adequate child welfare reform program. I am also The CHAIRMAN pro tempore (Mr. care. 56 percent come into welfare with happy to hear that everyone now be- HASTINGS of Washington). The gentle- a high school diploma or more. Most of lieves that the system is broken and woman from Hawaii [Mrs. MINK] is rec- the recipients stay on only for 11 needs fixing. We have come a long, long ognized for 4 minutes. months. The problem with the current way. If nothing else, we have gotten (Mrs. MINK of Hawaii asked and was system is it has not offered a helping that far. given permission to revise and extend hand to the women. If they had the It was interesting to hear a good her remarks.) help they probably would have gone off friend of mine say, at least on two oc- Mrs. MINK of Hawaii. Mr. Chairman, welfare much sooner. casions on the other side this evening, I thank the gentleman my ranking So the help that the Democratic sub- he had this welfare program but they member for yielding me time. stitutes provide is the help of finding a filibustered it to death. I did not know I rise today to decry the punitive job, giving them adequate education, we had such an opportunity. I thought measures contained in the Republican and providing the essential child care 5 minutes and you object and that is bill which would desert the most im- which cannot be left out of the pro- the end of anybody speaking, and I am poverished and youngest citizens in our gram. This is what the Republicans do sure he was talking about the House of country during their time of great not seem to understand. You cannot Representatives. need. simply block-grant money to the What we are trying to do is take The drastic changes proposed by the States without mandating the essen- these people out of slavery, not put Republican bill would devastate com- tials, which is education, training and them into slavery. That is where they munities in every State by eliminating a good child care support program. are at the present time, because we vital programs as you have heard dis- What the Republicans have done in have denied them the opportunity to cussed this afternoon that these com- their bill is to repeal the jobs program. ever get a piece of the American munities have relied on for many, Yet they say their bill is for work? How dream. For 30 or 40 years, the situation many decades. can you provide a work ethic or incen- keeps getting worse and worse, and we March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3385 deny more and more an opportunity for change I realize upsets everyone. But gram, has said enough, and that is why a piece of that American dream. We change is necessary. It is also inevi- welfare reform strikes a chord with the have to admit the failure, which we are table. American public. doing this evening on both sides of the I would hope when we come back and The food stamp program provides aisle, and now do something to change begin the amendment process, and benefits to an average of 27 million it. there are a couple of amendments that citizens in this country, upward of Let me talk just a few minutes about will deal with a couple of issues that I maybe 28 million each month at an an- the provisions from our committee. I heard mentioned tonight, which I have nual cost of more than $25 billion on an am sure everyone knows that the Per- concerns about, and they will be taken annual basis. For the most part, these sonal Responsibility Act which was care of in that process, but I hope when benefits really go to families in need of part of the contract included a pro- we finish, we will no longer go on say- help and are used to buy food to feed posal for a single food and nutrition ing, ‘‘Well, the system doesn’t work these families, and there is no question block grant. To that I said, ‘‘No way, and we ought to do something about in my mind that the food stamp pro- Jose,’’ which is the same thing that I it.’’ We will take the bold step to make gram helps poor people and those who said in the early 1980’s. The leadership the necessary changes to free the mil- have temporarily fallen on hard times. lions who are now enslaved with the then said, and I think using good judg- However, there is also no question in existing system. ment, ‘‘Okay, then you, as the major- my mind that it is in need of reform. ity members of the committee, come b 2000 Recently, I reviewed a September 22, up with your program.’’ And we did. Mr. Chairman, I would encourage all 1981, subcommittee hearing. Let me re- We have also heard many times this peat that, 1981. And the hearing was on evening how wonderful the program is to support those changes. The CHAIRMAN. The time of the fraud in the food stamp program. I re- working when you talk about school viewed that 14-year-old record with lunch and child nutrition. No one has gentleman has expired. All time has expired. some degree of concern and dismay. defended it more than I have. But there In both hearings, and we just held a are problems, folks. It can be a much To control debate from the Commit- tee on Agriculture, the gentleman from hearing in the Committee on Agri- better program. If you only have 50 culture as of this year on February 1, percent of the free and reduced-price Kansas [Mr. ROBERTS] and the gen- and in both hearings the reports were people who are eligible participating, tleman from Texas [Mr. DE LA GARZA] will each be recognized for 45 minutes. almost identical, the one in 1995 and there is something wrong with the pro- The Chair recognizes the gentleman the one in regards to 1981. There were gram. And you can look at the statis- from Kansas [Mr. ROBERTS]. reference to food stamps as a second tics and that is exactly what it tell Mr. ROBERTS. Mr. Chairman, I yield currency, food stamps being used to you. If only 46 percent of the paying myself such time as I may consume. buy guns, drugs and cars. It is discour- customers who are eligible are partici- Mr. Chairman, I rise in support of aging that these events have not pating in the program, something is H.R. 4, the Personal Responsibility Act changed. wrong with the program. of 1995. We all know the hour is late, On September 3, 1981, the TV inves- Secondly, the American school food but we also know that the debate in re- tigators and the news reports talked service people have told us over and gards to welfare reform, if it is a late- over again, the rules and the regula- about the great food stamp scandal. In burner topic, it is also a front-burner January of 1995 and again in March of tions and the red tape are killing them. topic in this town, and all throughout They are taking money out of the chil- 1995 various news teams did similar the Nation. stories and picked up on the film, the dren’s mouths to do all of the paper- Last November, the American public work that is required by the Federal tape we have from the new Inspector spoke very decisively on wanting General from the Department of Agri- Government. So we can change that. change, and welfare reform was a And then there is some fraud, be- culture. As I said, it is very discourag- central theme in the election, was a ing. cause we encourage some of it the way central theme 2 years ago in the Presi- it is set up, because it is much more The good news is we have a very dent’s election. The component in re- strong fraud provision, anti-fraud pro- advantageous to count as many as you gards to food stamp reform that comes can possibly get away with as free, be- vision. It is bipartisan. It is backed by under the jurisdiction of the House Ag- the administration and by the minor- cause the reimbursement is far greater riculture Committee is in reference to if you do that. ity and the majority. food stamps. However, the situation is much worse So as I indicated, we are trying to set I would inform my colleagues that up programs that will meet the local today in 1995 than it was in 1981. food stamp spending has increased al- Abuses in the food stamp program in- areas’ needs. What might work in most every year since 1979. We are all volve selling food stamps at discount Flint, Michigan may not work in Kan- familiar about the good work that the grocery stores. They are not grocery sas, or in York, Pennsylvania. We have food stamp program has done in terms stores. It is a sham. They are set up to to allow some flexibility so that we can of workers who have been unemployed launder food stamps, even abuse of the get more people participating in these or of families that have had real trag- programs. We know you cannot edu- edy. Electronic Benefit Transfer system. cate a hungry child. So what is happen- The food stamp program provides Also, the Department of Agriculture ing to that 50 percent that are not par- that needed bridge during a time of reports that for the most recent year ticipating? They are probably not hardship and when the economy slipped $1.8 billion in food stamps was issued in doing too well in school. We get reports into recession. We must maintain that error, meaning that the eligible fami- from parents who say, ‘‘We’re not bridge, and H.R. 4 does just that. It lies receive too much in food stamps or going to send that money to school, or provides a Federal safety net, but it people who are not eligible receive sign up for them to participate if they eliminates food stamps as a way of life. these benefits. That is $1.8 billion. That are going to not participate or they’re However, I would point out that dur- is a combination of errors, some on the going to throw the food away.’’ ing the last 15 years the economy has part of States that administer the food Again, I say over and over again, we not always been in a recession, and we stamp program, some on the part of positively owe it to the millions that have had record growth in regards to the participants receiving food stamps we have enslaved in this welfare sys- the economy. But food stamp spending and some, unfortunately, willful and tem that has been created well- kept increasing. intentional violations of the act. That meaningly over a 40-year period, we Now common sense would suggest is $1.8 billion of taxpayer money lost to owe it to those people to have an op- that food stamp spending should go fraud and error. portunity, like I have had and everyone down when the economy is strong, but It is also lost to the recipients, the in this Congress has had, to get a part that has not been the case. Why? Be- true recipients of the food stamp pro- of the American dream. cause our Congress kept expanding the gram. Unfortunately, the food stamp They are not getting it at the present benefits, and the American taxpayer, program does not always really deliver time. We must make change and who really foots the bill for the pro- the benefits to eligible people, and H 3386 CONGRESSIONAL RECORD — HOUSE March 21, 1995 those who are eligible do not always We are going to hear a lot of rhet- Abuse of the program occurs in three use their benefits for food, and so oth- oric, have heard a lot of rhetoric. It has ways: fraudulent receipt of benefits by ers really participate in this activity been said in the press over and over recipients, street trafficking in food including grocery store personnel, mid- again and by certain critics of reform stamps by recipients and trafficking dlemen and criminals involved in illicit that, for goodness sakes, there might offenses made by retail and wholesale behavior. be a problem with food stamps down grocers. Let me quote from one report. ‘‘In the road because we only allow for a 2 H.R. 4 doubles the disqualification September, 1994, the U.S. Justice De- percent increase. Used to be before we periods for food stamp participants partment indicted a couple on charges had it as an entitlement program and who intentionally defraud the program. they used their restaurant supply busi- before 1990 when we had a spending cap For the first offense the period is ness to illegally acquire and redeem that the Congress had that responsibil- changed to 1 year. For the second of- $3.5 million in food stamps.’’ $3.5 mil- ity, we would come back every year fense the disqualification period is lion, one couple. ‘‘Undercover agents and determine whether or not addi- changed to 2 years. Food stamp recipi- say they watched family members cart- tional funds were needed. That is the ents who are convicted of trafficking in ing shopping bags of cash to the banks responsibility of the Congress. food stamps with a value over $500, in $2,000 bundles of $20 bills. Once de- The food stamp deductions are kept they are permanently, permanently posited, the money was almost imme- at 1995 levels instead of being adjusted disqualified. diately transferred to accounts in Hong automatically. Again, it is off of the Also, H.R. 4 requires States to use Kong,’’ Mr. Chairman, ‘‘where it was automatic pilot for increases in the the Federal tax refund offset program withdrawn, usually by relatives within Consumer Price Index. Food stamp to collect outstanding overpayments of 24 hours.’’ benefits will increase, increase, not a food stamp benefits. The trafficking by Or another report, ‘‘a USDA under- cut, increase, increase up, not down, unethical wholesale and retail food cover officer got a taste of how compla- not a cut, at the rate of 2 percent per stores is a serious problem. Benefits we cent the big-time traffickers can get year to reflect increases in the cost of appropriate for needy families are when he investigated an Orange, NJ, food. Food stamp spending will no going to others who are making money family that used their little store to longer grow out of control. illegally from the program. That is fence stolen goods and traffic in food Oversight from the committee is es- wrong. stamps. And the undercover officer sential so that reforms are needed or Therefore, H.R. 4 limits the author- used the food stamps to buy cars, TV the committee will act. And, yes, if we ization period for stores and provides sets, children’s toys, cocaine, micro- would have a recession and, yes, if food the Secretary of Agriculture with wave ovens, and a video camcorder prices would go up and, yes, if in fact it other means to ensure that only those stores abiding by the rules are author- from the family. Then he used the were needed I am sure the Congress ized to accept the food stamps. video camera, one to test it, then would support a supplemental appro- Finally, H.R. 4 includes a provision filmed the roomful of stolen goods and priation. that all property used to traffic in food the agreeable family of crooks.’’ States are provided the option of har- stamps and the proceeds traceable to This bad reputation has undermined monizing their new AFDC programs any property used to traffic in food the public support for the Federal food with the food stamp program for those stamps will be subject to criminal for- stamp program and for welfare. It is people receiving assistance from both feiture. Big step in preventing fraud. unfortunate. It is wrong. Polls indicate programs. Since 1981, the committee The Electronic Benefit Transfer sys- that half of the American public sup- has authorized demonstration projects tems have proven to be helpful in re- port cuts in the food stamp program, aimed at simplifying the rules and regs ducing the street trafficking in food and I believe this is due to the flagrant for those receiving assistance from stamps and to provide better adminis- abuses that are seen on the street al- AFDC and food stamps. States have tration of the program. They have pro- most any day. We don’t want this. complained, recipients have com- vided law enforcement officers a trail As I indicated before, the food stamp plained for years about the disparity through which they can find and really program is a bridge. It is a needed pro- between AFDC and food stamp rules. prosecute. The EBT systems do not end gram. It has helped the poor. And so We need one-stop shopping, one-stop the fraudulent activity, but they are the commitment in regards to the anti- service. This bill provides them the op- instrumental in curbing the problem. fraud provision is a good one, and it is portunity to reconcile these dif- Additionally, the EBT is a more effi- bipartisan. ferences. It is now time to provide all cient method to issue food benefits for After careful deliberation, the Com- States, all recipients with this option. participants, States, food stores and mittee on Agriculture determined that H.R. 4 contains a tough work pro- banks. the food stamp program for the present gram. We have heard a lot about that. For all of these reasons, H.R. 4 has should remain a Federal program for Able-bodied persons between the age of included changes in the law to encour- the following reasons: First, States 18 and 50, with no dependents, no de- age States to go forward with the EBT will be undergoing a transition to pendents, will be able to receive food systems. State-designed welfare programs. Dur- stamps for three months. Eligibility, ing this period, the food stamp pro- however, would cease at the end of the b 2015 gram will remain the safety net pro- 3-month period if they are not working Mr. Chairman, this bill and the con- gram and able to provide food as a at least 20 hours per week in a regular tribution of the Committee on Agri- basic need while this transition is tak- job. culture to the bill, I think, represent a ing place. The food stamp program will This rule will not apply to those who good policy decision. We have kept the be reformed, costs will be controlled, are in employment or training pro- Food Stamp Program as a safety net and we will ensure that every Amer- grams, such as those approved by a for families in need of food. We have ican in need will have access to food. governor of a State. A State may re- taken the program off of automatic Now, given the hearing record, the quest a waiver of these rules. pilot and placed a ceiling on spending. lack of public support and the dollars Let me repeat that. A State, a gov- We save approximately $20 billion over involved, the committee could not con- ernor, may request a waiver of the 5 years. tinue the program without significant rules if the unemployment rates are Congress is back in control of spend- reforms. Our five hearings held be- high or if there are a lack of jobs in the ing on food stamps on a periodic basis. tween the 1st of February and Feb- area. We have that waiver. We just ex- If additional funding is needed, as I ruary 14 of this year dictated the pect able-bodied people between 18 and have said before, Congress will act to course of the changes needed in the 50 years who have no one relying upon reform the program so that it operates food stamp program. The food stamp them to work at least half time if they within the amount of funding allowed, program is taken off automatic pilot, want to continue to receive the food or it will provide the additional fund- and control of spending for this pro- stamps. It is essential to begin to re- ing as necessary. States are provided gram is returned to the Congress. store integrity to the program. with an option to really harmonize March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3387 food stamps with the new welfare re- policies, the old policies took care to over $21 billion over 5 years. If this sav- form programs, the AFDC programs. see that this was accommodated for. ings was the result of people moving We take steps to restore integrity to Under the present bill, it cannot be. from welfare into jobs, this bill would the Food Stamp Program by giving law It cuts 2 percent annually of increase, have the support of every Member of enforcement and the Department of but if the food prices go beyond that, this House, I am sure. However, 4 saves Agriculture additional means to cur- then it does not cover. Then you will money simply by reducing benefits and tail fraud and abuse. We encourage and have a problem, and there are those kicking people off the program who facilitate the EPT systems. We begin a who would say, well, you can always cannot find jobs on their own. tough work program so able-bodied come back and ask for more. And let me tell you, I can categori- people with dependents who are be- Under the Budget Act and the atmos- cally state to you, because I hear this tween the ages of 18 and 50 can receive phere around here today, you cannot at home, I mean, these moneys that we food stamps for a limited amount of come back for more. What this bill use are hard-earned dollars paid to the time without working. does, it places a cap on annual food U.S. Government in taxes, and we have I think this represents good food stamp expenditures, and that gets into a moral responsibility, we have a sa- stamp policy. I urge my colleagues to some, and I have never seen it before, cred responsibility to see that these support this bill. and I feel maybe that we may be yield- funds are used adequately, and there is Mr. Chairman, I reserve the balance ing to outside factors, but the way that no way to reform a program that is de- of my time. the dollar levels would be arranged in signed to keep our children from going that will be the CBO projects low un- Mr. DE LA GARZA. Mr. Chairman, I hungry. yield myself such time as I may employment, assumes no recession in How do you reform that? Make more the next 5 years. But if that assump- consume. people go hungry? tion is not correct, then we have a Mr. Chairman and my colleagues, I But we are responsible. We have been problem that we have here somehow would like to first express to all of my responsible. But you do not do your re- that we will act according to what the colleagues the fact that I do not con- sponsibility, as we have done, to the CBO projects, and that figure, that sider this entire legislation in any part tune of $65 billion for 12 years, a little CBO gives, will be the figure used, and welfare reform, although we have a I do not know how that works. That over 12 years. We have done it, but not strong section on fraud and abuse. Oth- has never been tried before. by reducing benefits and kicking peo- erwise, it is merely a reduction in fund- That does not mean that you do not ple off programs where they get food or ing over $21 billion, and it will cause do something that has never been tried in some other areas attention for their hungry people to no longer be able to before. That would not be right to say needs. attain a nutritionally adequate diet. that. But in this case, we know how it So the reduction in spending result- I know there is great controversy has worked, and it would be virtually ing from implementation of this bill, about the Food Stamp Program in the impossible under the Budget Act since also, we insist if it is to be done, it abuses, in the fraud, but the fact is to get an added expenditure you would should go for deficit reduction. That is that the average, or more than 40 per- have to have offsetting tax increase or what people are speaking on through- cent of the recipient households have offsetting cuts someplace. out the countryside, ‘‘Reduce the defi- income below 50 percent of the poverty So the fact is that you have to go cit.’’ I just heard it before I boarded guideline and only 20 percent have sig- take from the poor to help the poor. the plane this morning, ‘‘Reduce the nificant earnings. And those that would lose jobs during a deficit.’’ This we must do, that the re- The program has always been respon- recession will not have food benefits duction be used to address the deficit. sive to the needs, and in this year of adequate for their families to have a And I urge my colleagues to commit our lord, 1995, in the United States of healthy diet. We do not accept the ma- themselves to true welfare reform. America, the most powerful country in jority’s assumption that there are Welfare reform does not mean saying the world, we should not have to admit plenty of jobs available, and if hungry it. Welfare reform does not mean 30- that there is hunger in the country- people are denied food benefits, they second sound bites. Welfare reform side, that there is hunger in the cities. will get a job. does not mean saying there are no-ac- I know that there is great policy de- The fact is that there is little welfare count, lazy people out there. Welfare bate and disagreement, but the fact reform in this bill. There are no job- reform is what we have been doing, that you cannot deny is that there are training requirements in the bill. It what we have done before there was a hungry people. There are children who only says that States will provide em- contract, before there were many of go to bed hungry at night. That cannot ployment and training to food stamp the new Members that are here. We be denied. That cannot be covered by families. That is deleted, and funding have done that. We have been doing policy. That cannot be covered by say- for this activity is eliminated, and so that. We did it in 1977, we did it in 1981, ing Democrat or Republican. That is a we have to look at what it is that we we did it in 1985. fact. That is a fact that cannot be de- are doing, and if given adequate job We have addressed these issues, not nied. training and employment counseling, I necessarily only in the Food Stamp And my concern here this evening is know people will work. I know that Program. But we have. We have had that we go solely on cutting. We should they will work. chairmen of the subcommittee that not have to do that, because this com- There are those that say, ‘‘Well, they have worked diligently and throughout mittee, and the distinguished chairman don’t want to work. I can’t find anyone that process. The distinguished chair- has worked on this effort, has reduced to cut my lawn.’’ There are people who man, our colleague, the gentleman by over $65 billion in the past 12 years, would like to work even if it is cutting from Missouri [Mr. EMERSON], has been more than our share of responsibility a lawn, but if you only have one of a part of this. in the budget. Had every committee in those in a month, what would you do? So no one can say that we did not ad- this House done what the Committee And in my area, I see a lot of people dress the issue. Not one can say that on Agriculture has done, you would not doing that with this help. we were not responsible. No one can have to worry about a deficit. You In other areas, also, AFDC, the WIC, say that in any way we reduced simply would not have to worry about deficit school lunch, we are making radical re- for the sake of reduction. We reduced reduction if everyone had done what we forms that, when coupled with changes because it was the right thing to do. have done. in the food stamp provision in H.R. 7, We went to areas where the program So our concern here is that each year greatly compromise our Federal food needed change. We have made those the size of a household food stamp al- safety net. Reason argues for leaving changes. lotment is adjusted to reflect any one program as a backstop in case re- So what we do today is for other rea- changes in the cost of food. This goes forms in other programs falter or fail. sons besides welfare reform. It is for back to the old policies for 40 years. We We have now learned that the CBO other reasons besides doing the right have not had the Food Stamp Program estimates that the reduction in food thing. It is for other reasons, and you, for 40 years, but nonetheless, the old stamps, as I have said before, will equal all of my friends, know what the other H 3388 CONGRESSIONAL RECORD — HOUSE March 21, 1995 reasons are, and this is no way to legis- eroded. We cannot stress enough the impor- net. Reason argues for leaving one program late. tance of maintaining a nutritionally adequate as the backstop in case reforms in the other Mr. Chairman, the food stamp provisions of diet. It is the linchpin upon which this program programs falter or fail. H.R. 4 cause me great concern. Although I am is based and upon which all changes to the For those who have worked on far-reaching relieved that the Food Stamp Program, unlike program must be measured. This bill com- and comprehensive legislation in the past, the the National School Lunch Program and other pletely abandons the principle that poor and process of reforming welfare in this Congress child nutrition programs, including the WIC hungry families deserve, at minimum, a nutri- has been most disturbing. The frantic pace at program, will not be immediately turned into a tionally adequate diet. I am submitting for the which we are required to move has assured block grant by this bill, the enormous reduc- record a chart showing that in two years H.R. that very little thoughtful consideration and de- tions in funding, over $21 billion, will cause 4 will begin to deny hungry families the liberation can take place. The Committee on hungry people to no longer be able to attain chance to purchase a healthy diet. Agriculture, over Democratic objections, a nutritionally adequate diet. As we strive to In the second instance, the bill becomes marked-up this bill without a CBO estimate. It find the most effective ways to help poor par- even more unresponsive to economic fluctua- is impossible to know the full implication of the ents achieve self-sufficiency, there is no ex- tions by making it extremely difficult for the bill's benefit reductions on the poor and hun- cuse for limiting their ability to adequately feed program to respond to increases in need dur- gry of this country without the CBO estimate. their children. ing recessions. H.R. 4 places a cap on annual The majority many times during mark-up stat- The Food Stamp Program is the country's food stamp expenditures at the exact dollar ed that the bill they presented for approval largest provider of food aid and one of its levels that the Congressional Budget Office was believed to save $16.5 billion over 5 most extensive welfare programs. In fiscal estimates the program will cost given imple- years. We have now learned that CBO esti- year 1994, it helped feed more than 1 in 10 mentation of the provisions in the bill. The mates that the reductions in food stamp bene- people in this country. Half of the beneficiaries CBO projects low unemployment and as- fits that will result from the food stamp title of are children, and over 15 percent are elderly sumes no recession in the next five years. We H.R. 4 will equal over $21 billion over 5 years. or disabled. More than 40 percent of the recip- hope that this assumption is correct, but if it is The concerns of the minority over $16.5 bil- ient households have monthly income below wrong and the Nation faces a recession, ben- lion in benefit reductions are magnified several 50 percent of the poverty guideline, and only efits to poor and hungry families will be re- times when the reductions exceed $21 billion. 20 percent have significant earnings. duced. There is no provision for an upward If these savings were the result of people The program has always been very respon- adjustment of the cap if the number of bene- moving from welfare into jobs, this bill would sive to changes in the economy in two major ficiaries rises during a recession. Any effort have the support of every member of Con- ways. In the first instance, each year, the size under those circumstances to raise the cap, gress. However, H.R. 4 saves money simply of a household's food stamp allotment is ad- under the 1990 Budget Enforcement Act, by reducing benefits and kicking people off the justed to reflect any changes in the cost of would be virtually impossible, since it would program who can't find jobs on their own. This food. Here is how that works: Maximum require an offsetting tax increase, a cut in an- is no way to reform a program that is de- monthly food stamp allotments are tied to the other entitlement, or an emergency designa- signed to keep our children from going hungry. cost of purchasing a nutritionally adequate low tion. At exactly the time when poor people Finally, the minority is pleased that the com- cost diet, as measured by the U.S. Depart- need help most, they will receive less food as- mittee approved a Sense of the Committee ment of Agriculture, plus 3 percent. Food sistance. The working poor, those most likely provision that the reduction in spending result- stamp benefits are based on 103 percent of to lose jobs during a recession, will not have ing from implementation of this bill must go to- the Thrifty Food Plan to acknowledge the fact food benefits adequate to feed their families a ward deficit reduction. This policy must now that food prices usually have increased be- healthy diet. be adopted for H.R. 4. There should be only tween the time that the cost of the TFP is de- Everyone can agree that we need additional two reasons to seek reductions in the Food termined and the time that benefits are ad- budgetary controls on our federal budget. Stamp ProgramÐ(1) to reduce the deficit, and justed and distributed. (The cost of the TFP is However, this is a most inhumane way to (2) to reallocate resources in such a manner determined in June, and benefits adjusted be- achieve such control. Hunger cannot be that allows the participants to achieve self-suf- ginning the following October. Those adjusted capped. We must allow the one program that ficiency (such as employment and training). benefits are not adjusted again until the next provides a minimal safety net to keep hunger Any attempt to use the savings to finance tax October, 15 months after the TFP adjustment.) at bay to respond to recessionary times. cuts must be roundly denounced. We cannot This formula helps assure that families receive We must conclude that the majority's bill is stand by and allow an erosion of food benefits benefits reflective of the cost of food at the a cost savings bill, nothing more. There is little for the poor to provide tax breaks for those time they are purchasing the food. This diet is welfare reform in this bill. For example, there who are far better off. called the Thrifty Food Plan [TFP], and it is are no job training requirements in this bill. I urge my colleagues to commit themselves the cheapest of four food plans designed by The current requirement that states provide to true welfare reform, not to this bill that does USDA. USDA determines the cost of a market employment and training to food stamp fami- little more than deny and reduce benefits to basket of low cost food items necessary to lies is deleted, and funding for these activities hungry families in the name of welfare reform. maintain a nutritious diet. The TFP is priced is eliminated. Instead, the same level of fund- Mr. Chairman, I reserve the balance monthly, and food stamp allotments are ad- ing is provided to states that choose to oper- of my time. justed, up or down, each October to reflect the ate a program requiring that families work in Mr. ROBERTS. Mr. Chairman, there cost of the TFP in the previous June. The Oc- public service jobs in return for their food is one man in the Congress who prob- tober adjustment in 1995 is expected to be an stamp benefits; but, only 6 states operate ably knows more about food stamps increase of approximately 3.5%, reflecting the such programs, and none of them are state- and has contributed more of his time percent of increase in the cost of food. This wide. We do not accept the majority's as- and effort to food stamp reform and the mechanism assures that no family will get less sumptions that there are plenty of jobs avail- problem of hunger and malnutrition in than what it needs to maintain its ability to able, and if hungry people are denied food America than any other, and that gen- purchase a nutritionally adequate, albeit low benefits they will get a job. People do not pre- tleman is the gentleman from Missouri cost, diet. fer poverty over self-sufficiency. If given ade- [Mr. EMERSON]. The gentleman from H.R. 4 will limit any increases in the food quate job training and employment counseling, Missouri [Mr. EMERSON] has served stamp allotments to 2 percent annually, even and if jobs are available, people will work. This with distinction on the Select Commit- if food prices increase nationally more than 2 bill provides no such incentives. tee on Hunger and has served with dis- percent. While the majority can argue that This process has not produced true welfare tinction on the House Committee on nominal benefits will not be reduced under reform. Merely cutting the Food Stamp Pro- Agriculture. He is the distinguished their bill, benefits will no longer keep pace with gram at some arbitrary level is not reform and gentleman who has been the leader in the cost of food. Given current estimates of no one should mistake it as such. This bill food stamp reform and is the chairman what will happen to food prices in the future, simply goes too far in undermining our federal of the appropriate subcommittee. it is expected that in 2 years food stamp fami- food assistance safety net and leaves our Mr. Chairman, I yield 11 minutes to lies will no longer receive benefits adequate to poor families vulnerable to hunger. In other the gentleman from Missouri [Mr. EM- purchase a nutritionally adequate diet. Allot- areas, AFDC, WIC, school lunch, we are mak- ERSON]. ments will have fallen below 100 percent of ing radical reforms that when coupled with the (Mr. EMERSON asked and was given the Thrifty Food Plan. Each year thereafter, changes in the food stamp provisions of H.R. permission to revise and extend his re- under the majority's bill, benefits will be further 4 greatly compromise our federal food safety marks.) March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3389 Mr. EMERSON. Mr. Chairman, I rise programs with different rules and regu- system to provide one-stop-shopping in support of H.R. 1214, the Personal lations people fall through the cracks for participants, and State administra- Responsibility Act. For the past decade in the system and also take advantage tors who must deal with the day-to-day this topic of reforming welfare has of the system. This must stop. How obstacles that are placed in their way been an abiding interest of mine and I anyone could defend the present struc- by Federal rules and regulations. Wit- am guided and motivated by the words ture and system is a puzzle to me; un- nesses traveled from all over the Unit- of Abraham Lincoln ‘‘The dogmas * ** less it is persons who benefit illicitly ed States to tell the subcommittee of of the * * * past are inadequate to the from the fractured welfare mess we their experiences operating programs present. We must think anew and act find ourselves in today, be they welfare to help poor families. Two of the mem- anew.’’ recipients who take advantage of the bers of the welfare simplification and The present welfare system cannot be system or advocates who thrive on the coordination advisory committee told defended. It is a disgrace. The people power derived from establishing new us of the experiences deliberating the who receive the assistance do not like programs. Advocates of the humane complexities of the present system. it; the people who run the system do system, a cost-effective System, an ef- Others provided the subcommittee with not like it, and the taxpayers will not ficient system, a system that helps their ideas on how to improve the sys- stand for continuation of the present people up, off and out could find little tem. welfare maintenance system. solace in the current system. I believe the debate on reforming the There are welfare programs that pro- Over the past years I have come to welfare system has truly begun. In the vide public assistance directly to indi- the conclusion that an effective wel- past we were only dealing with reform vidual families through cash benefits fare system is one that encompasses at the margins. We have now started for food coupons; programs providing what I refer to as one-stop-shopping. on the path to real reform. work or training to get able-bodied We need a lot of integration, consolida- This reform will not be accomplished people to work; programs that provide tion, and automation and none of these in one sitting, with one bill. It is a meals in schools and other institu- ‘‘tools’’ is much a part of the system at process that will take from 3 to 5 tional settings; programs that provide this time. This concept takes the mul- years. distribution of commodities to hungry tiple welfare programs now in place people, and programs linking health and tries to bring some cohesion to The Committee on Agriculture, with and food. The actual number of pro- them. jurisdiction over the Food Stamp Pro- grams available to needy families is in States have sought or are seeking gram and Commodity Distribution Pro- excess of 125, with 80 of these programs waivers from the Federal rules and reg- grams, is a part of that process. The considered major programs with a cost ulations to establish some type of re- committee, along with the Republican in excess of $300 billion per year in Fed- form of the present welfare system. leadership, determined that the Food eral, State, and local tax dollars. There Governors in particular recognize that Stamp Program will remain a Federal are more programs now for providing the system is broken and needs to be program for the present time. It will public assistance to poor families than fixed. Thirty States have sought or are serve as the safety net for needy peo- any time in the past, serving more peo- seeking waivers from the Federal Gov- ple. Food is fundamental and we pro- ple and costing more money. There ernment to reform all or a part of their vide access to food for these families. must be a better way to help low-in- respective State welfare systems. We consolidate four Food Distribu- come people become taxpayers. We cur- It is amazing to me that this many tion Programs into one and provide for rently have a welfare maintenance sys- States have sought to change the wel- a $100 million annual increase in au- tem, not one designed to provide tem- fare system, thereby recognizing the thorizations for the new program. Re- porary assistance and help people re- failure of the present system, without member, food is fundamental. The food claim or gain a life. any action on the part of Congress to distribution programs, such as the Most needy families coming in to change the system as well. There has Temporary Emergency Food Assist- seek public assistance need help in at also been a recalcitrant bureaucracy, ance Program or TEFAP, which I least three categories: cash and the ac- and there is a turf program in the bu- might add, at this juncture the admin- companying medical assistance, food, reaucracy that probably exceeds the istration would like to zero out, are and housing. The rules and regulations turf problem in Congress. How many the front line of defense against hunger for these programs are different and in more States might try to institute re- for needy individuals and families. many cases conflicting. It does not forms but for the maze of bureaucracy Food banks, soup kitchens, churches make sense for the Federal Govern- they must go through to achieve waiv- and community organizations are al- ment to set up programs for poor fami- ers? What we have now is not a welfare ways there with food when it is needed. lies and then establish different rules system aimed at moving families off of The Federal Government provides a for eligibility. We need one program welfare and onto the taxpayers rolls, portion of the food that is distributed that provides a basic level of assistance but a maintenance system that through these programs. But it is an for poor families; sets conditions for thwarts State initiative and diversity essential part and acts as seed money receipt of that assistance, including and poorly helps poor families, exas- for food contributions from the private work, and then limits the amount of perates the front line administrators sector. If we did not have food distribu- time families can receive public assist- running the programs, and is a frustra- tion programs we would have to invent ance. tion and burden to the people paying them. The committee bill consolidates Over the past 12 years I have served for this disastrous system. these programs and increases the either as ranking Republican on the I want to help reform the system; I money to buy food so that these worth- Nutrition Subcommittee of the Agri- want to change the way we deliver this while organizations, most of which are culture Committee or the Select Com- help to poor families, and, I want to do made up of volunteers, can continue mittee on Hunger. I have looked at it in an efficient, compassionate, and the fine work they now do. these welfare programs in depth; I have cost-effective manner, and I believe We do reform the Food Stamp Pro- visited scores of welfare offices, soup that with this legislatiin we are on gram and it is in need of a lot of re- kitchens, food banks; I have spoken to that path. form. The states are provided with an those administering the welfare pro- The subcommittee that I chair held option to reconcile the differences be- grams and the people receiving the as- four hearings last month on the issue tween their new AFDC Programs with sistance. of reforming the present welfare sys- the Food Stamp Program for those peo- I learned during my years serving on tem. We heard from the General Ac- ple receiving help from both programs. the Select Committee on Hunger that counting Office on the multitude of This has been one of my goals and I be- any one program does not comprehen- programs that are now operating. We lieve that we are on the road to a one- sively provide welfare for poor fami- heard from a Governor who operates a stop—shopping welfare system. Com- lies; it takes two or more of the cur- welfare system that is dependent upon plete welfare reform will come. This is rent programs to provide a basic level Federal bureaucrats for waivers; a the first step in the long road to re- of help. When there are two or more former Governor who had to devise a form. H 3390 CONGRESSIONAL RECORD — HOUSE March 21, 1995 States are encouraged to go forward with Mr. DE LA GARZA. Mr. Chairman, I to give States enough money to do the an electronic benefit transfer system. EBT is yield 3 minutes to the gentleman from job properly. the preferred way to issue food stamp bene- Maine [Mr. BALDACCI]. Titles 3 and 5 of the act, those cover- fits. This bill provides States with the ability to Mr. BALDACCI. I thank the gen- ing WIC and school lunches, cap the implement the EBT system they deem tleman for yielding this time to me. block grants at less than the rate of in- approrpriate and the problems with the notori- Mr. Chairman, I rise today in strong flation. Maine would lose $37 million ous regulation E are eliminated. The commit- opposition to H.R. 4, the Personal Re- over the next 5 years. tee views EBT as a means to effectively issue sponsibility Act of 1995 from the Re- Food programs are the ultimate safe- food stamp benefits and as a means to control publican Contract With America. ty net. The changes contained in the and detect fraudulent activities in the program. Among the most troubling provisions Contract With America would leave the I am especially gratified that EBT can become of the bill are those dealing with food net threadbare and unable to break the an integral part of the Food Stamp Program and nutrition, deep cuts in food stamps fall of those who most need it. I urge and other welfare programs. and block grants for the School Lunch my colleagues to oppose H.R. 4. The committee has taken steps to restore Program, and Supplemental Nutrition Mr. ROBERTS. Mr. Chairman, I yield integrity to the Food Stamp Program by insti- Program for Women, Infants, and Chil- 3 minutes to the gentleman from Vir- tuting criminal forfeiture authority so that crimi- dren. To add insult to injury, the ginia [Mr. GOODLATTE], who has au- thored many strengthening amend- nals will pay a price for their illegal activities money saved will fund tax cuts, not ad- ments to the antifraud provisions of in food stamp trafficking. We double the pen- dress the debt or deficit. the food stamp reform package. alties for recipient fraudulent activities and we While keeping the entitlement na- Mr. GOODLATTE. I thank the chair- give USDA the authority to better manage the ture of food stamps, the majority have man for yielding this time to me. food stores that are authorized to accept and placed a cap on the program and cut Mr. Chairman, I commend the gen- redeem food stamps. spending by $23 billion over 5 years. The food purchasing power of millions tleman from Kansas [Mr. ROBERTS] for We include a tough work program. We say what I think is a very fine bill, a very that if you are able-bodied and between 18 of recipients will diminish over time, and fall below the amount needed to fair bill, and a bill that I think is going years and 50 years with no dependents, you to lead us in the right direction here. can receive food stamps for 3 months. Follow- purchase the bare-bones minimum. In my home State of Maine, history You know, I am one who strongly sup- ing that you must be working in a regular job ports the idea that this is something at least 20 hours a weekÐhalf-time workÐor shows us that during down swings in the economy, the number of people that eventually should be turned over you will not receive food stamps. The Amer- to the States to run. I think govern- ican people cannot understand why people turning to food stamps increases. The rigid cap on food stamp expenditures ment closer to the people is a govern- who can work do not do so. We say you will ment that runs a better program. We not receive food stamps forever if you do not would allow for no adjustments for eco- nomic changes. have set up a mechanism to accomplish work. that in this legislation by setting up a The majority would mandate that The committee determined that the uncon- method by which States that go to the certain recipients work for their bene- strained growth in the Food Stamp Program, electronic benefit transfer system can fits, yet they provide no funds for the due to the automatic increases built into the eventually qualify to have the program State to create jobs or to provide train- program and the changes made to the pro- administered through a block grant ing. gram over the past years, cannot continue. system. I think that is the right direc- All told, Maine would lose $88 million We restrain the growth in the program by limit- tion to take. over the next 5 years, nearly 20 percent ing the indexing of food stamp income deduc- In the meantime, measures need to from the budget of a program that tions and providing a 2-percent increase in be taken to tighten up this program, serves 160,000 people monthly. food stamp benefits. We place a ceiling on the and I think this bill does just that. I spent time talking to parents and spending in the program. It will be up to Con- Before I address those, I would like students at a school in Bangor ME, gress to determine whether increases above to first respond to those on the other yesterday. They could not believe that the limits placed on the program will take side who claim that this bill lacks Congress was going to cut the School place. This is the appropriate way in which to compassion. I think that is utter non- Lunch Program to pay for tax breaks. manage this program. If a supplemental ap- sense. Compassion is not measured by It rankled them to no end. propriation is needed, it will be Congress that the size and complexity of the bureau- In Maine schools, more than 48,000 decides whether to provide the additional cratic program that has been estab- students a year gain a substantial lished over the years. Compassion is money or institute reforms in the program to share of their daily nutrition from free restrain the growth. not measured by the billions upon bil- and reduced lunches. That is nearly a lions of dollars that we keep throwing Mr. Chairman, this is a good bill, with sound quarter of Maine’s student population. policy decisions incorporated. Remember, we at this program without results, but in- In providing the School Lunch Pro- stead, making more and more people have not ended the process of reforming wel- gram, Federal, State and local govern- fare with the action we take today. We are be- dependent upon the program. ments spent $44 million in Maine last Compassion is measured by taking ginning the process of real reform. I urge my year. colleagues to support this bill and take this people by the hand and helping them This is not a welfare program this is where they need to be helped, but also first step along with me. We cannot continue an education program, a nutrition pro- as we are today with a welfare system that is setting them on their own and asking gram. How many times have each of them to go ahead and take some re- despised by all involved. The status quo is un- you heard, ‘‘A hungry child can’t acceptable. Let us think anew and act anew. sponsibility for their own lives. That is learn?’’ what is ultimately the thing that will Then there is WIC, a program that b 2030 build back into peoples lives the dig- ensures adequate nutrition for preg- nity that is needed. Mr. ROBERTS. Mr. Chairman, I nant women and nursing mothers. thank the gentleman from Missouri More than 70 studies have proven its ef- b 2045 [Mr. EMERSON] and would point out to fectiveness at preventing low-birth- Mr. Chairman, those who suggest the Members and to all who are paying weight babies and other complications. that the work requirements here are attention to this debate that the gen- It saves money in the long run. unfair I think are completely off track. tleman from Missouri has spent more For $17 million a year 44,000 women, We have a situation here where anyone time in regards to personally visiting infants, and children in Maine reap the who is between the ages of 18 and 50 is feeding programs and soup kitchens. It benefits of the sustaining food provided required to work 20 hours a week, not is his amendment that consolidates by WIC funds. 40 hours a week, as many people strive many of the feeding programs and adds Despite the obvious benefits of both to do, merely 20 hours a week. If they $100 million to that effort. programs, the Personal Responsibility have a dependent child at home, and Mr. Chairman, I reserve the balance Act creates block grants, rolls back nu- they are the primary care giver, they of my time. tritional standards, and generally fails are not required to comply with that. I March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3391 think ultimately we are going to have shift Federal costs to States. With Although the Governors recognize the le- to change that and require that. that, Mr. Chairman, I ask that the full gitimate interest of the federal government Today most young American fami- text of the letter appear in the RECORD in setting broad program goals in coopera- lies, both members of the household after my remarks. tion with states and territories, they also be- work, and I think that ultimately we I understand the need to reform the lieve that states should be free from pre- scriptive federal standards. need to expect that everyone should welfare system. I do not understand, We appreciate the flexibility given to contribute something for the benefits however, why we need to forge ahead states in the bill to design programs, to that they receive, and to suggest that with legislation that is so poorly carry forward program savings, and to trans- we are the ones who are lacking in thought out that it simply abdicates fer funding between block grants. We must compassion when the President’s plan our legislative responsibility to the oppose, however, Title I’s prohibitions on would have gutted the ability of food Senate, whom we hope will take the transitional cash assistance to particular programs, food banks all across this time necessary to craft a bill that families now eligible for help and ask instead country, to assist people with basic truly reforms the welfare system. that states be given the authority to make needs, and this plan preserves that, Those of us who have extensive under- these eligibility decisions themselves. Some again I think it is very misleading to standing of State welfare programs feel states may want to be more restrictive than suggest that somehow we are being the bill—by conditioning aid on work, for ex- we have not been given adequate oppor- ample, sooner than two years—while other lacking in our compassion. tunity to help shape the welfare debate states may decide it is appropriate to be less The second problem we have with going on today. restrictive. this program is that it has historically Because of the way this legislation The federal interest should be limited to been beset by all manner of fraud. Food has been rushed through this body and ensuring the block grant is used to aid low- stamps are trafficked on the street, in light of the fact that the bill does income children and families. in the past fed- traded for drugs, used in a multitude of not meet the fundamental principle of eral restrictions on eligibility have served to methods. moving people from welfare to work, I contain federal costs given the open-ended I point out that we have done that by cannot support H.R. 1214 in its current entitlement nature of the Aid to Families with Dependent Children program. Such re- requiring that State and local govern- form. ments and the Department of Agri- strictions have no place, however, in a The letter referred to is as follows: capped entitlement block grant where the culture verify the existence of stores NATIONAL GOVERNORS ASSOCIATION, federal government’s costs are fixed, regard- that are trading food stamps because Washington, DC, February 23, 1995. less of the eligibility and benefit choices we have had problems with them being Hon. BILL ARCHER, made by each state. traded through post office boxes and Chairman, Committee on Ways and Means, Similarly, while Governors agree that through the trunks of cars, and we U.S. House of Representatives, Washington, DC. there is a national interest in refocusing the have tightened up the requirements DEAR MR. CHAIRMAN: We are writing to ex- welfare system on the transition to work, we press our views on the Personal Responsibil- will object strongly to any efforts to pre- that, if somebody is found guilty of ity Act, as amended by the Subcommittee on trafficking in food stamps, and it in- scribe narrow federal work standards for the Human Resources. The Governors appreciate block grant. The Governors believe that all volves more than $500, they can be the willingness of the subcommittee to grant Americans should be productive members of barred from receiving food stamps. states new flexibility in designing cash as- their community. There are various ways to sistance and child welfare programs. We are Mr. Chairman, I urge support of this achieve this goal. The preferred means is concerned about a number of the bill’s provi- bill. through private, unsubsidized work in the sions, however, that limit state flexibility or Mr. ROBERTS. Mr. Chairman, I re- business or nonprofit sectors. If the federal shift federal costs to states. serve the balance of my time. government imposes rigid work standards on The Governors believe Congress has at this Mr. DE LA GARZA. Mr. Chairman, I state programs, such standards could prove moment an enormous opportunity to re- self-defeating by foreclosing some possibili- yield 1 minute to our distinguished col- structure the federal-state relationship. The ties, such as volunteering in the community, league, the gentlewoman from Missouri Governors urge Congress to take advantage that can be stepping stones to full-time, pri- [Ms. MCCARTHY]. of this opportunity both to examine the allo- Ms. MCCARTHY. Mr. Chairman, I cation of responsibilities among the levels of vate sector jobs. A rigid federal work stand- thank the gentleman from Texas [Mr. government and to maximize state flexibil- ard would also inevitably raise difficult is- sues about the cost and feasibility of creat- DE LA GARZA] for yielding me time. ity in areas of shared responsibility. We be- ing a large number of public jobs, and the Mr. Chairman, the Republican wel- lieve, however, that children must be pro- tected throughout the structuring process. cost of providing child care for parents re- fare bill that we are debating has one quired to work a set number of hours a week clear result, save $69 billion over 5 In addition, although federal budget cuts are needed, the Governors are concerned about in a particular type of job. years by creating block grants to the the cumulative impact on the states of fed- CHILD PROTECTION BLOCK GRANT States with fixed, capped funding. eral budgetary decisions. The Governors Governors view the child protection block The proposed legislation does little view any block grant proposal as an oppor- to assist individuals to become self-suf- tunity for Congress and the president to pro- grant as overly prescriptive and urge Con- ficient by helping them find work. It vide needed flexibility for states, not as a gress to refocus it on achieving broad goals, primary means to reduce the federal budget such as preserving families, encouraging has no guarantees that it will reform adoption and protecting health and safety of the welfare system. Instead, this is a deficit. The Governors have not yet reached con- children. We also oppose the mandated cre- package geared toward reducing the ation of local citizen review panels. We be- deficit and guaranteeing that the afflu- sensus on whether cash and other entitle- ment assistance should remain available, as lieve that it is inapprorpiate for the federal ent receive a capital gains cut, by cut- federal entitlements to needy families or government to dictate the mechanism by ting benefits and resources to our chil- whether it should be converted to state enti- which Governors consult the citizens of their dren. tlement block grants. We do agree, however, state on state policies. On February 23, the National Gov- that in either case states should have the BLOCK GRANT FUNDING ernors’ Association sent a letter to the flexibility to enact welfare reforms without having to request federal waivers. We appreciate the subcommittee’s willing- chairman of the House Ways and Means ness to create block grants whose funding Committee signed by the Governor of FEDERAL STANDARDS FOR BLOCK GRANTS level is guaranteed over five years rather my State, Mel Carnahan, and Repub- If Congress chooses to pursue the block than being subject to annual appropriations. lican Governors Tommy Thompson of grant approach proposed by the Human Re- It is essential, however, that block grants in- Wisconsin and John Engler of Michi- sources Subcommittee, the block grants clude appropriate budget adjustments that gan. The letter states: ‘‘The Governors should include a clear statement of purpose, recognize agreed-upon national priorities, in- view any block grant proposal as an op- including mutually agreed-upon goals for the flation, and demand for services. The cash block grant and the measures that will be portunity for Congress and the Presi- assistance block grant does not include any used to judge the effectiveness of the block such adjustments for structural growth in dent to provide needed flexibility for grant. States, not as a primary means to re- the target populations. While some growth is CASH ASSISTANCE BLOCK GRANT built into funding for the child protection duce the Federal budget deficit.’’ They The Governors believe that a cash assist- block grant, it is not clear whether it will be continue in this four-page letter to list ance block grant for families must recognize adequate especially given that states are other objections they have with the the nation’s interest in: Services to children; likely to be required by the courts to honor bill in its current form, including pro- moving recipients from welfare to work; and existing adoption assistance contracts. Gov- visions that limit State flexibility or reducing out-of-wedlock births. ernors will continue to protect abused and H 3392 CONGRESSIONAL RECORD — HOUSE March 21, 1995 neglected children by intervening on their waiver savings. Legislative language con- operations in the Pacific. However, my ques- behalf and we believe that federal funding verting AFDC to a block grant should not tion is this: If budgets are so tight that we must continue to be available for these serv- terminate these agreements and thereby pre- have to cut school lunch programs for children ices. clude states from drawing down the balance Governors also ask that any block grants of these previously negotiated amounts. and energy assistance programs for the elder- include funding adjustments to provide for Implementation of block grants would also ly, then why do we continue to allow funding significant changes in the cyclical economy pose enormous difficulties for state informa- for these types of trips, which strike me as and for major natural disasters. An addi- tion systems, and we are concerned that completely unnecessary? If we are going to tional amount should be set aside each year there may not be sufficient funding or lead cut the deficit, why don't we look to end these for automatic and timely distribution to time to allow states to update these systems types of trips that are paid for by U.S. tax- states that experience a major disaster, as necessary to implement the legislation. payers. higher-than-average unemployment, or other While states that are ready should be able to indicators of distress. While the bill does in- implement any new block grants as soon as Mr. DE LA GARZA. Mr. Chairman, I clude a federal rainy day loan fund, we are possible, other states should be allowed at yield 4 minutes to the distinguished concerned that this loan fund will prove to least one year after enactment to implement gentlewoman from North Carolina be an inadequate means of addressing sudden the new programs. We also believe that a [Mrs. CLAYTON]. changes in the need for assistance. States ex- consultative process between Governors, (Mrs. CLAYTON asked and was given periencing fiscal problems will not be able to Congress and the administration would be permission to revise and extend her re- risk taking out federal loans that they may necessary to ensure that the transition to a marks.) not be able to repay. Furthermore, one bil- block grant system is made in an orderly lion dollars over five years may not be suffi- way and that children’s needs continue to be Mrs. CLAYTON. Mr. Chairman, dis- cient if many states experience economic met during the transition. cussion about welfare reform is not downturns or natural disasters at the same FEDERAL AID TO LEGAL NONCITIZENS AND new. This issue has been debated over time, as was the case with the last recession FEDERAL DISABILITY BENEFITS the years. We have come a long way. or with the midwestern floods. Finally, an The Governors oppose the bill’s elimi- But, as we stand, prepared to vote on unemployment rate in excess of 6.5% may welfare reform legislation, I am struck not be a sufficient proxy for identifying in- nation of most federal services to legal creases in need and should not be the sole noncitizens. The elimination of federal bene- by the feeling that, as far as we have trigger for increased aid. fits does not change any state’s legal respon- come, we seem to be going a long way We also urge the committee to change the sibilities to make services available to all back. funding base year and formula for the two legal immigrants. Policy adopted by the A minister in my district tells the Governors clearly states that since the fed- block grants. We believe that initial allot- story of what school breakfast was ments to states for the cash assistance and eral government has exclusive jurisdiction over our nation’s immigration policy, all like, before we had a Federal school child protection block grants should be the program. higher of a state’s actual funding under the costs resulting from immigration policy consolidated programs in fiscal 1994 or a should be paid by the federal government. Scolded by her teacher, an embar- state’s average funding during fiscal years This bill would move the federal government rassed little girl discarded her break- 1992 through 1994. This change would help in the opposite direction, and would shift fast. She had been eating it during protect states with recent caseload growth substantial costs to states. class. The noise when the item landed from receiving initial allotments far below The Governors also oppose the bill’s in the wastebasket was revealing and actual need. changes to the Supplemental Security In- come (SSI) program. We recognize that the disturbing. That little girl’s school ACCOUNTABILITY IN BLOCK GRANT PROGRAMS program is growing at an unacceptable rate, breakfast was a raw sweet potato. We believe that block grants should in- and that serious problems exist regarding Without it, she would not eat. clude a clear statement of purpose, including the definition and diagnosis of disabilities. That, Mr. Chairman, is where we mutually agreed-upon goals for the block The changes in the bill go far beyond ad- have come from. I am worried, how- grant and the measures that will be used to dressing those problems and represent a sub- judge the effectiveness of the block grant. ever, that we may be going back to stantial and unacceptable cost shift to that same place in time. We are concerned, however, that the report- states. The Governors believe that Congress ing requirements in both the cash assistance should wait for the report of the Commission The majority has offered a welfare and child protection block grant go far be- on Childhood Disability before acting to reform bill that cuts eligibility with- yond what is necessary to monitor whether change eligibility for disability to children. out work program funding, reduces program goals are being achieved. We en- We also ask that Congress allow last year’s spending and gives wide flexibility to courage the committee to restrict reporting amendments regarding the substance abuse the States. requirements to outcome and performance population to be implemented before enact- data strictly related to the goals of the pro- My party will offer two substitute ing new changes in that area. If changes in bills that offer less radical reform but gram, and hope that those reporting require- SSI are enacted that deny benefits to hun- ments can be mutually agreed upon by Con- dreds of thousands of families and children, provides for funding for work. I rise to gress, the administration, and ourselves. the result may be a sharp increase in the encourage my colleagues to think We agree that states should be required to need for aid from the new cash assistance America. This issue is not about party use the block grant funding to provide serv- block grant at a time when those funds and politics. It is about people. ices for children and their families. We do would be capped. It is about sound bodies, strong have questions, though, about how broadly Thank you for your consideration of our minds and sturdy spirits. This issue is the bill’s audit provisions would be applied. views on the first four titles of Chairman Would the audit process be used, for exam- about moving forward in the future. It Shaw’s bill. We are also reviewing the child is not about wallowing backward to the ple, to determine whether the block grant support provisions and will be forwarding goal of assisting needy children and families our comments on them to you separately. past. We should shape a bill that is nei- was being achieved? We would also suggest Sincerely, ther Republican nor Democrat, that that rather than the federal government re- GOV. HOWARD DEAN, hurts neither the rich nor the poor—a claiming audit exception funds, that these Chair. bill that joins us, not one that divides funds remain available to a state for allow- GOV. TOMMY G. THOMPSON, us. able services to families and children. Vice Chair. We are not 50 States. We are the IMPLEMENTATION GOV. TOM CARPER, United States. We do not need fifty Co-Lead Governor on Welfare. Governors also ask Congress to recognize standards for nutrition in this Nation. that moving to a block grant structure GOV. JOHN ENGLER, raises many implementation issues. Almost Co-Lead Governor on Welfare. We need one standard. every state is operating at least one welfare GOV. MEL CARNAHAN, Regionalization and sectionalism waiver project. We believe that states with Chair, Human Resources Committee. hurts us. We fought a Civil War to waivers currently in effect should have ex- GOV. ARNE H. CARLSON, bring this Nation together. The place press permission either to continue their Vice Chair, Human Resources Committee. of one’s birth should not determine the waiver-based reforms, or to withdraw from There is one last point I would like to make. quality of one’s life. Every child in the waivers, and be held harmless for any Last week my staff received an invitation to at- America should have a hearty break- costs measured by waivers’ cost neutrality fast and a healthy lunch. At the end of provisions. Savings from individual state’s tend an all-expense-paid trip to visit Navy waivers should be included in the state’s bases in the Pacific. Now Mr. Speaker, I do the first 100 days of this Congress, the base. Some states have negotiated a settle- not know how many staffers are going to take current debate on welfare reform will ment to retain access, subject to state this tripÐI know mine isn'tÐand for all I know be finished. But, where will America be match, to an agreed upon dollar amount of the Navy may need to have staff review their on the 101st day? March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3393 Will there be more people with jobs? Mr. BISHOP. Mr. Chairman, I rise HR 4 does not reach the same work Will we show improvement in edu- today with those who over the years participation rate. cation? Will there be less crime in the have been, and continue to be, truly I am interested in the positive health streets? concerned about the citizens of Amer- effects that these nutrition programs More specifically, will there be more ica who need us the most. have on our poor children, needy elder- or fewer hungry children? Will infant Currently H.R. 4 will substitute ly, and handicapped in our country. I mortality rates rise or fall? Will our block grant funding for Federal nutri- have heard testimony which clearly seniors be better off at that time than tion programs. This block grant proce- outlined the negative impact of block they are now? What, if anything, will a dure would probably eliminate feder- granting to the states of commodity young school girl have for breakfast? ally sponsored nutrition programs such distribution programs in lieu of the Children are not driving the deficit. as; (WIC) and the School Lunch and current nutrition program funding Senior citizens are not the cause of our Breakfast programs among others, and mechanisms. economic problems. Programs for poor substitute a single Federal payment to In addition, a discretionary block people do not amount to pork. the States. grant would eliminate the entitlement In fact, AFDC constitutes just 2 per- Based on Congressional Budget Office status of nutrition programs and sub- cent of all entitlement spending and 1 data, funding for the school nutrition ject each year’s nutrition program percent of all federal spending. block grant would be $170 million less funding to the Congressional appro- The average American taxpayer than the levels that would be provided priations process. There is talk that spends only about $26 on AFDC. Child under current law. The proposed block compromises were made in H.R. 4 nutrition programs represent only one- grants would end the entitlement sta- which allowed the Food Stamp pro- half of 1 percent of total federal out- tus of the school lunch and breakfast gram to remain an entitlement pro- lays. And, the average food stamp ben- programs. Thus, during recessions, gram but at the same time placing a efit is 75 cents per person, per meal. States and school districts with rising cap on benefits for the Program. The Only 75 cents. unemployment could be forced to compromises also provided that all That is why I am deeply troubled by choose between denying free meals to other nutrition programs could be the proposed cuts. Cuts have occurred, newly poor children and raising taxes, block granted to the states. I want to and more are proposed in the WIC Pro- or reducing other programs to secure commend the leadership of the Agri- gram, for example. WIC works. culture Committee for this effort, but I more resources in the middle of a re- It is a program that services low-in- believe that the block granting with cession. come and at-risk women, infants, and limited funding goes too far. We need a bill that maintains nutri- children. In the Mississippi delta, in the coal tion programs for children and the el- Pregnant women, infants 12 months fields of Appalachia, in the red clay derly, including WIC and school lunch and younger, and children from 1 to 5 hills of Georgia, 25 years ago one could program. These programs have pro- years old, are the beneficiaries of the see large numbers of stunted, apathetic duced significant and measurable out- WIC Program. children with swollen stomachs and the comes among children who participate For every dollar this Nation spends dull eyes and poorly healing wounds in them. The block grant structure on WIC prenatal care, we save up to characteristic of malnutrition. Such proposed by H.R. 4 can’t respond when $4.21 cents. children are not to be seen in such The budget cutting efforts we are ex- the economy changes and place chil- numbers today. periencing are aimed at reducing the dren at risk by eliminating nutrition The need for nutrition assistance has deficit. The deficit is being driven by standards responsible for improved not diminished. We must not give up rising health care costs. When we put children’s health. the accomplishments our nutrition money into WIC, we save money in We need a bill that has strong anti- programs achieved in the past decades. Medicaid. The equation is simple. fraud and abuse provisions for the Food We must find ways to improve our pro- Those who have a genuine interest in Stamp program. We need a bill that grams. We must have flexibility at the deficit reduction can help achieve that has work requirements for able-bodied State level, reducing excessive admin- goal by investing in WIC and the other food stamp recipients, that also helps istrative requirements, and encourage nutrition programs now targeted for States provide work placement and job innovation in the delivery of services cuts. training for food stamp recipients. We to the needy. Mr. Chairman, I reject Mr. Chairman, the story is told of a rich need a simplified food stamp program, H.R. 4 and support the Deal substitute man, while dining at his table of plenty, he no- revising administrative rules and sim- for commonsense welfare reform. ticed a ragged, poor, old woman, outside his plified determination of eligibility. We Mr. DE LA GARZA. Mr. Chairman, I window, begging for food. ``Go'', he said to his need a program that retains the annual yield 4 minutes to the distinguished servant, ``It saddens me to see that poor, old inflation adjustments for the cost of gentlewoman from Florida [Mrs. woman,'' he lamented. ``Get her away from my food, a program that provides a basic THURMAN]. window. Tell her to go away,'' he said. benefit level. We do not need a bill, Mrs. THURMAN. Mr. Chairman, the As this debate goes on, many charts and such as H.R. 4, that underfunds real American people want a welfare system numbers will be displayed. Republicans and welfare reform by cutting spending which provides a hand up, not a hand Democrats will claim that theirs is the truth. while giving States block grants which out. The deal plan provides individuals Let's not forget the people. do not increase even if the State is in with the assistance necessary to break When we conclude this week, we must each recession, or has a drastic increase in the cycle of poverty and to ensure that look in the mirror and ask ourselves, what its poor population. welfare recipients are better off by have we told the poor, old women and men, The Republican welfare reform bill working than by remaining on welfare. and the pregnant women, and the infants and talks about work but does little to But they also believe that no one in children, and the little school girls and little achieve it. It does not have meaningful America should go hungry. That has school boys? work requirements for moving people been the American tradition, a biparti- Have we told them to get from our win- from welfare to work. It does not pro- san commitment to ensuring adequate dows? Have we told them to go away? Or vide the necessary education and train- nutrition for our citizens—especially have we told them to come inside and join us ing to prepare people for work. our children and the elderly. The Re- at America's table of plenty? We need a bill that provides tough, publican welfare plan chops away at The issues are clear. The choices are plain. meaningful work requirements for wel- this tradition. Americans who care I ask my colleagues. Where do you stand? fare recipients. Real welfare reform about their neighbors should be con- The Personal Responsibility Act, as currently must be about replacing a welfare cerned. written, is mindless and senseless and should check with a paycheck. The Deal sub- Let me just explain what is at stake be rejected. stitute provides work requirements for so we all understand the magnitude of Mr. DE LA GARZA. Mr. Chairman, I welfare recipients, requiring states to what the Republicans are proposing yield 3 minutes to the distinguished place 16% of recipients in work in the and who will be sacrificed for the sake gentleman from Georgia [Mr. BISHOP]. first year and 20% in the second year. of lowering the capital gains tax rate. H 3394 CONGRESSIONAL RECORD — HOUSE March 21, 1995 The program always has been a safe- whether jobs are available. More than things that we have been asking for for ty net for the working poor who—de- one million people will be kicked off years. spite working 40 hours or more a week, food stamps because of this provision. I think one of the things that we are do not earn enough to feed their fami- This provision does not reflect the reality of proud of in the coalition is that we lies. Food stamps help families who downsizing and loss of work without warning. have done a considerable amount of lose their jobs during economic bad These realities are all too familiar in America. work in the food stamp area, and we times and the elderly who cannot What about Americans, who live in small want to commend the gentleman from stretch their fixed incomes to meet all towns all over the country, who are laid off Missouri [Mr. EMERSON] and others for their needs and wind up choosing be- from factory jobs. These people know it takes the work they have done in this area. tween food and medicine. Finally, food time to find a new job. If these individuals use But I think we have done some things stamps help the millions of innocent most or all of what little cash income they can that are going to make the bill some- children who, through no fault of their scrape together for food, some may not be what better. own, are growing up in poverty. able to afford to pay rent. Homelessness and Mr. Chairman, I, along with the gen- Last year, food stamps helped feed hunger would be a likely consequence. tleman from California [Mr. CONDIT], more than 1 in 10 people in this coun- Many members of this group have strong at- the gentleman from Kentucky [Mr. try. Families with children receive 82 tachments to the work force and turn to food BAESLER], the gentleman from Texas percent of food stamp benefits. Elderly stamps for temporary periods when they are [Mr. STENHOLM], and the gentlewoman and disabled households receive 13 per- out of work. Most leave the program within 6 from Florida [Mrs. THURMAN], have cent of food stamp benefits. In 1992, months. done considerable work on this bill, more than half of households receiving The Deal substitute addresses the fact that trying to coordinate the food stamp food stamps—56 percent in fact—earned most of these people re-enter the job market program with the changes that we have less than half of the government-estab- within 6 months instead of denying benefits made in the AFDC program in the Deal lished poverty level. For a family of after just 90 days. Under the Deal substitute, bill. In fact, this bill includes 19 spe- three, this is $6,150. to continue to receive benefits a recipient must cific provisions to bring the food The food stamp proposal in the Re- work at least half-time, participate in a public stamps and the AFDC programs to- publicans bill would lead to sharp re- service program, or participate in an employ- gether on applications, deductions, eli- ductions in food purchasing power. ment and training program in order to qualify. gibilities, income, resources, and cer- The U.S. Department of Agriculture The strength of our nation depends on how tification. estimates that 2.2 million food stamp we raise our children today. We must commit I heard earlier the Honorable chair- participants would become ineligible as a Nation to raising strong, healthy children man talk about the fact that their bill under the bill. who will grow up to realize their full potential. is going to give the States the oppor- The Congressional Budget Office says To do this, we cannot abandon our commit- tunity to coordinate in these areas. We that the bill would reduce the food ment to successful nutrition programs. We have a bill here where we have done the stamp program by $21.4 billion over the know they work. work, we have already coordinated it, next 5 years. The savings do not come and I think it makes the Deal bill a b from reducing fraud or administrative 2100 stronger bill. In the end, I think the costs, they come from taking food out Mr. DE LA GARZA. Mr. Chairman, I Deal substitute is going to be very of the mouths of children who des- yield 3 minutes to the distinguished close to what happens in this Congress. perately need it. gentleman from Minnesota [Mr. PETER- Our bill in the food stamp area we be- The Republican plan reduces basic SON]. lieve is also tougher than the Repub- food purchasing power. In a few years, Mr. PETERSON of Minnesota. Mr. lican bill on fraud and abuse. We think food stamp benefits will fall below the Chairman, I thank the gentleman for we have done a better job to get at amount needed to purchase the Thrifty yielding. those issues. We recognize that there is Food Plan, the bare bones food plan Mr. Chairman, I rise tonight to sup- a lot of good provisions in the Repub- that was developed under the Nixon port H.R. 938, the Individual Respon- lican bill as well. and Ford administrations and has sibility Act of 1995. I am proud to be a Mr. Chairman, I again strongly sup- served as the basis for the food stamp cosponsor and want to commend the port the Deal substitute, and look for- program since 1975. coalition, the gentleman from Georgia ward to having a vote on that in the Instead of keeping pace with food [Mr. DEAL], the gentlewoman from Ar- near future. prices, as food stamp benefits always kansas [Mrs. LINCOLN], the gentleman Mr. ROBERTS. Mr. Chairman, I yield have in the past, benefits could rise by from Tennessee [Mr. TANNER], and oth- 3 minutes to the distinguished gen- only 2 percent a year. Even if food ers that worked so hard to put this leg- tleman from Florida [Mr. FOLEY], a prices jumped 8 percent in a year, food islation together. valued member of the committee. stamp benefits would increase just 2 We have a bill here that I think re- Mr. FOLEY. Mr. Chairman, I thank percent. Fact—food prices have risen sponsibly reforms the welfare system the gentleman for his leadership on about 3.4 percent a year, even in these and, more importantly, coordinates the this issue. periods of low inflation. welfare system with food stamps and We continue to hear about the people Under the Deal substitute, which I other aspects. of America that will suffer under Re- helped write, savings are made. How- When it comes to welfare reform, I publican leadership. We have debated a ever, we guarantee that benefits never think we all agree that the system is food stamp bill for over 13 hours in drop below the cost of the thrifty food broke and needs to be fixed. I think we committee, discussing what is right plan. all agree that in some respects we need and what is wrong about it. The other These savings in food stamp benefits, to get tough. But we also need to re- side can vote against this bill. They and several other provisions of the form the system with a package that can continue to support over $3 billion Deal substitute, were painful cuts to makes sense. I think the Republican of waste in the Food Stamp Program. make. But we made them, in order to bill in some areas is too extreme and People buying crack cocaine, trading pay for education and training pro- does not fix the problems. In fact, I food stamps for prostitution, exchang- grams and deficit reduction. Repub- think in some areas it actually prob- ing it for cash, buying liquor, ciga- licans, in contrast, reduce benefits for ably causes some problems. rettes. the sole purpose of paying for tax We have a bill that we have put to- I felt so bad for the woman I followed breaks for people making more than gether that makes work pay. The Deal in the store the other day who brought $100,000 a year. substitute would ensure that welfare 100 dollars’ worth of food stamps and The Republican bill also ends bene- recipients will be better off economi- bought microwave popcorn, ice cream, fits after 90 days to able-bodied persons cally by taking a job than by remain- soda pop, pork rinds. I grew up in a without children, unless these individ- ing on welfare. Our bill emphasizes home where my mother was working at uals are working at least half-time or work first. It has a definite end to ben- an eye doctor’s and my father was a are in a workfare or other employment efits, time limits, and it gets tough on high school coach. She used to get the or training program regardless of deadbeat dads and does a number of powdered milk and mix it with a full March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3395 gallon of milk and stretch it to 2 gal- First, the present programs are capable low smelled that good and caused that lons. We did not buy sodas at home. of dealing with future events that im- excitement. Now, this school district is The Food Stamp Program needs re- pact costs. These include increases in going to have eliminate the School form. What we are doing in this Con- grocery costs, higher school enroll- Breakfast Program if the cuts proposed gress is providing reform for a very, ments, or an influx in the food stamp by the Republican majority are en- very valuable program, but one that in program brought about rescission, acted, and that little boy will not lose 1979 spent $6.9 billion, this year $26.5 which like the last recession can his breakfast; he will also lose his abil- billion. Is that something to be proud thrown literally millions out of work ity to listen and learn in class. Maybe of? Have times gotten that tough from and into a situation where they criti- even his edge in being able to fight off 1979 to 1995, that the program should cally need food stamps for that family. childhood illness. As a dietician told have grown by that amount of money? Capping programs and not suffi- me this week, child nutrition is not They say what happens if there are ciently allowing for growth in enroll- welfare; it is health care. no jobs in the State. Well, in our bill if ment and costs means that by the end Mr. Chairman, I owe it to that little the Governor or State certifies that of the decade, children will not have fellow to vote against this harsh and unemployment exceeds 10 percent and the nutrition available that they have unfair legislation, and I urge all of my there are not enough jobs, that 90-days- had or that they have today. When it colleagues to join me in rejecting these and-you-are-off provision is waived. comes to feeding our children, under cuts for kids. There are provisions to protect in ex- their plan we will be going backwards Mr. DE LA GARZA. Mr. Chairman, I treme unemployment times. There are instead of forward. yield three minutes to our distin- safety nets. I keep hearing the ‘‘safety Second, eliminating minimum nutri- guished colleague, the gentleman from net’’ term. I have to call this program tion standards for our states is terribly Kentucky [Mr. BAESLER]. a trampoline. People are jumping on it troubling. Now, I am all for State flexi- Mr. BAESLER. Mr. Chairman, I and they do not want to get off. They bility, State discretion. But for good- thank the gentleman for yielding. do not want to change their behavior. ness sake, nutritional needs do not Mr. Chairman, I support the Deal and They do not want to change their way. vary State by State. A kid in your the coalition bill, the alternative to People do not want to work. I spoke State has the same nutritional require- the Republican bill, for several reasons. about this earlier this evening, not ments as a kid in my State. By elimi- First is because it does, as does the Re- enough job training in the programs. nating national requirements and cut- publican bill, simplify the administra- The food stamp program is growing ting available funds, we are setting in tion of all the programs. Second, it ac- rapidly out of control. I have to sug- motion the inevitable deterioration of knowledges that we want people to go gest that when we talk about the real the nutritional values in our school to work, but to require them to go to changes in this program and the real lunch and breakfast programs. Good- work we have to have child care and in reforms, they are in fact in this bill. bye milk and hello Koolaid for our kids some cases case transportation. I think And they are tough. We are curbing in the years ahead. the Deal bill provides that, whereas I trafficking in fraud with increased pen- The Republicans cry foul over these do not think the Republican bill does. alties. We are going after people that charges. They adamantly deny they are The third reason I support the Deal use these food stamps illicitly and ille- cutting anything. But the numbers bill and the coalition bill is because it gally and profit by their use. We are speak the truth. A total of $26 billion is does acknowledge sometimes people promoting real jobs with new incen- cut from WIC, child nutrition and food need transition from welfare to work, tives. We want people to work. We stamps over the next 5 years, more and in that transition they might need want America to work. But we do not than a third of the cuts in the entire a 2-year period until able to retain want people waking up and growing up Republican welfare reform package. their Medicaid card, which I think is and these children we talk about in the You do not come up with $26 billion, important. abstract who are sitting at home while Mr. Chairman, by reducing paperwork, The fourth reason is it specifically their parents sit at home watching eliminating waste, fraud and abuse. encourages local communities to get Opra Winfrey or Jenny Jones or some You get this much money only if you involved to complete the cycle of self- other talk show, when they could be come directly at the meals our kids are sufficiency. We talk about work, we out in fact working, and inspiring their presently receiving and reducing them talk about child care, we talk about children to participate in the American dramatically in the future. other things, but very seldom do we dream. There seems to me something ter- talk about self-sufficiency, and I think I appreciate the chairman’s leader- ribly hypocritical about this, because that is what we need to be talking ship on this vital issue, and I believe you can bet your bottom dollar as about, and the Deal bill provides for when the American public sees what is Members of Congress our diets will not that very succinctly. in this bill, they will urge people on suffer in the years ahead. If groceries Regarding food stamps, the Deal bill both sides of the aisle to support it in go up, we will pay it, because we have and the coalition bill, thanks to the its entirety. the financial resources to do so. work of the gentleman from Texas, Mr. Mr. DE LA GARZA. Mr. Chairman, I But there are kids all over the coun- STENHOLM, Mr. PETERSON, Mr. CONDIT, yield 4 minutes to the distinguished try who depend on these programs for and others, provides very strict pen- gentleman from North Dakota [Mr. their basic nourishment, and they will alties for those who, much more strict POMEROY]. not be able to keep up with rising costs than even the bill proposed by Mr. EM- Mr. POMEROY. Mr. Chairman, I in the future. Kids like the little Will ERSON and our honorable chairman, strongly support welfare reform, but boy I heard about in Grand Forks, ND, which was very good at the time I one thing we must not do is rush Friday. The person responsible for the thought, but ours is much more strict, through changes that hurt children. It School Lunch Program told me lots of particularly on the recipients and also is not the kids who have the respon- kids depend on the school lunch and on the violators, much more strict sibility for the flaws in our present sys- breakfast programs for their basic even than the Republican proposal. tem; it must not be the kids that pay nourishment, and that in one little The final reason I support the Deal the most painful and lasting price for grade school in Grand Forks, the poor- bill is we all know that two words that the welfare reforms we debate tonight. est section of town, you will find on are sort of underlying this discussion Unfortunately, it is the kids who bear any given Monday more than 100 kids are responsibility and accountability. the brunt of the impact of the Repub- in line waiting for the school break- b lican welfare reform proposals because fast, perhaps their first balanced meal 2115 of the deep, in fact devastating cuts, since the Friday school lunch. I think the Deal bill destroyed the re- they direct at programs which provide She heard a little boy one day jump- sponsibility and accountability, and it for the nutritional needs of these chil- ing up and down saying, ‘‘That smells does so I think in keeping with the dren. so good, that smells so good.’’ The contract with our own conscience here The reform bill does serious harm to breakfast that morning was cold cereal in America and not just with the Con- child nutrition in two critical areas. and toast. Even toast to this little fel- tract With America. H 3396 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Mr. ROBERTS. I yield 4 minutes to ther; (3) making deadbeat parents live Defense Fund estimates that 2 million the distinguished gentleman from up to their child support obligations; children will be thrown out of this pro- Michigan [Mr. SMITH], a valued mem- and (4) in the next couple weeks, pass- gram—20,000 in my home state of Con- ber of the committee. ing legislation to get rid of the mar- necticut alone. Mr. SMITH of Michigan. Mr. Chair- riage penalties in the tax code. That is only the beginning of the as- man, I think the point needs to be This bill H.R. 4 also makes needed sault on children. Altogether, this bill made that welfare in this country is changes in our food and nutrition pro- cuts $7 billion from important federal not working. grams. The food stamp program costs child nutrition programs. And it imme- For 40 years, we have been trying to $26.5 billion; the school lunch and other diately eliminates Social Security ben- solve the problems of poverty. Politi- child nutrition programs cost $7 bil- efits for 250,000 low-income children cians created many well-meaning pro- lion; WIC costs about $3.5 billion. H.R. who are severely disabled or blind. grams designed to transfer wealth to 4 block grants the WIC and child nutri- Supporters of this bill have come up the poor. Over this period the Govern- tion programs to the states. The food with all kinds of creative excuses to de- ment has borrowed $5 trillion and spent stamp program, which is the most fend these cuts. $5 trillion on welfare programs. And abused and wasteful program, is ten- First, they claim they are cutting what has happened? tatively being kept a the federal level. bureaucrats, not food for kids. But the Illegitimate births have grown from 5 We are making long-overdue changes entire administrative budget for all percent to 30 percent of births; single to improve the program. We also need U.S. Department of Agriculture feeding parent families have gone from 4 per to stop food stamps from being used for programs is just $106 million per year— cent of all families to 29 percent; teen- candy, chewing gum, soda pop, and just 1.5 percent of these programs’ age pregnancy has doubled; and violent other junk food. If hard-working Amer- total budget. The Republican plan crime has arisen fivefold. We have icans are going to pay taxes for this would cut eight times that amount— shown that simply transferring tax- program, it should be for nutritious $860 million—in child nutrition pro- payers’ money to poor people doesn’t food for individuals who might other- grams in 1996 alone. That’s cutting work. wise go hungry. kids, not bureaucrats. H.R. 4 will reform traditional welfare States should have the flexibility to Then supporters of this bill claim programs that have robbed people of modify the eligibility criteria for food they are increasing funding for the self-respect by giving them something stamps. Right now, national standards School Lunch program by 4.5 percent for nothing. These handouts too often make a couple with four children eligi- annually. Even if that was true, this breed a complacency that prevents peo- ble for food stamps if they earn less increase falls far short of keeping up ple from helping themselves. They cre- than $26,692 a year. But $26,000 goes a with inflation, increased enrollment, or ate a culture of irresponsibility by sub- lot further in different areas of the a downturn in the economy. This pro- sidizing bad behavior. country. We need to give states the au- gram grows 6.7 percent each year. The current welfare system pays thority to vary these eligibility re- Therefore, we are 2 percent short, but unwed mothers to have babies. It tells quirements, making limited funds bet- the fact is, this promise of a 4.5-percent women that if they bear an illegit- ter serve their citizens. increase is just that—an empty prom- imate child, the government will pay H.R. 4 ends many welfare abuses. For too ise. And the odds are, it is a promise them a monthly allowance and give long, we have allowed alcoholics, drug ad- that will never be kept. That is because them a place to live. The resulting ex- dicts, and those with dubious ``functional dis- this bill lumps the School Lunch pro- plosion in illegitimacy and the break- abilities'' to collect for disability payments. We gram in a giant, underfunded block down of the family shouldn’t surprise need to end these abuses and this bill will grant, with no guaranteed levels of us. help to do that. funding for any specific program. Let me read a few excerpts from the H.R. 4 is not a perfect bill, but it is a good I intend to vote for real welfare re- February 27th U.S. News and World Re- bill that starts to replace a failed system of de- form that puts work first, but I cannot port to emphasize the importance of spair with more compassionate solutions that vote to punish children. I urge my col- two-parent families: encourage work, strengthen families, and offer leagues to join me in opposing the Per- More than virtually any other factor, a bi- hope for a brighter future. sonal Responsibility Act. Our children ological father’s presence in the family will Mr. DE LA GARZA. Mr. Chairman, I are our future—let’s not abandon them. determine a child’s success and happiness. yield 3 minutes to our distinguished Mr. ROBERTS. Mr. Chairman, I yield Rich or poor, white or black, the children of colleague, the gentlewoman from Con- 2 minutes to a very valued member of divorce and those born outside marriage necticut [Ms. DELAURO]. the committee, the gentleman from Il- struggle through life at a measurable dis- advantage. * * * Ms. DELAURO. Mr. Chairman, I in- linois [Mr. LAHOOD]. The absence of fathers is linked to most so- tend to vote for real welfare reform (Mr. LAHOOD asked and was given cial nightmares—from boys with guns to that puts people to work. The Deal sub- permission to revise and extend his re- girls with babies. No welfare reform plan can stitute does that—it demands more re- marks.) cut poverty as thoroughly as a two-parent sponsibility of welfare recipients by re- Mr. LAHOOD. Mr. Chairman, I first family. * * * quiring that they go to work after 2 want to congratulate the chairman of Raising marriage rates will do far years, and it provides more oppor- the sometimes powerful Agriculture more to fight crime than building pris- tunity by making sure that work pays Committee, the gentleman from Kan- ons or putting more cops on the more than welfare. The Deal substitute sas [Mr. ROBERTS], who has done a streets. Studies show that most state is real welfare reform. magnificent job providing the leader- prison inmates grew up in single-fam- But the bill before us, the Personal ship on this important bill and also to ily households. A missing father is a Responsibility Act, is not welfare re- the gentleman from Missouri [Mr. EM- better predictor of criminal activity form at all. This bill is more intent on ERSON] for his leadership. than race or poverty. punishing our children than in putting I have a very limited amount of time. H.R. 4 helps promote families. Too welfare recipients to work. This bill I have not met one Democrat or one often, welfare discourages traditional would destroy the School Lunch pro- Republican in all of this House that families. Benefit formulas have dis- gram and other federal nutrition pro- wants to gut or cut the School Lunch couraged marriage and encouraged grams in order to pay for a tax cut for Program. I do not know of anybody women to have illegitimate children. the wealthiest Americans. That is who wants to gut or cut the School Government can’t create two-parent wrong, and we must defeat this bill. Lunch Program. For anyone to stand families, but we can stop encouraging The School Lunch program works to here in the House and proclaim that is one-parent families. I hope Congress provide many of our children with the just simply not true. has the determination to make needed one balanced meal they eat all day. Our proposal will reform the School changes by: (1) ending payments to But this bill would cut $2.3 billion from Lunch Program, will feed hungry chil- teenage mothers who decide to have a the School Lunch program over the dren, will provide the nutrition nec- baby without a husband; (2) requiring next 5 years, according to the Congres- essary for hungry young people, but it all welfare mothers to identify the fa- sional Budget Office. The Children’s will not gut or cut the program. So I March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3397 want that message to go out around States from setting up their own EBT not.’’ The word ‘‘suffer’’ here is used to the country. It is simply not true. systems. As I understand it, 6 States mean to bear, to support, maintain, Our proposal will also reform the have already set up EBT systems for abide and sustain. This passage does Food Stamp Program. Americans know themselves, and over 20 States are cur- not imply that we cause suffering on that we have a lousy welfare system. It rently moving to do the same. children, but that we are supposed to is fraught with abuse and fraud, and With all the efforts we have made to support them. Somehow, some way, too Americans want a change. give more flexibility to the States, I many of my Republican colleagues And we are going to carry out one of am deeply concerned that the Clinton have got the real contract all wrong. President Clinton’s campaign prom- administration is moving to develop a Yes, the system needs fixing, but ises. We are going to reform welfare as new Federal bureaucracy to deliver what system? If this House passes this benefits to recipients, and I wish to we know it, and we are going to do it distorted and destructive legislation, it commend the chairman of the Commit- by giving back to the people in local is not welfare that needs reforming, communities and States the respon- tee on Agriculture, Subcommittee on but Congress, and those who currently sibility and the financial resources to Department Operations and Nutrition, regard themselves as its leaders. This really deal with the problems. We are for including in the welfare reform bill is flagrantly flawed and poignantly going to give back to them not only package language that will prohibit the responsibility but the resources to the Federal Government from doing punitive. It falsely assumes that wel- carry out these programs. Who knows anything that would stand in the way fare recipients are some lazy, rip-off better than people in local commu- of States creating and implementing artists who don’t want to work. The re- nities who the most needy are? Local their own EBT systems. ality of course is that 70 percent of all recipients are children, our Nation’s people do. I ask support for this impor- b 2130 tant legislation. children, and the 30 percent adult popu- Mr. COBURN. Mr. Chairman, will the Mr. DE LA GARZA. I yield 11⁄2 minutes lation is largely made up of those who to our distinguished colleague, the gen- gentleman yield? want to work. And yet, this bill does tlewoman from New York [Mrs. Mr. LATHAM. I yield to the gen- not guarantee work. No, this is no re- tleman from Oklahoma. MALONY]. form. This bill guarantees nothing, ex- Mrs. MALONEY. Mr. Chairman, the Mr. COBURN. Mr. Chairman, I agree cept that after 5 years of benefits, re- current welfare system has created a with the gentleman that this IEI raises cipients must be cut off regardless of a culture of dependency. It is not work- some very disturbing questions. With lack of jobs. This bill does not guaran- ing and needs to be changed. The sys- all the attention and action we have tee job training and education re- tem offers several incentives for wel- had this last few weeks in terms of sources. This bill only guarantees that sending block grants and returning re- fare clients to shun independence and there will be no guarantees. No more sponsibilities and accountability to the stay on the dole. entitlements for AFDC, for foster care, States, I am concerned that that docu- You might ask what could possibly for school lunches for WIC. ment could well throw out the efforts be worse. The answer is the Republican that we have had in trying to return Twenty-five million of our children bill before us tonight. It is a harsh, this and allow Federal bureaucrats to are recipients of school lunches. This heartless, extremist proposal. It would block and restrain individual States. I program ain’t broke an we don’t need worsen poverty and hunger for inno- am concerned this will block our abil- to fix it. The result of the Republicans cent children by making deep cuts in ity to allow States to develop programs block granting to the States is either benefits that provide food and shelter. for their own eligible citizens. that nutrition standards will suffer, or It is weak on work and long on punish- Mr. Chairman, my understanding of less children will be fed in times of eco- ment of children. It would cut back the the intent contained in the legislation nomic downturn. This bill causes suf- very child care funding that would that we are talking about now is that fering to children of mothers under age allow welfare recipients to go to work. the Federal Government is prohibited 18. This bill does nothing to solve the Simply saying no more welfare is not from doing anything that would stand problem of out of wedlock pregnancies. welfare reform. It is a recipe for disas- in the way of States creating and im- It does nothing to make welfare de- ter. A real reform plan would get wel- plementing their own EBT systems. pendents whole and productive. This is fare recipients to go to work. A real re- Section 556 of this bill states: the most mean-spirited, irresponsible form plan would provide child care and (B) Subject to paragraph (2), a State is au- attack on the poor and the youth that skills, training to move people off the thorized to procure and implement an on- our house has ever seen. No matter how dole and on a payroll. line electronic benefit transfer system under my colleagues try to move their con- Reason and compassion demand a the terms, conditions, and design that the tract forward and pay for a tax break ‘‘no’’ vote on the extreme Republican State deems appropriate. for the rich on the backs of the chil- plan. Let us pass a bill that rewards Mr. LATHAM. Mr. Chairman, I yield dren, there still remains a contract, a work and protects our children: the to the gentleman from Missouri [Mr. law of higher authority for which they Democratic substitute, the Deal plan. EMERSON], the chairman of the sub- will be held responsible. Remember suf- Mr. ROBERTS. Mr. Chairman, I yield committee. 2 minutes to the gentleman from Iowa fer the little children, and forbid them Mr. EMERSON. Mr. Chairman, I not. I urge my colleagues to join me in [Mr. LATHAM], a valued member of the thank the gentleman from Iowa for opposing the Personal Responsibility committee. yielding to me. Act, and support the Deal substitute. Mr. LATHAM. Mr. Chairman, I thank Mr. Chairman, the gentleman has The CHAIRMAN. The gentleman the chairman of the Agriculture Com- been an extremely constructive mem- 1 mittee for his leadership. ber of the subcommittee throughout from Texas [Mr. DE LA GARZA] has 2 ⁄2 Mr. Chairman, I am holding in my these deliberations. I want to thank minutes remaining. hands a 700-page document just re- him for his participation, and for rais- Mr. DE LA GARZA. Mr. Chairman, I leased by the Clinton administration ing the subject, as he has. yield myself the remaining time. that purports to contract Federal EBT Let me say, Mr. Chairman, that the Mr. Chairman, we heard many of our services and equipment through a lit- gentleman from Oklahoma is correct in colleagues on both sides of the aisle ex- tle-known procurement process called his understanding of the language and pressing their views and their concerns IEI or Invitation for Expression of In- intent of section 556. about this legislation. I share the same terest. It is my understanding that Mr. DE LA GARZA. Mr. Chairman, I concerns about cutting fraud and cut- only financial institutions, large banks yield 2 minutes to our distinguished ting abuse, seeing that our monies are are able to apply. It totally eliminates colleague, the gentleman from Califor- used efficiently for the purpose in- current electronic transfer companies nia [Mr. TUCKER]. tended. from bidding. Mr. TUCKER. Mr. Chairman, I thank Beyond the rhetoric and beyond the I am deeply concerned that this docu- the gentleman for yielding time to me. policy and beyond the sound bites, be- ment would create a Federal EBT sys- Mr. Chairman, the bible says: ‘‘suffer yond everything that we have heard tem that will inhibit the individual the little children and forbid them here tonight, I would ask for Members H 3398 CONGRESSIONAL RECORD — HOUSE March 21, 1995 to come with me to every home across money with a supplemental, so that the wealthy. Fifty-two percent of America: a little shanty, a little ram- deals with the problem of food costs. Americans agree the more they hear shackle farmhouse. In my area, we Quality control, it is out of control. about what Republicans do in Con- have some cardboard and tin-roofed It is over 8.5 percent. The Panetta plan gress, the less they like it. Fifty-one places where the poor live. reduces it back in terms of quality con- percent of Americans think Repub- I can assure the Members, and I chal- trol to 6 percent. That is in part how licans in Congress were trying to do lenge anyone to deny, that in some of we control these costs. too much in too short a time. Fifty- those houses Members will find a hun- Somebody mentioned the WIC pro- three percent of Americans trust the gry child that had no supper tonight. gram. We are not discussing WIC here. President more than Republicans in Members will find an elderly person There is $25 million sitting there in the Congress in protecting Social Security. that had no supper tonight. I challenge account of WIC. It was cut $25 million. And 52 percent of Americans trust the anyone to deny that. They cannot, be- We had $50 million, it is down to $25 President more than Republicans in cause that is the fact. That is the pur- million. They have to advertise on the Congress in helping the middle class. pose for what we use the food stamps. radio to get more participants. It is a Mr. Speaker, Americans are sending All the other areas we can address, good program, by the way. this message to the Republicans on the and we have. It pains me to hear Mem- Mr. Chairman, the gentleman from Contract With America: ‘‘Hold it. Be bers using the political ‘‘40 years, 40 North Dakota said that some school careful. Do not rush it. You are years.’’ For 28 of those years, those 40 child in North Dakota was going to go overdoing it. There are some essential years, we had a Republican President, hungry because of school lunches. The programs, cutting the middle class, that Republican President that tried to Chairman of the Committee on Eco- cutting children, that are going too cut some of the programs. How ironic. nomic and Educational Opportunities far.’’ I quote: has informed this Member $1 million Mr. Speaker, I am including at this I cannot lend my support to the concept of more next year than last year. We will point in the RECORD that newspaper ar- turning back to the States all responsibility cut the paperwork and the administra- ticle, as follows: for achieving child nutrition goals. In short, tion and we will give the money to that we have a continuing obligation to ensure [From the Washington Post, Feb. 21, 1995] very hungry child. that the nutrition needs of our truly needy PUBLIC GROWING WARY OF GOP CUTS youngsters, wherever they may reside, are Let us really talk about food stamp adequately met. This is and must remain a reform. In 1985, 19.9 million people were (By Richard Morin) national priority goal. on food stamps. It went up to 20 mil- Most Americans believe that Republican Quoting the Chairman, the gen- lion in 1990, 22.6 in 1991, 25.4 in 1992, and lawmakers are going too far in cutting fed- tleman from Pennsylvania [Mr. GOOD- in 1993, 27.3. When the economy goes eral social programs that benefit children, the elderly, the poor and the middle class, LING], who chairs one of our commit- down, the food stamps, that expendi- according to a new Washington Post-ABC tees at this time. That is a quote from ture goes up. When the economy goes up, food stamp expenditures go up. We News survey. the RECORD. As a result, the survey suggests, President The CHAIRMAN. The gentleman simply want to control the growth of Clinton may be slowly winning back some of from Kansas [Mr. ROBERTS] has 23⁄4 the program. We will address the needs, the political ground he surrendered to Re- minutes remaining. if in fact they are needed. publicans immediately after the GOP land- Mr. ROBERTS. Mr. Chairman, to end The opportunity of the gentleman slide in last November’s congressional elec- the colloquy that was previously dis- from Georgia [Mr. DEAL] is a deal but tions. cussed, I yield 17.5 seconds to the gen- it is not the best deal. We should be Clinton also appears to be getting a sus- tained second look from many middle-class tleman from Missouri [Mr. EMERSON]. supporting this bill. The CHAIRMAN. All time has ex- voters who deserted the Democratic Party Mr. EMERSON. Mr. Chairman, I last year. In a critical reversal of attitudes, thank the gentleman for yielding time pired. people now say they trust Clinton more than to me. Under the rule, the Committee rises. Republicans in Congress to help middle-class Mr. Chairman, I just want to say that Accordingly, the Committee rose; Americans, the survey found. Barely a the gentleman from Oklahoma is cor- and the Speaker pro tempore (Mr. month ago, Republicans enjoyed a clear ad- rect in his understanding of the lan- INGLIS of South Carolina) having as- vantage over Clinton. guage and intent of section 556. sumed the chair, Mr. LINDER, Chairman Yet these doubts about congressional Re- Further, my colleague raises ex- of the Committee of the Whole House publicans have not yet appreciably helped tremely important points in relation to on the State of the Union, reported Clinton’s overall public standing. His per- sonal job approval rating stood at 52 percent the approach being taken by the ad- that that Committee, having had under in the latest survey, essentially unchanged ministration’s EBT IEI proposal. I look consideration the bill (H.R. 4) to re- from last month. And Republicans remain forward to digging deeper into this store the American family, reduce ille- more trusted than Clinton to deal with the issue during the oversight hearings gitimacy, control welfare spending and ‘‘main problems the nation faces.’’ which we are going to hold on the sub- reduce welfare dependence, had come A total of 1,524 randomly selected adults ject. to no resolution thereon. were interviewed by telephone March 16–19. Margin of sampling error for the overall re- Mr. ROBERTS. Mr. Chairman, I yield f myself such time as I may consume. sults is plus or minus 3 percentage points. The survey suggests that the honeymoon Mr. Chairman, can we please end the LET US HOPE REPUBLICANS GET THE MESSAGE may be over for the House Republican ‘‘Con- class warfare argument or discussion tract With America.’’ While a majority of or partisan exchange and get to food (Mr. RICHARDSON asked and was those interviewed still give approval in con- stamp reform? We have had a lot of dis- given permission to address the House cept to the contract, 52 percent also agreed cussion about school lunches, which is for 1 minute and to revise and extend with the statement ‘‘the more I hear about not even part of this debate, we are his remarks.) what Republicans do in Congress, the less I talking about food stamps. We have Mr. RICHARDSON. Mr. Speaker, the like it.’’ Forty-four percent expressed the op- had a lot of talk about the food costs other side is crowing about the success posite view. Among the public’s biggest worries: the and how we cannot really match the of the Contract With America. Well, the Republican majority in Congress will cut food costs. here is a poll that came out today. too deeply and too quickly into social pro- Only in Washington is a 2 percent in- Headlines: ‘‘Public Growing Wary of grams to finance tax cuts and other benefits crease considered a cut. If food prices GOP. More Now Trust Clinton To Help to wealthy Americans. go down, food stamps, benefits, will go the Middle Class.’’ Nearly six out of 10 persons—59 percent— up 2 percent. It happened in 1990. If the Here are some results of this poll: agreed with the statement that Republicans food costs go up, and nobody can pre- Most Americans think Republicans are ‘‘will go too far in helping the rich and cut- dict that, other than the gentleman going too far in cutting Federal pro- ting needed government services that benefit average Americans as well as the poor.’’ from Texas DICK ARMEY the self-de- grams that benefit children, the elder- That’s a 14-point increase since January in clared Assistant Secretary of Agri- ly, the poor, and the middle class. public concern with Republican initiatives. culture in this body, but if food costs Fifty-nine percent of Americans think Pluralities specifically said Republicans in would go up we will appropriate the Republicans will go too far in aiding Congress were trying to make too many cuts March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3399 in the nation’s education programs and in Jan. March sion were it not for Mr. Shade’s ac- the school lunch program. (Republican law- 4 19 tions. makers argue that they would increase (per- (per- cent) cent) On March 3, 1994, the 545th Bomb school lunch funding but slow its growth.) Squadron of the 384th Bomb Group The survey also found that many Ameri- Republicans will go too far in helping the rich and cans are wondering if the GOP is moving too cutting needed government services that benefit based at Grafton-Underwood in Eng- average Americans as well as the poor...... 45 59 fast on other fronts to cut federal spending Democrats in Congress will go too far in keeping cost- land was dispatched on a mission over and programs. According to the survey, 51 ly government services that are wasteful and out- Berlin. percent said Republicans in Congress were of-date ...... 43 34 The crew had been briefed to expect trying to do too much in too short a time, For each specific issue I name, please tell less than perfect weather over the tar- while 18 percent said they were trying to do me who you trust to do a better job handling get. However, the briefing officer be- too little and 30 percent said they were doing that issue. lieved that the crew could fly above the ‘‘about the right amount.’’ Areas where President Clinton received In other ways, too, the survey results sug- weather somewhere between 20 or 25 more trust: gest people are questioning whether Repub- thousand feet. As the mission pro- licans’ zeal to cut federal spending and pro- Re- gressed it became apparent that the grams will end up hurting average Ameri- pub- bomber was not going to find weather cans. li- Clin- cans good enough to maintain formation By 52 percent to 38 percent, those inter- ton in and bomb their target. viewed chose Clinton over Congress when (per- Con- cent) Approximately, two thirds of the way asked who will do better in ‘‘helping the gress (per- to Berlin, the mission was recalled and middle class.’’ Barely two months ago, Re- cent) publicans held a 49 percent to 41 percent ad- the B–17 was told to return to England. vantage on this measure. And 55 percent said Helping the poor ...... 61 27 Shortly after the bomber had com- Protecting the environment ...... 54 36 that Clinton understands the problems of Protecting Social Security ...... 53 34 pleted its turn to proceed to their base ‘‘people like you,’’ while an equally large Helping the middle class ...... 52 38 in England, Sergeant ‘‘Chick’’ Metz, majority said the Republicans in Congress do Protecting America’s children ...... 49 40 Areas where Republicans in Congress received more trust: the ball turret gunner, requested per- not. Cutting taxes ...... 36 52 mission to leave his battle station for a Republicans retained their advantage over Reforming the welfare system ...... 38 51 Reducing the federal budget deficit ...... 36 50 short time. Clinton on such traditionally GOP issues as Handling the crime problem ...... 41 48 managing the economy. But even here, the Handling the nation’s economy ...... 43 47 At this time, the plane was still fly- president appears to be closing the gap. Ac- Handling the main problems the nation faces ...... 39 46 ing at 25,000 feet. A few seconds later Areas where Clinton and Republicans are equally trusted: cording to the poll, 47 percent of those inter- Upholding family values ...... 44 45 the oxygen control officer, Lieutenant viewed trusted Republicans in Congress more Betalotti checked to see if Sergeant NOTE: Figures may not add to 100% because ‘‘no opinion’’ is not in- to deal with the economy, down from 56 per- cluded. The most recent figures are from a Washington Post-ABC News na- Metz had returned to his battle sta- cent six weeks ago. At the same time, the tional telephone poll of a random sample of 1,524 adults March 16–19. tion, but he did not answer. Other data are from Washington Post-ABC News polls of approximately the proportion trusting Clinton more on eco- After a few more seconds he was nomic matters increased from 34 percent to same sample size. Margin of sampling error for all polls is plus or minus 3 percentage points overall. Sampling error is, however, only one of many po- again called and still did not answer. 43 percent. tential sources of error in this or any public opinion poll. Interviewing was The survey also suggests that congres- conducted by Chilton Research of Radnor, Pa. One of the waist gunners, Sergeant sional Democrats were successful in their ef- f Alfter, went to check on him. forts during the recent balanced budget Sergeant Alfter reported that Ser- amendment debate to raise doubts about the SPECIAL ORDERS geant Metz was apparently unconscious willingness of Republicans to spare Social The SPEAKER pro tempore. Under and would need some help. About the Security entitlements from budget cuts. the Speaker’s announced policy of Jan- same time Sergeant Alfter lost con- By 53 percent to 34 percent, Clinton was trusted more than Republicans in Congress uary 4, 1995, and under a previous order sciousness because of lack of oxygen. A to protect Social Security. In early January, of the House, the following Members third person, gunner, Sergeant Republicans held a 7-point advantage over will be recognized for 5 minutes each. Gatzman, proceeded to the access door the president. f of the ball turret to give Sergeant Metz Overall, Clinton held the advantage over and Sergeant Alfter aid, but he too congressional Republicans when asked who HONORING WILLIAM J. SHADE, A passed out. would do the better job in helping the poor, TRUE AMERICAN HERO Then Sergeant William Shade, protecting the environment and ‘‘protecting The SPEAKER pro tempore. Under a looked through the door of the radio America’s children,’’ issues on which Demo- crats traditionally do well. previous order of the House, the gen- room, saw and recognized the serious- Republicans in Congress were trusted more tleman from Pennsylvania [Mr. HOLD- ness of the situation for the three un- than Clinton in reforming welfare, handling EN] is recognized for 5 minutes. conscious gunners, and began to take crime, cutting taxes and reducing the budget Mr. HOLDEN. Mr. Speaker, I rise to- immediate action. deficit, the survey found. night to honor a member of a World With no regard for his own personal With the 1996 presidential election 20 War II, B–17 bomber crew for an act of safety, Sergeant Shade disconnected months away, Senate Majority Leader Rob- heroism that, until now, has gone un- his own oxygen, and made it to the lo- ert J. Dole (Kan.) emerged as the early front- recognized. His name is William J. cation of a walk-around oxygen bottle, runner for the GOP nomination, volunteered as the choice of 32 percent of those self-de- Shade, of Fleetwood, PA, and he was a which was very small and had only a scribed Republicans interviewed. Every technical sergeant in World War II. He few minutes of oxygen left. He was able other Republican was supported by less than has been awarded there Oak Leaf Clus- to connect the ball turret gunners nor- 10 percent of those interviewed. ters and one Air Medical. mal oxygen supply and then was able Clinton was the volunteered choice of 55 William Shade was a radio operator to connect Sergeant Alfter’s and Ser- percent of those Democrats interviewed, and gunner with the 545th Bomber geant Gatzman’s supply. All three gun- with every other Democrat finishing in sin- Squadron, based in England during the ners regained consciousness within a gle digits. war. He entered the service in Novem- few moments and suffered no perma- When matched in a hypothetical presi- dential election, Clinton and Dole finished in ber of 1942. He received his preliminary nent mental effects. If it had not been a tie, with each receiving 46 percent of the training in California, and was later for the Sergeant William Shade’s quick projected vote. trained as a radio operator in South action under pressure, the three crew Dakota, and took gunnery training at member’s would not have survived. CLINTON AND THE REPUBLICAN CONGRESS Tyndall Field, FL. He was promoted to When the B–17 returned to the base, [Washington Post-ABC News Poll—March 19] sergeant before going overseas in 1943, one of the crew members mentioned to Do you approve or disapprove of the way and while overseas was promoted to the debriefing officer that Sergeant Bill Clinton is handling his job as president staff sergeant and later technical ser- William Shade should receive a medal since taking office in January 1993? geant. for his actions. The debriefing officer, Approve 52 percent; disapprove, 45 percent; The accounts of William Shade’s he- no opinion, 3 percent. said the least that could be done was to Which of these two statements would you roic act are taken from crew members give him a promotion. The officer pro- say represents the greatest danger for the who were saved by his bravery. These moted William Shade to staff sergeant country: men would not have survived the mis- then and there. H 3400 CONGRESSIONAL RECORD — HOUSE March 21, 1995

Following this extraordinary mis- York [Mr. OWENS] is recognized for 60 The pattern of the rescissions shows sion, William Shade and the crew flew minutes as the designee of the minor- clearly where the budget process will 12 more times until their 25th mission ity leader. be going when it begins for the next when their B–17 was shot down over Mr. OWENS. Mr. Speaker, today we year’s budget. The rescissions affect France on April 13, 1944. Mr. Shade was have completed the first segment of the budget that is in effect right now, then arrested and sent to Frankfurt, the debate on the welfare reform legis- the 1995 budget that started October 1 Germany. He was finally transported lation. This legislation is a key part of of 1994 and continues until September by cattle-car to Stalag 17B in Austria the Contract With America, or the 30 of 1995. The new budget that will were he was a prisoner of war from Contract Against America. But I would take effect October 1, 1995, this year, April 13, 1944 to May 2, 1945. like to place it in the context of the that budget process has just begun. Mr. Speaker, Americans have always evolving budget development process. The way in which the rescissions answered the call of duty to defend our More important than the Contract budget was handled gives a key to what freedom. The history of our Nation is With America or the Contract Against will happen in the budget development full of actions of individual heroism. America, whatever you want to call it, that will take place over the next 2 William Shade may not have received is the budget process that is now under months for this budget year. the medal he deserved, but three men way which really establishes the prior- The snapshot of where the current have him to thank for saving their ities for both parties. It really indi- majority in this House of Representa- lives and it is never too late to recog- cates the vision of America and where tives wants to go, the preview of com- nize the bravery of those who have de- America should be going for both par- ing attractions that is indicated by the fended our freedom. ties and for others within the parties. controlling party, the Republicans who It is with great pride that I honor I would like to speak this evening as now control the House, the people who William Shade and ask my colleagues the chairman of the Congressional represent the interests of the elite op- to join me in recognizing this true Black Caucus alternative budget task pressive minority, their preview is not American hero. force. We are preparing an alternative just startling, it is a devastating state- f budget to show a vision of America ment about where they intend to go. It is a dangerous course that they have b 2145 which will encompass all Americans, a vision of America which will speak for laid out. One cannot say that the oppressive The SPEAKER pro tempore (Mr. the caring majority in America, not elite minority that is in control, the INGLIS of South Carolina). Under a pre- just the people in need, but the people people who are moving forward in the vious order of the House, the gen- who have the good sense to understand interest of a very small group of Amer- tleman from Florida [Mr. MCCOLLUM] that they have to respond to the need icans, one cannot say that they are is recognized for 5 minutes. of the most unfortunate among us. The guilty of some kind of secret conspir- [Mr. MCCOLLUM addressed the caring majority budget sponsored by acy. The conspiracy is not secret at all. House. His remarks will appear here- the Congressional Black Caucus would It is right there in the open. You can after in the Extensions of Remarks.] be an alternative to the budget that see clearly where they are going. If you f will be produced by the majority of the can see clearly, then the reaction for House of Representatives. That major- The SPEAKER pro tempore. Under a those of us who would be the victims previous order of the House, the gen- ity of the House of Representatives has to be a more profound and a more tleman from Illinois [Mr. GUTIERREZ] is really represents the ideas and the in- energetic reaction in my opinion. I recognized for 5 minutes. terests of an elite minority. The elite don’t think we should sit still and [Mr. GUTIERREZ addressed the oppressive minority has determined throw figures and numbers around in a House. His remarks will appear here- they want to prepare a revolutionary theoretical way. after in the Extensions of Remarks.] budget, a budget with far-reaching con- What the rescissions budget did that sequences, and they have begun that f was passed last week with the Repub- process already. lican votes—they have the majority The SPEAKER pro tempore. Under a Stage 1 in that process occurred last previous order of the House, the gen- and they voted the rescissions budget week when we passed the rescissions that they had the numbers to put in tleman from California [Mr. HORN] is for 1995. It is an ugly word, rescission. recognized for 5 minutes. place. What that statement that it Rescission means that for a year that made with $7 billion in cuts in HUD, [Mr. HORN addressed the House. His is already in progress, a year that has housing programs, most of it aimed at remarks will appear hereafter in the begun already, a budget that has al- low-income housing, most of it aimed Extensions of Remarks.] ready begun, a budget that is a result clearly at low-income housing, $7 bil- f of long deliberations, a budget that is lion, the largest hunk that came out of The SPEAKER pro tempore. Under a the result of bills and laws passed in the existing budget was housing, hous- previous order of the House, the gen- the authorizing committees, a budget ing for poor people. That is a clear tleman from Texas [Mr. PETE GEREN] is that is a result of the actions of the message that was sent. recognized for 5 minutes. last year’s Appropriation Committee, Did we have to, even if you wanted to [Mr. PETE GEREN of Texas ad- Appropriation Committee of the 103d reach a goal of $17 billion, you wanted dressed the House. His remarks will ap- Congress, we went through a long proc- to cut the budget by $17 billion, did you pear hereafter in the Extensions of Re- ess and a lot of man-hours went into have to in such an overwhelming way marks.] the hearings and the preparation. Fi- take so much from one particular de- nally we voted on the floor the appro- f partment or one particular function priations which went into the budget like housing? Did they have to do that? The SPEAKER pro tempore. Under a that began October 1, 1994. That budget And then there are cuts in education previous order of the House, the gen- was the product of long deliberations which amount to almost $2 billion, al- tleman from North Dakota [Mr. in the House and then, of course, the most $2 billion from education, and POMEROY] is recognized for 5 minutes. Senate had an equally deliberative most of the education programs that [Mr. POMEROY addressed the House. process. Then we had to come together, are cut are directed at the inner city His remarks will appear hereafter in the Senate and the House, long nego- poor, programs to help poor children. the Extensions of Remarks.] tiations, a lot of man-hours of very tal- Then you have cuts like the zeroing f ented people that went into the prepa- out, complete wiping out of the sum- ration of that budget. But now the new mer youth employment program. Zero. AN ALTERNATIVE TO WELFARE Committee on Appropriations reck- An indication that not only are we REFORM lessly come along and they reach into going to take the money out of this The SPEAKER pro tempore. Under that budget that is in process now and year’s budget, but zero for next year. the Speaker’s announced policy of Jan- they pull out more than $17 billion in Clearly the shotgun is aimed at the uary 4, 1995, the gentleman from New rescissions. places where poor people live. Clearly March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3401 there is a demonization and there is a the School Lunch Programs and all the farmers, for example. Farm welfare, targeting of poor people to begin with. other block grant programs. welfare for rich farmers, is an atro- Then there is a more specific targeting So my point is, however, it is clear cious mutilation of a program that of poor people who live in urban areas, who is the target. It is clear that the 60 started with the New Deal to help poor people in the big cities who are the years of social programs that have ben- farmers. basic beneficiaries of public housing. efited many different types of people Poor farmers were helped by the gov- People in the big cities are the basic but the programs that now benefit a ernment in many ways. Agriculture is beneficiaries of title I, which was cut. great proportion of people of African- one of our most successful industries as They are the basic beneficiaries of American decent, those programs are a result of the government helping, but some of the other education programs the ones they are targeting, starting the whole thing has gotten out of hand, like the drug-free schools program that with the welfare reform. and for years now we have had welfare was cut. It is aimed at the inner city The welfare reform, of course, I agree for the farmers which is as great as the poor. The more specifically large num- with you. You must have welfare re- legitimate welfare that goes to moth- bers of the people who are the bene- form. We must make adjustments and ers and children. ficiaries are minorities. Large numbers try to make the welfare program work I think the illegitimate swindle of more specific than that are people of for the people who are poor, the people welfare that goes to the farmers is African decent, black people. who are the intended beneficiaries of what we should be also taking a close It is no conspiracy that is in secret. the program, try to make it work and look at what we should be scrutinizing It is clear for any student who knows try to make it work with the least pos- very carefully. But that has never hap- basic arithmetic, it is clear who the sible cost. pened. Welfare for the farmers is an un- target is, it is clear who the victims I agree with the process of reform. are already and who the victims will be touchable in the budget. Let us go forward with reform. There is You may be interested in knowing in the bigger budget. It is quite clear. not a single function of government or One is reminded of what Shakespeare that welfare for the farmers in the a single department of government or form of the price supports, just that put in the mouth of King Lear at a process of government that can’t stand time when King Lear’s two daughters, one form of subsidy is about the same some reform. That is our business. We amount of money that is spent for wel- two of his three daughters had be- are here to provide oversight for all of fare for mothers and children, $16 bil- trayed him, and King Lear states, the activities of the government. We lion—$16 billion goes to farmers not to ‘‘Fool me not to bare it tamely. Touch are here to deal with reform. So wel- grow grain. It goes to farmers, and me with noble anger.’’ fare reform is very much an appro- many of those farmers are very well That is Shakespeare’s complicated priate activity. off. A large proportion of them are not way of saying, ‘‘It’s time to get mad.’’ The problem is that welfare has been farmers at all in the sense of individ- Anger is very much appropriate at this under scrutiny for a long time. Wel- uals who are farming. They are people time. Anger is the order of the day. If fare, as we call it, when we say welfare who are on corporate boards of cor- you are a leader of people of African it is short for welfare for mothers and porations that are agribusinesses. descent, if you are a leader of poor peo- children, what in technical terms is Most of our farming is done these ple, if you are a leader of people who called Aid to Families with Dependent live in the big cities, it is time to get Children. days by agribusiness. In case you didn’t angry, it is time to react, because what People refer to that as welfare, but it know it, only 2 percent, 2 percent of is happening is revolutionary. These is really Aid to Families with Depend- the population now is involved with are very large cuts. ent Children, a part of the whole Social farming, only 2 percent. So the $16 bil- Public housing evolved over many Security Act, a part of what started lion that goes to the agribusinesses in years but in a few years it will be with Franklin Roosevelt. Aid to Fami- the name of helping farmers is not wiped out if we allow a $7 billion cut to lies with Dependent Children is just going to help large numbers of individ- take place in the rescission process. that. It is money directed to children uals out there. It is going to help cor- Then there is talk of wiping the whole who have needs. And the mothers of porations. It is a check that they got. department out, and also at the same those children are just the overseers of It is a socialist intervention into the time, probably actions generated by their welfare, and they are the recipi- farming industry. They are smothered some of the targeting of the elite op- ents technically. So mothers and chil- with socialism. pressive minority has influenced the dren are the recipients of what we call The agricultural industry is probably White House. The Secretary of HUD, welfare. the most successful industry in the his- Housing and Urban Development, made It is altogether fitting and proper tory of America. As a result of govern- a statement yesterday in connection that we should reform welfare, try to ment intervention years and years ago, with his reorganization of HUD. They make it better, just as it is fitting and it is successful. If it is so successful, are getting on the bandwagon in too why do we have to continue to provide many ways. They are proposing to proper that we reform any other aspect of government, any other function of a government welfare check to farmers phase out public housing as we know or to agribusinesses? That $16 billion it, not change it, not reform it, but government, any other welfare that the government provides. there in the budget could go for some- phase it out. Eventually you will have thing else. But they have not targeted, a system at the end of their process The government also provides other forms of welfare. Nobody ever calls it my point is they have not targeted ag- where there will only be vouchers. Peo- riculture subsidies. ple will be given vouchers to go out and welfare, but when it is money being In the $17 billion rescission budget look for your own housing. given to either victims, poor people who are victims of the economy and you won’t see any large cuts of agricul- b 2200 can’t find jobs or victims of family tural programs. They are not taking a The problem with the vouchers is breakdowns, many times as a result of heavy hit like housing or education for every year you will probably have a cut the facts that the male can’t find jobs, the poor or job programs for the poor, in the amount of the vouchers. The the family does break down. summer youth programs. You won’t problem with most of the programs Poor people are victims. Victims of find anything zeroed out for agri- being offered by the Republicans who hurricanes are recipients, also victims culture in the rescission budget. are in control of the budget-making of floods, victims of earthquakes. They This is very important to take note process is that everything they set are all recipients of government help of this. Why forth and offer as a set amount of because they are victims. is it that an activity which involves money available for a particular func- Then there are other people who are only 2 percent of the population is an tion is subject to being cut in the fu- recipients of government help who are untouchable activity? How is it that ture by the same reckless Appropria- not victims. They are recipients of gov- the farm welfare system go on and on? tions Committee. The same appropria- ernment help because a system has Nobody is talking about ending farm tions process will whittle down the been developed which has made them welfare as we know it? How is it that vouchers just as it will whittle down dependent. You know, welfare for the this happens? H 3402 CONGRESSIONAL RECORD — HOUSE March 21, 1995 The American people ought to take a African-Americans enjoyed prosper- because they didn’t have political ac- very close look at the power of the ity for a very short period of time dur- tion committees. They didn’t have big farm lobbyists. We talked a lot about ing the era of World War II and the 10 contributors. lobbying. We talked about special in- years following World War II, 20 years For many reasons, the kind of power terests. You should take a close look at following World War II. There were you need in America is not present in how it is done, how 2 percent of the jobs. Jobs were available in the big the inner city communities of our big population can go on and on, as long as cities. That is why you have so many cities. So, steadily, from the time of they want to go, control a whole sys- African-Americans in the big cities. Ronald Reagan’s first year to the tem of subsidies. They weren’t concentrated there be- present, steadily there has been an as- And I have only mentioned $16 billion fore World War II. African-Americans sault on the big cities. Steadily, the worth. The Washington Post told us were spread out all over the country, Federal Government has taken away last year that another aspect of the and most of them were in the South, programs that benefited the cities. welfare program for farmers, called the not all of them, but most of them were The savings and loan money that Farmers Home Loan Mortgages, $11.8 in the South. built the shopping malls and the con- billion, billion, in loans to farmers was Why were they in the South? Because dominiums and all of the failed forgiven over a 5-year period. We are the South had the largest slave popu- projects in the Midwest and the West, not discussing reform in that area. lation. Why did they have the largest most of that money came out of our That appeared on the front page of slave population? Because the South’s big cities, by the way, because even in the Washington Post. There was some primary commodity, its primary in- the big cities, with millions of deposi- scurrying around for a while. There come crop, was cotton and a few other tors, they accumulated large amounts was talk of a committee dealing with items that required a large amount of of money in our banks. that. It didn’t happen in any signifi- labor, cheap labor, and you had large cant way. concentrations of slaves in the South. b 2215 Then we know, of course, we failed to They left the South during World reform the savings and loans system. War II, and they came north. They The poorest banks are rich in our big Instead of reforming the savings and found jobs. And if you look at history, cities because the numbers of people loan system, we deregulated it. So the examine the period when they had jobs, who are depositing are so great. Their savings and loans program, which said African-Americans in the big cities had deposits were taken out and invested that the government stood behind all jobs. You will find that there was a rel- across the country in failed projects, of the people who have deposited their atively small amount of family disinte- and the savings and loan drain that money in the savings and loans banks gration, of family destabilization. benefited Texas and California, a large up to $100,000, that collapsed com- There were few families with only one part of the dollars came from the big pletely, not completely, it collapsed parent. There was work available, and cities. You had war being made on our overwhelmingly. And it is costing the when work was available it was pos- big cities, and that war has wrecked American taxpayers as much as $200 sible to maintain stabilized, good fami- the black families, has wrecked teen- billion. lies, stable families, and go forward. agers’ lives, lives of teenagers, and that But we are not laboring to reform a But that was only a brief period. The war continues. program that has cost you $200 billion. jobs that existed in Washington, DC, in Instead of the present oppressive You can’t even get a good report as to New York, in Chicago, in all the big elite minority trying to rebuild our where it is right now. It is still going cities where African-Americans have cities, as they do across the world, forward. accumulated, those jobs began to dis- most countries are proud of their They are still trying to salvage the appear as the economy was mis- cities, and they want to rebuild them, money that was lost via the savings managed more and more. And the peo- a decision has been made by the op- and loan swindle. And there are still ple who were in charge of our economy pressive elite minority that they want people running around who pocketed gave away our economic base for man- to destroy our cities, that they are millions of dollars who have not been ufacturing. They gave it away to Japan going to build an America where big even called and interrogated, many and to Germany and to Taiwan. cities do not count; the populations of others who have been interrogated who And you know the jobs that would be big cities can be thrown overboard. have never been prosecuted, and many there for people normally, even with- There is a triage process that we will others who have been prosecuted and out a war and without defense produc- follow. After all, so many of them are they never paid a dime, many others tion, were all gone because the entre- black, so many are African-American. who have spent some time, a few weeks preneurs and the investors and the peo- And in case we do not complete the in prison, but never paid a dime also. ple who own the plants found that they process with the budget, they have in- They come out and were millionaires do make greater profits by using cheap troduced affirmative action, an attack still. labor somewhere else in the world. And on that, assault on affirmative action So if you want to reform a signifi- that is a pattern that started then. It to send the message even more clearly cant portion of the government, we started 20 years after World War II. that we are targeting African Ameri- should be looking at reform for the And it escalated, and now it is in full cans. savings and loans program. We should boom. The big cities have large accumula- be looking at reform for the agri- It is the way to go if you are going to tions of African Americans, and I culture welfare system. produce a product. You don’t invest in would like to get back to the point I That kind of reform is not on any- America and manufacture in America. was making. Why are they there? I just body’s mind. They would prefer instead You find the cheapest source of labor told you. They went there seeking jobs. to target the programs that are serving somewhere in the world, and you bring The jobs were there. The jobs have the poorest people. And programs that the product back to America. So for been taken away now. So they are are serving the poorest people, unfortu- that reason the jobs are not there. You there. They are vulnerable. They are nately, disproportionately large num- have large numbers of African-Ameri- poor. bers of African-Americans are in those cans along with other poor people in Why do they have to go to the big programs. the big cities where they came because cities? Because the economy of the Now, if there is a 10th grader, a soph- there were jobs, and they are trapped South where they were was even poor- omore out there listening, the obvious there. er. The wretchedness of black families question is why are so many African- And we have had an anticity policy. was greater in the rural South before Americans in these programs? Why are Part of the reason that the policy has World War II than it is in any big city so many African-Americans poor? Why been anticity is because there are large now. Starvation and hunger, exploi- haven’t African-Americans made it? concentrations of African-Americans tation, a state which was not too far Why are they vulnerable so that we can and Latinos, minorities who didn’t removed from slavery existed for hun- be targeted by people who are powerful have any political power, large num- dreds of thousands of African Ameri- and that we can become victims again? bers who could not fight for themselves cans, because slavery, getting back to March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3403 the topic that upsets so many people, a Mexican person who is very poor, But before that they were in the slavery left a heritage. owns very little, who comes across the rural South where they were very poor Why are so many African-Americans border from Mexico to California as an and never had a chance, because no- poor? Because they are victims of a immigrant; imagine an immigrant in a body ever gave any help to the slaves process that never had any mercy in it. whole new world, does not speak the after they were set free, and before They are victims of a process that language, is poor, and was poor back that, of course, they were slaves, and never offered any real aid until the home, and try to imagine what I am instead of them being helped by any- Great Society programs, the New Deal saying when I say that that immigrant, one, an effort was made to obliterate, and the Great Society programs came that poor immigrant coming across the block out their humanity, destroy any along. There was no aid of any kind. border from Mexico to California, is a sense of family, any sense of culture, You had millions of African-Americans millionaire compared to a slave being any sense of religion. who were set free by the 13th amend- dumped on a wharf somewhere in You cannot suddenly, as a nation or ment to the Constitution. And the America and taken to the auction a group of civilized people, say that 200 Emancipation Proclamation set some block. Because that poor Mexican has a years does not matter. You cannot ob- free before, and upon achieving that village, a family, a culture, associates, literate and say it did not exist. That freedom, they were empty-handed. people to go back to or to remember, is what the Communists used to try to They had nothing. reminisce about, to communicate with do in Russia, just wipe out segments of If there are any sophomores still lis- even after he arrives here. history. It did exist. tening, remember that slavery existed That poor Mexican probably has After we were set free, the 13th for 200 years in America. Slavery ex- some friends or some associates or a amendment and the 14th amendment, isted for 400 years in this hemisphere. community of people who might not 15th amendment, there was another Slavery in South America and the Car- know him individually but will receive hundred years of oppression, lynchings, ibbean area started long before it start- him in California if he comes across denial of all rights. ed here. But slavery existed in Amer- the border. So we are talking about 300 years be- ican for 200 years, and some people who They are rich compared to what the fore we had a situation where people says slavery was an institution, slav- slave had. The slaves were deliberately could get up and leave the South, come ery was an industry. Slavery was an in- cut off from their culture, from their to the big cities. There was nothing to dustry, a vile industry, but an indus- fall back on. Nobody has a parent who sense of family, from their societies try. gave them anything. They did not in- that had been built up over hundreds of Slaves were recruited. Slaves were herent any land. They did not inherit years. They were deliberately cut off, imported to make money. Slaves were any bank accounts. and right away they were put on board brought and sold like property. They You know, why are they so poor? ships, and they were arranged in ways were bought and sold like machines for Why are African-Americans in such to separate slaves who came from the 200 years. large proportions in the big cities poor? same places, even the same tribe or the For 200 years slaves were handled in Because their ancestors were slaves, same languages, and not allow them to a way which reminded them at every their ancestors were victimized. There be together, because there was fear of point that they were property. In order was nothing to fall back on to build mutiny. They did not want them to to accomplish this, slaves had to be any economic base. treated in ways which obliterated their have any sense of commonality. The miracle is that so many, that humanity. So the obliteration process for slaves there are so many middle-class black I used the word ‘‘obliterated’’; an at- started on the ship. It continued at the families, there are so many people who tempt was made. I take it back. They wharf when they were unloaded and have overcome all of this. There are so did not succeed fortunately. But an at- sold. They were sold regardless, irre- many who prosper no matter what. tempt was made to obliterate any gardless of any attachments that they The cruelest activity that you could sense of humanness in the slave in might have had. If a sister or brother perpetuate would be to target this vul- order to make him a more productive happened to come together, then no- nerable bunch, this vulnerable group of machine, a more productive beast of body would recognize that certainly on people who are the descendants of burden. the wharf, and then it went on and on slaves. We are the victims. We are the Their sense of humanity had to be for 200 years. descendants of victims, and now we wiped out. So slaves were bought and The largest number of slaves that ex- have been targeted again. sold and deliberately families were not isted at any time in the history of slav- Probably many of the people who are allowed to exist. You know, there ery in this country, however, were not targeting the victims are the descend- might have been 1 or 2 percent of the people who were brought across the ants of the oppressors, the slave-own- slave owners who were kind enough to sea. You know, millions were brought ers and the slave industry, people who let families stay together or to respect across the sea. But the largest number participated in the slave industry in the family unit, but basically, in the were born in this country. They were many different ways. salve industry, it was counter- bred in this country. Slave-breeding It is time to get angry when you see productive to have family attach- was a basic part of the slave industry. the policies of the Government of the ments. So the slaves were for 200 years Why am I mentioning the ugly sub- United States being shaped by people in a situation which discouraged any ject of slave-breeding? Why am I both- who would cut the budget in ways family. Any families which we have, ering to mention that? Because the his- which seek to wipe out the victims of any sense of family which we have, tory of the black family and the dis- the descendants of slaves. In this budg- which is very strong in the black com- integration of the black family, the et process that we are about to embark munity, very strong in the African- problems of the black family, are root- upon, we are told that there is a desire Americans community, any sense of ed in slavery. to save $722 billion over a 7-year period. family is there despite all of the hard- An attempt was made to obliterate The call is for a balanced budget by the ships. That sense of family is there be- any sense of family, and when freedom year 2002. They said the budget must be cause we the people of the African- came, no attempt was made to help in balanced, and that is a criteria that is Americans communities, the victims of any way, economically, socially, cul- set. slavery, held on to it, made it happen, turally, no attempt was made. So when The Congressional Black Caucus and kept it happening. But for 200 a sophomore asked the question, why budget would not be allowed on the years there was an attempt made to so many black people are poor, why are floor. It will not have a chance of get- make us forget all about family ties, they so vulnerable, why are they all ting past the Committee on Rules un- forget all about our humanity in every gathered in the big cities? The answer less we can show we can balance the respect, religion, family, art, culture, is they are in the big cities because budget by the year 2002. All other budg- everything. they came looking for jobs, and they ets, they say, must do the same thing. If the sophomores are still listening, found jobs, and they thrived for three At least, you must show over a 5-year just try to imagine what it is like for or four decades. period that the budget that you are H 3404 CONGRESSIONAL RECORD — HOUSE March 21, 1995 proposing is on a glide path to a $59 bil- except a few kind slave owners who other groups. We should reasonably ex- lion deficit in 5 years; $722 billion in gave Sundays off. But if there is any- amine it and determine that we are savings must be realized over 7 years; body who knows what work is all going to provide hope for teenagers re- $59 billion must be the deficit, no high- about, it is the people who are the de- gardless of their race or color. er than $59 billion in 5 years, and in scendants of the victims of slavery. We are going to provide hope, and order to get there, the kinds of cuts So let us stop the demonization. Peo- one area you provide hope is through that were made last week, $17 billion in ple are not on welfare who are able- education, providing the best possible the rescission process, will have to be bodied because they are lazy. education. Next to the cuts in housing magnified many times over. In my district certainly, if you have that were in the rescission budget last They will have to make even more the jobs, for every job you produce week, Mr. Speaker, the $7 billion in cuts in housing programs for poor peo- there will be 10 or 20 people in line to cuts in housing programs for low in- ple. They will make even more cuts in get the job. There are no jobs, and we come people, the cuts in education programs like the school lunch pro- have been looking for jobs for decades were the second most vicious groups of gram, in programs like the summer now. cuts because they are targeted to youth employment program, in train- We have to produce jobs in the Con- eliminate hope for large numbers of ing programs for welfare mothers. The gressional Black Caucus budget, in our young people. The specific cut of the cuts will be humongous, monstrous, vision of what America should be like. summer youth employment program unless we turn aside from the revolu- We are going to have a job creation and the specific cut of the drug-free tion that is being promoted by the op- program, as we always have had in pre- schools program, those specific cuts pressive elite minority now in control vious budgets. We are going to have job are aimed at programs for young peo- of this Congress. training. We are going to have job edu- It is a very serious situation. Added ple, and they become, as my colleagues cational programs. know, the most vicious, among the to the cuts, as I said before, is the at- You know, if you give a bright wel- tack, the assault on affirmative action, most vicious of all. fare mother a 2-year college education, If we are going to continue and re- which doubles the victimization. she can become a part of the middle We see a pattern in the welfare re- peat those kinds of cuts, then we are class, or a degree in nursing, or x-ray going to wipe out hope for more and form bill that will be repeated over and technician, or blood work technicians, more young people and end up with over in the welfare reform process. a number of different jobs that are more and more being caught up in the In the bill that is being offered, the available for people who have training. web of teenage pregnancies and other element of reform I support, as I said But you have to have the money and social ills. Teenage pregnancies are a before. We all want to reform any Gov- the budget to provide for that 2 years problem we are going to resolve. Let us ernment program and make it work. of training in order to allow this per- reasonably try to get that kind of hope The human animal is not an admin- son to bridge the gap and get into the restored to teenagers so that they will istering animal. We do not naturally middle class. not drift into that kind of situation know how to administer anything. When you are demonizing people that which hurts both the mother and the So any big activity, any complex ac- are making the assumption that they child. Babies should not be raising ba- tivity needs to be reformed from time are lazy, making the charge, then you to time, needs to be revised, adjusted, do not put money in the budget for bies. Teenagers should not be raising and welfare is no exception. But we training and for job creation. There is babies. We do not want it, and we should also revise any other aspect of no money in the welfare program that should rationally do everything pos- the Government in the same manner. has been offered by the Republican ma- sible to end it. We have no problem with the reform jority in the House. There is no money, But do not demonize pregnant teen- element. there is no program, for job training. agers. Do not demonize them and use Welfare is also, unfortunately, a ve- There is no program for job creation. the code that there is something wrong hicle for the demonization of African- We started out talking about get off with black pregnant teenagers, there is Americans. Welfare is a vehicle for the welfare and go to work, and the Demo- something wrong with black families, demonization, first, of poor people. It is cratic alternatives to the welfare pro- there is something wrong with the a vehicle for the demonization of preg- gram of the Republicans, you are going black community. Do not demonize nant teenagers, teenage mothers, and to find an effort to provide job train- and gain some kind of political advan- it is a vehicle for the demonization of ing. There is money in there for—in the tage by appealing to the gut racism in African-Americans. Deal substitute and certainly the certain people. Do not let the welfare b 2230 Patsy Mink substitute. There is money reform process drift into that. Teenagers are not a threat to the How does this happen? Because it has to provide for training to allow people moral fiber of America. Teenage preg- become a code word. to get off of welfare, but it is too good nancies—there was a time when teen- When people think of welfare, the a demonization technique and a de- age pregnancy was a threat to the media, the political leadership, have monization weapon for the Republicans moral fiber of America, and I said it handled the problem and issue in ways to seriously deal with jobs and job which have led to an association of training and seriously try to reform before on this floor, and I repeat it to welfare with African-Americans, with welfare. remind my colleagues that teenage black people. So it becomes a demoni- You can have a good election issue if pregnancy was a threat to the moral zation. you continue to demonize the people fiber of America, black teenage preg- If we want to really reform it, let us who are on welfare because they are nancy—during the days of slavery, 200 take out the demonization. Let us stop black, because they are teenagers, be- years of slavery when teenage preg- talking about welfare in terms that de- cause they are pregnant. All of a sud- nancy was promoted and teenage preg- monize people. Let us look at the prob- den teenage girls become a threat to nancy was a profit-making enterprise. lem. They are a set of victims like the moral fiber of the country. As I Breeding slaves produced more slaves other victims the government helps, said before, they are not a threat to in America than importing slaves from and let us go forward with reforming the moral fiber of the country. I would Africa—breeding. Every teenage slave welfare in that spirit. like to have fewer teenagers pregnant. girl was expected to get pregnant as Let us talk about jobs and the need I would like to see fewer unwed moth- soon as she was old enough to get preg- for jobs and job training without call- ers. The number who are increasing, nant, forced to get pregnant. Terrible ing people lazy. ‘‘Lazy’’ is a ridiculous who are not African American, is things could happen to her if she did term to use with the victims of the de- great, which means that there is a situ- not get pregnant, and she did not scendants of slaves. ation of helplessness and hopelessness choose the man who made her preg- In slavery everybody had a job, and that is driving this situation, and we nant. Part of the breeding process was they had to do it. In slavery they need to correct it before this disease to select the men who did the impreg- worked people from dawn to dusk. In spreads beyond the vulnerable poor nation. So, that was a threat, that kind slavery they worked them every day, populations of our cities and engulfs of activity which went on for 200 years March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3405 in America as a business, the slave of the past. The wealth is escalating tion that ever existed and to pay for business, the slave industry, that was a every day. Wall Street is not suffering. the kind of services, and the programs threat to the moral fiber of America. We are not on the verge of bankruptcy. and the projects that benefit all Ameri- Like all other aspects of slavery, the people are getting rich faster and fast- cans. moral fiber of America was challenged er. Those who have money, the wealth by the components of slavery. of America is not absorbed by the fact b 2245 Thank G-d for Abraham Lincoln. that there is no frontier anymore. The caring majority, which I think is Thank G-d for all the people who lost There is no frontier in terms of land. the majority of Americans, will insist, their lives in the war to end slavery. But it seems we have a lot of wealth I think, that everybody be given an op- America has had that burden taken off above us, the broadcast frequencies portunity for an education, eveybody its shoulder, been able to go forward as above us. The bands up there that are be given decent housing, everybody be a leader of the Free World as a result of now being auctioned off have brought that kind of moral threat being re- in close to $9 billion. The people on the given an opportunity to eat well, that moved. So, when you see or hear people air—and we should stop and think children will have free lunches. talk about teenage pregnancies, it is a about that resource that belongs to us. I think the caring majority is made serious matter of today, but is not a There are all kinds of ways in which up of people out there who need gov- threat to the moral fiber of America. this country can be protected from ernment help. The caring majority is These people are not demons. The de- bankruptcy. There are many ways in made up of a majority of people who mons were the people who made an in- which the deficit can be solved once are not people who need government dustry out of impregnating black teen- and for all, and you do not have to in- help. They are just people who are wise agers in the slave system, and the crease taxes on individuals. We need a enough to know that if this society is breeding pens and the breeding farms. whole system of taxation which does going to hold together, if you are going Those were the people who were the de- not focus on individual income and to go forward with the maximum civil- mons. throw one group of people against an- ity, go forward and build a society We have been targeted unfairly. I other. which promotes the common welfare, hope that the elite oppressive minority In the Congressional Black Caucus the prosperity for all, then we are can hear some of these appeals. It is budget we shall propose a commission going to have to care about people who not too late to turn back and look at to creatively look at new kinds of tax do not have housing. the process of delivering on the Con- options, and we should propose some of People in the caring majority do not tract With America, the process on those tax options to go forward as soon necessarily want to live next to home- demonstrating that you know how to as possible. Why not? As my colleagues less people, have them come to their run the government better than the know, look at the air waves in a dif- homes and eat, but they want them to Democrats. I hope the Republicans will ferent way, and derive some income have a home and want them to have turn aside the game plan that involves through user fees, and let it be known food. People in the caring majority demonization and later on an appeal to right away. Why not even halt the auc- may not want their kids to go to make it racism. tioning process and do some other form school with poor children, but they Candidates who are announcing now of ownership of the frequency bands up want every child to have an oppor- for the presidential race in 1996 have there which are going to be very lucra- tunity to go to school. The people in placed great emphasis on the fact that tive? And one industry that we know the caring majority care about health they want to destroy affirmative ac- will be very lucrative in the future is care for everybody, and they do not tion, affirmative action. When they add the telecommunications industry. One think we are so poor that we cannot affirmative action and the assault on industry that will derive a great deal of have health care systems which pro- affirmative action to the game plan, as profit and revenue will be tele- vide decent health care for everybody. I said before, and my colleagues know communications. The industry that the In the days ahead, as the Committee that $722 billion is going to have to be Japanese, and the Germans, and the on the Budget moves to realize its $722 saved over 7 years, you can understand Taiwanese, nobody in a foreign country billion in savings, we have to be on a that the days ahead, in terms of deci- can take away from us, is the tele- glide path, they say, showing that the sionmaking about the budget and the communications industry. deficit is down to $59 billion in 5 years. targeting of programs that hurt mi- So, let us look forward to making use The horrible kinds of devastating cuts norities and the targeting of programs of the potential that is in the air above that they will propose must be re- that hurt poor people has just begun. us in ways that benefit all Americans. sisted. We must show that an F–22 Between now and 1996 every candidate Nobody should buy the argument fighter plane that nobody needs will running for President will be trying to that you have to cut programs for poor cost us $12 billion over the next 5 demonstrate, every candidate running people because we are bankrupt. No- for President for the Republican Party body should buy the argument that we years, and if we are really, truly wor- will be trying to demonstrate, that have to cut HUD in order to save ried about bankruptcy and becoming they can go after African-Americans in money, that is the only place we can insolvent as a nation, why are we a more overwhelming fashion and a save money. Nobody should buy the ar- building an F–22 fighter plane, the more targeted and precise fashion, in a gument that the summer youth pro- most sophisticated fighter plane ever more damaging fashion, than anybody gram, which is a relatively small devised by the imagination of man. We else. That is going to be the Willie Hor- amount of money, has had to cut down have already a very sophisticated ton of 1996. to zero in order to balance the budget fighter plane. Put that on a list. Those It is time to come to grips with it or in order to save money. We should Americans who think out there that right now. It is time that we on the not buy those arguments. There are somebody has to suffer, there has to be floor of this House understood that we many, many ways to cut the budget some cuts, that is the argument we do not intend to sit idly by and allow and adjust the budget. There are many hear, let us spread the pain. this kind of demonization and appeal ways to look for new revenue. We are not spreading the pain. Seven to racism to go on. We do not intend to All the industries that are based in billion dollars comes out of HUD, hous- allow the budget to be twisted and dis- America that have foreign operations ing for low-income people, and you are torted in order to accomplish that pur- have been let off very lightly in terms going to continue to build the F–22 at pose. of they have taken the jobs away from a cost of $12 billion over the next 5 We want to show a vision of America the workers. The people who own the years, that, I think, the majority of Ameri- plants and investors, they reap great and this is a scaled down version of cans want, and that is a vision where profits. There should be some way to what was proposed originally. If the we apply the tremendous wealth of this get a greater share of those profits and whole plan was followed and we built country with the richest nation that pile them back into the country of ori- all the F–22’s that were originally con- ever existed on the face of the earth. gin. There are many, many ways which ceived, it would cost us $72 billion. Sev- There has never been anything like we should look to new sources of reve- enty-two billion dollars. But just over America. The wealth is not something nue in order to sustain the richest na- the next 5 years we are looking at $12 H 3406 CONGRESSIONAL RECORD — HOUSE March 21, 1995 billion, and nobody is scrutinizing that to create an America that belongs to We need to evaluate the success of expenditure and saying we cannot af- everybody, will find that this democ- welfare, as the gentleman from Okla- ford it. racy cannot be hoodwinked, the people homa, Mr. J.C. WATTS has said from The CIA, $28 billion is the estimate of cannot be stampeded into voting our freshman class, not by how many CIA’s budget. If you have to cut some- against their own interest. The caring people are on AFDC or on food stamps thing, cut the CIA 10 percent every majority will stand behind the most or in public housing, but how many year for the next 5 years. You will not vulnerable in our society. people are no longer on AFDC, food lose very much. Eldridge Ames and his f stamps, and public housing. kind will be taken care of in a less lu- In that spirit and with the help our crative fashion, but you will not lose REPORT ON RESOLUTION PROVID- good colleague from Arizona, the es- any ground in terms of America being ING FOR FURTHER CONSIDER- teemed Member of the House of Rep- secure and competitive. They do not ATION OF H.R. 4, PERSONAL RE- resentatives, J.D. HAYWORTH, I would contribute that much at this point. SPONSIBILITY ACT OF 1995 like to yield to you to discuss the im- They would still have half of $28 bil- portant cash welfare block grant pro- lion, which is $14 billion. Mr. SOLOMON, from the Committee on Rules, submitted a privileged report gram, of which you have been a leader. Let us spread the pain where it hurts Mr. HAYWORTH. I thank the gen- the least. Let us spread the pain by not (Rept. No. 104–85) on the resolution (H. Res. 119) providing for further consider- tleman from Pennsylvania, and really, building another Seawolf submarine, Mr. Speaker, before we get into this $2.1 billion. If we must make cuts, if we ation of the bill (H.R. 4) to restore the American family, reduce illegitimacy, discussion, I see our good friend are worried about the future, if you do uncharacteristically sitting to the left not want to mortgage our children’s fu- control welfare spending and reduce welfare dependence, which was referred of me, the esteemed chairman of the ture, then there are many ways and Committee on Rules, the Honorable places that cuts can be made. to the House Calendar and ordered to be printed. JERRY SOLOMON of upstate New York. There are a whole list of corporate You have something you would like to loopholes that we can start closing. f say now, at this juncture? The Committee on Ways and Means has Mr. SOLOMON. I want to commend produced a proposal for tax cuts, and MEANINGFUL WELFARE REFORM you for this special order, but I am still one set of analysts has looked at it and The SPEAKER pro tempore. Under waiting for the papers to file on the spoken to me and told me there is $1 the Speaker’s announced policy of Jan- rule that will take up exactly what you trillion worth of tax cuts, $1 trillion uary 4, 1995, the gentleman from Penn- are talking about here tomorrow. I worth of giveaways, loopholes in that sylvania [Mr. FOX] is recognized for 60 thank the gentleman. proposal. One trillion dollars. minutes as the designee of the major- Mr. HAYWORTH. I thank you very Let us take a close look at that bill ity leader. much. We all wait with interest to see and those loopholes. Let us look at the Mr. FOX of Pennsylvania. Mr. Chair- what is hot off the presses in the Com- tax expenditures as closely as we look man, tonight with me are the gen- mittee on Rules, and we thank the gen- at the other expenditures. tleman from Arizona [Mr. HAYWORTH] tleman from upstate New York for his In other words, we are going to re- sist. The Congressional Black Caucus and the gentleman from California [Mr. valuable service as the chairman of the budget is just a tiny part of the resist- RIGGS] in support of meaningful wel- Committee on Rules. ance. We will not stand by and allow fare reform that will help all of the Mr. Speaker, it is good to see you in $722 billion to be saved on the backs of people of the United States. We are the chair tonight, as you represent so the poorest people in the Nation. We here to speak out for a compassionate capably the good people of upstate will not allow people who consider system which does not simply hand out South Carolina, and it is good to join themselves revolutionaries to wreck cash and create a desperate cycle of de- my good friend from Pennsylvania the civility of the Nation, to destroy 60 pendence, but instead strengthens fam- standing in the well of the House, to years of activity and programs. We will ilies, encourages work, and offers hope address this topic. not let people go hungry, remain job- for the future. It is not my intent to invoke any less, have less educational opportunity, As you can see from this diagram type of negativity in this debate to- without putting up the most stringent right here, the poverty paradox, the night, Mr. Speaker, but I listened with possible fight. poverty rate and welfare spending. In great interest to the gentleman on the I appeal to the majority in this the years of the Reagan administra- other side of the aisle who calls the House, the people who represent the tion, you will see we did not spend as State of New York his home, and lis- oppressive elite minority, to turn aside much money on welfare, yet welfare tened to so much name calling, so from their effort to create a budget and went down. In the last 2 years, in the much myth making, as we enter this a game plan, a scheme, that envisages Clinton administration, more has been great debate on welfare reform. And let America only for a handful of people, spent, and yet it has been a failed sys- there be no mistake, this will be a only for a small class of people. We are tem of welfare. great debate. looking at America for everybody, and We are offering an alternative here But again, I would issue a challenge we do not seek to throw overboard the this week in the House of Representa- to our friends on the other side of the most vulnerable. We will not continue tives that we think is going to be aisle to come forth with positive, posi- to try to throw overboard the poor peo- meaningful for all families. We must tive welfare reform, because as my ple in America. We will not continue to bring an end to our current welfare friend from Pennsylvania will attest, try to throw overboard the poor people system, which abuses its recipients. and indeed, since we are in our first in the cities. We will not continue to Nothing can be more cruel to children term in the Congress, we have seen and throw overboard the African-Ameri- and families than the current failed certainly our friend who is the chair- cans among the poor people in the policies. man of the Committee on Rules has cities. We will not look at the most Tonight my colleagues and I will dis- been time and time again the phenome- vulnerable population and attempt to cuss various sections of the Personal non in this new 104th Congress of folks demonize them and use them as a way Responsibility Act which the House is who I believe fairly could be referred to of guaranteeing the next election. considering this week. The bill address- as the Yeah, buts. ‘‘Yeah, we need wel- There is a vicious set of activities in es cash welfare, child protection, child fare reform, but, the positive plan for motion, and it is time for us to get care, family and school nutrition, alien change being offered inflicts too much angry and call them for what they are. eligibility, commodities and food pain.’’ Indeed, I listened with interest We will challenge the oppressive elite stamps, SSI, and child support enforce- to my good friend the Democrat from minority, and in representation of the ment. Our bill, when it is passed, will New York just a moment ago talk caring majority, we will prevail. The allow millions of Americans to escape about the civility of this society being caring majority will counterattack in the cycle of poverty and learn the free- threatened. 1996, and those who are vicious, dom, dignity, and responsibility that Mr. Speaker, not only is the civility unyielding, uncivil, who refuse to try comes would work. of our society being threatened, but March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3407 our very fiscal integrity and our entire fare reform, is so important to the good way to spend the hard-earned society and the survival of that society American people. money of the American taxpayers. is being threatened by a system which Mr. HAYWORTH. I thank the gen- So what the GOP welfare bill does is, threatens to bankrupt this, the tleman from Pennsylvania [Mr. FOX], first, consolidate for cash welfare pro- grandest of all republics, and which and indeed I thank the esteemed chair- grams, including AFDC and the JOBS threatens to change the very core of man of the Rules Committee for again Program, into one block grant. The our existence. outlining the Rules of this House and idea again being that people on the Some history is in order. Despite the indeed our Speaker pro tempore to- frontlines, in the city, States, and comments of my good friend from New night for enforcing those Rules. towns know best how to spend that York earlier, the fact is that govern- It is important to remember that we money, know best how to attack those ment at all levels has spent in excess of are a society of laws in this body. We problems, lets in the redundancy and $5 trillion trying to eradicate poverty. are a society that follows rules. And it allows these great laboratories of de- And as the gentleman from Pennsylva- is worth noting that the Rules of this mocracy to do what they do best. nia showed us, we have this poverty House in this new majority are far Indeed, we have seen pilot programs paradox, where the more we spend on more open than anything offered dur- in Wisconsin and in Michigan and we poverty it seems, the numbers of the ing the previous 40 years of one party see other States like my home State of poor increase. It is an incredible para- rule by the new minority. Arizona and the great State of North dox. I mentioned earlier the tale of the Carolina working to enact workfare I see our friend the chairman of the numbers. Would that it were only a programs working on these problems Committee on Rules is prepared with a fairy tale. Would that these numbers on the frontline. That is where we are statement now. I would gladly yield were not reflected in cold, hard facts. talking about. Consolidate these pro- time to the gentleman from upstate But it is time for straight talk with grams into one block grant and allow New York. the American people. this battle to be fought more effec- Mr. SOLOMON. I think the appro- I refer to the fact that in the last 30 tively at the State and local level. priateness would be for the gentleman years we have spent at all levels of gov- Our new majority welfare bill also re- in the well to yield time. Mr. FOX of Pennsylvania. We both ernment in excess of $5 trillion to try quires recipients to work with 2 years yield to you, our senior Committee on and eradicate poverty. We have failed and leave the cash welfare rolls after 5 Rules chairman. miserably, and it is fair to ask the years. Again, it is this notion, Mr. Mr. SOLOMON. Mr. Speaker, let me question why. Why have these pro- Speaker, what is reasonable? Is it rea- commend both the gentlemen for tak- grams, perhaps so noble in their intent, sonable to expect in a free economy ing this special order this evening. It is failed so abysmally? where we look day after day at classi- so terribly, terribly important. I could No. In stark contrast to what the fied advertisements in a variety of pub- not help but listening to my associate preceding gentleman from New York lications touting the facts that jobs are from New York City speak before, and [Mr. OWENS] said, it is not a vendetta. available, is it fair or reasonable to he used the word compassion, and that It is not some demonization of one allow someone to become a prisoner of we have to spend money on people to group of Americans. It is not our in- this failed system? be compassionate. tent to set one group of Americans No, we need to offer a way out, and Well, I would just go back and say against another group of Americans. indeed we need to offer incentive to what I said the other day when we had The gentleman himself said welfare re- leave the welfare rolls and get involved the rescission package on the floor. form is needed. in work. And that is what our plan does What is compassionate about piling Well, as my friend, the gentleman by requiring recipients to work within $4.5 trillion in debt on our children and from Pennsylvania [Mr. FOX], will at- 2 years and to leave the cash welfare grandchildren? What is compassionate test, Mr. Speaker, the debate in coming rolls after 5 years. about President Clinton’s new propos- days the rest of this week will articu- Our plan requires 50 percent of single als that offer the next 5 years to add late how we are prepared to make adult welfare recipients to work no less another $1 trillion to that $4.5 trillion changes. than 35 hours by the year 2003, a grad- debt, thereby increasing the amount of Marvin Olasky has offered a new ual program, not draconian but estab- interest that we have to pay to just book, entitled ‘‘The Tragedy of Amer- lishing clear guidelines in a period of support that accumulated debt? What ican Compassion.’’ And the Rules time, altogether modest to allow these is compassionate about that? And what chairman referred to it just a moment reforms to take place. is compassionate about a welfare pro- ago when he talked about the true It requires 90 percent of two-parent gram that we have been on now for 20 meaning of compassion. families to have one adult work no less years which breeds second and third What is compassionate about a sys- than 35 hours a week by 1998. In a 3- and fourth year welfare recipients? tem that leaves to our children and to year period, a chance to get that done. Those people want to get off welfare, generations yet unborn a debt of un- And we define work as real, private- and they need to do it with what we are told trillions that they will have to sector jobs with concurrent education planning here today. That is why I am service, that they will have to pay off? and training permitted. In other words, so proud of you two for taking this spe- In the past, it was in grand American it is not the role of our society or our cial order this evening. I wish you well. fashion, no matter if you hailed from government to provide make-work. We In the meantime, I have got the rule the inner city or from rural America, want to grow this economy and allow which will bring the most significant that you would pay off the mortgage people to find work in the private sec- comprehensive welfare reform that has and leave a home for the children or tor. ever been brought to this House, we leave a farm for the next generation. Now, in jobless areas it is worth not- will bring on this floor tomorrow. We have reversed the process under the ing, areas plagued by chronic unem- I thank you two gentlemen, and the guardians of the old order. We have ba- ployment, indeed many of the areas best of luck to you. I salute you. sically enjoyed the fruits of the farm that our friend from the other side of Mr. FOX of Pennsylvania. Chairman and the fruits of the homes and left the the aisle mentioned and championed, SOLOMON, we look forward to lively de- mortgage for our children to pay. we allow work to be defined as sub- bate tomorrow, moving on to welfare So your new majority in Congress, sidized work, community work or on- reform with your leadership. We appre- Mr. Speaker, has advanced some sig- the-job training. So we do provide for ciate what you have done to work over- nificant reforms. Let me delineate those areas where there is chronic un- time on this proposal. them for you right now. employment. We do provide every I would now like to yield back to let Part of the problem has been that we American with the opportunity, the my colleague and good friend from Ari- continue to allow Federal programs to dignity and responsibility of work. zona [Mr. HAYWORTH] continue your grow like topsy. We have programs We bar Federal cash to unwed par- discussion on the important reasons that are duplicative, that are redun- ents. Let me repeat this: We bar Fed- why welfare reform, meaningful wel- dant and that, quite frankly, are not a eral cash to unwed parents under 18. H 3408 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Now, let us emphasize what will tran- There is no doubt that many of our Nation's with too little success. It is time for a fun- spire here. Because lost in the debate, poor will suffer under this proposal. Almost 70 damental change. with so many members of the liberal percent of the individuals currently receiving Instead of strengthening families and instill- media failing to articulate and empha- benefits, or 9.7 million people, are children. ing personal responsibility, the system penal- size this point, while we bar Federal According to the Department of Health and izes two-parent families, and lets too many ab- cash payments to unwed parents under Human Services, it is estimated that more sent parents who owe child support off the the age of 18, this plan will still allow than 6 million children would lose their finan- hook. for noncash benefits. cial support under this proposal. It is both Instead of promoting self-sufficiency, the Indeed, I refer to Marvin Olasky’s cowardly and unconscionable to hurt the most culture of welfare offices creates an expecta- book, ‘‘The Tragedy of American Com- vulnerable people in our population. Yet this is tion of dependence. passion,’’ where he chronicles where the very consequence of this plan. Our society cannotÐand should notÐafford our society has changed from a caring H.R. 4 jeopardizes the health and well-being a social welfare system without obligations. In- society to a caretaking society. of children by making devastating assaults on dividualsÐnot the taxpayersÐshould be pro- And I think it is so important to em- many of our Nation's existing food assistance viding for their own families. It is long past phasize that, again, we do not seek to programs. Programs such as WIC and the time to ``end welfare as we know it.'' demonize or starve or deprive anyone School Breakfast and Lunch Programs would We need to move beyond political rhetoric, who is truly needy. But what we be- be consolidated into a State block grant, dra- and offer a simple compact that provides peo- lieve, as we have taken a look at the matically decreasing the funding available to ple more opportunity in return for more re- failed system, that we ought to be able these programs. It is estimated that in only 5 sponsibility. to provide in-kind benefits to those years, in the year 2000, 2.2 million American I have a few commonsense criteria which who deserve them, noncash benefits in children will lose the benefit of a school lunch. any welfare plan must meet to get my vote: It the forms of staples and those mate- In the State of Ohio, an average of 856,514 must require all able-bodied recipients to work rials vital for life itself to those, but children eat a school lunch each day. Under for their benefits; it must require teenage we do cut out cash payments to young- the Personal Responsibility Act, 85,600 of mothers to live at home or other supervised sters. In other words, we don’t have the these children will be dropped from this pro- setting; it must create a child support enforce- Federal Government giving money to gram by the year 2000. In addition, this bill ment system with teeth so that deadbeat par- children who continue to have more eliminates a national nutritional standard which ents support their children; it must establish a time limit so that welfare benefits are only a children. could ultimately mean 50 different nutritional temporary means of support; it must be tough We would bar additional Federal cash standardsÐa situation which would be cha- on those who have defrauded the systemÐbut for additional children born while the otic. not on innocent children; and it must give mother is on cash welfare. Why is that As set forth in the Personal Responsibility States flexibility to shape their welfare system important? Again, because under this Act, States would be allowed to cut off all to their needs, while upholding the important failed system what we have done in our AFDC benefits after 2 cumulative years of re- national objectives I have just listed. society by any fair and objective meas- ceiving AFDC if the parent had participated in The Republican bill fails to meet these cri- ure is that we have subsidized illegit- a work program for 1 year. After 5 years, teria. The Republican bill is weak on work. It imacy to the point that one out of States would be required to terminate both fi- requires only 4 percent participation in fiscal every three children is born out of wed- nancial assistance and the work program. It year 1996, far below the current rate estab- lock. concerns me that this provision does not take lished under the 1988 Family Support Act. It is My constituents of the Sixth District into account those individuals who earnestly outrageous that any new work requirement of Arizona and others I have talked to attempt, but are unable to find jobs. In addi- would fall below current law. throughout this country point to ille- tion, the plan makes very limited exemptions Moreover, under the Republican bill, States gitimacy as one of the factors, if not or waivers for the 20 percent of mothers on can count any kind of caseload reduction to- the key factor, that can totally under- AFDC with a temporary disability, or the 8 per- ward their work participation rate, whether mine our society. So we move to cent who are caring for a disabled child. those people are actually working or not. In no change a failed policy that gives im- In fact, this plan also slashes funding for way does this practice make recipients re- proper incentives to the increase in il- child care services by $1.7 billion over the sponsible, or contribute to a change in their legitimacy. next 5 years. Therefore, a person working to behavior. We would bar cash to unwed mothers stay off of welfare would find themselves in The Republican bill denies benefits to chil- who refuse to cooperate in establishing the unenviable position of leaving their chil- dren of mothers under 18. a child’s paternity. Because we under- dren home alone or in inadequate settings. We must make parentsÐall parentsÐre- stand in our society that we have Without the ability to pay for child care, low- sponsible for taking care of their own children. rights and we have responsibilities, and income working families may find themselves But denying children support is not the best it is time for the fathers of this coun- returning to welfare. way to do that. Instead, teenagers should be try to, if they are willing to father a H.R. 4 unfairly punishes children and their required to demonstrate responsibility by living child, to go through that biological ac- families simply because they are poor. In my at home and staying in school in order to re- tion, to indeed take responsibility for community, we have a 20-percent poverty rate ceive assistance. the paternity of that child. in a county of 1.4 million people. More than In order for welfare to be truly reformed, it Mr. STOKES. Mr. Chairman, I rise today to 228,000 people are recipients of food stamps must send a clear message to all Americans: express my strong opposition to H.R. 4 the and more than 137,000 rely on aid to families you should not become a parent until you are Personal Responsibility Act. I believe that this with dependent children. The average house- able to provide and care for your child. Having piece of legislation is fatally flawed, and, if en- hold of three on public assistance receives a child is an immense lifelong responsibility. acted, would shatter the lives of millions of our $341 per month, or $4,021 per year from the Only those capable of and committed to shoul- Nation's poor. Government. This punitive measure will un- dering the responsibility of parenthood should I believe there is general consensus that the doubtedly endanger their health and well- have children. goal of welfare reform is to move individuals being. The Republican bill is tougher on children out of dependency and into self-sufficiency. Mr. Chairman, the pledge to end welfare as than it is on the deadbeat dads who leave However, in order to achieve this goal, it is we now know it is not a mandate to act irre- them behind. The Republicans waited until the vital that the enacted proposal be both cost ef- sponsibly and without compassion and destroy last moment to put child support enforcement fective and compassionate to the needs of our the lives of people, who, through no fault of provisions in their billÐand then removed the Nation's low-income individuals. In addition, their own, are in need of assistance. On be- teeth that can bring in more than $2.5 billionÐ the proposal must effectively address the half of America's children and the poor, I urge over 10 yearsÐfor kids. The driver's and pro- issue of job training to get people off of wel- my colleagues to vote against H.R. 4. fessional license revocation provision they de- fare and into meaningful work. The Personal Mr. HOYER. Mr. Chairman, the current wel- leted would save taxpayers $146 millionÐover Responsibility Act thoroughly fails in these fare system is at odds with the core values 5 yearsÐwhile creating a better life for chil- areas and is a cruel and callous attempt to Americans share: work, opportunity, family, dren. eliminate the most basic income support for and responsibility. And too many people who Instead of attacking deadbeats, the Repub- desperately needy children and their families. hate being on welfare are trying to escape itÐ lican bill attacks children. It eliminates the March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3409 guarantee that every child in this country has dren. Yet that is exactly what the majority's are the losers in this debate. Under the Re- at least one good meal a day. Despite rhetoric welfare reform plan would do. H.R. 4 would publican proposal, 131,000 children in Massa- to the contrary, the Republican bill cuts spend- terminate current child welfare programs, in- chusetts would lose Federal assistance. ing for child nutrition programs $7 billion below cluding the child abuse prevention and treat- 400,000 children nationwide would lose child the funding that would be provided by current ment program, and the adoption assistance care assistance, and thousands more would law. The Democratic deficit-reduction amend- program, and replace them with a new State no longer be guaranteed a nutritious meal. ment was ruled out of order in committee so block grant at drastically reduced funding. The The Republican proposal punishes children that kids' food money could be used for tax School Lunch Program would also be elimi- and babies. cuts for the rich. nated and replaced by a block grant. No In order to make the transition from work to The Republican bill also changes the child longer would a hungry child be entitled to a welfare a reality, we need to provide job train- nutrition funding formula to redistribute re- nutritious school lunch, often the only decent ing, affordable and safe child care, and most sources away from relatively poorer States to meal they receive all day. of all we need to create jobs. The Democratic relatively wealthier ones. Funding for the Unfortunately, under the Republican welfare alternatives give the American people what Women, Infants and Children Program is also plan, punishing our children for the unfortunate reduced compared to current lawÐand provi- circumstances or unacceptable behavior of they wantÐan aggressive proposal that re- sions requiring competitive bidding on baby their parents goes much further than denying quires parents to work, but protects our Na- formula have been removed. That decision a child a hot meal or failing to protect them tion's children. alone will take $1 billion of food out of the from abuse. H.R. 4 would deny benefits to Mr. STARK. Mr. Chairman, the Personal mouths of children each year, and put the children born out of wedlock to teenage moth- Responsibility Act is a disheartening, empty money in the pockets of big business. ers, and limit benefits to mothers who have charade. It does very little to foster personal This simply defies common sense. No one additional children while receiving Federal as- economic independence and virtually nothing in America could possibly argue that this is re- sistance. to reform a welfare system that is in serious form. Illegitimacy is perhaps the most devastating need of repair. The Republican bill simply Our foster care system, already overloaded, social and moral dilemma confronting our Na- passes the buck to the States. We should call is also under siege. In committee, Mr. tion. Yet turning our backs on the real victims this legislation the Government Responsibility MCCRERY stated that, ``If a woman just can't of this problem, the children, is a cruel and Abdication Act, because all this bill does is to find or keep a job, she will have the option to simplistic solution that seems to be based drop the responsibilities of the Federal Gov- give her children up for adoption, place them more on an effort to save money than to ernment and to push poor people off a cliff. By in a group setting or foster care.'' Adoption change behavior. drastically reducing some benefits and elimi- and foster care services are failing our chil- Mr. Chairman, we can require parents to act nating others, this legislation creates a gaping dren. At a time when the need for foster care, responsibly and become self-sufficient without hole in the safety net we provide for our need- group homes, and adoption is likely to rise abandoning our children. Sadly, H.R. 4 takes iest citizens. dramatically, the Republican welfare plan a radically different approach and will result in The Personal Responsibility Act misses the would cut Federal support for foster care and untold pain for our children while creating un- major point that any welfare reform should ad- adoption by $4 billion over 5 years. desirable incentives for teenagers and moth- dressÐwork. My Republican colleagues claim We can do better. We must do better. This ers on welfare who become pregnant. that they make people work under their bill. week, Democrats will offer NATHAN DEAL's bill New York's Cardinal John O'Connor re- as a substitute, which reinforces the family cently said the welfare plan proposed in the They claim that States are required to have 50 values all Americans share. It requires and re- Republican Contract With America is immoral percent of one-parent welfare families and 90 wards work over welfare. It makes the point in its virtually inevitable consequences. percent of two-parent families in work pro- that people should not have children until they Mr. Chairman, children in poverty are not a grams by 1998. But what they do not tell us are ready to support them. It gives people ac- burden on our society; they are the future of is that caseload reductions count toward this cess to the skills they need, and expects work our Nation. We can end welfare as we know work requirement. So States can simply do in return. It does not wage war on America's it, But we do not have to condemn poor chil- nothing for 2 years, cut families off, and claim children. Most importantly, it is a common- dren to do it. I urge my colleagues to defeat that they have put people to work. That is sense approach, which gives back the dignity this legislation. weak on work and tough on kids. that comes with work, personal responsibility, Mr. MOAKLEY. Mr. Chairman, I rise in op- Perhaps the cruelest and most disappointing and independence. position to the Republican's welfare reform aspect of this legislation is that it actually pun- Mr. Chairman, I rise in opposition to H.R. 4, legislation, entitled, the ``Personal Responsibil- ishes those children who, through no fault of the Personal Responsibility Act. ity Act of 1995.'' their own, are born poor. The bill punishes a Mr. Chairman, I strongly support honest and I don't support the status quo. I fully believe childÐfor his entire childhoodÐfor the sin of meaningful welfare reform that gives poor un- that our welfare system needs to be changed. being born to a family on welfare. employed Americans a real opportunity to But, the Republican proposal is not strong A child is also punished under this bill if he work and provide for themselves and their enough in terms of work. or she happens to be born to a young parent families. All welfare recipients should be given Under the Republican bill, individuals can out-of-wedlock. Although I believe we should the opportunity to work; those who fail to seize receive welfare benefits for 2 years without do everything reasonable to discourage teen- that opportunity should not be rewarded with meeting any work requirements. I don't know agers from having out of wedlock children, this limitless governmental assistance. about my Republican colleagues, but my vot- bill is not reasonable. It denies cash benefits Mr. Chairman, moving recipients off of the ers didn't send me to Washington to write a to teenage mothers at a time when both the welfare rolls and onto a payroll means more blank check to anybody. But this Republican mother and child need support most. There is than just handing them a copy of the help proposal does just that. It gives billions of dol- no evidence to suggest that teenagers get wanted pages from the local newspaper. Gov- lars to States without requiring that any of that ernment, working with the private sector which money be used to put more people back to pregnant in order to collect welfare or that has a real stake in expanding the pool of work. families on welfare have more children in skilled labor, needs to provide education, job Meaningful welfare reform can not be order to collect more welfare benefits. training and child care if we are to be suc- achieved unless we move more people from The most direct and sensible way to de- cessful in helping welfare recipients become welfare to work. Democratic proposals encour- crease out-of-wedlock pregnancies, and all un- productive gainfully employed citizens. age people to take care of themselves imme- intended pregnancies, is to make sure that Mr. Chairman, I agree with President Clinton diatelyÐnot 2 years later. From the day one, family planning services are available to all and many of my colleagues in the majority AFDC recipients would have to prepare for who want them. But the welfare bill does noth- that argue we must end welfare as we know work and aggressively look for a job. Anyone ing to make voluntarily family planning more it. We must reform a welfare system that has who turns down a job would be denied bene- available or accessible. trapped millions in a cruel cycle of depend- fits. The Democratic proposals are tough on Instead of offering our children a helping ency and despair. work, but promote self-sufficiency, not depend- hand, this legislation introduces them to the However, ending welfare as we know it ency. harshest realities of life before they are able or does not mean we should completely disman- I am opposed to the Republican welfare prepared to cope. Reform of the welfare sys- tle the safety net programs that protect our proposal because it is weak on work and re- tem should concentrate on healing families, Nation's most vulnerable population: our chil- sponsibility and tough on children. Children not tearing them apart. H 3410 CONGRESSIONAL RECORD — HOUSE March 21, 1995 Without jobs, money, shelter or other assist- matic as to believe there will not be make cash welfare recipients go to ance, dignity and hope is replaced with des- rolling readjustments in our economy, work after 2 years. Some States will peration and anger. This bill promotes a cli- part of a free society from time to choose a more stringent requirement. I mate of social unrest and violence. The Per- time, people encounter tough times, know the great Commonwealth of Vir- sonal Responsibility Act does what a respon- and we are willing to understand and ginia has taken an action to actually sible government should never do: it takes a deal with that. offer less time. But that is the option difficult problem and makes it worse. There is We allow States to set up their own of the State and indeed is that not no doubt that our current welfare system rainy day funds and pocket any savings truly federalism in action? needs reform. But the Republican bill replaces over 120 percent of their annual grant After 5 years, recipients would face a cruel system with a mean-spirited system. amount. We set aside $100 million a the ultimate work requirement and Welfare reform should not punish deserving year in a fund to ease pressures on that would be the end of all cash wel- residents and innocent children and must not States with rapid population growth. fare. We require States to have 50 per- take away the last vestiges of assistance that Indeed, the great State of Arizona and cent of adults in one-parent welfare our Government provides. my own Sixth District is experiencing families, that is about 2.5 million fami- Mr. EVANS. Mr. Chairman, in their zeal to rapid population growth. This plan lies, working by the year 2003. We re- balance the Federal budget, the new majority again accommodates those changes in quire States to have 90 percent of two- will be forcing working Americans to make our society. We will save untold bil- parent families working by 1998. We de- sacrifices to cut the deficit. Sacrifices for a lions of dollars over 5 years as opposed fine real work with only a few limited debt they did not create. Sacrifices that will cut to the current system. exceptions as real private sector work their hard-earned benefits. And sacrifices that Mr. FOX of Pennsylvania. There are for pay. States that do not meet these questions the press has asked and I just will threaten their future standard of living and standards would lose part of their thought there is a myth out there that that of their children. block grant. That is truly being tough possibly the gentleman could explain While these cuts focus on supposed govern- on work. That is truly workfare and and frankly let people know it is incor- ment waste, one thing has been ignored; Gov- not welfare. rect. ernment giveaways or the $200 billion in cor- Mr. RIGGS. Would the gentleman porate welfare we let big business and foreign There is a myth that your pro-family provisions that we have in our welfare from Pennsylvania yield? multinationals pocket each year in the form of Mr. FOX of Pennsylvania. I yield to tax loopholes and shelters. reform proposal will be cruel to chil- dren. How do you answer that? the gentleman from California. It strains belief that we can even start to talk Mr. RIGGS. I thank the gentleman about sacrifice to middle class Americans who Mr. HAYWORTH. As the gentleman for his leadership in organizing this have seen their earning power decrease, from Pennsylvania knows and as I am very important special order tonight as when industry is not doing its fair share to- glad to articulate here on the floor of we prepare to enter day two of what I wards reducing the deficit. We must do better. the U.S. House tonight, I think by any think is probably the single most im- Today, I am introducing the Corporate Wel- objective standard, even the standards portant debate that will take place on fare Reduction Act of 1995. The bill will close set by our friends on the other side of the floor of this House in the 104th ses- a number of loopholes that provide unfair tax the aisle, the yeah-buts, the people who sion of Congress. But before we leave breaks for multinationals and foreign corpora- say, ‘‘Yeah, we need welfare reform the subject of children, I simply want tions. For example, the bill would eliminate the but,’’ it is important to remember this. to point out that since it seems like following provisions that: It is the current system that hurts really the ammunition from our oppo- Allow multinationals to use excess foreign children, because the current system tax credits generated by foreign operations to encourages self-destructive behavior, it nents is primarily focused on what our offset U.S. income tax under the so-called encourages dependency, it encourages plan might do to children, so let me ``title passage rule''. out-of-wedlock births. Our bill does not point out that cash benefits going for Exempt foreign investors from paying U.S. end assistance to children. Let me re- drugs, generation after generation of tax on the interest they receive from U.S. bor- peat that for the mythmakers on the dependency, children having children rowing. other side of the aisle who would try to and children killing children, nothing Allow multinational oil and gas companies to gain unfair partisan advantage by could be more cruel to our kids than claim foreign tax credits for some of the ordi- wielding a campaign of fear unparal- the current failed welfare system. nary costs of doing business in foreign coun- leled in our society, our bill does not, Some statistics to back up what I am tries. does not end assistance to children. It saying here, 70 percent of juvenile Enable multinationals to hide behind alleged only terminates cash assistance. delinquents in State reform institu- restrictions in local law in order to avoid com- No responsible parent would reward tions lived in single-parent homes or plying with transfer pricing rules. an irresponsible child with cash pay- with someone other than their natural Allow multinationals to profit from the ex- ments and an apartment. No respon- parents before being incarcerated. Here emption from U.S. tax of their employees' for- sible employer would give workers a is the really staggering statistic. Chil- eign earned income regardless of whether or raise simply because they have addi- dren born out of wedlock are 3 times not that income is subject to foreign tax. tional children. If people in the private more likely to end up on welfare them- Exempt foreign investors from paying capital sector, who care about the quality of selves when they grow up than children gains tax from the sale of the stock in U.S. work being done, who care about the born to married parents. corporations. future of their children, who seek to in- Clearly the system that we have in The savings from these provisions will then still responsibility and responsible ac- place today has been a monumental be applied to reducing the deficit, with a small tions, if private businesses will not do failure and a very cruel, cruel, almost portion going to export promotion programs for those things, the taxpayers of this inhumane system in terms of how it small and medium-sized U.S. businesses. country who work from January 1 on treats the children entrapped in wel- I urge my colleagues to join me in sponsor- through now almost 6 months of the fare dependency and entrapped in the ing this legislation and put an end to handouts year paying off their burdensome poverty that welfare dependency and for big business and foreign corporations. taxes, those taxpayers who work hard entrapped in the poverty that welfare for their money should not be asked to dependency generates. b 2310 do those things, either. Mr. FOX of Pennsylvania. The gen- We offer a funding bonus of up to 10 Mr. FOX of Pennsylvania. What tleman from California [Mr. RIGGS] is percent for States that reduce out-of- about this further myth that has been absolutely right. Your point it well- wedlock births. We provide level fund- propagated about the fact that this bill taken and your leadership is appre- ing of $15.4 billion a year for 5 years. is not strong enough on work require- ciated in trying to move what is truly We create a $1 billion Federal rainy ments? What do you say to that? pro-people welfare reform in this House day borrowing fund for recessions or Mr. HAYWORTH. I think the record forward. emergencies. In other words, we are will show as the debate continues, our I would like to ask if I may another not so dogmatic as to believe there will work requirements are very, very question back to the gentleman from not be emergencies, we are not so dog- tough on work. We require States to Arizona [Mr. HAYWORTH]. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3411 Repealing the entitlement to individ- rainy day fund which they would have It is equally clear that as we look at uals has been said by those on the to repay with interest. a streamlined welfare system, a wel- other side of the aisle will cause misery But finally the bill lets the States fare system that allows us to achieve and a recession. How do you respond to shift 30 percent of other block grants, real reform, a welfare system that al- that? and this is something the other side lows us to help move people from wel- Mr. HAYWORTH. Again the current has chosen to demonize, when in fact it fare to work, a welfare system that, system, and this is the irony. As the really goes to help children and it real- yes, through dramatic reform and over- gentleman from California mentioned ly goes to help families who are look- haul will contribute to our overall goal and as indeed our good friend the gen- ing for a hand up and a helping hand of reducing the deficit and ultimately tleman from Oklahoma [Mr. WATTS] instead of a handout, it offers 20 per- balancing the budget, that that welfare mentions, the current system rewards cent of the nutrition block grant into system cannot provide welfare benefits the block grant and vice versa. It real- States for having additional people on to aliens. ly is the ultimate in flexibility. cash welfare. In other words, under this So what we have attempted to do in not only bankrupt system financially Indeed, and that is the other side of the nutrition issue, if I could digress the Economic and Educational Oppor- but I would call it a morally bankrupt tunities Committee on which I serve is system, we gauge its success by the for a second, when the other side talks about block grants being inherently come up with a provision that we think numbers of people we can add to the evil and how 20 percent of those grants will reflect what Americans think and rolls. could be moved to other areas, that 20 feel on the subject of welfare benefits Now think about this. Under a block percent provision is custom-made for for aliens, both legal and illegal. grant, States will have a built-in incen- this opportunity, not to starve children So I want to take a moment because tive to move people off the cash wel- but ensure that their families who may we are going to hear the argument, in fare rolls and into jobs. And block- be encountering tough times have the fact, it came up today, that we on our granting will give them the flexibility economic wherewithal to survive those side of the aisle are engaged in puni- to do so. times. tive, almost un-American activities in If you doubt it, I would commend, that we do want to restrict benefits Mr. Speaker, our friends on the other b 2320 for, particularly for illegal aliens and side and indeed all the American peo- We offer the ultimate in flexibility, that we are engaged in a not-so-subtle ple to look to States like Wisconsin and I might add nothing in any act we form of immigrant bashing. and Michigan where they are working have proposed restricts States from of- I want to respond to that. I said ear- hard to implement real change in the fering more of their resources gained lier today on the floor that we are not welfare system. So what we need is to either through income tax in some bashing immigrants. We are giving unleash the creative power of States States or other revenue-accruing mech- strength to the longstanding Federal and localities to deal with this prob- anisms in those States from offering policy that welfare should not be some lem. even more money for nutrition pro- sort of magnet for immigrants, legal or Additionally the bill creates, and this grams or for helping the truly needy in illegal. We should be putting out the is worth noting for our friends who those respective States. choose to deionize or mischaracterize Mr. FOX. I want to underscore what welcome mat for those who want to our plans, let us repeat this. The bill the gentleman from Arizona [Mr. enter our country legally, who want to creates a $1 billion Federal rainy day HAYWORTH] just said and what Con- go through the process of establishing borrowing fund for recessions or emer- gressman RIGGS has pointed out on the residency and ultimately achieving gencies, and it allows States to set up floor many times, and the fact is under citizenship. their own rainy day funds and pocket our compassionate welfare reform we But, on the same hand, we should not any savings over 120 percent of their are actually going to serve more people be encouraging through some sort of annual grant amount. That is a power- with less administrative costs and perverse incentive in the welfare sys- ful incentive for those respective more money for direct services, and I tem the hordes of illegal immigration States to save up voluntarily for a think that is the bottom line. that those of us who hail from and rep- rainy day, or given the current level of I would like to yield, if I could at this resent border States such as myself government spending if we do not cur- time, to Congressman RIGGS to discuss and the gentleman from Arizona have tail it, the inevitable recession that not only with the American people, been seeing firsthand for several years. will result. with us in a colloquy, about the alien Again, that is what really prompted Mr. FOX of Pennsylvania. Let me ask welfare eligibility program, the food the overwhelming response by Califor- this further question. Your State is stamp reform, the child care block nia voters when they approved Prop 187 grants, and the SSI reform. growing and many other States are as in California by a vote of nearly two- I know that you have done a great well. thirds to one-third. deal of work on this area, and I know How would you make sure the block So what we are trying to do to elimi- your constituents from California ap- grants will adjust for shifts in popu- nate the magnet for immigrants is preciate the fact that you have sen- lation, because the ladies and gentle- take four simple steps to reform wel- sibly provided the leadership necessary fare in this whole area. One, we pro- men on the other side of the aisle to move this debate forward so we can would have the public believe a mis- hibit legal aliens from participation in help everybody. the big five magnet programs. And conception that in fact the block Mr. RIGGS. Well, I thank the gen- they are cash welfare that the gen- grants that we are proposing will allow tleman from Pennsylvania for yielding. tleman from Arizona was talking about for such shifts? And, obviously, the whole issue of just a moment ago, food stamps that Mr. HAYWORTH. I think it is worth alien welfare is very important to Cali- noting that our legislation creates a fornians, particularly those who voted we are going to talk about in just a few $400 million fund to help ease pressures last November for proposition 187, minutes, Medicaid, Title 20, and the in States with high population growth. which would have imposed a flat prohi- SSI program. It permits States to save unlimited bition on the providing of social wel- And, frankly, the SSI program has amounts of cash from their block grant fare services to illegal immigrants. been one of the areas that has been in the State rainy day fund for reces- And, unfortunately, the statewide bal- most egregiously abused by any num- sions and emergencies, amounts in the lot initiative is now tied up in the Fed- ber of welfare recipients from legal rainy day fund in excess of 120 percent eral courts pending some sort of adju- aliens to children. of the State’s annual block grant dication. I also should point out that we amount can be shifted into that Stat’s But it is very clear, just talking to talked a moment ago about AFDC, general fund. That is another incentive voters and looking at the election re- cash welfare payments, and we have to move welfare recipients into jobs. sults in California, that California vot- not done a good job to date in bringing Then again the bill also lets States ers are saying we need to put our own out in this debate that citizen children borrow from a billion-dollar Federal citizens first. or so-called citizen children, children H 3412 CONGRESSIONAL RECORD — HOUSE March 21, 1995 of illegal immigrants who are born b 2330 have put a tremendous drain on the here in this country and who thereby So I took that opportunity to ask Treasury of border States and, in the immediately become American citi- him his feelings on proposition 187, and broadest sense, the Treasury of the zens, are the fastest growing group of he looked me right in the eye and said Federal Government through again AFDC recipients in America today. that he was very much in favor of prop- these waves of illegal immigration that So what we want to do is go back to osition 187. He was in favor of cutting have been invading our shores. the idea of sponsorship. We want to off social welfare benefits for illegal Mr. FOX of Pennsylvania. I believe make the alien’s sponsor financially immigrants, because he expected them that, based on what I heard from the responsible for the support of that to do it the right way, the legal way, gentleman from Arizona [Mr. alien. the hard way, just as he had in qualify- HAYWORTH] and the gentleman from We would require an affidavit of fi- ing for American citizenship. California [Mr. RIGGS], it seems clear nancial support that would be legally So that is the message that we are to me what you have reached in your binding and in fact would be enforce- sending here, and we are clearly stat- committee is a compassionate balance able in court proceedings. We apply, ing to our fellow citizens that we really between those who are in fact legally this is an interesting fact. We apply are going to put the rights and the here and deserve to have certain bene- the existing deeming rule to all Fed- needs of American citizens first. fits and those who are illegal and who eral means-tested programs so that in Mr. HAYWORTH. If the gentleman frankly the restrictions are appro- these programs the income of an alien will yield, I just think it is very impor- priate and fair. sponsor is deemed to be the alien’s in- tant to take to heart the real-life expe- Mr. RIGGS. That is exactly the case, come when determining welfare eligi- rience of our friend from California and and we are again making a very blunt bility. say that it is shared by so many immi- statement here, make no mistake And, lastly, we authorize Federal and grants who came in our open door, about it. This action in this legislation State authorities for the first time in came into this country in a legal, or- puts the House of Representatives history to go after deadbeat sponsors. derly fashion, and it is not our intent firmly on record in two respects. One, Thus, if you look carefully at our to harm those who would immigrate to we obviously, by denying any welfare welfare reform proposal in the area of these shores legally but those who benefits at all to illegal immigrants, welfare benefits for aliens, we are actu- would come in through surreptitious set a strict policy and a very clear ally strengthening our current immi- means, those who would come here to standard for our country. We are, in gration policy, and we are not bashing enjoy the fruits of the labor of Amer- fact, drawing a line. anyone. That is not our intent. ican taxpayers without being involved And, secondly, we are sending a mes- Now, there are also those who say, in the system in stark contrast to the sage that Federal immigration policy well, if you cut off welfare benefits en- fine example so many legal aliens set needs to be revisited and reformed, and tirely to illegal immigrants, we will for us, whether they are immigrants the reason that I am so strongly in have children, the children of those il- from immediately south of our border favor of these revised and stringent legal immigrants or the children in who come here legally or so many folks alien welfare eligibility standards is those families, literally dying on our who have immigrated here from Asia that with respect to legal immigration streets. And nothing could be further and from Europe, so many people from we are putting responsibility back from the truth. We allow both legal throughout this world who have come where it belongs. We are putting the and illegal aliens access to noncash, in- here legally seeking a better life and responsibility back on the shoulders of kind emergency services. true freedom for their families. No one sponsors. We are telling the people who That is, in effect, the case today in denies those who would come here le- sponsor those legal immigrants into our emergency rooms around the coun- gally an opportunity. But yet as the our country that they will bear a fi- try. So they will have access to emer- gentleman from California mentions, nancial responsibility, and that is as it gency medical services at the State we must take action that is reasonable should be rather than substituting the and Federal levels. And no alien, legal to stop the flow of those who would Federal taxpayer for those sponsors. or illegal, will go without such human- reach these shores illegally to take ad- So this is a good balanced com- itarian services as a result of our bill. vantage of a system which we have promise, and I believe it is one that is So as we have attempted to do proven tonight has failed miserably deserving of the support of our col- throughout our welfare reform pack- and lacks the very compassion the leagues, and I would hope and expect age, we are imposing stringent meas- champions of that failed system so that this particular part of the welfare ures. We are sending a signal to those claim extravagantly in their rhetoric. reform package will receive strong bi- who would desire to aspire to emigrate Mr. RIGGS. If the gentleman from partisan support from the House over to our country that they have to come Pennsylvania would yield on one more the next few days. through the door legally. point related to, again, the provisions Mr. FOX of Pennsylvania. I believe You know, just an anecdote from last in our package dealing with alien wel- that it will, and I would ask that, if we fall’s election campaign. fare eligibility, I should also point out could, for the purposes of making sure I was out actually precinct walking that we had considerable discussion the Members of the House are aware of one day in my congressional district, and even some controversy within the the further reforms, could we talk and this was right at the peak of the ranks of House Republicans as to about how the food stamp reform pro- controversy and the furor over propo- whether to deny legal aliens federally posal is actually going to make sure sition 187. I was walking down the subsidized or Federal taxpayer-paid more benefits get to those in need and street. I heard over my shoulder a gen- welfare benefits. And what we decided we eliminate some of the abuses and tleman calling out to me in broken to do, and the proposal that will be be- the fraud that have existed prior to English with an obvious Hispanic ac- fore the House tomorrow open for now? cent. And I turned around, and he came amendment allows legal aliens to draw Mr. RIGGS. If the gentleman from running down the street. certain limited welfare benefits, but Pennsylvania will yield, I think per- And he was very excited, actually, to only if they have served honorably in haps I should point out to my col- meet me. And so we got into a nice the U.S. military, that is to say, they leagues, and certainly for those viewers conversation. And as I had a chance to are an honorably discharged veteran of who are joining us now, that we do probe a little bit, he was very excited the U.S. military, or they are a natu- have a series of charts that show the that a political candidate had just ralized citizen, and they have begun principal elements of our welfare re- come to his door because he was in his again the process of obtaining Amer- form bill, and what I have put up here fifth and final year of qualifying for ican citizenship. are the highlights of reform to the Fed- American citizenship, and he was over- I wanted to point out we do make a eral food stamp program. joyed at the prospect that he would be distinction between legal aliens who fit Now, many of our fellow Americans able to exercise his franchise as an one or the other of those criteria and know that this particular area of the American citizen and vote in the elec- those again who break the law by en- Federal law is overdue. It is tion. tering our country illegally and who overdoomed, but it is also overdue for March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3413 reform. What we are doing here is obvi- b 2340 look for work, and to really be involved ously we are preserving food stamps as Mr. RIGGS. Well, one of the primary in our great, free market economy, but an entitlement, a direct Federal enti- reforms is the one I talked about where also on the governmental side to tlement, as a part of the Federal safety States can set up an electronic transfer downsize, and I think much of the hue net for the poor, and we do anticipate system. That is to say where food and cry comes from those who quite and make provisions for participation stamp recipients can get credit at a candidly would rather work in the pub- in the program in the overall rolls, the grocery store or, you know, at a loca- lic sector, would rather have these pro- overall number of food stamp recipi- tion where they would be buying food grams duplicated instead of appealing ents to grow in a recession. We do re- stamps, but it would be done again on to what is—makes preeminent common quire able-bodied recipients, age 18 to a more of an electronic transfer basis, sense from my viewpoint and what is 50, without dependents, to work, again, or almost like a credit card, in lieu of just reasonable, and that is to combine as part of our overall workfare ap- food stamps that could be converted for these programs to serve the needy re- proach to reforming the welfare sys- cash or converted for items that again cipients and, again, to cut out exces- tem. would not be essential foodstuffs. That sive governmental waste, and I think We let States deny food stamps to is one of the principal reforms that we that reform is vital to be mentioned. cash welfare recipients who refuse to have acquired here. Mr. FOX of Pennsylvania. Mr. Speak- er, if the gentleman would yield, Con- work. The message is if you are able- Another obvious reform is requiring gressman HAYWORTH, I think you are bodied but unwilling to work or get job able-bodied recipients, again ages 18 through 50 without children, to work in right on target with the message. I training or some form of vocational exchange for their food stamps, and think part of what is important is what skills, then you will be denied benefits then again allowing States to deny the gentleman from California [Mr. altogether. food stamps altogether to those aged 18 RIGGS] spoke about moments ago, goes Another keypoint, we allow States to through 50 who do again not have de- to the work requirement, but it also convert food stamps to cash wage sup- pendent children, but who refuse to carries with it job counseling, job plement for persons who agree to work. work. training and job placement, and, where So what we are doing there is allowing So, there are again stringent stand- necessary, even day care to make sure food stamps to augment the basic wel- ards in the food stamp reform area to that those who really want to work fare grant or the cash welfare grant for cut down on the rampant abuse that we have the opportunity to do work, and, people who agree to work. have experienced with this program after all, everyone wants the right and We allow States to engage in elec- and has been well documented back the opportunity to be all they can be. tronic transfers in lieu of a cash block here in Washington for many years. I would like to turn back, if I could, grant. Mr. FOX of Pennsylvania. I yield to to the gentleman from California [Mr. There are stories that are renowned the gentleman from Arizona [Mr. RIGGS] to explain the kinds of abuses and quite legion about food stamp re- HAYWORTH]. we have had with SSI and where the cipients exchanging their food stamps Mr. HAYWORTH. Mr. Speaker, I program that the Republican majority for all sorts of different items—— thank the gentleman from Pennsylva- has presented tomorrow will help to Mr. FOX of Pennsylvania. Drugs. nia and listened with great interest to solve the problem. Mr. RIGGS. Liquor or drugs, obvi- our friend from California outline Mr. RIGGS. Well, I thank the gen- ously items that go far beyond the many of the reforms. tleman from Pennsylvania [Mr. FOX] basic food supplies or foodstuffs that One other reform that I think is so for yielding because the SSI, the Sup- the food stamps are intended to pro- vital, because again, despite the propa- plemental Security Income Program, vide. We limit cost-of-living adjust- ganda and the labels of mean spirited- has been just rife with abuse for years. ments to 2 percent-per-year, and as a ness about our proposal that the de- I am a little bit embarrassed to result of reform in this area, again, fenders of the tired old system con- admit that one particular abuse, dis- since what we are attempting to do tinue to propagate, I think it is impor- ability payments to drug addicts and here now is through welfare reform and tant also to note that this legislation alcoholics who refuse to get any kind discretionary spending cuts, domestic would harmonize the aid to families of treatment or rehabilitation, that discretionary spending cuts in the Fed- with dependent children and the food particular abuse was highlighted eral budget, is making a significant stamp program, allowing States to use through a 60 Minutes segment that fo- down payment on deficit reduction one set of rules for families applying cused in on actually a local tavern in that will, before the 1996 fiscal year is for food stamps and AFDC, and, by pro- Eureka, CA, in Humboldt County, the viding that one-stop service, would ac- largest county in my congressional dis- out, start our country on the path of tually make the entire process more trict, where the friendly bartender or balancing the Federal budget by the recipient friendly, and it would make tavern keeper was actually cashing year 2002, and the reform to the food the programs more taxpayer friendly these checks for the local residents stamp program will contribute $18.2 by eliminating red tape, and indeed, who had qualified for SSI. billion over 5 years again as part of our when you strip away all the hyperbole So, we are focusing in on ending overall deficit reduction effort. from the arguments and ask, I believe, these glaring abuses, ending disability Mr. FOX of Pennsylvania. I know a fairer question of the other side, why payments to drug addicts and alcohol- that the gentleman from Arizona [Mr. this constant defense of the status quo, ics again who refuse to undergo any HAYWORTH] and I are, on the Govern- we come to understand that in fact the kind of treatment or rehabilitation ment Reform Committee, often talk minority party, many of the liberals in program, who refuse to acknowledge about the problems that you have dis- that party are in fact championing the that they have a problem and need cussed in your committee, Education continuation and the growth of the bu- help, which is the first step on the road and Labor, dealing with the abuses in reaucracy. They are championing the to recovery. the system, where most of the people duplicative type of problems we have We end cash payments for children who receive the benefits of the program had. made eligible through individualized are in need and it is justified and ap- That is all I can really draw from functional assessments, IFAs, another plying for food stamps and compassion their arguments and their opposition, growing abuse of SSI and the overall of the country does what it can. and we are trying to change that, not Federal welfare system. It has become What have we done in the system to out of mean spiritedness, but out of almost common knowledge that one intercede, to make sure that the prob- public spiritedness, the idea being that way to scam the system for families on lems you outline with illegal drugs and even those recipients are entitled to welfare with children is to take them using the food stamp money for alcohol more efficient service, though truly through this process wherein again or other nonnecessities of life, what needy in our society should benefit they are diagnosed as individually—as have we introduced into the system to from a program that will treat them individually impaired or functionally make sure that those kinds of abuses with some dignity, not only inspiring impaired and thereby enable the chil- do not continue? those able-bodied folks to work, and to dren to collect SSI benefits. We make H 3414 CONGRESSIONAL RECORD — HOUSE March 21, 1995 only children with severe medical dis- for their families and who are provid- The SPEAKER pro tempore. Under abilities eligible for disability benefits. ing through charitable sources, and the Speaker’s announced policy of Jan- We provide more SSI medical and also through their tax dollars, for the uary 4, 1995, the gentleman from Penn- nonmedical services to severely dis- truly needy?’’ sylvania [Mr. WELDON] is recognized for abled children. We require States to What we are saying is it is time to 60 minutes as the designee of the mi- conduct continuing disability reviews change the system. And for those who nority leader. every 3 years for most children in- find themselves entrapped in this sys- [Mr. WELDON of Pennsylvania ad- volved in the program, and we set aside tem that would lead to a growing cycle dressed the House. His remarks will ap- $400 million for additional drug treat- of dependency, we are saying take pear hereafter in the Extensions of Re- ment and research to again help those heart. Benefits will remain for the marks.] who want help with their problem and truly needy, but we offer you an oppor- f who, in effect, should be eligible for tunity to truly become involved in this The SPEAKER pro tempore. Under SSI at least during the duration of system, to understand and enjoy the the Speaker’s announced policy of Jan- their treatment and rehabilitation pro- dignity of work and the fruits of your uary 4, 1995, the gentlewoman from gram. labor and to really become involved in Texas [Ms. JACKSON-LEE] is recognized We are not cutting SSI for kids. this grand experiment we know as the for 60 minutes as the designee of the What we are doing, again, is trying to last best hope of mankind. provide more funding for severely dis- minority leader. abled children while protecting tax- b 2350 [Ms. JACKSON-LEE. addressed the payers against the growing abuse of House. Her remarks will appear here- Mr. FOX of Pennsylvania. Our cur- the SSI program that has been well after in the Extensions of Remarks.] rent system is so perverse to people, if documented, again, in evidence pre- they have savings, you cannot be on f sented to the Congress. welfare. If you want to own property, The SPEAKER pro tempore. Under Mr. FOX of Pennsylvania. What of you cannot be on welfare. It actually the Speaker’s announced policy of Jan- the child care block grant program? Is discourages the child’s mother to uary 4, 1995, the gentleman from Cali- that your next proposal? marry the father because she will lose fornia [Mr. RIGGS] is recognized for 60 Mr. RIGGS. Well, we have touched on welfare. So what we have tried with minutes as the designee of the minor- that at some considerable length, the ity leader. job care block grant program, and it is these Republican proposals is frankly quite likely that we will see an amend- to give a better system to trim the fat [Mr. RIGGS addressed the House. His ment here on the floor. The child care from the budget, but to give the bene- remarks will appear hereafter in the block grant is obviously very impor- fits where they belong, to those who Extensions of Remarks.] tant to helping people move from wel- really are in need, and not those who f abuse the system that was outlined by fare to work. Now we recognize that The SPEAKER pro tempore. Under the gentleman from California [Mr. many single mothers struggle against the Speaker’s announced policy of Jan- heroic odds, and if we, in fact, are RIGGS]. uary 4, 1995, the gentleman from Ver- Mr. RIGGS. I would like to sum up. going to assist them in making that mont [Mr. SANDERS] is recognized for 60 transition, we need to help them with Again, as I said earlier today, several minutes as the designee of the minor- adequate quality child care and health hours ago now on this very floor, it is ity leader. time to get real. We all know the sys- care benefits. [Mr. SANDERS addressed the House. So what we have done in the child tem is broken. We know that today’s welfare system destroys families and His remarks will appear hereafter in care block grant is consolidate eight the Extensions of Remarks.] child care and development programs the work ethic and that it traps people into a single block grant. We actually in the cycle of Government dependency f and promotes intergenerational de- enable States to direct more funds to LEAVE OF ABSENCE child care services even while provid- pendency on welfare. So what we are By unanimous consent, leave of ab- ing level funding, and I believe that even deferring to do now in this his- sence was granted to: that funding will be increased through toric debate is replace a failed system Mr. WALKER (at the request of Mr. an amendment to be offered by the gen- of despair with reforms based on the ARMEY) for today, on account of ill- tlewoman from Connecticut [Mrs. dignity of work and strength of fami- ness. JOHNSON]. We preserve parental choice lies that move solutions closer to home provisions in the current child care de- and offer hope for the future. f Mr. FOX of Pennsylvania. With that velopment block grant. We require SPECIAL ORDERS GRANTED States to have and meet their own final statement from the gentleman safety and health laws for day care pro- from California [Mr. RIGGS], I want to By unanimous consent, permission to viders, and again we poropose initially thank also the gentleman from Arizona address the House, following the legis- level funding of 1.9 billion a year for 5 for his leadership [Mr. HAYWORTH], in lative program and any special orders years, although I believe the gentle- trying to move this Congress forward heretofore entered, was granted to: woman’s amendment would increase in meaningful welfare reform that is (The following Members (at the re- that in the neighborhood of $750 mil- compassionate and cares for people and quest of Mr. HOLDEN) to revise and ex- lion more, again recognizing that qual- will respect the rights of all individ- tend their remarks and include extra- ity child care is paramount to helping uals in the United States. I want to neous material:) people make that transition from wel- thank the gentleman for participating Mr. HOLDEN, for 5 minutes, today. fare to work. in this special hour on behalf of the Mr. GUTIERREZ, for 5 minutes, today. Mr. FOX of Pennsylvania. I will yield House of Representatives. I want to Mr. PETE GEREN of Texas, for 5 min- to the gentleman from Arizona. thank the Speaker for his leadership utes, today. Mr. HAYWORTH. I just want to and assistance in this regard. Mr. POMEROY, for 5 minutes, today. thank our good friend from California (The following Member (at the re- for delineating so many provisions in f quest of Mr. LATHAM) to revise and ex- our Welfare Reform Act that we will The SPEAKER pro tempore. Under tend her remarks and include extra- talk about tomorrow, and certainly the Speaker’s announced policy of Jan- neous material:) many more provisions remain, and we uary 4, 1995, the gentleman from Lou- Mrs. SEASTRAND, for 5 minutes, on invite, Mr. Speaker, all the American isiana [Mr. FIELDS] is recognized for 60 March 22. people to be involved in this debate in minutes as the designee of the minor- f this new partnership, and I think it is ity leader. fair to mention that people at home [Mr. FIELDS of Louisiana addressed EXTENSION OF REMARKS are saying, ‘‘Well, what does this mean the House. His remarks will appear By unanimous consent, permission to for me, for the taxpayers of America, hereafter in the Extensions of Re- revise and extend remarks was granted for those who are working to provide marks.] to: March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3415 (The following Members (at the re- 561. A letter from the President and Chair- ards Board, pursuant to Public Law 100–679, quest of Mr. HOLDEN) and to include ex- man, Export-Import Bank of the United section 5(a) (102 Stat. 4062); to the Commit- traneous matter:) States, transmitting a report involving Unit- tee on Government Reform and Oversight. ed States exports to the People’s Republic of 574. A letter from the Director, Office of Mr. DINGELL. China, pursuant to 12 U.S.C. 635(b)(3)(i); to Management and Budget, transmitting a re- Ms. PELOSI. the Committee on Banking and Financial port entitled, ‘‘Managing Federal Informa- Mr. BEVILL. Services. tion Resources: Twelfth Annual Report Mr. HAMILTON in three instances. 562. A letter from the Assistant Secretary Under the Paperwork Reduction Act of 1980,’’ Mr. SCHUMER. of Legislative Affairs, Department of State, pursuant to 44 U.S.C.; 3514(a); to the Com- Ms. WOOLSEY in three instances. transmitting notification of a proposed li- mittee on Government Reform and Over- Mr. FRANK of Massachusetts. cense for the export of major defense equip- sight. ment and services sold commercially to Ger- Mr. ACKERMAN. 575. A letter from the Commissioner, Bu- many (Transmittal No. DTC–31–94), pursuant reau of Reclamation, Department of the In- Mr. MANTON. to 22 U.S.C. 2776(c); to the Committee on terior, transmitting a draft of proposed legis- Mr. LANTOS. International Relations. lation to amend the Trinity River Basin Fish Mr. DURBIN. 563. A letter from the Chairman of the and Wildlife Management Act of 1984, and for Mr. MINETA. Board, African Development Foundation, other purposes; to the Committee on Re- Mr. TORRES in two instances. transmitting a draft of proposed legislation sources. Mr. EVANS. to authorize appropriations for the African Development Foundation, pursuant to 31 f Mr. COLEMAN of Texas. U.S.C. 1110; to the Committee on Inter- Mr. EDWARDS in two instances. national Relations. REPORTS OF COMMITTEES ON Mr. DIXON. 564. A letter from the Director, Peace PUBLIC BILLS AND RESOLUTIONS Mr. PICKETT. Corps, transmitting a draft of proposed legis- (The following Members (at the re- lation authorizing appropriations for the Under clause 2 of rule XIII, reports of quest of Mr. LATHAM) and to include ex- Peace Corps; to the Committee on Inter- committees were delivered to the Clerk traneous matter:) national Relations. for printing and reference to the proper 565. A letter from the Auditor, District of Mr. WELDON of Pennsylvania. calendar, as follows: Columbia, transmitting a copy of a report Mr. ARCHER: Committee on Ways and Mr. MOORHEAD in two instances. entitled ‘‘Certification of the Fiscal Year Means. H.R. 1215. A bill to amend the Inter- Mr. COBURN. 1966 General Fund Revenue Estimates and a nal Revenue Code of 1986 to strengthen the Mr. MCHUGH. Recertification of the Fiscal Year 1995 Reve- American family and create jobs (Rept. 104– Mr. MCDADE. nue Estimates in Support of the Mayor’s 84). Referred to the Committee of the Whole Budgets for Fiscal Years 1995 and 1996,’’ pur- Mr. BLILEY. House on the State of the Union. suant to D.C. Code, section 47–117(d); to the Mr. SMITH of New Jersey. Mr. SOLOMON: Committee on Rules. Committee on Government Reform and Mr. BATEMAN. Oversight. House Resolution 119. Resolution providing Mr. GOODLATTE. 566. A letter from the Chairman, Board of for further consideration of the bill (H.R. 4) f Governors of the Federal Reserve System, to restore the American family, reduce ille- transmitting a copy of the annual report in gitimacy, control welfare spending, and re- SENATE ENROLLED BILL SIGNED compliance with the Government in the Sun- duce welfare dependence (Rept. 104–85). Re- ferred to the House Calendar. The SPEAKER announced his signa- shine Act during the calendar year 1994, pur- ture to an enrolled bill of the Senate of suant to 5 U.S.C. 552b(j); to the Committee f on Government Reform and Oversight. the following title: 567. A letter from the Comptroller General S. 1. An act to curb the practice of impos- of the United States, transmitting GAO’s PUBLIC BILLS AND RESOLUTIONS ing unfunded Federal mandates on States monthly listing of new investigations, au- Under clause 5 of rule X and clause 4 and local governments; to strengthen the dits, and evaluations; to the Committee on of rule XXII, public bills and resolu- partnership between the Federal Govern- Government Reform and Oversight. tions were introduced and severally re- ment and State, local and tribal govern- 568. A letter from the Chairman, Federal ferred as follows: ments; to end the imposition, in the absence Maritime Commission, transmitting a copy of full consideration by Congress, of Federal of the annual report in compliance with the By Mr. DEAL of Georgia (for himself, mandates on State, local, and tribal govern- Government in the Sunshine Act during the Mr. CLEMENT, Mr. TANNER, Mr. STEN- ments without adequate funding, in a man- calendar year 1994, pursuant to 5 U.S.C. HOLM, Mrs. LINCOLN, Mrs. THURMAN, ner that may displace other essential gov- 552b(j); to the Committee on Government Re- and Mr. PAYNE of Virginia): ernmental priorities; and to ensure that the form and Oversight. H.R. 1267. A bill to reconnect families to Federal Government pays the costs incurred 569. A letter from the General Council, the world of work, make work pay strength- by those governments in complying with cer- Federal Mediation and Consiliation Service, en families, require personal responsibility, tain requirements under Federal statutes transmitting a report of activities under the and support State flexibility; to the Commit- and regulations, and for other purposes. Freedom of Information Act for calendar tee on Ways and Means, and in addition to f year 1994, pursuant to 5 U.S.C. 552(d); to the the Committees on Economic and Edu- Committee on Government Reform and cational Opportunities, the Judiciary, Com- ADJOURNMENT Oversight. merce, National Security, Banking and Fi- 570. A letter from the Inspector General, nancial Services, and Agriculture, for a pe- Mr. FOX of Pennsylvania. Mr. Speak- General Services Administration, transmit- riod to be subsequently determined by the er, I move that the House do now ad- ting GSA’s report entitled, ‘‘Audit of the Speaker, in each case for consideration of journ. Thomas Jefferson Commemoration Commis- such provisions as fall within the jurisdic- The motion was agreed to; accord- sion’’; to the Committee on Government Re- tion of the committee concerned. ingly (at 11 o’clock and 54 minutes form and Oversight. By Mr. ENGLISH of Pennsylvania: p.m.), under its previous order, the 571. A letter from the Freedom of Informa- H.R. 1268. A bill to amend the Federal House adjourned until Wednesday, tion Act Officer, International Boundary and Water Pollution Control Act to establish a Water Commission, United States and Mex- comprehensive program for conserving and March 22, 1995, at 10 a.m. ico; transmitting a report of activities under managing wetlands in the United States, and f the Freedom of Information Act for calendar for other purposes; to the Committee on year 1994, pursuant to 5 U.S.C. 552(d); to the Transportation and Infrastructure. EXECUTIVE COMMUNICATIONS, Committee on Government Reform and By Mr. MOORHEAD (for himself, Mr. ETC. Oversight. SENSENBRENNER, Mr. COBLE, Mr. Under clause 2 of rule XXIV, execu- 572. A letter from the Executive Director, BONO, and Mr. BOUCHER): tive communications were taken from National Capital Planning Commission, H.R. 1269. A bill to amend the act of June transmitting the 1994 annual report in com- 22, 1974, to authorize the Secretary of Agri- the Speaker’s table and referred as fol- pliance with the Inspector General Act culture to prescribe by regulation the rep- lows: Amendments of 1998, pursuant to Public Law resentation of ‘‘Woodsy Owl’’; to the Com- 560. A letter from the Director, the Office 95–452, section 5(b) (102 Stat. 2526); to the mittee on the Judiciary. of Management and Budget, transmitting Committee on Government Reform and By Mr. MOORHEAD (for himself, Mr. the cumulative report on rescissions and de- Oversight. SENSENBRENNER, Mr. COBLE, Mr. ferrals of budget authority as of March 1, 573. A letter from the Chairman, Cost Ac- CANADY, Mr. GOODLATTE, Mr. BONO, 1995, pursuant to 2 U.S.C. 685(e) (H. Doc. No. counting Standards Board, Office of Manage- and Mr. BOUCHER): 104–49); to the Committee on Appropriations ment and Budget, transmitting the fifth an- H.R. 1270. A bill to amend the Trademark and ordered to be printed. nual report of the Cost Accounting Stand- Act of 1946 to provide for the registration H 3416 CONGRESSIONAL RECORD — HOUSE March 21, 1995

and protection of trademarks used in com- By Mrs. MALONEY: Mr. DICKEY, Mr. DOOLITTLE, Mr. DOR- merce, in order to carry out provisions of H.R. 1281. A bill to amend title 5, United NAN, Mr. DOYLE, Mr. DREIER, Mr. certain international conventions, and for States Code, and the National Security Act DUNCAN, Ms. DUNN of Washington, other purposes; to the Committee on the Ju- of 1947 to require disclosure under the Free- Mr. EHRLICH, Mr. EMERSON, Mr. ENG- diciary. dom of Information Act of information re- LISH of Pennsylvania, Mr. ENSIGN, By Mr. HORN (for himself, Mr. garding certain individuals who participated Mr. EVERETT, Mr. FAWELL, Mr. CLINGER, Mr. BASS, Mr. BLUTE, Mr. in Nazi war crimes during the period in FIELDS of Texas, Mr. FLANAGAN, Mr. DAVIS, Mr. FLANAGAN, Mr. FOX, Mr. which the United States was involved in FOLEY, Mr. FORBES, Mrs. FOWLER, SCARBOROUGH, and Mr. TATE): World War II; to the Committee on Govern- Mr. FOX, Mr. FRANKS of Connecticut, H.R. 1271. A bill to provide protection for ment Reform and Oversight, and in addition Mr. FRANKS of New Jersey, Mr. family privacy; to the Committee on Govern- to the Committees on Intelligence (Perma- FRELINGHUYSEN, Mr. FRISA, Mr. ment Reform and Oversight. nent Select), and the Judiciary, for a period FUNDERBURK, Mr. GALLEGLY, Mr. By Mr. ACKERMAN: to be subsequently determined by the Speak- GANSKE, Mr. PETE GEREN of Texas, H.R. 1272. A bill to amend the Internal Rev- er, in each case for consideration of such pro- Mr. GILMAN, Mr. GOODLATTE, Mr. enue Code of 1986 to allow a deduction for the visions as fall within the jurisdiction of the GOODLING, Mr. GOSS, Mr. GRAHAM, committee concerned. payment of postsecondary education ex- Mr. GENE GREEN of Texas, Mr. GUN- By Ms. WATERS: penses; to the Committee on Ways and DERSON, Mr. GUTKNECHT, Mr. HALL of H.R. 1282. A bill to provide employment op- Means. Texas, Mr. HANCOCK, Mr. HANSEN, Mr. portunities to unemployed individuals in By Mr. ANDREWS: HASTERT, Mr. HASTINGS of Washing- high unemployment areas in programs to re- H.R. 1273. A bill to amend the Portal-to- ton, Mr. HAYWORTH, Mr. HEFLEY, Mr. pair and renovate essential community fa- Portal Act of 1947 relating to the payment of HEFNER, Mr. HEINEMAN, Mr. HERGER, cilities; to the Committee in Economic and wages to employees who use employer-owned Mr. HILLEARY, Mr. HOBSON, Mr. HOLD- Educational Opportunities. vehicles; to the Committee on Economic and EN, Mr. HORN, Mr. HOSTETTLER, Mr. H.R. 1283. A bill to provide grants in cities Educational Opportunities. to establish teen resource and education cen- HUNTER, Mr. HUTCHINSON, Mr. HYDE, By Mr. ANDREWS (for himself, Mrs. ters to provide education, employment, Mr. ISTOOK, Mr. JACOBS, Mr. JEFFER- MALONEY, Mr. BILIRAKIS, and Mr. recreation, social, and cultural awareness as- SON, Mr. JOHNSON of South Dakota, MANTON): sistance to at-risk youth; to the Committee Mr. SAM JOHNSON, Mr. JONES, Mr. KA- H.R. 1274. A bill to limit assistance for on Economic and Educational Opportunities. SICH, Mrs. KELLY, Mr. KING, Mr. Turkey under the Foreign Assistance Act of H.R. 1284. A bill to establish a program to KINGSTON, Mr. KNOLLENBERG, Mr. 1961 and the Arms Export Control Act until provide grants to improve the quality and LAHOOD, Mr. LARGENT, Mr. LATHAM, that country complies with certain human availability of comprehensive education, Mr. LATOURETTE, Mr. LAUGHLIN, Mr. rights standards; to the Committee on Inter- health and social services for at-risk youth LAZIO of New York, Mr. LEWIS of national Relations. and their families, and for other purposes; to Kentucky, Mr. LIGHTFOOT, Mr. By Mr. BLILEY (for himself and Mr. the Committee on Economic and Edu- LINDER, Mr. LIPINSKI, Mr. LIVING- MARKEY): cational Opportunities, and in addition to STON, Mr. LOBIONDO, Mr. LONGLEY, H.R. 1275. A bill to ensure the competitive the Committee on Commerce, for a period to Mr. LUCAS, Mr. MANTON, Mr. availability of consumer electronics devices be subsequently determined by the Speaker, MANZULLO, Mr. MARTINEZ, Mr. MAR- affording access to telecommunications sys- in each case for consideration of such provi- TINI, Mr. MASCARA, Mr. MCCOLLUM, tem services, and for other purposes; to the sions as fall within the jurisdiction of the Mr. MCCRERY, Mr. MCDADE, Mr. Committee on Commerce. committee concerned. MCHUGH, Mr. MCINNIS, Mr. MCKEON, By Mr. CONDIT: By Mr. WELDON of Pennsylvania (for Mr. MCNULTY, Mr. MENENDEZ, Mr. H.R. 1276. A bill to amend the Housing Act himself and Mr. UPTON): METCALF, Mrs. MEYERS of Kansas, of 1949 to provide for private servicing of H.R. 1285. A bill to amend the Comprehen- Mr. MICA, Ms. MOLINARI, Mr. MOOR- rural housing loans made under section 502 sive Environmental Response, Compensa- HEAD, Mr. MURTHA, Mr. MYERS of In- of such act; to the Committee on Banking tion, and Liability Act of 1980 to provide a diana, Mrs. MYRICK, Mr. NETHERCUTT, and Financial Services. specific definition of the requirement that a Mr. NEUMANN, Mr. NEY, Mr. NOR- H.R. 1277. A bill to improve procedures for purchaser of real property make all appro- WOOD, Mr. NUSSLE, Mr. ORTIZ, Mr. determining when a taking of private prop- priate inquiry into the previous ownership OXLEY, Mr. PACKARD, Mr. PALLONE, erty has occurred and to direct the Secretary and uses of the real property in order to Mr. PARKER, Mr. PAXON, Mr. PAYNE of Agriculture to report to Congress with re- qualify for the innocent landowner defenses; of Virginia, Mr. PETERSON of Min- spect to takings under progress at the De- to the Committee on Commerce, and in addi- nesota, Mr. PICKETT, Mr. POMBO, Mr. partment of Agriculture; to the Committee tion to the Committee on Transportation POMEROY, Mr. QUILLEN, Mr. QUINN, on the Judiciary, and in addition to the and Infrastructure, for a period to be subse- Mr. RADANOVICH, Mr. RAHALL, Mr. Committee on Agriculture, for a period to be quently determined by the Speaker, in each RAMSTAD, Mr. RIGGS, Mr. ROBERTS, subsequently determined by the Speaker, in case for consideration of such provisions as Mr. ROGERS, Mr. ROSE, Mr. ROTH, fall within the jurisdiction of the committee each case for consideration of such provi- Mrs. ROUKEMA, Mr. ROYCE, Mr. SALM- concerned. sions as fall within the jurisdiction of the ON, Mr. SAXTON, Mr. SCARBOROUGH, By Mr. SOLOMON (for himself, Mr. committee concerned. Mr. SCHAEFER, Mrs. SEASTRAND, Mr. MONTGOMERY, Mr. ALLARD, Mr. AN- By Mr. EVANS (for himself, Mr. RA- SENSENBRENNER, Mr. SCHIFF, Mr. DREWS, Mr. ARCHER, Mr. ARMEY, Mr. HALL, Mr. BONIOR, Mr. DELLUMS, Mr. SHUSTER, Mr. SISISKY, Mr. SKEEN, Mr. BACHUS, Mr. BAESLER, Mr. BAKER of HINCHEY, Mr. FATTAH, Mr. OWENS, SKELTON, Mr. SMITH of New Jersey, Louisiana, Mr. BALDACCI, Mr. Mr. WATT of North Carolina, Ms. Mrs. SMITH of Washington, Mr. BALLENGER, Mr. BARCIA, Mr. BARR, KAPTUR, Mr. GUTIERREZ, Mr. HOLDEN, SOUDER, Mr. SPENCE, Mr. STEARNS, Mr. BARRETT of Nebraska, Mr. BART- and Mr. SANDERS): Mr. STOCKMAN, Mr. STUMP, Mr. LETT of Maryland, Mr. BARTON of H.R. 1278. A bill to amend the Internal Rev- STUPAK, Mr. TALENT, Mr. TATE, Mr. Texas, Mr. BASS, Mr. BATEMAN, Mr. enue Code of 1986 to reduce tax benefits for BEREUTER, Mr. BEVILL, Mr. BILBRAY, TAUZIN, Mr. TAYLOR of Mississippi, foreign corporations, and for other purposes; Mr. BILIRAKIS, Mr. BISHOP, Mr. BLI- Mr. TAYLOR of North Carolina, Mr. to the Committee on Ways and Means. LEY, Mr. BLUTE, Mr. BOEHLERT, Mr. TEJEDA, Mr. THOMAS, Mr. By Mr. GOODLATTE: BOEHNER, Mr. BONO, Mr. BREWSTER, THORNBERRY, Mrs. THURMAN, Mr. H.R. 1279. A bill to preserve and protect the Mr. BROWDER, Mr. BROWNBACK, Mr. TIAHRT, Mr. TORKILDSEN, Mr. TOWNS, free choice of individual employees to form, BRYANT of Tennessee, Mr. BUNN of Mr. TRAFICANT, Mr. TUCKER, Mr. join, or assist labor organizations, or to re- Oregon, Mr. BUNNING of Kentucky, UPTON, Mr. VOLKMER, Mrs. VUCANO- frain from such activities; to the Committee Mr. BURR, Mr. BURTON of Indiana, VICH, Mrs. WALDHOLTZ, Mr. WALSH, on Economic and Educational Opportunities, Mr. BUYER, Mr. CALLAHAN, Mr. CAL- Mr. WAMP, Mr. WATTS of Oklahoma, and in addition to the Committee on Trans- VERT, Mr. CAMP, Mr. CANADY, Mr. Mr. WELDON of Florida, Mr. WELDON portation and Infrastructure, for a period to CHABOT, Mr. CHAMBLISS, Mrs. of Pennsylvania, Mr. WELLER, Mr. be subsequently determined by the Speaker, CHENOWETH, Mr. CHRISTENSEN, Mr. WHITFIELD, Mr. WICKER, Mr. WILSON, in each case for consideration of such provi- CHRYSLER, Mrs. CLAYTON, Mr. CLEM- Mr. WISE, Mr. WOLF, Mr. YOUNG of sions as fall within the jurisdiction of the ENT, Mr. COBLE, Mr. COBURN, Mr. COL- Alaska, Mr. YOUNG of Florida, Mr. committee concerned. LINS of Georgia, Mr. COMBEST, Mr. ZELIFF, and Mr. ZIMMER): By Mr. HEFLEY (for himself and Mr. COOLEY, Mr. COSTELLO, Mr. COX, Mr. H.J. Res. 79. Joint resolution proposing an TORKILDSEN): CRAMER, Mr. CRANE, Mr. CRAPO, Mr. amendment to the Constitution of the Unit- H.R. 1280. A bill to establish guidelines for CREMEANS, Mrs. CUBIN, Mr. ed States authorizing the Congress and the the designation of National Heritage Areas, CUNNINGHAM, Ms. DANNER, Mr. DAVIS, States to prohibit the physical desecration and for other purposes; to the Committee on Mr. DE LA GARZA, Mr. DEAL of Geor- of the flag of the United States; to the Com- Resources. gia, Mr. DELAY, Mr. DIAZ-BALART, mittee on the Judiciary. March 21, 1995 CONGRESSIONAL RECORD — HOUSE H 3417

By Mr. UNDERWOOD (for himself, Mr. H.R. 394: Mr. GOSS, Mr. BROWN of Califor- VENTO, Mrs. MALONEY, Mr. BROWN of Ohio, DELLUMS, Mr. ORTIZ, Mr. MONTGOM- nia, Mr. HAYWORTH, Mr. POMBO, and Mr. Mr. FRANK of Massachusetts, and Ms. FURSE. ERY, Mr. BRYANT of Tennessee, Mr. WAMP. H.R. 1002: Mr. ROHRABACHER, Mr. GENE TORRES, Mr. WYNN, Mr. BROWN of H.R. 436: Mr. GILLMOR, Ms. LOWEY, Mr. GREEN of Texas, Mr. UNDERWOOD, Mr. ENG- California, Ms. RIVERS, Mr. FILNER, POMEROY, and Mr. QUINN. LISH of Pennsylvania, Mr. WATTS of Okla- Mrs. MINK of Hawaii, Mr. CHAMBLISS, H.R. 447: Mr. FILNER, Mr. WAXMAN, Mr. homa, Mr. BROWDER, Mr. GILLMOR, Mr. Ms. PELOSI, Mr. FRAZER, Mr. SCOTT, OBERSTAR, Mr. UNDERWOOD, Mr. DOYLE, Mr. MCHUGH, and Mr. BONIOR. Mr. MCDERMOTT, Mr. FATTAH, Mr. HAMILTON, Mr. FARR, Mr. SOLOMON, Mr. H.R. 1003: Mr. FATTAH and Mr. RAHALL. ROSE, and Mr. VOLKMER): THOMPSON, Mr. COLEMAN, Ms. BROWN of Flor- H.R. 1005: Mr. NEY, Mr. EHRLICH, and Mr. H. Con. Res. 45. Concurrent resolution re- ida, and Mr. NEY. PAXON. garding the appropriate congressional re- H.R. 483: Mr. LIPINSKI, Mr. WILLIAMS, and H.R. 1023: Mr. INGLIS of South Carolina. sponse in the event of the reduction or elimi- Mr. GORDON. H.R. 1045: Mr. LIVINGSTON, Mr. PAXON, Mr. nation of the commissary and exchange net- H.R. 491: Mr. GUTKNECHT, Mr. SOUDER, and BAKER of Louisiana, and Mr. SENSEN- works of the Department of Defense; to the Mr. ZIMMER. BRENNER. Committee on National Security. H.R. 516: Mr. SKEEN. H.R. 1047: Mr. BACHUS. By Mr. WELDON of Pennsylvania: H.R. 526: Mr. POSHARD, Mr. LATHAM, Mr. H.R. 1055: Mr. JACOBS. H. Con. Res. 46. Concurrent resolution au- BARCIA of Michigan, and Mr. HERGER. H.R. 1061: Mr. MINETA. thorizing the use of the Capitol Grounds for H.R. 527: Mr. MCKEON. H.R. 1103: Mr. EHLERS. the Firefighter Challenge; to the Committee H.R. 530: Mr. THORNBERRY, Mr. INGLIS of H.R. 1119: Mr. HOKE, Mr. TAYLOR of North DWARDS on Transportation and Infrastructure. South Carolina, and Mr. E . Carolina and Ms. LOFGREN. H.R. 556: Ms. ROYBAL-ALLARD. H.R. 1120: Mr. SAXTON, Mr. BURTON of Indi- f H.R. 557: Ms. ROYBAL-ALLARD. ana, Mr. BARTLETT of Maryland, Ms. PRYCE, H.R. 580: Mr. WILSON, Mr. FORBES, Mr. and Mrs. MYRICK. TEJEDA, Mr. FUNDERBURK, Mr. CRAMER, Mr. PRIVATE BILLS AND H.R. 1124: Mr. GENE GREEN of Texas. JACOBS, Mrs. CLAYTON, Mr. WOLF, Mr. RESOLUTIONS H.R. 1150: Mr. LIPINSKI. MORAN, Mr. BARTLETT of Maryland, Mr. H.R. 1160: Mr. SPRATT, Mr. FATTAH, Mr. Under clause 1 of rule XXII, private HASTINGS of Florida, Mr. CALLAHAN, Mr. POSHARD, and Mr. MINGE. WELDON of Florida, and Mr. STOCKMAN. bills and resolutions were introduced H.R. 1200: Mr. REYNOLDS. H.R. 656: Mr. ENGEL and Mr. KINGSTON. and severally referred as follows: H.R. 1202: Mr. DEUTSCH, Mrs. MORELLA, Mr. H.R. 662: Mr. BAKER of Louisiana. By Mr. BONIOR: BONIOR, Mr. WYNN, Mr. REED, and Mr. H.R. 698: Mr. CRAPO. H.R. 1286. A bill to authorize the Secretary TORRICELLI. H.R. 700: Mr. CHRYSLER, Mr. WICKER, Mr. of Transportation to issue a certificate of H.R. 1208: Mr. GOSS, Mr. POSHARD, and Mr. ALLARD, Mr. ZIMMER, Mr. KINGSTON, Mr. documentation with appropriate endorse- UNDERWOOD. MOORHEAD, Mr. GOODLATTE, Mr. GEKAS, Mr. ment for employment in the coastwise trade H.J. Res. 14: Mr. METCALF, Mr. HUNTER, POSHARD, Mrs. CHENOWETH, Mr. STUMP, Mr. for the vessel Gilbraltar; to the Committee on Mr. CALVERT, Mr. FRELINGHUYSEN, and Mr. LAZIO of New York, Ms. DUNN of Washington, Transportation and Infrastructure. CRAMER. and Mr. CRANE. By Mr. MINETA: H.J. Res. 16: Mr. BREWSTER, Mr. MCNULTY, H.R. 708: Mr. ANDREWS and Mr. LAHOOD. H.R. 1287. A bill for the relief of Nguyen Mr. COOLEY, Mr. INGLIS of South Carolina, H.R. 713: Mr. ACKERMAN, Mr. FRAZER, Mr. Quy An and Nguyen Ngoc Kim Quy; to the and Mr. BISHOP. FROST, Ms. FURSE, Mr. KLECZKA, Ms. Committee on the Judiciary. H.J. Res. 70: Mr. MASCARA, Ms. MCKINNEY, LOFGREN, Mrs. LOWEY, Mrs. MALONEY, Mrs. Mr. FAZIO of California, Mr. BLUTE, Mr. BISH- f MEEK of Florida, Mr. PARKER, Ms. PELOSI, Mr. SERRANO, and Ms. WOOLSEY. OP, Mr. NEY, and Mr. EHLERS. H.R. 746: Mr. FRANK of Massachusetts. H.J. Res. 76: Mr. MEEHAN, Mr. MILLER of ADDITIONAL SPONSORS H.R. 773: Mr. QUINN, Mr. WILSON, Mr. COLE- Florida, Mr. BACHUS, Mrs. KELLY, Mr. BLUTE, Mr. SHADEGG, Mr. ZIMMER, Mr. CRANE, and Under clause 4 of rule XXII, sponsors MAN, Mr. HINCHEY, Mr. SENSENBRENNER, and Mr. REED. Mr. BOEHNER. were added to public bills and resolu- H. Con. Res. 12: Mr. BACHUS. tions as follows: H.R. 785: Mrs. FOWLER and Ms. FURSE. H.R. 789: Mr. TORKILDSEN, Mr. CAMP, and H. Con. Res. 23: Mr. SPRATT, Mr. LEWIS of H.R. 44: Mr. UNDERWOOD, Mr. DIXON, Mr. Mr. NEY. Georgia, Mr. LIPINSKI, Mr. PETRI, Ms. BROWN BAKER of Louisiana, Mr. MASCARA, Mr. BENT- H.R. 803: Mr. THOMAS, Mr. DOOLITTLE, and of Florida, Mr. MONTGOMERY, Mr. REYNOLDS, SEN, Mr. BUNNING of Kentucky, Mr. HOYER, Mr. CRANE. Mr. WYDEN, Mr. NEAL of Massachusetts, Mr. Mr. HORN, and Mr. LEVIN. H.R. 858: Mr. SANDERS, Mr. MATSUI, Mr. MINETA, Mr. DICKEY, Mr. NETHERCUTT, Mr. H.R. 70: Mr. MOORHEAD. BILBRAY, Mr. MCHALE, Mr. ACKERMAN, Mr. LEVIN, and Mr. FRANK of Massachusetts. H.R. 78: Mr. HOLDEN. BROWN of California, Mr. GILCHREST, Mr. H. Con. Res. 26: Mr. FRANK of Massachu- H.R. 118: Mr. SMITH of Michigan. POMBO, Mr. DEUTSCH, Mr. WALSH, Mr. DOO- setts, Mrs. MEEK of Florida, Mr. BURTON of H.R. 123: Mr. GILCHREST, Mr. CLEMENT, Mr. LITTLE, and Ms. PELOSI. Indiana, Mr. SHUSTER, Mr. ACKERMAN, Mrs. PARKER, Mrs. WALDHOLTZ, Mr. TORKILDSEN, H.R. 860: Mr. INGLIS of South Carolina and MALONEY, Mr. LANTOS, Mr. NADLER, Mr. Mr. ZIMMER, Mr. EVERETT, Mr. FLANAGAN, Mr. WELDON of Florida. MENENDEZ, Mr. DAVIS, Mr. REGULA, Mr. Mr. HAYWORTH, Mr. SCHAEFER, and Mr. HORN. H.R. 881: Mr. ZIMMER, Mr. PARKER, and Mr. FRELINGHUYSEN, Mrs. KELLY, Mr. BOEHLERT, H.R. 127: Mr. CLINGER, Mr. FILNER, Mr. SERRANO. Mr. EVANS, Mr. FROST, Mr. TORRICELLI, Mr. ROHRABACHER, and Mr. PICKETT. H.R. 899: Mr. CHABOT, Mr. HAYWORTH, Ms. SCHUMER, Mr. YATES, Mr. FRAZER, Mr. MONT- H.R. 142: Mr. MCINNIS. KAPTUR, Mr. PAXON, Mr. STOCKMAN, Mr. GOMERY, Mr. DIAZ-BALART, Mr. SOLOMON, Ms. H.R. 159: Mr. NEY and Mr. LIPINSKI. FORBES, Ms. EDDIE BERNICE JOHNSON of RIVERS, Mr. FILNER, Mr. CALVERT, Mr. DEL- H.R. 240: Mr. TAYLOR of North Carolina and Texas, Mr. DELAY, and Mr. INGLIS of South LUMS, Mr. KING, Ms. DELAURO, Mr. Mr. FOX. Carolina. CUNNINGHAM, Mr. BUNN, of Oregon, Mr. LIPIN- H.R. 250: Mrs. COLLINS of Illinois, Mr. BER- H.R. 932: Mr. BISHOP and Mr. COOLEY. SKI, Mr. SOUDER, Mr. MCNULTY, Mr. GEJDEN- MAN, Mrs. MINK of Hawaii, Mr. SABO, Mrs. H.R. 939: Mr. GILMAN. SON, Ms. ROYBAL-ALLARD, Mr. TORKILDSEN, MORELLA, Mr. ENGEL, Mr. ACKERMAN, Mr. H.R. 957: Mr. GEJDENSON, Mr. THOMAS, Mr. Mr. FOX, Ms. LOWEY, and Mr. ROYCE. NADLER, Mr. WAXMAN, and Mr. FOGLIETTA. BONO, and Mr. TORRES. H. Con. Res. 28: Mr. BONIOR. H.R. 297: Mr. FORBES. H.R. 959: Mrs. SCHROEDER. H. Res. 39: Mr. ABERCROMBIE, Mr. BARRETT H.R. 328: Mr. LAHOOD. H.R. 982: Mr. PARKER, Mr. GORDON, Mr. of Wisconsin, Ms. BROWN of Florida, Mr. DEL- H.R. 339: Mr. JACOBS, Mr. PARKER, and Mr. MORAN, and Mr. BISHOP. LUMS, Mr. DEUTSCH, Mr. FROST, Mrs. MEEK of WICKER. H.R. 985: Mr. LAHOOD, Mr. FROST, Mr. Florida, Mr. LANTOS, Mr. LIPINSKI, Ms. NOR- H.R. 341: Mr. JACOBS, Mr. PARKER, and Mr. SAXTON, Mr. DUNCAN, Mr. GENE GREEN of TON, Mr. SERRANO, Mr. WARD, Mr. CONYERS, WICKER. Texas, Mr. LAUGHLIN, and Mr. HALL of Texas. Mr. MEEHAN, Mrs. MORELLA, and Ms. LOWEY. H.R. 389: Mr. SANDERS. H.R. 991: Mr. KLUG, Mrs. MORELLA, Mr. H. Res. 98: Mr. THORNTON, Mr. FOX, Mr. H.R. 390: Mr. WARD, Ms. LOFGREN, Mr. PAS- STARK, Mr. BARRETT of Wisconsin, Mr. FILNER, Mr. STUPAK, Mrs. MORELLA, Mr. TOR, and Mr. CHRYSLER. DEFAZIO, Mr. UNDERWOOD, Mr. MINGE, Mr. HOYER, and Ms. LOWEY. 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, MARCH 21, 1995 No. 52 Senate (Legislative day of Thursday, March 16, 1995)

The Senate met at 9:30 a.m., on the RECOGNITION OF THE ACTING INTEGRITY OF THE DEPARTMENT expiration of the recess, and was called MAJORITY LEADER OF DEFENSE BUDGET to order by the President pro tempore The PRESIDENT pro tempore. The Mr. GRASSLEY. Mr. President, you [Mr. THURMOND]. distinguished acting majority leader is are chairman of the Senate Armed recognized. Services Committee. I do not often PRAYER Mr. GRASSLEY. I thank the Chair. have an opportunity to speak when the SCHEDULE distinguished Senator from South The Chaplain, the Reverend Lloyd Carolina, also the chairman of the John Ogilvie, D.D., offered the follow- Mr. GRASSLEY. This morning the time for the two leaders has been re- Armed Services Committee, is in the ing prayer: chair. I am in the middle of a series of Let us pray: served, and there will now be a period for morning business not to extend be- speeches on the defense budget, and I Almighty God, Sovereign of this Na- know that the Senator from South tion and Lord of our lives, we begin yond the hour of 10 a.m. At the hour of 10 a.m., the Senate will resume consid- Carolina is very much for a strong na- this day by remembering Benjamin eration of S. 4, the line-item veto bill. tional defense. I am also for a strong Franklin’s words to George Washing- Pending to the line-item veto bill is a national defense. But I have some ques- ton at the Constitutional Convention: substitute amendment on which a clo- tions about the amount of money we ‘‘I have lived, sir, a long time, and ture motion was filed yesterday. There- ought to spend and whether or not it the longer I live the more convincing fore, a rollcall vote will occur on that has been used in the most well-man- proofs I see of this truth: that God gov- cloture motion tomorrow. However, aged way. And so I am addressing that erns in the affairs of men. If a sparrow rollcall votes are possible during to- issue. cannot fall to the ground without His day’s session of the Senate. So today I wish to resume my presen- notice, is it possible that an empire can tation on the integrity of the Depart- rise without His aid? I believe that f ment of Defense budget. without His concurring aid, we shall (Mr. DEWINE assumed the chair.) FILING OF AMENDMENTS UNTIL 1 succeed no better than the builders of Mr. GRASSLEY. Mr. President, yes- P.M. Babel. We shall be divided by our par- terday I provided some background in- formation on how I got involved in de- tial local interests; our projects will be Mr. GRASSLEY. Mr. President, I now fense issues in the early 1980’s and have confounded * * *.’’ ask unanimous consent that notwith- been involved with them since. I talked Gracious Lord, we join our voices standing the recess of the Senate today, Members have until 1 p.m.—and about how the spare parts horror sto- with our Founding Forefathers in ries convinced me that President Rea- confessing our total dependence upon that is today—to file amendments to the substitute amendment to S. 4. gan’s defense buildup would lead to You. We believe that You are the au- The PRESIDENT pro tempore. With- waste on a massive scale. I talked thor of the glorious vision that gave out objection, it is so ordered. about how the spare parts horror sto- birth to our beloved Nation. What You ries drove me to the job of began You will continue to develop to f watchdogging the Pentagon. full fruition and today the women and Today I wish to begin discussing the men of this Senate will grapple with MORNING BUSINESS accuracy of the Department of Defense the issues of moving this Nation for- Mr. GRASSLEY. Mr. President, are budget and accounting data. Each year, ward in keeping with Your vision. It is we in morning business? Congress debates the Department of awesome to realize that You use us to The PRESIDENT pro tempore. The Defense budget for days. I do not ex- accomplish Your goals. So keep us Senate will now go into morning busi- pect this year to be much different. In mindful of the eight words of God-cen- ness. fact, the debate may intensify. It may tered leadership: Without You we Mr. GRASSLEY. Mr. President, am I intensify because some of my Repub- can’t; without us You won’t. Think on the order for morning business? lican colleagues are bent on pumping Your thoughts through us; speak Your The PRESIDENT pro tempore. Under up the defense budget again by billions truth through our words; enable Your the previous order, the Senator from of dollars. I am flat baffled by their best for America by what You lead us Iowa [Mr. GRASSLEY] is recognized to proposal. I do not understand it. They to decide. In Your holy name. Amen. speak for up to 10 minutes. want to start back up the slippery Mr. GRASSLEY. I thank the Chair. slope toward higher defense budgets

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

S 4207 S 4208 CONGRESSIONAL RECORD — SENATE March 21, 1995 when there is no reason for doing it. The budget should be hooked up to Sixth, U.S. General Accounting Of- The Soviet threat is gone. The cold war the accounting books, and the future fice, ‘‘Future Years Defense Program: is over. The defense budget should be year’s defense program should be Optimistic Estimates Lead to Billions leveling off, not going up. But I do not hooked up to the budget. in Overprogramming.’’ (NSIAD–94–210. intend to debate that issue today. That The books need to hang together for July 1994.) is better debated when we are working one very simple reason: The GAO’s evaluation of the FYDP is on the appropriations and authoriza- Much of what will be bought and continuing at the request of Senator tion bills for the Department. My pur- done in the years ahead were bought ROTH and myself. The ongoing work pose today is to suggest that we cannot and done last year and the year before. has two objectives: make meaningful decisions on the de- If we do not know what we bought Evaluate the data and methodology fense budget until we get more reliable last year and how much it cost, it will information. be impossible to figure out what we presented in Mr. Chuck Spinney’s lat- I wish to talk about the soundness need next year. You cannot craft a est study, ‘‘Anatomy of Decline’’ and then of the Department of Defense in- good budget with bad numbers. It is as the role of DOD’s Office of Program formation base. I wish to talk about simple as that. Analysis and Evaluation [PA&E]; and the integrity of Secretary Perry’s There is no way to escape from this Review the fiscal year 1996 FYDP. budget. The Department’s financial commonsense principle. If we do not Seventh, this is also by Chuck Spin- records are the foundation for this know what last year’s defense program ney: ‘‘Anatomy of Decline.’’ Office of budget. Like a house or building, if it cost, then how in the world can Mr. Program Analysis and Evaluation, De- is going to stand the test of time and if Perry figure out what he needs down partment of Defense. February 1995. the building is going to serve its in- the road—in the outyears? In order to save time, I will not make tended useful purpose, then a budget’s That is it in a nutshell. a detailed reference every time I draw foundation must likewise be built upon In the simplest terms, if we do not data from one of these sources. very solid rock. know where we have been and where we Instead, I will try to identify the Secretary Perry’s accounting and are, we cannot possibly figure out source in a more general way as I go budget numbers should be accurate and where we are going. We may be lost. along. complete. Sadly, however, every shred Mr. President, all the DOD budget Mr. President, that concludes my of evidence I have tells me that Mr. chains are broken. The essential links statement for today. Perry’s budget structure is built on between the accounting records and I will continue with more evidence sand. the budget, and the budget and the fu- Do they understand that? I believe ture year’s defense program, are bust- tomorrow and Thursday and Friday. they do. I believe that there are some ed. We have mismatches within I yield the floor. people over there intent upon changing mismatches within mismatches. The PRESIDING OFFICER. Under this, who right this very minute are Now, this is a very complicated sub- the previous order the Senator from working toward doing that. But the ject, and my conclusions could be con- Alabama [Mr. HEFLIN] is recognized to point is that job is a long way from troversial. They could be challenged. speak for up to 10 minutes. being done, because it is in such a sad So it is important that I document The Senator from Alabama. state of affairs. We are going to be my sources. Mr. HEFLIN. Mr. President, Senator called upon in the next couple months But I would like to warn my col- FEINSTEIN wishes to make some re- to make a decision whether to spend leagues, these issues are not laid out in marks. In the event her remarks are $50 billion more than what the Presi- one single source. I have drawn on not begun or finished when the hour of dent proposed on defense. I do not see many different sources. 10 arrives, I ask unanimous consent how we can make that decision with I will cite the main ones. There are that time for morning business be ex- the information on which the budget others but the main ones are as fol- tended to allow her to complete her re- structure is formed if this is all built lows: marks. on a foundation of sand. I will docu- First, U.S. General Accounting Of- The PRESIDING OFFICER. Without ment the basis for that assertion in a fice, ‘‘Financial Management: Status objection, it is so ordered. moment. of Defense Efforts To Correct Disburse- The Senator from Alabama is recog- Mr. Perry’s financial records, the De- ment Problems.’’ (AIMD–95–7. October partment’s budget books and account- 1994.) nized. ing books are in a shambles. Mr. Perry This work is continuing at the re- Mr. HEFLIN. I thank the Chair. has no way of knowing which numbers quest of myself and Senators ROTH and (The remarks of Mr. HEFLIN pertain- are true and which are false. GLENN. I have used some updated data ing to the introduction of S.J. Res. 31 Inaccurate and misleading budget on disbursements and unreconciled are located in today’s RECORD under numbers erode our process of checks contracts that does not yet appear in ‘‘Statements on Introduced Bills and and balances, and they undermine ac- published reports. Joint Resolutions.’’) countability. Second, DOD inspector general, The PRESIDING OFFICER. Under Bad information leads to bad deci- ‘‘Fund Control Over Contract Pay- the previous order the Senator from sions and hence bad Government. ments at the Defense Finance and Ac- California [Mrs. FEINSTEIN] is recog- The accounting books should provide counting Service—Columbus Center.’’ nized to speak for up to 10 minutes. a full and accurate record of how the (Report No. 94–054. March 15, 1994.) Mrs. FEINSTEIN. I thank the Chair. money was spent, what was purchased, Third, U.S. Senate, Committee on (The remarks of Mrs. FEINSTEIN per- and how much each item cost. Governmental Affairs. (Hearing on taining to the introduction of S. 580 are The accounting books should provide DOD Financial Management. April 12, located in today’s RECORD under a historical record of past expendi- 1994.) ‘‘Statements on Introduced Bills and tures. Testimony by Comptroller General Joint Resolutions.’’) The budget, by comparison, is sup- Bowsher and Senator GLENN provided posed to tell us what is needed in the most of my information on overpay- f coming year in the way of money and ments to contractors. material. Fourth, DOD inspector general, MEMORIALIZING JAMES LARRY The future years defense program, or ‘‘Consolidated Statement of Financial BROWN OF PINE LEVEL, NC FYDP, in turn, projects the future con- Position of the Defense Business Oper- sequences of our budget decisions. All ations Fund for Fiscal Year 1993.’’ (Re- Mr. FAIRCLOTH. Mr. President, I these books—the future year’s defense port No. 94–161. June 30, 1994.) rise to pay tribute to James Larry program, the budget, as well as ac- Fifth, U.S. General Accounting Of- Brown who died suddenly 2 weeks ago counting book—should hang together. fice, ‘‘Defense Business Operations at the young age of 40. The books should be bound together Fund: Management Issues Challenge Larry, as he was known by friends by a common thread—accurate, con- Fund Implementation.’’ (AIMD–95–79. and family, was born and raised in sistent data. March 1995.) March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4209 Johnston County, NC, and spent his en- in the State, never missing a game on ning of the suffrage movement began tire life in that tight-knit community. television and invariably purchasing with a convention in Seneca Falls, NY. The hundreds of people who mourned his cars and clothing in the Carolina Today, Seneca Falls is the home of the his untimely death offer testimony to Blue colors of the Tar Heels. He en- Women’s Rights National Historical his character and the value of his life gaged in good hearted rivalry with his Park and its history serves as an inspi- that ended without warning. neighbors who were fans of the NC ration to all. I am pleased to lend my As a young boy he sang in the choir State Wolfpack, gaining a reputation voice to celebrate this anniversary. at Carter’s Chapel Baptist Church at as not only a practical joker but also f Sunday services and for the sad occa- as a good sport. Larry loved to laugh sion of a fellow parishioner’s funeral. and loved to make others laugh—one of THE REGULATORY MORATORIUM In 1970, when he was 16 years old, he his extraordinary talents. BILL sang at the funeral of Tammy Denise While family and friends were his Mr. STEVENS. Mr. President, I wish Woodruff, a 3-year-old child whose life first priority, Larry gained a reputa- to take a moment to describe the effect was cut short. Each time he visited the tion as a sympathetic, understanding of the amendment I authored and grave site of that little girl who was and effective manager at Data General which is now part of the committee buried next to his mother, Lyda Mae, and at Channel Master in Selma were substitute for S. 219, the regulatory he wept for her. Tammy’s gravestone he was working when he died. Those moratorium legislation. read ‘‘Picking Flowers in Heaven.’’ that he worked with in the present and My amendment modifies the defini- Larry now rests next to her. The com- well over a decade ago were struck by tion of ‘‘significant regulatory action’’ passion he felt for a little girl he didn’t his death and came to pay him tribute. to include ‘‘any action that withdraws even know is the finest example of the While working to support his family or restricts recreational, subsistence, compassion Larry Brown felt toward over the past 20 years, he was also able or commercial use of any land under all human beings. to complete his bachelors degree at the the control of a Federal agency, except Larry wasn’t a renowned scientist, an Atlantic Christian College. His gradua- for those actions described under para- outspoken community activist, or a po- tion day, just a few years ago, was a litical leader. Larry was an ordinary proud day for his family. It was sup- graph 4 (D) and (E).’’ The effect of this man who lived and worked in his com- posed to be just the beginning. amendment is to impose the morato- munity for his entire life. He was the James Larry Brown will be missed by rium contained in the bill on any ac- type of man that you would want as a all who knew and loved him. However, tion by a Federal agency to withdraw brother, as a father, as a neighbor and we are comforted in our loss by the or restrict commercial, recreational, or as a friend. Whether he knew you for 20 knowledge that his was a life worth- subsistence use of Federal lands. years or for 20 minutes, he would be while, filled with compassion and kind- The actions described in paragraph 4 there offering a shoulder to cry on, a ness. We can only hope that his life and (D) and (E) are ‘‘any agency action helping hand, or a $20 loan he never ex- sudden death will make us better peo- that establishes, modifies, opens, pected to be repaid. ple. closes, or conducts a regulatory pro- gram for a commercial, recreational, Some of his neighbors knew him as f Vicki’s father, Mr. Larry, the one who or subsistence activity relating to was always there working for the CELEBRATING THE 19TH hunting, fishing, or camping’’ and ‘‘the North Johnston High School Band AMENDMENT granting of * * * a license, * * * exemp- Boosters to help them raise money and Mr. D’AMATO. Mr. President, I rise tion, * * * variance or petition for re- organize activities so the high school today to recognize the 75th anniversary lief * * * or other action relieving a re- could continue developing young minds of the passage of our Nation’s 19th striction * * *.’’ In other words, a Fed- and souls through music. Other Pine amendment. As my colleagues know, eral agency may continue to manage Level residents knew him as Megan’s this important amendment placed in these activities, even if the manage- daddy, a devoted softball fan who never law the right for women in the United ment action involved would restrict missed a single game his daughter States to vote and is now a cause to the public’s use of Federal lands. This played. Parents and friends at the soft- celebrate the contributions and means that a Federal agency may close ball game always turned to Larry to achievements of women. wildlife refuges to duck hunting, limit find out the score at any given point in The right to vote is indeed a precious the number of people permitted in the time. He always knew the answer be- right that we as Americans sometimes National Parks to the number of camp- cause he kept the score in the soil be- do not appreciate. Until 75 years ago, sites available, or prohibit trawling in neath his lawn chair which he would our forefathers did not recognize that certain areas to protect crab and hali- put in place at the start of the day’s this right also applied to women. but. first game and not remove until all the Women fought hard to secure this In addition, my amendment defines games were over. He was every child’s right. The 19th amendment has since ‘‘public property’’ to mean ‘‘all prop- playmate and every parent’s confidant. become a turning point symbolizing erty under the control of a Federal Most everyone knew him as a friend. the remarkable contributions of agency, other than land.’’ This defini- He married Colleen Kenney in 1975 women to our Nation’s past, present, tion is necessary because the bill pro- after they met on a blind date when and future. vides that the moratorium shall not her family moved from Wisconsin to It is not an understatement that this apply if the President finds that ‘‘the North Carolina. They would have cele- amendment was the impetus for women action is * * * principally related to brated their 20th wedding anniversary to actively participate in politics, public property * * *.’’ Without this this October and both Larry and Col- science, education, and commerce. definition, the President could cir- leen were looking forward to spending Once opportunities were presented, cumvent the purpose of my amendment the rest of their lives together. Colleen, women have, through hard work, ex- by simply finding that the closing of Pine Level’s Girl Scout troop leader, celled in their chosen professions. Federal lands to grazing or of a Na- relied on Larry to help her with the This anniversary, therefore, marks tional Forest to timber harvests is tremendous task of helping these girls the rise of women into positions of ‘‘principally related to public prop- grow and learn about life, responsibil- leadership. Women’s History Month erty’’ because the principal ‘‘public ity and the importance of community recognizes the achievements and the property’’ under the control of the For- service. It was a task he did well and contributions of these prominent mem- est Service are National Forests. By with great dedication. bers of our past such as Susan B. An- limiting the definition of ‘‘public prop- Almost as much as Larry loved his thony and Elizabeth Cady Stanton. erty’’ to ‘‘all property * * * other than family, his friends and his community, This becomes especially important as land’’ my amendment would allow the he loved the University of North Caro- we look to our future. President to exclude from the morato- lina Tar Heels. He was known through- Mr. President, it is in New York that rium any action related to managing out Pine Level, Smithfield and Selma Women’s History Month has special public property like motor pools, ware- as one of the most devoted Heels’ fans meaning given that the formal begin- houses, and other buildings—including S 4210 CONGRESSIONAL RECORD — SENATE March 21, 1995 public toilets—in short, any action These grants are a critical part of a actly $4,842,719,633,258.54 or $18,383.05 other than to restrict land use. comprehensive new effort to combat vi- per person. Some have said this amendment goes olence against women. Police need bet- The lawyers have a Latin expression too far. I think it does not. The Presi- ter training, so that they will make ar- which they use frequently—‘‘res ipsa dent has plenty of exceptions that rests when the situation warrants. loquistur’’—‘‘the thing speaks for it- allow him to escape the impact of my Prosecutors need better training in self.’’ Indeed it does. amendment. There are exceptions for how to work with victims, using vic- f national security, law enforcement, tims’ advocates when possible. Judges health and safety, and international need to understand that domestic vio- CONCLUSION OF MORNING trade, among other things. And in the lence and other attacks against women BUSINESS final analysis, it is the President who are serious crimes. Often, when women The PRESIDING OFFICER (Mr. makes the final call as to what regula- are abused or beaten, the police, pros- KYL). Morning business is closed. tions are impacted by this law. The in- ecutors, and judges fail to take the tent of my amendment is clear—I want crimes seriously enough. As a result, f to put a halt to agency actions that many women are reluctant to call the LEGISLATIVE LINE-ITEM VETO needlessly restrict the use of public police or seek help in other ways. ACT lands. These grants will help States address Mr. President, I commend my col- these problems. The PRESIDING OFFICER. Under league from Delaware, Senator ROTH, This new law is the first comprehen- the previous order, the Senate will now and his committee staff, particularly sive Federal effort to deal with vio- resume consideration of S. 4, which the Frank Polk, Paul Noe, and Mickey lence against women. It protects the clerk will report. Prosser for their efforts in reporting rights of victims. It makes it a Federal The legislative clerk read as follows: this regulatory moratorium legisla- offense to cross State lines to abuse a A bill (S. 4) to grant the power to the tion. fleeing spouse or partner. It gives vic- President to reduce budget authority. f tims of violent crime or sexual abuse The Senate resumed consideration of the right to speak at the sentencing the bill. PRESIDENT CLINTON IMPLEMENTS hearings of their assailants. It pro- Pending: THE VIOLENCE AGAINST WOMEN hibits those facing a restraining order Dole amendment No. 347, to provide for the ACT on domestic abuse from possessing a separate enrollment for presentation to the Mr. KENNEDY. Mr. President, ear- firearm. President of each item of any appropriation lier today, President Clinton took a I am particularly gratified by the bill and each item in any authorization bill major step toward effective implemen- restoration of the national, toll-free or resolution providing direct spending or tation of the new Violence Against domestic violence hotline, which will targeted tax benefits. Women Act, which was enacted as part be administered by the Department of Mr. DORGAN addressed the Chair. of the omnibus crime control law last Health and Human Services. Before the The PRESIDING OFFICER. The Sen- year. hotline was shut down for lack of funds ator from North Dakota. President Clinton established a new in 1992, it averaged over 180 calls a day, Mr. DORGAN. Mr. President, I ask Violence Against Women Office at the or 65,000 calls a year, during the 5 years unanimous consent to speak for 5 min- Department of Justice, and appointed it was in operation. The hotline is a utes as if in morning business off the former Iowa Attorney General Bonnie lifeline for women in danger. The na- bill. Campbell as Director of the Office. Ms. tionwide system will enable any The PRESIDING OFFICER. Without Campbell was the first woman to hold woman in trouble to call an 800 number objection, it is so ordered. the office of attorney general in Iowa, and be advised by a trained counselor f and in that capacity, authored one of on what to do immediately and where the Nation’s first antistalking laws. to go for help in her area. TELECOMMUNICATIONS DEREGU- President Clinton also announced $26 I commend President Clinton for his LATION AND COMPETITION: ITS million in State grants and a toll-free leadership in implementing this law, IMPACT ON RURAL AMERICA domestic violence hotline. I was proud and I look forward to working with the Mr. DORGAN. Mr. President, when to be a strong supporter of the act and administration to continue to fight to Congress passed the Communications to be the Senate sponsor of the hotline. end the tragedy of violence against Act in 1934, telephones were a novelty. I commend the President for taking women. Sixty years later, most Americans this important step in the fight to end f have affordable telephone service, violent crimes against women. The thanks largely through a universal rates of violent crimes committed IS CONGRESS IRRESPONSIBLE? service system of support mechanisms. against women continue to rise. Na- THE VOTERS HAVE SAID YES This is a success story. tionwide a woman is beaten every 15 Mr. HELMS. Mr. President, the im- Universal service has been a success seconds. Three to four million women a pression simply will not go away; the because policymakers had the foresight year are victims of family violence. In enormous Federal debt greatly resem- to understand that market forces, left Massachusetts last year, a woman was bles that well-known energizer bunny to their own devices, would not serve murdered every 16 days, and in this we see, and see, and see on television. every American. Support mechanisms year alone, 17 women have been mur- The Federal debt keeps going and going are necessary to ensure that every dered as a result of domestic violence. and going—always at the expense, of American could have access to phone It is clear that far more needs to be course, of the American taxpayers. service and electricity. This was true done to stop this violence. One of the A lot of politicians talk a good in building a nationwide phone net- most effective measures is to improve game—when they home to campaign— work and it will be true in the future our methods of law enforcement and do about bringing Federal deficits and the to deploy an advanced telecommuni- more to prosecute and convict the per- Federal debt under control. But so cations network. petrators of these crimes. many of these same politicians regu- Today we stand at the advent of a The Violence Against Women Act larly voted for one bloated spending telecommunications revolution that provides $1.6 billion over the next 6 bill after another during the 103d Con- promises to bring an explosion of eco- years to combat such violence. In- gress—which could have been a pri- nomic activity and growth in rural cluded in those funds are grants to mary factor in the new configuration America that will rival the delivery of States to train and hire more police of U.S. Senators as a result of last No- electricity to farms in the early part of and prosecutors for domestic violence vember’s elections. the century. The information age or sexual assault units, open new crisis In any event, Mr. President, as of promises to bring opportunity to pre- centers for victims, hire advocates and yesterday, Monday, March 20, at the viously disadvantaged areas. Until crisis counselors, and improve lighting close of business, the total Federal now, geography has been, a disadvan- for unsafe streets and parks. debt stood—down to the penny—at ex- tage for rural America. Much of the March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4211 business growth and development in Together, these small and rural Maintaining universal telecommuni- America happens to occur in major LEC’s provide telecommunications cations service must remain our high- urban centers out of geographic neces- service to approximately 6.6 million est priority. Any emerging national sity, leaving rural America at a signifi- rural Americans. Their combined serv- policy must embrace the concept of an cant disadvantage. The telecommuni- ice areas cover some 1.7 million square ongoing and evolving universal service cations revolution is quickly changing miles and represent approximately 1 mandate. Moreover, such policy must all that, making a rural community in million route miles of infrastructure. ensure that universal service initia- North Dakota as close to Manhattan as While they serve about 5 percent of the tives are financially sustained by all the Hudson River. U.S. population, their service areas en- market providers. Satellites, fiber optic cable, digital compass 40 percent of the Nation’s land Some have argued in favor of reduc- switching devises and other techno- area. On average, their investment to- ing, and in some cases, eliminating, the logical developments make it possible tals approximately $2,500 for each sub- level of universal service support. This for voice, video, and data transmission scriber. And, for the most part, the is flagrantly inconsistent with this Na- to occur effectively and immediately services they provide are equal or supe- tion’s 60-plus year commitment to uni- rior to those offered by the industry gi- between two locations thousands of versal service for all Americans. Con- ants. miles apart. This means jobs, economic gress and the administration alike With these facts in mind, it should development, and opportunity unprece- have set many ambitious goals for the dented in rural areas that have histori- come as no surprise that these low-den- sity, high-cost areas are not natural Nation’s telecommunications indus- cally been struggling to build a promis- try—goals that can be met only if we ing future. candidates for competition and need support to deliver affordable service. are willing to make a renewed commit- On the eve of our consideration of They are neither magnets for capital ment to support, not abandon, the pol- new major national telecommuni- nor market-stimulating sources of rev- icy of universal service. cations policy, I am concerned that is- enues and profits. Yet, despite the The objective of introducing com- sues essential to rural America may be challenges these small and rural LEC’s petition in local phone service is to overshadowing by the battles between face, they consistently provide univer- drive prices toward cost. In contrast, the industry titans, like the regional sal service to their constituency. This current practice reflects the long-es- Bell operating companies, long dis- is possible only through sound public tablished national policy goal of set- tance carriers and national cable net- policy that has historically recognized ting rates at levels that maximize sub- works. We cannot forget to do what is rural is different. scription and use. That policy has right for all, and not just a few, Ameri- That’s what we really need to focus proved very effective, enabling all of us cans. on today. Rural areas are different. to reap what economists call the ‘‘ex- There is an obsession and worship of This does not suggest that competition ternal benefits’’ of broad access to the competition and deregulation these should be rejected for rural areas. Nation’s public switched network. days. After all, a free market driven by Rather, we need to understand that The largest LEC’s want to base their competition comprises the economic competition in rural and high cost rates on cost in order to confront their fabric on which our Nation was built. markets needs to be structured dif- onrushing competitors more effec- At the same time, however, the coun- ferently in rural areas. Universal serv- tively. That is certainly understand- try has always understood that these ice support is critical and the introduc- able. They are large enough to make principles are not always in everyone’s tion of competition must be addressed best in interest. This dichotomy is of such pricing work for both themselves with carefully constructed policy—not and their subscribers. Nevertheless, it significant note as we chart the devel- blind obedience to competition and de- opment of our Nation’s telecommuni- does not necessarily make economic regulation. sense to force similar arrangements on cations policy and its impact on rural There are two cardinal rules I want America. small, rural LEC’s. Cost-based pricing to impress upon my colleagues today. by rural LEC’s would lead to dramatic The structure and the economics of The first rule is that telecommuni- the telecommunications industry is as rate increases for rural consumers. The cations reform must protect and pre- value of a phone in Regent, ND is the complicated as scholastic philosophy. serve universal service support. With- same as the value of a phone in New Our Nation already possesses a quality out such support, the future of rural York City. The only way to prevent integrated telephone network that telecommunications is a guaranteed rate increases is to offset them through most Americans can access and enjoy disaster rather than a promise for op- universal service cost recovery mecha- the benefits of coast-to-coast commu- portunity. The second cardinal rule is nications. However, few understand that competition in rural areas needs nisms. This clearly points out the im- and the complex interaction and co- to be structured appropriately and it is portance of establishing strong univer- ordination that is required to connect imperative that safeguards be in place sal service support mechanisms prior the hundreds of local phone companies to ensure an orderly transition to a to permitting the modification of the and long distance carriers. Although competitive marketplace. industry’s rate structure scheme. Rural areas must have access to tele- most Americans know the difference PROTECTING AND PRESERVING UNIVERSAL between local and long distance phone SERVICE communications capabilities and serv- calls, few understand and appreciate A recent study entitled ‘‘Keeping ices comparable to those in urban the complexities of how long distance Rural America Connected: Costs and areas. To ensure this, Congress, the and local phone companies inter- Rates in the Competitive ERA’’ reveals FCC, and the telecommunications in- connect. how the rural telecommunications dustry have established a number of For example, I would guess many marketplace could be devastated with- support mechanisms, including geo- Americans are not aware that the out universal service support. Specifi- graphic toll rate averaging, lifeline and seven regional Bell operating compa- cally, it shows that rates would sky- linkup programs, local rate averaging, nies [RBOC’s] are not the Nation’s only rocket to the point that many rural and the rural utilities service’s, for- local exchange carriers [LEC’s]. Many Americans would be forced to simply merly REA, telephone loan program. Americans are surprised to learn that decline service. These programs and policies have made there are hundreds of LEC’s through- For example, the study demonstrates state-of-the-art telecommunications out the Nation. In fact, there are ap- that without universal service support, technologies available to rural Ameri- proximately 1,400 small cooperative local monthly rates would increase by cans. In return for these supports, and commercial systems serving people $12.84 on average. Monthly toll rates LEC’s agree to serve every resident in and communities throughout rural would climb by $18.43. The combined their service area who wants to be America. These small and rural LEC’s monthly increase would average an as- served. In many cases, it would have originated to bring service to areas tounding 72.3 percent. And these are been impossible for LEC’s to serve the considered unprofitable and undesir- study-wide averages; the effects in entirety of sparsely populated service able by the industry’s early leaders. some States are even worse. areas without support. S 4212 CONGRESSIONAL RECORD — SENATE March 21, 1995 COMPETITION IN RURAL MARKETS ates a system of information-age haves CONCLUSION The second cardinal rule is that blind and have-nots. I cannot and will not In summary, preserving universal allegiance to competition will hurt support public policy that leaves rural service is sound public policy. Univer- rural telecommunications delivery. Americans reeling in its wake. An un- sal service benefits the entire Nation, The fact is that competition—without restricted competitive and deregula- not just rural areas. As we pursue new conditions—does not serve rural mar- tory telecommunications policy will telecommunications policy, we must kets. Airline deregulation is but one not work in rural America. Such policy also ensure that real, effective mecha- example. In a deregulated environ- in fact threatens higher, not lower, nisms remain in place to preserve and ment, airlines have chosen not to serve consumer prices. Such policy in fact advance universal service. It is equally many rural areas. Why? Because the threatens less, not more, consumer important to provide rural safeguards economics of competitive industry do choice. And such policy in fact will to ensure that competition results in not drive service into rural areas. cost taxpayers more, not less, when it positive benefits for rural consumers. The fundamental premise in the tele- forces existing LEC’s out of business. The conventional wisdom of free-mar- communications reform legislation we Telecommunications reform should ket economics generally does not apply considered last year—and that is not adopt a one-size-fits-all policy of to the different conditions in rural emerging this year—is that competi- competition and deregulation for the America where low population density tion will lead to lower rates and en- entire Nation. Competition and deregu- and vast service areas translate to less courage investment. In most cases, this lation cannot work as a national policy demand and higher costs. is the correct approach. Competition without rural safeguards. Telecommunications reform legisla- should be introduced into all aspects of I am not interested in giving tele- tion is one of the most comprehensive telecommunications. When the old Ma phone companies a competitive advan- and significant pieces of legislation Bell was divested of its local monopo- tage over other telecommunications that many of us will work on in our lies, separating long distance and man- carriers. But I am interested in ensur- congressional careers. Not only does ufacturing services into competitive ing an affordable, high-quality tele- billions of dollars hang in the balance markets, competition lead to lower communications network in rural between some of the largest corpora- long-distance prices and a flood of new tions in the world, but more impor- equipment into the marketplace. No- America. The cable industry and elec- tric utilities want to compete in the tantly, the affordability and effective- body can question that consumers have ness of a central element of economic benefited from the emergence of hun- local exchange market and phone com- panies want to compete in cable. I sup- and social life of Americans is at dreds of long distance companies and stake—an advanced telecommuni- the thousands of new products that port breaking down the barriers that prohibit these industries from compet- cations network. I urge my colleagues were borne from a competitive equip- to address this legislation with an un- ment manufacturing industry. Con- ing in each other’s businesses. How- ever, we must adopt safeguards that derstanding and appreciation for the sumers have benefited from allowing complexities involved and not to resort competition in long distance and man- are in the interest of rural consumers who must be our first concern. Only to easy ideological solutions. There is ufacturing industries and I am con- too much at stake. Not only do all Sen- fident that consumers will also benefit with safeguards are all rural Ameri- cans guaranteed to receive the high- ators have a common national goal to under competitive local exchange serv- promote the development of an ad- ice. Introducing competition into local quality, affordable telecommunications service they deserve. That’s the bottom vanced telecommunications network, telephone service can produce the same but we share the same responsibility to positive result—but only if it is done line. New telecommunications policy ensure that all Americans have access right and a one-size-fits-all approach is must be about rural consumers. to that network—regardless of their not taken. In exchange for universal service sup- geographic residence. If unstructured competition is per- port mechanisms, telephone companies mitted in rural markets and competi- serving rural and high-cost areas have f tors are allowed to cherry pick only undertaken the obligation to serve the high revenue customers, serious de- areas that market forces would leave LEGISLATIVE LINE-ITEM VETO struction of the incumbent carrier, behind. The only reason why thousands ACT who is obligated to serve all customers, of Americans living in rural areas have The Senate continued with the con- including the high cost residents, will phone service is because our existing sideration of the bill. occur. A local telephone exchange is policies require certain carriers to pro- Mr. MCCAIN. Mr. President, I now like a tent and if a competitor is per- vide that service. In addition, nec- move to S. 4, debate on the line-item mitted to take out the center pole, the essary support mechanisms to ensure veto. whole tent collapses. Larger markets that service are available so that serv- The PRESIDING OFFICER. The bill may be able to sustain some cherry ice can be provided at an affordable is pending. rate. It seems to me that if competi- picking, but in smaller rural markets, f the results could be higher residential tion is going to enter into rural and rates. high-cost areas, competitors ought to CLOTURE MOTION The fact is that competition can be be required to undertake the same re- Mr. MCCAIN. Mr. President, I send a destructive in markets that cannot sponsibilities. Let’s not close the door cloture motion to the desk and ask for sustain multiple competitors. A blind to competition—but let’s require com- its immediate consideration. allegiance to competition could result petitors and incumbents alike to carry The PRESIDING OFFICER. The clo- in higher costs and diminished services the same burdens. This is the only way ture motion having been presented for rural Americans. The question is we can have fair competition in rural under rule XXII, the Chair directs the not whether or not competition should areas. clerk to read the motion. occur in rural areas. Rather the ques- The fact is that U.S. telecommuni- The legislative clerk read as follows: tion is how can the rules of competi- cations policy has always recognized CLOTURE MOTION tion be structured to ensure that rural local exchange service as essential to We the undersigned Senators, in accord- consumers continued to relieve qual- the well-being of all Americans. The ance with the provisions of rule XXII of the ity, affordable service. Without cau- same cannot be said of cable TV or Standing Rules of the Senate, do hereby tion, we could be setting the stage for other related services. The key point move to bring to a close debate on S. 4, the competition to jeopardize the national here is that we must not adopt any pol- line-item veto bill: public switched network— and univer- icy that would jeopardize the provision Bob Dole, Trent Lott, Dan Coats, Slade sal service—that almost all Americans of essential local exchange service. And Gorton, Robert Bennett, John McCain, Ted Stevens, James Inhofe, Mike enjoy today. we must certainly not adopt any policy DeWine, John Ashcroft, Craig Thomas, Unstructured competition could lead that would alter current policy so dra- Bob Smith, Alfonse D’Amato, Mitch to geographic winners and losers. We matically that the interests of rural McConnell, Larry Pressler, Don Nick- must not agree to any policy that cre- consumers would suffer. les, Pete Domenici. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4213

Mr. MCCAIN. Mr. President, as my view it as perfect. But the fundamen- called transition rules in which tax colleagues are aware, that is the sec- tals associated with it are, in my view, breaks are included for favored individ- ond cloture motion that has been filed important and unchangeable. uals or companies. We are trying to at the desk. Those are based around the following avoid things like what happened—and I Mr. President, after discussion with assumptions: quote from a New York Times article the majority leader, I think it would be First, that it would require a two- of May 20, 1994: well to inform my colleagues that we thirds majority in both Houses in order A case in point is a provision that would anticipate a cloture vote on Wednes- to override the President’s veto. In my allow some homeowners who rent their day, tomorrow, at some point, at the view, that is the fundamental principle homes for a brief period to continue to es- discretion of the majority leader, and behind the line-item veto and one that cape taxes on their rental income. ... then again on Thursday and, if nec- is not negotiable. Since 1976, income from homes and apart- essary, another one on Friday. Second, the separate enrollment as- ments rented for 15 days a year or less has I remind my colleagues that the bill pect which allows the President to been tax free. No one now in Congress knows is under consideration. It is open for eliminate pork using his constitutional for sure, but the word in tax circles for years is this was put into the law for the benefit of amendments. We welcome amendments authority by a simple veto as each people who live in and around Augusta, GA, at this time. I remind Members that piece of legislation is divided up into first-degree amendments must be filed and who rent their homes for thousands of separate bills. Now, there will be a lot dollars each April for the Masters golf tour- by 1 p.m. today in the event of a clo- of discussion about that, Mr. President. nament. At the time that the measure went ture motion. There was the last time, in 1985, when into the Tax Code, Herman E. Talmadge, Mr. President, in discussions with it was brought up. Democrat of Georgia, was the second-rank- the majority leader, he has informed I point out that I went to see the en- ing Senator on the Finance Committee. me that, if necessary, we would stay, in rolling clerk to be briefed on the me- This year, to raise money to offset various order to complete consideration of this chanics of separate enrollment. We did tax cuts, the House decided to abolish the 15- bill in a timely fashion, that we would a little experiment where we took the day rule. But one narrow exception was pro- plan on staying in late both tonight, Commerce, Science, and Justice bill, vided. The rent would still not be taxable if the home was in an area where there was not tomorrow night, and Thursday night, if which is the largest appropriations bill necessary. Hopefully, that is not nec- enough hotel or motel space to accommodate that was passed last year, just as a visitors at a particular event. ... essary. Hopefully, we can pass a clo- trial run, and we broke it up into some ture motion and close off debate in 30 The folks in Atlanta who are planning 500 pieces of separate enrolled legisla- housing for the 1996 Olympics this summer hours, of course, with relevant amend- tion. are quite pleased with the outcome. ments that are germane to be consid- I think to ask the President to sign a ered at that time. Mr. President, we cannot do that bill 500 times is a chore. I also believe anymore. There is going to be an argu- I also point out that, in the event that to allow tens of billions of dollars there are amendments that are not ment to expand this provision to basi- of wasteful and unwanted spending to cally any tax provision in the tax law, ruled specifically germane to the bill, be included, tucked into various appro- the Members should file those by 1 p.m. in tax bills that are passed. priations bills, is a far more serious I think that would be very dan- today. and grievous error. Mr. President, it is clear the inten- gerous. I believe that if we did that, In another provision of the bill is the tions on this side of the aisle, and with then that would give the President of sunset provision, which would sunset the majority leader’s help, that we do the United States the ability to veto this line-item veto authority after 5 not intend to drag this debate out for things like home mortgage deductions, years. I was not particularly happy weeks. We intend to dispose of the medical expenses deductions, child care about that provision, Mr. President, issue. It has been brought up on numer- tax credit, exclusion from income of but there are those on both sides of the ous occasions, dating back to 1985. As employer-provided health care bene- aisle that view this for what it is—a short a time ago as last year, a sense- fits, earned income tax credit, personal significant shift in authority from the of-the-Senate resolution basically en- exemption, special exemption for the legislative to the executive branch. compassing most of the provisions of There are concerns about abuse of blind, special exemption for the elder- the DOLE substitute was voted on, and ly, et cetera, including charitable con- the issue is clear and will not require this power. So they want an oppor- tunity to review the results of the en- tribution deductions and State and extended debate in the view of the ma- local tax deductions. jority leader and those on this side of actment of this legislation after a 5- year period. The bill is intentionally narrowly fo- the aisle. cused on targeted tax benefits to pre- Let me just point out, in the 99th Frankly, I think that that is appro- priate. That is another aspect of it. vent the same kind of abuses that have Congress, a hearing was held in com- become rampant in the appropriations mittee and the motion to proceed was The final aspect of it, Mr. President, that is going to be debated and be sig- process. filibustered. There are 53 current Mem- I want to point out again and again bers of the Senate who were here then. nificantly involved is the targeted tax and again, Mr. President, two-thirds It has been reintroduced every Con- benefits. The targeted tax benefits al- versus a simple majority is the crux of gress since then. Additionally, in 1990, lows the President to eliminate spe- this bill. on July 25, the Senate, the Budget cific targeted tax benefits. These are Committee, favorably reported this rightful shots for transition benefits We asked for an opinion by the Con- bill, and finally during the 103d Con- that help but a few that are not appli- gressional Research Service on the con- gress, the Senate voted on a sense of cable to the general population. stitutionality of separate enrollment. the Senate regarding this issue. The bill states clearly, and I quote There is a Congressional Research I also remind my colleagues that the from the legislation: Service memorandum to the Honorable bill is very short. It is five pages and (5) The term ‘‘targeted tax benefit’’ means DAN COATS from Mr. Johnny H. Killian, one sentence long. It does not require a any provision: who is a senior specialist in American great deal of time and effort to digest (A) estimated by the Joint Committee on consultant law. The subject is separate it. It is, I think, rather simple, rather Taxation as losing revenue within the period enrollment bill and the Constitution. specified in the most recently adopted con- It is a little long, but I think it is im- brief, especially compared with bills current resolution on the budget . . . that we dispose of that are of much (B) having the practical effect of providing portant enough to ask unanimous con- greater length on a routine basis more favorable tax treatment to a particular sent that it be printed in the RECORD, around here. taxpayer or limited group of taxpayers when and I ask unanimous consent to print Obviously, Mr. President, there will compared with other similarly situated tax- it in the RECORD. be questions about this bill. There will payers. There being no objection, the memo- be amendments, hopefully, that will What that means, Mr. President, is randum was ordered to be printed in help define this legislation. We do not that we are trying to avoid the so- the RECORD, as follows: S 4214 CONGRESSIONAL RECORD — SENATE March 21, 1995

CONGRESSIONAL RESEARCH SERVICE, Houses may, by concurrent resolution, au- United States v. Smith, 286 U.S. 6 (1932), an THE LIBRARY OF CONGRESS, thorize the correction of errors when enroll- opinion by Justice Brandeis. Smith concerned Washington, DC, March 20, 1995. ment is made. Following enrollment, the the meaning of a disputed rule of the Senate. To: Hon. Dan Coats. Attention: Megan Speaker of the House of Representatives and The Senate has confirmed an appointee to Gilley. the President of the Senate sign the bill, and the FPC, the President had been notified, the From: American Law Division. it is then presented to the President.3 commission was signed, and Smith took of- Subject: Separate enrollment bill and the How is it, then, it may be asked, that sepa- fice. The Senate then requested that the Constitution. rate bills, which in their subsequent form nomination be returned for reconsideration; This memorandum is in response to your have not passed both Houses, may be deemed upon the President’s refusal, the Senate request for a constititional analysis of the bills that have passed both Houses and are nonetheless voted again and refused con- draft substitute for the various item veto-re- then properly presented to the President? It firmation. The Senate relied upon a role that scission proposals now pending in the Sen- is not possible to make a definitive answer it construed to authorize such reconsider- to this question. Sound precedent is lacking. ate. Briefly, your substitute would direct ation. However, one may, on the basis of existing that the appropriations committees, the au- ‘‘The question primarily at issue,’’ the thorization committees in designated cases, precedents and general principles derived Court said, ‘‘relates to the construction of the and conference committees in designated from the rule-making powers of both Houses, applicable rules, not to their constitutional- cases to include within their bills reported to develop two possible resolutions to the quan- ity,’’ Id., 33 (emphasis supplied). The sup- the House of Representatives or the Senate a dary that will be suitable in form for each level of detail on the allocation of an item of House to make its own constitutional deter- posed Ballin limits were passed. ‘‘As the con- appropriation (or other authority) as is pro- mination. struction to be given to the rules affects per- posed by that House such as is set forth in Each House of Congress is empowered to sons other than members of the Senate, the the committee report accompanying such ‘‘determine the Rules of its Proceedings,’’ question presented is of necessity a judicial bill. The substitute then provides for sepa- Art. I, § 5, cl. 2. The authority is quite broad one.’’ Ibid. While the Court purported to give rate enrollment of the designated bills, once and leaves much to the discretion of each great deference to the Senate’s construction passed by both Houses in identical language, House, but it is not limitless. United States v. of its rules, it read the text of the rules, the as is detailed below. Ballin, 144 U.S. 1 (1892). In that case, the history and precedents, and the mischief at- Discussion here is of particular problems House of Representatives had adopted a rule tendant on the Senate’s construction to in- relating to passage of the separated bills, in- to break the obstruction of some Members terpret the rules as precluding reconsider- sofar as constitutional issues are raised. We who would deny the existence of a quorum to ation of the appointment. Id., 35–49.4 do not deal in this memorandum with the do business by, though present, refusing to Other cases to be noticed are Christoffel v. larger issues of separate enrollment and the vote or otherwise indicating their presence United States, 338 U.S. 84 (1948), and Yellin v. item veto.1 In a considerable amount of pub- for purposes of determining a quorum. The United States, 374 U.S. 109 (1963), both relating lished material since the preparation of the rule authorized the Speaker to have the to the practice of investigating committees two memoranda, cited in n. 1, separate en- names of nonvoting Members recorded and in following House rules, Christoffel involved rollment has not been dealt with, the con- the Members counted and announced in de- the question whether the fact that a quorum troversy exciting much of the writing being termining the presence of a quorum. When existed at the beginning of a hearing created the dispute over the assertion that the Presi- the rule was challenged, by those asserting the presumption that a quorum continued dent already has the power of item veto if he that a bill was not passed with a sufficient throughout, including when perjured state- would but use it.2 Discussion of that subject quorum present, the Court rejected the at- ments were made, as the house contended. we also pretermit. It is to the constitutional- tack. The Court held that it must be shown that a ity of the mechanics of the proposal’s imple- ‘‘The Constitution empowers each house to quorum was actually present when the per- mentation that we turn. determine its rules of proceedings. It may jury was committed. In Yellin, the Court set Under the proposal, once an appropriations not by its rules ignore constitutional con- aside a contempt-of-Congress conviction, be- bill and any authorization bill or resolution straints or violate fundamental rights, and cause it found the committee had failed to providing direct spending or targeted tax there should be a reasonable relation be- follow its rules, rejecting the argument that tween the mode or method of proceeding es- benefits has passed both Houses of Congress under the congressional interpretation of the tablished by the rule and the result which is in the same form, the Secretary of the Sen- rules the rules were followed. sought to be attained. But within these limi- ate (if the bill or joint resolution originated The Court of Appeals for the District of Co- in the Senate) or the Clerk of the House of tations all matters of method are open to the lumbia Circuit has long emphasized that the Representatives (if the bill or joint resolu- determination of the house, and it is no im- rulemaking clause ‘‘creates a ‘specific con- tion originated in the House of Representa- peachment of the rule to say that some other stitutional base’ which requires [the courts] tives) would cause the enrolling clerk of such way would be better, more accurate or even to ‘take special care to avoid intruding into House to enroll each item of appropriation or more just. It is no objection to the validity a constitutionally delineated prerogative of covered authorization as a separate bill or of a rule that a different one has been pre- joint resolution. The separately enrolled scribed and in force for a length of time. The the Legislative Branch.’’ Vander Jagt v. measure is to be enrolled without sub- power to make rules is not one which once O’Neill, 699 F.2d 1166, 1173 (D.C.Cir. 1982) stantive revision, is to conform in style and exercised is exhausted. It is a continuous (quoting Harrington v. Bush, 553 F.2d 190, 214 form to the applicable provisions of chapter power, always subject to be exercised by the (D.C. 1977)), cert. den., 464 U.S. 823 (1983); 2 of title 1 of the United States Code, and is house, and within the limitations suggested, Metzenbaum v. FERC, 675 F.2d 1282, 1287 to bear the designation of the measure of absolute and beyond the challenge of any (D.C.Cir. 1982). Nevertheless, the Vander Jagt which it was previously a part plus such other body or tribunal.’’ Id., 5. court dismissed the action, brought by mi- other designation as to distinguish it from Inasmuch as the Constitution required a nority-party Members of Congress to contest the other items separately enrolled from the quorum to do business but prescribed no the party distribution of committee seats, same bill. The critical provision then is the method of making the determination of the only because it felt the Members had alter- following excerpted section. existence of a quorum, ‘‘it is therefore with- native routes to political relief. In Gregg v. ‘‘A measure enrolled pursuant to [this act] in the competency of the house to prescribe Barrett, 771 F.2d 539 (D.C.Cir. 1985), after dis- with respect to an item shall be deemed to be any method which shall be reasonably cer- missing Members as plaintiffs in a suit chal- a bill under clauses 2 and 3 of section 7 of ar- tain to ascertain the fact.’’ Id., 6. The Court lenging the accuracy of the Congressional ticle I of the Constitution of the United then listed several methods the House might Record, the Court reached the merits of the States and shall be signed by the Speaker of have used. ‘‘Any one of these methods, it suit on behalf of private plaintiffs, although the House and the President of the Senate, must be conceded, is reasonably certain of it decided against them. And, quite recently, or their designees, and presented to the ascertaining the fact, and as there is no con- in Michel v. Anderson, 14 F.3d 623 (D.C.Cir. President for approval or disapproval (and stitutional method prescribed, and no con- 1994), the court reviewed on the merits (find- otherwise treated for all purposes) in the stitutional inhibition of any of those, and no ing constitutional) the changes in House manner provided for bills and joint resolu- violation of fundamental rights in any, it rules permitting delegates from the terri- tions generally.’’ follows that the house may adopt either or tories and the District of Columbia to vote Constitutional difficulty for the separate- all, or it may provide for a combination of in the Committee of the Whole, subject to enrollment proposal may be raised by the ef- any two of the methods.’’ Ibid. Ballin, thus, revoting in certain instances.5 fectuation of this section. At present, when stands for the proposition that the power of Thus far, we have established that the both Houses have passed a bill in the same the Senate and the House of Representatives rule-making power of each House is broad form, it is presented by the last House acting is quite broad and that the Court will defer and is entitled to judicial deference, al- on it to a specially appointed clerk for en- in large measure; but by its phrasing, the though if there is a constitutional barrier to rolling. Bills and joint resolutions are en- Court clearly said that it has power to re- a particular rule or impairment of a private rolled, and the enrolling clerk is to make no view rules and their application, if there are right there may well be a judicial remedy. change, however unimportant, in the text of constitutional inhibitions in existence or if We must, therefore, turn to the exercise of a bill or joint resolution, although the two private rights are alleged to be abridged. the rule-making power of each House in the That judicial review of congressional rules specific context of the enactment of the sep- Footnotes at end of article. may be an expansive power is illustrated by arately-enrolled bills. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4215 Beginning that consideration leads us to ance by the legislative and executive depart- ing a burden of persuasion on some person or Marshall Field & Co. v. Clark, 143 U.S. 649 ments of the government, charged, respec- at some point. Rather, the passage has the (1892), decided the same Term as Ballin. In tively, with the duty of enacting and execut- flavor of a ‘‘political question’’ approach to a Clark, certain parties challenged the validity ing the laws, that it was passed by Congress. constitutional issue. ‘‘The respect due to co- of a tariff law, authenticated by the Speaker The respect due to coequal and independent equal and independent departments requires of the House and the President of the Senate departments requires the judicial depart- the judicial department to act upon that as- as having passed Congress, signed into law ment to act upon that assurance, and to ac- surance, and to accept, as having passed Con- by the President, and furnished to the Public cept, as having passed Congress, all bills au- gress, all bills authenticated in the manner Printer by the Secretary of State as a cor- thenticated in the manner stated; leaving stated. . . .’’ Clark, supra, 143 U.S., 672, See rect copy of the law. It was contended that the courts to determine, when the question baker v. Carr, 369 U.S. 186, 217 (1962) (Identify- the bill had not been passed because congres- properly arises, whether the act, so authenti- ing the features that identify political ques- sional documents showed that a section of cated, is in conformity with the Constitu- tions, including ‘‘the impossibility of a the bill, as it finally passed, was not in the tion.’’ Id., 672. court’s undertaking independent resolution bill authenticated by the signatures of the Upon the correct interpretation of Clark [of an issue] without expressing lack of re- two officers and approved by the President. and the convergence of Clark and Ballin, we spect due coordinate branches of govern- The holding of the Court was that the judici- suggest, may be found the solution to the ment’’). See also INS v. Chadha, 462 U.S. 919, ary may not look behind the authenticating issue of the validity of the passage of a series 941 (1983) (quoting Baker); Nixon v. United signatures of the Speaker of the House and of bills after the passage of the one bill from States, 113 S.Ct. 732, 735 (1993) (quoting two of the President of the Senate. Its reasoning re- which the many bills are extracted. The dif- the other standards of Baker). Indeed, in quires lengthy quoting. ficulty is that it is not clear what the cor- Baker, itself, the Court viewed Clark as a po- ‘‘The argument . . . is, that a bill, signed rect interpretation of Clark is; below, we set litical question case.7 The political-question by the Speaker of the House of Representa- out three possibilities and evaluate them. doctrine is ‘‘essentially a function of the sep- tives and by the President of the Senate, pre- First, Clark may be read as simply holding aration of powers.’’ Baker v. Carr, supra, 217. sented to and approved by the President of that the ‘‘best evidence’’ of whether a bill Baker, of course, is qualified in a number of the United States, and delivered by the let- had passed both Houses may be found in the respects. ‘‘Our system of government re- ter to the Secretary of State, as an act signatures of the Speaker of the House and quires that federal courts on occasion inter- passed by Congress, does not become a law of the President of the Senate. The Court would pret the Constitution in a manner at vari- the United States if it had not in fact been not allow challengers to use the Journal or ance with the construction given the docu- passed by Congress. In view of the express re- other legislative evidence to counter the at- ment by another branch. The alleged conflict quirements of the Constitution the correct- testing signatures. In a very recent decision, that such an adjudication may cause cannot ness of this general principle cannot be the Court, in part, casually adopted this justify the courts’ avoiding their constitu- doubted. There is no authority in the presid- reading of Clark, but it did so in a footnote tional responsibility.’’ Powell v. McCormack, ing officers of the House of Representatives that also ambiguously appears to go beyond 395 U.S. 486, 549 (1969). In that case, the ac- and the Senate to attest by their signatures, that simple explanation. United States v. tion of the House of Representatives in ex- nor in the President to approve, nor in the Munoz-Flores, 495 U.S. 385, 391 n. 4 (1990).6 In- cluding a Member-elect from office was re- Secretary of State to receive and cause to be asmuch as that footnote is relevant here and viewed and overturned, because the Court de- published, as a legislative act, any bill not will be relevant in a subsequent portion of termined that there was a constitutional passed by Congress. this memorandum, we here quote the entire provision governing resolution of the matter, ‘‘But this concession of the correctness of pertinent parts of the footnote. a clause establishing exclusive qualifications the general principle for which the appel- ‘‘[Clark] concerned ‘‘the nature of the evi- that the House had violated. See also United lants contend does not determine the precise dence’’ the Court would consider in deter- States v. Munoz-Flores supra, 495 U.S., 389–396 question before the court; for it remains to mining whether a bill had actually passed (refusing to find a political question bar to inquire as to the nature of the evidence upon Congress. Id. [143 U.S.], at 670. Appellants judicial resolution to whether a revenue- which a court may act when the issue is had argued that the constitutional Clause raising measure did not originate in the made as to whether a bill, originating in the providing that ‘‘[e]ach House shall keep a House of Representatives, as required by the House of Representatives or the Senate, and Journal of its Proceedings’’ implied that origination clause). asserted to have become a law, was or was whether a bill had passed must be deter- Nonetheless, the political-question doc- not passed by Congress. Id., 669–670.’’ mined by an examination of the jour- trine remains alive if restrained in the The challengers asserted that courts nals. .. . The Court rejected that interpreta- courts. For example, in Nixon v. United should recur to the journal required to be tion of the Journal Clause, holding that the States, supra, 113 S. Ct., 735–740, the Court re- kept by the Constitution. Art I, § 5, cl. 3. But Constitution left it to Congress to determine fused to review, using the political-question the Court denied that the journal was the how a bill is to be authenticated as having doctrine, a claim by an impeached federal best, if not conclusive, evidence upon the passed. Id., at 670–671. In the absence of any judge that the Senate had used invalid proce- issue of whether a bill, in the same form, constitutional requirement binding Con- dures in trying him. Under the impeachment was, in fact, passed by the two Houses of gress, we stated that ‘‘[t]he respect due to clause, Art. I, § 3, cl. 6, ‘‘[t]he Senate shall Congress. The purpose of the requirement coequal and independent departments’’ de- have the sole Power to try all Impeach- was not related to this function, and there mands that the courts accept as passed all ments.’’ Under a rule of the Senate, a special was no express requirement in the Constitu- bills authenticated in the manner provided committee of Senators is appointed to ‘‘re- tion relating to this question and others per- by Congress. Id., at 672. Where, as here, a ceive and report evidence.’’ After hearings, taining to bills and joint resolution for in- constitutional provision is implicated, Field the committee submits a transcript and clusion in the journal. These and other mat- does not apply.’’ summary of its proceedings to the Full Sen- ters were left to the discretion of Congress. Should Clark be taken to be simply about ate, which then conducts a trial. Nixon ar- To what should the courts look? what is the ‘‘best evidence’’ that a bill gued that the special-committee procedure ‘‘The signing by the Speaker of the House passed both Houses, then in practically all denied him a trial before the full Senate. Ap- of Representatives and by the president of instances the attesting signatures will be de- plying two standards from the Baker list, the the Senate, in open session, of an enrolled cisive. However, respecting the proposals for Court found that the word ‘‘sole’’ in the bill, is an official attestation by the two a separate enrollment following adoption of clause was a textual commitment of author- houses of such bill as one that has passed a single bill and its division into many bills, ity to the Senate to act alone without court Congress. It is a declaration by the two with these multiple bills being ‘‘deemed’’ to review; further, the Court found the word houses, through their presiding officers, to have passed both Houses, it is possible that ‘‘try’’ in the clause was sufficiently indefi- the president, that a bill, thus attested, has the courts would adopt a different view. Be- nite to cabin the Senate’s discretion, thus received, in due form, the sanction of the cause both Houses have adopted rules that using the lack of judicially-manageable legislative branch of the government, and expressly provide for a separate enrollment, standards factor of Baker. See also id., 738– that it is delivered to him in obedience to deeming, and the attestation signatures, the 739 (referring to other Baker factors). the constitutional requirement that all bills courts could exercise judicial review to con- Superficially, the application of the politi- which pass Congress shall be presented to sider on the merits the rules and their com- cal-question doctrine in this context is con- him. And when a bill, thus attested, receives portment with the Constitution, viewing the trary to INS v. Chadha, supra, 462 U.S., 940– his approval, and is deposited in the public signatures of the two officers as essentially 943. That decision denied that a challenge to archives, its authentication as a bill that has irrelevant in the context of this particular the legislative veto presented a political passed Congress should be deemed complete situation. question, and on the merits the Court went and unimpeachable. As the President has no Adoption of this reading of Clark, with an on to hold that for a congressional measure authority to approve a bill not passed by exception, would not void the rules thus to have legal effect outside Congress it must Congress, an enrolled act in the custody of adopted. It would simply mean that the be acted on bicamerally and when passed in the Secretary of State, and having the offi- courts would review the rules on the merits. identical terms by both Houses must be pre- cial attestations of the Speaker of the House Second, Clark may be read much more sented to the President. The Court provided of Representatives, of the President of the broadly than merely as a best evidence rule. a truncated version of the quotation from Senate, and of the President of the United The paragraph quoted in full above from Clark, which we quoted above, to reject the States, carries, on its face, a solemn assur- Clark does not read as if it is a decision plac- argument that the issue presented a politcal S 4216 CONGRESSIONAL RECORD — SENATE March 21, 1995 question. It did not consider the issue of the fundamental right that is abridged. The con- delegate its legislative power to its Members effect of attesting signatures by the two con- stitutional constraint that is applicable is or its officers and employees. The legislative gressional officers, and it could not have the first section of Article I, which sets a bi- power is a collective one to be exercised by done so because only bills and joint resolu- cameral requirement for the exercise of law- Congress itself and not by delegates. tions are enrolled, signed, and presented to making. But Congress in the proposal does Metroplitan Washington Airports Auth. v. Citi- the President. The simple resolution before not disregard the bicameralism mandate. A zens for the Abagtement of Aircraft Noise, the Court in Chadha was not enrolled, bill in identical form has passed both Houses. 501 U.S. 252, 271–277 (1991). The details of this signed, and presented to the President, and Then, a functionary, the enrolling clerk, fol- revamping remain open for consideration. neither was the concurrent resolution in lows instructions embodied in the rules and In conclusion, we have argued that the question in two-House legislative vetoes.8 separates out of this bill a series of sections deeming procedure may present a political Chadha, thus, was a case in which by stat- identical to the sections contained in the question unsuited for judicial review and ute congressional actions having legal im- larger bill and enrolls these sections into thus that Congress would not be subject to pact outside Congress were provided for in separate bills; these bills are signed by the judicial review. We have considered, on the which, in some instances two-House actions Speaker of the House and the President of other hand, that the courts may find they were authorized, in others one-House ac- the Senate, and these bills are then pre- are not precluded from exercising authority tions, and none of the resolutions or concur- sented to the President for his signatures or to review this proposal. If the proposal is re- rent resolutions was presented to the Presi- his vetoes. viewed by the courts, and even if it is not, we dent. Chadha is, therefore, of no precedential One can readily see that the question is have presented an argument leading to sus- value in this context, although it must be much more narrow than the mere issue taining the deeming procedure as not in vio- considered below. whether Congress can pass a law that has not lation of the principle that a bill, in order to If, under the political-question doctrine, cleared both Houses in identical versions. A become law, must be passed in identical ver- courts will not look behind the attestation bill has passed both Houses in an identical sions by the House of Representatives and signatures of the Speaker and the President version. The separately enrolled bills, taken the Senate. Because of the lack of available of the Senate, then Congress may provide for together, are identical to that initial bill. If precedent, we cannot argue that any of the ‘‘deeming’’ the passage of the separated bills Congress should conclude that this two-step three versions of the argument is indis- without fear of judicial review. This situa- process comports with the constitutional re- putably correct; indeed, there are questions tion does not mean that Congress is free of quirement of bicameral passage of a legisla- about all three. In the end, Congress must constitutional constraints. Members of Con- tive measure, in what way has a constitu- exercise a constitutional judgment when de- gress take an oath, identical to the one tional restraint been breached? ciding on passage of the proposal. taken by judges, to support the Constitution, If the ‘‘deeming’’ procedure is invalid, the JOHNNY H. KILLIAN, Art. VI, cl. 3, and Members of Congress must validity of the deeming feature of Rule XLIX Senior Specialist, determine for themselves that a measure of the House of Representatives is highly American Constitutional Law. upon which they are voting is constitutional, suspect. Under that Rule, adoption by the FOOTNOTES United States v. Munoz-Flores, supra, 495 U.S., House of Representatives of the conference 390–391, just as the President must before he report on the concurrent resolution on the 1 In an older memorandum Killian, Constitutional- ity of Empowering Item Veto by Legislation, CRS, Jan signs a bill. But it does mean that Congress’ budget, or on the concurrent resolution itself 4, 1984, and as shorter follow-up memorandum, Kil- constitutional determination is not suscep- if there is no conference report, is deemed to lian, Constitutional Questions Raised by S. 43 in Estab- tible to judicial invalidation. be a vote in favor of a joint resolution set- lishing Item Veto, Jan, 15, 1985, reprinted in Line Item When Congress studies the constitutional- ting a statutory limit on the public debt, dif- Veto, Hearings before the Senate Committee on ity of a proposal, it performs essentially the ferent than the limit then in effect, and the Rules and Administration, 95th Cong., 1st Sess. same analysis as a court does, and we now joint resolution is engrossed and transmitted (1985), 10–20, we discussed at some length the ques- turn to the issue of the merits. to the Senate. There is no precise equiva- tion of the line-item veto and whether it could be conferred on the President by statute, concluding Third, assuming the inapplicability of the lency between the Rule and the proposal; that only through a separate-enrollment device political-question doctrine, when either a yet, there is sufficient identify to present would such a conferral be valid constitutionally. In court or Congress evaluates the validity of the same constitutional question. those memoranda, we raised and discussed but were the deeming mechanism, what should the de- In some respects, as we briefly touch on unable to decide the questions now being treated. cision be? below, the appropriations committees, and The longer memorandum also appears, in essentially Beyond question is the proposition that a perhaps some legislative committees, may the same form, in Item Veto: State Experience and Its measure must be passed in the same form by have to alter how they report bills that are Application to the Federal Situation, House Committee on Rules, 99th Cong., 2d Sess. (Comm. Pr. 1986), 164. both Houses before it is presented to the to be subject to this process, inasmuch as to 2 E.g., Rappaport, The President’s Veto and the Con- President for his action; no bill not meeting continue the present mode of bill drafting stitution, 87 Nw., U. L. Rev. 735 (1983), which also this qualification can become law. Clark, would require the enrolling clerk[s] to exer- cites a considerable number of articles on both sides supra, 143 U.S. 669–670, INS v. Chadha, supra, cise too much judgment, too much discre- of the issue. 462 U.S., 943, 944–946, 948–951, 956–959. And tion,in breaking down the bills, with the re- 3 Constitution, Jefferson’s Manual and Rules of the that is precisely the question presented by sult that to make sense of some sections des- House of Representatives, H. Doc. No. 102–105, 102d this proposal. A bill has passed both Houses ignated as separate bills, these bills would Cong., 2d sess. (1993), §§ 573–574; 7 L. Deschler’s Prece- dents of the United States House of Representatives, in identical terms, and it is then subdivided not be identical to the bill previously passed. H. Doc. No. 94–661, 94th Cong., 2d Sess. (1977), ch. 24, into a series of bills excerpted out of the This reservation is meant only to suggest § 14. larger bill by an enrolling clerk acting pur- that some separate enrollments might 4 Compare Missouri Pac. Ry. Co. v. Kansas, 248 U.S. suant to the rules of the two bodies. If the present an as-applied constitutional chal- 276 (1919), in which, although it found justiciable an separately-enrolled bills are not again pre- lenge. We are here concerned with the facial issue regarding a congressional rule, the Court de- sented to both Houses for a vote, perhaps an constitutional questions. ferred much more to the legislative construction en bloc consideration, has the bicameralism Issues of validity could also be influenced than it did in Smith. 5 See United States ex rel. Joseph v. Cannon, 642 F.2d requirement been met. in determination by two other factors. That 1373 (D.C.Cir. 1981) (dismissing suit under False That each House has the power to make is, first, Congress is not seeking to aggran- Claims Act based on use of senatorial employees in the rules for its own proceedings is a sub- dize itself or to infringe on the powers of an- political campaigns on the ground that Senate had stantial authority, as Ballin certainly dem- other branch. Instead, the procedure would developed no standards by which court could deter- onstrates. There, the Constitution required a be, in effect, and act of self-abnegation, a mine whether Act had been violated, reserving ques- quorum to do business, but the Constitution giving-up of some degree of congressional tion whether it could enforce Senate rules even if was silent with respect to how a quorum was power and influence in order to enlarge the consensus had been reached), cert. den. 455 U.S. 999 (1982); Ray v. Proxmire, 581 F.2d 998, 1001 (D.C.Cir.) to be determined. Members present declined power and influence of the President and to (finding a Senate rule created no private cause of ac- to answer to a call of the roll to permit a de- lodge in him the burden of deficit reduction. tion and reserving whether a Senate rule ever termination that a quorum was present, and Second, to forestall the argument that Con- could), cert. den 439 U.S. 933 (1978). the House of Representatives simply pro- gress might have invalidly given up too 6 The Court was responding to a concurrence by vided that they would nonetheless be count- much power, might have over-balanced presi- Justice Scalia that adopted a broad reading of Clark, ed. dential power, it must be observed that these in which he would have declined to reach the merits When the House of Representatives or the rules are entirely an internal matter, subject of an origination clause challenge to a law and would have instead accepted the attesting signa- Senate determines its rules of proceeding, to alternation by simple resolution at any tures of the Speaker of the House and the President the Ballin Court instructed us, ‘‘[i]t may not time in either House. There is no irrevocable of the Senate as showing that the bill, bearing a by its rules ignore constitutional restraints conveying away. House of Representatives designation, had in fact or violate fundamental rights, and there Finally, as we suggested above, it may be originated in the House. Id., 408. The origination should be a reasonable relation between the necessary for the appropriations committees clause is Art. I, § 7, cl. 1. mode or method of proceeding established by to revamp the mode of reporting bills. In ad- 7 ‘‘In Coleman v. Miller, [307 U.S. 433 (1939)], this the rule and the result which is sought to be dition to the necessity to achieve identify Court held that the questions of how long a proposed amendment to the Federal Constitution remained attained.’’ Ballin, supra, 144 U.S., 5. Within between the original bill and the separated open to ratification, and what effect a prior rejec- this capacious concept, what provision of the bills, to leave to the enrolling clerk[s] too tion had on a subsequent ratification, were commit- Constitution would the ‘‘deeming’’ provision much discretion might violate the principle, ted to congressional resolution and involved criteria violate? We certainly cannot point to any found in some cases, that Congress may not of decision that necessarily escaped the judicial March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4217 grasp. Similar considerations apply to the enact- that weakened versions of this budget cut- ent. Since 43 states have the line-item veto, ing process: ‘‘The respect due to coequal and inde- ting instrument are almost the equivalent of governors are in the best position to assess pendent departments,’’ and the need for finality and no-item veto at all. The GOP needs to band its value. Some governors, such as Tommy certainty about the status of a statute contribute to judicial reluctance to inquire whether, as passed, it together to block this fraudulent alternative Thompson of Wisconsin, have relied heavily complied with all requisite formalities. [Citing and rally behind the toughest measure pos- on the line-item veto to cut expenditures and Clark, supra, 143 U.S., 672, 676–677; and also Leser v. sible—the Coats-McCain bill. balance the budget. Garnett, 258 U.S. 130, 137 [1922] (applying Clark to Once during the last year of the Reagan The major findings of our survey were as refuse to look behind certifications by two States administration I was asked to testify on the follows: that they had ratified a constitutional amendment; line-item veto before the House Judiciary Sixty-nine percent of the governors de- official notice ‘‘is conclusive upon the courts)]. Committee. It was a miserable experience. 8 See Consumers Union v. FTC, 691 U.S. 575 (D.C.Cir. scribed the line-item veto as ‘‘a very useful 1982), affd. sub nom. Process Gas Consumers Group v. One Democrat after another savaged the idea tool’’ in helping balance the state budget. Consumer Energy Council, 463 U.S. 1216 (1983). as nothing more than a blatant partisan Ninety-two percent of the governors be- power-grab. There message was unmistak- lieve that ‘‘a line-item veto for the president Mr. MCCAIN. Mr. President, I will able: Reaganites are trying to pull an end would help restrain federal spending.’’ read the concluding paragraph and run around the Democrat-controlled Con- Eighty-eight percent of the Democratic urge my colleagues to read the entire gress because they can’t win at the polls. opinion. Mr. Killian obviously is a well- In hindsight, it is understandable why governors believed the line-item veto would known and well-respected specialist on House Democrats thought that way. Repub- be useful. licans seemed to have a permanent electoral Then we asked the governors why they American constitutional law. He states supported or opposed the line-item veto. in the final paragraph: padlock on the White House, while the no- tion of a GOP Congress seemed as improb- Here are some of the more interesting re- In conclusion, we have argued that the able as the Speaker of the House and the sponses we received: deeming procedure may present a political chairman of the Ways and Means Committee Hugh L. Carey, the former Democratic gov- question unsuited for judicial review and being ejected from office in the same year. ernor of New York, said, ‘‘I support the line- thus that Congress would not be subject to How ironic that the first president to snip item veto because it is an executive branch judicial review. We have considered, on the spending with the new veto scissors may well function to identify budget excesses and other hand, that the courts may find they be Democrat Bill Clinton, and he will be em- wasteful items. It is an antidote for pork.’’ are not precluded from exercising authority powered to do so by a Republican-controlled Massachusetts governor William Weld to review this proposal. If the proposal is re- Congress. So much for the partisan power- wrote, ‘‘Legislators love to be loved, so they viewed by the courts, and even if it is not, we grab argument. love to spend money. Line-item veto is es- have presented an argument leading to sus- Now opponents have shifted gears. Today, sential to enable the executive to hold down taining the deeming procedure as not in vio- we hear two new objections to the line-item spending.’’ lation of the principle that a bill, in order to veto—both of which are also wrong. The first Ronald Reagan said, ‘‘When I was governor become law, must be passed in identical ver- argument is that the line-item veto would of California, the governor had the line-item sions by the House of Representatives and involve a huge and unprecedented power the Senate. Because of the lack of available veto, and so you could veto parts of the shift in the direction of the White House. spending in a bill. The president can’t do precedent, we cannot argue that any of the Powerful Senate appropriators Robert Byrd three versions of the argument is indis- that. I think, frankly—of course, I’m preju- and Mark Hatfield are endlessly preaching diced—government would be far better off if putably correct; indeed, there are questions that message. about all three. In the end, Congress must the president had the right of line-item But history disproves it. The line-item veto.’’ exercise a constitutional judgment when de- veto is only a partial restoration of the ciding on passage of the proposal. Mike O’Callaghan, the former governor of rightful budgetary powers of the president, Nevada, and a Democrat, was the most con- I want to repeat, again: which were stripped from the executive cise: ‘‘The line-item veto is a tremendous In the end, Congress must exercise a con- branch by the 1974 Budget Act. That act took tool for saving money.’’ stitutional judgment when deciding on pas- away the president’s right to impound Critics are right when they complain that sage of the proposal. funds—a power that was exercised routinely the line-item veto won’t balance the budget. by every president from Thomas Jefferson There will be views expressed by my But a useful way to determine potential through Richard Nixon. Jefferson first em- budget savings from the line-item veto is to colleagues that, indeed, there is a ques- ployed the power to refuse to spend appro- tion about constitutionality, and they look at rescissions that have been ignored by priated funds in 1801 when he impounded Congress in recent years. If those had been may argue that that is a reason for op- $50,000 for Navy gunboats. approved, savings would have been $5 billion The Founders believed that the president, posing this legislation. I will respect to $10 billion a year in less shark research, as the head of the executive branch and their views. I, however, will not agree. lower sugar subsidies, and fewer grants for therefore responsible for executing the laws Mr. President, in this morning’s obscene art. and spending taxpayer funds judiciously, had Washington Times, there is an article And for those who still doubt the virtue of unilateral authority not to spend money ap- the line-item veto, perhaps the most compel- by Mr. Stephen Moore, who is the di- propriated by Congress if that spending was ling case for this surgical tool is made by rector of fiscal policy studies at the unnecessary. Messrs. Byrd and Hatfield. Their violent op- Cato Institute. As we all know, the Impoundment was an extremely powerful position should provoke a deep appreciation Cato Institute is a well-regarded orga- White House authority that was exercised for the value of these new fiscal scissors. nization and one that is dedicated to often for nearly 200 years. Presidents Roo- many causes, including fiscal respon- sevelt, Kennedy, Johnson and Nixon used the Mr. MCCAIN. Mr. President, Mr. sibility. impoundment power rountinely—and in Moore’s article begins: Mr. President, I will read some parts some years used it to cut federal appropria- This week the Senate begins debate on the tions by more than 5 percent. In one year, of this article because I think it is im- line-item veto for the President. Taxpayers Richard Nixon impounded more than 7 per- have been demanding this act of fiscal sanity portant, and I ask unanimous consent cent of domestic appropriations. that this article be printed in the for at least 15 years. In 1974 Congress stripped the president of Now, there they go again. Just when it ap- RECORD. his lawful impoundment powers and instead peared that the line-item veto would become There being no objection, the article gave him two very weak substitutes: the de- a reality, several moderate Senate Repub- was ordered to be printed in the ferral and rescission authorities. But rescis- licans are lining up with liberal Democrats sions require Congress affirmatively to ap- RECORD, as follows: to submarine the effort by insisting upon a prove a presidential request not to spend [From the Washington Times, Mar. 21, 1995] line-item veto with a dull blade. money. Most rescissions are simply ignored SHARPENING THE BUDGET SCISSORS by Congress and never even voted on. Thus Mr. Moore wrote this article before (By Stephen Moore) through congressional in action, they are we, all 54 Republicans, agreed to vote This week the Senate begins debate on the killed. Twenty-six billion dollars of Ronald for cloture to cut off debate on this line-item veto for the president, Taxpayers Reagan’s rescissions were slain in that fash- issue. have been demanding this act of fiscal sanity ion. Yet the experience of the States—where 43 for at least 15 years. The second criticism of the line-item veto Governors have line-item veto authority—in- Now, there they go again, Just when it ap- is that it won’t affect the level of spending dicates that weakened versions of this budg- peared that the line-item veto would become or the debt. To test that supposition, the et-cutting instrument are almost the equiva- a reality, several moderate Senate Repub- Cato Institute recently surveyed 118 gov- licans are lining up with liberal Democrats ernors and former governors about what lent of no-item veto at all. The GOP needs to to submarine the effort by insisting upon a budget process measures Washington should band together to block this fraudulent alter- line-item veto with a dull blade. Yet the ex- adopt to help balance the budget. Sixty- native and rally behind the toughest meas- perience of the states—where 43 governors seven of the respondents were Republicans, ure possible—the Coats-McCain bill. have line-item veto authority—indicates 50 were Democrats, and one was an independ- He goes on to say: S 4218 CONGRESSIONAL RECORD — SENATE March 21, 1995 Now opponents have shifted gears. Today, 43 States have the line-item veto, Governors challengeable. If the latter, the President we hear two new objections to the line-item are in the best position to assess its value. would be well advised to bring such suit veto—both of which are also wrong. The first Some Governors, such as Tommy Thompson against the next omnibus bill. argument is that the line-item veto would of Wisconsin, have relied heavily on the line- Mr. President, there have been about involve a huge and unprecedented power item veto to cut expenditures and balance shift in the direction of the White House. the budget. 3 days of debate now. We are going into Powerful Senate appropriators . . . are end- The major findings of our survey were as our 4th day. I have talked a great deal. lessly preaching that message. follows: The other side of the aisle has not cho- But history disproves it. The line-item Sixty-nine percent of the Governors de- sen to talk too much about it. I urge veto is only a partial restoration of the scribed the line-item veto as ‘‘a very useful my colleagues to take note of the fact rightful budgetary powers of the President, tool’’ in helping balance the State budget. that we are now open for amendments. which were stripped from the executive Ninety-two percent of the Governors be- If there are amendments, I urge my branch by the 1974 Budget Act. That act took lieved that ‘‘a line-item veto for the Presi- away the President’s right to impound dent would help restrain Federal spending.’’ colleagues on both sides of the aisle to funds—a power that was exercised routinely Eighty-eight percent of the Democratic bring forth those amendments so they by every President from Thomas Jefferson Governors believed the line-item veto would can be debated and voted on. And as I through Richard Nixon. Jefferson first em- be useful. said, again, it is the intention on this ployed the power to refuse to spend appro- Then we asked the Governors why they side of the aisle expressed by the ma- priated funds in 1801 when he impounded supported or opposed the line-item veto. jority leader to dispose of this issue $50,000 for Navy gunboats. And some of the responses were very this week by means of cloture votes. At Mr. President, time after time on interesting. the same time, as to any substantive this floor, and I am sure during the I will not go through all of those an- amendments and proposals, I believe course of this debate I will point out swers, Mr. President except to say the there is sufficient time for them to be again, it is not a coincidence that up article concludes by saying: considered and voted on. until 1974, revenues and expenditures Critics are right when they complain that I note the presence of the Senator on the part of the Federal Government the line-item veto won’t balance the budget. from Nebraska in the Chamber. basically were in sync. There were But a useful way to determine potential Mr. President, I yield the floor. times of war when we ran up huge defi- budget savings from the line-item veto is to Mr. EXON addressed the Chair. cits, but after those emergencies sub- look at rescissions that have been ignored by The PRESIDING OFFICER. The Sen- sided, we again brought the budget into Congress in recent years. If those had been ator from Nebraska is recognized. balance. It was in 1974 when the two approved, savings would have been $5 billion to $10 billion a year in less shark research, Mr. EXON. I suggest the absence of a began to diverge to an incredible de- lower sugar subsidies, and fewer grants for gree. quorum. obscene art. The PRESIDING OFFICER. The I want to point out again, and it is And for those who still doubt the virtue of not coincidental, in 1974, the entire an- the line-item veto, perhaps the most compel- clerk will call the roll. nual deficit for that year was $6 billion. ling case for this surgical tool is made by The legislative clerk proceeded to The entire national debt was $483 bil- [others]. Their violent opposition should pro- call the roll. lion. Now in 1994, the annual deficit is voke a deep appreciation of the value of Mr. MCCAIN. Mr. President, I ask these new fiscal scissors. $203 billion, about half of what the unanimous consent that the order for overall accumulated debt was, and the Mr. President, I wish to address for a the quorum call be rescinded. estimate of the total debt between 1974 moment the issue of the constitu- The PRESIDING OFFICER (Mr. and 1996 has risen from $483 billion to tionality of several issues that are INHOFE). Without objection, it is so or- $5.299 trillion. raised here, and there are a number of dered. There is a direct correlation between them. I will save some of them, but I Mr. MCCAIN. Mr. President, I yield the passage of the Budget Impound- wish to talk about the aspect of the to the Senator from Tennessee. ment Act of 1974 and the exploding def- constitutional objection, the objection The PRESIDING OFFICER. The Sen- icit and annual deficit and debt. that it is unconstitutional because it ator from Tennessee. would change the Constitution, specifi- The Founders believed that the President, Mr. THOMPSON. Mr. President, first as the head of the executive branch and cally the veto power, by act of Con- of all I want to thank the Senator from therefore responsible for executing laws and gress. The response is as follows: Arizona, along with the Senator from spending taxpayer funds judiciously, had Article I, Section 5 of the Constitution per- Indiana, who has shown such leader- unilateral authority not to spend money ap- mits this procedure. Nothing in article I, sec- ship in this area for so many years. I propriated by Congress if that spending was tion 7 is violated by this procedure. Under welcome the opportunity to assist in unnecessary. this proposal, all bills must be presented to the effort. Impoundment was an extremely powerful the President. He may sign or veto all bills. White House authority that was exercised He must return vetoed bills with his objec- Mr. President, the debate is now often for nearly 200 years. Presidents Roo- tions. Congress may override any veto with a joined on the line-item veto and we are sevelt, Kennedy, Johnson, and Nixon used two-thirds majority of each House. hearing the arguments for and against. the impoundment power routinely—and in Under article I, section 5, Congress pos- It has been joined before. It has been some cases used it to cut Federal appropria- sesses this power to define a bill. Congress discussed many times in this body. tions by more than 5 percent. In 1 year, Rich- certainly believes that it possesses this Hopefully, this time it will pass. I ard Nixon impounded more than 7 percent of power since it and it alone has been doing so think the time has come. The Amer- domestic appropriations. since the first bill was presented to the first ican people demand it and the country In 1974, Congress stripped the President of President in the first Congress. If this con- his lawful impoundment powers and instead struction of article I, section 5 is correct, the needs it. gave him two very weak substitutes: the de- definition of a bill is a political question and It has been said that the line-item ferral and rescission authorities. But rescis- not justiciable. ‘‘Prominent on the surface of veto or enhanced rescissions will not in sions require Congress affirmatively to ap- any case held to involve a political question and of itself balance the budget. And prove a Presidential request not to spend is found a textually demonstrable Constitu- that is certainly true. It will require a money. Most rescissions are simply ignored tional commitment of the issue to a coordi- President who is willing to use the tool by Congress and never even voted on. Thus nated political depart.’’ Baker v. Carr, 369 that is given to him, and use it firmly. through congressional inaction, they are U.S. 186 (1962). ‘‘A textually demonstrable killed. Twenty-six billion dollars of Ronald constitutional commitment’’ of the issue to And, I might add, it will also require a Reagan’s rescissions were slain in that fash- the legislature is found in ‘‘Each house may President who will not use it simply to ion. determine the Rules of its Proceedings.’’ If reprioritize his own programs over The second criticism of the line-item veto Congress may define as a bill a package of those programs of the Congress. is that it won’t affect the level of spending distinct programs and unrelated items, it But while we are debating the likely or the debt. To test that supposition, the can define distinct programs and unrelated effectiveness of this issue, I think it is Cato Institute recently surveyed 118 Gov- items to be separate bills. Either Congress important that we remember why we ernors and former Governors about what has the right to define a bill or it does not. budget process measures Washington should Either this proposal is constitutional or the are engaging in this debate at all, why adopt to help balance the budget: 27 of the recent practice of Congress in forming omni- the line-item veto is brought up again respondents were Republicans, 50 were bus bills containing unrelated programs and year after year in this body, the reason Democrats, and 1 was an Independent. Since nongermane items is constitutionally for its overwhelming popularity among March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4219 the American people and even the rea- spending measures made a little bit and the value of the dollar. My distin- son that for many people in this coun- more difficult—not to make them im- guished colleague from Colorado, Sen- try it has now become a virtual battle possible—to make them a little bit ator BROWN, demonstrated recently in cry. more difficult by requiring Congress to stark relief before the Senate Banking Mr. President, the short answer is come up with a two-thirds majority Committee the fall of the value of the that it is because we as a people are vote if they want to pass it. I suggest dollar against the yen and the mark struggling mightily in this country, to you that this is, indeed, a modest when the President announced the some might even say desperately, for proposal in light of the dire economic Mexican bailout. But more impor- ways to restrain Congress from irre- circumstances that we find ourselves in tantly, he showed the clear and unmis- sponsible spending, for ways to stop as a nation. takable drop in the dollar’s value when Congress from continuing down the And so for the second time in less the balanced budget amendment was road of fiscal irresponsibility and the than a month, we come together on the defeated in the Senate of the United eventual bankruptcy of the United floor of the Senate to debate whether States. That drop occurred for only one States of America. or not we have the courage to take the reason—one reason and one reason only Congress, in times past, has shown first step toward economic responsibil- —and that is that the world’s investors that it cannot restrain itself. We con- ity and recovery or whether, once lost faith in the political leadership of tinue to look at $200 billion deficits again, we are going to fail ourselves, this country to act as wise stewards of every year as far as the eye can see. We fail our constituents and fail the next America’s Treasury. have debated in this body, over a pe- generation. We simply must do better. That loss of confidence, manifested riod of 60 years or more, the need for a For 33 of the last 34 years, the Fed- by the recent drop in the dollar, will balanced budget. We have reached al- eral Government has run deficits and have an inflationary impact on our most unanimous consensus, even in the our elected officials have not had the economy. Goods will become more ex- debate over the balanced budget will to change that course. Our Federal pensive as the price of imported com- amendment, that, yes, indeed, we must Government has run a deficit every ponents rise. Americans traveling move toward a balanced budget, we year for the past 25 years—an entire abroad will find it to be increasingly must exercise some fiscal restraint. generation—and we have not taken expensive. Finally, the drop in the dol- Year after year over that period of steps to break this insidious, this per- lar’s value will likely cause interest time, we have passed resolutions call- sistent pattern. It took our Nation rates to rise and further exacerbate our ing for a balanced budget. We have re- more than 205 years to reach a $1 tril- budget deficit. quired the President to submit budgets lion national debt, but it only took an- We are deluding ourselves if we think to Congress that were in balance. We other 11 years to quadruple it. And still that simply because of our great even passed a law in 1979 making it the we lack the will. wealth and natural resources that we law of this land that the budget be bal- Now, for the next 5 years at least, the are immune from economic loss and anced by 1981. And, of course, when 1981 President has proposed annual budgets that our reputation for economic sta- rolled around, another substantial defi- in excess of $200 billion a year. This bility and growth will make us im- cit. Even our own laws were ignored by means for the next 5 years, the Nation mune. We cannot continue to draw on us. will accumulate another trillion dol- this much foreign investment to fi- In 1981, Congress was concerned, the lars of debt, debt that is stifling invest- nance our deficit indefinitely, and we entire Nation was concerned, as the de- ment, cutting into productivity, debt only have to look to our neighbors to bate turned toward the fact that we that has changed us from a creditor na- the south to give us some indication of were approaching a $1 trillion debt in tion to a debtor nation. what can happen. this country. Those were dire cir- Our economic growth has been ane- Mr. President, we are all aware that cumstances. mic and one day surely, as night fol- we have a system of checks and bal- Now we are approaching a $5 trillion lows day, if we continue this course of ances in this country, a system of sepa- debt. Not only have we failed legisla- action, America will decline as a great ration of powers, and that there is a tively, Mr. President, but we have power. The first warning shot of that constant pulling and tugging between proven that we cannot restrain our- decline perhaps has already been fired. the executive and the legislative selves by means of a constitutional I am sure that we have all noted with branches of Government for power and amendment. The balanced budget concern the precipitous drop in the dol- authority, and sometimes in our his- amendment failed in this body, even lar against the German mark and the tory, even ascendancy. This is right though it enjoyed the overwhelming Japanese yen since the failure of Con- and proper because this was one of the support of the American people. gress to pass the balanced budget most fundamental parts of the frame- Appeals to self-interest and fear and amendment. I submit to you that this work that our Founding Fathers put shortsightedness carried the day once is no accident. For decades, the U.S. together in the operation of our Gov- again in this body. Social Security, the dollar has been the standard against ernment. last refuge of those in Congress who which the value of all other currencies Some say that the line-item veto panic at the very thought of putting in this world are measured. For many would give too much authority to the the lid on the pork barrel, was trotted nations, it has served as a reserve cur- President and take that system out of out once again, even though we all rency. As such, the dollar is used as a balance in favor of the President. How- know that the greatest threat and the storehouse of value in exchange for ever, I think that in viewing history only threat to Social Security is to goods and services the world over. In- that we must conclude on the contrary continue down the road of deficit vestors buy the dollar because the U.S. that the current legislation before this spending, is to do nothing and main- economy has had a long reputation for body would bring things more into bal- tain the pattern that we have main- reliability and for stability. Important ance. tained in this Congress for so many commodities, such as oil, are priced in In fact, the 1989 report of the Na- years, because we all know within a dollars. Any country that wishes to im- tional Economic Commission has sug- few years, it is going into the red and port oil must pay in dollars. We have gested that ‘‘the balance of power on we must have the farsightedness to ad- been fortunate in this respect because budget issues has swung too far from dress that now. of the high value placed upon the dol- the executive toward the legislative This is part of what we are about lar in making it attractive as an in- branch.’’ today, Mr. President. Now, having vestment vehicle and, thus, giving us Virtually all Presidents have im- failed legislatively, having failed to our ability to, in large part, finance pounded funds as a routine matter of adopt a constitutional amendment, the our national debt with foreign dollars. their executive discretion to accom- American people are saying that we When our debt was a small percent- plish what they believe is efficiency of should at least give the President of age of the gross national product, we management and Government. In the the United States the opportunity to could afford deficit spending and the 1950’s and 1960’s, disputes arose over have the most egregious, the most un- inflation that it produced, but now our the impoundment authority—in fact, necessary, and the most wasteful mounting deficits scare away capital disputes have gone back much further S 4220 CONGRESSIONAL RECORD — SENATE March 21, 1995 than that—but during that particular I think what we now have is a true volvement with the appropriations period of time in our history, which re- bipartisan piece of legislation. It rep- process, with the tax writing process, sulted from the refusal of several Presi- resents already much compromise and with the entitlements process, with the dents to fund certain weapons systems, much accommodation to the legiti- spending process of this Congress. for example, to the full extent author- mate concerns that have been ex- We took an idea, a concept that has ized by Congress. President Johnson pressed by Members on both sides of been discussed, as I indicated on this made broad use of impoundment au- the aisle. Now I think it represents a floor yesterday, for nearly a century, thority during his administration by real opportunity to finally inject some that is enjoyed by 43 Governors, that deferring billions of dollars on spend- discipline into the budgetary process. has been called for, asked for, re- ing in an effort to restrain inflationary It has been needed for a long time. It quested by, with one exception, every pressures on the economy during that does some things, from my understand- President of this entire century. period of time. ing and review of the history, which The request is simply to allow the Conflict over the use of impoundment have not been done before, which have President a check and balance against has greatly increased, of course, during not been submitted at this stage of the a practice that Congress has been en- the Nixon administration. A morato- process before. For instance, it covers gaging in which allows Members of the rium was placed on many things that any increase in any budget item. There legislative branch to attach to major are currently on the table again and has been criticism in times past that pieces of legislation, most of which being debated and discussed. Ironically proposals have only covered discre- they are pretty confident the President enough, subsidized housing programs, tionary spending. And as we all know, has little or no choice of signing, spe- community development activities, discretionary spending is becoming a cifically targeted items, specifically certain farm programs—all were either smaller part of the overall budget—I designated items that go to provide a suspended or eliminated altogether think now down to around 16 percent. benefit for a particular class of individ- during that period of time by President This proposal would also cover manda- uals, small group of individuals, which Nixon. tory spending. As far as the future is cannot be defined in any sense in the However, by 1974, the Congress of the concerned, it also reaches targeted tax national interest. United States found not only a weak- benefits that have the practical effect ened President Nixon because of Water- of giving tax breaks to limited groups It may have been something that was gate but, because of that same scandal, of taxpayers. generally accepted and overlooked in a weakened Presidency, and employing Now, this is an opportunity that we the past as we were running budgets a vacuum, Congress moved in and as- cannot afford to miss. Following on the which were roughly in balance. It was serted itself and responded by passing heels of the agonizing and divisive de- seen as a way of, I guess, making the the 1974 Budget Control and Impound- feat of the balanced budget amend- process work here: You support this for ment Act, which greatly diminished ment, the 104th Congress needs to re- me; I will support that for you, or I the President’s authority to impound cover and go on down the road, Mr. need to take this back home to let the funds. President. There is much that this constituents know that I am looking So while this may be only one of Congress can accomplish if it does not out specifically for them. many reasons—and it certainly is—I dissolve into shortsightedness and par- At a time when our annual deficits think it not inappropriate to point out tisan bickering. This is a time and a are running $200 billion or more, at a that since that time, we have not had place and a legislative proposal where time when our national debt is reach- a balanced budget in this country. we can come together and put that to ing staggering proportions, nearly $5 Since the President’s rescission now an end. If it is true that every journey trillion, we can no longer afford to does not go through unless Congress starts with one step, then let this practice business as usual. The vote actually votes within 45 days to sup- measure before us serve as that first which will eventually occur on this port him, few rescissions actually step toward real budgetary reform. item is a vote for one of two courses. occur anymore. I yield the floor. One course is business as usual. The According to the General Accounting Mr. COATS. Mr. President, I thank other is for a change in the way busi- Office, in the past 20 years since this the Senator from Tennessee for his ness is done, for a discarding of the sta- Budget Act was passed, there have been statement in support of the line-item tus quo. 1,084 Presidential rescissions reflecting veto. He has only been here a few For my colleagues who are in the a total of $72.8 billion. Congress has months, but already he has been a pow- process now of studying the final pro- agreed with only 399, or about 23 billion erful voice for change in this institu- posal that was put forth and is the re- dollars’ worth. tion. It is change which I believe the sult of several weeks of negotiations, That is why we are here today to con- taxpayers and constituents that we let me just explain that it is not all sider this legislation, to finally put represent called for in the November that complicated. It is only five pages some teeth into the rescission process. elections. They want a change in the and one line of language which essen- After 20 years in which we have man- way we do business. They want a tially takes the line-item veto con- aged to cut only about $1 billion a change in the way Congress represents cept—that is, the two-thirds vote that year, time for amending the 1974 act, I them, a change in the mechanics. They is necessary to override a decision of submit, is long overdue. We must fi- are tired of hearing promises delivered the President of the United States nally provide some recourse for the Na- from this floor over and over and over which will be granted to him, the au- tion’s Chief Executive to reduce spend- again that, yes, give us another thority of which will be granted to him ing that is actually sinking America chance; we will do better next time. to line-item out specific spending re- $200 billion more in debt. This legisla- What we are seeking to do with this quests or items that increase spending, tion obviously is not a cure-all or a line-item veto proposal is change fun- send them back to the Congress, and if panacea, not for everything that ails damentally the way we make decisions the Congress wants to reinstate those, us. In reality, it is perhaps little more and the way that we spend taxpayers’ it will require a two-thirds vote. than a few sandbags in the dike. But it dollars. The effort that Senator That is the core concept of line-item is a beginning. It is a movement by MCCAIN and I and others have been veto—veto, the process of overriding a Congress in the right direction for a working on for so long appears to be decision, that process which involves a change. It is a step forward. reaching a point where we will be mak- two-thirds vote, and it is embodied in Mr. President, the current legislation ing a final decision as to whether or the Constitution of the United States. is a result of many years of hard work not we will bring that fundamental We are incorporating that into this by many people. I have already recog- change to this body. process. We are then applying that nized Senator MCCAIN, Senator COATS, The substitute which Senator DOLE principle of two-thirds to the various Senator DOMENICI, and others who have offered last evening on this floor was functions of spending that take place worked on this so hard—Senator STE- the result of days and weeks of some as we write legislation. VENS on our side and several from the very tough negotiations involving Originally, the McCain-Coats pro- other side of the aisle. Members who have had a history of in- posal only addressed appropriated March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4221 items, items that came out of the Ap- that often are added somewhere along whole but only goes to benefit a par- propriations Committee that affected the line in the tax-writing process and ticular individual or a particular en- discretionary spending. As Senator go, not to benefit a large group, but go tity. It is that process which will, I be- STEVENS has correctly pointed out, we to benefit a very specific targeted in- lieve, prevent most of what has taken were targeting then the line-item veto terest. place in the past that we find so egre- procedure to too narrow a slice of So the bill has been expanded consid- gious. So we will never be able to total spending. We were applying it to an erably. It has a much broader scope up the amount of money that we have area under the control of the Appro- than it had before. It applies a dis- saved for our constituents and for the priations Committee, which admit- cipline to the process that is currently taxpayer because the line-item veto tedly carried what most would describe not available. It has a provision under will have accomplished its purpose—its as pork-barrel, pork-spending items, the tax provision and has a provision purpose being to prevent this kind of but which only went to a portion of our available to Senators that, if they do activity from taking place in the first entire budget. Senator STEVENS sug- not agree with the way in which a bill place; to prevent the kind of embar- gested that that ought to be expanded, is brought forward and enrolled and rassment that we go through on an an- and we looked for ways to do that. In- think there is something that has been nual basis when we discover the items terestingly enough, we reached back excluded, they can raise a point of that have been slipped into the appro- into a process that has been debated at order on this floor. Under that point of priations bills, slipped into legislation, length on this Senate floor. It goes order they can subject that particular slipped into tax bills at the last minute back a decade or more. item to the separate enrollment proce- in conference, behind closed doors, late We reached back to a process which dures which would allow it then to be at night, and then presented in a mas- has been suggested by prominent mem- subject to the line-item veto of the sive bill with a limited time period for bers of the Democrat Party, led by President. debate in the House of Representatives committee chairmen who have elo- So, if a Senator does not believe that and an urgency because of the end of quently debated the rationale behind new entitlement spending or targeted the session or whatever might occur— the need for the process called separate tax benefits have been fully identified the urgency to get the legislation on enrollment but which also can be de- in a reported tax bill or an appropria- the President’s desk and signed. scribed as line-item veto, and we used tions bill, the Dole amendment pro- The President then looks at this that as the basis for putting together vides a means by which those Senators massive bill and says: Ninety or nine- this new legislation that was intro- can challenge the bill. If the Senator’s ty-five percent of what is in here is duced yesterday evening by the major- point of order is sustained, the relevant what is beneficial to this country, what ity leader, Senator DOLE. We took that committee would then have to flush I want to support. But you are forcing process and we applied it to a broader out or pull out that particular provi- me—as President Truman said, ‘‘black- range of spending, so now not only will sion and enroll it separately before the mailing me’’—into either accepting the appropriations bills be subjected to bill could be in order on the floor. whole bill with the egregious provi- line-item veto, but we will also subject So we have addressed that question sions or rejecting the whole bill. And other portions of the budget to line- that has been raised about: What if the the emergency we are under, the time- item veto. We have included direct ex- bill slips something in but does not frame we are under, requires that I penditures, expenditures of dollars, separately enroll it and a Senator be- have little choice except to not reject that occur outside the appropriations lieves it should be separately enrolled? the whole bill. bills, including the appropriations bill We provided a process for that. That is what we are offering here process but also go to authorizations Finally, let me state, because the today. I trust my colleagues will look which provide for new spending. questions have been raised: We are not at it carefully. I hope we can gain their We have expanded it to new entitle- exactly sure how all this will work and support. It has the support of the spon- ments. We are not changing the law in we are a little bit nervous about the sors of the bill and the vast majority of terms of benefits that are currently authority we are giving to the Presi- Republicans. It has support, I believe, available under the law to new enroll- dent; should we not test the idea? I of Democrats who have been prominent ees or to current enrollees within the suggest the idea has been tested. It has in helping us advance this concept. And entitlement programs, but we are say- been tested for a century by our Gov- we look forward to advancing it, hope- ing, if there is an attempt to expand ernors in working with our legisla- fully, this week, and putting it on the that program as it currently exists tures. But in order to accommodate President’s desk soon—something we into new spending, then it will be sub- that concern, we have put a sunset in should have done a long, long time ago. jected to the President’s new author- this bill so Congress can revisit this Madam President, with that I yield ity, should this bill pass, new authority new authority, can examine it on the the floor. to line-item veto that. basis of how it applies, and if it wants The PRESIDING OFFICER. The Sen- Again, Congress could come back and can modify it or, of course, even repeal ator from New Jersey. with a two-thirds vote override the it. So it does contain a sunset. It will Mr. BRADLEY. Madam President, I President’s decision, but obviously it provide a test period to see how well it offer my congratulations to the distin- will be much harder for Congress to works. guished Senator from Indiana on the enact new spending. And we have ex- Madam President, I suggest we will bill that has come before the Senate, panded this to include what we call never know how fully effective the the new line-item veto bill. Many of targeted tax benefits. There is tax pork line-item veto power to the President the provisions in the line-item veto bill as well as spending pork. Often what is will be, in terms of accomplishing real that is before the Senate are provisions described as the pork barrel involves spending cuts, because it will fun- that were embodied in the original bill not just appropriated items but tax damentally change the way we think that I introduced and the distinguished breaks targeted for specific groups of and behave. That fundamental change Senator from Indiana cosponsored. The people, specific individuals, a specific will mean that items which would have Dole bill does include a sunset provi- business entity within a broader group, been attached to appropriations bills or sion, as I understand it. After 5 years so it is directed to help a particular would have been incorporated in the we will be able to see whether this bill targeted group, not the group as a tax bills will not be, because of the fear actually does tip the balance between whole. that they will be exposed to public the executive and the legislative This would not allow the President scrutiny before it finally becomes law. branches of Government. It, as I under- to veto a broad tax deduction on the It is shining the light of public scru- stand it, also includes separate enroll- books, or a broad tax provision such as tiny on our debate, on how we write ment, which is the way the bill deals mortgage interest deductions, such as our legislation, and it is requiring a with the constitutional question in ad- real estate tax deduction, such as some separate vote by Members in support of dition to the sunset. of the deductions that Americans now or in opposition to a particularly tar- The bill, as I understand it, also in- enjoy under the Tax Code. But it would geted item that does not benefit the cludes tax expenditures and does so in go to those specifically targeted items national interest or the group as a a way that is broader than the original S 4222 CONGRESSIONAL RECORD — SENATE March 21, 1995 House bill. As I understand it, it essen- allel what the Senator from New Jer- fine it, we have a product that I think tially says that the President can veto sey has tried for so long to accomplish. the majority can support. tax expenditures that have the prac- So we look forward to working with The issues, of course, were the two- tical effect of benefiting a particular him. I thank him for his support. thirds override: What kind of authority taxpayer or limited class of taxpayers Madam President, I suggest the ab- would the President have in the ability when compared with other similarly sence of a quorum. to veto and in our ability to react to situated taxpayers. While there is some The PRESIDING OFFICER. The that veto? I think it has to be a tough ambiguity, I take this provision to clerk will call the roll. vote, a supermajority vote. The idea of have a broad interpretation. The assistant legislative clerk pro- a simple majority, while I supported a I might offer an amendment during ceeded to call roll. concept like that a year ago, now the course of the debate to clarify that Mr. EXON. Madam President, I ask clearly, if we can get the tougher ver- this provision should be interpreted unanimous consent that the order for sion, we ought to do so. broadly, or I might through the course the quorum call be rescinded. The idea of separate enrollment or of the debate, in hearing what other The PRESIDING OFFICER. Without rescission is an issue that has been dis- Senators say about it and my own in- objection, it is so ordered. cussed. To extend the line-item veto terpretation of the amendment, decide f authority in new, direct entitlement not to offer such an amendment. But I RECESS spending as well as appropriations is do think that it is a step far in the another issue that we had to work our right direction. This is really an oppor- The PRESIDING OFFICER. Under way through. And, of course, to extend tunity to bring tax expenditures into the previous order, the hour of 12:30 the targeted tax benefits, again, is an- the line-item veto in a significant way, p.m. having arrived, the Senate will other one of those issues that I am ex- and allow the President of the United now stand in recess until the hour of tremely pleased to see that we have 2:15 p.m. States not only to veto those pork been able to deal with. Thereupon, at 12:32 p.m., the Senate projects that are in the appropriations Let me first talk about the majority recessed until 2:16 p.m.; whereupon, the process but also to look at every tax versus the two-thirds override which is Senate reassembled when called to bill that often is dotted with special in- really at the heart of all of this. It is terest provisions or attempts to expand order by the Presiding Officer [Mr. the heart of the division of authority special interest provisions that are al- ABRAHAM]. and responsibility and the power asso- ready in the Code and strike those f ciated with that authority. As I have lines with a line-item veto. mentioned, I have supported both ap- So, Madam President, when we have LEGISLATIVE LINE-ITEM VETO proaches in the past, but I have always the cloture vote on Wednesday, I in- ACT argued in doing so it was extremely im- tend to vote for cloture. And I hope The Senate continued with the con- portant that the Congress of the United that we will be able to dispense with sideration of the bill. States pass the strongest possible line- this bill by the end of this week and The PRESIDING OFFICER (Mr. item veto. In fact, as Senator MCCAIN move on to other matters. I think this ABRAHAM). The pending question is read earlier yesterday, that is exactly is an important measure. amendment No. 347 offered by the ma- what the President has now said pub- I look forward to working with the jority leader to the bill S. 4. licly he wants—the the strongest pos- distinguished Senator from Indiana LEAVE OF ABSENCE who has been a good colleague through- Mr. STEVENS addressed the Chair. sible product that the Senate of the out this process. I compliment him on The PRESIDING OFFICER. The Sen- United States or the Congress collec- the bill that has come before the Sen- ator from Alaska. tively can yield. ate. Mr. STEVENS. Mr. President, I have Last year’s House passed a majority Mr. COATS addressed the Chair. to attend a meeting in Delta Junction, override. This year, an overwhelmingly The PRESIDING OFFICER. The Sen- AK, pertaining to Fort Greeley on Fri- bipartisan House, by a majority of 294 ator from Indiana. day, March 24. I ask unanimous con- to 134, passed the two-thirds override, Mr. COATS. Madam President, I sent that I be excused from attendance an important signal from that new Re- want to thank the Senator from New in the Senate from 3:45 on Thursday, publican House. Jersey for his remarks and commend March 23, until the Senate convenes on Now that Senators know we are fir- him for his longstanding efforts on be- March 27. ing with what all of us know are real half of the line-item veto concept. The PRESIDING OFFICER. Without bullet votes, it is an opportunity to get The Senator from New Jersey has objection, it is so ordered. our two-thirds. That is the product at talked to me on numerous occasions The Senator from Idaho. hand now. That is why I am extremely about expanding the original concept Mr. CRAIG. Mr. President, this after- pleased that we can deal with it. of the bill that Senator MCCAIN and I noon I rise in support of S. 4, the Legis- The second issue I mentioned, the have proposed to include—not just ap- lative Line-Item Veto Act. idea of separate enrollment versus re- propriated items but also tax expendi- What is now ongoing is, in my opin- scission—as I say, I have sponsored tures. He, as a member of the Finance ion, the long overdue and what I hope both and cosponsored both because, Committee, detailed for me the process is a historic debate toward resolution whether I was in the majority or of what most would consider tax pork of this very important issue. whether I was in the minority, I have that occurs as tax bills are written. It Let me recognize both Senator COATS always argued that we had to get to is not just the appropriations process. and Senator MCCAIN, as well as Chair- the President’s desk and into his power I am pleased that we could address man PETE DOMENICI and Majority some form of line-item veto. The this issue in this bill as an amendment Leader DOLE, for their willingness to stronger versions were always greatly introduced last evening by the major- work together to bring us to a point of appreciated by this Senator, but at the ity leader. I say to the Senator from compromise that I think has produced same time I felt it was critically im- New Jersey our goal, I believe, is the a line-item veto product in S. 4 that portant that we move the issue. Now same—to address the same items that can pass the Senate, work through the my preferences lie clearly with a he attempts to address. I hope that as conference with the House, and ulti- strengthened rescission approach. It is we debate through this and work mately be placed on the President’s simpler. In enrollment, transmission to through this we can clarify that so desk with the degree of confidence I the President, and at signing of a law, that Members know exactly what we think we now have that he will sign it. it could be used as a scalpel instead of are after. It is hard to get the exact This is one of those items that an the idea of a butcher knife, because re- words in place so that we understand overwhelming majority of the citizens scissions can reduce as well as zero out just exactly how this applies to tax of our country say they agree with. It an item. I think that is the way we items. But I believe that the targeted is certainly something that most Sen- want to handle this. tax expenditures which are targeted in ators have agreed with in principle, But I will vote for a separate enroll- the Dole amendment very closely par- and now that we have been able to re- ment—or I would have, if that had been March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4223 the case. We think that is not going to idea that we are giving something lion there, and pretty soon we are talk- be. back, to me has always been an as- ing about real money. It should not sacrifice the good at tounding attitude on the part of many Interestingly enough, while we might the altar of the perfect. We have in Congress. I simply have argued the forget that, thank goodness, the tax- worked out what can be called near opposite and always will continue to do payers and the American public have perfect on this issue, and I am pleased so. not forgotten it. That is why the line- that all of the Senators came together I believe in a free society it is the item veto constantly over the years to strive to build the compromise. The citizens who govern and not the gov- has increased in popularity as a con- only line-item veto that will become ernment. In this instance, I think we cept and an important device for the law is the one that we can send to a are caught in a debate of that kind of executive branch of Government to conference with the House and work argument when we deal with the dif- have. out our differences on. From what I am ferences. Does it yield exclusive power to the hearing from some of my former col- It is why I support the concept of a President or to the executive branch? leagues in the House, we can get that flat tax and always have. The line-item Absolutely not. But what it does, done now with the work product that veto should extend to the tax side of whether it is a Republican President or we are debating here at this time. the budget, and that is what we are Democrat President, it gives that Separate enrollment was a second- trying to do now. If it is limited to a President the opportunity to single out best approach. That still makes it defi- veto over narrowly targeted tax bene- some of the budgeting and expenditure nitely preferable to the status quo. fits—in other words, tax pork—then we activities that have gone on here on Senator BRADLEY and Senator HOL- ought to look at that. That is what this Hill far too long. The special LINGS have introduced a version of that this ought to do and that is exactly project of the special Senator, knowing concept. The Senate Budget Commit- what we will be attempting to accom- full well that project alone could not tee reported one out several years ago. plish. Generally applicable tax relief, come to the floor and sustain itself The Senate considered a separate ap- like rate reduction, indexing, or deduc- with a majority vote of the Senate it- proach in 1985. It is not mysterious, tions or exclusions that apply to all self, but because it has been tucked last-minute kind of work. It is simply taxpayers who are similarly situated, away in an appropriations bill, because the kind of product that had to be should not be the subject in some in- it was give a little here and get a little looked at as we worked our way from another Senator—that game has stances of a line-item veto. It should through the differences with this kind been played for years. And literally apply only in cases where similarly sit- of legislation. hundreds of billions of dollars have uated taxpayers within a group are tar- Opponents can have it both ways, I been spent for very questionable geted directly and are arbitrarily dealt guess, in their arguments. Some of projects in individual States that with in tax legislation. those who criticized us for defending a should never have been allowed. That Let us debate substance in this in- balanced budget amendment as re- is the goal of a line-item veto. That stance and quit playing the politics of ported from the committee now are alone would save us billions of dollars this. Let us pass a bill and send to the complaining that the committee-re- a year, but that is not the only goal of conference and to the President a docu- ported bill may be changed on the a line-item veto. The other goal is for ment that truly works with the kind of floor. We now have built a majority the President himself or herself to par- consensus so that kind of issue will not issues we deal with and gives the Presi- ticipate directly, to deal with broader have to be worried about or dealt with dent substantive participation in the issues, if they will, to cause the as we work our will in the final debate, processes of budgeting. I hoped what targeting of the debate when it comes moving through cloture, I hope, to happened on the balanced budget to the expenditure of tax dollars in final passage. amendment is not going to happen ways that simply have not been tar- At a policy lunch today the leader, here. It now appears we have been able geted. Leader DOLE, mentioned it was possible to strike a compromise that will allow I have served in State government we could get to a unanimous-consent it. But there is also something else im- where Governors had line-item vetoes. agreement that would not take us portant to remember. Balanced budget I have had to go against a veto, take it through cloture. I hope that will be the amendments require two-thirds votes. to the floor of the State Senate in case. This ought not be a contentious This will require a majority of the Sen- Idaho, and argue why we ought not to debate, or protracted. When an over- ate voting in favor of this. sustain the Governor’s veto in many whelming majority of the American If we had been able to solve the prob- instances. people want their Government to per- lem of cloture, if we have been able to Let me tell you. It really works to form in a certain way, then we ought pass through that now with a unani- refine your thinking. It forces you to to make every effort to get that done. mous-consent agreement—and I hope do your homework. It forces that issue And certainly both Senators MCCAIN we can get there in the next few to the floor in a laser kind of direction and COATS, working with the other hours—let me tell you, it is going to be of the conference or in this instance Senators mentioned, I believe have awfully important in resolving this the Senate’s attention on a given legis- tried to accomplish that. And S. 4, I issue and showing the American people lative issue, a given appropriation think, clearly embodies that kind of ef- the Congress of the United States and issue. All of us who have served here fort on the part of the Senate. the Senate can be responsive to the is- for any length of time know very clear- Extend it to targeted tax benefits, sues at hand. ly that when many of these appropria- the other issue I have mentioned. It is Promoting fiscal responsibility—that tion bills come to the floor they are important to remember that taxing really is the issue underlying all that very large in nature, and the balance and spending are fundamentally dif- we do with the line-item veto. In 1974, on them that has been created is often- ferent kinds of things. When Congress from then until October 1994, the Presi- times very precarious. reduces someone’s tax burden we are dent requested 1,084 rescissions total- So the question of legislative ac- not giving out something that is the ing $72.8 billion. Of the 1,084 rescis- countability, as I have been talking Government’s, although there are some sions, Congress approved 399, or about about, has to be one of the other most here who would like to argue, when we 37 percent. That amounted to $22.9 bil- important issues in bringing about a talk about this kind of thing, that lion or 31 percent of dollar volumes re- line-item veto. As I have said, many of somehow it is taking money away from quested. these appropriations bills involve hun- the Government. I strongly argue tax- Alone, a line-item veto process is not dreds of pages of detail, and it is vir- payers’ money is theirs in the first in- going to be enough to balance the tually impossible for every Senator and stance. It is a majority issue of Gov- budget. But it is widely estimated it for all staff to read every bill, every ernment, when Government decides to can save at least an additional $10 bil- page, every area of fine print. ask the citizens of this country to give lion a year in the current budgeting Certainly, if it has happened to me a certain amount of their hard-earned scenario. To paraphrase Senator Ever- once, it has happened to me many effort in behalf of Government. But the ett Dirksen: $10 billion here and $10 bil- times over the course of my years in S 4224 CONGRESSIONAL RECORD — SENATE March 21, 1995 serving Idaho both in the House and in that he has made over the past several publican leader is that it does have a the Senate to go home and to hold a years in attempting to deal with this. sunset date. town meeting and to have someone Mr. President, I note the Senator Consequently, there will come a time come and say, ‘‘Senator, did you know from West Virginia is on the floor. I when the Senate, if it has learned any- that in that bill you just passed there certainly have no immediate requests thing in the meantime, will perhaps was that provision in it?’’ In all fair- for time at this point. I would be happy make a determination not to go down ness I have to say, ‘‘You know, I did to yield the floor. that fateful path again and renew the not know that. If I had known it, it Mr. BYRD addressed the Chair. life of this measure. I do not denigrate might have changed my vote or it The PRESIDING OFFICER (Mr. those who support this measure. I might have changed the attitude in THOMPSON). The Senator from West know that the distinguished Senator which I dealt with a given issue.’’ That Virginia [Mr. BYRD] is recognized. from Indiana [Mr. COATS] and the dis- is the responsibility that comes about Mr. BYRD. Mr. President, I suppose tinguished Senator from Arizona [Mr. as a result of giving the President the one of the evils that was included in MCCAIN] have long labored in this vine- kind of authority that is now offered in Pandora’s box was the evil of the com- yard, and undoubtedly they believe in S. 4, this very critical piece of legisla- mon cold, and I seem to have been what they are doing. They believe it is tion. stricken with that virus for the the right thing to do for the country Very simply, that is why the Amer- present. and the right thing to do in the effort ican people by an overwhelming major- At last, we have seen unveiled the to get some kind of control over our ity have supported this concept. amendment which is the product of the massive deficits. So I do not in any So as we have worked out our dif- frenetic efforts of our Republican way cast aspersions on them. We differ. ferences in dealing with the style of friends to come up with something of a We differ in our philosophy, I suppose. vote, and the way we handle different line-item veto nature behind which We probably differ in our concept of items that target the President’s at- they could rally a majority of their the Senate and the part that it is to tention and his authority under the Members. Even a cursory examination play in the universe of institutions cre- line-item veto, in all fairness, Mr. of the amendment will compel one to ated by the Constitution. President, I am extremely proud of the say, with, Macduff, ‘‘Confusion now I think it is prudent to reflect with hath made his masterpiece.’’ some care, as I say, on the details of work that we have been able to do and I think it is prudent to reflect with this far-reaching measure. I do find it a what I think will show on the final some care and detail on this far-reach- disturbing proposition to contemplate vote to be a very bipartisan issue. ing measure. I find the transfer of the transfer of power from Congress to One of my voters in Idaho said the power from Congress to the President, the Executive. The power we are talk- other day, ‘‘Well, Senator, do you real- which would occur if this amendment ing about here is the control over the ly think this is the time to give the were adopted and implemented, a dis- purse. I will not belabor the Senate President a line-item veto? I mean he turbing proposition. Mr. President, I with the long history of the people of is a Democrat, you know.’’ I laughed fully realize that when a Senator starts the British Isles, the long history of and said, ‘‘There is no good time, and to talk about the shifting of power the English people, who fought for cen- there is no bad time. I have always sup- from the legislative branch to the exec- turies to bring about the logic of that ported this idea, and if it is good utive branch, his words, in great meas- power over the purse in the hands of enough for Ronald Reagan and George ure, fall upon deaf ears insofar as his the elected representatives of the peo- Bush, it is good enough for Bill Clin- colleagues are concerned. One may ple of England, the reposing of that ton, and all of the other Presidents talk until he is blue in the face, though power over the purse in Parliament. I who will serve after them.’’ Why? Be- he may have lungs of brass and a voice have not sought to belabor that point cause it is good public policy. It is the that will never tire, he simply cannot at this time. I think that that, like al- right thing to give the executive get within the eardrums of a good most anything else one may say on branch of Government because it fine many of the Members of this body if he this subject, would probably go un- tunes, it brings about accountability, happens to be talking about separation heard, even though there may be those and it causes the Congress of the Unit- of powers and checks and balances. with ears who might otherwise listen. ed States and the Senate to do its They pay little or no heed to what is The fact that our Framers drew upon homework in the kind of detail that we being said. Consequently, I daresay the experience of the colonists and the have not been producing in the past. that what I have to say today will States, which in turn had drawn upon In the final analysis, when I men- probably be treated in the norm. That the experience of Englishmen for cen- tioned that 1,084 rescissions that Presi- is, it will not be listened to by many turies, really means nothing in the dents have asked for and the 300-plus Senators. Those who may happen to waiting ears of most of today’s Mem- that we have been able to agree on, and pass by a TV screen and may hear it bers of this body. the tens of billions of dollars that have will nevertheless pay little attention Few people attach any, or certainly been saved, and the more that will be to it. Even if they were to sit in front not very much, significance to the saved by the kind of effort that we are of me here in a chair and listen raptly, checks and balances and separation of involved in today, that is the bottom it would have no impact upon them. powers which our Framers constructed. line. That is the bottom line we all I am sorry to say that we have come Few people attach any significance to strive for. That is why this line-item to such a state in the U.S. Senate that the purpose of that separation of pow- veto embodied in S. 4 is good public we are not disturbed when measures ers. Few understand that that mecha- policy. come before this body the effect of nism grew out of the experiences of I hope that we can work out the nec- which would be to transfer power from centuries of time in the motherland of essary unanimous consent so that we the elected representatives of the most of our forebears. do not have to march down the road of American people, in the legislative So it might be a waste of time to at- a cloture vote and that we can then branch, to the Chief Executive. But tempt to dwell upon those things, ex- bring ourselves to the finality of the that is one thing this is all about. cept if one wishes that the record, debate and final passage. But in the This is not a line-item veto measure. which will last a thousand years, will end, if we cannot, then I will certainly It may be called that, as a duck may be still be read by some, at least, who do support cloture. It is time we bring called a goose or a guinea pig or a work in the research field and may find this issue finally to the floor for debate chicken. But the duck is still a duck, it of interest accordingly. But to most or for a vote, and I hope we can accom- and all may call this a line-item veto of us here today, most of us who serve plish that. who wish to call it that. But it is not in this body, we do not pay much at- I yield the remainder of my time. a line-item veto. Nevertheless, if it is tention to history. History is bunk, as Mr. COATS. Mr. President, I thank enacted, the shift of power will have Henry Ford was supposed to have said. the Senator from Idaho for his com- taken place. The only good thing I can And I gather that most of my col- ments, for his support, and for this ef- say about the amendment that has leagues look at history in about the fort. I appreciate the contributions been offered by the distinguished Re- same fashion. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4225 But the time will come when there my State of West Virginia. They are all To raise and support Armies . . . will be those of posterity who will look different. To provide and maintain a Navy. back and see the record. They will Any high school student who is wor- These people argue about Governors know where the parting took place and thy of graduating from high school un- having the line-item veto, give it to where the delinkage occurred. derstands that the State government the Governors; why not give it to the The power of the purse, which has and Federal Government are two dif- President of the United States? been lodged in the legislative branch ferent things. Each operate in a sepa- To provide and maintain a Navy . . . for over 200 years, would, in consider- rate sphere. The State is supreme in its To make all Laws which shall be necessary able measure, be shifted to the execu- sphere. The Federal Government is su- and proper for carrying into Execution the tive branch, and specifically to the Of- preme in its sphere. Two far different foregoing Powers, and all other Powers vest- fice of Management and Budget. entities, and one is not to be confused ed by this Constitution in the Government of That is where the power is going to with the other. the United States, or in any Department or go, to the Office of Management and The Constitution of the United officer thereof. Budget. States provides certain powers for the And so the Framers deliberately cre- One needs only to recall the words of Congress: ‘‘To borrow money on the ated this system of separation of pow- David Stockman a decade ago when credit of the United States.’’ That is a ers and checks and balances. asked, at the American Enterprise In- power of the Congress. Now, at the State level, the system is stitute Conference on the Congres- Let me read just a few of the section not so clearly and delicately delin- sional Budget and Empowerment Con- 8 powers, section 8 of article I of the eated, as it is at the Federal level. trol Act, what the line-item vetoes ef- Constitution of the United States. There is a system of separation of pow- fect on the Federal deficit would be. In The Congress shall have Power To Lay and ers at the Federal level. There is a sys- a burst of candor, David Stockman re- collect Taxes, Duties, Imposts and Excises, tem of checks and balances at the Fed- plied: ‘‘Marginal, if at all.’’ Mr. Stock- to pay the Debts and provide for the common eral level. One can stand and talk until man amplified his answer by saying: Defense and general Welfare of the United he is blue, until his gills turn blue and ‘‘Line-item veto is about political States. we will still have Senators saying, power and political control. It can be Now not one of the 50 States’ con- ‘‘Well, the Governors have line-item used for lots of things. It would be stitutions have that proviso in it. Not veto; this is just process.’’ Well, it may great for the director of OMB.’’ David one. be just process, but it is part of the Stockman’s words could not be more ‘‘The Congress shall have Power . . . constitutional system of checks and true, and when applied to this amend- To borrow money on the credit of the balances and separation of powers and ment, they hit the nail right on the United States.’’ it is worth fighting over. head—right on the head. ‘‘The Congress shall have Power . . . I cannot conceive of a reelection for There are those who say, ‘‘Well, the To regulate Commerce with foreign the U.S. Senate being so close that I States have the line-item veto. Why Nations, and among the several States, would be defeated because I voted not give the President the line-item and with the Indian Tribes.’’ against the line-item veto. I cannot veto?’’ Not one of the 50 States, not one, pro- conceive of that, and if it is, then so be There are those who, as former Gov- vides that power upon the government it. I believe, having taken an oath to ernors, say, ‘‘I had the line-item veto of the State. support this Constitution 13 times in when I was Governor. Why not let the ‘‘The Congress shall have Power . . . going on 49 years now, I believe in that President have the line-item veto?’’ To establish a uniform Rule of Natu- oath. I believe in supporting and de- Mr. Reagan said when he was Gov- ralization, and uniform Laws on the fending this Constitution, and that en- ernor of California, ‘‘I had the line- subject of Bankruptcies throughout the tails the defense of the separation of item veto. Now give me the line-item United States; To coin money’’—no powers and checks and balances. We veto as President of the United State in this country may coin money. cannot do that with a wink and a nod. States.’’ Prior to the creation of this Republic, We cannot just brush it aside and say, Well, I think the problem with that States could coin money in America. ‘‘Oh, that’s process. The Governors is that being Governor of a State is one Under the Articles of Confederation, have it, we ought to let the President thing; being President of the United the States could coin money. But no have it.’’ States is an entirely different thing. longer. Only the Federal Government. I know that there are a lot of Gov- I have in my hand what we know of ‘‘The Congress shall have power . . . ernors who believe that that is a suffi- as the ‘‘West Virginia Blue Book’’—the To coin Money, regulate the Value cient argument to make and that it is ‘‘West Virginia Blue Book.’’ Well, in thereof, and of foreign Coin, and fix the defensible. But I say read the Constitu- this ‘‘West Virginia Blue Book,’’ there Standard of Weights and Measures.’’ tion of the United States. Read the are many items of interest, but the I know it is old fashioned to read the Federalist Papers. There are 85 of thing I shall point to today is the Con- Constitution any more around here. them. About two-thirds were written stitution of the United States of Amer- Before it is finally relegated to the by Hamilton; about a third by Madison. ica. It is printed in the ‘‘West Virginia rare book section of the Library of Some of them are in dispute as to who Blue Book.’’ And in the ‘‘West Virginia Congress, I would advise my friends to is the author, Madison or Hamilton. Blue Book,’’ it covers all of 15 pages. come to me and get a copy of this Con- Five were written by John Jay. No. 2, That is it. That is the Constitution of stitution. I carry it in my pocket. This 3, 4, 5 and I believe No. 64 were written the United States of America—15 pages is the Constitution of the United by John Jay. Read them. in length. Right here. States. It cost me 15 cents. It is a little One cannot really fully understand It is 60 pages in length—60 pages for worn now. I think it costs $1 now, but this system which was created by the the constitution of West Virginia; 15 this one only cost me 15 cents. I have Framers, among whom were Hamilton pages for the Constitution of the Unit- several copies of these which I will give and Madison, without reading the 85 ed States. to any Member of the Senate who sup- Federalist papers. It is the most mar- The constitution of the State of West ports this line-item veto. I will be espe- velous exposition of this system of Virginia goes into much detail about cially happy to give it to them. Come Government that one may find any- numerous and sundry items that are of and get a copy of the Constitution and where under the Sun. And we are about interest to the State of West Virginia, read it. See the difference in the State to lightly toss away this power over of interest to a State. governments vis-a-vis the Federal Gov- the purse, which is the critical balance And I daresay that there being 50 ernment. wheel in the system of checks and bal- States, I would assume there are 50 To provide for the Punishment of counter- ances. constitutions of 50 States in this coun- feiting the Securities and current Coin of the The novel approach of this amend- try. And I would also assume that not United States; ment—and this is a novel amendment, one of those other constitutions, not To establish Post Offices and post Roads. a novel approach—the novel approach one of the other 49 constitutions, is the And so on and so on. of this amendment would empower the same, precisely, as the constitution of To declare War . . . enrolling clerk of the body in which an S 4226 CONGRESSIONAL RECORD — SENATE March 21, 1995 appropriations measure originated to go to the President for his signature. Consequently, the bill, once the con- dissect the bill or joint resolution item He could not look into the conference ference report is agreed to in both bod- by item, paragraph by paragraph, sec- report and veto items in that con- ies, will be sent back to the enrolling tion by section and then create bills ference report because the conference clerk of the House of Representatives and joint resolutions—so-called bills report does not go to the President. where the bill originated, and that en- and joint resolutions—for each of those He looks at the bill. Here is the final rolling clerk in the House of Represent- items, add to them fictitious enacting public law, Public Law 103–316, August atives will break out each item, each clauses—fictitious enacting clauses— 26, 1994, and it is composed of—I have unnumbered paragraph, each section, and send the composite products to the not counted the number of pages in it— and enroll each item, each section, President as though these items were 17 pages. That is the final product. If each paragraph as a bill. It will be kind legislative measures passed by both the someone wants to see the final act of a cut-and-paste operation. In order House and the Senate in the format in making appropriations for the Depart- to speed up the process, I assume that which they are presented. ment of Defense, Department of the the clerk will have a lot of preprinted For those who have the patience to Army, Corps of Engineers, and so on, forms, and those preprinted forms will listen and who may really care—and I they would ask for Public Law 103–316, have on them, ‘‘Be it enacted by the do not expect all my colleagues to be in 103d Congress. There it is. That is the Senate and House of Representatives of that category, and perhaps I cannot product of months of work, starting the United States of America and Con- blame them. Because I feel so strongly with this bill which is sent over from gress assembled.’’ That will all be al- and so deeply about this, a common the House, amended in the Senate, ready printed on the form. And then cold will not keep me from speaking. going to the conference, with the con- the clerk must in the wee hours of mid- Oh, that my voice would carry to the ferees bringing back to each House this night—he will undoubtedly have others hills or the mountains, and though I conference report, and it went down to help him—there in the subterranean had to be brought into this Chamber on the President. He signed it. This is the caverns of this massive Capitol, the en- a stretcher, I would still fight for this final product. That is public law. rolling clerk with his helpers will Constitution and its system. It is not a Now, at the State level, under the break that bill down into those hun- process. Process. This is the Constitu- tion we are talking of here. This is the State constitutions, the State laws, dreds of little pieces and each will be constitutional system that we are most of the bills making appropria- deemed to have been a bill passed by about to imperil. tions at the State level are set forth by both Houses. And each of those so- This amendment that has been items in the bill that is to go to the called bills or joint resolutions will brought in by the distinguished major- Governor’s office, and the Governor then be signed by the Speaker of the ity leader—and he is a distinguished can line item this out, strike through House and by the President pro tem- majority leader, a very distinguished it with his pencil, put his initial there; pore of the Senate, or their designees, majority leader—this amendment pro- go down to this item, strike it out, and and sent to the President, to the White vides, in essence that a bill—this is a put his initial there; go down to the House. bill. This bill is H.R. 4506. It is a bill next item, strike it out, and put his Now, let me just show you what this that passed the Congress in the 103d initial there. He has line-item vetoed would have meant in the case of this Congress, the second session. It is an several of the provisions in that bill. one bill, H.R. 4506. Remember, this is act making appropriations for energy Well, I have already shown why the the bill that came to the Senate. This and water development for the fiscal President cannot line-item veto here. is the final product, the conference re- year ending September 30, 1995, and for In the first place, he does not have the port. There it is, the conference report, other purposes. We would refer to this constitutional authority to line-item setting forth all the paragraphs, sec- as the energy water bill. It is not a veto, never had it, does not have it tions, 116 pages. Now, that bill was en- very lengthy bill. today. But the items are not set forth rolled and sent down to the President. This bill that is 43 pages—43 pages— in such minute detail, even if he had it. Here it is. That is the public act, 16 includes the Senate amendments. This Most of the items are set forth in large pages. bill came over from the House. H.R. sums of moneys. To find out what is in But now for the enrolling clerk to 4506 came to the Senate from the each sum, one goes to the conference have broken down that bill into each House, and the Senate acted to amend report to find out the details. item, here is what it would have looked the bill in certain places. There is the Now comes this amendment which like. This is it. Ipso facto, the enrolling bill as passed by the Senate and the says that any appropriation bill, once clerk waves the magic wand, the en- House. the amendment is agreed to, that here- rolling clerk of the House of Represent- Now, the bill went to conference so after becomes law, any appropriation atives waves a magic wand over that that the differences between the two bill that comes to either body that bill, and here is what we have: more Houses could be resolved. When the bill does not have each of these items set than 17 pounds of so-called bills—there came back from conference, this is forth in the bill may be sent back to are over 2,000 of them—that go to the what it looked like. This is the con- the committee unless there is a waiver President for his signature. ference report to accompany H.R. 4506, by three-fifths of the persons elected Here is one of the bills. Here is an- making appropriations for energy and and sworn. So every bill will now have other one. These are all to be sent water development for the fiscal year each of these items, each item in the down to the President after having ending 1995, and for other purposes. bill. When it goes to conference and been enrolled by the clerk of the origi- And so I hold in my hand this con- comes back, the conference report, if nating House—which, as I say, in this ference report. This means conferees the conference report which heretofore instance it will be the other body. Each from both Houses sat down in con- I have had in my hand as representing of those will go to the President. ference, spent several hours, perhaps the conference report on H.R. 4506 Does anyone in this Chamber believe days, in resolving the differences be- comes back at a future time, the bill to that the President is going to sit down tween the two Houses in connection which it relates will have to have every and look at those and decide which he with this bill, H.R. 4506. item, every item enumerated therein. will sign and which he will not? No. This conference report lays out in And then what would happen? Well, Those will be handed over to the Office minute detail the items of appropria- now, this is sleight of hand. If I ever of Management and Budget and those tion, setting forth the budget estimate saw sleight of hand, this is it in its fine, unelected, unidentified, nameless, on each item and the conference agree- rawest form. This bill will be sent back anonymous bureaucrats—and they are ment on each item. There they are, to the clerk, the enrolling clerk of the all good people—will take a look at hundreds of them. body in which the bill originated. Ap- those and they will determine which of Now, when this conference report was propriations bills by custom, not by these, or somebody will determine and agreed on by both Houses, then the act the Constitution but by custom, origi- give to the President—determine those went down to the President for his sig- nate in the other body. They originate that ought to be signed, those that nature. This conference report did not in the House of Representatives. ought to be vetoed. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4227 Let us see what the Constitution That bill did not pass both Houses. by a cut-and-paste operation in the of- says. Let us see what the Constitution That bill did not even pass one House. fice of the enrolling clerk of the origi- says about bills. This is article I, sec- Each of these little billettes will nating body, and out of the wee hours tion 7, clause 2. This is the Constitu- have to carry a designation on it that of the night, the fructifying wet pen, tion. This is not the so-called Contract will distinguish it from each of the the scissors and paste and the whiz of With America. This is the Constitution other 2,000 little billettes. So I suppose the computer of the enrolling clerk and of the United States. This is the way it this would be H.R. 4506 (1). The next his staff, would pour out a vast litter of has appeared for 206 years. There has one will be H.R. 4506 (2). The next will mini-bills, or ‘‘billettes,’’ not a single been no change in this language in 206 be H.R. 4506 dash, or parenthesis, 3. one of which had been passed by either years. That is the same language that Finally we would get to H.R. 4506– body of Congress. was there when Washington became 1909, H.R. 4506–2001. Each of these is going to have a ficti- President; when Adams became Presi- Then, to make believe that each of tious enacting clause on it. dent; when Jefferson and Madison and these passed the House of Representa- The genuine bill, adopted by both Monroe became President; when John tives and the Senate is like looking at Houses, will have been kidnapped, and Quincy Adams became President, the the noonday Sun and saying it is mid- subjected to the prostitution and muti- same language; and Andrew Jackson, night, without a star in the sky. lation of a cut-and-paste operation William Henry Harrison—no, Van This is tomfoolery. I cannot believe which may rightly be termed ‘‘a getter Buren, Van Buren—he found it written that we Senators in our generation are just like that. Then Harrison, then going to fall for this kind of sleight of of more bastard children than war’s a Tyler, Polk, Taylor, Fillmore, Pierce, hand. destroyer of men.’’ Hundreds of little Buchanan, Lincoln, Andrew Johnson, This is public law here, H.R. 4506. orphan bills—nobody is going to claim and Grant. They found the same lan- Where are we going to find the public these little orphan bills by the enroll- guage. Never a change. law on H.R. 4506 when it is broken ing clerk. ‘‘And where did you come Johnson, Grant, Rutherford B. Hayes, down into over 2,000 little make-believe from?’’ ‘‘I came out of the enrolling Garfield, Chester A. Arthur, Cleveland, bills that have been enrolled by an en- clerk’s office.’’ Who enacted this bill? Benjamin Harrison, Cleveland again, rolling clerk who is not answerable to Who will lay claim to have enacted this McKinley, Roosevelt, William Howard the voters and sent down to the Presi- bill? What Senator will lay claim to Taft, Wilson. dent? Where is the public law? Show have voted on this bill? Not I. Not one I was born in the administration of me the public law. of these bills will have passed the Woodrow Wilson. He had the same lan- Every bill which shall have passed the House and the Senate or the House or guage—it has not been changed. It was House of Representatives and the Senate, the Senate, not one. not changed. That is the same lan- shall, before it becomes a law, be presented Hundreds of little orphan bills will guage that has been there all the time. to the President of the United States; if he then make their way to the Speaker’s Wilson, Harding, Coolidge, Hoover, approves, he shall sign it . . . desk and to the desk of the Senate Roosevelt found it—not a blemish, not What is the antecedent of ‘‘it’’? The President pro tempore to be labori- a stain. Just like it was when George antecedent is ‘‘bill.’’ If it is 2,000 little ously signed and sent in a seemingly Washington said when he had to sign a ‘‘it’s,’’ how is he going to sign ‘‘it’’? endless stream to the Oval Office, there bill he had to sign it all. There was not but if not he shall return it, with his objec- to be signed or vetoed by the President. any line-item veto in it. tions to that House in which it shall have I tell you, I am glad this was not the It has not been changed since Roo- originated . . . practice when I was President pro tem- sevelt. Truman did not change it, Ei- Obviously, one item, one bill, is being pore of the Senate. Signing all of those senhower, Kennedy, Johnson, Nixon, contemplated by the Framers. They bills will be a never-ending job in it- Ford, Carter. Reagan wanted a line- are saying you cannot past two bills self. It will keep the President pro tem- item veto. But that is it. It withstood with the same number at the same pore busy just to sign those bills. the trials of time. time. Whatever else one may call it, this The War of 1812; the war with Mexico, If after such reconsideration two-thirds of amendment will certainly prove to 1848; the Civil War, Spanish-American that House shall agree to pass the bill, it have been a prolific one, and the period War; World War I, World War II, Ko- shall be sent, together with the objections, of incubation or gestation which it will rean war, Vietnam war, the Persian to the other House, by which it shall like- Gulf war. All of the panics and depres- wise be reconsidered, and if approved by two- have created will put to shame that of sions, the panic of 1837, 1857, 1873, 1893, thirds of that House, it shall become a law. the guinea pig or rabbit or a mouse. 1907, 1929, and 1930. This language has We are going to have over 2,000 laws This multiple mutation of the legisla- served throughout all of American his- in one bill, and some bills will con- tive process will boggle the mind. tory. template more laws than that. Some We surely cannot be in our senses. And what does it say? It says: not as many, but some more. We just We are about to take leave of our Every Bill, which shall have passed the cannot be in control of our mental fac- senses to vote for this piece of junk. House of Representatives and the Senate, ulties if we are going to look at this This is not a line-item veto. Why do we shall, before it become a Law, be presented monstrosity and vote for it. We surely not bring on the line-item veto? Let us to the President of the United States . . . cannot be kidding anybody but our- vote for a constitutional amendment to Let us read that again. selves. give the line-item veto. Let the people Every Bill, which shall have passed the Have we read the Constitution late- decide to give the line-item veto to the House of Representatives and the Senate ... ly? From the very beginning, S. 1 in President. That indicates to me that when 1789 was the Judiciary Act. It was a As compared with the line-item veto, something reaches the President’s desk Senate bill. It started out in the Sen- in the raw sense, this amendment is a that is called a bill, it is something ate. Its number was S. 1. That created thing of unnatural deformity—‘‘noth- that shall have passed the House of the judiciary. And ever since bills have ing but mutation, ay, and that, from Representatives and the Senate. It can- been denominated S. 1 or H.R. 1. Reso- one bad thing to worse.’’ not possibly mean something that was lutions are S. or S. Res. 1 or S. Con. It is a proposal which represents a enrolled by the enrolling clerk of the Res. 1 or S.J. Res. 1, depending on significant abdication of power by the House of Representatives. Can any whether they are simple resolutions or legislative branch in favor of the exec- Member truthfully say that if this leg- concurrent resolutions or joint resolu- utive branch. islation had been adopted prior—this tions. This has been the style from It is an indication of power. We are amendment by Mr. DOLE—had been time immemorial going back into the becoming not only fools but lazy fools. adopted prior to the passage of this en- colonial legislatures, going back into Just turn it all over to the President. ergy water bill, can any one of us say the British Parliament. It has been Abdicate our power. Give it to the man that we voted for this bill? Can we say ever thus. downtown. Bow down to power. Bow we voted for that bill? Can we say we The passage of a single appropriation down to power. Remember what David voted for this bill? No. I never saw it. bill by both Houses would be followed Stockman said. This is a ‘‘power play.’’ S 4228 CONGRESSIONAL RECORD — SENATE March 21, 1995 It is a pale substitute for really doing back to the Senate. It is going to go to other hundreds of measures enrolled something substantial about the the House because it will have a House pursuant to the provisions of the alarming budget deficits. number on it—H.R. 4506, in this case. amendment. Each appropriations The amendment would also strength- This number will be H.R. 4506–219, ‘‘billette’’ will contain one item in the en the House of Representatives at the which originated in the Senate. It was original bill and each of these little off- expense of the Senate. an amendment added by the Senator spring will be deemed to be a bill under Do we want to do that to the Senate? from Nebraska [Mr. EXON]. But it will clauses 2 and 3 of section 7 of article I Consequently, the House of Rep- not come back to the Senate. The of the Constitution of the United resentatives would determine the for- House will decide whether or not there States. Each shall be signed by the mat of the measure that is sent here will be an attempt to override that Speaker of the House and the President and would determine how these meas- veto, and if the House decides not to of the Senate, or their designees, and ures would be broken apart into items attempt to override it, the Senate does presented to the President for approval or paragraphs or sections. Great power not get a second crack at it. or disapproval in the manner provided to the President. More power to the I do not know about other Senators, by the Constitution for bills and joint Speaker. Great power to the Director but I am not in favor of subordinating resolutions generally. of the Office of Management and Budg- the Senate to the other body. The We will take a look at the phraseol- et. And all resulting in diminished au- Framers meant for the two bodies to be ogy of the Constitution on the chart to thority of the U.S. Senate. Senators all equal, each to play its own role. There my left again. know that when appropriations bills were checks and balances between the Article I of section 7 of the Constitu- come to the Senate, the Senate has a two Houses. There will not be any tion provides that, ‘‘Every bill which right to amend them. The two features checks and balances here in this situa- shall have passed the House of Rep- about the Senate which, more than all tion. The Senate will not be a player. resentatives and the Senate, shall, be- others, make the Senate the premier So let us take a look at this marvel fore it becomes a law, be presented to upper body in the world are the ability of legislative fecundity. the President of the United States’’; to amend and the ability to speak at This is an amendment on which there note that the Constitution refers to length. Now when appropriation bills is no committee report and in connec- ‘‘every bill which shall have passed’’ come to the Senate, the format will tion with which there are no printed both Houses of Congress shall be pre- have been laid out by the other body. hearings. That is the amendment that sented to the President for his approval When all of these little ‘‘billettes,’’ was offered yesterday by Mr. DOLE and or rejection. But this amendment now these little illegitimates that cannot immediately a cloture motion was reads, in part, on page 4 of the amend- really point to any parent—they can- thrown in, to bring it to a vote. That is ment: not point to a parent bill because the what we have come to now in this A measure enrolled pursuant to paragraph bill that passed both Houses no longer body. We bring in an amendment which 1 of subsection (a) with respect to an item exists. Where does it go? What does the is a brand new bill, which the Members shall be deemed to be a bill under clauses 2 enrolling clerk do with it? Does he of the minority had nothing to do with and 3 of section 7 of article I of the Constitu- keep it? Does it go to the Archives? insofar as helping to shape it. It is of- tion of the United States—‘‘shall be deemed Does it go to the Department of State? fered and a cloture motion is offered on to be a bill.’’ What happens to that bill? All of these that amendment, and that means we Well, the Constitution does not say little illegitimates—I could call them have to vote up or down, one way or that every bill which may be deemed or bastards, but I will not do that; I will the other, on the cloture motion the which shall be deemed to ‘‘have call them illegitimates. All of these following day but one, meaning tomor- passed’’ the two Houses. It clearly flow down to the President in a stream. row in this case. states that every bill which shall have Let us say the President vetoes 75 of No printed hearings. No committee passed. We do not deem it to have these 2,000. He vetoes 75 and they all report. The amendment comes before passed. We do not consider it to have come back. Where do they go when us much like Minerva, who sprang from been passed. We do not think of it as they come? Do they go back to the the brain of Jove, or Aphrodite, who something that has passed. We do not Senate? How many would say they go sprang from the ocean foam. It is the look upon it as something which other- back to the Senate? They go back to product of a collective fertile mind, wise may have passed. It is something the body in which they originated. Of and from it will flow fertile confronta- that passed. Every bill which shall course, these did not originate any- tions, fertile vetoes and, in all likeli- have passed the House of Representa- where. They originated in the enrolling hood, it will undoubtedly prove to be a tives and the Senate shall be presented clerk’s office. But they would go back fertile field for exploitation by the law- to the President for his signature. to the House of Representatives. The yers of the country. Under this rogue amendment, not a House would determine whether or not It requires each item of any general single one of the bogus bills enrolled by it will vote to override the veto. If the or special appropriation bill or any the clerk of the originating House of House does not vote to override the joint resolution making supplemental, Congress will have ‘‘passed’’ either the veto, then the Senate does not get a deficiency, or continuing appropria- House or the Senate, to say nothing of crack at it at all. tions that is agreed to by both Houses both Houses. Not a single Senator nor We all know that the Senate does add of Congress to be separately enrolled as a single House Member will have voted to the bills that come from the House separate bills or joint resolutions for on the cut-and-paste so-called bill by way of amendments. Some of the presentation to the President. Any ap- which goes to the President. Hundreds little ‘‘billettes’’ that the President propriations measure that passes both of mini-bills will flow from a single ap- would amend, some of these little ille- Houses of the Congress will be turned propriation bill or joint resolution, and gitimate offspring that the President over to the enrolling clerk of the House not one of these ‘‘fictions’’ will have would decide to veto, would have origi- in which the appropriations measure ‘‘passed’’ the House and Senate in ac- nated in the Senate because the Senate originated, to be then enrolled as a sep- cordance with the requirements of the has a right to amend. Do you think the arate measure for each item in the ap- Constitution. Not one will be a ‘‘bill’’ Senate is going to get a second crack propriations bill. Each of these little in the traditional sense of the word; at that? Why, no. The House undoubt- orphan bills—Little Orphan Annie is each will be ‘‘deemed to be a bill.’’ edly will not attempt to override a going to feel put upon when she sees all Each will be ‘‘deemed’’ to be a bill; veto that the President has attached to these multitude of orphan bills running each will be pretended to be a bill. Not one of these ‘‘bills,’’ which originated down to the White House—each of one will be a bill in the traditional in the Senate. these little orphan bills shall bear the sense. This is an amendment by ROBERT C. designation of the parent measure of It will be claimed that this odd con- BYRD that originated in the Senate. which it was a ward prior to such en- struction is in keeping with section 5 That is supposed to be called a bill rollment, together with such other des- of article I of the Constitution which under this amendment. It originated ignations as may be necessary to dis- provides that each House may deter- here. But it is not going to be sent tinguish each little baby bill from the mine the rules of its proceedings. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4229 So there will be those who will say, I know that means little or nothing will have complied with the provisions ‘‘Well, in view of the fact that under to some of the Members of this body of rule XIV. the Constitution each House may de- who have sworn to uphold and support Rule XIV, paragraph 2, reads as fol- termine the rules of its proceedings, it and defend the Constitution of the lows: is within the power and authority of United States. I realize that means Every bill and joint resolution shall re- each House to determine what is a bill. nothing. But, nevertheless, it is there. ceive three readings previous to its passage, And if the House and Senate want to The Constitution should not be de- which readings on demand of any Senator deem something to have passed, well, meaned and debased by this kind of shall be on three different legislative days that is within the rules of the body.’’ slight-of-hand work that would result . . . and the Presiding Officer shall give no- But certainly, the Framers could not from this amendment. tice at each reading whether it be the first, second, or third. have intended that any interim rules of It is nothing less than legislative the two Houses could invalidate the sleight-of-hand, and no self respecting Now, are we to pretend, Mr. Presi- clear instructions of the Constitution Member of the Congress should allow dent, that each of these little illegit- with respect to the passage of a bill. himself or herself to participate in this imate ‘‘billettes’’ which are going to be So if, within our internal rules, we emasculation of the Constitution to sent down to the President for his sig- may decide to ‘‘deem’’ a certain piece which we have all sworn an oath to nature, does anyone here have the gall of paper as being a bill, surely the in- support and defend. to say that each of these will have been ternal rules of the two Houses can The great name of Thomas Jefferson read three times? Well, that is what never supersede or override the clear has been frequently used in this Cham- rule XIV says with regard to bills and language of the Constitution itself ber over the past several weeks during joint resolutions. It says: which says, ‘‘Every bill which shall the debate on the balanced budget Every bill and joint resolution shall re- have passed the House of Representa- amendment to the Constitution. Let us ceive three readings previous to its passage, tives and the Senate, shall, before it see what Thomas Jefferson has to say which readings on demand of any Senator become a law, be presented to the shall be on three different legislative days. with respect to the passage, the enroll- President of the United States.’’ ment, and presentation of a bill to the Paragraph 3, rule XIV, Standing So the Framers could not have in- Rules of the Senate: tended that any internal rules of the President. Mr. President, I do not have in my No bill or joint resolution shall be commit- two Houses could invalidate the clear ted or amended until it shall have been twice instructions of the Constitution with hand a copy of the manual of par- liamentary practice by Thomas Jeffer- read, after which it may be referred to a respect to the passage of a bill. committee. son, but I have one downstairs in my Now if a bill may be ‘‘deemed’’ to Mr. President, not one of these 2,000 have passed both Houses, then might office. The title of it is ‘‘A Manual of Parliamentary Practice for the use of little ‘‘billettes’’ will have been re- not the first clause of section 7, article ferred to a committee. Not one will I, be also ‘‘deemed’’ in its thrust? the Senate of the United States.’’ It is by Thomas Jefferson, first edition, have been twice read. Not one will have Let us read the first clause of section been once read. Not one will have been 7, article I. 1801. On page 73 of Jefferson’s manual, it is three times read. Not one will have All Bills for raising Revenue shall origi- seen the inside of a committee room, nate in the House of Representatives. stated, ‘‘After the bill is passed, there can be no further alteration of it in and it will be sure they will see the in- Now, if Congress may deem this to side of the enrolling clerk’s committee have been a bill passed by both Houses, any point.’’ Now those who have been invoking room. He might be able to take them why could not Congress deem this to be home at night, over the weekend, do a revenue bill that was deemed to have the great name of Thomas Jefferson throughout the debate on the balanced his work at home, get a pair of scis- originated in the House of Representa- sors, scotch tape, or old-fashioned li- tives? If Congress may deem a piece of budget amendment to the Constitu- tion, let them hear. Jefferson, in his brary glue and take home some of paper enrolled by the clerk of either these pre-prepared forms and enroll the body, which no Member of the Senate manual, states, ‘‘After the bill is bills. Do it at home. or the House has ever seen, if that may passed, there can be no further alter- be deemed a bill and be deemed to have ation of it in any point.’’ And for his No bill or joint resolution shall be commit- ted or amended until it shall have been twice passed both Houses, then why not deem authority, Jefferson cites William Hakewill, who prepared a manual enti- read, after which it may be referred to a this tax revenue measure which origi- committee. nated in the Senate, why not deem it tled ‘‘The Manner and Method How to have originated in the House? That Laws are there Enacted by Passing of Paragraph 4: would be as much a use of the internal bills, collected out of the Journal of Every bill and joint resolution reported rules of the Senate as would be the the House of Commons,’’ 1671. Thus, a from a committee, not having previously case in the former instance. bill, as contemplated by this amend- been read, shall be read once . . . There are those who say that, what ment, stripped out of the parent meas- Not one of these little orphans will Congress gives Congress can take ure and enrolled by the enrolling clerk, have been reported from a committee. away. True. But when Congress seeks presumably on a predetermined form, And so rule XIV will not be complied to take back this giveaway of its pow- with a fictitious enacting clause, flies with. ers, it must be prepared to produce a in the face of tradition, custom, and Every bill and joint resolution reported two-thirds vote in both Houses to over- parliamentary practice coming down from a committee, not having previously ride a Presidential veto. This is a lose- to us from time immemorial, from the been read, shall be read once, and twice, if lose proposition, as far as Congress is British Parliament, the Colonial Legis- not objected to, on the same day, and placed concerned. Appropriations for national latures, the American States that ex- on the Calendar in the order in which the defense and for the national welfare isted before the Constitution, and the same may be reported. would be determined by unelected, un- practices of 206 years of legislative his- Not one of these will ever see the cal- identified bureaucrats in the Office of tory under the Constitution. This is endar. Not one will ever be on that cal- Management and Budget, who would nothing less than legislative heresy, endar, and we can thank heavens for determine, for the President, which of and ‘‘With new opinions, divers and that, because if all these appeared on the orphan measures may be consid- dangerous, which are heresies, and, not the calendar, the calendar itself would ered worthy of his signature and which reform’d, may prove pernicious.’’ It is a weigh, with 13 appropriations bills if should be the victims of his wet veto pernicious amendment, and it is bound they all land on there at the same time pen. No matter what pretty face one to have pernicious effects, if it is writ- toward the close of the fiscal year, the may attempt to put on this hydra- ten into law. Calendar of Business would be thicker headed monster, practically speaking, Let us now take a look at rule XIV of than this stack of bills. That would be it will result in a massive shift of the Standing Rules of the Senate and an illegitimate calendar made up of il- power over the purse from the legisla- determine whether or not each of the legitimate little bills. tive branch to the executive branch. so-called bills and joint resolutions Paragraph 5: S 4230 CONGRESSIONAL RECORD — SENATE March 21, 1995 All bills, amendments, and joint resolu- those bills down into numerous parts funds from one area to another without tions shall be examined under the super- after they have been passed by both a change in statute. This would mean a vision of the Secretary of the Senate before Houses. How many parts would depend large increase in congressional work- they go out of the possession of the Senate on how many numbered sections and . . . load. For every mid-course correction unnumbered paragraphs the enrolling needed by every agency of Government, Not according to this amendment. clerk found in the complete bills. the President would have to seek legis- They are not going to be examined To make matters worse, however, lation and we would have to enact under the supervision of the Secretary section 2 of the amendment requires every shift in funds. Imagine how inef- of the Senate. They are going to be ex- that any appropriation measures re- ficient and cumbersome this would be. amined under the supervision of the ported by the Committees on Appro- I asked our Appropriations Commit- clerk of the other body. The Senate priations of the House and the Senate will turn over everything to the other tee staff to count up the number of must contain the ‘‘level of detail on ‘‘items’’ there are in each of the fiscal body. Let the enrolling clerk of the the allocation of an item of appropria- other body, because that is where the year 1995 appropriations acts and con- tion as is proposed by that House such ference reports which would have to be bills are going to originate, let the en- as is set forth in the committee report rolling clerk in the other body do the separately enrolled under the pending accompanying such bill.’’ The same re- amendment. Senators will recall that, enrolling; let him do the cutting and quirement would be placed on con- pasting, gluing together. The Secretary under section 2(c)(1) of the amendment, ference reports, as well. These require- it will not be in order to report an ap- of the Senate can take a walk. He will ments could be waived or suspended in not have anything to do with it. propriation conference report that fails the House or Senate only by an affirm- to contain the level of detail of an item It says: ative vote of three-fifths of the Mem- of appropriation such as is set forth in . . . All bills and joint resolutions which bers of that House duly sworn or cho- the statement of managers accompany- shall have passed both Houses shall be exam- sen. Similar requirements would apply ing that report. This means that every ined under the supervision of the Secretary to tax expenditure and direct spending of the Senate, to see that the same are cor- appropriation now named in these bills. rectly enrolled . . . statements of managers will have to be What this means, Mr. President, is The Secretary of the Senate is not placed in the conference report and, that the Appropriations Committees going to do that under this amend- subsequently be separately enrolled would be required to place into each ment. Under this amendment, the clerk and sent to the President as a separate bill all of the literally hundreds and in of the other body will see that they are minibill which, if the President signs some cases thousands of items that are correctly enrolled. it, will become a separate law. now contained in the committee re- . . . and, when signed by the Speaker of the ports and the conference report, where- One of the 1995 appropriation acts House and the President of the Senate, the with the largest number of items is the Secretary of the Senate shall forthwith upon each of these items would then be separately enrolled and become a sepa- Energy and Water Development Appro- present the same, when they shall have priation Act. originated in the Senate, to the President of rate law. the United States. This process fails to recognize that And as I have already demonstrated, the law is 17 pages in length and the Well, most of these will not have unlike those of States, which are high- statement for which every item has originated in the Senate. ly itemized, Federal appropriation bills been provided is 116 pages in length. Reading from paragraph 7: generally contain a number of large ap- propriations, with the details of how These two documents—the Public When a bill or joint resolution shall have Law and the conference report contain- been ordered to be read a third time, it shall the funds are to be spent set forth in not be in order to propose amendments, un- the accompanying reports. This prac- ing the statement of managers—are the less by unanimous consent, but it shall be in tice has worked well and is favored by culmination of months of hearings, of order at any time before the passage of any the executive branch because it enables subcommittee and full committee bill or resolution to move its commitment; agencies to respond to budgetary markups, of passage by the House and and when the bill or resolution shall again be changes during a fiscal year by moving Senate, and of a conference to settle reported from the committee it shall be the differences between the two placed on the Calendar. funds from one area to a more pressing When a bill or resolution is accompanied area. This process of reprogramming Houses. After all that work, and after by a preamble, the question shall first be put funds is conducted pursuant to well-es- adoption of the conference report and on the bill or resolution and then on the pre- tablished procedures which ensure that the amendments in disagreement, this amble . . . the Federal Government can carry out appropriation bill finally became a So, Mr. President, if there is a pre- its responsibilities within the general public law and it is being carried out amble on each of these bills—the pre- purpose specified in each account. pursuant to this conference report and amble on the parent bill, I presume, For example, the Energy and Water statement of the managers. would have to be on each of the little Development Appropriations Act for Mr. President, as I have already mini-bills, and the question would have fiscal year 1995 contains a lump-sum of shown, this stack of paper has been been first on the bill and then on the $983,668,000 to cover general construc- prepared for the Energy and Water De- preamble. tion for the Corps of Engineers. The velopment Appropriation Act for 1995 No Senator can, of course, say with a statute identifies 34 specific projects, in conformance with Mr. DOLE’s pro- modicum of truth and honesty any totaling $120,126,500. Most of the detail, posal. And just in case there may be vote occurred on that bill or preamble. however, is contained in the conference some Members or staffs or people out So much for the Standing Rules of report, which I have shown, instructing there in TV land, this is the energy and the Senate. the Corps of Engineers how to spend water—I cannot say bill. These are the Perhaps that can bear further study the nearly $1 billion. Because the in- 2,000 odd bills that would be enrolled by on a later date. structions are in a nonstatutory source the clerk of the other body and sent The hundreds of little counterfeit and not a public law, the agency can down to the President and which in bills and joint resolutions will not have shift funds within the lump sum in re- fact constituted the one bill, which had received three readings prior to their sponse to their needs—often requiring only 16 pages, which is referred to as passage, nor will they have been exam- approval from review committees. Public Law 103–316 that is the energy ined under the supervision of the Sec- Yet, under the pending proposal, and water appropriation bill. That is it, retary of the Senate to see that they reprogrammings will no longer be pos- 17 pounds—17 pounds. have been correctly enrolled. sible. Rather, every item listed in ap- Each of those would have to be Simply put, what this amendment propriations conference reports would signed by the President pro tempore does is to require the enrolling clerk of be considered an ‘‘item’’ and, as such, and the Speaker of the House, and each the House, or the Senate, to take ap- would be separately enrolled. If that would have to be signed by the Presi- propriation bills as well as direct were done, then all of these items dent, unless he decided to veto them or spending bills and those containing would be frozen in their own separate not sign them and let them go into law certain targeted tax benefits and break laws and it would be illegal to shift without his signature. He might ease March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4231 his workload by following that course can see that this proposal, if enacted, lined up out there in the Rose Garden. of action. would succeed in bringing the appro- Up would drive one of these 16-wheel- Each of the items contained in that priation process to a virtual standstill. ers, a big truck. It would back its way public law, which I hold in my hand— It would also be next to impossible for up to the gate and they would start un- right here—itemized in the tables of the President to approve these thou- loading all those pens to sign those the conference report have been en- sands of bills before the beginning of bills. rolled separately pursuant to section 4 the fiscal year, because there would be After a photo-op, the President would of the amendment that has been of- no practical way to process that many take out his first of many pens and fered by the distinguished majority bills, get them signed by the Speaker begin to sign this stack of 2,000 or so leader. Each item of appropriation will and the President of the Senate, sent bills into law. He would hand out pens have to be separately signed by the to the White House, and signed by the to the gathered congressmen. There Speaker of the House and by the Presi- President in such a short time. might be 24 separate laws for New Mex- dent of the Senate, and so instead of Therefore, what we would be setting ico projects, so Senator DOMENICI that one public law and that one con- up is a more complicated process under would get 24 pens. Perhaps Louisiana ference report we will have over 2,000 which a President and a Congress, would have 32 projects and, therefore, public laws for just one appropriation through no fault of their own, would 32 laws. So, Senator JOHNSTON would act. not be able to complete its work in a get 32 pens, and so on. Mr. President, is this not sheer mad- timely fashion. We would be virtually This process of signing over 2,000 ness? Sheer madness. All 12 of the guaranteeing a return to government minilaws would take quite some time. other appropriation acts will face simi- by continuing resolution. There would probably have to be a lar requirements. The estimates are But, on the other hand, think of the lunch break, followed by more signings that if the amendment offered by Mr. increased media attention it will bring in the afternoon. The President would DOLE had been in effect for fiscal year to bill-signing ceremonies. say ‘‘You boys’’—he would call us boys. 1995, the Agriculture Appropriation Act I have been down at White House on I would not think anything of it, he would have been broken down into 757 a few occasions, a few occasions. I have calling me boy. My mom used to call separate acts; the Commerce, Justice, attended bill-signing ceremonies. The me boy. She would say, ‘‘ROBERT, you State, and Judiciary Appropriation Act distinguished Senator from Nebraska be a good boy. I’ll always pray for would have been broken down into 924 has been there on bill-signing cere- you.’’ He would say, ‘‘You boys come acts; the District of Columbia Appro- monies. We stand there behind the back this afternoon after lunch and we priation Act would have been broken President. We might even get up will finish signing these bills.’’ Of down into 165 little enrolled bills which against him so we can say to our course we would be back because we later became acts, public laws; the En- grandchildren, this coat—this coat would not want to miss out on our ergy and Water Development Appro- touched the President’s coat. See? This pens. priation Act as I already have said coat touched the hem of his garment. I expect he would draw a good deal of would have been broken down into 2,000 And the President signs the bill, just a attention. It would become a very pop- acts; the Interior Appropriation Act little bit at a time, and hands back the ular ritual for Congress and the Presi- would have been broken down into 1,000 pen; signs another little portion and dent alike. separate acts; the Labor, Health and hands back the pen. Now, let us look at what happens Human Services, Education Appropria- I take that pen home and have it when a President decides he does tion Act would have been broken down framed and I am able to tell my grand- not—— into 200 acts; the Transportation Ap- children that there is a pen that the Mr. EXON. Will the Senator yield for propriation Act would have been bro- President used in signing such and a brief question? ken down into 750 acts; the Treasury, such a bill. Yes, the pen, he gave it to Mr. BYRD. Yes. Postal Service Appropriation Act me. I never would have thought it, this Mr. EXON. I have been listening with would have been broken down into 479 boy from the hill country—I never great interest. The Senator left out acts; the Defense Appropriation Act thought I would be in the White House, whether or not he has made any cal- would have been broken down into 2,000 never would have thought I would have culation as to what the cost to the tax- acts; the Military Construction Appro- been in the Oval Office. And here, just payers would be, for all of those pens? priation Act would have been broken to think of it, here is a pen that the Do you have any estimation of what down into 225 acts; the Foreign Oper- President signed the bill with and gave that would be, in dollars, at the ations Appropriation Act would have it to me. present time? Or is that just a minor been broken down into 225 acts; the VA/ ‘‘Aren’t you proud of your grandpa? matter? HUD Appropriation Act would have Aren’t you proud of your grandfather?″ Mr. BYRD. It is not a minor matter. been broken down into 800 acts; and the My, what I have been missing, We put it on the computer and the Legislative Branch Appropriation Act though. I have only had a few of those computer blew up. We tried to get that would have been broken down into 100 pens. information out of the computer and acts. Now think of the increased media at- the computer blew up. Perhaps we should call them tention that would be given to one of Mr. EXON. Gone. actlettes, 100 actlettes. those bill-signing affairs. For just the Mr. BYRD. Gone. That comes to a total of 9,625 Energy and Water Development Appro- Mr. EXON. More expenses to the tax- minibills, or billettes or actlettes, or priation Act the President would have payer. I thank my friend from West public lawlettes—public lawlettes, 9,625 to sign all these 2,000 little minibills. Virginia. that would have been necessary in 1995 That would become an all day affair; Mr. BYRD. I thank the Senator from rather than the 13 annual appropria- let us go down there for a whole day, Nebraska. I am sorry he has decided to tion acts under which we are currently the whole day. You would have to go retire, after this term. We will miss operating. down to the White House early in the him and he will miss receiving all So, here we will have passed 9,625 morning with the subcommittee chair- those pens. He will miss traveling down public laws and I would have gotten man, in this case it would be Mr. DO- to the Rose Garden, having the Presi- credit for only voting on 13 of them— MENICI, and Mr. JOHNSTON. dent hand him all those pens, for items 13; 13 rollcall votes. I answered every We would go down with the sub- that are in the bill for Nebraska. one of them, yet there would have been committee chairman and ranking Seriously, I do say I shall miss him. 9,625 separate legislative acts, not one member, leading the honored guests He is a stalwart Member and one who of which passed the House or the Sen- along with their House counterparts. is forthright always with what he says. ate, to say nothing of both Houses. The President and appropriate mem- He has a backbone, the courage of his Since most of the annual appropria- bers of the Cabinet would greet the convictions. tion bills are not finalized until the congressional delegation out on the Now let us look at what happens last few days before the beginning of White House lawn—would you say? Out when a President decides he does not the fiscal year to which they apply, one at the Rose Garden. They would be all care to sign a number of these many S 4232 CONGRESSIONAL RECORD — SENATE March 21, 1995 thousands of appropriation bills. In sponsors as a line-item veto bill, that tions of article I of the Constitution this case, those unsigned bills must be description is not correct. This bill will see this to be true. For those who returned to the House of Congress would not give the President line-item I suggest are attending a matinee and which originated them. In the case of veto authority. The only way for Con- who arrived late on the scene, let me appropriation bills, the overwhelming gress to confer such power is through read again. Read the words, those two majority will have originated in the an amendment to the Constitution. It sections and one will see why this House of Representatives. Therefore, cannot be done by mere statute. There- measure violates the supreme law of any of these thousands of annual ap- fore, a fundamental thing that needs to the land. propriation bills which the President be said about this bill is that it is not, Article I, section 1, states: returns unsigned will go to the House in any way, shape, or form, a line-item All legislative Powers herein granted shall of Representatives. Under article I, sec- veto measure. be vested in a Congress of the United States, tion 7, clause 2 of the Constitution, the We could not give the President a which shall consist of a Senate and House of House of Representatives will then line-item veto. Congress could not pass Representatives. have total control of whether, and if that power on to the President. Only So there are 25 words that state so, when to schedule a veto override the people could do that by way of con- where legislative power under the Con- vote. Let us say, for example, that a stitutional amendment. But we could stitution will vest. It will vest in a President decides that he will not sign be just as effective in shifting the Congress of the United States which 5 percent of these thousands of appro- power of legislative branch over the priation bills. The other 95 percent are purse to the President by way of a stat- shall consist of a Senate and a House of fine—they get the blessing of the Presi- ute. That is what is about to occur. Representatives. All legislative power dent’s unelected advisers. But these Indeed, I question why, if not for par- will repose in this branch, this legisla- same advisers recommend, and the tisan political reasons, anyone would tive branch. President agrees, that 5 percent of tell the American people the Senate is With those 25 words, the very first them should not be signed. That is not considering a line-item veto bill, when, sentence of the Constitution, the an unlikely scenario. The President’s in fact, we are not? Founding Fathers established the doc- OMB personnel will have scoured every In fact, we are not. That kind of mis- trine of separation of powers. one of these thousands of bills and they information does nothing but confuse, We find in section after section, arti- are likely to find reasons to send a mislead, and further alienate an al- cle after article, paragraph after para- number of them back to the House of ready cynical public. So Senators can graph, following on that first section of Representatives; in this example 5 per- disabuse themselves of that notion the first article the doctrine of separa- cent, or several hundred of the bills are right from the start. No one is going to tion of powers laid out in great detail. returned. What happens next? Under be able to go home, and, in all honesty, They explicitly placed all legislative the Constitution, that will be left en- claim political favor by telling the vot- powers in a Congress. The power to tirely up to the House of Representa- ers they were for or against the line- fashion the laws that guide this Na- tives. If the House decides not to sched- item veto. tion, the power to repeal those laws as ule a veto override vote on any or on Instead, what we have before us is a we see fit, and the power to amend a all of these returned bills, that is the separate enrollment bill, an enor- bill as it makes its way through the end of it. The Senate will have no say mously different creature. In short, two Houses of Congress, those powers in the matter. Are Senators prepared what we have here is a slice-and-dice reside here in the Congress. The Con- for that state of affairs? Are you pre- approach to legislating. stitution does not confer those powers pared, Senators, to have to beg the I have been in the legislative branch upon any other individual, or upon any House to take up a vetoed bill? for 49 years. I have never seen anything other branch of government. I say to the Senator from Michigan, like that. The President is not licensed by the able Senator from Michigan [Mr. Semantics aside, though, what the those powers, by those words, to legis- LEVIN], are you prepared to go over to proponents of this measure have pre- late. the other body and beg the House to sented to the Senate is a piece of legis- All legislative powers herein granted take up that vetoed bill so that you at lation that would set up a logistical shall be vested in a Congress of the least get a vote in the other body on nightmare, that would create an un- United States which shall consist of a the item that is of importance to your workable process, and that is obviously House and a Senate and a House of State? not well thought out. This is the prod- Representatives. Mr. President, this amendment, in uct of a desperate political compromise The Constitution does not confer the opinion of various scholars, would aimed at getting anything through those powers upon any other individ- be, in all likelihood, unconstitutional. Congress which can be mislabeled line- ual, upon the President, upon any en- For example, in recent testimony be- item veto. fore the Senate Judiciary Committee, Logistics are not, however, the only rolling clerk, or upon any other branch Mr. Walter Dellinger, Assistant Attor- problem. In fact, they are not even the of government. The President is not li- ney General of the U.S. Department of most serious. What is fatal to this censed by those powers to legislate. He Justice, made the following statement: measure, as it would be with any type alone cannot pass a bill. The President As much as I regret saying so . . . [the] pro- of separate enrollment procedure, is alone cannot repeal a bill. The Presi- posal for separate enrollment also raises sig- that the entire scheme is unconstitu- dent alone cannot amend a bill. Only nificant constitutional issues, you know, tional—unconstitutional. My col- the Congress has such power. that would atomize or dismember one of leagues and I have been in this business May I say to the distinguished Sen- these large appropriations bills into its indi- ator from Nebraska, and the able Sen- vidual items which the President could then for years. This is my seventh term. I sign. I think it is either invalid under the am in my seventh term. Seven times I ator from Michigan, that under this clause, in my view, or, at a minimum, it have asked the people of West Virginia bill things will have changed. raises such complicated questions under the to return me to the U.S. Senate, and Under this amendment, the President Presentment Clause that it is a foolhardy three times in the other body prior to would be given legislative power. Do way to proceed because if we and all of our my coming to the Senate, two times in you believe that? He will have been predecessors are right, I think that which the State House and once in the State given legislative power. Now, if I hope has to be presented to the President is the thing that passed the House and the Senate, Senate. In all of those years, not once to get an amendment added to the bill, and that which passed the House and the have I ever met a creature like this, a I send to the desk an amendment, the Senate is the bill they voted on on final pas- bill that is not a bill, but call it a bill; clerk reads the amendment, and the sage, not some little piece of it or a series of and we deem that it is passed in the question is then on the amendment by little pieces of it. So I have doubts about it. House and the Senate. the Senator from West Virginia. If the That was Mr. Walter Dellinger, con- What is fatal is that this bill is not Members of the Senate, or the majority stitutional scholar, speaking. constitutional, in my judgment. thereof, support my amendment, it is Mr. President, although the bill be- Anyone who reads the plain language added to the bill. That is not enough. fore us today is being touted by its contained in the first and seventh sec- That amendment has to be agreed to in March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4233 the other body. So I cannot amend a not have vetoed the entire bill; he will and nearly every clause of that great bill; I can only be an instrument in the have altered the bill. He would have ve- charter. One need only read the Con- amending of it. I alone cannot amend a toed only a portion of it, thereby stitution to understand how fervently bill. It requires a majority of both amending the underlying bill. our Founding Fathers embraced sepa- Houses to support the instrument How does that situation square with rated powers. But with this measure, which I send to the desk in the form of the words in article I, section 1 of the we say those ideals are not really im- an amendment. Constitution, that ‘‘all legislative pow- portant, that they do not matter. I am But under this amendment which Mr. ers’’ herein granted ‘‘shall be vested in not prepared, as others may be, to de- DOLE has introduced, and which is co- the Congress of the United States.’’ clare myself so wise as to be willing to sponsored by several Republican Sen- The ability to amend is a legislative undo what was so finely done more ators, the President alone can—by his power, and all legislative powers are to than 200 years ago. hand alone—repeal a bill. Here is a sec- be vested in the Congress of the United As such, all Senators effectively lose tion of the bill that is sent to the States. How, then, can anyone stand the power of their vote. We would be President by the enrolling clerk. Here here and say they see no infraction of is another section of the bill. Here is the clear mandate contained in the creating a glut of little ‘‘its’’—note another item of the bill sent down by Constitution? How can it be claimed that in the Constitution it refers to the enrolling clerk. The President may, that a President who can amend has ‘‘it,’’ ‘‘it,’’ ‘‘it’’—the pronoun with the by his wet veto pen, strike that one. He not been given legislative power? antecedent ‘‘bill.’’ ‘‘It.’’ There is not has amended that bill by his veto pen. The U.S. Supreme Court, in its land- going to be any ‘‘it’’ with an appropria- He may strike that one. That is a mark ruling in the 1952 case of Youngs- tion bill that passes if this amendment whole section. He amended that bill— town Sheet and Tube Company versus by Mr. DOLE is ever adopted. There will one man alone. And if two-thirds of Sawyer, the steel seizure case, spoke to be hundreds and hundreds of little both Houses do not override him, then the argument perfectly. The Court ‘‘its.’’ Read the bill. Read it and see he has altered that bill; he has amend- said: how each of us gives up the right to ed it just as surely as I would have In the framework of our Constitution, the vote on any of the new bills. amended the bill by sending a piece of President’s power to see that the laws are We will not have voted on a single paper to the desk, having a number on faithfully executed refutes the idea that he one of them. Not one of the bills that it and striking from the bill that par- is to be a lawmaker. The Constitution limits goes to the President will have been his functions in the lawmaking process to ticular section. One man will have the voted on by Mr. LEVIN. Not one. This power that only a majority of both the recommending of laws he thinks wise and the vetoing of laws he thinks bad. And amendment by Mr. DOLE does not say Houses on the hill here could have in the Constitution is neither silent nor equivo- where the original bill will be kept. No- amending a bill. cal about who shall make laws which the body knows what happens to it. So he will have been given the power, President is to execute. The enrolling clerk in the House pre- unilaterally and selectively, to change Mr. President, recommending laws sumably can just throw it in the waste- what had previously been passed by the and vetoing laws are the only two law- basket. legislative branch. Through a separate making functions that constitutionally Read the bill. Read it and see how enrollment procedure, the President confer to the President, according to each and every one of us gives up the becomes the legislative equal with the the Supreme Court. They did not in- right to vote on any of the new bills. House and Senate, because he would clude the power to amend. They did not Mr. President, what this charade have the power to amend. No longer say the President is authorized to se- amounts to is a colossal non sequitur. would the Congress be the sole legisla- lectively amend what has previously tive body in our tripartite system. It simply does not make sense. On the been passed by the Congress. All the one hand, we are being told that a bill That is why this bill implicitly vitiates Constitution allows, as interpreted by the separation of powers, because it is a bill, which means the President the Court, is the vetoing of laws. can veto it. On the other hand, though, hands to the executive branch one of In addition, this question of proce- the most important characteristics of the sponsors turn right around and dure, as it pertains to the separation of claim that a bill is not necessarily a legislative power. powers, is hardly academic. It goes to bill—it can be ‘‘deemed’’ to be a bill— The ability to amend legislation, and the very heart of our constitutional so it does not need to be passed by the the right of extended debate, are the form of government. Again, I refer my House and Senate. Which is it? When two most important features that set colleagues to the words of the Supreme the U.S. Senate apart from every other Court. In its 1982 ruling in INS versus does a bill become a bill? How can the legislative body in the world. This is Chadha, the Court noted that: sponsors of this legislation tell us that the only upper Chamber that has essen- any of those new bills are not really a Explicit and unambiguous provisions of the tially unlimited amendment and debat- Constitution prescribe and define the respec- bill? How can they claim that the proc- ing powers. With very few exceptions, tive functions of the Congress and of the Ex- ess created under separate enrollment which we ourselves have instituted, the ecutive in the legislative process. is a constitutional process? They can- Senate can take any bill passed by the Those provisions, the Court said, not. House of Representatives and change ‘‘. . . are integral parts of the constitu- Even the authors of this legislative that bill any way the Members think tional design for the separation of pow- sorcery agree that, on its own, the sep- necessary and proper. But under the ers.’’ Thus, arate enrollment process cannot meet process contained in this bill—I will It emerges clearly that the prescription for the test of constitutionality. Again, I call it a bill; it is a substitute bill in- legislative action in Article I, sections 1,7, implore Senators to read this measure troduced by the majority leader—under represents the Framers’ decision that the which is now pending before the Sen- the process contained in this bill, the legislative power of the Federal Government ate. Read section 4(b), starting on page President would share that power. If he be exercised in accord with a single, finely 4, line 8. It says, and I quote: were to veto even one of the thousands wrought and exhaustively considered, proce- A measure enrolled pursuant to paragraph of bills created as a result of separate dure. (1) of subsection (a) with respect to an item enrollment, he would have altered the But in no way would this new process shall be deemed to be a bill under Clauses 2 original bill agreed to by the House and coincide with the ‘‘single, finely and 3 of Section 7 of Article 1 of the Con- Senate. And that original bill, may I wrought and exhaustively considered, stitution of the United States and shall be say to the Senator from Nebraska, that procedure’’ contained in article I. signed by the Speaker of the House and the original bill, may I say to the Senator Separated powers, and the system of President of the Senate, or their designees, from Michigan—if the amendment checks and balances that maintain the and presented to the President for approval stricken by the President had been separation, were not an abstract or or disapproval (and otherwise treated for all stricken by the Senate or by the fleeting concept to the men who purposes) in the manner provided for bills House, the bill may never have passed, framed our Constitution in Philadel- and joint resolutions generally. because it would have been altered. phia. The doctrine is writ large So here, Mr. President, we have a Yet, the President can do that if the throughout the entire document. It is clear acknowledgement, an absolute substitute bill is agreed to. He would fused into every article, every section, declaration from the very people who S 4234 CONGRESSIONAL RECORD — SENATE March 21, 1995 wrote this bill that the process that of guaranteeing the President a vote on or new targeted tax benefit as a separate they want to codify is unconstitu- his rescission proposals. And, most im- item and the accompanying committee re- tional. They are not talking about portantly, it would do it through a port for that measure shall contain such bills. They are talking about counter- process which does not sacrifice to the level of detail including, if appropriate, de- feit measures that are deemed to be alter of political expediency the sacred tail related to the allocation of new direct spending or new targeted tax benefits. bills. tenets contained in the United States So this is an absolute declaration Constitution. So, there you have it. This proposal from the very people who wrote the bill S. 14 would have allowed the Presi- will not touch one dollar—not one thin that the process they want to codify is dent to go through any appropriations dime—of any existing direct spending unconstitutional, that it does not meet bill and any tax bill containing tar- program or any of the 124 existing tax the standard set up under article I of geted tax expenditures and excise those expenditures. Not one dollar. Not one the Constitution. items he felt were unwarranted. The dime. Not one copper penny. The prob- The authors say, right there in that Congress would then have been forced lem is, you see, that once these tax passage, that ‘‘a measure enrolled pur- to vote on each of those proposals. It breaks are written into law, they rare- suant to paragraph (1),’’ which means would not have created an unworkable ly get reviewed again. And, nothing in taken out and separately enrolled, process. It would have maintained the the amendment that is before the Sen- ‘‘shall be deemed to be a bill.’’ separation of powers. It would have ate will require that these existing tax Now, what does the dictionary say been constitutional. But for some rea- breaks should be looked at and made that ‘‘deem’’ means? Deem means to son, the authors of the bill before us do subject to veto by the President, just consider—considered to be a bill; to be not want that. They are not satisfied like annual appropriation bills. considered. We will just pretend that it with the procedure in S. 14. In short, These are the tax dollars that are is a bill, may be thought of as a bill, they are apparently not happy unless lost to the Federal treasury due to spe- but when you strip all that language we ravage the most important con- cial provisions contained in the Fed- away, it is not a bill. If it were a bill, stitution ever laid down in writing. eral Tax Code. These various provisions it would not say it may be ‘‘deemed’’ to The procedure which is set forth in allow deductions, exemptions, credits, be a bill. this amendment is not, in my opinion, or deferrals of taxes and, in effect, re- The authors say right there that ‘‘a in agreement with the words of the duce the amount of tax paid by those measure enrolled pursuant to para- Constitution which govern the passage who qualify for such items. The word graph (1),’’ which means taken out and of a bill. It is not in agreement with ‘‘expenditure’’ is used to highlight the separately enrolled, ‘‘shall be deemed those words. The Constitution, in arti- fact that these tax preference items to be a bill’’ for purposes of the Con- cle I, section 7, clause 2, says that a are, in many respects, no different than stitution. bill shall have passed both Houses be- if the government would write a check So how can any of my constituents fore it is presented to the President. It to the different individuals or busi- hold me responsible for the enactment is interesting to note that those who nesses who qualify for them. of any one of these little billettes, wrote the Constitution in clause 2 re- The plain truth is that tax expendi- these little illegitimate offspring of un- ferred to a bill, whereas in clause 3 of tures are nothing more than another known parents? How can anyone hold section 7 of article I, they wrote of res- form of government spending. Unfortu- me responsible for having voted for olutions, orders, and votes. In other nately, they receive little, if any, scru- them, those thousands of new little words, they covered the entire legisla- tiny because they are not subject to ‘‘its’’ that were created through the tive landscape. They knew exactly the annual authorization or appropria- separate enrollment process, that are what they were doing. tion processes that other programs are going to be ‘‘deemed’’ to be bills? What Whatever the particular vehicle— subjected to. Rather, once they are en- the sponsors are admitting in that lan- whether it be a resolution, or vote, or acted into law, tax expenditures rarely guage is that those new bills are not, in an order. Of course, orders do not go to ever again come under congressional fact, really bills. They readily concede, the President for his signature; votes scrutiny. In fact, in a June 1994 report right there in their own legislation, do not go to the President for his sig- on this issue, the General Accounting and in their own words, that all those nature; resolutions do not go to the new little ‘‘its’’ are not bills. Office found that almost 85 percent of President. So whatever the particular 1993 revenue losses from tax expendi- If a piece of legislation that comes vehicle, it had to travel the same legis- about as a result of being separately tures were traceable to provisions en- lative course outlined in clause 2 for a acted before 1950, while almost 50 per- enrolled is an actual bill, then why is it bill. In other words, whatever it is, it necessary to have it ‘‘deemed’’ to be a cent of those losses stem from tax ex- has to be passed by both Houses and penditures enacted before 1920. bill. The answer is that the deeming is presented to the President. He may required because none of those mini- Because these tax breaks have large- then sign it, veto it, or let it become ly escaped congressional review, many bills are, in reality, legal, constitu- law without his signature, or he may tionally enacted bills. And the authors have simply outlived their economic give it a pocket veto, depending on the usefulness. But until they come under of this measure know that fact. circumstances. the same scrutiny as other Federal I can assure my colleagues that none Furthermore, nothing in the pending spending, we will not know for sure of this is some misguided conclusion amendment would deal at all with the which ones should be modified or elimi- arrived at as a result of applying a rad- more than $400 billion of lost revenue nated and which ones should be kept. ical new interpretation to the Con- each year that results from existing We do know that, like entitlement stitution. This is not judicial logic tax expenditures. I know Senators have spending, tax expenditures are pro- gone awry. Quite the opposite. It is the heard the proponents of this proposal jected to grow dramatically over the considered judgement of renowned say that it is very broad. They say it next several years. In a committee scholars that a separate enrollment will cover everything—appropriation print issued in December 1994 by the procedure is unconstitutional on the bills, direct spending bills, and bills Senate Budget Committee entitled, grounds that it violates the present- containing tax preference items. But is ment clause as written in Article I, that true? The answer is no. ‘‘Tax Expenditures, Compendium of section 7, clause 2. All any Senator has to do is read the Background Material of Individual The truly sad fact in all of this, is language of the amendment. It reads as Provisions,’’ the aggregate cost of that we do not need to proceed along follows, as it related to entitlements these provisions will equal $453 billion these lines. We do not need to trample and targeted tax benefits in section for fiscal year 1995 and will rise each on the Constitution to accomplish 2(b)(1) on page 2 of the amendment: year thereafter to a total of $568.5 bil- what is intended. We have an alter- lion in fiscal year 1999. A committee of either the House or the native option, which everyone agrees is Senate shall not report an authorization The cumulative increase for those 4 constitutional. The bill originally in- measure that contains new direct spending years will equal $283.9 billion. That troduced by Senators DOMENICI and or new targeted tax benefits unless such level of increase dwarfs the total EXON, S. 14, would accomplish the goal measure presents each new direct spending amount that is spent each year on our March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4235 entire domestic discretionary budget ever. None. Zilch. The reason that is I do not intend to take a great deal of which amounts to only $225.5 billion for the case is because nothing in the time in responding to the comments of fiscal year 1995 and is not projected to amendment reduces Federal spending. the Senator from West Virginia. How- grow at all over the next four years. In Under this amendment, any savings ever, there are several points I wish to fact, to the contrary, it appears that that might result from vetoes of items make. domestic discretionary spending will in appropriation bills, or from vetoes of The Senator from West Virginia be called upon to suffer even further new direct spending or new tax breaks, began his presentation by citing—and I cuts below a hard freeze than are al- will not go toward deficit reduction. believe I am correctly quoting him— ready contemplated under OBRA 1993. Instead, those savings can simply be the ‘‘frenetic efforts of Republicans’’ to When one considers that this area of spent on something else. That is the bring a measure to the floor. Yes, there the budget alone, namely, tax expendi- case because, unlike S. 14 or the Demo- was considerable negotiation, but it is tures, escapes the deficit-cutting axe cratic alternative, which Mr. DASCHLE negotiation upon a core and a base of that is being faced by discretionary will present, nothing in the Dole pro- discussion around a concept which has spending and hopefully to the area of posal reduces the allocations of com- been very much a part of the history of entitlement spending as well, it is lit- mittees by the amount of the savings this body. tle wonder that special interest groups that will result from the vetoes. In- Recent history, of course, in the last find these tax breaks to be very appeal- credible as it may seem, the substitute decade or so has shown that a number ing. does not apply any of these spending of attempts have been made to bring I am not saying that all tax expendi- cuts toward reducing the deficit. The line-item veto to a vote in this body. tures are bad. In fact, many serve a authors of the proposal, therefore, have All of them have been unsuccessful. worthwhile public purpose. The earned chosen to allow all spending reductions There have been a number of votes, all income tax credit has benefited many under their ‘‘Separate Enrollment and falling short of the necessary votes to hard-working Americans by lifting Item Veto Act of 1995’’ to be respent, either waive provisions of the Budget them out of poverty and has enabled rather than be applied to deficit reduc- Act or to break an attempted filibuster them to be able to support their fami- tion. of the effort. lies. A number of others—such as those So, Mr. President, I urge my col- So we have not been able to achieve for charitable contributions, home leagues to defeat this proposal and to 60 votes to bring the matter to full de- mortgage interest deduction, as well as vote for the Democratic alternative bate and vote. But the concept of sepa- a number of others—clearly serve a that will be presented by the distin- rate enrollment has been discussed be- useful purpose and are in the national guished minority leader, which many fore on this floor at length and voted interest. But I am convinced that a of us will cosponsor, and which will on, at least in a procedural way. The number, perhaps a large number, of the apply all of its savings from budget underlying concepts of either enhanced more than 120 separate tax expendi- cuts to deficit reduction. rescission or a process described as tures in current law could be either I thank Senators who have patiently line-item veto or a discussion of line- modified or eliminated altogether. waited, and I yield the floor. item veto, all of this has been very In its June 1994 report on this sub- Mr. COATS addressed the Chair. much a part of the debate and discus- ject, the General Accounting Office The PRESIDING OFFICER (Mr. sion that has been present on this floor recommended that tax expenditures CAMPBELL). The Senator from Indiana during the past decade. But the con- should be further integrated into the is recognized. cept of line-item veto goes back his- budget in order to highlight the vast Mr. COATS. Mr. President, I appre- torically much further than that. resources lost to the Federal Govern- ciated the comments of the Senator In fact, it was in 1876 that then Rep- ment by these tax breaks. Moreover, from West Virginia. I have been antici- resentative Charles Faulkner of West these expenditures should have to un- pating his arrival on the floor to de- Virginia introduced for the first time dergo periodic program reviews within bate this issue. It is an important the line-item veto concept. It was re- the congressional tax-writing commit- issue. It deserves full discussion and ferred to the Committee on the Judici- tees. One way to ensure such scrutiny debate. ary where it there died, and since that would be to sunset most tax expendi- We began this latest discussion, of time about 200 line-item veto bills have tures, thus requiring the reenactment course, on Thursday evening of last been introduced. In fact, in nearly of those that are still worthwhile at week. Senator MCCAIN and I discussed every succeeding Congress a proposal regular intervals. But, as I have shown, our proposal at length and then, of has been offered in varying forms but this amendment fails to do that. course, we debated on Friday and all all centered around the same basic And I am fully prepared to work with day Monday, and now it is Tuesday. premise, and that is will this legisla- my colleagues in attempting to enact Last evening, the majority leader of- tive body cede to the President some legislation that would improve the ex- fered an amendment to the original semblance of authority to provide a isting rescission process and would proposal, offered by Senator MCCAIN check and balance against the spending guarantee that a President’s rescission and myself, which, in this Senator’s power exercised by this body. proposals get considered and voted opinion, substantially strengthens the Now, as the Senator from West Vir- upon—just as the proposal that was au- effort which we are undertaking by ex- ginia has enumerated, we are all well thored by Mr. DOMENICI and Mr. EXON panding the scope of the line-item veto aware of the provisions of the Constitu- would have done—and, further, that to include not just appropriations, but tion article I, section 7, which outlines any savings resulting therefrom be ap- targeted tax expenditures, any new di- the procedures by which the legislature plied only to deficit reduction. What I rect spending and new spending in enti- passes legislation and by which the am unwilling to do is to support any tlements that change the law which President approves it. And of course, legislation that does not adequately currently exists. It does not mean that article I, section 7 clearly grants to the guard the constitutionally granted new enrollees are not subject to the President the power to reject what the congressional power of the purse. benefits of entitlements as they cur- Congress has proffered to him, or per- I believe that the separate enroll- rently exist on the books. But it means haps return is a better word. It says ment measure is constitutionally that if attempts are made to expand that ‘‘If any bill shall not be returned flawed and would so encumber the ex- those categories and to provide new by the President within 10 days after it isting appropriations and rescission spending, they are also incorporated. shall have been presented to him, the processes as to make it impossible for These were suggestions offered by same shall be a law, in like manner as Congress and the President to meet Members of the Congress, in particular if he had signed it.’’ their responsibilities of enacting the Senator STEVENS of Alaska, Senator But it also says that the President annual appropriation bills by the be- DOMENICI of New Mexico. We nego- may ask this body to reconsider what ginning of each fiscal year. tiated these changes. Many of these it has done and send back to us bills Finally, and critically important, ideas originated in years past, some of that we have forwarded to him and it Mr. President, this amendment will not them offered by Senators from the will require two-thirds vote of each result in any deficit reduction whatso- other party. body, both the House and the Senate, S 4236 CONGRESSIONAL RECORD — SENATE March 21, 1995 in order to overturn what the Presi- else important appropriations for the national emergency or was added in dent has done. provision of our national defense or for conference and brought back in a way So the constitutional authority for the meeting of national emergency will that, under our rules, is not amend- the President to veto or reject or re- have to be vetoed by the President or able. turn, however you want to phrase it, accepted in whole even though it con- So what we are attempting to do what this legislature has presented is tains items which the executive feels with this process, with this concept of obviously well established as a part of are not in the national interest and separate enrollment, what we are at- the Constitution. But the separate bear no relationship to the legislation tempting to do is to provide the Presi- question is do we want to go one step that is sent to him. dent with presentations from the legis- further in allowing the President the It is that practice that brings us to lature which are specified, item by right within the legislation sent to him this point. It is the practice of a Con- item by item, which the President with to line item items back to this legisla- gress which has discovered that under his able staff and with the resources at ture, to look at the legislation that we the powers granted to it by the Con- their disposal can easily examine. They send to him and give the President the stitution rests and resides what I would can look at these items which do not opportunity to say I will accept this term as an abusive power, a power that comport with the thrust of the legisla- portion but not that portion. I will ac- does not go toward meeting the needs tion presented and send them back cept most of what you sent but I want embodied in the original appropriation here for our review and, if we so you to reconsider that separate por- or the original bill that is sent to the choose, our overriding that particular tion. President but which goes toward pla- veto. That really is the question before us. cating or pleasing an individual paro- As opposed to the statement that the As I said, there have been nearly 200 at- chial interest and is attached even Senator from West Virginia made tempts to do that. Most of those have though it is totally irrelevant to the about his fight to save the constitu- died in committee. Very few have been purpose for the original appropriation, tional system, I would argue that line- reported, and those that have were attached because, as President Truman item veto is a fight to save the con- mostly reported with adverse rec- said, we can hold this over the Presi- stitutional system, it is a fight that ommendations. dent’s head knowing that he needs this Our Founding Fathers discussed this particular expenditure in order to meet honors what the Framers of our Con- issue. They were concerned about the a pressing national need and his choice stitution and what our Founding Fa- balance of power between the respec- is limited to accepting the whole or re- thers attempted to achieve: a system of tive branches. That is why I believe jecting the whole. checks and balances. It is difficult for they wrote the veto power in the Con- It was in 1974 that this Congress this Senator to believe that the Found- stitution to the President. But they stripped the President of his executive ing Fathers of this country, the Fram- were concerned about the unchecked power that was being exercised to im- ers of the Constitution, intended that power, the unbalanced power of the leg- pound funds, the power that was exer- we would present the Executive with a islative branch over the executive cised routinely from every President continuing resolution embodying every branch. In the Federalist Paper No. 73, from Thomas Jefferson to Richard penny of spending for this entire Fed- it was Hamilton who had this to say Nixon. In fact, it was Jefferson who eral Government and place it on the about the executive veto. first employed the power to refuse to desk of the President at the end of a The first thing that offers itself to our ob- spend appropriated funds in 1801 when session—sometimes it is after we have servation is the qualified negative of the he impounded $50,000 that was appro- adjourned that it arrives at his desk, President upon the acts or resolutions of the priated for Navy gunboats. And it is although we are still here in pro forma two houses of the legislature; or, in other the particularly egregious practice, in to finalize the formal adjournment— words, his power of returning all bills with this Senator’s opinion, of loading up and say, ‘‘Mr. President, take it or objections to have the effect of preventing otherwise necessary appropriations leave it. The entire budget of the Unit- their becoming laws, unless they should ed States of America sits on your desk afterwards be ratified by the two thirds of with items that are deemed unneces- each of the component members of the legis- sary, that necessitates, through line- in one piece and your choice is to take lative body. item veto power, a check and balance it all or reject it all.’’ Mr. BYRD. Will the Senator yield? for the President, a restoration of the I would claim that is an abuse of the Will the Senator yield for a question? check and balance power that allows spending power, an abuse of the power Mr. COATS. I would like to be able to someone—in this case the Executive— of the purse, an abuse of the Constitu- give my statement and then I will be to put a question mark on what we tion, an abuse of what the Founding happy at the end of that to yield. I have done and to say, ‘‘If you really be- Fathers intended as the way that body know the Senator would have many lieve that is a necessary item, you have should act—act responsibly. questions. I do not want to spend an ex- the constitutional power to override The Senator from West Virginia has cessive amount of time because there my objection by a two-thirds vote.’’ said that when all is finally said and are other Senators waiting to speak. If What that does is it sheds the light of done, when we take Public Law 103–316, I could go through my statement and public exposure, public debate, and in- Making Appropriations for Energy and then address the question, I would pre- dividual vote—an individual yea or nay Water Development for the Fiscal Year fer to do that. on a particular item—so our constitu- Ending September 30, 1995, and for Mr. BYRD. Very well. ents, those we represent, have the abil- other purposes—that all we send to the Mr. COATS. Presidents throughout ity to examine how we have handled President is this nice, neat little sev- our history have asked for the line- their tax dollars so that they can hold eral-page piece of legislation. And that item veto. It goes all the way back to us accountable, either favorably or un- is a much neater process than sending Ulysses Grant. It was President Tru- favorably, for our actions, not on a to the President the stack of sepa- man who said: massive bill as a whole but on an indi- rately enrolled bills. In one sense it is, One important lack in the Presidential vidual item. because it is much easier to read veto power, I believe, is the authority to No longer will we be allowed the ex- through this small, little booklet than veto individual items in appropriations bills. cuse of saying, ‘‘Yes, I voted for that it is to peruse through that stack of The President must approve the bill in its particular measure, not because it con- bills. entirety or refuse to approve it or let it be- tained the items you object to, but be- But what we have here and what we come law without his approval. cause it had such a pressing national present to the President is something He later went on to say that it was a interest that it overrode the specific that is so general that it is very dif- form of ‘‘legislative blackmail’’—those objections.’’ ficult to itemize out all that it accom- are his words, legislative blackmail— Our constituents say, ‘‘But why did plishes. It is a very neat way for Mem- when the legislature sends to him a bill you not protest that particular item?’’ bers to say, ‘‘I did not know what was it otherwise knows needs to be ap- Frequently we find that particular in the final product.’’ proved by the President or else the item was buried deep within a bill that Under title I of this particular act Government will cease to function or was rushed to the floor to meet some that I am reading, it appropriates, in March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4237 one section here, ‘‘$181,199,000 to re- tion as to what ought to be enrolled. fining and enrolling a bill is ours to de- main available until expended, of But I am confident that, if we under- termine alone. which funds are provided for the fol- stand that each item in a particular There is precedent provided in House lowing projects,’’ in the amounts speci- appropriation or a tax bill or other rule 49, the Gephardt rule. Under this fied. And then it lists about 10 projects. item of legislation is going to be sepa- rule the House clerk is instructed to But that $181 million actually goes to rately enrolled, we will make sure it is prepare a joint resolution raising the fund an additional 326 projects. So, separately enumerated in the legisla- debt ceiling when Congress adopts a when the President looks at this, it is tion that we send down to the enrolling concurrent budget resolution which ex- extremely difficult to determine which clerk. Any ambiguity relative to a ceeds the statutory debt limit. The items are going to receive the specific question mark on enrollment can eas- House is deemed to have voted on and expenditures and which ones are not. ily be resolved by our own efforts. passed a resolution on the debt ceiling Of course, it is impossible for him to As Senators know, the expansion of when the vote occurs on the concurrent examine the legislation and come to this legislation incorporates targeted resolution. Despite the fact that a vote the conclusion that there are portions tax expenditures. The Senator from is never taken, the House is deemed to of this that should not be spent be- West Virginia is absolutely right when have passed it. cause he is forced to accept the en- he cites that the problem and the di- The American Law Division of the tirety or reject the entirety. He has no mension of the problem that we face Congressional Research Service ana- power, no authority, granted to him to does not fall solely on the shoulders of lyzed separate enrollment legislation send back items that he does not deem the appropriations process to the dis- and indicated the following: necessary. cretionary account. In fact, I believe it Evident, it would appear to be, that simply The Senator from West Virginia is less than 20 percent of the budget. In to authorize the President to pick and talked about the process as a cut-and- recognition of that, part of the process choose among provisions of the same bill paste operation, conducted in the wee in negotiating the amendment that would be to contravene this procedure. In hours of the night with clerks assigned was offered by the majority leader was separate enrollment, however, a different from perhaps the Government Printing to expand the scope of the veto power tack was chosen. Separate bills drawn out of Office helping enroll the separate bills. of the President, individual item veto a single original bill are forwarded to the That is the way it used to be done. power of the President, to incorporate President. In this fashion, he may pick and That is the way, I would say to the new spending, new spending in the en- choose. Formal provisions of the presen- tation clause would seem to be observed by Senator from West Virginia, that en- titlement functions, targeted tax this device. rollment of legislation used to be con- spending where specific tax—what I Laurence Tribe, who is a distin- ducted. call tax pork—is incorporated in tax guished constitutional professor of law, It would be a mechanical problem— legislation which goes not to serve a who is frequently quoted on the Senate not an insurmountable one but a me- broad interest or a broad classification floor more often by Democrats than chanical problem—as we used to do it. like charitable deductions, like mort- Republicans, but nevertheless is a re- But we do not do it that way anymore. gage interest deductions, items that spected constitutional scholar, has also Modern computer technology has ar- the Senator from West Virginia men- observed that this measure is constitu- rived in the Senate and arrived at the tioned, but go to please or to satisfy a tional. He recently wrote, and I quote: House. particular narrow interest, an individ- I spent some time with the enrolling ual interest or a specific interest with- The most promising line-item veto idea by clerk asking him how he now goes in a class rather than to the class it- far is that Congress itself begin to treat each appropriation and each tax measure as an in- about this process. He said, ‘‘Well, it is self. That is defined in this bill. That dividual bill to be presented separately to very easy.’’ He showed me a computer will now be brought into this bill. the President for his signature or veto. Such sitting on his desk about this wide and That is an idea that was brought for- a change could be effected simply and with about that high. He showed me a soft- ward by the distinguished Senator no real constitutional difficulty by a tem- ware package which is called XyWrite, from New Jersey, Senator BRADLEY, porary alteration in the congressional rules and he said, ‘‘We now do in a matter of who offered that last year on this floor. regarding the enrolling and presentment of minutes what used to take us hours, So we have incorporated that idea. It is bills. and we now do in a matter of a few a good idea. It immeasurably improves He went on to say: hours what used to take days.’’ He said, and expands the scope of the line-item Courts construing the rules clause of arti- ‘‘While I have authority to bring over veto. And we have added expenditures cle I, section 5, have interpreted it in expan- people from the Government Printing which would be added under the cat- sive terms, and I have little doubt that the Office, I never have to call them any- egory of new expenditures to entitle- sort of individual presentment envisioned by more because the miracle of modern ment programs. It does not change the such a rules change would fall within Con- gress’ broad authority. technology allows us to separately en- law relative to entitlement programs— roll items literally with a push of a few as to who is eligible and what benefits The distinguished Senator from Dela- buttons. What used to take dozens if they are eligible for. But, if this Con- ware, Senator BIDEN, during his tenure not hundreds of hours now can be done gress changes the benefits provided as chairman of the Senate Judiciary literally in minutes.’’ under the entitlement and expands Committee, wrote extensive additional So it is not a mechanical problem. It those and that results in increased ex- views in a committee report on a con- is something that is easily processed penditure, that too would be subject to stitutional line-item veto. He wrote and easily handled by the enrollment the President’s veto. So we have ex- about a separate enrollment substitute clerk. The House clerk has the same panded it far beyond the original provi- which he offered. And I quote from technology as the Senate. sions of just applying it to the appro- Senator BIDEN. The question of do we cede power to priations process. Under the separate enrollment process in- the enrolling clerk I do not believe is I would like to conclude by making stituted by the statutory line-item veto, the valid any longer either because, as the some points on the constitutional ques- items of appropriation presented to the President would not be passed according to enrolling clerk explained to me, he tion because that is a valid question routine lawmaking procedures. Congress does not have the authority. It is not and one which I believe Members need would vote on the original appropriations vested in him to make a determination to address. bill but would not vote again on the sepa- as to what should be enrolled or what Under article I, section 5, each House rately enrolled bills presented to the Presi- should not be enrolled. It is the pur- of Congress has unilateral authority to dent. And the absence of a second vote on view of the appropriators or those who make and amend rules governing its the individual items of appropriation has write the bill to define the items of ex- procedures. Separate enrollment raised questions of constitutionality. For the penditures in those bills. And the speaks to the question of what con- following reasons, such concerns are un- founded: power of the enrolling clerk only goes stitutes a bill. It does nothing to erode One, this does not change congressional to enrolling that particular separate the prerogatives of the President as authority. Each House of Congress has the item. To the extent that we are sloppy that bill is presented. Under the rule- power to make and amend the rules govern- in our efforts, that would raise a ques- making clause, our procedures for de- ing its internal procedures. And, of course, S 4238 CONGRESSIONAL RECORD — SENATE March 21, 1995 Congress has complete control over the con- Senate for further action and presented to is applicable is the first section of article I, tent of the legislation that passes. Thus, the the President for signature. which sets a bicameral requirement for the decisions to initiate the process of separate This process has been in effect for a exercise of lawmaking. But Congress in the enrollment to terminate the process through decade. Despite the absence of a sepa- proposal does not disregard the bicameral- passage of a subsequent statute, to pass a rate vote by the House on the joint res- ism mandate. A bill in identical form has given appropriations bill and to establish the passed both Houses. Then, a functionary, the sections and paragraphs of that bill, are all olution, there have been no constitu- enrolling clerk, follows instructions em- fully within Congress’ discretion and con- tional challenges. bodied in the rules and separates out of this trol. The American law division has sup- bill a series of sections identical to the sec- That is exactly the process which is plied me with a number of cases which tions contained in the larger bill and enrolls presented in Senator DOLE’s amend- further elaborate these points. In Unit- these sections into separate bills; these bills ment. We, the Congress, have complete ed States versus Balan, decided in 1892, are signed by the Speaker of the House and control over the content of the legisla- the Court articulated the power of the the President of the Senate, and these bills are then presented to the President for his tion we pass. Thus, the decisions to ini- Congress to determine its rules of pro- ceeding. It said: signatures or his vetoes. tiate the process of separate enroll- One can readily see that the question is ment, or to terminate that process The Constitution empowers each House to much more narrow than the mere issue through passage of a subsequent stat- determine its rules of proceedings. whether Congress can pass a law that has not ute, or by a sunset provision, which That is the Court speaking. cleared both Houses in an identical version. this DOLE amendment contains, and to It may not by its rules ignore the constitu- The separately enrolled bills, taken to- establish the sections and paragraphs tional constraints or violate fundamental gether, are identical to that initial bill. If of the bill, which we have the author- rights, and there should be a reasonable rela- Congress should conclude that this two-step ity and the power to do, all are fully tion between the mode or method of proceed- process comports with the constitutional re- within our control and discretion. ing established by the rule and the result quirement of bicameral passage of a legisla- tive measure, in what way has a constitu- Quoting again from Senator BIDEN: which is sought to be attained. But within these limitations, all manners of method are tional restraint been breached? A requirement that Congress again pass open to the determination of the House, and The issue of validity could also be influ- each separately enrolled item would only be it is no impeachment of the rule to say that enced in determination by two other factors. a formal refinement, not a substantive one. some other way would be better, more accu- That is, first, Congress is not seeking to ag- It would not prevent power from being shift- rate, or even more just. It is no objection to grandize itself or to infringe on the powers of ed from Congress to the President, because the validity of a rule that a different one has another branch . . . second . . . it must be under the statutory line-item veto, Congress observed that these rules are entirely an in- will retain the full extent of the legislative been prescribed and enforced for a length of time. The power to make rules is not one ternal matter, subject to alteration by sim- power. Nor would it serve to shield Congress ple resolution at any time in either House. from the process of separate enrollment, be- which, once exercised, is exhausted. It is a There is no irrevocable conveying away. cause Congress will retain the discretion to continuous power, always subject to be exer- 2. There is some question about whether terminate the process. cised by the House and within the limita- tions suggested, absolute and beyond the the judiciary will review this case at all. If we pass the whole, surely we pass challenge of any other body or tribunal. There is some precedent to indicate that the the parts. How can we argue that hav- So is that not what we are doing? Are judiciary may construe separate enrollment ing passed an appropriation bill that as a political question unsuited for judicial we not exercising that continuous covers spending for certain functions of review. power articulated by the Court to Government—let us say the Commerce Marshall Field v. Clark (143 US 649 (1892): make our rules? Once exercised, that Department—it does not incorporate The signing by the Speaker of the House of power is not exhausted, as the Court the separate items of spending listed Representatives and by the President of the said. It is always subject to be exer- Senate, in open session, of an enrolled bill, is within that bill? To argue otherwise is cised. In this case, the Court was refer- an official attestation by the two House of to say that Congress, in passing the ring to an action by the House. Obvi- such bill as one that has passed Congress. It whole, does not pass the separate is a declaration by the two Houses, through items. And it seems to me that a more ously, it could apply to the Senate equally. their presiding officers, to be President, that legitimate process—if you are con- a bill, thus attested, has received, in due cerned with that question—is to sepa- So it is not impeachment of the rule form, the sanction of the legislative branch rately enroll the items. Then there is to say that some other way would be of the Government, and that it is delivered no doubt that we have passed those better, more accurate, or even more to him in obedience to the constitutional re- separate items. So passing the whole just. Who is to say that this method is quirement that all bills which pass Congress incorporates the parts. not more accurate? I believe it is more shall be presented to him. And when a bill, thus attested, receives his approval, and is Senator BIDEN said: accurate. It is certainly more accurate than the 10- or 12-page bill presented to deposited in the public archives, its authen- The second reason why he believes the con- tication as a bill that has passed Congress stitutional concerns are unfounded relates to the President for his signature, which does not begin to enumerate the ac- should be deemed complete and unimpeach- House rule 49, the statutory limit on public able. . . . The respect due to coequal and debt. tions of this body. You can pore independent departments requires the judi- I will refer to that later. through this and not begin to under- cial department to act upon that assurance, Rule 49 of the House of Representatives stand how the taxpayer’ dollars are and to accept, as having passed Congress, all empowers the enrolling clerk of the House to going to be spent. But if we separately bills authenticated in the manner stated prepare a joint resolution raising the debt enroll, every Member of this Congress leaving the courts to determine, when the ceiling, when Congress adopts a concurrent will have at his or her disposal, imme- question properly arises, whether the act, so resolution on the budget, exceeding the stat- diately, exactly how dollars are spent, authenticated, is in conformity with the utory limit on the public debt. This proce- exactly how projects are funded and Constitution. dure, which has been in existence since 1979, which projects they are. They will be Judith Best, a distinguished political provides a clear precedent for the separate able to pull pieces of paper out and say, scientist summed up these arguments enrollment of items of appropriation. The House never votes on the joint resolution. ‘‘I do not think this is the way we well. She said: Nonetheless, the House is deemed to have ought to deal with the taxpayer’s ex- Under article I, section 5, Congress pos- voted on the resolution because of its vote penditures.’’ And the light of day will sesses the power to define a bill. Congress on the concurrent resolution. House rule 49 be shed on our actions. I think that is certainly believes that it possesses this states, in part: a more accurate and a more just way of power since it and it alone has been doing so The vote by which the conference report being held accountable to the very peo- since the first bill was presented to the first and the concurrent resolution on the budget ple that send us here to deal with the President in the first Congress. .. . The def- was agreed to in the House shall be deemed inition of a bill is a political question and to have been a vote in favor of such joint res- allocation of their hard-earned dollars. not justiciable. ‘‘Prominent on the surface of olution upon final passage in the House of Killian asks: any case held to involve a political question Representatives. The committee report con- Within this capacious concept, what provi- is found a textually demonstrable constitu- tinued to elaborate on that by saying House sion of the Constitution would the ‘‘deem- tional commitment of the issue to a coordi- rule 49 has not been found unconstitutional ing’’ provision violate? We certainly cannot nate political department. (Baker v. Carr, 369 because of its modification of routine rule- point to any fundamental right that is US 186 (1962)) A ‘‘textually demonstrable making procedures. It is transmitted to the abridged. The constitutional constraint that constitutional commitment’’ of the issue to March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4239 the legislature is found in Each House deter- I believe what we have done borders here, who will be pleased if we say yes mine the Rules of its Proceedings. If Con- on or, if not, is outright immoral. I am and will be very unhappy if we say no. gress may define as a bill a package of dis- not the first person to say that. Distin- And so that natural human tendency tinct programs and unrelated items, it can guished Americans have said that. overcomes all of our best intentions. define distinct programs and unrelated items They have warned about that, and now to be separate bills. Either Congress has the And each year, then, we fail to step up right to define a bill or it does not. Either they have observed us doing it. It is to the responsibilities of making the this proposal is constitutional or the recent grossly unfair for us to enjoy the fruits hard choices. Oh, we make some hard practice of Congress in forming omnibus and the blessings of this country with- choices, but they are just trimming at bills containing unrelated programs and out having to pay for them. A lesson the margins. ungermane items is constitutionally that each of us tries to teach our chil- So I have believed for a long time challengeable. dren has been ignored by this Congress, that the only way we are going to ac- Mr. President, despite the best ef- and that is that debt will ultimately complish what all of us, I believe, deep forts of those who oppose line-item crush you. It will ultimately destroy down in our hearts know we need to ac- veto in any form to characterize this your hopes and your dreams. complish is to put in place structural bill as unconstitutional, I am confident Those items that we have deemed changes which will either force us to that separate enrollment clearly passes part of the American dream, at least accomplish that or make it much more the constitutional hurdle. Both con- that are part of the vision and dreams difficult to continue past practices. servative and liberal constitutional for most of us—owning our own home The balanced budget amendment scholars agree; the American Law Divi- in which to raise our family, having would have forced us to accomplish sion of CRS and the former chairman the wherewithal to educate our chil- that. We would have had to put our left dren, providing for their needs, their of the Senate Judiciary Committee hand on the Bible and our right hand in necessities, whether it be transpor- have spoken clearly to its constitu- the air and each time swear to uphold tation, clothing or food—those dreams tionality. that Constitution. And that Constitu- and visions are going be infinitely If I thought that we would win the tion would have required us to balance harder for future generations because votes of those who are committed to the budget. It would have liberated us. we have failed to act responsibly, be- kill the statutory line-item veto by It would have liberated us from the passing a constitutional amendment, I cause we have failed to honestly face the taxpayer and honestly exercise the pressures of constituencies, from spe- would offer that amendment. However, responsibilities they have given to us, cial interests, from lobby groups. We I strongly suspect that the very same because we have had a very convenient could have looked them in the eye and Senators who are raising constitu- excuse, and that is we can postpone the said, ‘‘Yes, that is a worthy idea, but tional concerns would fight just as day of reckoning, we can postpone the you are going to have to sell it to the hard against granting the President day of payment to a future Congress, taxpayer, because I am constitu- line-item veto authority through a to a future generation. tionally bound to not spend more than constitutional amendment. The real To those who say that all we need do we take in. You are either going to issue at hand is not constitutionality, is stiffen our backbones and exercise have to suggest a reduction in an off- but Congress’ willingness to change. will, I say it has not been done. It has setting program or you are going to Mr. President, let me state that the not been done in 55 out of the last 63 have to suggest a tax increase that will real reason we are here is that this years and for 25 straight years it has pay for it. But, by the end of the ses- body, this Congress, this legislature, not been done. For one reason or an- sion, we have to balance the books.’’ has been unable to responsibly exercise other, there is always an excuse to What a liberation that would be. We the authority and power given to them postpone it, usually past the next elec- ought to self-liberate. That is what I on behalf of the people of the United tion. It is a natural human tendency hope we will do now that we have not States, or a reasonable exercise of ex- which we all fall prey to and that is a passed the balanced budget amend- pending the money, which we require tendency to avoid a very fundamental, ment. them to send to the Federal Govern- basic principle of not having more than I hope we will realize and understand ment. you can afford, of being able to pay for the gravity of the impact of this debt. In 1994 we spent an average of $811.7 it up front. But because the Federal As Thomas Jefferson said: million a day on interest payments. Government is allowed to float debt, The question whether one generation has That is $33.8 million an hour, $564,000 a because the Federal Government, un- the right to bind another by the deficit it minute. Those interest payments are like other institutions, has a conven- imposes is a question of such consequence as due because this Congress did not have ient out, we are able to tell our con- to place it among the fundamental principles the courage or the will to go before the stituents that they can have it all now of government. We should consider ourselves taxpayer and demand payment up front and somebody else will pay for it later. unauthorized to saddle posterity with our at the time of expenditure for items That is why we are here. debts, and morally bound to pay them our- which it passed. And we have, over the Now, in my opinion, we failed to selves. past 20 years, and I point the finger of enact the structural reform necessary I hope that we will take that to heart blame at every Member of this body, to change the way we behave, and that and that we will summon the will to including myself—we have seen the na- was the balanced budget amendment. I accomplish that end. tional debt increase in the last 15 years regret that that failed by one vote. The The line-item veto is a pale shadow from under a trillion dollars to nearly line-item veto is another structural re- in comparison to the balanced budget, $5 trillion, a more than 500 percent in- form that changes the way we behave. but it is the only other game in town— crease. It is almost as if we are trying to save the only other game in town other Because we have not had the courage ourselves from ourselves. than what we have been doing for 25 to go to the public and say, ‘‘If we are That is why I felt the balanced budg- straight years, and that is running going to pass this program, which is et amendment was necessary because, deficits; despite our promises, despite pleasing to many, we are going to have despite all the promises—and I have our rhetoric, despite our best inten- to ask you to pay for it as the money been here through the budget deals and tions, the only other game in town that is expended.’’ And we have, in the proc- through the tax deals and through the changes the way in which this body op- ess, passed on to future generations a promises—that we are going to get it erates, that provides a check on the staggering debt burden which, as the right the next time, despite all that, way we do things, a balance on the way Congressional Budget Office has enu- we fail. We fail because it is so much we do things that makes it more dif- merated, adds a crushing debt load easier to say yes than it is to say no, ficult for us to continue this practice which will provide a stagnant standard because of that natural human tend- of saddling future posterity and gen- of living for future generations, which ency of wanting to go home and say erations with unnecessary debt as a re- will place a burden on them that we yes to the group that will vote in the sult of spending that goes to the nar- have not had placed on our own shoul- subsequent November election on row interests rather than national in- ders. whether or not they want us to stay terests. S 4240 CONGRESSIONAL RECORD — SENATE March 21, 1995 And so what is before us now is the the President to know exactly what it to be attacked by a combination of tax second attempt in a month or so to is we have done. increases and spending cuts. fundamentally change the way we do We do not want a 14-page bill sent to It is this Senator’s opinion that we business. him that incorporates in its first para- have taxed the taxpayers enough, and Some will argue for the status quo, graph, 326 separate items. We would that we ought to attack the deficit on saying that we are constitutionally like those items defined, in detail. A the basis of spending cuts—this Gov- bound. I do not accept that argument. little extra work, yes. But we are not ernment has grown too large—and that Neither do other respected constitu- quill and pen any more. We are com- our first priority ought to be to reduce tional experts. puterized. We have the technology to the scope and size of Government and Some will say that we are tradition do this, to do this easily, to do this ac- to reduce expenditures. Only then con- bound. What a tradition. Who can de- curately, to do this fairly, to do this sider the possibility of an increase, if it fend the tradition of a $5 trillion debt? justly. is needed, to address the balanced Who can possibly defend the way that Mr. President, I would hope our col- budget amendment. we have done business when faced with leagues would conclude that the time So, if the vote was on a measure as such staggering debt? is now, the time to make a structural we have had a number of votes, to just So the line-item veto, as I said, is change, to make a difference, is now. If reduce spending, this Senator is more just a shadow of what might have been we postpone this, if we continue to than happy to vote for it. But not if it accomplished under a balanced budget postpone it, we simply will have a includes raising taxes. amendment, but, nevertheless, an im- much more difficult task in the future. Mr. BYRD. Mr. President, the Sen- portant tool, an important tool to end So, let Members at least, having ator has answered my question. The the practice or at least to make the failed a balanced budget amendment, answer is, he did not vote for either of practice substantially more difficult let Members at least pass line-item those packages, which together saved than the practice that has been the veto so that we can say, ‘‘We did some- upward of $900 billion, would reduce the traditional course of action here for thing different. We made some change deficits by almost $1 trillion over 5- perhaps the history of this body, but in the way we do business.’’ So that we year periods. He did not choose to vote certainly since 1974 when we took away do not have to go home and say ‘‘De- for either of them and he says, ‘‘Be- the President’s right of impoundment. spite the mandate of them, despite the cause they contained tax increases.’’ It is a tool we need. It is a tool we Well, tax increases are one of the burden of the debt, despite the speeches need because it forces us to be honest tools that has to be on the table, in my that each Member has given about the legislators, to own up to the individual judgment, if we are going to consider insidiousness of the debt and item that somebody has proposed and reducing the deficits. Nobody likes to uncontrollability of this debt we did to defend it. And if it is defensible, if it vote for tax increases. I do not like to. nothing structurally different. We did is meritorious, then it will pass. It will I have voted for tax increases, I have nothing to change the way we did busi- gain the votes and the support of the voted for tax cuts. I would much rather ness.’’ Members of this body. vote for tax cuts. Does any Member want to go home If it is not, it will fail. My guess is But tax increases is one of the op- and say that? This is our chance. This that many will not see the light of day tions that we may have to use if we re- is our time. I urge support for the because those items are items that we lieve the burden of debt that is going know cannot generate a majority of amendment by the Senator from Kan- to be placed upon our children and support, otherwise they would be sas, the majority leader, Senator DOLE. grandchildren by virtue of our using brought as individual items to this I yield the floor. the national credit card for the last floor. Mr. BYRD addressed the Chair. dozen to 15 years. We may have to use We will never know the full impact of The PRESIDING OFFICER (Mr. that option to increase taxes. line-item veto because most of the BROWN). The Senator from West Vir- Now, the distinguished Senator refers items that would have been vetoed will ginia is recognized. to the Gephardt rule. The Gephardt never be put on the bills in the first Mr. BYRD. Mr. President, I asked the rule has never been adjudicated by the place. We will not risk the embarrass- Senator from Indiana to yield. He did courts. We do not know how the courts ment of the appropriation or the spe- not wish to yield. would hold on the Gephardt rule. cial tax break that will be labeled He had two opportunities to vote for Furthermore, I might suggest that if ‘‘spending pork’’ or ‘‘tax pork.’’ Most deficit reduction packages—and I will we can deem, in the words of the will not risk that embarrassment of be very brief—in 1990 and again in 1993. amendment that has been offered by having the President call out that sep- Did he vote for either of those deficit Mr. DOLE, if we can deem, and I read arate bill and stamp ‘‘veto’’ on it and reduction packages? The opportunity the language therefrom, ‘‘a measure send it back here and bring it up for de- was there to cut the deficits by a total enrolled pursuant to paragraph one of bate and for a vote. We know in our of around $900 billion in both bills, 1990 subsection (A) with respect to an item hearts it would never achieve a major- and 1993. Did the Senator vote for ei- shall be deemed to be a bill under ity, let alone a two-thirds vote. ther of them? clauses 2 and 3 of section 7 of article I.’’ So line-item veto will not be meas- Mr. COATS. Mr. President, if the Mr. President, the distinguished Sen- ured in the amount of money that it Senator from West Virginia will yield, ator from Indiana says that we ‘‘may saves in the future. Only we know in first of all I apologize to the Senator deem’’ such measure to be a bill under our hearts and in our minds what items for not yielding. I guess I got carried clause 2 and 3, and he says that we may we might have attached if we had not away with my own rhetoric and conclu- do that based on article I, section 5, had line-item veto. Those are the sion. I forget I promised the Senator which leaves to the two Houses the broader reasons, Mr. President. We can from West Virginia that I would yield judgment of determining their own argue the technicalities. We can argue for a question. I trust he will accept rules, but I would hope that the Sen- as we always do that, yes, I support the my apology for that. ator would not argue that the Senate concept but not this bill, not this defi- The question the Senator from West or the House under the cloak of article nition. Virginia has propounded to me is: Did V, the determining of the rules that Well, we have been going through and I vote for the 1990 or the 1993 budget the House and Senate could supervene saying this now for more than a dec- resolution? The answer to that is no. a clear clause in the Constitution of ade. I do not know what perfect piece I would like to explain why I did not. the United States. of legislation lies out there. All I know Because this Senator believes that my Neither House can create a rule that is it is not offered. We have wrestled constituents from Indiana have been would in itself, violate the Constitu- and wrestled with this. We want some- taxed enough. And both of those reso- tion of the United States, or supervene thing that is real, something that has lutions contained substantial increases it, or take precedence over it. All rules teeth, something that makes it harder in taxes, as well as spending cuts. It of the House and Senate—even though for Congress to spend. Not 51 votes. We was the philosophy of some who offered the House and Senate are given the want two-thirds, something that allows those resolutions that our deficit ought power and authority under article I, March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4241 section 5, to determine the rules of—all But the President could take that ernor Thompson has used it over 1,500 Senate and House rules must fall if in- bill and knock out items that were of times since 1987, sometimes to change consistent with the Constitution of the importance to the smaller States, and actual policy. It is my understanding United States. it would be very, very difficult, if not that this is not the case in the legisla- Now, if a bill enrolled pursuant to impossible, for the small States to gar- tion being considered today. paragraph 1 of subsection (A) with re- ner the support in the House of Rep- Virtually all businesses’ and corpora- spect to this item shall be deemed to be resentatives to override that veto. tions’ CEO’s or CFO’s have this author- a bill, if one of these little ‘‘billettes’’ They would not be able to produce the ity. But the President of the United may be deemed to be a bill, if the Con- two-thirds vote. So, in essence, it gives States, who runs the largest combina- stitution said ‘‘Every bill which shall to the President an absolute veto, tion of major governmental enterprises have passed the House of Representa- which the Framers discussed but re- in the world, does not have this author- tives and the Senate, shall, before it jected. ity. becomes a law, be presented to the Mr. President, I have had more than Today, the President has little re- President of the United States’’; if we my share of time here this afternoon. I course to fine tune a budget passed by can deem that and thereby avoid the apologize to those other Senators who the Congress, except to shut down en- requirements of the Constitution, I have been waiting. I yield the floor. tire segments of the Government by wonder if we might not just deem an Several Senators addressed the vetoing an entire appropriations bill. appropriation bill that passes the Chair. In 1992, the General Accounting Of- House of Representatives, just deem The PRESIDING OFFICER. I believe fice estimated that a line-item veto that it has passed the Senate? the next Senator is the Senator from could have pared $70.7 billion in pork- Any appropriation bill that passes California. The Senator from Califor- barrel spending between 1984 and 1989. the House, why not just deem it to nia is recognized. That is just 5 years. If in the next 5 have passed the Senate and go home? It Mrs. FEINSTEIN. Mr. President, this years a similar amount could be cut, would seem to me to be just as appro- is a very short statement. I do appre- then the line-item veto will have done priate to deem an appropriations bill ciate the opportunity to make it. I rise its job. that has passed the House, deem it as today in support of the substitute Enacting a line-item veto will, of amendment to S. 4. course, give the Executive more au- having passed the Senate, as to deem For more than 100 years now, argu- thority, and I recognize that that is a the section or a paragraph or an item ments both pro and con have been problem for some. And even though a in the appropriations bill, deem that to made revolving around whether a President may not use that power fre- be a bill. President should or should not have a quently, the threat of such action may There is one final suggestion I have. line-item veto. As a matter of fact, be the impetus needed to force Con- The distinguished Senator spoke of the since 1876, more than 200 resolutions gress to be more responsible in the for- qualified negative which the constitu- have been introduced on this subject. mulation of the budget. tional Framers gave to the President, Presidents, Democratic and Repub- I believe the line-item veto will in- and they did reject the idea of giving lican, have asked for this special blue crease positive relations between the the President an absolute negative, an pencil. This President has asked for the executive and legislative branches be- absolute veto. They gave him a quali- strongest possible bill, and I believe cause Members will no longer have the fied veto. But in practice, it would that there are several Democratic Sen- ability to insert special projects that seem to me that if the pending amend- ators prepared to vote for this legisla- have little overall merit in appropria- ment becomes law, it could, in effect, tion. tion bills without the concurrence of be the same as giving the President an Basically, the arguments on a line- the Chief Executive. The line-item veto absolute veto for this reason: item veto are either philosophical or can force executive-legislative coopera- Let us say that the several States in constitutional. But regardless, the tion and agreement before the bill the Northeast—Maine, New Hampshire, trend on many levels has clearly been reaches the White House for signature Vermont, Rhode Island, Connecticut, toward a stronger chief executive in or veto. and so on—let us say that those States both State and local jurisdictions. It also encourages caution on the were able to get something into an ap- Today, 43 States have a line-item part of the Chief Executive who would propriations bill that was very vital to veto, and mayors of cities, big and use it sparingly in order to prevent his the Northeast region. Suppose the small, as well as county executives, are veto from being overridden. Really, President vetoed that item or those being granted this authority. what a line-item veto is all about is de- items from the bill and sent those bills In California, the latest city to grant terrence, and that deterrence is aimed back to the House of Representatives a line-item veto to a newly strength- at the pork barrel. I sincerely believe where they originated. Well, obviously, ened mayor is Fresno, a major city that a line-item veto will work. the votes of all the States in the with a population of 667,000 people in In our caucus today, some papers Northeast, when added together, in the California’s Central Valley bread- were passed around which showed a House of Representatives would fall far basket. The Fresno mayor will have paragraph from a bill involving the short of being sufficient to override a this authority beginning in 1997. Patent and Trademark Office, and Presidential veto. The small States In Maryland, the State legislature is there were several subsets attached— would be hard put to corral the votes this year considering granting this au- items which were certainly not re- necessary to override a Presidential thority to the county executive. flected in the paragraph of the bill. One veto of items that affected the small In California, the line-item veto has of these stated: States. been used 254 times in the last 4 years. ** * of which not to exceed $11 million shall West Virginia has three votes in the The Governor has had this authority remain available until expended for fur- House and, in effect, then, it would since 1908, and a recent survey found niture and furnishings related to new space seem to me that the President, in exer- that 92 percent of all current and alteration and construction projects. cising his veto under the amendment former State Governors believe that Now, if I were President, I would say that has been offered by Mr. DOLE, the line-item veto would help curb to my staff—take a look at this. Does would, in practice, as far as practical- spending. the Patent and Copyright Office really ity is concerned, be exercising an abso- Before New Jersey Gov. Christine need $11 million in furnishings? I think lute veto. Small States should look at Todd Whitman signed a $15 billion sup- it is worth a look. this amendment with great concern. plemental budget into law this past Mr. LEVIN. Will the Senator yield on Perhaps the States of California, year, she used the blue pencil to cut that? Texas, Florida, Michigan, New York, $3.17 million from the bill. Mrs. FEINSTEIN. I certainly will. Indiana, and Illinois could come to- The most powerful line-item veto is Mr. LEVIN. I was the one who cir- gether and marshal enough votes probably that provided in Wisconsin, culated this paper. This has nothing to among themselves to at least uphold a where the Governor cannot only veto do with the Patent Office. This had to Presidential veto, sustain it. lines but also individual words. Gov- do with the Federal courts, which S 4242 CONGRESSIONAL RECORD — SENATE March 21, 1995 shows the problem with the pending CA, has just granted it. I believe that ator from Illinois would like to offer an substitute before us, which is there is the people of this country understand amendment, if somebody else would no way of telling from the bill that will the benefits of a line-item veto and are like to offer another amendment. be submitted to the President what it expanding the use of it. I believe we Mr. EXON. I have listened to the relates to. It is just language pulled ought to give this power to our Presi- statement made by the leader, and I out of bills and you do not even know dent. would simply say that we are prepared what it relates to. The Senator is say- So I am very pleased to be able to to move ahead on these things as ing that this was from the Patent Of- support the legislation before this quickly as possible. This is a very im- fice. body. portant piece of legislation, and I have Mrs. FEINSTEIN. Let me respond to I thank the Presiding Officer, and I listened to a lot of talk today that that. The fact is, I do not care what de- yield the floor. some people misconstrue what most of partment it is; any $11 million item for The PRESIDING OFFICER. The Sen- us on this side want to do, and that is furniture should certainly be looked at ator from Kansas is recognized. pass some acceptable version of the a second time, whether it is courts or Mr. DOLE. Mr. President, I just want line-item veto or enhanced rescission agricultural offices or Interior or any- to make an announcement to my col- proposal. thing else. leagues on both sides to know what the So we are not being dilatory. I do not Mr. LEVIN. If the Senator from Cali- program is for the remainder of the think anybody is filibustering. There fornia will yield further, this language evening. has been no threat of a filibuster. I was language which the computer pro- The distinguished Democratic leader hope, for the purpose of moving ahead duced, and the Senator from Indiana has given me a list of potential amend- now, to show we want to get things handed the computer to State, Com- ments which numbers 33 on that side, 4 done—as soon as the Chair thinks it merce and Justice appropriations. And on this side, for a total of 37, and I am appropriate, I would appreciate him the Senator from Indiana said, gee, not in a position to say that is an recognizing the Senator from Illinois that computer does it simply, fairly, agreement that we would want to agree for the purpose of offering an amend- accurately, and the Senator from Cali- to. So I would just suggest tonight, if ment to get on with what we think the fornia said that this related to the Pat- somebody wants to debate the bill, it is request of the majority leader is. Let ent Office. And in fact it has nothing to all right to have the debate, but we are us get going on offering the amend- do with the Patent Office. not going to take up any amendments ments. Mrs. FEINSTEIN. Let me apologize. tonight. And then I will meet with our Mr. DOLE. I will just take 1 addi- The papers were passed out together at leadership tomorrow morning on this tional minute. Again, everybody has our caucus, and I made perhaps the proposal. the right to offer amendments. We cer- mistaken and inadvertent, but not sur- I do not see how we are going to com- tainly learned that this year. We have prising, conclusion that since they plete 37 amendments between now and voted on the same amendments time were passed out together they related Friday morning. Many will probably be after time after time. I bet half of them to one another. the same amendment we have had time are right on here again. Everybody out Now, if I might finish my state- after time after time in an effort to trying to make points: Social Security, ment—— delay and delay and delay action on a children, or somebody else—offering The PRESIDING OFFICER. The Sen- bill that ought to be passed around these amendments. ator from California has the floor. here in 2 or 3 days. It is something we That is a right we have on both sides Mrs. FEINSTEIN. I believe that what debated 7 times in the past 8 years. But of the aisle, but we do not have to take a line-item veto essentially does is en- I know Members have a right in the a week just because Friday is coming. courage caution on the part of both the Senate to offer all the amendments We do not have to say we cannot finish Chief Executive and the legislative they want. And if we cannot get clo- this bill before Friday. We have a lot of body. I think the time has come for fis- ture, why, I assume they can offer all work to do if we are going to have any cal discipline. As I said, I sincerely be- the amendments they want. But I do Easter recess around here. lieve the line-item veto can help us not think it would be in the interest of We have a list of ‘‘must do’’ legisla- achieve that goal. anybody to start off and suggest we are tion. There comes a point when you Let me give an example. When I was going to finish by Friday when we have must get it done. I think if we can fin- mayor of San Francisco, the budget did 37 amendments with no time agree- ish this bill on Thursday, start on ei- not correspond with the size of the ment on a single amendment. It is the ther the supplemental appropriation, Federal budget, but there were 52 de- same thing we have done all year the second supplemental or the modi- partments, and the budget was over $1 long—throw in all the amendments you fied bipartisan measure on regulatory billion. Yet, it was very difficult to get can think of, clean out the garbage reform—not the moratorium but the down to the actual line items. There can, whatever, and then put them on a 45-day review period, which I think was one line for salaries. As a chief ex- list and say take it or leave it. My view Senator REID and Senator NICKLES are ecutive, I really had no opportunity to at this time is to leave it. If anybody working on—then after that, we have go through every salary to make judg- wants to make speeches on the bill or the self-employed tax deduction, which ments about how many people should on any amendment tonight, there will is going to be very important to our be continued and how many people be no disposition of any amendment to- constituents. Tax time is coming. We should not. night. need to pass that early next week. A line-item veto gives the chief exec- The PRESIDING OFFICER. The Sen- Then we have the second supplemental utive this opportunity, and I think the ator from Nebraska is recognized. with billions of dollars in there for blue pencil is a necessary tool of gov- Mr. EXON. Mr. President, I am sorry FEMA, among other things. Then we ernment for a Chief Executive in a to hear what the leader has just said. have a couple of conference reports on modern day. We were prepared to offer an amend- the first supplemental; and then on I also believe that tax breaks and ap- ment. There have been those of us in paper simplification. propriations should be treated simi- the Chamber today who have not had a My view is, if we do not push on this larly. They may be two different items, chance to talk. Some people do not fol- one we are—and if we do a couple of but the results are very much the low the usual order around here, but I amendments tonight, that would only same: they benefit a small segment of was prepared to yield to my colleague leave 35. the population at the expense of the from Illinois for the purpose of offering My view is, certainly if the Senator greater good of all the people. Regard- an amendment. from Illinois wants to offer an amend- less of the item, they both reduce the Do I understand that the leader is ment, he can do that tonight. But I amount of money in the U.S. Treasury. saying he does not want any amend- suggest we then have the vote on that Currently, debates are raging at ments offered as of now? amendment tomorrow, and we will just every level of government about the in- Mr. DOLE. I do not object to an start and see how far we can go until stitution of a line-item veto. Maryland, amendment being offered; there just we have a cloture vote tomorrow some- as I said, is now debating it. Fresno, will not be any vote tonight if the Sen- time. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4243 Mr. SIMON. Will the majority leader But to lay down this substitute, then We do not want to keep anybody yield? to file cloture, then to tell us that we from offering amendments. I just do Mr. DOLE. I will be happy to yield. cannot even offer amendments—most not want to try to do this this evening. Mr. SIMON. Let me just explain, the of which or all of which should be rel- The PRESIDING OFFICER. The mi- amendment I hope to offer simply calls evant—in my view is just unacceptable. nority leader. for expedited judicial review. It is iden- I hope in the end we can deal with this Mr. DASCHLE. Mr. President, let me tical to an amendment that was ac- in a reasonable way. I am sure that we emphasize to Senators on our side of cepted on the House side. can. the aisle that I hope we could offer I think, whether you are for or With that, I yield the floor. some amendments tonight. Now, I un- against this bill, it makes sense. I be- The PRESIDING OFFICER. The Re- derstand the majority leader to say if lieve it would be acceptable to both publican leader. we have the ability to vote on them, sides but I at least want to lay it down Mr. DOLE. Mr. President, we may let us do that. Let us move ahead. tonight and then, if there is not agree- have an opportunity overnight to go But there are really two issues here. ment tonight, then we can agree on it back and shorten the list some. I can- The first issue is whether or not the tomorrow. Democratic minority will have the not believe there are 37—34 amend- Mr. DOLE. Is the Senator going to right to offer amendments to be heard ments on that side of the aisle. First send the amendment to the desk? on any one of a number of bills that there were 40; then they reduced it to Mr. DASCHLE. If the Senator will may come before us. I do not think the yield? 34. I cannot believe all those amend- Republicans in the past have been any Mr. SIMON. If the Senator will yield ments. I think there may be some le- more willing to accept the majority for that purpose. gitimate amendments. There are prob- laying down a bill, cutting off debate, The PRESIDING OFFICER. Does the ably a half dozen, but I do not think and not allowing amendments, espe- Senator from Kansas yield? there are 34. cially those that may be germane or Mr. DOLE. I yield the floor. Maybe we can come back and take relevant, from being considered and de- Several Senators addressed the another look. We now have three bated upon and ultimately voted on. Chair. amendments or four amendments on That is not how we should do busi- Mr. DASCHLE. Mr. President, I did this side of the aisle. The important ness here. What I thought we did was not hear all the words of the distin- thing is, it is not just this legislation. to try to work out arrangements guished majority leader, but I did hear We took 4 or 5 weeks on the balanced whereby both the majority and the mi- the end of his comments. budget amendment. We listened to—ev- nority would have the opportunity to Let me say again, as I have said to erybody got to offer their Social Secu- offer amendments in a reasonable way, him personally: it is not our desire to rity amendment on the other side. and to have votes on those amend- hold up this piece of legislation. Our They tried to make that the issue. ments and ultimately work through desire all along has been to work in Many people who voted for the bal- the legislative process. If we are pre- good faith with the Republican major- anced budget amendment last year, the cluded from doing that, then in my ity. We have consulted with a number identical measure, stood right here and view we have no choice but to vote of our colleagues, all of whom have in- voted no this year. There were a couple against cloture and to drag this process dicated their amendments are relevant. of minor changes. out as long as we must. Nobody wants I am somewhat surprised myself, We do not want to go through that to do that. But I think I can say for frankly, with the list of amendment. I process again. You are either for or you many members of the Democratic cau- had indicated publicly I did not think are against a line-item veto, and we cus that we will do that if that is our the list was going to be as long as the ought to find out. Those who are for it only recourse. list is. But I have given the assurance on both sides—not everybody is for it Second, let me just say this is not to the majority leader that we desire on this side. But those who are for it on just a question of a line-item veto. Ob- to finish this bill this week. We have both sides, I think, would want us to viously, there are legitimate dif- also indicated that our message to all move ahead and get on to the next ferences of opinion with regard to what Members would be that they would piece of legislation if, in fact, we are is the most appropriate form of a line- have to offer their amendments prior going to have a recess, which would item veto. There are differences on to 10 o’clock on Thursday. That is an come when, if it happens? April 7. both sides of the aisle. Our hope is that excellent guarantee. But there are some things we need to we can work through those differences We have also indicated that the do. I understand today there is some and come up with a meaningful piece of amendments that we intend to offer treaty the administration wants us to legislation that will enjoy broad bipar- would be relevant. These have not nec- tisan support. But whether we have do that may take some time. essarily been offered in the past, and I broad bipartisan support depends upon So we are trying to accommodate the hope we could find some way to accom- whether or not there is bipartisan co- administration. In fact, the line-item modate all Senators here. If we have to operation. It is not just a vote on a veto is something the President says go to a cloture vote, we will go to a line-item veto. It is a vote on various he is for. He said today at the White cloture vote. But the issue, if we go to concepts involving line-item veto or a cloture vote, will be whether we, as a House they did not mind these separate line-item rescission and I am fairly op- minority, have the opportunity to be enrollments. They have a lot of pens at timistic that ultimately as we work heard on a very important issue, and to the White House. They make good sou- through these amendments, and as we offer all relevant amendments. venirs. If there are a lot of enroll- work through the course of the week, We only received this amendment ments, they could have a lot of signing that we can come to some ultimate clo- yesterday evening. It is a substitute ceremonies. That is what, in effect, Mr. sure on this issue in a way that would that was laid down yesterday. We have McCurry said, the President’s press allow everyone here to feel good about not been given an opportunity today to spokesman, I think, on that line-item our progress. even offer an amendment. There will be veto. So I hope cooler heads can prevail, no votes on amendments tonight. So we would be happy to work with and that we can truly accomplish all So I hope that everyone shows some the leader overnight. But I say to the that both the majority leader and I and accommodation, and some willingness Senator from Illinois, if he wants to others have expressed a desire to do to cooperate. We are doing our best. We offer the amendment, he certainly has this week. may be able to get that list down even every right. If somebody else wants to Mr. MCCAIN. Will the Democratic some more. But I hope we can continue offer an amendment, Senator MCCAIN leader yield? I would like to say that to work in good faith. And let me em- said he would stay here until 8, 9, 10 the distinguished Democratic leader phasize to the majority leader and to o’clock, so we could stack some of that I am prepared to stay here. We are others, I think if we do work in good those votes if they are not subject to prepared to consider amendments. I faith, we can accommodate all Sen- second-degree amendments and have hope all of our colleagues on both sides ators in a responsible way. those votes tomorrow morning. of the aisle understand that. S 4244 CONGRESSIONAL RECORD — SENATE March 21, 1995 It is my understanding that the ma- The PRESIDING OFFICER. Without I thank the President. I thank my jority leader would like to stack those objection, it is so ordered. colleagues for yielding, and particu- votes tomorrow, which I hope is ac- The amendment is as follows: larly Senator LEVIN who was here on ceptable to the Democratic leader. I At the appropriate place in the pending the floor before I was. hope we can move forward, and hope- amendment, insert the following: Mr. EXON addressed the Chair. fully by tomorrow perhaps we can find, SEC. . JUDICIAL REVIEW. The PRESIDING OFFICER. The Sen- as we usually do, that some of those (a) EXPEDITED REVIEW.— ator from Nebraska. amendments that are on that list are (1) Any Member of Congress may bring an Mr. EXON. Mr. President, I rise in not necessary so we can achieve the action, in the United States District Court support of the amendment offered by goal that both of us seek. for the District of Columbia, for declaratory judgment and injunctive relief on the ground the Senator from Illinois. It is a very I fully understand and appreciate the that any provision of this Act violates the good one, and a very timely one. This desire and commitment of the distin- Constitution. amendment is simply good and prudent guished Democratic leader to protect (2) A copy of any complaint in an action planning. his and the rights on that side of the brought under paragraph (1) shall be prompt- The distinguished Senator from West aisle. ly delivered to the Secretary of the Senate Virginia has detailed our real concerns Mr. DASCHLE. Mr. President, I will and the Clerk of the House of Representa- tives, and each House of Congress shall have with the separate enrollment concept not belabor this point. Let me state advanced by the Republican substitute. one last reminder to my colleagues. If the right to intervene in such action. (3) Any action brought under paragraph (1) Legal scholars can debate whether the we have an agreement, that agreement shall be heard and determined by a three- separate enrollment violates the clause will entail, at least as it stands now, an judge court in accordance with section 2284 of the Constitution. That would be af- understanding that all Senators would of title 28, United States Code. fected regardless of where the Senate have to file their amendments no later Nothing in this section or in any other law comes out on this issue of separate en- than Thursday morning. That leaves shall infringe upon the right of the House of rollment. It is a constitutional ques- tonight and tomorrow and Thursday Representatives or the Senate to intervene tion. morning up to a time certain to offer in an action brought under paragraph (1) I hope that all can agree that we do amendments. So if Senators are serious without the necessity of adopting a resolu- tion to authorize such intervention. not want a constitutional cloud hang- about offering these amendments, I (b) APPEAL TO SUPREME COURT.— hope they will come to the floor to- ing over what I think we will eventu- Notwithstanding any other provisions of ally pass in the form of whatever kind night as late as it takes. This is an op- law, any order of the United States District portunity to present your amendments. Court for the District of Columbia which is of line-item veto or enhanced rescis- Come to the floor tomorrow. But take issued pursuant to an action brought under sion we come up with here in our de- advantage of what I think is an effort paragraph (1) of subsection (a) shall be bate on a final vote. We do not want on both sides of the aisle to accommo- reviewable by appeal directly to the Su- that cloud hanging over forever. date Senators with serious suggestions preme Court of the United States. Any such The pending amendment simply al- appeal shall be taken by a notice of appeal and proposals as to how to improve lows a speedy resolution of this con- filed within 10 days after such order is en- stitutional issue. It does not allow a this piece of legislation. If we do that, tered; and the jurisdictional statement shall I am sure the distinguished Senator be filed within 30 days after such order is en- legal challenge to hang over all the from Arizona is correct. We can reach tered. No stay of an order issued pursuant to bills for years upon years. Let us pro- some agreement tomorrow as to how to an action brought under paragraph (1) of sub- vide an expedited judicial review, dispose of this bill in a way that will section (a) shall be issued by a single Justice which the Senator from Illinois sug- accommodate all Senators. of the Supreme Court. gested. As I understand it, it is iden- I yield the floor. (c) EXPEDITED CONSIDERATION.— tical to what was passed in the House It shall be the duty of the District Court The PRESIDING OFFICER. The Sen- of Representatives. for the District of Columbia and the Su- Possibly this is something that can ator from Arizona. preme Court of the United States to advance Mr. MCCAIN. Mr. President, I want on the docket and to expedite to the greatest be passed by a voice vote, since I know to briefly thank the distinguished possible extent the disposition of any matter of no objection to it on this side of the Democratic leader for his patience. I brought under subsection (a). aisle. want to thank the Senator from Cali- Mr. SIMON. Mr. President, I believe The PRESIDING OFFICER. The Sen- fornia for a very important statement, this is an amendment that will be ac- ator from Arizona. and frankly one that I think has gotten ceptable to both sides. But my col- Mr. McCAIN. Mr. President, I appre- a lot of very important messages asso- leagues will have overnight to look at ciate the intentions of the Senator ciated with it. I appreciate her support it and make a determination. It is from Illinois. I am in agreement, ex- of the line-item veto. I appreciate also identical to the language that is in the cept with one caveat; that is, that the the patience of the Senator from House. It says that any Member of Con- opening paragraph of the amendment Michigan and the Senator from Illi- gress may bring the question of con- says any Member of Congress may nois. stitutionality before the Federal court, bring an action in U.S. District Court I yield the floor. and a panel of three judges will make a for the District of Columbia for declar- Mr. SIMON addressed the Chair. determination of its constitutionality atory judgment and injunctive relief on The PRESIDING OFFICER. The Sen- and then it can be appealed directly to the ground that any provision of this ator from Illinois. the U.S. Supreme Court. act violates the Constitution. Mr. SIMON. I assure my colleagues I What we do not want is to live in I have not seen the House language, I will just take a few minutes. limbo. We have people like John Kil- say to my friend from Illinois. But I AMENDMENT NO. 393 lian of CRS and Prof. Larry Tribe of am concerned about any provision of (Purpose: To provide for expedited judicial Harvard who believe it is constitu- the act which is unconstitutional, and review) tional. You have others like Louis whether the entire act would be uncon- Mr. SIMON. Mr. President, I send an Fisher of CRS and Walter Dellinger, stitutional, if that was the intent of amendment to the desk in behalf of who believe it is not constitutional. I the amendment. If it was the intent of myself and Senator LEVIN, and ask for do not know who is right. The courts the amendment, would a severability its immediate consideration. have to make that determination. But clause added to the amendment be ac- The PRESIDING OFFICER. The we ought to know as quickly as pos- ceptable to the Senator from Illinois? clerk will report. sible whether it is constitutional. My Mr. SIMON. Mr. President, if my col- The legislative clerk read as follows: sense is it will pass, and it is clearly league will yield, Mr. President, I am The Senator from Illinois [Mr. SIMON], for going to be signed by the President. sure we can work that out. If the Sen- himself and Mr. LEVIN, proposes an amend- Let us find out whether it meets con- ator’s staff will work with my staff ment numbered 293. stitutional test. overnight, I think we are reaching a Mr. SIMON. Mr. President, I ask That is what we are asking. And that point of agreement. unanimous consent that reading of the very simply is what the amendment Mr. LEVIN. Will the Senator from amendment be dispensed with. does. Arizona yield briefly? March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4245 My understanding is that language EXCERPT OF MR. DELLINGER’S TESTIMONY BE- am not sure yet how that has become tracks the Gramm–Rudman judicial re- FORE THE SUBCOMMITTEE ON THE CONSTITU- such a centerpiece. I hope that those view language as well. That may be TION, JANUARY 1995 on that side of the aisle will at least helpful as a precedent as you review As much as I regret saying so, I think that listen to those of us here who would this overnight. Senator Biden’s proposal for separate enroll- like to suggest and have a vote on what ment also raises significant constitutional we may think would be a better way Mr. McCAIN. I thank the Senators issues, you know, that would atomize or dis- from Illinois and Michigan. member one of these large appropriations that would keep us, hopefully, away I would like to ensure—and I think bills into its individual items which the from the courts intervening and saying the Senator from Illinois is in agree- President could then sign. I think it is either that we have done something unconsti- ment with me. If one minor provision invalid under the clause, in my view, or, at tutional. of the act is declared unconstitutional, a minimum, it raises such complicated ques- I simply say that I believe there are I would not want the entire act to be tions under the Presentment Clause that it some concerns with regard to an en- is a foolhardy way to proceed because if we declared unconstitutional. I know what rollment clerk. I listened to the Sen- and all of our predecessors are right, I think ator from Indiana this afternoon talk the opponents of this legislation are that which has to be presented to the Presi- trying to get at. It is primarily sepa- dent is the thing that passed the House and about how computers could be used to rate enrollment. I understand that. If the Senate, and that which passed the House expedite this process and it would not it were declared unconstitutional, then and the Senate is the bill they voted on on be as laborious as indicated in the pres- obviously, the entire act would be out. final passage, not some little piece of it or a entation by Senator BYRD. I wonder if If it is a minor aspect of it, I would like series of little pieces of it. So I have doubts we recognize that the Constitution about it. to not see the entire legislation probably does not allow computers to knocked out. Mr. EXON. Mr. President, during the sign bills or ‘‘billettes,’’ as they were So I look forward to working with extensive debate that has gone on now called today by Senator BYRD in his the staff of the Senator from Illinois since 2:15 this afternoon, a lot of things rather extensive debate. overnight, and obviously with the good have been talked about. I simply em- When you start talking about this counsel of the Senator from Michigan. phasize once again that, as far as this enrollment proposition, I do not be- I hope we can work that out during the Senator is concerned, I am working lieve that the Framers of the Constitu- very hard and have been for many tion ever envisioned that an enroll- course of the evening. years to try to come up with some- ment clerk would be involved in such I thank the Senator. thing that we can generally agree on, an intricate way. If the enrollment Mr. SIMON. I thank my colleague get it passed, hoping it is constitu- clerk would be required to enroll all of from Arizona. tional. I go way back to 1986 when the these bills separately, given that, we Mr. McCAIN. Mr. President, we will then Indiana Senator, Dan Quayle—the also have to recognize that the Speaker not accept the amendment at this time predecessor to Senator COATS, who was of the House of Representatives, the until we get the language worked out in the chair most of the afternoon—and President pro tempore of the Senate, and also in keeping with the wishes of I combined at that time on what was and the President of the United States the majority leader that we not do any called the pork-buster bill. That all have to sign these. I suspect and amendments this evening. But I also launched one of the first recent initia- would hope that we would not have would like to assure the Senator from tives trying to do something about put- changed the system so much that we Illinois that I think it is entirely fair ting some brakes on some of the pork do not require the signature of those and justified to see an expedited review that goes into the bills. key officers, as established in the Con- of this legislation. So, therefore, I wanted to march stitution, and that they can sign I ask unanimous consent that the shoulder to shoulder, as I did with the through a computer. It might well be pending amendment be set aside. chairman of the Budget Committee, that we have advanced to the point The PRESIDING OFFICER (Ms. Senator DOMENICI, this year in intro- where the computer can sign the name SNOWE). Without objection, it is so or- ducing S. 4. And then came, of course, of the President of the United States. dered. S. 14, which came after S. 4. It was in- But I suspect that that might be some- Mr. EXON. Madam President, I have troduced by Senator MCCAIN and oth- what suspect from a constitutional been listening all afternoon to the ex- ers. We held a very interesting hearing standpoint. cellent presentation by Senator BYRD on that. It now seems that many of the I simply say, Mr. President, that all from West Virginia and learned a great things embodied in S. 4 have changed we are trying to do here is to move deal. I think we would all agree that to the new concept offered by the ma- ahead aggressively. Let us have an the Senator from West Virginia is a jority leader last night. I think some open debate. Let us not try to shut off very talented and experienced con- significant changes were made that debate, because this is a very impor- stitutional lawyer. I thought he brings the proposal that is now before tant matter. Certainly, when you are brought up some excellent points the body much, much closer to S. 14, talking about matters like this, mat- today, and I simply say that I think it which Senator DOMENICI and myself in- ters that we debate at some length re- is very important that the Congress troduced under the number S. 14. garding the constitutional amendment listen to somebody with the experience So I think we are making progress. I to balance the budget—an item, by the of Senator BYRD and not get ourselves think we are going to pass something way, on which this Senator sided with into a situation where we, once again, now. But I certainly hope that we rec- those on the majority side of the aisle. try, and maybe this time pass, some ognize and realize that nothing is per- I still think constructive debate, dialog version of a line-item veto and then fect, and the substitute offered last and discussion is part of the Senate have it promptly set aside by the night, which I understand has been process, and we should not try to move courts. None of us want that. There agreed to by most of the Senators on as quickly on everything as does the have been a lot of arguments back and that side of the aisle in the majority, is House of Representatives. forth, and I will submit for the RECORD something that we are looking at. I I remind all that the U.S. Senate is at this juncture a statement by Walter think some changes would be in order, not the House of Representatives. If Dellinger in front of the Judiciary and I certainly hope that we will not there is one thing that was made clear Committee in January of this year dismiss out of hand the detailed pres- by the Framers of the Constitution, which disagrees with the holding of entation made by Senator BYRD today. they felt that the U.S. Senate should Senator BIDEN of the Judiciary Com- The points he made, I thought, were be the more deliberative body. That mittee, the former chairman, with re- tremendously important, and we does not mean we should be so delib- gard to this concept of enrollment. should take a look at that. erative that we get nothing done. Nor I ask unanimous consent that that be I am not sure where and when it does it mean that we have to race down printed in the RECORD at this point. came after the introduction of S. 4 and the track like they do in the House of There being no objection, the mate- S. 14, which were the two principal Representatives to meet some magic rial was ordered to be printed in the bills in this area, that had nothing 100 days that I think means little, if RECORD, as follows: about actions of an enrollment clerk. I anything, if we are going to properly S 4246 CONGRESSIONAL RECORD — SENATE March 21, 1995 discharge our duties in the manner in is an enormous step in the right direc- the chairman of the Budget Commit- which we have traditionally done it in tion. tee, Senator DOMENICI, and Senators the U.S. Senate. Madam President, there is a common BRADLEY, CRAIG and COHEN. The origi- I was extremely disappointed by the thread between this legislation and the nal S. 14 stood in stark contrast to vote on the balanced budget amend- balanced budget amendment. When we some of the other line-item veto pro- ment. However, we cannot spend the debate either measure, this Chamber posals. rest of the session licking our wounds sounds like a revival tent of sinners re- I am not saying that ours was perfect and assigning blame. The world did not penting. Senators vow to refrain from and I do not think others were. come to a screeching halt because the wasteful spending. S. 14, though, would have forced Con- balanced budget amendment failed to I say, ‘‘All evidence to the contrary.’’ gress to vote on the cancellation of a carry the day. We continue to run defi- We have been out of control and spend- budget item proposed by the President. cits and we continue to pile up debt. It ing abounds. The only thing in short However, it needed only a simple ma- is time to move forward on a bipartisan supply is self-restraint. jority of both Houses of Congress to basis. It is time to balance the budget Revenue acts are chocked full of spe- override the President’s veto. This with or without a balanced budget cial interest tax credits and expendi- proposition was a viable alternative if amendment. tures. Appropriations bills are larded it was still a fact, as I suggest it was Oftentimes, during the balanced with pet projects that cost the tax- and maybe still is, that S. 4 as intro- budget amendment, I found people payer billions of dollars. There are duced would fall to a filibuster. I do talking by each other, as I thought we groaning with pork that is carefully not think any of us wanted that. did to some extent this afternoon. I tucked away—so carefully placed that S. 4, as originally introduced, would the President cannot extract it with- was here all afternoon. I listened very be the legislative equivalent of shoot- out bringing down the entire bill. carefully to the Senator from Indiana. ing oneself in the foot, in my view. If Our colleagues have become quite I thought the Senator from Indiana we are serious about reducing the defi- skillful in slipping in these projects. was setting up a straw man and knock- cit, tax expenditures should be in- The President has a tough choice to ing the straw man down, because I cluded in any line-item veto legisla- make. Will the President veto an ap- tion. Anything else would be a half have not seen anybody on this side of propriations or revenue bill just to get the aisle or that side of the aisle who rid of the pork? measure. The significantly revised S. 4 has been up talking against the con- My colleagues know the drill and that has been introduced by the Repub- cept, at least, of enacting some kind of how it works. The President brings out lican leader as of yesterday has come a enhanced rescission line-item veto. the scales and weighs the good against considerable distance towards address- Call it what you will. the bad. More often than not, the ing the concerns that this Senator had So I hope that we are not going to be President holds his nose and signs the with that portion of S. 4. But S. 4 also talking a great deal during this debate bill. had a lot of good things in it. assuming that there are people on this The obvious solution is to grant the Mr. President, a little history, I side of the aisle that are trying to stop President the line-item veto, more think, is in order. On February 3, 1993, this. I assure you, Mr. President, and I properly called, I suspect, an ‘‘expe- the Budget Committee held a hearing assure all Members on both sides of the dited’’ or ‘‘enhanced’’ rescission au- on the impact of tax expenditures on aisle that I see no determination on ei- thority. That is what we are about and the Federal budget. What we found was ther side of the aisle of a filibuster. I think that we are going to accom- rather startling. At that time, tax ex- But I do see a desire to thoroughly plish it this time. penditures were projected to cost more think things through and then move Suffice it to say, there are few in this than $400 billion and were slated to in- ahead. body and even fewer in the House who crease to $525 billion by the year 1997. But back to the situation at hand. A have firsthand experience with or have Today, tax expenditures are $450 billion long time ago, I hitched my wagon to ever experienced a line-item veto. It is and are projected to rise to $565 billion fiscal discipline and responsibility. I my hope that the limited few, with in 1999. certainly do not plan to switch horses firsthand experience, will be listened Like entitlement programs, tax ex- because of one setback in the form of to. penditures cost the treasury billions of the constitutional amendment to bal- Today, 43 of the 50 State Governors dollars each year. And like entitle- ance the budget. have some form of veto authority. As ments, they receive little scrutiny once Nebraskans care more about what we Governor of the State of Nebraska, I they are enacted into law. Even though leave than what we take. I do not was privileged to have that line-item they increase the deficit like manda- choose to leave other’s children or my veto. It was an invaluable weapon in tory programs, tax expenditures escape grandchildren trillions of dollars in my arsenal to control spending by my any sort of fiscal oversight. Indeed, by debt. State legislature. masquerading as tax expenditures, a I will not leave them a Nation where I think the President of the United program or activity that might not we spend 17 cents of every tax dollar States, President Clinton and all the otherwise pass congressional muster for interest on the debt. I will not rob Presidents that come after him, should could be indirectly funded. Certainly I them of thousands of dollars that they have a line-item veto authority so that would say that we have to take a look will have to pay to service the debt they can take similar action, as I think at these things and a close look. even before we begin to start reducing the President of the United States can Office of Management and Budget Di- the principal. That is what the debate and should do if we can do it in a fash- rector Alice Rivlin correctly summed on the balanced budget amendment and ion—and I emphasize, Madam Presi- up the situation, and I quote:. it is what the debate here is all about— dent, if we can do it in a fashion—that Tax expenditures add to the Federal deficit how do we best do these things in a is not on its face constitutionally sus- in the same way that direct spending pro- fashion that gets them done? pect. grams do. I will not cheat them, my children or I have long believed that the Presi- If we are willing to subject annual grandchildren, out of the legacy they dent should have this power. All but appropriations to the President’s veto so richly deserve. We must do every- two Presidents in the 20th century pen, then that same oversight should thing in our power to blot out the red have advocated some type of line-item be granted to the President on tax ex- ink. veto authority. President Clinton penditures. Pork is pork. We should be I am a realist, though, Madam Presi- strongly supports it. willing to say ‘‘no’’ to both spending dent. The legislation before the Senate On the first day of the 104th Con- pork and tax pork. The revised S. 4 fi- today will not break the back of the gress, I joined in introducing the legis- nally recognizes some of its earlier deficit, and we should all understand lative line-item veto proposal, known shortcomings, in the view of this Sen- that. It will not cause the mountain of as S. 14. This bipartisan compromise ator. debt to vanish into thin air. But it will was cosponsored by the distinguished For too long, many of our colleagues rein in pork-barrel spending, and that Republican and Democratic leaders, have clung to the thin reed that we can March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4247 solve the deficit by cutting only appro- party substitute version of the line- The measure before Members raises priated spending. Unfortunately, the item veto legislation. I must say at the constitutional questions as well, as reed has given way and we are sinking outset that I am extremely dis- Senator BYRD so eloquently pointed in an ocean of red ink. appointed by the manner in which this out earlier today. It would be very un- In spite of the pay-as-you-go provi- bill was brought to the floor and how fortunate if after all of these years the sions of the 1990 Budget Enforcement the majority party apparently hopes to Congress was finally successful in pass- Act, entitlement spending is the larg- force this bill through very quickly. ing a line-item veto, only to have it de- est and fastest growing part of the Fed- As the majority leader knows and as clared unconstitutional by the U.S. Su- eral budget. The terrible truth is that the chairman of the Senate Budget preme Court. Other proposals such as entitlement or mandatory spending is Committee knows, there are many on S. 14 do not have that potential Achil- projected to grow from about 55 per- this side of the aisle who would like to les heel. cent of the Federal spending in the cur- see a line-item veto bill pass this Sen- There are also issues which the sub- rent fiscal year to 62 percent in the ate. I think it will. We have been work- stitute does not address that I think it year 2005. ing on a bipartisan basis to do so. As should. I believe that most Members The surge occurs in Federal health evidence of the bipartisan effort, I note would agree as they look at the meas- care programs. They are the only pro- that the majority leader and the mi- ure objectively. For example, the grams that will grow at a rate signifi- nority leader were cosponsors of S. 14 President cannot—I emphasize can- cantly faster than the economy, in- as introduced by Chairman DOMENICI creasing from 3.8 percent of the gross and myself. As a long-time supporter of not—reduce any amount. The Presi- domestic product in fiscal year 1995 to the line-item veto legislation, I am dent can only sign or kill it. He cannot 6 percent of GDP in 2005. very encouraged that this topic is fi- scale it back to a more reasonable On the other hand, discretionary nally being debated on the floor of the amount. Under S. 4, the President had spending, which currently makes up Senate. that option of reducing the amount. only about one-third of all of the Fed- I hope and trust that the majority In closing, let me say, Madam Presi- eral budget, has been significantly leader will back off of some of the tac- dent, what about the goal of reducing curbed. It is expected to decline as a tics and the ‘‘hurry up’’ actions that the deficit? S. 14 wisely includes a percent of the economy over the same have been so far demonstrated. lockbox to ensure that any money time period. I am reminded of what the great his- saved in rescission goes to reduce the However, we cannot take much com- torian Barbara Tuchman wrote about deficit. The Republican substitute in- fort in this success story. As much as the 14th-century knights of war: cludes no deficit reduction lockbox. I we cut away at the fat and well into They were concerned with action, not the think it should. And I think when my the bone in appropriated spending, we goal—which was why the goal was so rarely friends on that side of the aisle take a get to a point of diminishing returns. attained. look at that, they will agree. We will not be able to balance the If we can have a free and open debate, In conclusion, then, I believe the sub- budget if we rely essentially only on absent hardball politics, and if we can stitute needs further consideration, al- appropriated spending, as anyone who keep our focus on the attainable goal though I am disappointed by the proc- understands the budget process knows. and not just partisan reactions, we can ess used by the majority leader to force Sooner or later we must look the defi- prevail. a cloture vote immediately—sup- cit squarely in the eye and make some Madam President, I have some con- posedly tomorrow—to cut off debate on tough and painful choices. Entitlement cerns regarding the substitute that is this important matter. I am encour- spending and tax expenditures are two before the Congress, although I think aged that the substitute bill has moved that we can no longer avoid. it is a vast improvement over what we in the right direction by including tax The new found Republican realism have considered previously. Although I expenditures, which previous versions about a sunset provision in the amend- understand the need for changes and of that did not. Yet it is far from a per- ed S. 4 is helpful in improving chances compromises, this bill raises some fect bill and could be improved by ad- to pass the legislative line-item veto. questions that I think need to be fully dressing some of the concerns that I This is a brandnew legislation that is explored. have mentioned and others that will be untried and untested. The sunset provi- For example, the majority party has addressed by Senator LEVIN and other sions will allow Congress to look at chosen to vest in the enrolling clerk of my colleagues. any glitches and problems that may the power to divide up appropriations Mr. President, in the hours and days arise. If for some reason the line-item bills into many, perhaps hundreds, of ahead, I hope we can put aside over- veto does not perform to our expecta- pieces. How might such a procedure ac- heated rhetoric and partisanship on the tion, we can trade it in and start anew. tually work in practice? Is such a pro- I also have been stressing that the cedure realistic? Legislative drafters legislative line-item veto. No Senator only way to bring down the deficit is already are coming up with ways to get has a monopoly on all of the issues. No on a bipartisan basis. I support the around this bizarre mechanism. Senator is all right or all wrong. No line-item veto legislation, but some of There are many other troubling ques- Senator has all the answers. my colleagues have doubts. A sunset tions regarding the substitute, but I I hope that we can accommodate as provision will ease some of those con- think they can be corrected if we can many views as possible during the up- cerns because this bill will not be work together, at least corrected to coming debate. If we stay on this carved in stone. We will be able to re- satisfy this Senator and most on this track, Madam President, we will pass a visit the bill at a day certain and make side of the aisle. legislative line-item veto—or call it some changes if necessary. For example, what is to prevent the what you will—that is as good as a During markup, I offered several sun- Congress from enacting provisions that promise that I think we can do in keep- set provisions that failed on party line do not take effect until other specified ing faith with the American people. I votes. I am pleased that the majority provisions take effect? Or, what about thank the Chair. has reconsidered. a provision that spends $80 million if, I yield the floor. The legislative line-item veto does and only if, a second provision spends Mr. MCCAIN addressed the Chair. not exist in a vacuum. We must revisit $20 million, but suspends $100 million if The PRESIDING OFFICER. The the entire Budget Act in 1998. That is the second provision is not enacted? Chair recognizes the Senator from Ari- when the caps and other major provi- What about a provision that funds zona. sions, including the one that creates a every item specified in a separate piece Mr. MCCAIN. I will be very brief. I 60-vote point of order and the system of of legislation? have a lot of responses to the state- sequesters, expires. What better time The majority substitute does not ment from Senator EXON, but I think to reexamine the legislative line-item allow the President to veto these provi- for the record, it might be interesting veto? sions effectively. The legislative proc- to point out that I count 22 of the 34 Madam President, I have finally had ess may end up the victim much more amendments from that side come from an opportunity to review the majority so than all would like to see. Senator EXON. S 4248 CONGRESSIONAL RECORD — SENATE March 21, 1995 One, sunset in 1997; sunset in 1998. budget problems and our deficit prob- dited rescission. One clearly constitu- When I see the amendments, I under- lems. It has proven historically not to tional, one of debatable constitutional- stand the frustration of the majority be a significant cure in States when it ity. leader. I can assure the Senator from comes to the amount of money which But now we have a third one, a very Nebraska there may be changes made has been vetoed by Governors. It is a different bill than was reported by ei- to this bill. One thing I can assure the deterrent. That is worth something, ther the Budget or the Governmental Senator from Nebraska. We will not clearly. Affairs Committee. change the two-thirds majority re- We, at one point, submitted a budget, The top constitutional experts of the quired to override the President’s veto. I believe, to President Reagan and said, Clinton administration and the Bush If there is anything that is clearly ‘‘If you had line-item veto, what would administration do not probably agree unconstitutional, it is to call a veto a you veto?’’ And I think his total vetoes on a whole lot, but they do agree on majority vote by one House. I would be came to be about 1 or 2 percent of the one thing. As much as they want to see more than happy to respond to the deficit that year, a very small percent- the enactment of a line-item veto, be- other remarks of the Senator from Ne- age of the deficit. So it is not a major braska after the Senator from Michi- cure for willpower. cause both President Bush and Presi- gan and then the Senator from Wiscon- It may or may not do some good, de- dent Clinton want line-item veto, both sin finish their statements. pending on how the President uses it. their top constitutional experts have I also finally state unequivocally, the It actually can do some harm if he uses serious constitutional problems with Senator from Indiana on the floor here it wrong. Nonetheless, the Senator this separate enrollment approach was not setting up any straw men. The from Nebraska is correct that it is not which is now before us. I think it is fair Senator from Indiana has been in- going to significantly reduce the defi- to say that both—and I am going to volved in this issue with me for 8 years. cit. It may help somewhat slightly, but read their words —believe that this ap- The Senator from Indiana does not set do not rely on it too heavily. proach is unconstitutional. up straw men. Further evidence of that is the fact The Constitution, as Senator BYRD I have watched the debate, and the that the President controls every line has gone through this afternoon, estab- Senator from Indiana has conducted, I of the budget that he submits to the lishes the method by which laws are thought, a very illuminating and im- Congress. Each line in those budgets is enacted and by which they are re- portant debate between himself and a line which has been approved by the pealed. It specifies a bill becomes a law Senator BYRD. Senator BYRD, as al- President or the President’s staff. when it is passed by both Houses of ways, does an outstanding job, and I During the 12 years of the two Congress, signed by the President, or if am proud of the outstanding job de- Reagan administrations and the Bush the bill is vetoed by the President, fending his point of view and his per- administration, six times out of the 12 when that veto is overridden by a two- spective that the Senator from Indiana years, the appropriations in Congress thirds vote in each House. conducted himself in such fashion. I am exceeded those requests. Six times The substitute before us purports to proud. I reject any allegation that he Congress reduced appropriations below create a third way by which a law can sets up any straw men. the level requested by those two Presi- be made, by giving the Clerk of the I yield the floor. dents. House of Representatives and the Sec- Mr. EXON. Madam President, if I If you look at the average appropria- retary of the Senate the power to en- could correct just one impression that tions level that the Congress appro- roll and to send to the President for his the Senator from Arizona said about priated compared to the appropriations signature bills that have never passed the filing of amendments. requested by the President, again, As a manager of the bill, I filed a where the President has control over either House of the Congress. whole series of amendments before 1 every line, in the Reagan years, the av- Madam President, I do not believe o’clock today, which I had to do to pro- erage appropriation by Congress was that we can or should seek to override tect this side from a whole series of im- $1.7 billion less than requested by constitutionally mandated procedures portant matters that we thought were President Reagan, and the appropria- by statute. We cannot do it if we want- necessary on this side. tions during the Bush years were $3.7 ed to, but we should not do it and I simply advise my colleague from billion less than the appropriations re- should not try to do it. Arizona that as of the breakdown, the quested by the President. Article I, section 7 of the Constitu- Senator from Nebraska has only four So we cannot just say Congress has tion says that each ‘‘bill which shall amendments, and I think we will dis- been the source of the deficit problem. have passed the House of Representa- miss two of those, which gives the It has been a joint problem. Presidents, tives and the Senate shall be presented manager of the bill only two amend- as well as Congress, have contributed to the President for signature.’’ ments. And I think, by any measure, to it at least equally—at least equally. The Constitution does not say that that is reasonable. And if you look at averages, slightly pieces and parts of bills passed by the I yield the floor. more by the executive branch than by Congress may be presented to the Mr. LEVIN addressed the Chair. the legislative branch. So when we talk President for signature. It does not say The PRESIDING OFFICER. The Sen- about those add-ons, those back-home that line items or paragraphs or sub- ator from Michigan. projects, that does not explain the defi- paragraphs of bills passed by the Con- Mr. LEVIN. Madam President, first cits that we have run up during the gress shall be presented. It says that let me comment on a couple of the 1980’s. It is much deeper than that. It is bills passed by the Congress shall be points the Senator from Nebraska much more complicated than that, and presented to the President for signa- made in which I concur. He indicated if we think line-item veto is going to ture. most, if not all of us, support some cure it, we are making a mistake, be- Lewis Fisher of the Congressional form of line-item veto, and I think he cause it will not. Will it help? I think Research Service explained the prob- is right. I think that just about every it could. lem several years ago when he testified Member of this body wants to give the In my book, it has to be constitu- relative to an early version of this sep- President greater control over individ- tional or I cannot vote for it. S. 14 is arate enrollment approach, and this is ual items in appropriations bills. I am constitutional and I am able to support what Dr. Fisher said. one of those. I happen to support S. 14. that and vote for it as a substitute to He said under that bill: I think it is constitutional, which is the substitute when we get to it. But very important to me, and I think it the Dole substitute before us, I believe, The enrolling clerk would take a numbered gives the President additional power is unconstitutional and is unworkable. section or unnumbered paragraph and add to without running into the clear provi- Before the Dole substitute was pre- it an enacting or resolving clause, provide the appropriate title and presumably affix a sions of the Constitution relative to sented to us, we had two line-item veto new Senate or House bill number. Such a the presentment clause. bills reported out of the Budget and bill, in the form as fashioned by the enroll- I also agree with the Senator from Governmental Affairs Committees, two ing clerk, and submitted to the President Nebraska when he says not to rely too different line item vetoes. One was an would not appear to have passed the House of much on line-item veto to cure our enhanced rescission and one was expe- Representatives and the Senate. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4249 In other words, the bill that is pre- Madam President, President Clinton Now, President Bush has also been a sented, or the bills, the wheelbarrow favors a line-item veto. His top aide, strong advocate of line-item veto, but full of bills that is presented to the the top official of the administration the top constitutional law expert of his President, has not passed the Senate on matters of constitutional law, As- administration also has taken the posi- and the House. It is different from the sistant Attorney General Walter tion that separate enrollment is uncon- bill that we passed. It is bits and pieces Dellinger, testified earlier this year stitutional. Former Assistant Attorney of a bill that we passed, and that is the that the enhanced rescission bill intro- General Timothy Flanagan testified problem with the Dole substitute be- duced by the Senator from Arizona before the Judiciary Committee as fol- fore us. It purports to give to the Clerk would probably be found to be constitu- lows: of the House of Representatives or to tional, a conclusion with which I hap- pen to disagree but nonetheless the top One type of line-item veto statute would the Secretary of the Senate the power attempt to avoid the problem of the Con- to attest and to send to the President constitutional lawyer in this adminis- stitution’s all-or-nothing approach to Presi- for his signature bills which have not tration found that the approach of Sen- dential action on bills by providing that been passed by the House or the Sen- ator MCCAIN would likely be found to after a bill had passed the House and Senate, be constitutional. ate. individual titles or items of the bill would be However, even Mr. Dellinger could Under the Constitution, a bill cannot enrolled and presented to the President as not find a way to get around the con- separate bills. become law unless that bill has passed stitutional problems with the Dole sub- Such an approach suffers from a number of both Houses of Congress. stitute now before us. The separate en- constitutional defects. First and foremost, Madam President, I have no doubt rollment approach, Mr. Dellinger testi- the Constitution plainly implies that the that the Congress could, after passing fied, runs into the plain language of same bill upon which the Congress voted is an appropriations bill, take that bill up the presentment clause in article I. to be submitted to the President. If the Con- stitution’s text is to be read otherwise to again, divide it into 100, 200, even 1,000 This is what Mr. Dellinger said: separate pieces and pass those pieces permit the presentment requirement to be As much as I regret saying so, I think that met by dividing a bill up into individual again as freestanding measures. Those the proposal for separate enrollment also separate bills then would have been ap- pieces after Congress has passed it and before raises significant constitutional issues. I presentment, then there is no logical reason proved by the Congress and could be think it is either invalid under the present- why the opposite process could not be per- sent to the President for signature. I ment clause or at a minimum it raises such mitted. Congress could require individual ap- even suppose that we could adopt some complicated questions under the present- propriation bills as well as others to be ag- ment clause that it is a foolhardy way to form of streamlined procedures for con- gregated into a giant omnibus bill before proceed. sideration of these separate parts, presentment to the President as a single these separate pieces of legislation. This is the sentence that I now want opus. While that approach would result in to emphasize of Assistant Attorney And again this is what President General Dellinger. the President spending hours and hours Bush’s top constitutional lawyer in the signing various pieces of a single ap- If we and all our predecessors are right—we Justice Department is telling us. He propriation bill, it at least would be and all of our predecessors in that office are right— concluded: constitutional. We would have adopted that which has to be presented to the In my view, the Constitution permits nei- the same bills that the President is President is the thing that passed the House ther result but requires that the bill be pre- signing. But the bill before us contains and the Senate and that which passed the sented to the President as passed by Con- no requirement for any consideration House and the Senate is the bill they voted gress. of the separate measures by the Senate on final passage, not some little piece of it or As passed by Congress. a series of little pieces of it. and the House. Rather, it directs the So the top constitutional experts, enrolling clerks to create such separate Now, on March 16, just a week ago, in Madam President, of both this adminis- bills and to send them to the President a memorandum to Judge Mikva, White tration and the prior administration as if—as if—passed by the Congress. House Counsel, Dr. Dellinger, reiter- agree that the separate enrollment ap- The Supreme Court held in the ated the constitutional problems with proach taken by this substitute has the amendment now before us, with the Chadha case that the legislative steps great constitutional problems. Dole substitute, and this is what he outlined in article I of the Constitution Now, the amendment before us at- said. cannot be amended by legislation. We tempts to address the constitutional cannot amend article I of the Constitu- On what seems to us to be the best reading problems with the separate enrollment of the presentment clause, what must be pre- tion by legislation. We may want to do approach by stating that each, each of it. We may have a good motive in doing sented to the President is the bill in exactly the form in which it was voted on and passed the separate bills enrolled and sent to it. Our goal may be important and by both the House of Representatives and the President ‘‘shall be deemed to be a great. But we cannot amend the Con- the Senate rather than a measure or a series bill under clauses 2 and 3 of section 7 of stitution by legislation. And this is of measures that subsequently has been ab- article I of the Constitution.’’ what the Chadha Court said: stracted from that bill by the clerk of the Now we are going to amend the Con- relevant House. The explicit prescription for legislative ac- stitution by a statutory deeming proc- tion contained in article I cannot be amend- That is the top constitutional official ess, and how convenient. ed by legislation. The legislative steps out- in the administration, in this adminis- I suppose we could pass other laws, lined in article I are not empty formalities. tration that wants line-item veto. That under this theory, which contravene They were designed to assure that both is what they have concluded. The best the Constitution, and deem those pro- Houses of Congress and the President par- reading of the presentment clause says visions to be constitutional as well. We ticipate in the exercise of lawmaking au- that the bill going to the President has thority. to be the same bill in the same form do not have that power. We did not The bicameral requirements—the present- have it before Chadha, when the Su- ment clauses, the President’s veto, and the that we passed. He went on to state—but, of course, preme Court wrote that we cannot Congress’ power to override a veto—were in- amend the Constitution by legislation. tended to erect enduring checks on each this constitutional question is open to branch and to protect the people from the debate like all constitutional ques- And we do not have it after Chadha. improvident exercise of power by mandating tions, I presume. He also said that it It does not do any good to deem sepa- certain prescribed steps. To preserve those would have a better chance to be ruled rate measures as bills. The question is checks and to maintain the separation of constitutional if it made some provi- not whether they are bills in an ab- powers, the carefully defined limits on the sion, in this approach, for Congress to stract sense, the question is whether power of each branch must not be eroded. take up the separate bills and to pass they are bills ‘‘which shall have passed″ With all the obvious flaws of delay, untidi- both Houses of Congress as required by ness, and potential for abuse, we have not them en bloc. yet found a better way to preserve freedom The substitute before us, Madam the Constitution. than by making the exercise of power subject President, contains no such provision These bits and pieces, the product of to the carefully crafted restraints spelled out to address the constitutional infirmity disassembling a bill, these parts have in the Constitution. that Mr. Dellinger pointed out. not passed either House in that form S 4250 CONGRESSIONAL RECORD — SENATE March 21, 1995 and may never have passed either propriations bill, some might have dividing paragraphs into suballo- House in that form. No amount of passed, some might not have passed. cations, last year’s appropriations bills deeming, as convenient as it is, can But we did not do that. We voted on had the following number of items: change that. the package. If we had voted again on Commerce, Justice, and State had 214; The Constitution does not say that each of these items separately, the Defense, 262; Transportation, 150; for- pieces and parts of bills passed by the final outcome might have been very eign ops, 150; Agriculture, 160; Treas- Congress may be presented to the different. Some may have voted for the ury-Postal, 252. President. It does not say that line- final bill, this full bill, specifically be- I will stop there, and I ask unani- item vetoes or paragraphs or subpara- cause of the inclusion of specific items mous consent the list be printed in the graphs of bills passed by Congress shall in the package. That may have actu- RECORD. be presented to the President. It says ally won the vote of some of us. We do The PRESIDING OFFICER. Without that the actual bills passed by Con- that all the time. ‘‘Unless these provi- objection, it is so ordered. gress shall be presented to the Presi- sions, 1, 10, 30, and 38, are in this bill, There being no objection, the list was dent for signature. I cannot vote for it.’’ If those items ordered to be printed in the RECORD, as This may all sound like process and a were in separate bills, some of us may follows: technicality, but it is the essence of have chosen not to vote for this single Commerce, Justice and State Appropria- what we do around here. A vote for a supplemental appropriations bill. tions—214 bill is not the same thing as a separate Let me just give a couple of exam- Defense Appropriations—262 vote on each of its provisions. The bill ples. Section 108 of the defense appro- Transportation Appropriations—150 is a whole and we finally vote on it as priations bill contains a requirement Foreign Operations Appropriations—151 a whole. We all vote for bills. I think for a report on the cost and the source Agriculture Appropriations—162 every one of us has said on the floor of of funds for military activities in Defense Construction Appropriations—45 this Senate or on the floor of the House Haiti. This is a separate section of the Veterans Affairs, HUD, and Indep. Agen- or in a speech somewhere: I do not bill, section 108. Under the substitute cies—174 agree with every provision in this bill before us, it would be separately en- Treasury, Postal Service Appropriations— but I am going to vote for it because on rolled and the President could veto it. 252 Legislative Branch Appropriations—114 balance there are more good provisions But some of us may have voted for the District of Columbia Appropriations—86 than bad provisions. funds provided in this bill for oper- When we, as Members of the Senate, ations in Haiti only because there was Mr. LEVIN. Madam President, I am vote for final passage of a particular another provision in this bill requiring told one of the omnibus appropriations bill, we are not voting on each provi- a very important report. Would the ap- bills that passed the Congress in the sion as though standing alone. We are propriation have passed without the re- mid-1980’s had over 2,000 line items. voting for the whole. And the reality porting requirement? We do not know. Again, I think that is without those is—our real world is—that if we chop We did not vote on it. suballocations, so we could multiply up a bill into its component parts for Section 106 of this bill contains de- that significantly. the President to sign we would be cre- fense rescissions. Those rescissions are Some of the items, by the way, some ating very different bills from the one intended to pay for the appropriations of the items in appropriations bills in- bill that actually passed the Congress. that are made in the bill. We are re- crease spending levels. We know that. Let me just take the supplemental scinding some previous appropriations That is what is usually thought of appropriations bill that we just passed. in order to pay for some current appro- when we increase spending. This was a defense supplemental appro- priations. Under the amendment before But other items in appropriations priations bill that was adopted last us, each of the rescissions would be bills decrease spending levels or they week. By my count, there are approxi- separately enrolled and sent to the set conditions on spending or they pro- mately 78 separate items in this bill President for signature. The President hibit spending for certain purposes. We and that does not include could veto any or all of the rescissions. have provisions in appropriations that suballocations, which would make it a But how many of us would have voted reduce or limit spending. Those are re- much larger number of items. But just for the appropriations if they were not scissions. There are also conditions not including suballocations, I think paid for by the rescissions? Would the placed on expenditures, and prohibi- there are 78 separate items in this bill. appropriations have passed without the tions, again, for spending for particular Each of these would be enrolled under rescissions? That is a very basic point. purposes. the Dole substitute before us. That in- That was a matter of real contention, If those provisions are placed in sepa- cludes 12 paragraphs of appropriations as to whether or not we should be ap- rate sections, as they frequently have for military personnel, 20 paragraphs of propriating money in this supple- been in the past, they could be vetoed rescissions—20 paragraphs of rescis- mental unless we were defunding, under the substitute before us. The sions of DOD appropriations—and 18 unappropriating, rescinding previous President could use the line-item veto paragraphs of rescissions of non-DOD appropriations. Would that bill have to actually repeal, to stop, the prohibi- funds. There are also 20 general and passed without those rescissions? We tions on spending that we put in the miscellaneous provisions in here, in do not know. We did not vote on that. appropriations bills. That would in- this bill we just passed, which would Under the substitute before us, the crease spending. They are not uncom- have to be enrolled separately under President will decide whether to sign mon. Limitations on appropriations or the amendment before us. separately the rescissions and the ap- on rescissions are not uncommon. We I voted for this supplemental bill. I propriations. That is very different have plenty of them just voted on. Yet, did not vote for each of those 78 items from what we voted on, one package a line-item veto could be used. When separately and I would not have voted with both. used against rescissions or prohibitions for a lot of those separately. Under the The supplemental appropriations bill on limitations, it could end up increas- approach that is before us now, the that we passed last week was actually ing spending and not cutting spending. President would be voting—each sepa- a rather simple bill as appropriations The bottom line is that Members who rate 78, the President would be decid- measures go. We routinely pass appro- vote for an appropriations bill usually ing on whether to sign 78 separate bills, priations bills that contain hundreds, do not support every item in it. We do whereas we did not vote separately on even thousands of items. Here is a not vote on each of those items sepa- 78 separate bills, and a whole bunch of quick listing of last year’s appropria- rately. We would not know what the those may not have passed as 78 sepa- tions bills, how many items they had, result would be if we cast such votes on rate bills. And the whole bill may not not including what are now called each item separately. We finally vote have passed had some of those 78 sepa- suballocations. I will get to that issue on an entire packet. That is the bill rate items not been included in the in a moment. But without getting even that we pass, and that is the bill that bill. to pulling apart paragraphs, just look- must be sent to the President under If we had a separate vote on each of ing at paragraphs themselves, num- the Constitution. I believe that in an the separate items in the defense ap- bered or unnumbered, without sub- appropriations bill of any size, each of March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4251 us likes some of the provisions and dis- much more rigid. We are going to have I hope I am quoting him correctly. He likes others. That balancing is the es- much lengthier, cumbersome appro- quoted the enrolling clerk last week. sence of the legislative process. It is priations bills. But, nonetheless, He said it is at least 1,000 times faster what enables us to legislate. In many whether it is good or bad, it is different than the old system with today’s tech- cases, it is what enables us to cut ap- from what we have had before. nology. Then he said he asked the en- propriations. But I want to focus on a different rolling clerk to do a trial run. He took For instance, I may be willing to ac- provision. That is the definition of the the largest bill that we passed, State- cept a significant cut in a program term ‘‘item.’’ This provision is the key Justice-Commerce and Judiciary, and that affects my State because I know to the entire bill because an ‘‘item’’ is asked him to separately enroll it. that a sacrifice will be shared, because what must be separately enrolled. That Well, the stack of paper which we got I know that in the bill it causes a cut is the test of whether or not the enroll- from the enrolling clerk was pretty in a program that is good for my State ment must be made separate by the thick. Here is a copy of the way it where other programs that benefit clerk. There is some very significant came out. This is what we sent to the other States are being cut in the same new language in this substitute which President last year. This is what goes bill. That does not mean that I would again, to the best of our ability, does to the President this year. The pam- have voted for the cut on the one ap- not appear in previous legislation that phlet was about 50 pages long. There propriation involving my State as a we have considered. are 582 bills in here, or items. This is freestanding measure. It is because the The term ‘‘item’’ means (a) with re- just one appropriation bill. This is a 3- pain is distributed as part of a package spect to an appropriations measure; inch-thick stack. Mind you, this is not so that we are often able to support an No. 1, any numbered section; No. 2, any a 3-inch bill. This is 582 bills here that overall measure. unnumbered paragraph, or, No. 3, any go to the President—each separate, The Constitution says one thing that allocation or suballocation of an appro- signed by the Speaker, signed by the is so critical to this substitute. Only priation made in compliance with sec- President of the Senate, sent to the those bills which shall have passed the tion (2)(a) contained in a numbered sec- President for signature. But that is Senate and the House of Representa- tion or an unnumbered paragraph. only the writer’s cramp part of it. That tives are to be sent to the President for It is those words ‘‘allocation or is interesting, but that is just hours signature. The substitute before us suballocation’’ which are the new ma- and days of the President’s time. says something quite different; that terial. The earlier bills referred to Another interesting question is what the President would get pieces of bills items as being either numbered sec- is in these pieces of paper, this trial that we have passed instead of the bills tions of a bill or unnumbered para- run, this bill, that was said to be so themselves. That approach is plainly at graphs of a bill. So the enrolling clerk successful by our friend from Indiana. odds with the requirements of the Con- could take any numbered section or What is the product when you punch stitution, and we should reject it. any unnumbered paragraph and sepa- the computer and come out with 582 Madam President, I do not know if rate it out and enroll it. That is what pages, when you suballocate a para- there are others who are waiting to has been considered in these bills today graph, you rip out a paragraph, and speak. I have some additional points relative to separate enrollment. But you get a bill that can stand on its that I want to make on the practical now in the substitute before us we have own, with four corners? We tried look- problems with the enrollment process an additional thing that has to be sub- ing at that. Here is one of the bills. The that relate to an amendment that I divided out. That is something called Chair has good eyes, but I am afraid will be offering tomorrow. I am won- an allocation or a suballocation of an this is far away. I will read it. It has all dering if I might ask my friend from appropriation that is contained in ei- the formal headings, and it sure looks Wisconsin about how long he expects to ther a numbered section or an unnum- like a bill. If you took a quick glance be, if I may ask unanimous consent to bered paragraph. at that, you would say it is a bill. It make that inquiry. How do we break the allocation or has fancy writing at the top; it is itali- The PRESIDING OFFICER. Without suballocation out of a bill and enroll it cized. All good bills are italicized. objection, it is so ordered. as a separate bill? We do not have to ‘‘103d Congress, second session, in The Senator from Wisconsin. wonder totally about that because the Washington,’’ and then it says, ‘‘An act Mr. FEINGOLD. Madam President, I Senator from Indiana has already making appropriations for the Depart- think roughly half an hour. asked the enrolling clerk to put to- ment of Commerce, Justice, and State, Mr. LEVIN. Madam President, I will gether a sample appropriations bill for related agencies * * * be it enacted try to conclude in about 10 minutes us based on last year’s Commerce- * * * the following sums are appro- and then give my friend some time. State-Justice appropriations bill and priated out of the Treasury’’—and then The PRESIDING OFFICER. The Sen- has asked the enrolling clerk to take you get to the text of the bill. What ator may proceed. that actual bill and to subdivide it ac- looks like a bill is incomprehensible. Mr. LEVIN. Madam President, the cording to this substitute. That is what This is the text of that bill. It says, ‘‘of majority leader said yesterday that the the Senator from Indiana called a trial which $200,000 shall be available pursu- Senate would have an easy time adopt- run. He is a very, very thorough and a ant to subtitle (b) of title I of said ing this substitute. One of the reasons very thoughtful Senator and took the act.’’ was that most of its provisions have time to go to the enrolling clerk and That is the bill the President is sup- been considered by the Senate and say, ‘‘Here, take last year’s State-Jus- posed to sign in this test run. What passed. There is a lot of new language tice-Commerce appropriations bill and act? This act? No, not this act. If you in the substitute. It is worth taking apply the approach that is used in the go back to the bill which no longer ex- some time to analyze that new lan- substitute to that bill.’’ ists, which has been cut up like a sa- guage. For example, the first half of He explained on the floor the other lami into all these slices, then you can the substitute is devoted to points of day—and he explained again this after- figure out that they are not relating to order against any appropriations bill noon—that we have all kinds of new this act. It is some other act. It is the that fails to include in the bill lan- technology. We can use computers. We crime bill of last year. The computer guage detail that is in the committee can punch buttons, and we can sub- generated this in a successful trial run. report. I do not think that has been divide bills in pieces. We do not have to Hundreds of pages are just like this. proposed before. have the enrolling clerks in green eye- (Mr. SANTORUM assumed the chair.) We tried to check the separate en- shades who are trying to figure out Mr. MCCAIN. If the Senator will rollment approach. I do not believe what is going on and type things out in yield, has the Senator ever examined that has ever been part of the bill be- longhand. We have computers. ‘‘Mod- the appropriations bills that are nor- fore. I do not think it has been consid- ern technology’’ is what the Senator mally passed through here and tried to ered by the Senate. If I am wrong, I referred to; ‘‘miracle of modern tech- ascertain which funds went where, will stand corrected. But it is going to nology.’’ It is no longer a difficult proc- under what circumstances, and maybe have a significant impact on the appro- ess. He used the words ‘‘easy, accurate he can explain why it takes days, priations process. It is going to be and fair.’’ I believe those are his words. weeks, sometimes months, to figure S 4252 CONGRESSIONAL RECORD — SENATE March 21, 1995 out who got what money under what Mr. MCCAIN. It was passed by both tions, State, Commerce, Justice, which circumstances? I suggest—and I ask Houses. So all I had to do was pick up said the following, ‘‘For necessary ex- the Senator from Michigan if that is the bill and say, ‘‘See what was in it.’’ penses of the Patent and Trademark more complicated than that is, since I That is not really difficult. Office provided by law, including de- have spent a lot of years trying to fig- Mr. LEVIN. My question of my friend fense of suits . . . $83 million to remain ure out where the pork goes in appro- was, Was the bill that was passed ever available until expended.’’ priations bills and it has taken weeks enrolled? That is another bill, by the way. and months for experts to figure it out. Mr. MCCAIN. Portions were enrolled That goes to the President just that I think it might be easier to figure it that have appropriations associated way. out that way. All they have to do is with them, obviously. But the bill as Now, if the President signs the $83 pick up the phone and ask, ‘‘What is passed is available for reference to be million, he then, if you look back at that $200,000 or $300,000 for?’’ And then looked at to find out where that ap- the bill that was passed but never en- they can respond. plies to. In my view, that is far better rolled, gets to this section: ‘‘Of which Mr. LEVIN. Where do you look to than looking through bills. And I have $6 million is available only for the ac- find out? spent hours in fine print, and we find quisition of high performance comput- Mr. MCCAIN. You call up the people out we are spending $2.5 million to ing capability.’’ who wrote the bill. study the effect on the ozone layer of That is a restriction on the money. Mr. LEVIN. The bill—— flatulence in cows, and nobody knew it That is a restriction on the $83 million. Mr. MCCAIN. It is far better, in my was in there until long after it was It is a limit. If this is vetoed, then he view, to have a single line there than spent. That is what we are trying to has greater use of the $83 million, not the pork that is hidden away and stop here by having a single bill there less. tucked into little areas of the appro- that says exactly what that is being This is an example where an appro- priations bills which sometimes people spent for. All you have to do is go back priations bill’s limitation, restriction, never ever find. to the original legislation that was limits the use of money, does not en- Mr. LEVIN. I tell my friend that at passed and you will know—the Presi- large it. least you can find them if you look. In dent will know whether or not to veto this bill you cannot find them. That is it. And so, now what? Now we have an the bill. Mr. LEVIN. My question is, When the appropriation of $83 million and if the President signs that, if he does not Mr. MCCAIN. That is the bill. That Senator says the legislation that was applies to a certain section, which all passed, the legislation no longer exists, want to be limited in that way, he now you have to do is ask, ‘‘What does it and would my friend agree that what has $83 million to spend without any apply to?’’ If the President asks that he called ‘‘the bill, as passed’’ was limit. That is supposed to be an elimi- and it applies to a piece of pork, he can never enrolled? Would he agree? nation of pork, to give the President say, ‘‘Fine, I will veto that.’’ Mr. MCCAIN. I would agree that the $83 million unlimited instead of $83 Mr. LEVIN. That is the whole bill. It relevant portions of the bill that were million with a restriction on it? says, ‘‘$200,000 shall be available pursu- going to be signed into law were en- And then the one that I discussed ant to subtitle (b) of title’’—— rolled. with the Senator from California. This Mr. MCCAIN. Yes, and they might Mr. LEVIN. Would the Senator agree is a bill that goes to the President. The say, ‘‘Well, it is a special project in that the bill as passed—passed as one total bill, total text: ‘‘Of which not to Michigan.’’ And the President might bill—was never enrolled as a bill? exceed $11 million shall remain avail- say, ‘‘Fine, thanks. Now I know that, Mr. MCCAIN. No. I agree that the rel- able until expended for furniture and and I will veto it.’’ evant portions that are important to furnishings related to new space alter- Mr. LEVIN. There is no way of know- the taxpayers of America were enrolled ation and construction projects; and’’. ing if it is a special project. This is the in each separate bill. Again, I thank That is the text of a bill that goes to entire bill. my friend from Michigan. the President of the United States. The Mr. MCCAIN. All they have to do is Mr. LEVIN. Mr. President, let us go Senator from California said, ‘‘Well, ask. back to what goes to the President. gee, the President should probably veto Mr. LEVIN. If I can say to my friend That goes to the President. It is with- that. We do not need new furniture and from Arizona, when the computer split out meaning. Nobody can look at this furnishings.’’ up this appropriations bill into these bill. This is now a bill. This is no This says no more than $11 million, pieces, this is the bill which the Presi- longer a part of a bill. This is the bill. not to exceed $11 million. This is a re- dent signed. He can ask day and night Nobody looking at that is going to be striction on how much money will be for all the information he wants. That able to say what it means. One is going spent on furniture. This does not say is what the bill says. In an appropria- to have to go back to a bill, which no that $11 million must be spent. It says tions bill now, sure it may take you longer exists, and was never enrolled, not to exceed. It is exactly the opposite some time to figure out what the cross- to try to figure out what that means. of how the Senator from California in- walks are, but you can find out from Let me go into some more detail as to terpreted this. And that is the problem that bill and the conference report for what the complications are when one of giving this kind of gibberish to the that bill exactly what it is. In this, 571 does that. President. There is no context. bills that are going to the President, This is another line that comes out In trying to give the President more each one a separate bill, and it is gib- of the bits and pieces of Commerce, power, we are creating an approach berish, you cannot figure out what that State, Justice. This goes to the Presi- here which is going to be so cum- is. dent. This is the bill. This is it. It is bersome, so empty, such a void, so Mr. MCCAIN. If I can respond to my one of 572 bills that go to the Presi- much of an unrecognizable mishmash, colleague, and I know we are skirting dent. It reads, after the italic and all of hundreds and hundreds and hundreds of the rules of the Senate. All I have to do the other stuff—this is the total text: bills to the President like this. is ask, ‘‘What section is that under; . . . of which $6 million is available only for By the way, a lot of Governors have what part of the entire bill was en- the acquisition of high performance comput- the line-item veto. A lot of States have rolled by the enrolling clerk?’’ There ing capability. the line-item veto. I do not think there was a bill that was enrolled, and what If he signs that, that is the law of the is one State in the United States which does that apply to? I think that is pret- land. That is a law. The $6 million is has a separate enrollment approach. If ty easy. I thank my colleague for his available only for this. That is a limi- there is, I would like to know about it. patience. tation on something. It is a limitation This makes it impossible to know Mr. LEVIN. My understanding is that on the expenditure of funds. what you are signing. The bill that the whole bill is not enrolled by the What is it or what was it a part of? passed the legislature, in this case the clerk. I am wondering whether the Sen- Let us go back and look at what that Congress, no longer exists. It was not ator is saying the bill, before it was was a part of. That was part of the Pat- enrolled as a bill. It was split up, sliced disintegrated, was enrolled. ent and Trademark Office appropria- like a salami, sliced into bits and March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4253 pieces, and the bits and pieces go to the Mr. McCAIN. Mr. President, I thank Deficit Act of 1985 is amended by adding at President. And somehow or other, the my friend from Michigan for a very in- the end the following new sentence: ‘‘How- President is going to figure out the telligent and persuasive argument. ever, OMB shall not designate any such context. I am sure, as the Senator from Michi- amounts of new budget authority, outlays, or receipts as emergency requirements in the Well, I think we can do a lot better gan mentioned, he knows that the leg- report required under subsection (d) if that than that as a legislative process. That islation will be written differently. The statute contains any other provisions that is not what this process is all about. process will change. In fact, this whole are not so designated, but that statute may Again, this is not my summary here. line-item veto is a change in the proc- contain provisions that reduce direct spend- This is not my test case. This is a real ess. ing.’’. test case of the Senator from Indiana, The Senator from Michigan knows (c) NEW POINT OF ORDER.—Title IV of the who gave a real bill to an enrolling very well that in envisioning the sepa- Congressional Budget Act of 1974 is amended rate enrollments taking place that by adding at the end the following new sec- clerk and said, ‘‘Apply the Dole ap- tion: proach, the separate enrollment ap- there will be legislation written in a proach, with these suballocations’’—I different fashion so that they will be ‘‘POINT OF ORDER REGARDING EMERGENCIES emphasize the word ‘‘suballocations,’’ clear. Even if they are not totally ‘‘SEC. 408. It shall not be in order in the because that is what these are —‘‘and clear, the President of the United House of Representatives or the Senate to States can ask what it applies to before consider any bill or joint resolution, or apply it to a real bill.’’ That is a test amendment thereto or conference report case, said to be successful. ‘‘Punch a he signs or vetoes a bill. Finally, I found it interesting that thereon, containing an emergency designa- computer button, folks. It will solve tion for purposes of section 251(b)(2)(D) or the President of the United States, in our problems for us.’’ It is going to cre- 252(e) of the Balanced Budget and Emergency ate a lot more problems than we solve. his comments today, did not find it a Deficit Control Act of 1985 if it also provides difficult task. In fact, he said, I be- I have no doubt that we could craft an appropriation or direct spending for any lieve, that he looked forward to having 582 separate bills that actually put to- other item or contains any other matter, but lots of signing pens and does not view that bill or joint resolution, amendment, or gether the right allocations and with such alarm the process or obsta- conference report may contain rescissions of suballocations and the right conditions cles that he may face as outlined by budget authority or reductions of direct so that it all made sense and the bills the Senator from Michigan. spending, or that amendment may reduce could then really be signed or vetoed I yield the floor. amounts for that emergency.’’. independent of each other. They really (d) CONFORMING AMENDMENT.—The table of Mr. FEINGOLD addressed the Chair. contents set forth in section 1(b) of the Con- could be bills. They would not just be The PRESIDING OFFICER. The Sen- like pieces of a puzzle thrown up into gressional Budget and Impoundment Control ator from Wisconsin. Act of 1974 is amended by inserting after the the air and then coming down in 582 Mr. FEINGOLD addressed the Chair. item relating to section 407 the following pieces. We could do that. We could ac- The PRESIDING OFFICER. The Sen- new item: tually craft 582 bills. It would be a lot ator from Wisconsin. ‘‘SEC. 408. Point of order regarding emer- of work, but it is doable. But it is not Mr. FEINGOLD. Mr. President, I gencies.’’. doable this way. thank the Chair, and I thank the man- Mr. FEINGOLD. Thank you, Mr. It would probably take a lot of effort agers. President. of the Appropriations staff working I ask unanimous consent that the This amendment is based upon legis- around the clock for weeks to do it. We Simon amendment be temporarily set lation, S. 289, the Emergency Spending would then all have to review it care- aside so I can offer two amendments. Control Act of 1995, which I introduced fully to make sure that they really did The PRESIDING OFFICER. Without on January 26 with the Senator from it right. Are the right conditions at- objection, it is so ordered. Arizona [Mr. MCCAIN], the manager of tached to the right appropriations? AMENDMENT NO. 356 the bill before the Congress, as well as There is a name for that process. It is (Purpose: To amend the Congressional Budg- the Senator from Kansas [Mrs. KASSE- called legislation. That is what the et and Impoundment Control Act of 1974 to BAUM], the Senator from California limit consideration of nonemergency mat- name of that process is: legislation. It [Mrs. FEINSTEIN], and the Senator from ters in emergency legislation) is something that we do as Members of Colorado [Mr. CAMPBELL]. Congress. It cannot be done by an en- Mr. FEINGOLD. Thank you, Mr. This is a measure which had passed rolling clerk and it cannot be done by President. I send amendment numbered the other body in the 103d Congress by a computer. 356 to the desk and ask for its imme- an overwhelming vote, and was de- So I say to my colleagues, wherever diate consideration. signed to limit consideration of non- you are on this subject, whether you The PRESIDING OFFICER. The emergency matters in emergency legis- are sure you are for the substitute or clerk will report. lation. not, get a copy of this separately en- The legislative clerk read as follows: The Washington Post, in an editorial rolled document which the Senator The Senator from Wisconsin [Mr. dated August 22, 1994, called this legis- from Indiana got produced from the en- FEINGOLD] proposes an amendment numbered lation ‘‘a good idea.’’ And it is a good rolling clerk. Get a copy of it before 356. idea. you vote on the substitute before us, Mr. FEINGOLD. Mr. President, I ask The line-item veto legislation before because whichever way you are voting unanimous consent further reading be Congress is intended to allow the Presi- on it, this is what we are going to be dispensed with. dent to remove pork-barrel spending producing for ourselves if it passes. The PRESIDING OFFICER. Without from appropriations bills. This amend- And we ought to be very careful. objection, it is so ordered. ment is designed to prevent some of It is worth taking the time to ana- The amendment is as follows: that pork from getting into appropria- lyze this process and to make sure, in At the end of the pending amendment #374, tions bills in the first place. trying to give the President additional add the following: Anyone who has watched the con- power, we are not creating total uncer- SEC. . TREATMENT OF EMERGENCY SPENDING. gressional appropriations process at tainty, total confusion, total chaos (a) EMERGENCTY APPROPRIATIONS.—Section any length knows exactly what we are 251(b)(2)(D)(i) of the Balanced Budget and and, I think, at the end of the game, Emergency Deficit Control Act of 1985 is talking about. An emergency appro- probably, instead of reducing expendi- amended by adding at the end the following priations bill begins moving through tures, perhaps increasing expenditures. new sentence: ‘‘However, OMB shall not ad- the legislative process and it is almost I yield the floor. just any discretionary spending limit under as if a red alert is sounded that a fast- I took much more than the 10 min- this clause for any statute that designates moving appropriations vehicle is on the utes I said I would take at the end. appropriations as emergency requirements if launch pad. I thank my friend from Wisconsin for that statute contains an appropriation for What happens, Mr. President, is staff any other matter, event, or occurrence, but his patience. that statute may contain rescissions of begin drafting legislative language to Mr. McCAIN addressed the Chair. budget authority.’’. insert some project that did not get The PRESIDING OFFICER. The Sen- (b) EMERGENCY LEGISLATION.—Section funded in the regular appropriations ator from Arizona. 252(e) of the Balanced Budget and Emergency bill or got left out in the conference S 4254 CONGRESSIONAL RECORD — SENATE March 21, 1995 committee cutting floor, to insert into offset with spending cuts or revenue in- ing emergency measures by helping to this bill. creases. keep those measures clean of extra- In some cases, the proponents simply However, the rules provide for excep- neous matters on which there is not do not want to wait for a regular ap- tions in the event of an emergency, and even an amendment to make an actual propriations bill to present their argu- I think, rightly so. The deliberate re- emergency designation. ments on behalf of an item. They just view through the Federal budget proc- When the appropriations bill to pro- see this opportunity of an emergency ess, weighing one priority against an- vide relief for the Los Angeles earth- bill to shortcut the whole process. other, in some cases may not permit a quake was introduced last session it of- Mr. President, that is the way things timely response to an international ficially did four things: Provided $7.8 have operated in Congress for many crisis, a national disaster, or some billion for the Los Angeles quake, $1.2 years. That is the way the Federal dol- other emergency. billion for the Department of Defense lars have poured into special projects In other words, Mr. President, we do peacekeeping operations that I men- that might not otherwise be able to not ask that earthquake victims find a tioned, $436 million for Midwest flood compete for limited Federal funds. funding source before we send them relief, and $315 million more for the That is the way that public confidence aid. Mr. President, the emergency ex- 1989 California earthquake. in our ability to achieve fiscal dis- ception to our budget rules designed to Mr. President, it went a lot further cipline has been eroded over the years. expedite a response to an urgent need than that. By the time the Los Angeles Mr. President, it is time that we stop has become something very different. earthquake bill became law it also pro- this abuse of the legislative process. It has become a loophole, abused by vided $1.4 million to fight potato fun- Emergency spending bills should be those trying to circumvent the scru- gus, $2.3 million for FDA pay raises, limited to what they are supposed to be tiny of the budget process. $14.4 million for the National Park for—emergency spending. They should These abuses have taken essentially Service, $12.4 million for the Bureau of not become vehicles for an odd assort- two different forms: First, declaring Indian Affairs, $10 million for a new ment of spending projects. some expenditure to be an emergency Amtrak station in New York. I guess As the Washington Post said in its that is truly not an urgent or unex- we got on the wrong side of the country editorial last year, there should be no pected matter. A second approach is ‘‘hitchhikers in an ambulance.’’ Spe- adding nonemergency matters to emer- on that one. cifically, Mr. President, my amend- gency legislation that is receiving the Mr. McCAIN. Will the Senator re- ment limits emergency spending bills special accelerated consideration that spond to a question? solely to emergencies by establishing a appropriate emergency measures are Mr. FEINGOLD. I am happy to re- new point of order against non- supposed to get. spond. emergency matters other than rescis- Mr. President, this amendment does Mr. McCAIN. Is the Senator from sions of budget authority or reductions not prevent every abuse of the emer- Wisconsin saying the San Andreas in direct spending, spending in any bill gency spending exceptions to our budg- fault extended all the way to New York that contains an emergency bill or an et rule. In fact, it is only aimed at the City? amendment to an emergency measure second problem I just identified. That Mr. FEINGOLD. Apparently, under a or a conference report that contains an is, adding those nonemergency matters new geographical approach used by the emergency measure. to emergency legislation. This proposal Senate on this bill. We are hoping to Mr. President, as an additional en- will not stop Congress and the Presi- change that. forcement mechanism this amendment dent from declaring a matter to be an Mr. McCAIN. I thank the Senator. adds further protection by prohibiting emergency thus funding it by adding it Mr. FEINGOLD. To continue the lit- the Office of Management and Budget to the deficit when it is not truly ur- any, including the Amtrak station in from adjusting the caps on discre- gent or unexpected. New York, we not only had a geo- tionary spending or from adjusting the I am not saying we should not do graphical amazement with regard to sequester process for direct spending that. I am saying that is something we our continent, we had $40 million for and receipt measures for any emer- must address in the future. the space shuttle in the California gency appropriations bill if the bill in- In fact, we saw this recently as last earthquake bill, $20 million for a fin- cludes extraneous items other than re- year when the Department of Defense’s gerprints lab, $500,000 for the U.S. scissions of budget authority or reduc- continuing peacekeeping operation in Trade Representative travel office, and tions in direct spending. Somalia, Bosnia, Iraq, and Haiti were $5.2 million for the Bureau of Public Mr. President, though this proposal, declared emergencies, suddenly with Debt. like the underlying line-item veto the costs added to our Federal budget Mr. McCAIN. Does the Senator say measure, can help in the fight to re- deficit. $20 million for a fingerprints lab? duce the deficit, I want to stress that In most cases, those operations had Mr. FEINGOLD. That is what I un- process rules themselves do not solve been ongoing for significant periods of derstand. the deficit problem. No rule can— time. They were not sudden, urgent, or Mr. McCAIN. Where is the location of whether it is a procedural rule of the unforeseen costs which would have jus- that fingerprints lab? Senate, a statute, or even a constitu- tified circumventing budget rules. Mr. FEINGOLD. I guess more the tional amendment. I offered an amendment last year eastern side of the United States than The only way we can lower the defi- during floor consideration of H.R. 3759 the west. cit is through specific policy action. to strike these questionable provisions. Mr. McCAIN. I thank the Senator. Still, Mr. President, the budget rules Although there were only a handful of Mr. FEINGOLD. Although non- can help Members maintain the kind of votes for this amendment, a number of emergency matters attached to emer- discipline that is necessary to achieve Members expressed concern about gency bills are still subject to spending our goals of deficit reduction. whether such spending was appro- caps established in the current budget Mr. President, I am delighted that priately tied to the California earth- resolution as long as total spending re- the main coauthor of this amendment, quake emergency. The basic problem is mains under those caps, as the Senator or the bill that led to this amendment, that when these spending items are well knows, these unrelated spending is the manager on the majority side, packaged together on a fast track, it is matters are not required to be offset Senator MCCAIN, who called me after difficult to separate questionable items with spending cuts. the election and said, ‘‘Aren’t there for fear of jeopardizing the entire In the case of the Los Angeles earth- some reforms items we can work on to- measure which is supposed to respond quake bill because the caps have been gether?’’ And this is one of the first we to some very immediate human needs reached, the new spending was offset chose to work together on. in places such as California after the by rescission, but in my view those re- In general, Mr. President, the rules earthquake. scissions might otherwise have been require that new spending—whether Although this amendment does not used for deficit reduction. We lost an through direct spending, tax expendi- address this particular problem, it is opportunity for deficit reduction of tures, or discretionary programs—be aimed at limiting the abuses surround- those offsets because they had to be March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4255 used to offset the items I have just list- perhaps one of the most egregious efforts and the efforts of his staff over ed that did not belong in the California abuses of the legislative process is the the years to identify those pork earthquake bill. issue which the amendment of the Sen- projects. I think it is one of the reasons Moreover, by using emergency appro- ator from Wisconsin addresses. That is, that these kinds of amendments have a priations bills as a vehicle these extra- when we have a genuine emergency chance of prevailing in this environ- neous proposals avoid the examination which requires near immediate action ment. through which legislative proposals because it is clear that there are Amer- Mr. President, I ask unanimous con- must usually go to justify Federal ican citizens who need help, and it is sent to set aside my first amendment spending. our responsibility as a Congress to co- so that I can call up my second amend- If there is truly a need to shift funds operate with the executive branch and ment. to these programs, an alternative vehi- provide that much-needed emergency The PRESIDING OFFICER. Without cle—a regular supplemental appropria- relief—in the case that the Senator objection, it is so ordered. tions bill, not an emergency spending from Wisconsin was describing, the ter- bill—is what should be used. rible and tragic earthquakes in Califor- AMENDMENT NO. 362 TO AMENDMENT NO. 347 Mr. President, the amendment I am nia—all too often we discover it is used (Purpose: To express the sense of the Senate offering today will end that kind of as a vehicle for pet projects, appropria- regarding deficit reduction and tax cuts) misuse of the emergency appropria- tions which have no relation to the Mr. FEINGOLD. Mr. President, I tions process. It is a reasonable first emergency, bear no relation to the step toward cleaning up our emergency emergency, and in fact are an egre- have a second amendment No. 362 pend- appropriations process. gious abuse and misuse of the tax- ing at the desk that I call up and ask Adding nonemergency extraneous payers’ dollars. for its immediate consideration. matters to emergency appropriations I would suggest, if the Senator from The PRESIDING OFFICER. The not only is an attempt to avoid legiti- Wisconsin took the time, he and I clerk will report. mate scrutiny of our normal budget could go back through virtually every The legislative clerk read as follows: process, it can also jeopardize our abil- emergency appropriations bill over the The Senator from Wisconsin [Mr. ity to actually provide relief to those past 10 or 15 years and would find simi- FEINGOLD], for himself and Mr. SIMON, pro- who are really suffering from a disaster lar abuses, some of them a bit amusing. poses an amendment numbered 362 to amend- to which we are trying to respond. As I mentioned, San Andreas fault ment No. 347. Just as importantly, adding super- stretched all the way to New York City Mr. FEINGOLD. Mr. President, I ask fluous material to emergency appro- in one case and, of course, fingerprint unanimous consent that reading of the priations bills degrades those very labs would probably not have been ap- amendment be dispensed with. budget rules on which we rely to im- propriated in that fashion, at least The PRESIDING OFFICER. Without pose fiscal discipline. Mr. President, I without some discussion and debate. objection, it is so ordered. think that only encourages further ero- But the point is that rather than The amendment is as follows: sion of our efforts to reduce the deficit. look back and criticize, as I know nei- At the end of the pending amendment No. This amendment that I am offering ther the Senator from Wisconsin nor I 347, add the following: today to the line-item veto proposal wish to do, it is time to look forward, passed the other body in the last Con- and that is to enact the amendment of SEC. . SENSE OF THE SENATE REGARDING DEFI- CIT REDUCTION AND TAX CUTS. gress with overwhelming bipartisan the Senator from Wisconsin to prevent The Senate finds that— support, first as a substitute amend- it in the future, so there will not be (1) the Federal budget according to the ment on a vote of 322 to 99, and then as any temptation involved. most recent estimates of the Congressional amended by a vote of 406 to 6. I thank the Senator from Wisconsin Budget Office continues to be in deficit in So I urge my colleagues to support not only on this bill but a variety of excess of $190 billion; this effort to end this abusive practice. other issues where he has worked on (2) continuing annual Federal budget defi- As I indicated in my opening remarks, legislation which would restore, to cits add to the Federal debt which soon is this amendment is both consistent some degree anyway, the image that projected to exceed $5 trillion; with and complementary to the under- the American people want to have of (3) continuing Federal budget deficits and lying bill. It is an attempt to impose a this body, one that is responsible with growing Federal debt reduce savings and cap- prior restraint on Congress so that this their tax dollars, behaves responsibly, ital formation; kind of spending is not added in the and is not going to act in a fashion (4) continuing Federal budget deficits con- tribute to a higher level of interest rates first place to an emergency spending that makes them lose their confidence than would otherwise occur, raising capital bill. in their ability to trust our Govern- costs and curtailing total investment; This amendment is an attempt to ment. (5) continuing Federal budget deficits also make a fundamental change in the way Mr. President, I suggest to the Sen- contribute to significant trade deficits and Congress has done business in the past. ator from Wisconsin that on this dependence on foreign capital; Slipping pork projects into appropria- amendment it is possible it may be ac- (6) the Federal debt that results from per- tions bills may at one time have been cepted. I have obviously some objec- sistent Federal deficits transfers a poten- the hallmark of a successful legislator, tions to a voice vote at this time. But tially crushing burden to future generations, but I hope in this new era of fiscal con- I know that the Senator from Wiscon- making their living standards lower than straint it is time that this practice sin may want the yeas and yeas, and they otherwise would have been; ended. I hope that this amendment will that is perfectly acceptable. But I (7) efforts to reduce the Federal deficit should be among the highest economic prior- receive the broad bipartisan support might suggest that he wait until to- ities of the 104th Congress; that it surely deserves. morrow to ask for the yeas and nays in (8) enacting across-the-board or so-called I wish to conclude this part of my re- case it happens to be acceptable. It middle class tax cut measures could impede marks by again thanking the Senator may save time of this body. efforts during the 104th Congress to signifi- from Arizona for his work with me on So I assure the Senator from Wiscon- cantly reduce the Federal deficit, and; this and for his rather effective ques- sin, if it is objected to, I would also (9) it is the Sense of the Senate that reduc- tioning during my presentation. make sure that the yeas and nays are ing the Federal deficit should be one of the Mr. MCCAIN addressed the Chair. ordered and it not be disposed of on a Nation’s highest priorities, that enacting an The PRESIDING OFFICER. The Sen- voice vote without his permission. across-the-board or so-called middle class ator from Arizona. Mr. President, I yield the floor. tax cut during the 104th Congress would hinder efforts to reduce the Federal deficit. Mr. MCCAIN. Mr. President, I con- Mr. FEINGOLD. Mr. President, I gratulate the Senator from Wisconsin thank the Senator from Arizona. That Mr. FEINGOLD. I thank the Chair. I on this amendment. I think it is a very sounds like a very reasonable approach also ask unanimous consent that Sen- important one. I say with some mod- to this amendment. I hope it can be ac- ator SIMON of Illinois be added as a co- esty, Mr. President, I believe that I cepted. sponsor to this sense-of-the-Senate have come over the years to have a de- I wish to again thank him for his amendment having to do with tax cuts. gree of expertise on pork-barrel spend- willingness and effort to work on a bi- The PRESIDING OFFICER. Without ing. I have found over the years that partisan basis, and also for his personal objection, it is so ordered. S 4256 CONGRESSIONAL RECORD — SENATE March 21, 1995 Mr. FEINGOLD. I thank the Chair. ly $4 billion in deficit reduction just Some proponents of these tax cuts I rise now to urge my colleagues to from interest savings. argue that they have to be a high pri- support the amendment that I have of- Mr. President, forgoing the tax cuts ority because the American people are fered with the Senator from Arkansas imposed by the Contract With America insisting on them. The Senator from [Mr. BUMPERS] and the Senator from Il- produces even more telling results. If Louisiana [Mr. BREAUX] a distinguished linois [Mr. SIMON], expressing the sense we just could resist the tax cuts called member of our tax-writing committee, of the Senate that reducing the Federal for in the Contract With America, we had a very good response to this con- deficit should be one of the Nation’s would save this country over $200 bil- tention. highest priorities, and that enacting an lion and about $20 billion in interest In today’s Washington Post he was across-the-board, so-called middle-class costs alone. quoted as saying, ‘‘We do not have a lot tax cut during the 104th Congress Assuming those tax cuts were offset of people marching on Washington ask- would actually hinder efforts to reduce with spending cuts, doing nothing more ing for tax cuts.’’ the Federal deficit. to the budget than forgoing those pro- The Senator from Louisiana hit the I have argued against broad tax cuts posed tax cuts could reduce the deficit nail on the head. There is no great de- on a number of occasions, and I am es- by $80 billion in fiscal year 2000 and we mand for tax cuts, but there is wide- pecially pleased to be joined by the would be approaching an annual deficit spread support for us to cut spending Senator from Arkansas and the Sen- of $114 billion. and to use those savings to reduce the ator from Illinois in this effort. And I Mr. President, at this point I am de- deficit. might note that the manager of the bill lighted to ask unanimous consent that I have been speaking out on this on the minority side, Senator EXON, the senior Senator from Nebraska, Sen- issue for several months now, basically was one of the first people to identify XON, also be added as an original ator E since November 8 when I first saw the the absurdity in the rush to tax cuts. cosponsor of the sense-of-the-Senate Republican contract and then after I He has been a very key leader on this resolution. saw the President’s proposal on Decem- issue, both in his own right and as the The PRESIDING OFFICER. Without ber 15. I took issue with the President’s ranking member of the Budget Com- objection, it is so ordered. proposed tax cuts last December on the mittee. Mr. EXON addressed the Chair. day he announced them, and I did so All of these Senators are passionate The PRESIDING OFFICER. The Sen- advocates for deficit reduction. I am ator from Nebraska. because I felt tax cuts were just not fis- also pleased to see that many others Mr. EXON. Mr. President, I want to cally responsible right now. share our concern that broad tax cuts compliment my friend and colleague I concede that I would be tempted to will impede our efforts to reduce the from the State of Wisconsin. Let me make this argument even without deficit. just make a brief statement in support strong support from my constituents. Today’s Washington Post featured a of the amendment he is offering. The Sometimes that is part of this job. The story that included a number of state- numbers speak for themselves, I sug- voters elect you to make some tough ments from colleagues in which they gest. The Joint Committee on Taxation calls, not to constantly stick out your expressed their concerns about broad has estimated that the tax cuts in the finger to test the political winds before tax cuts at this time. The ranking so-called Contract With America will every vote. On this issue, the people of member of the Finance Committee, Mr. worsen the deficit by over $700 billion Wisconsin have been overwhelmingly MOYNIHAN, of New York, was quoted as over the next 10 years. Added to that supportive. They realize what they saying that deficit reduction was the the Congressional Budget Office has es- would get back in lower taxes—a mean- issue and that tax cuts were out of timated that we will need to cut spend- ingful amount to many people—was order. With his usual eloquence, the ing by $1.2 trillion to balance the budg- simply not worth the devastation it senior Senator from New York has et over the next 7 years. What this would cause our Federal budget. In just nicely summarized the matter in two means is that if we want to cut taxes the last few weeks, the phone calls and short statements. Mr. President, defi- as proposed in the Contract With letters to my office have been running cit reduction is the issue and tax cuts America, we will have to make some 7 to 1 in favor of reducing the deficit are out of order. pretty dramatic additional cuts in over cutting taxes. Here are just a few Mr. President, the underlying meas- spending. of the things they have been saying. ure before us proposes to enhance the My position is that I am all for tax A gentleman from Janesville wrote: ability of the President to pare down cuts but we have to cut the deficit As popular as a ‘‘middle class tax cut’’ may spending by exercising something like first, then consider what we can do, if be, this is not the time for such action. . . . a line-item veto authority. In great anything, about tax cuts. I urge you to keep your eye on the prize. part, this measure is before us because I thank my friend from Wisconsin. I Concentrate your efforts on balancing the budget and then, begin to pay down our na- of those continued budget deficits. Al- think it is a good amendment. tional debt. Please, do not make this process though we certainly will not balance The PRESIDING OFFICER. The Sen- more difficult by returning a pittance to this the budget simply by granting the ator from Wisconsin is recognized. over taxed citizen. President some form of a line-item Mr. FEINGOLD. Mr. President, I A woman from Prairie du Sac wrote: veto authority, many of us do feel that thank the Senator from Nebraska. He .. . any tax cut at this time would be pure such authority can in a small way help is the perfect person to be describing folly. . . . Reducing the deficit must be the alleviate some of the pressure on the the specifics of what this does about re- number one priority of this Congress now deficit. ducing our Federal deficit. Nobody and for many years to come. Our country’s Mr. President, the amount of pork knows the issue better. I can only say economy is dependent on this. . .. that the President can trim from our my only regret is that the Senator has And a gentleman from Minong, just a budget pales in comparison to the ef- chosen not to seek reelection. I think few miles from the Minnesota border, fect a broad middle-class tax cut will his being here in the next 6 years would wrote this to me: have on our deficit or that our resist- be one of the keys to eliminating this It’s not that I don’t believe the middle ance to such a tax cut could have on Federal deficit, but we will certainly class deserve a tax cut. I just don’t think we reducing the deficit. be delighted to have the benefit of his can afford to cut taxes when we can’t cover The President’s budget proposes $63 great skills in the area of deficit reduc- our budget right now. . . . When we are out billion in tax cuts. If the only change tion over the next several months. of debt, then the time has come to grant tax we made to that budget was to elimi- Does the Senator have a question? cuts. Not before. nate those tax cuts, we would save not Mr. MCCAIN. I thought the Senator My office has received hundreds of only that $63 billion but another $9 bil- was finished. I am sorry. calls and letters that are similar to lion in interest costs for a total savings Mr. FEINGOLD. I will continue just these. of $72 billion in additional deficit re- a brief time longer. And, though I do not presume to duction. In fiscal year 2000 alone, we Mr. President, let me take a couple speak for the constituents of other could lower the deficit by $24 billion of other points on this matter of the Members, I think this view is widely more than is projected, achieving near- sense-of-the-Senate resolution. shared outside Wisconsin as well. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4257 A USA Today/CNN poll published on is to enact a typical Christmas-tree tax bill, cities, and the results are clear: ‘‘The flat December 20 found that 70 percent of festooned with baubles for businesses, inves- tax is a big home run for everybody.’’ those polled said if Congress is able to tors, retirees and middle-class families. She added, however, that Americans are so cut spending, then reducing the deficit President Clinton introduced his own, small- intent on balancing the budget that ‘‘some er tax cut plan in February. people in the focus groups actually com- is a higher priority than tax cuts. Tax relief is normally a crowd pleaser, but plained that they themselves would pay zero A Washington Post-ABC News poll not today. On fiscal matters, Americans under a flat tax. They want to contribute from January 6 showed that people fa- seem to have just one thought in mind: Bal- something to balancing the budget.’’ vored deficit reduction over tax cuts by ance the budget. Only 13 percent of respond- Gingrich would be nuts to ignore that kind a 3-to-2 margin. ents to an NBC-Wall Street Journal poll said of sentiment. He should postpone the tax-re- And in a column in today’s Washing- taxes were the ‘‘most important economic lief vote indefinitely, concentrate on spend- ton Post, James Glassman notes that issue facing the country’’ while nearly three ing cuts and lay the groundwork for Repub- an NBC-Wall Street Journal poll found times as many said it was the deficit. licans to run on a flat-tax platform next year—unless Clinton is cleaver enough to only 13 percent of respondents said ‘‘They aren’t thinking taxes now,’’ says Kellyanne Fitzpatrick of the Luntz Research beat them to it. taxes were the ‘‘most important eco- Cos. of Arlington, the firm that helped House nomic issue facing the country’’ while GOP leaders draw up the Contract With [From the Washington Post, Mar. 21, 1995] nearly three times as many said it was America. ‘‘People are vehement about hav- SENATE GOP PREPARES TO INVALIDATE TAX the deficit. ing spending cuts first.’’ PROVISIONS OF HOUSE ‘CONTRACT’ Mr. President, while polling often Politicians are at last starting to notice (By Eric Pianin and Dan Morgan) can be one-dimensional measures of how the public is ordering its priorities. On Capitol Hill last week, I found no members Senate Republicans have begun moving on opinion, there was nothing one-dimen- several tracks to rearrange key tax and sional about the response to the field who were truly enthusiastic about tax cuts. Economists aren’t clamoring for them ei- spending provisions of the House GOP’s hearings of the House Budget Commit- ‘‘Contract With America.’’ ther. With gross domestic product rising Senate Finance Committee Republicans tee on this matter. nicely, the cuts aren’t needed as a short- emerged from a weekend retreat with their The crowds that attended those hear- term economic stimulus; on the contrary, Democratic colleagues resolved to block pas- ings showed clear, vocal majorities they’ll probably boost inflation. sage of the House GOP’s $188 billion tax cut supporting deficit reduction over tax So the logical conclusion is to forget taxes package and to put off action on tax reliefs cuts. entirely for this year. Unfortunately, the proposals until Congress completes work on Contract has a mind of its own. Mr. President, it is frustrating to the major deficit reduction this summer. Last week, the tax-relief bill passed the hear constituents, who could certainly Finance Committee Chairman Bob Pack- Ways and Means Committee on a party-line use the money, urge Congress to make wood (R–Ore.) said yesterday that Congress vote. It includes a reduction in the capital- deficit reduction a higher priority than would reduce the deficit by ‘‘an immense gains rate, a tax credit of $500 per child for magnitudes beyond what people believe is tax cuts, and then watch the rush to families earning up to $200,000, a revival of see who can propose the bigger tax cut. possible,’’ but that major tax reductions IRAs, a modest credit to make up for the along the lines advocated by House Repub- In his column, Mr. Glassman calls ‘‘marriage penalty’’ on two-earner couples upon Republicans to immediately licans were not in the cards. and a few other goodies. Over the next five ‘‘To the extent that we can both reduce the shelve their plans to cut taxes this years, the changes in the bill will make the deficit to zero over seven years and have tax year and instead devote all their en- deficit a total of about $190 billion larger cuts, so much the better,’’ Packwood said in ergy to cutting spending. than current projections. a speech to the national Association of Man- I will add that I think both Demo- The bill is scheduled for a vote in the ufacturers. ‘‘But I don’t thing we should put crats and Republicans should shelve House next week, and already dozens of Re- the priority of tax cuts first and then reduc- publicans are asking House Speaker Newt plans to cut taxes. ing spending later.’’ Gingrich to scale it back. They know that, House Republican leaders plan to complete Let us focus on the task of identify- based on projections by the Congressional ing spending that can be cut, and then work on their tax package—including both a Budget Office, we can allow federal spending $500-per-child tax credit for families making use the savings we achieve from those to rise another $350 billion between now and up to $200,000 a year and a sharp reduction in cuts to reduce the deficit. 2002 and still balance the budget—but only if the capital gains tax—before Congress leaves Mr. President, I ask unanimous con- we refrain from reducing tax revenue. for the Easter recess. Nearly 100 Republicans sent that copies of the column by If the tax bill passes, it goes next to the plan to deliver a letter to the House GOP James Glassman, and the story head- Senate Finance Committee, whose chairman, leadership today, urging that the credit be lined ‘‘Senate GOP Prepares to Invali- Sen. Bob Packwood (R–Ore.), has indicated targeted to families making a maximum of that his panel would give it a frosty recep- $95,000 a year. date Tax Provisions of House ‘Con- tion. Packwood is a big thinker who almost tract,’’’ both from today’s Washington However, an aide to House Speaker Newt certainly would prefer reforming the whole Gingrich (R–Ga.) said such a change is un- Post, be included in the RECORD at this tax system—but only after spending is cut, a likely. point. step he believes will lead to lower interest Sen. Daniel Patrick Moynihan (N.Y.), the There being no objection, the articles rates as the government’s borrowing require- ranking Democrat on the Finance Commit- were ordered to be printed in the ments fall. tee, who attended the weekend retreat, said RECORD, as follows: Either a consumption tax or a flat tax Democrats and Republicans generally agreed [From the Washington Post, Mar. 21, 1995] would remedy two of the greatest problems that ‘‘deficit reduction was the issue’’ and of the current system—that it’s too com- that ‘‘tax cuts were out of order.’’ SHELVE THE TAX CUTS plicated and that it imposes marginal rates Sen. John Breaux (D–La.), another com- (By James K. Glassman) so high they discourage investing. The flat mittee member at the retreat, said, ‘‘We do Republicans should immediately shelve tax also has an amazing appeal that many not have a lot of people marching on Wash- their plans to cut taxes this year and instead politicians have overlooked: Americans at ington asking for tax cuts.’’ devote all their energy to cutting spending. all income levels believe it’s more fair than But committee member Sen. Charles E. Don’t get me wrong. I think taxes are too what we have now; they suspect that fat cats Grassley (R–Iowa) predicted that some high. They now consume a bigger share of use loopholes to avoid their fair share. ‘‘modest’’ tax relief would emerge from Con- the average family’s expenses than housing, Under the flat tax proposed by House Ma- gress later this year to satisfy the demands food, clothing and medical costs combined. jority Leader Dick Armey (R–Tex.) earlier of Sen. Phil Gramm (Tex.), a Republican High taxes are a drag on economic growth this year, a married couple making less than presidential candidate, and other conserv- and a license for government to increase $26,200 would pay no federal income tax. Be- atives sympathetic to the House tax propos- wasteful spending. And our current tax sys- yond that, the rate would be 17 percent on all als. tem bears much of the blame for the shame- income, with no deductions allowed. ‘‘They [the tax cuts] don’t have to be as fully low U.S. savings rate. A flat tax could easily be linked by law to great as the House wants and they must be For these reasons, tax reform is a neces- a balanced-budget requirement: At the start oriented toward the family,’’ Grassley said. sity, and a flat tax or a consumption tax is of each year, Congress would have to set a The Senate also may put its imprint on a almost certainly the best answer. But such single rate (whether it’s 17, 18 or 22 percent) recision bill passed last week by the House changes can’t possibly be approved in 1995— that would bring in enough revenues to cover that would pare $17.1 billion from spending or even 1996. Americans need a full-scale de- federal expenses. That would be as powerful that had been approved in the current budg- bate, preferably during a presidential cam- a deterrent to overtaxing and overspending et. Cumulatively, the bill would reduce con- paign. as any constitutional amendment. gressional ability to make spending commit- Instead of building support for major re- Fitzpatrick says that Luntz has conducted ments by $40 billion to $50 billion over five form later, the Republican strategy this year polling nationwide and focus groups in three years. S 4258 CONGRESSIONAL RECORD — SENATE March 21, 1995 The House legislation exempted defense The PRESIDING OFFICER. The Sen- say that is that they do not believe and military construction accounts, but Sen. ator from Nebraska. they will have enough income to pro- Mark O. Hatfield (R–Ore.), who chairs the Mr. EXON. Mr. President, I ask for vide for their children’s futures. Senate Appropriations Committee, said yes- terday that he has directed that those ac- the regular order with regard to the The essence of the American dream, counts be screened for possible cuts as well. Simon amendment No. 393. as most of us know it, is that people Some Democrats and Republicans say defi- Mr. MCCAIN. Mr. President, I object. came to this country, worked hard, put cit reduction should take precedence over Mr. President, I had not finished with in sweat and blood and tears in order everything, including tax cuts and increases the debate on the amendment. to ensure the future generations—their in Pentagon spending, or the spending cuts Mr. EXON. Mr. President, I withdraw children—would have a better oppor- could be branded as imprudent and unfair. the request. tunity than they. The liberal-leaning Center on Budget and The PRESIDING OFFICER. The Sen- I say to my friend from Wisconsin, Policy Priorities concluded that 63 percent of the House cuts are in programs for low-in- ator from Arizona. that is not the case anymore. One of come families and individuals. Hatfield sug- Mr. MCCAIN. Mr. President, I just the reasons for that is because they see gested yesterday in an interview that mili- want to briefly respond to the amend- so many of their hard-earned dollars tary spending could not be ‘‘disconnected’’ ment of the Senator from Wisconsin. I going to Washington and to State and from the deficit problem any more than the know there will be objection on this local taxes, so they do not believe they tax cut issue could be. side, as he knows. The so-called Con- will be able to afford to pay for their ‘‘They’re asking people to make sacrifices tract With America was clear on the medical bills, their children’s edu- at the same time they’re saying military point that middle-income Americans— cation, and the other necessities that spending must escalate,’’ he said. On Sunday, House Budget Committee middle-class Americans—deserve a tax are required for people, not only for the Chairman John R. Kasich (R–Ohio) said cut. I understand the Senator from rest of their lives but to ensure the fu- House Republican leaders had agreed to Wisconsin’s zeal to balance the budget. ture of their children. freeze defense spending at the current $270 I appreciate it. I believe I share it. But I do not disagree with the Sen- billion for at least the next five years, rather I would like to point out that in 1950, ator from Wisconsin about the than increasing it. a median-income family of four in daunting task we face when we say we Hatfield, who was attacked by senators America—that is a man, woman, and are both going to reduce the deficit and within his own party for casting the lone Re- two children—sent $1 out of $50 of their the debt and at the same time relieve publican vote against the balanced budget amendment, indicated that the size of the income to Washington, DC, in 1950. In the tax burden on middle-income Senate’s spending recision package would be 1990 that same family of four, median- Americans. in the same ‘‘ballpark’’ as the House-passed income American family, sends $1 out Mr. President, I apologize for inter- version, but with different spending cuts. of every $4 to Washington, DC, in the rupting the Senator from Nebraska. I In addition to possibly tapping defense and form of taxes. Then, when you put on just wanted to respond to the Senator military contruction, Hatfield said the Ap- State and local taxes, they rapidly from Wisconsin on this amendment. I propriations transportation subcommittee jump up into the 40 percent bracket. If yield the floor. that he chairs probably would make deeper we do not add another entitlement pro- The PRESIDING OFFICER. The Sen- cuts than the House did. ‘‘We’ll never balance the budget on the gram between now and the turn of the ator from Wisconsin. baseline of discretionary spending,’’ Hatfield century, if we do not add one penny to Mr. FEINGOLD. Mr. President, I will said, referring to the one-third of the total Federal spending, that number will be be very brief. I had an opportunity to budget that does not cover interest on the $1 out of every $3. speak, but this may be the only debate debt or Social Security, Medicare and other I say to my friend from Wisconsin, on this amendment the way this is such ‘‘entitlement’’ programs. we cannot afford to lay this burden on structured. Speaking to reporters after his speech to middle-income Americans or we will Let me make two quick points. First the manufacturers association, Packwood see the disappearance of middle-class of all, I am pleased to note this is a said that he agreed with Republican budget committee leaders in the House and Senate America. They are staggering under a nonpartisan issue. Everyone watching that the budget could be balanced by 2002 crushing tax burden. I believe it makes should be aware things are not break- merely by slowing the growth of spending by it much more difficult to both reduce ing down on a partisan basis. There is $1 trillion or more, but that ‘‘nothing is sa- the deficit and enact tax cuts, but I, a disagreement on the Republican side cred,’’ including Social Security and other frankly—maybe the Senator from Lou- and there is a disagreement on the entitlement programs. isiana has not heard of people march- Democrat side whether we can go with ‘‘I have said all along Social Security ing on Washington, saying ‘‘cut taxes.’’ tax cuts. I think it is heartening for should be on the table,’’ he said, but ‘‘we Around April 15 there will be people people to realize the Senate can func- haven’t crossed that yet.’’ Packwood said that while cuts in Social Security benefits marching on my office and calling my tion in this way and we can resolve the have been ruled out by Republican leaders, office when they file their income issue on other than a Democrat or Re- his committee would consider trying to taxes again this year and find out that, publican basis, and I hope that is the eliminate a bias in a formula that overstates again, their taxes have gone up and it way this tax cut debate will continue. cost-of-living adjustments in Social Security will now require, I believe the date is The other point I would just make in payments. May 15, to which they will work in response to the Senator from Arizona Mr. FEINGOLD. Mr. President, I un- order to pay their State and local and is that I am also willing to examine the derstand the majority leader intends to Federal taxes before they start earning impact that this issue of tax cuts and stack votes on amendments offered to- a penny for themselves and their fami- deficit reduction has on the bottom night for some time to be determined lies. line for American families. I had a and I ask unanimous consent, on the I understand very well what this $4.8 meeting yesterday in Wisconsin with a amendment I just proposed, it be in trillion debt, now projected by 1996 to business advisory group, and the busi- order to ask for the yeas and nays. be a $5.2 trillion debt, can do to Amer- ness men and women there were abso- The PRESIDING OFFICER. Without ica. But I also know what a crushing lutely convinced that doing the tax objection, it is so ordered. tax burden means to the average Amer- cut, rather than using the money for Is there a sufficient second? ican family which is bearing an enor- deficit reduction, would mean that the There is a sufficient second. mous burden and that burden has con- actual budgetary picture of those indi- The yeas and nays were ordered. tributed significantly to the most star- vidual families would be worse with the Mr. FEINGOLD. Mr. President, I will tling and, in my view, alarming polling tax cut, for two reasons. One, they be- defer the request for the yeas and nays number, polling statistic, that we got lieved if we do not reduce the deficit as on the first amendment in response to out of the 1994 elections. That is that dramatically as we can right now, in the suggestion of the manager, the the majority of Americans who voted other words not using the tax cuts, Senator from Arizona. I thank both the in the 1994 election do not believe that that the interest we have to pay on the managers for their kindness and co- their children will be better off than Federal debt will inevitably cause operation in my opportunity to offer they are. They believe that for a vari- them to have less money of their own these amendments. ety of reasons, I say to my friend from because so much of our national econ- I yield the floor. Wisconsin. But one of the reasons they omy will be going toward paying the March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4259 horrible burden that the interest on Notwithstanding any other provisions of (1) This section shall not apply if the ve- the debt already causes. law, any order of the United States District toed appropriations measure or authoriza- The other point was very specific. Court for the District of Columbia which is tion measure becomes law, over the objec- Their belief was that the increase in in- issued pursuant to an action brought under tions of the President, before the President paragraph (1) of subsection (a) shall be orders the reduction required by subsections terest rate that will occur because of reviewable by appeal directly to the Su- (a)(1) or (a)(2). the failure to deal with the deficit, and preme Court of the United States. Any such (2) If the vetoed appropriations measure or possibly because of the tax cuts, could appeal shall be taken by a notice of appeal authorization measure becomes law, over the generate an inflationary effect and filed within 10 days after such order is en- objections of the President after the Presi- would mean a greater increase in their tered; and the jurisdictional statement shall dent has ordered the reductions required by costs monthly in the form of interest be filed within 30 days after such order is en- subsections (a)(1) or (a)(2), then the Presi- on car payments and home payments. tered. No stay of an order issued pursuant to dent shall restore the discretionary spending an action brought under paragraph (1) of sub- limits under section 601 of the Congressional So I think the Senator’s analysis is a section (a) shall be issued by a single Justice fair approach, not just the macro- Budget Act of 1974 or the balances under sec- of the Supreme Court. tion 252(b) of the Balanced Budget and Emer- economic one of what happens to the (c) EXPEDITED CONSIDERATION.— gency Deficit Control Act of 1985 to reflect whole society and our deficit, but the It shall be the duty of the District Court the positions existing before the reduction macroeconomic issue of what happens for the District of Columbia and the Su- ordered by the President in compliance with to those individual families. I hope, as preme Court of the United States to advance subsection (a). we go on this debate, that we will look on the docket and to expedite to the greatest possible extent the disposition of any matter Mr. EXON. Mr. President, let me just at it from both points of view. Both are brought under subsection (a). briefly address this because I had central to this issue. (d) SEVERABILITY.— talked briefly about it earlier. This I thank the Chair. I yield the floor. If any provision of this Act, or the applica- amendment would add to the bill what Mr. EXON. Mr. President, what is the tion of such provision to any person or cir- is called a lock box to insure that any pending question? cumstance is held unconstitutional, the re- and all savings achieved as a result of The PRESIDING OFFICER. The mainder of this Act and the application of the provisions of such Act to any person or the line-item veto under the bill would pending question is amendment 393 of- go to deficit reduction. This is simply a fered by the Senator from Illinois. circumstance shall not be affected thereby. The PRESIDING OFFICER. Is there truth-in-advertising amendment. All AMENDMENT NO. 393, AS MODIFIED, TO this amendment does is to ensure that, AMENDMENT NO. 347 further debate on the amendment? If not, the question is on agreeing to the if you promise deficit reduction in a (Purpose: To provide for expedited judicial veto, you actually have to deliver defi- review) amendment of the Senator from Illi- cit reduction at the end of the day. Mr. EXON. Mr. President, the Sen- nois, as modified. The amendment (No. 393), as modi- I have nothing further on the amend- ator from Illinois and the Senator from ment at the present time. I assume we Arizona have been working on the lan- fied, was agreed to. Mr. EXON. Mr. President, I ask unan- will have, if it is not accepted, prob- guage of the Senator’s amendment on ably a vote on it on tomorrow. judicial review that was debated brief- imous consent that the pending amend- ment be temporarily set aside. Mr. MCCAIN. Mr. President, I am in ly an hour or so ago. Senator SIMON has support of the concept of this amend- given me language that he believes ad- The PRESIDING OFFICER. Without objection, it is so ordered. ment. I think clearly any savings dresses the concerns of the Senator should go to reduce the deficit. There from Arizona regarding severability. AMENDMENT NO. 402 TO AMENDMENT NO. 347 (Purpose: To provide a process to ensure that are objections on this side of the aisle Senator SIMON asked me to seek to savings from rescission bills be used for at this time. modify his amendment to reflect the deficit reduction) So I withhold approval. But hopefully changes. Mr. EXON. Mr. President, I send an some of those objections can be satis- So, Mr. President, on behalf of the amendment to the desk and ask for its fied before being voted on tomorrow. Senator from Illinois, I send a modi- immediate consideration. I agree with the Senator from Ne- fication of his amendment numbered The PRESIDING OFFICER. The braska that any savings should go to 393 to the desk, and I ask that it be so clerk will report. deficit reduction rather than expendi- modified. The bill clerk read as follows: tures on other Government programs. The PRESIDING OFFICER. Is there Mr. EXON. Mr. President, I thank my objection? The amendment is so modi- The Senator from Nebraska [Mr. EXON] proposes an amendment numbered 402 to colleague from Arizona. fied. amendment No. 347. Mr. MCCAIN. Mr. President, it has The amendment (No. 393), as modi- Mr. EXON. Mr. President, I ask unan- been a long day for the Senator from fied, to amendment No. 347, is as fol- Nebraska. I will try to be relatively lows: imous consent that reading of the amendment be dispensed with. brief. I do not believe there are any At the appropriate place in the bill, insert more amendments proposed for to- the following: The PRESIDING OFFICER. Without objection, it is so ordered. night. SEC. . JUDICIAL REVIEW. The amendment is as follows: I would just like to make some addi- (a) EXPEDITED REVIEW.— tional comments and then proceed to (1) Any Member of Congress may bring an At the end of the matters proposed to be action, in the United States District Court inserted, insert the following: wrap up, since we will be beginning at for the District of Columbia, for declaratory SEC. . the hour of 9:30 in the morning, it is judgment and injunctive relief on the ground (a) Not later than 45 days of continuous my understanding. that a provision of this Act violates the Con- session after the President vetoes an appro- Mr. President, I wanted to discuss stitution. priations measure or an authorization meas- this issue that has been heavily argued (2) A copy of any complaint in an action ure, the President shall— today as far as the constitutionality of brought under paragraph (1) shall be prompt- (1) with respect to appropriations meas- separate enrollment. Earlier today, he ly delivered to the Secretary of the Senate ures, reduce the discretionary spending lim- included in the RECORD a statement and the Clerk of the House of Representa- its under section 601 of the Congressional tives, and each House of Congress shall have Budget Act of 1974 for the budget year and from Mr. Johnny Killiam, who is the the right to intervene in such action. each out year by the amount by which the senior specialist on American constitu- (3) Any action brought under paragraph (1) measure would have increased the deficit in tional law in the Congressional Re- shall be heard and determined by a three- each respective year; search Service. The subject of this judge court in accordance with section 2284 (2) with respect to a repeal of direct spend- memorandum is the separate enroll- of title 28, United States Code. ing, or a targeted tax benefit, reduce the bal- ment bill and the Constitution. I am Nothing in this section or in any other law ances for the budget year and each outyear not going to read the entire thing. I shall infringe upon the right of the House of under section 252(b) of the Balanced Budget would like to again repeat the conclud- Representatives or the Senate to intervene and Emergency Deficit Control Act of 1985 by in an action brought under paragraph (1) the amount by which the measure would ing paragraph of his 12-page disserta- without the necessity of adopting a resolu- have increased the deficit in each respective tion on the constitutionality of sepa- tion to authorize such intervention. year; rate enrollment. (b) APPEAL TO SUPREME COURT.— (b) EXCEPTIONS. He says: S 4260 CONGRESSIONAL RECORD — SENATE March 21, 1995 In conclusion, we have argued that the volve a political question is found a tex- The PRESIDING OFFICER. Without deeming procedure may present a political tually demonstrable constitutional commit- objection, it is so ordered. question unsuited for judicial review, and, ment to issues to a coordinate political de- thus, that Congress would not be subject to partment. A textually demonstrable con- f judicial review. We have considered, on the stitutional commitment of the issue to the other hand, that the courts may find that legislature as found in each House may de- REPORT ON THE EXPORT ADMIN- they are not precluded from exercising au- termine the rules of its proceedings. Con- ISTRATION ACT—MESSAGE FROM thority to review this proposal. If the pro- gress may define as a bill a package of dis- THE PRESIDENT—PM 35 posal is reviewed by the court, and even if it tinct programs and unrelated items to be The PRESIDING OFFICER laid be- is not, we have presented an argument lead- separate bills. Either Congress has a right to fore the Senate the following message ing to sustaining the deeming procedure as define a bill or it does not. Either this pro- not in violation of the principle that a bill in posal is constitutional or the recent practice from the President of the United order to become law must be passed in iden- of Congress informing omnibus bills contain- States: tical versions by the House of Representa- ing unrelated programs and nongermane To the Congress of the United States: tives and the Senate. Because of the lack of items is constitutionally challengeable. If In accordance with section 3(f) of the available precedent, we cannot argue that the latter, the President would be well ad- any of the three versions of the argument is vised to bring such suit against the next om- National Science Foundation Act of indisputably correct. Indeed, there are ques- nibus bill. 1950, as amended (42 U.S.C. 1862(f)), I tions about all three. In the end, Congress am pleased to transmit to you the An- I think, basically, Professor Best lays must exercise a constitutional judgment nual Report of the National Science it out there. The Congress has a right when deciding on passage of the proposal. Foundation for Fiscal Year 1993. to determine what a bill is. The Con- What Mr. Killiam has said—and it is The Foundation supports research gress may define as a bill a package of a very in-depth and in some ways eso- and education in every State of the distinct programs and unrelated items. teric discussion—various cases have ap- Union. Its programs provide an inter- And her argument, which I support, is peared before the Supreme Court, and national science and technology link to that therefore the Congress of the he argues at the end of his dissertation sustain cooperation and advance this United States can define a single en- that there are arguments that lead in Nation’s leadership role. rollment which was part of a package favor of the constitutionality of sepa- This report shows how the Founda- as a bill as well. rate enrollment, but it could be subject tion puts science and technology to But we will probably have much to judicial review. work for a sustainable future—for our more debate on that in the couple of And his last sentence, I think, is economic, environmental, and national days ahead. I want to express again my probably the most operative, where he security. admiration for Senator BYRD, the Sen- said: WILLIAM J. CLINTON. ator from West Virginia, for his erudite In the end, Congress must exercise a con- THE WHITE HOUSE, March 21, 1995. stitutional judgment when deciding on pas- and compelling and well-informed ar- f sage of the proposal. guments. I watched a great deal of the I also say to those who are concerned debate today between the Senator from REPORT OF THE NATIONAL about the constitutionality of this Indiana and the Senator from West SCIENCE FOUNDATION FOR FIS- issue, the Simon amendment—and a Virginia. I think it was edifying, and I CAL YEAR 1993—MESSAGE FROM similar amendment was adopted by the think many of my colleagues had the THE PRESIDENT—PM 36 House of Representatives—will call for opportunity to observe them. I think The PRESIDING OFFICER laid be- expedited judicial review. We will find most of the arguments concerning con- fore the Senate the following message out. I am not using that as an argu- stitutionality, enrollment, and other from the President of the United ment for somebody who feels there is a aspects of the line-item veto were well States, together with an accompanying clear constitutionality problem here described. I, again, express my admira- report; which was referred to the Com- and believes it is unconstitutional to tion for the talent and enormous mittee on Labor and Human Resources. therefore vote for this legislation just knowledge that the Senator from West because it is going to receive judicial Virginia possesses. To the Congress of the United States: review. But I am saying to those who Again, I want to emphasize again 1. On August 19, 1994, in Executive may have some doubts that this issue that a lot of time has been taken, and Order No. 12924, I declared a national will be resolved and resolved in a very more time will be taken on the floor on emergency under the International short period of time. this issue. This is a fundamental and Emergency Economic Powers Act I also want to take a few minutes to structural change in the way we do (IEEPA) (50 U.S.C. 1701 et seq.) to deal quote from Judith Best, who has been a business. I believe it deserves thorough with the threat to the national secu- well-known expert on this particular ventilation and debate. At the same rity, foreign policy, and economy of issue. It is a very short quote. This time, I believe we can probably bring it the United States caused by the lapse part of her dissertation, entitled ‘‘The to a close. I thank the Senator. of the Export Administration Act of Constitutional Objection.’’ f 1979, as amended (50 U.S.C. App. 2401 et The objection is that the proposal is un- seq.) and the system of controls main- constitutional— UNANIMOUS-CONSENT AGREEMENT tained under that Act. In that order, I Meaning separate enrollment is un- Mr. MCCAIN. Mr. President, I ask continued in effect, to the extent per- constitutional. unanimous consent that at 10:30 a.m. mitted by law, the provisions of the because it would change the Constitution, on Wednesday, Senator BRADLEY be Export Administration Act of 1979, as specifically the veto power, by act of Con- recognized to offer an amendment on amended, the Export Administration gress alone. The response is as follows: Arti- tax expenditures on which there be the Regulations (15 C.F.R. 768 et seq.), and cle I, section 5 of the Constitution permits following time limitation prior to a the delegations of authority set forth this procedure. Nothing in Article I, section motion to table, with no second-degree in Executive Order No. 12002 of July 7, 7 is violated by this procedure. Under this amendments to be in order prior to the 1977 (as amended by Executive Order proposal, all bills must be presented to the motion to table: 30 minutes under the President. He may sign or veto all bills. He No. 12755 of March 12, 1991), Executive must return vetoed bills with his objections. control of Senator BRADLEY, 15 min- Order No. 12214 of May 2, 1980, Execu- Congress may override any veto with a two- utes under the control of Senator tive Order No. 12735 of November 16, thirds majority of each House. Under Article MCCAIN. 1990 (subsequently revoked by Execu- I, section 5, Congress possesses the power to The PRESIDING OFFICER. Without tive Order No. 12938 of November 14, define a bill. Congress certainly believes that objection, it is so ordered. 1994), and Executive Order No. 12851 of it possesses this power, since it alone has f June 11, 1993. been doing so since the first bill was pre- 2. I issued Executive Order No. 12924 sented to the first President in the first Con- MORNING BUSINESS gress. If this construction of Article I, sec- pursuant to the authority vested in me tion 5 is correct, the definition of a bill is a Mr. MCCAIN. I ask unanimous con- as President by the Constitution and political question and not justiciable. Promi- sent that there be a period for morning laws of the United States, including, nent on the surface of any case held to in- business. but not limited to, IEEPA. At that March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4261 time, I also submitted a report to the NUCLEAR SUPPLIERS GROUP (NSG) REGULATORY REFORM Congress pursuant to section 204(b) of —NSG members are examining the —In February 1994, the Department IEEPA (50 U.S.C. 1703(b)). Section 204 of present dual-use nuclear control of Commerce issued a Federal Reg- IEEPA requires follow-up reports, with list to both remove controls no ister notice that invited public com- respect to actions or changes, to be longer warranted and to rewrite ment on ways to improve the Ex- submitted every 6 months. Addition- control language to better reflect port Administration Regulations. ally, section 401(c) of the National nuclear proliferation concerns. A The project’s objective is ‘‘to make Emergencies Act (NEA) (50 U.S.C. 1601 major item for revision involves the rules and procedures for the et seq.) requires that the President, machine tools, as the current lan- control of exports simpler and easi- within 90 days after the end of each 6- guage was accepted on an interim er to understand and apply.’’ This month period following a declaration basis until agreement on more spe- project is not intended to be a vehi- of a national emergency, report to the cific language could be reached. cle to implement substantive Congress on the total expenditures di- —The Department of Commerce has change in the policies or procedures rectly attributable to that declaration. implemented license denials for of export administration, but rath- This report, covering the 6-month pe- NSG-controlled items as part of the er to make those policies and pro- riod from August 19, 1994, to February ‘‘no-undercut’’ provision. Under cedures simpler and clearer to the 19, 1995, is submitted in compliance this provision, denial notifications exporting community. Reformulat- with these requirements. received from NSG member coun- ing and simplifying the Export Ad- 3. Since the issuance of Executive tries obligate other member na- ministration Regulations is an im- Order No. 12924, the Department of tions not to approve similar trans- portant priority, and significant Commerce has continued to administer actions until they have consulted progress has been made over the and enforce the system of export con- with the notifying party, thus re- last 6 months in working toward trols, including antiboycott provisions, ducing the possibilities for under- completion of this comprehensive contained in the Export Administra- cutting such denials. undertaking. tion Regulations. In administering MISSILE TECHNOLOGY CONTROL REGIME (MTCR) EXPORT ENFORCEMENT these controls, the Department has —Effective September 30, 1994, the —Over the last 6 months, the Depart- acted under a policy of conforming ac- Department of Commerce revised ment of Commerce continued its tions under Executive Order No. 12924 the control language for MTCR vigorous enforcement of the Export to those required under the Export Ad- items on the Commerce Control Administration Act and the Export ministration Act, insofar as appro- List, based on the results of the Administration Regulations priate. last MTCR plenary. The revisions through educational outreach, li- 4. Since my last report to the Con- reflect advances in technology and cense application screening, spot gress, there have been several signifi- clarifications agreed to multilater- checks, investigations, and enforce- cant developments in the area of ex- ally. ment actions. In the last 6 months, port controls: —On October 4, 1994, negotiations to these efforts resulted in civil pen- BILATERAL COOPERATION/TECHNICAL resolve the 1993 sanctions imposed alties, denials of export privileges, ASSISTANCE on China for MTCR violations in- criminal fines, and imprisonment. —As part of the Administration’s volving missile-related trade with Total fines amounted to over continuing effort to encourage Pakistan were successfully con- $12,289,000 in export control and other countries to implement effec- cluded. The United States lifted the antiboycott compliance cases, in- tive export controls to stem the Category II sanctions effective No- cluding criminal fines of nearly proliferation of weapons of mass vember 1, in exchange for a Chinese $9,500,000 while 11 parties were de- destruction, as well as certain sen- commitment not to export ground- nied export privileges. sitive technologies, the Depart- to-ground Category I missiles to —Teledyne Fined $12.9 Million and a ment of Commerce and other agen- any destination. Teledyne Division Denied Export cies conducted a range of discus- —At the October 1994 Stockholm ple- Privileges for Export Control Vio- sions with a number of foreign nary, the MTCR made public the lations: On January 26 and January countries, including governments fact of its ‘‘no-undercut’’ policy on 27, Teledyne Industries, Inc. of Los in the Baltics, Central and Eastern license denials. Under this multi- Angeles, agreed to a settlement of Europe, the Newly Independent lateral arrangement, denials notifi- criminal and administrative States (NIS) of the former Soviet cations received from MTCR mem- charges arising from illegal export Union, the Pacific Rim, and China. bers are honored by other members activity in the mid-1980’s by its Licensing requirements were liber- for similar export license applica- Teledyne Wah Chang division, lo- alized for exports to Argentina, tions. Such a coordinated approach cated in Albany, Oregon. The set- South Korea, and Taiwan, respond- enhances U.S. missile nonprolifera- tlement levied criminal fines and ing in part to their adoption of im- tion goals and precludes other civil penalties on the firm totaling proved export control procedures. member nations from approving $12.9 million and imposed a denial AUSTRALIA GROUP similar transactions without prior of export privileges on Teledyne —The Department of Commerce is- consultation. Wah Chang. sued regulations to remove con- MODIFICATIONS IN CONTROLS ON EMBARGOED The settlement is the result of a 4- trols on certain chemical weapon DESTINATIONS year investigation by the Office of Ex- stabilizers that are not controlled —Effective August 30, 1994, the De- port Enforcement and the U.S. Cus- by the Australia Group, a multilat- partment of Commerce restricted toms Service. United States Attorneys eral regime dedicated to stemming the types of commodities eligible offices in Miami and Washington, D.C., the proliferation of chemical and for shipment to Cuba under the coordinated the investigation. The in- biological weapons. This change be- provisions of General License vestigation determined that during the came effective October 19, 1994. In GIFT. Only food, medicine, cloth- mid-1980’s, Teledyne illegally exported that same regulatory action, the ing, and other human needs items nearly 270 tons of zirconium that was Department also published a regu- are eligible for this general license. used to manufacture cluster bombs for latory revision that reflects an —The embargo against Haiti was lift- Iraq. Australia Group decision to adopt a ed on October 16, 1994. That embar- As part of the settlement, the De- multi-tiered approach to control of go had been under the jurisdiction partment restricted the export privi- certain mixtures containing chemi- of the Department of the Treasury. leges of Teledyne’s Wah Chang divi- cal precursors. The new regulations Export license authority reverted sion; the division will have all export extend General License G–DEST to the Department of Commerce privileges denied for 3 months, with the treatment to certain categories of upon the termination of the embar- remaining portion of the 3-year denial such mixtures. go. period suspended. S 4262 CONGRESSIONAL RECORD — SENATE March 21, 1995 —Storm Kheem Pleads Guilty to S. 1. An act to curb the practice of impos- of war on or before April 25, 1962; to the Com- Nonproliferation and Sanctions ing unfunded Federal mandates on States mittee on Armed Services. Violations: On January 27, Storm and local governments; to strengthen the By Mr. SHELBY: Kheem pled guilty in Brooklyn, partnership between the Federal Govern- S. 585. A bill to protect the rights of small ment and State, local and tribal govern- entities subject to investigative or enforce- New York, to charges that he vio- ments; to end the imposition, in the absence ment action by agencies, and for other pur- lated export control regulations of full consideration by Congress, of Federal poses; to the Committee on Governmental barring U.S. persons from contrib- mandates on State, local, and tribal govern- Affairs. uting to Iraq’s missile program. ments without adequate funding, in a man- By Mr. LAUTENBERG: Kheem arranged for the shipment ner that may displace other essential gov- S. 586. A bill to eliminate the Department of foreign-source ammonium per- ernmental priorities; and to ensure that the of Agriculture and certain agricultural pro- chlorate, a highly explosive chemi- Federal Government pays the costs incurred grams, to transfer other agricultural pro- cal used in manufacturing rocket by those governments in complying with cer- grams to an agribusiness block grant pro- tain requirements under Federal statutes gram and other Federal agencies, and for fuel, from the People’s Republic of and regulations; and for other purposes. other purposes; to the Committee on Agri- China to Iraq via Amman, Jordan, culture, Nutrition, and Forestry. f without obtaining the required By Mr. HATCH (for himself, Mr. HEF- validated license from the Depart- REPORTS OF COMMITTEES LIN, Mr. DOLE, Mr. THURMOND, Mr. GRASSLEY, Mr. SIMPSON, Mr. KYL, Mr. ment of Commerce for arranging SUBMITTED DURING RECESS the shipment. Kheem’s case rep- EXON, Mr. CRAIG, Mr. FORD, Mr. resents the first conviction of a Pursuant to the order of the Senate LOTT, Mr. ASHCROFT, Mr. BAUCUS, Mr. person for violating section 778.9 of of March 20, 1995, the following report BOND, Mr. CAMPBELL, Mr. COATS, Mr. COCHRAN, Mr. COHEN, Mr. COVERDELL, the Export Administration Regula- was submitted on March 20, 1995, dur- ing the recess of the Senate: Mr. D’AMATO, Mr. FAIRCLOTH, Mrs. tions, which restricts proliferation- FEINSTEIN, Mr. GRAMM, Mr. GRAMS, related activities of ‘‘U.S. persons.’’ By Mr. PACKWOOD, from the Committee Mr. GREGG, Mr. HELMS, Mr. HOL- Kheem also pled guilty to charges on Finance, with an amendment in the na- LINGS, Mrs. HUTCHISON, Mr. INHOFE, of violating the Iraqi Sanctions ture of a substitute: Mrs. KASSEBAUM, Mr. KEMPTHORNE, Regulations. H.R. 831. A bill to amend the Internal Rev- Mr. LUGAR, Mr. MACK, Mr. MCCAIN, enue Code of 1986 to permanently extend the Mr. MURKOWSKI, Mr. PRESSLER, Mr. 5. The expenses incurred by the Fed- deduction for the health insurance costs of eral Government in the 6-month period ROCKEFELLER, Mr. ROTH, Mr. self-employed individuals, to repeal the pro- SANTORUM, Mr. SHELBY, Mr. SMITH, from August 19, 1994, to February 19, vision permitting nonrecognition of gain on Ms. SNOWE, Mr. STEVENS, Mr. THOM- 1995, that are directly attributable to sales and exchanges effectuating policies of AS, Mr. THOMPSON, Mr. WARNER, and the exercise of authorities conferred by the Federal Communications Commission, Mr. BREAUX): the declaration of a national emer- and for other purposes (Rept. No. 104–16). S.J. Res. 31. A joint resolution proposing gency with respect to export controls f an amendment to the Constitution of the where largely centered in the Depart- United States to grant Congress and the ment of Commerce, Bureau of Export INTRODUCTION OF BILLS AND States the power to prohibit the physical Administration. Expenditures by the JOINT RESOLUTIONS desecration of the flag of the United States; to the Committee on the Judiciary. Department of Commerce are antici- The following bills and joint resolu- f pated to be $19,681,000 most of which tions were introduced, read the first represents program operating costs, and second time by unanimous con- STATEMENTS ON INTRODUCED wage and salary costs for Federal per- sent, and referred as indicated: BILLS AND JOINT RESOLUTIONS sonal and overhead expenses. By Mrs. FEINSTEIN: WILLIAM J. CLINTON. By Mrs. FEINSTEIN: S. 580. A bill to amend the Immigration S. 580. A bill to amend the Immigra- THE WHITE HOUSE, March 21, 1995. and Nationality Act to control illegal immi- tion and Nationality Act to control il- f gration to the United States, reduce incen- tives for illegal immigration, reform asylum legal immigration to the United MESSAGES FROM THE HOUSE procedures, strengthen criminal penalties for States, reduce incentives for illegal im- the smuggling of aliens, and reform other migration, reform asylum procedures, ENROLLED BILL SIGNED procedures; to the Committee on the Judici- strengthen criminal penalties for the At 2:15 p.m., a message from the ary. smuggling of aliens, and reform other House of Representatives, delivered by By Mr. FAIRCLOTH: procedures; to the Committee on the Mr. Schaefer, one of its assistant legis- S. 581. A bill to amend the National Labor Judiciary. Relations Act and the Railway Labor Act to lative clerks, announced that the repeal those provisions of Federal law that THE ILLEGAL IMMIGRATION CONTROL AND Speaker has signed the following en- require employees to pay union dues or fees ENFORCEMENT ACT OF 1995 rolled bill: as a condition of employment, and for other Mrs. FEINSTEIN. Mr. President, I S. 1. An act to curb the practice of impos- purposes; to the Committee on Labor and rise today to introduce, and now send ing unfunded Federal mandates on States Human Resources. to the desk, the Illegal Immigration and local governments; to strengthen the By Mr. HATFIELD (for himself and Mr. Control and Enforcement Act of 1995. partnership between the Federal Govern- BROWN): This bill incorporates many of the con- ment and State, local and tribal govern- S. 582. A bill to amend title 28, United ments; to end the imposition, in the absence States Code, to provide that certain vol- cepts in the immigration package that of full consideration by Congress, of Federal untary disclosures of violations of Federal I introduced in the last session of Con- mandates on State, local, and tribal govern- laws made pursuant to an environmental gress. New proposals have been added, ments without adequate funding, in a man- audit shall not be subject to discovery or ad- however, after consultation with many, ner that may displace other essential gov- mitted into evidence during a Federal judi- including California’s law enforcement ernmental priorities; and to ensure that the cial or administrative proceeding, and for officials and others interested in curb- Federal Government pays the costs incurred other purposes; to the Committee on the Ju- ing illegal immigration. by those governments in complying with cer- diciary. Mr. President, I offer this legislation tain requirements under Federal statutes By Mr. STEVENS: and regulations; and for other purposes. S. 583. A bill to authorize the Secretary of not to compete with Senator SIMPSON’s S. 269, which he introduced on January The enrolled bill was subsequently Transportation to issue a certificate of docu- mentation and coastwise trade endorsement 24, but rather to complement it. Little signed by the President pro tempore for two vessels; to the Committee on Com- in this bill is duplicative of Senator (Mr. THURMOND). merce, Science, and Transportation. SIMPSON’s legislation. I am convinced f By Mr. ROBB (for himself, Mr. CRAIG, that, combined, these two bills could Mr. AKAKA, Mr. HARKIN, Mr. ROCKE- offer a strong, straightforward program ENROLLED BILL PRESENTED FELLER, Mr. LUGAR, Mr. DEWINE, Mr. to stop illegal immigration. STEVENS, Mr. COCHRAN, Mr. The Secretary of the Senate reported WELLSTONE, Mr. FORD, and Mr. There simply is no time to lose. The that on March 21, 1995, she had pre- KERRY): crisis of illegal immigration continues sented to the President of the United S. 584. A bill to authorize the award of the in California and throughout the Na- States, the following enrolled bill: Purple Heart to persons who were prisoners tion. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4263 Too many people are still able to ille- crime bill which will assure that no are assessed per transaction, no matter gally cross our borders, and too few fewer than 2,100 new agents, and up to how many illegal immigrants a smug- States, most notably California, carry 900 support personnel, will be on board gler takes across our borders. the burden of having to support, edu- by the end of Fiscal Year 1998 for a This bill increases the penalty for cate, and often incarcerate the hun- total of 7,082 Border Patrol agents. smugglers in the event that an alien is dreds of thousands who enter this It mandates the hiring of sufficient injured, killed, or subject to blackmail country illegally each year. INS border inspectors to fully staff all threats by the smuggler. There is no doubt in my mind that legal crossing lanes at peak periods. It makes it easier to deport so-called our border enforcement has improved The bill also provides for improved bor- weekend warriors—legal permanent in the last 2 years and I want to thank der infrastructure and Border Patrol residents, green card holders, who are this administration for an unprece- training. in the United States, smuggle illegal dented commitment to that end. I am REDUCING INCENTIVES immigrants for profit, and then try to equally convinced, however, that steps Second, this legislation substantially use their immigration status to avoid already taken have been insufficient to expands existing employer sanctions being deported from the United States. fully address the problem. and wage and hour law enforcement It dramatically increases penalties Despite its major flaws and probable programs to reduce the biggest incen- for document forgers or counterfeiters. unconstitutionality, proposition 187 in tives for undocumented persons to First offenders will be sentenced to 21⁄2 California was overwhelmingly ap- come to this country, namely jobs. to 5 years, 5 to 10 years with any prior proved by voters last November. The Central to this effort is the creation felony conviction, and 10 to 15 years message was clear: Stop illegal immi- of a counterfeit-proof work and bene- with two or more prior felonies. Cur- gration. If Congress does not heed this fits authorization verification system. rently, document forgers can receive as warning, I fear an even more serious Any employer—and any provider of fed- little as 0 to 6 months for a first of- backlash nationwide against all immi- erally funded benefits—ought to be 100 fense. grants, including those who want to percent certain that a candidate is here come to our country legally. legally. A counterfeit-proof verifica- CRIMINAL ALIENS IMPACT ON CALIFORNIA tion system is the only way this can be This legislation is intended to once One reason proposition 187 passed by achieved. again signal that the President must such a large margin is that Califor- In addition, this bill dramatically in- have the authority, by treaty, to de- nians know the impact of immigration creases the civil fines for anyone who port aliens convicted of crimes in this on our State. According to 1993 INS knowingly hires, recruits, or refers ille- country for secure incarceration in statistics, 45 percent of the Nation’s il- gal aliens for hiring. This is important such aliens’ home countries. legal immigrants are now in California. because today the civil penalties for il- Although we have prisoner transfer That means between 1.6 and 2.3 million legally hiring an illegal immigrant are treaty agreements with many nations illegal immigrants now reside in our very low. Fines range between just $250 now, they are subject to the consent of State; 15 percent of California’s State and $2,000—per alien hired—for a first the prisoner to be transferred. If the prison population—or almost 20,000 in- offense. prisoner does not consent, he is not mates—is comprised of incarcerated il- This bill would increase that range transferred. legal immigrants; 45 percent of all per- from $1,000 to $3,000 for the first of- This legislation eliminates that ob- sons with pending asylum cases reside fense. stacle. It also would speed up the de- in California; 35 percent of the refugees Second offenses would carry per alien portation process and make more to this country claimed residency in fines of between $3,000 and $7,000, and criminal aliens deportable by broaden- California in 1993; and almost 30 per- third or later offenses would cost $7,000 ing the definition of an aggravated fel- cent of the legal immigrants in this to $20,000 per alien—that is more than ony for which aliens may already be have country chosen to live in Califor- double the current $3,000 to $10,000 li- deported to include document fraud nia. ability. crimes not now independent grounds According to the Governor of our It dramatically increases the crimi- for deportation; it classifies as aggra- State, illegal immigration in fiscal nal penalties for a pattern or practice vated felonies certain offenses punish- year 1995–96 will cost California an esti- of hiring illegal immigrants. This bill able by 3 years, rather than for which mated $3.6 billion, including an $2.66 doubles the maximum criminal fine, an alien has actually been sentenced to billion for the federally mandated costs and triples the maximum jail sentence, 5 years or more. As a result, it would of education, health care, and incarcer- for anyone who facilitates a fraudulent definitely increase the number of ation. By anyone’s estimation, that is application for benefits by an unlawful criminals who would qualify for depor- a staggering sum, and a tremendous alien by counterfeiting the seal or burden on just one State. tation as having committed aggravated stamp of any Federal agency. If this felony. THE NEED FOR IMMIGRATION REFORM bill is enacted, the new maximums will In addition, courts would have the I believe our Federal response to the be $500,000, or 15 years in jail, or both. authority to require that, in order to problem of illegal immigration must It provides for additional INS and De- receive a sentence of probation rather address four key goals: First, control partment of Labor inspectors to en- than a prison term, an illegal alien illegal immigration at the border; sec- force existing laws and provides for the convicted of a crime would be required ond, reduce the economic incentives to hiring of additional assistant U.S. at- to consent to being deported as a con- come to the United States illegally; torneys to more aggressively prosecute dition of probation. This would give third, deal swiftly and severely with these crimes. prosecutors the option of ejecting from document forgers and alien smugglers; SMUGGLING AND DOCUMENT FRAUD the country relatively low-level offend- and fourth, remove criminal aliens Shutting down false document mills, ers after trial without going through from our Nation’s prisons and jails, counterfeiters, smugglers, and smug- while assuring that their sentences are an additional, and often lengthy, de- gling organizations is the third prior- portation hearing. served in their countries of origin. ity at the core of this legislation. BORDER CONTROL Smugglers and forgers will find this SPONSORS OF LEGAL IMMIGRANTS This legislation requires that at least to be a very tough bill indeed. This leg- Before concluding, let me note just 700, and up to 1,000, new Border Patrol islation broadens current Federal asset one other feature of the bill which per- agents be hired in each of the next 3 seizure authority to include those who tains to immigrants who have lawfully fiscal years. It differs from the crime smuggle or harbor illegal aliens, and come to the United States on the basis bill in one critical respect. The crime those who produce false work and bene- of a citizen’s—usually an immediate bill authorized the hiring of up to 1,000 fits documents. relative’s—sponsorship. The legislation new agents in each of Fiscal Years 1996, It imposes tough minimum and maxi- would require anyone who sponsors a 1997 and 1998. This bill further requires mum sentences on smugglers, and it legal immigrant for admission to the that a minimum of 700 agents per year imposes those penalties for each alien United States to make good on their be hired. It thus adds a floor to the smuggled. At the moment, penalties promise of financial support should the S 4264 CONGRESSIONAL RECORD — SENATE March 21, 1995 legal alien require assistance before be- As my colleagues know, it is difficult The audit privilege portion of my bill coming a citizen. to have a conversation these days with strikes an equitable balance between In addition, past proposals to a business leader or a local government protecting a company’s right to self- strengthen sponsorship agreements official without the topic turning to police and ensuring that businesses typically exempted sponsors from li- the increasingly onerous burden of comply with environmental regula- ability for medical costs. Federal regulations—particularly envi- tions. There are clear limits on the This legislation would make sponsors ronmental regulations. It is now clear privilege, however. The privilege would responsible for the costs of medical the many of our laws and regulations cease to exist if used for fraudulent ac- care, requiring them to obtain health designed to ensure a safer environment tivities or if waived by a company. insurance for the immigrant they have are now having the unfortunate effect Furthermore, the privilege is moot if sponsored. The insurance would be of a of discouraging sound environmental the company does not promptly act to type and amount to be specified by the practices. achieve compliance when a violation is Secretary of Health and Human Serv- The legislation I will introduce today discovered in an audit. This factor en- ices, and would be required to be pur- makes the point that the Federal Gov- sures a strong incentive for companies chased within 20 days of an immi- ernment should encourage responsible to immediately correct any potential grant’s arrival in this country. A safe- actions by businesses with incentives or real problem in their activities. ty valve is built into the bill, however, and flexibility, rather than through Even if the company proceeds imme- for sponsors who die, or who become threats and penalties. Given the lim- diately to correct a violation, the impoverished or bankrupt. ited resources available for environ- privilege is not absolute. The privilege mental enforcement and monitoring, it BORDER CROSSING FEE only extends to information in the is vital that companies self-police and This bill also provides a funding audit report, not to the violation itself. be willing partners in the implementa- mechanism for this package with a bor- It would not bar enforcement action tion of the Nation’s environmental pro- der crossing fee of $1 per person, which for environmental violations; no envi- grams. There is no other way to pro- could yield up to $400 million per year. ronmental law is decriminalized nor tect our people, our communities, and The border control, the infrastructure, are enforcement agencies barred from our environment. the training, the additional narcotics In an effort to advance this idea, I pursuing action. This protection does abatement efforts provided in this bill am introducing the Environmental not prevent an agency or an injured all could be underwritten by such a fee. Audit Privilege Act. I am pleased to be party from pursuing legal action CONCLUSION joined in this effort by my friend from against a violator on the basis of inde- In conclusion, Mr. President, immi- Colorado, Senator HANK BROWN. pendent evidence of the violation. gration is too much at the core of what This legislation will create new in- Oregon’s law has expanded employee America means to each of us individ- centives for companies to police their involvement, which has made audits ually, and to our society collectively, own environmental actions by estab- more complete and accurate, and it has to politicize and polarize the coming lishing a limited legal privilege for helped employees connect their daily debate. If we are to map common businesses that voluntarily audit their jobs with environmental compliance. It ground together, it is the spirit of com- compliance with environmental laws has also created new incentives for promise that must prevail. We owe and promptly proceed to correct any companies to independently pursue America—America the Nation and violations discovered. compliance while encouraging busi- America the idea—no less. In 1993, Oregon became the first nesses to adopt more systematic ap- I look forward to continuing to work State to codify a privilege for environ- proaches to examining and correcting closely with the chairman of my sub- mental audits. Under the Oregon law, their environmental activities. committee, Senator SIMPSON, with an internal environmental audit, un- Last, but by no means least, lawyers Senators KENNEDY and SIMON, and with dertaken voluntarily, cannot be used are no longer needed in Oregon to all of my Republican colleagues on the against the company in a trial or ad- shield audit documents under the at- subcommittee to present the full Judi- ministrative action, unless efforts to torney-client privilege. Companies can ciary Committee and the Senate with comply were not promptly initiated now feel secure in keeping records, and the best possible comprehensive illegal and pursued with reasonable diligence they have had much greater success in immigration legislation as quickly as or the privilege was invoked for fraudu- dealing with chronic problems. Remov- possible. lent purposes. The Oregon law garnered ing lawyers from audits substantially support not only from the business reduces the cost of auditing and im- By Mr. HATFIELD (for himself community, but also from the Oregon proves the frankness of information and Mr. BROWN): Department of Environmental Quality flowing within companies. S. 582. A bill to amend title 28, Unit- and the State attorney general. These The legislation I am introducing ed States Code, to provide that certain supporters have told me of the positive today also includes a very important voluntary disclosures of violations of effects this law has had in Oregon. section which I will refer to as vol- Federal laws made pursuant to an envi- Six other States have created a simi- untary disclosure. This section pro- ronmental audit shall not be subject to lar privilege, including Colorado, Indi- vides protection for companies that discovery or admitted into evidence ana, Kentucky, Arkansas, Illinois, and wish to step forward and voluntarily during a Federal judicial or adminis- Wyoming. Nearly two dozen other disclose inadvertent violations of envi- trative proceeding, and for other pur- States are considering bills to create ronmental laws that come to light poses; to the Committee on the Judici- an environmental audit privilege. Sup- through the conduct of a voluntary en- ary. porters of these State provisions argue vironmental audit. Again, these provi- ENVIRONMENTAL AUDIT PRIVILEGE LEGISLATION that their efforts are undermined by sions are based on a law first passed in ∑ Mr. HATFIELD. Mr. President, with the absence of a Federal counterpart. the State of Colorado. It has been a the recent changes in Congress, we are To avoid the State privilege, a litigant pleasure to have worked with Senator presented with an important oppor- must simply file suit in Federal court, BROWN and his fine staff over the past tunity to take a fresh look at many as- where it is possible the State privilege several months to reach agreement on pects of our Federal legal and regu- will not be recognized. this important section of the bill. latory system. A return to federalism The legislation I put forward today is Under this section, if an audit reveals is underway including a movement to an extension of legislation I introduced a previously unknown environmental allow greater flexibility in administer- in the 103d Congress which was based violation, the company will be immune ing Federal programs. I support a full solely on the Oregon law. A new sec- from administrative, civil, or criminal review of the Federal regulatory strait- tion has been added to this bill as a re- penalties if it: First, promptly and vol- jacket we have helped create and be- sult of the very constructive efforts of untarily discloses the violation to the lieve that greater flexibility should be Senator BROWN. This new section is regulatory agency; second, takes extended to both the public and private based on a worthy idea pioneered by prompt steps to correct the problem; sectors of this Nation. the State of Colorado. and, third, fully cooperates with the March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4265 regulatory agency. As with the privi- businesses and of our environmental section including, if there is evidence of non- lege, this protection does not prevent programs. compliance with an applicable environ- an agency or an injured party from Mr. President, I ask unanimous con- mental law, the burden of proving a prima pursuing legal action against a violator sent that the text of the bill and addi- facie case that appropriate efforts to achieve compliance were promptly initiated and pur- on the basis of independent evidence of tional material be printed in the sued with reasonable diligence. the violation. RECORD. ‘‘(2) WAIVER AND FRAUD.—A party seeking While Oregon did not include such There being no objection, the mate- discovery under subparagraph (A) or (C) of provisions in its law, I believe provid- rial was ordered to be printed in the subsection (b)(3) shall have the burden of ing protections for voluntary disclo- RECORD, as follows: proving the existence of a waiver, or that sures is a meritorious idea, and one Be it enacted by the Senate and House of Rep- subsection (a)(1) has been invoked for a certainly worthy of the full consider- resentatives of the United States of America in fraudulent purpose. Congress assembled, ‘‘(d) EFFECT ON OTHER RULES.—Nothing in ation of the Senate. As one of my col- this Act shall limit, waive, or abrogate the leagues recently noted, sunlight is an SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Voluntary scope or nature of any statutory or common excellent disinfectant. Thus, while the Environmental Audit Protection Act’’. law rule regarding discovery or admissibility of evidence, including the attorney-client privilege portions of this bill allow an SEC. 2. VOLUNTARY SELF-EVALUATION PROTEC- environmental audit to remain secret, TION. privilege and the work product doctrine. the voluntary disclosure provisions (a) IN GENERAL.—Part VI of title 28, United ‘‘§ 3802. Testimony would give the public access to this im- States Code, is amended by adding at the end ‘‘Notwithstanding any other provision of portant information and would require the following new chapter: law, a person or government entity, includ- any violations be addressed promptly. ‘‘CHAPTER 179—VOLUNTARY SELF- ing any officer or employee of the person or Last week, President Clinton an- EVALUATION PROTECTION government entity, that performs an envi- nounced his plans to encourage envi- ‘‘Sec. ronmental audit may not be required to give testimony in a Federal court or an adminis- ronmental audits as part of a package ‘‘3801. Admissibility of environmental audit reports. trative proceeding of a Federal agency with- of regulatory reform measures. I want ‘‘3802. Testimony. out the consent of the person or government to commend the President and those at ‘‘3803. Disclosure to a Federal agency. entity concerning the environmental audit, EPA who have recognized the benefits ‘‘3804. Definitions. including the environmental audit report of encouraging companies to engage in ‘‘§ 3801. Admissibility of environmental audit with respect to which section 3801(a) applies. this type of self-analysis. I believe both reports ‘‘§ 3803. Disclosure to a Federal agency business profitability and the environ- ‘‘(a) GENERAL RULE.— ‘‘(a) IN GENERAL.—The disclosure of infor- ment will benefit from these efforts, ‘‘(1) IN GENERAL.—Except as provided in mation relating to a covered Federal law to and I look forward to working with the paragraphs (2) and (3), an environmental the appropriate official of a Federal agency administration on the legislative side audit report prepared in good faith by a per- or State agency responsible for administer- of this effort. son or government entity related to, and es- ing a covered Federal law shall be considered sentially constituting a part of, an environ- to be a voluntary disclosure subject to the I am aware the administration has mental audit shall not be subject to discov- protections provided under section 3801, sec- serious misgivings about codifying and ery and shall not be admitted into evidence tion 3802, and this section if— audit privilege and has raised questions in any civil or criminal action or adminis- ‘‘(1) the disclosure of the information about the voluntary disclosure protec- trative proceeding before a Federal court or arises out of an environmental audit; tion in this bill. I admit this is an issue agency or under Federal law. ‘‘(2) the disclosure is made promptly after that excludes great common sense ap- ‘‘(2) EXCLUSIONS.—Paragraph (1) shall not the person or government entity that initi- peal upon first glance, but which cer- apply to— ates the audit receives knowledge of the in- tainly grows more complex with each ‘‘(A) any document, communication, data, formation referred to in paragraph (1); report, or other information required to be ‘‘(3) the person or government entity that level of further analysis. While I am collected, developed, maintained, or reported initiates the audit initiates an action to ad- not a lawyer, my further analysis leads to a regulatory agency pursuant to a covered dress the issues identified in the disclosure— me to the conclusion that this idea is Federal law; ‘‘(A) within a reasonable period of time sound and that the Nation would bene- ‘‘(B) information obtained by observation, after receiving knowledge of the informa- fit from the debate this legislative pro- sampling, or monitoring by any regulatory tion; and posal will inevitably generate. agency; or ‘‘(B) within a period of time that is ade- Self-enforcement by responsible com- ‘‘(C) information obtained from a source quate to achieve compliance with the re- panies is vital to the success of our en- independent of the environmental audit. quirements of the covered Federal law that ‘‘(3) INAPPLICABILITY.—Paragraph (1) shall is the subject of the action (including sub- vironmental objectives. It is a fact that not apply to an environmental audit report, mitting an application for an applicable per- most companies want to police them- if— mit); and selves. Not only is it morally correct, ‘‘(A) the owner or operator of the facility ‘‘(4) the person or government entity that it is also consistent with a total qual- that initiated the environmental audit ex- makes the disclosure provides any further ity management approach to business pressly waives the right of the person or gov- relevant information requested, as a result management, for companies to take a ernment entity to exclude from the evidence of the disclosure, by the appropriate official proactive approach to environmental or proceeding material subject to this sec- of the Federal agency responsible for admin- safety. It makes business sense and is tion; istering the covered Federal law. ‘‘(B) after an in camera hearing, the appro- ‘‘(b) INVOLUNTARY DISCLOSURES.—For the less costly for a company to find and priate Federal court determines that— purposes of this chapter, a disclosure of in- rectify a violation than it is to face ‘‘(i) the environmental audit report pro- formation to an appropriate official of a Fed- regulatory, civil, or criminal action. vides evidence of noncompliance with a cov- eral agency shall not be considered to be a Incentives for self-enforcement will ered Federal law; and voluntary disclosure described in subsection help free up the very limited resources ‘‘(ii) appropriate efforts to achieve compli- (a) if the person or government entity mak- of Federal and State environmental ance were not promptly initiated and pur- ing the disclosure has been found by a Fed- and enforcement agencies, allowing sued with reasonable diligence; or eral or State court to have committed re- them to pursue the most severe, egre- ‘‘(C) the person or government entity is as- peated violations of Federal or State laws, or serting the applicability of the exclusion orders on consent, related to environmental gious, and dangerous violations of our under this subsection for a fraudulent pur- quality, due to separate and distinct events environmental laws. pose. giving rise to the violations, during the 3- Federal policy must promote the ‘‘(b) DETERMINATION OF APPLICABILITY.— year period prior to the date of the disclo- delicate balance between protecting The appropriate Federal court shall conduct sure. our environment and allowing business an in camera review of the report or portion ‘‘(c) PRESUMPTION OF APPLICABILITY.—If a to flourish. The Environmental Audit of the report to determine the applicability person or government entity makes a disclo- Privilege Act will provide companies of subsection (a) to an environmental audit sure, other than a disclosure referred to in with greater flexibility and with incen- report or portion of a report. subsection (b), of a violation of a covered ‘‘(c) BURDENS OF PROOF.— Federal law to an appropriate official of a tives for compliance with environ- ‘‘(1) IN GENERAL.—Except as provided in Federal agency responsible for administering mental protection regulations. Such paragraph (2), a party invoking the protec- the covered Federal law— protections will signal an important tion of subsection (a)(1) shall have the bur- ‘‘(1) there shall be a presumption that the step toward ensuring the success of our den of proving the applicability of such sub- disclosure is a voluntary disclosure described S 4266 CONGRESSIONAL RECORD — SENATE March 21, 1995 in subsection (a), if the person or govern- internal assessment, evaluation, investiga- Determination of Applicability: A federal ment entity provides information supporting tion or review of a facility that is— court determines the applicability of the a claim that the information is such a vol- ‘‘(A) initiated by a person or government protection in an in camera review of an audit untary disclosure at the time the person or entity; report or portion of an audit report. government entity makes the disclosure; and ‘‘(B) carried out by the employees of the Burden of Proof: The person or government ‘‘(2) unless the presumption is rebutted, person or government entity, or a consultant entity invoking the protection has the bur- the person or government entity shall be im- employed by the person or government en- den of demonstrating its applicability and if mune from any administrative, civil, or tity, for the express purpose of carrying out there are instances of non-compliance, that criminal penalty for the violation. the assessment, evaluation, investigation, or appropriate efforts to achieve compliance ‘‘(d) REBUTTAL OF PRESUMPTION.— review; and have been initiated. The party seeking dis- ‘‘(1) IN GENERAL.—The head of a Federal ‘‘(C) carried out to determine whether the covery of the audit report has the burden of agency described in subsection (c) shall have person or government entity is in compli- proving that the protections were waived or the burden of rebutting a presumption estab- ance with a covered Federal law. that the privilege was invoked for a fraudu- lished under such subsection. If the head of ‘‘(3) ENVIRONMENTAL AUDIT REPORT.—The lent purpose. the Federal agency fails to rebut the pre- term ‘environmental audit report’ means Other Statutes/Requirements: The Act sumption— any reports, findings, opinions, field notes, does not affect any existing statutory or ‘‘(A) the head of the Federal agency may records of observations, suggestions, conclu- common law rules of evidence, discovery or not assess an administrative penalty against sions, drafts, memoranda, drawings, com- privilege (such as attorney-client privilege a person or government entity described in puter generated or electronically recorded and work-product doctrine). subsection (c) with respect to the violation information, maps, charts, graphs, surveys, of the person or government entity and may or other communications associated with an B. § 3802. TESTIMONY not issue a cease and desist order for the vio- environmental audit. Any person that performs an environ- lation; and ‘‘(4) FEDERAL AGENCY.—The term ‘Federal mental audit is not required to give testi- ‘‘(B) a Federal court may not assess a civil agency’ has the meaning provided the term mony relating to the audit in an administra- or criminal fine against the person or gov- ‘agency’ under section 551 of title 5. tive or judicial proceeding. This applies to ernment entity for the violation. ‘‘(5) GOVERNMENT ENTITY.—The term ‘gov- officers and employees of the person or gov- ‘‘(2) FINAL AGENCY ACTION.—A decision ernment entity’ means a unit of State or ernment entity as well as the person or gov- made by the head of the Federal agency local government.’’. ernment entity itself. under this subsection shall constitute a final (b) TECHNICAL AMENDMENT.—The analysis agency action. for part VI of title 28, United States Code, is C. § 3803. DISCLOSURE TO A FEDERAL AGENCY amended by adding at the end the following: ‘‘(e) STATUTORY CONSTRUCTION.—Except as The Act defines a disclosure as ‘‘vol- expressly provided in this section, nothing in ‘‘179. Voluntary Self-Evaluation Pro- untary’’ if: it arises out of an ‘‘environ- this section is intended to affect the author- tection ...... 3801’’. mental audit’’ (as defined); it is made ity of a Federal agency responsible for ad- SEC. 3. APPLICABILITY. promptly after learning of the information; ministering a covered Federal law to carry This Act and the amendment made by this actions are undertaken to achieve compli- out any requirement of the law associated Act shall apply to each Federal civil or ance; and the person or entity making the with information disclosed in a voluntary criminal action or administrative proceeding disclosure provides additional relevant infor- disclosure described in subsection (a). that is commenced after the date of enact- mation as requested by the appropriate agen- ‘‘§ 3804. Definitions ment of this Act. cy. ‘‘As used in this chapter: Involuntary Disclosures: Otherwise vol- SUMMARY OF HATFIELD/BROWN VOLUNTARY ‘‘(1) COVERED FEDERAL LAW.—The term untary disclosures will not be voluntary if ENVIRONMENTAL AUDIT PROTECTION ACT ‘covered Federal law’— the person or government entity has com- ‘‘(A) means— The ‘‘Voluntary Environmental Audit Pro- mitted repeated violations of federal or state ‘‘(i) the Federal Insecticide, Fungicide, and tection Act’’ amends Title 28 of the U.S. environmental laws or orders during the Rodenticide Act (7 U.S.C. 136 et seq.); Code by adding Chapter 179 entitled ‘‘Vol- three years prior to the disclosure. ‘‘(ii) the Toxic Substances Control Act (15 untary Self-Evaluation Protection.’’ The Presumption of Voluntariness: Disclosures U.S.C. 2601 et seq.); purpose is to protect environmental audits are presumed to be voluntary, and unless re- ‘‘(iii) the Federal Water Pollution Control and provide qualified penalty immunity for butted, the person or government entity is Act (33 U.S.C. 1251 et seq.); voluntary disclosures made as a result of immune from administrative, civil or crimi- ‘‘(iv) the Oil Pollution Act of 1990 (33 conducting environmental audits. The Act nal penalties for the violation(s) disclosed. U.S.C. 2701 et seq.); consists of the following four sections: Rebuttal of Presumption: The federal agen- ‘‘(v) title XIV of the Public Health Service A. § 3801. ADMISSIBILITY OF ENVIRONMENTAL cy has the burden of rebutting the presump- Act (commonly known as the ‘Safe Drinking AUDIT REPORTS tion of voluntariness of the disclosure. Water Act’) (42 U.S.C. 300f et seq.); Generally, environmental audit reports ‘‘(vi) the Noise Control Act of 1972 (42 prepared in good faith are not subject to dis- D. § 3804. DEFINITIONS U.S.C. 4901 et seq.); covery and are not admissible in any federal ‘‘Covered Federal Law’’ includes FIFRA, ‘‘(vii) the Solid Waste Disposal Act (42 administrative or judicial proceeding. TSCA, the Clean Water Act, the Oil Pollu- U.S.C. 6901 et seq.); Exclusions: The protection against admis- tion Act of 1990, the Safe Drinking Water ‘‘(viii) the Clean Air Act (42 U.S.C. 7401 et sibility does not apply to documents or in- Act, the Noise Control Act, RCRA, the Clean seq.); formation: Required to be collected, main- Air Act, CERCLA, EPCRA and the Pollution ‘‘(ix) the Comprehensive Environmental tained or reported under environmental Prevention Act of 1990, and any regulations Response, Compensation, and Liability Act laws; available due to the agency’s own ob- or permits issued thereunder. of 1980 (42 U.S.C. 9601 et seq.); servation, sampling or monitoring; or avail- ‘‘Environmental Audit’’ is a voluntary and ‘‘(x) the Emergency Planning and Commu- able from an independent source. internal review, assessment, evaluation or nity Right-To-Know Act of 1986 (42 U.S.C. Waiver: Waiver can only occur by an ex- investigation that is initiated by the person 11001 et seq.); and press waiver by the owner or operator of the or government entity, carried out by the per- ‘‘(xi) the Pollution Prevention Act of 1990 facility that initiated audit. son or government entity or its employees to (42 U.S.C. 13101 et seq.); Inapplicability: The protection is not ap- determine compliance with any covered Fed- ‘‘(B) includes any regulation issued under a plicable if: An environmental audit report eral law. law listed in subparagraph (A); and shows non-compliance with an environ- ‘‘Environmental Audit Report’’ generally ‘‘(C) includes the terms and conditions of mental law and the entity does not promptly includes any reports, findings, opinions, ob- any permit issued under a law listed in sub- initiate actions to achieve compliance and servations, and conclusions relating to an paragraph (A). pursue those actions with reasonable dili- environmental audit. ‘‘(2) ENVIRONMENTAL AUDIT.—The term ‘en- gence, or the protection is claimed for a ‘‘Government Entity’’ means any unit of vironmental audit’ means a voluntary and fraudulent purpose. state or local government. OVERVIEW OF STATE ENVIRONMENTAL AUDIT PRIVILEGE LAWS [ 1995 Coalition for Improved Environmental Audits—Current as of Mar. 6, 1995]

Issues AR 1 CO 2 IL 3 IN 4 KY 5 OR 6 WY 7

Environmental Audit Report: Requires documents comprising environmental audit report to be pre- Yes No Yes Yes Yes Yes Yes pared as a result of an environmental audit and labeled ‘‘Environmental Audit Report: Privileged Document.’’. Voluntary Disclosure: Immunity or reduction in penalties for voluntary disclosure ...... No Yes No No No No Yes Immunity from criminal charges for voluntary disclosure ...... No Yes No No No No No Waiver of Privilege: Expressly ...... Yes Yes Yes Yes Yes Yes Yes By implication ...... Yes Not stated Not stated Yes Yes Yes Yes March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4267 OVERVIEW OF STATE ENVIRONMENTAL AUDIT PRIVILEGE LAWS—Continued [ 1995 Coalition for Improved Environmental Audits—Current as of Mar. 6, 1995]

Issues AR 1 CO 2 IL 3 IN 4 KY 5 OR 6 WY 7

By failing to file a petition for in camera review or hearing (# of days to file petition after fil- Yes Not stated Yes Yes Yes Yes Yes ing or request for the environmental audit report). (30 days) (30 days) (30 days) (20 days) (30 days) (20 days) By introduction of any part of the environmental audit report by party asserting the privilege ... No Not stated Not stated Not stated Yes Not stated No Privilege is lost if: Asserted for fraudulent purposes ...... Yes Yes Yes Yes Yes Yes Yes Material is not subject to the privilege ...... Yes Not stated Yes Yes Yes Yes Yes Material shows evidence of non-compliance and efforts to achieve compliance were not Yes Yes Yes Yes Yes Yes Yes promptly initiated and pursued with reasonable diligence. In a criminal proceeding, the legal official has a (need, substantial need, compelling need, or Not stated Yes Not stated Yes Yes Yes Yes compelling circumstances) requiring the otherwise unavailable information. Burden of Proof: Party asserting the privilege has burden of proving privilege and reasonable diligence toward Yes Yes 8 No 9 Yes Yes Yes Yes compliance. Party seeking disclosure has burden of proving fraudulent purpose ...... Yes Yes Yes Yes Yes Yes Yes Legal official or party seeking disclosure has burden of proving conditions for disclosure ...... Yes Yes Yes Yes Yes Yes Yes Provision for disclosure of only the portions of the environmental audit report relevant to the issues Yes Not stated Yes Yes Yes Yes Yes in the dispute. 1 Enacted February 17, 1995. Effective 90 days after the legislative session ends. Act No. 350 of the 1995 Session. 2 Effective June 1, 1994. Colorado Revised Statutes Section 13–25–126.5. 3 Effective January 24, 1995. Illinois Public Act 88–0690. 4 Effective July 1, 1994. Indiana Code 13–10. 5 Effective July 15, 1994. Title XVIII, Kentucky Statute § 224.01–040. 6 Effective 1994. Or. Rev. Stat. § 468.963. 7 Enacted February 18, 1995. Effective July 1, 1995. 8 Party asserting privilege has burden of proving a prima facie case. 9 Party asserting privilege has burden of proving privilege, but adverse party has burden of showing lack of reasonable diligence toward compliance.

SUMMARY OF 1995 STATE AND FEDERAL LEGISLATIVE INITIATIVES FOR THE ENVIRONMENTAL AUDIT PRIVILEGE [1995 Coalition for Improved Environmental Audits—Revised Mar. 10, 1995]

‘‘Environmental Audit Report’’ Immunity for Immunity in- State and legislative status Reference No. label required voluntary disclo- cludes criminal on privileged sure? charges? document?

Arizona: Approved by Senate. Sent to House ...... S.B. 1290 ...... NO YES YES Arkansas: Signed into law on 2/17/95 ...... Act No. 350 of 1995 Session ...... YES NO NO Georgia: Introduced in Senate ...... S.B. 244 ...... NO NO NO Hawaii: Introduced in House ...... H.B. 390 ...... YES NO NO Introduced in Senate ...... S.B. 1304 ...... NO YES YES Idaho: Approved by Senate. Sent to House ...... S. 1142 ...... YES YES YES Kansas: Approved by Senate. Sent to House ...... S.B. 76 ...... YES YES YES Massachusetts: Introduced in House ...... H. 3426 ...... NO NO NO Mississippi: Bill passed both Houses. Returned to Senate for concurrence 3/7/95 ...... S.B. 3079 ...... NO YES 1 YES Missouri: Bills introduced in House and Senate ...... H.B. 338 ...... NO YES YES S.B. 350 ...... NO YES YES S.B. 363 ...... YES YES 1 NO Montana: Introduced in House ...... H.B. 412 ...... YES YES YES Nebraska: Introduced to Legislature ...... L.B. 731 ...... NO YES YES New Hampshire: Introduced in House ...... H.B. 275 ...... NO YES YES New Jersey: Bills introduced in Assembly and Senate ...... A.B. 2521 ...... NO YES YES S.B. 1797 ...... NO YES YES North Carolina: To be introduced in larger regulatory reform proposal ...... NO NO NO Ohio: A bill similar to S.B. 361 of 1994 to be introduced ...... NO YES YES Oklahoma: Introduced in House ...... H.B. 1388 ...... YES YES YES South Carolina: Introduced in Senate ...... S.B. 15 ...... NO YES YES Tennessee: Introduced in Senate ...... S.B. 1135 ...... YES YES YES Texas: Introduced in House ...... H.B. 2473 ...... YES YES YES Senate bill to be introduced ...... S.B. lll ...... YES YES YES Utah: Bill passed both Houses 3/1/95. Sent to Governor ...... S.B. 84 ...... NO NO NO Virginia: Bill passed both Houses 2/16/95. Sent to Governor ...... H.B. 1845 ...... NO YES NO West Virginia: Bills introduced in Senate and House ...... H.B. 2494 ...... NO NO NO S.B. 362 ...... NO NO NO Wyoming: Signed into law on 2/18/95 ...... Act No. 26 of 1995 Session ...... YES YES 1 NO Federal: Introduced in the House on 2/24/95 with 6 co-sponsors ...... H.R. 1047 ...... NO YES YES 1 Voluntary disclosures warrant either de minimis or reduced penalties. Note: Other States with proposals not yet introduced: Alabama, California, Florida, Michigan, and Minnesota.

ASSOCIATED OREGON INDUSTRIES, nous environmental laws. Perfect compli- Thank you for your efforts. I look forward Salem, OR, March 17, 1995. ance at all times, however, is a virtually un- to working with you. Re legislation for a Federal environmental attainable objective for large facilities. Com- Sincerely, audit privilege. pliance is made all the more difficult when JAMES M. WHITTY, Hon. MARK O. HATFIELD, reports, generated during a company’s vol- Legislative Counsel. U.S. Senator, Hart Senate Office Building, untary environmental audit, are not con- Washington, DC. fidential. Prior to Oregon’s law, environ- PORT OF PORTLAND, DEAR SENATOR HATFIELD: I understand you mental agencies could obtain such audit re- Portland, OR, March 20, 1995. are favorably inclined to introducing legisla- ports and use them against a company in an Hon. MARK O. HATFIELD, tion this Congress for a federal environ- enforcement action. By making environ- U.S. Senate, Hart Senate Office Building, mental audit privilege. Your bill would be mental audit reports privileged. Oregon’s law Washington, DC. modeled along the lines of the law Associ- protects companies from ‘‘hanging them- DEAR SENATOR HATFIELD: On behalf of the ated Oregon Industries pushed through the Port of Portland, I want to express the selves’’ as long as actions are taken to cor- Oregon legislature in 1993. On behalf of Asso- Port’s strong support for the environmental rect any violations found. ciated Oregon Industries’ 2,400 primary mem- auditing privilege and voluntary disclosure Though Oregon’s regulated companies are bers and 14,000 associate members, I applaud bill that you are sponsoring. you efforts to actively pursue a federal law reacting positively to the new state protec- The Port conducts periodic environmental protecting environmental audit reports. tions, Oregon’s new law does not complete audits at all of its facilities. The enactment Oregon’s environmental audit privilege the protection circle. The Environmental of a federal environmental auditing privilege was signed into law by Gov. Barbara Roberts Protection Agency is not bound by Oregon’s and voluntary disclosure provision will en- on July 22, 1994. Oregon’s law is the first of environmental audit privilege and occasion- courage many more businesses, especially its kind in the nation. Since enactment, ally inspects Oregon companies. This is why medium- and small-sized businesses, to start other states have adopted similar laws. a federal environmental audit privilege is environmental auditing. By limiting the fear As a whole, Oregon industry works hard to needed. that their voluntarily prepared environ- comply with today’s complex and volumi- mental audit reports will be used against S 4268 CONGRESSIONAL RECORD — SENATE March 21, 1995

them in enforcement proceedings, your bill ONTARIO PRODUCE, for the Congress to enact an environmental will spur this auditing activity. March 17, 1995. audit protection bill. The State of Oregon In addition to the environmental audit re- Senator MARK O. HATFIELD, has passed legislation to afford legal protec- port evidentiary privilege, I understand your U.S. Senate, tion to the environmental audits we perform legislation includes a voluntary disclosure Washington, DC. in our manufacturing facilities to help us in component to protect persons who discover DEAR SENATOR HATFIELD: I would like to compliance with a host of environmental inadvertent environmental violations from give my support for your bill providing for a permits (air, water, solid waste, hazardous criminal or civil penalties, if they report the federal environmental audit privilege similar materials). to the Oregon law. It would allow businesses violations to the proper authorities and rem- The corporation is moving aggressively to edy them promptly. We believe this vol- to realistically correct problems without increase the audit program at every location untary disclosure provision is as important creating more problems for themselves. to accomplish not only basic compliance, but as the environmental auditing privilege. We Very truly yours, more importantly to elevate the importance are pleased to see that your bill includes ROBERT KOMOTO. both of these elements. of environmental performance in the daily Your environmental audit privilege and AT&T, operation of our mills and plants. We are voluntary disclosure legislation should re- Washington, DC, March 15, 1995. ranking environmental performance on an sult in more companies conducting environ- Hon. MARK HATFIELD, equal status of employee safety. mental audits and in a substantial overall U.S. Senate, The potential misuse of this information in increase in compliance with environmental Washington, DC. third party litigation is a major problem. We requirements. Thank you for your efforts. DEAR SENATOR HATFIELD: We at AT&T have experienced such misuse in Mississippi Please let me know if there are steps we can were pleased to learn that you plan to intro- in connection with our water discharge per- take to support passage of this measure. duce a bill establishing a privilege for envi- mit at paper mill. If public policy demands Sincerely, ronmental audits and a limited ‘‘safer har- proper compliance and monitoring, it should DAVID LOHMAN, bor’’ for those who voluntarily correct and encourage—not discourage—more auditing Director, Policy and Planning. disclose environmental infractions. by companies. We have been disappointed by AT&T has a strong record of environ- EPA’s own policy on environmental audits mental compliance, has performed environ- LITTON CORP., that discourages auditing. mental self-audits for many years, and is Arlington, VA, March 14, 1995. A number of States have enacted or are continuously improving its environmental Hon. MARK O. HATFIELD, compliance management systems. AT&T has considering legislation this year. However, U.S. Senate, Hart Senate Office Building, played a strong role in protecting our envi- this public policy should be uniform nation- Washington, DC. ronment through voluntary reductions in wide. Thus, G–P’s strong support for audit DEAR SENATOR HATFIELD: I am writing on materials usage and recycling. protection legislation. G–P management in behalf of Litton Industries, Inc. to express Environmentally responsible companies Oregon has advised us of your interest in Litton’s strong support for the environ- such as AT&T, which perform voluntary self- leading such legislation. Because of your mental auditing privilege and voluntary dis- assessments, are presently placed in the un- knowledge of our company in the State and closure bill that you are co-sponsoring with comfortable position of creating documents your responsible record on environmental is- Sen. Brown, and that we understand you in- in the course of their voluntary compliance sues, we strongly urge you to take a leader- tend to introduce imminently. efforts which government agencies and spe- ship role on environmental audits. Litton is a leader in worldwide technology cial interest groups will try to use against markets for advanced electronic and defense I can assure you that should you introduce them in penalty actions and citizen’s suits. legislation to afford appropriate protection systems, and a major designer and builder of Similarly, enforcement agencies often as- large, multimission combat ships for the to environmental audits, G–P will not only sess large penalties as a consequence of a re- be appreciative of this effort, but we will U.S. Navy and allied nations. Litton employs sponsible company’s voluntarily disclosure work very hard in support of your effort with approximately 30,000 people at numerous fa- of an environmental infraction discovered other Senators. cilities across the country, including ap- through voluntary audits and self-assess- proximately 200 people in our Grants Pass, ment processes and voluntarily corrected. Sincerely, Oregon facility. Absent these voluntary audit and self-assess- JOHN M. TURNER, Litton conducts periodic environmental ment procedures, such violations would like- Vice President. audits at all of its U.S. facilities. The enact- ly continue uncorrected, undisclosed, and ment of a federal environmental auditing unpenalized. Thus, current enforcement pol- THE GEON CO., privilege and voluntary disclosure provision icy works as a disincentive to voluntary Cleveland, OH, March 15, 1995. will encourage many more businesses, espe- compliance, and thus works against the envi- Hon. MARK HATFIELD, cially medium- and small-sized businesses, ronment. U.S. Senate, Hart Senate Office Building, to start environmental auditing programs, AT&T salutes your efforts to legislatively Washington, DC. without fear that their voluntarily prepared remedy this problem. AT&T would fully sup- DEAR SENATOR HATFIELD: The Geon Co. environmental audit reports will be used port a bill that would, under appropriate strongly supports the Voluntary Environ- against them in enforcement proceedings. conditions, protect environmental audits mental Audit Protection Act, which we un- In addition to the environmental audit re- from disclosure and create a safe harbor for derstand will be introduced tomorrow. This port evidentiary privilege, we understand companies that have voluntarily discovered, Act will benefit not only responsible mem- that your legislation includes a voluntary corrected, and disclosed environmental vio- bers of the regulated community, but the disclosure component which protects persons lations to the government. who discover inadvertent environmental vio- We look forward to working with you, your public as well, by encouraging companies to lations, report the violations to the proper staff, and other interested parties toward the implement strong and effective environ- authorities, and remedy them promptly from enactment of such legislation. Such legisla- mental auditing and oversight programs. criminal or civil penalties. Litton views the tion would add a measure of fairness to the It has been our experience that most po- voluntary disclosure provision to be as im- enforcement process and would remove dis- tential compliance problems are discovered portant as the environmental auditing privi- incentives to engage in voluntary audits, and corrected through voluntary self-audits. lege, and we are gratified that your bill will compliance management, and disclosure ac- The fear of discouraging past compliance include both of these elements. tivities. problems, especially when they may give rise Litton believes that your environmental By eliminating some of the inequities and to huge potential civil penalties, is a very audit privilege and voluntary disclosure leg- disincentives in the current enforcement real disincentive to proactive compliance islation will result in more companies con- scheme, we believe Congress will cause a programs that rely on internal and external ducting environmental audits, and in a sub- higher level of voluntary compliance by self-audits. stantial overall increase in compliance with American business with concomitant benefit Although the U.S. EPA has claimed that environmental requirements. Litton com- to our environment. voluntary self-disclosure issues can be ad- mends and will support your environmental Very truly yours, dressed as a part of its enforcement policies audit privilege and voluntary disclosure bill. NORM SMITH. and that legislation is unnecessary, we have, We believe that it represents a superior ap- unfortunately, first-hand current experience proach to environmental compliance because GEORGIA-PACIFIC CORP., that the EPA has been woefully remiss in it emphasizes improved environmental qual- Washington, DC, March 15, 1995. adopting or even pursuing any enforcement ity rather than increased environmental en- Hon. MARK HATFIELD, forcement. Thank you for your efforts. U.S. Senate, Hart Senate Office Building, policies that affect the purpose to which Sincerely, Washington, DC. your bill is addressed, and those policies the MARK V. STANGA, DEAR SENATOR HATFIELD: Georgia-Pacific EPA has recently proposed would fall far Environmental Affairs Counsel. Corporation is very supportive of the need short of their state objectives. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4269 We believe that current EPA enforcement 2. The concept will encourage implementa- ator Brown to introduce this legislation into policies often single out for punishment en- tion of Environmental Audits. the Senate. CIEA was formed to support leg- vironmentally responsible proactive compa- 3. The concept will facilitate the flow of in- islative initiatives for the protection of envi- nies, which are thereby placed at a competi- formation from the regulated community to ronmental audits and voluntary disclosures; tive disadvantage with their less proactive the agency with regard to understanding and therefore, we wholly support your efforts to competitors. implementing environmental regulation. For establish a qualified self-examination privi- Sincerely, small and medium size enterprises that do lege that helps encourage companies to con- WILLIAM F. PATIENT, not have large EH&S staffs it is essential duct comprehensive audits by reducing the Chairman of the Board, that an open dialogue with state and federal risk that the audits will be used against President and Chief Executive Officer. agencies be promoted to assist in under- them in enforcement proceedings. CIEA standing and implementing regulations. In membership includes corporations and trade POLAROID CORP. addition, this exchange of information will associations committed to establishing use- Cambridge, MA, March 15, 1995. provide valuable feedback on ways in which ful and effective environmental auditing pro- Re support for environmental audit privilege to make the regulation more understandable grams. CIEA member companies own and op- and voluntary disclosure legislation; The and efficient. Under our current regime of erate facilities throughout the United States Voluntary Environmental Audit Protec- command and control there is little or no in- and welcome your proposed legislation to en- tion Act. formation flow from the regulated commu- courage and protect comprehensive environ- nity to the agencies because the con- mental audits at their facilities. Hon. MARK HATFIELD, sequences are unpredictable. US Senate, Hart Senate Office Building, Wash- CIEA supports your efforts to introduce 4. The International Standards Organiza- legislation that establishes a federal envi- ington, DC. tion (ISO) will be issuing a series of stand- HON. SENATOR HATFIELD: Polaroid Corpora- ronmental audit privilege and immunity for ards in early 1996 that could revolutionize voluntary disclosures. The privilege will en- tion wishes to express its support for legisla- the approach for managing and improving tion that you and Senator Brown intend to courage corporations to establish useful and environment performance. Linkage between effective environmental auditing programs. introduce which will allow for a Federal En- our national regulatory scheme and this vironmental Audit Privilege and for Vol- The conditional immunity described in Sec- international effort will depend on the agen- tion 3803 of the proposed legislation will en- untary Disclosure Protection. Polaroid is a cies ability to communicate with its regu- courage corporations to conduct candid as- worldwide manufacturer of various Imaging lated customers. The concept of disclosure sessments and timely remediation of any Products, and the majority of its manufac- will elevate the level of communication. noncompliance with environmental laws. turing facilities are located in the Common- In conclusion EAR believes that the legis- Recognition of a qualified environmental wealth of Massachusetts. lation will promote environmental dialogue audit privilege and immunity provision will Polaroid believes that the fundamental at all levels and improve the quality of the enhance compliance with environmental reg- policy justifications underlying the proposed audit process. We believe the current regu- ulations without harming the ability of en- ‘‘Voluntary Environmental Audit Protection latory mechanism of police and fine should forcement officials to prosecute significant Act’’ are consistent with this nation’s laud- be replaced with a cooperative program of wrongdoers. able goals of encouraging higher levels of re- disclose and correct. Legislation that pro- sponsible environmental protection rather motes information exchange between state U.S. industry can rely on a commitment than simply continuing the promotion of and federal agencies and their regulated cus- made through legislation. Therefore, your ‘‘command and control’’ style environmental tomers creates fertile fields for innovative federal legislation for the environmental regulations. The substantial and measurable solutions and continual improvement. audit privilege and voluntary disclosure pro- levels of environmental improvement that Regards, tection allows U.S. industry to conduct envi- ronmental audits without the fear that the have been achieved in the United States over RONALD F. BLACK. the past twenty-five years are, in large part, audit will end up being used against them. the result of the combined actions of the US PHILIPS ELECTRONICS CORP., Now that federal legislation for the environ- Congress, the administrative agencies of the Washington, DC, March 15, 1995. mental audit privilege is moving forward Executive, and American Industry. But new, Hon. MARK HATFIELD, (and seven States have enacted similar stat- more positive and cost effective incentives U.S. Senate, utes) EPA should establish policy that rein- than those needed in the 1970’s and 80’s are Washington, DC. forces this legislation. required to enhance environmental protec- DEAR SENATOR HATFIELD: Philips Elec- The CIEA membership appreciates the op- tion and improve environmental perform- tronics is pleased to support your legislation portunity to support your forthcoming legis- ance in the 1990’s. Polaroid supports this leg- known as the Voluntary Environmental lation for the environmental audit privilege islation and your actions involved in intro- Audit Protection Act. This legislation makes and voluntary disclosure immunity. We be- ducing and overseeing its passage. eminent sense in that it removes the threat lieve a reasoned discussion of the issues of Sincerely, of unreasonable penalty for an action of good environmental audit privileges will result in HARRY FATKIN, faith to correct certain situations arising the passage of your bill, which will encour- Division Vice President, from noncompliance with environmental age and improve corporate environmental Health, Safety & Environmental Affairs. law. Philips Electronics and the vast major- compliance. ity of U.S. manufacturers strive to be good Sincerely, JOHN L. WITTENBORN, ENVIRONMENTAL AUDITING ROUNDTABLE, corporate citizens with respect to environ- STEPHANIE SIEGEL, North Ridgeville, OH, March 16, 1995. mental and other laws. Your legislation will Counsel to the Coalition Hon. MARK HATFIELD, create an enforcement atmosphere that will for Improved Environmental Audits. US Senate, Hart Senate Office Building, Wash- encourage such good corporate citizenry. We ington, DC. thank you for your leadership. DEAR CHAIRMAN HATFIELD: Following are Philips Electronics North America Cor- THE BFGOODRICH CO., the views of the Environmental Audit poration employs nearly 30,000 Americans Akron, OH, March 15, 1995. Roundtable on the ‘‘Voluntary Environ- engaged in the manufacture and sale of Hon. MARK HATFIELD, mental Audit Protection Act’’ that you and consumer and industrial electronics products U.S. Senate, Senator Brown are introducing. The intent and electronic components under the brand Washington, DC. of the bill is to encourage environmental au- names of Philips, Magnavox and Norelco. An- DEAR CHAIRMAN HATFIELD: The diting for compliance and effective manage- nual sales of more than $6 billion rank Phil- BFGoodrich Company wishes to express its ment systems to ensure compliance and con- ips among the top 100 U.S. manufacturers. support for legislation that you and Senator tinual improvement. Sincerely, Brown are introducing—‘‘The Voluntary En- The EAR, representing over 800 members, RANDY MOORHEAD. vironmental Audit Protection Act.’’ is the largest body of professional Environ- The BFGoodrich Company provides air- mental Health and Safety Auditors in the COLLIER, SHANNON, RILL & SCOTT, craft systems, components and services and world. Washington, DC, March 15, 1995. manufactures a wide range of specialty As a general rule, our organization should Re Senator Hatfield’s and Senator Brown’s chemicals. BFGoodrich manufactures in be silent on activity that are external to the audit and disclosure protection legisla- seven countries and operates an inter- auditing process unless those activities pro- tion. national network of sales offices and aircraft motes improvement in audit quality. We be- Hon. MARK HATFIELD, service centers with our Corporate head- lieve the concept of improving disclosure U.S. Senate, Hart Senate Office Building, quarters in Akron, Ohio. through a privilige mechanism will improve Washington, DC. Because of the Company’s international the quality of the audit process in the DEAR SENATOR HATFIELD: On behalf of the presence, we are exposed to a wide variety of followng ways: Coalition for Improved Environmental Au- environment, health and safety require- 1. Removing the fear of penalty when non dits (‘‘CIEA’’), we write in support of your ments. In order to ensure compliance with compliance is inadvertent will promote dis- proposed legislation for environmental audit these requirements, our Company conducts closure between the auditors and the audited and voluntary disclosure protection. We ap- environment, health and safety audits world- entity. plaud your efforts in conjunction with Sen- wide. S 4270 CONGRESSIONAL RECORD — SENATE March 21, 1995

Only in the United States do we have a sys- COORS BREWING CO., necessarily raises the most fundamental tem where responsibly managed organiza- Washington, DC, March 15, 1995. issue affecting the EPA: What is the role of tions suffer severe punishment for maintain- Hon. MARK HATFIELD, enforcement in achieving the agency’s pri- ing a review process to ensure compliance. U.S. Senate, mary purpose for being? Our current system is subject to the whim of Washington, DC. The debate about voluntary self-audits and U.S. EPA interpretations in the different re- DEAR SENATOR HATFIELD: We are pleased to the use of the information obtained has been gions of our nation. This does not allow for support you and Senator Brown in your ef- ongoing since the earliest days of the EPA. certainty in interpretation or fairness in en- forts to enact the Environmental Audit Dis- It was a hotly debated subject during my closure Protection Act. forcement. tenure as the agency’s chief enforcement of- Environmental audits are proven manage- Your proposed legislation, along with the ficial from 1975–77. It continues to be a hotly ment tools. They provide the opportunity for debated issue today. Its long tenure and the legislation already enacted in those states companies and public facility operators to that have chosen a new approach for the reg- agency’s inability to come to closure on a take a close critical look at their operations, decision are to a large extent attributable to ulated community, will establish a mecha- determine compliance with the thousands of the difficult policy choices involved. nism where those who are sincere in trying complicated, often confusing and overlap- The fundamental issue is whether the to improve the environment will benefit— ping environmental regulations and statutes EPA’s primary purpose to improve the qual- while those who continue to disregard good now on the books and fix any problem dis- ity of the environment is best achieved by practices will be subject to the full enforce- covered. In Colorado with the passage of a providing positive incentives for voluntary ment of the law. bill in 1994 that is very similar to yours, we compliance and remediation or by punishing, Your legislation is forward-looking and are creating a climate of some certainty, for past actions or omissions, those who have wherein a company or facility operator compatible with international programs. It failed to meet their responsibilities to pre- knows what kind of enforcement treatment will encourage our government agencies to serve and maintain the quality of the envi- to expect before investing in expensive and focus their efforts on those who truly require ronment. These are not easily separable. time consuming environmental audits and oversight while encouraging greater disclo- During the nascent stages of the agency, then disclosing results to state regulatory sure of information and communications strong enforcement actions and substantial authorities. We strongly believe this cer- from the regulated community. Moreover, it tainty, albeit limited, goes a long way to- punishments for violators were necessary to will provide regulatory agencies with infor- ward promoting self-initiated audits. convince both the public and those in regu- mation to improve programs and better However, that same certainty must be ap- lated industries that environmental laws measure performance. plied at the Federal level to allow the Colo- were to be taken seriously and that failure BFGoodrich supports your proposed legis- rado statute, and others like it, to be fully to comply could have serious consequences. lation and actions aimed at introducing and effective and widely utilized. That is why During my tenure, there was still a substan- overseeing its passage. your bill is so important. The debate over tial questioning among many in the regu- Sincerely, proper Federal legal controls over the ex- lated communities as to whether these envi- JON V. HEIDER, tent, form and utilization of voluntary self ronmental requirements were a passing fad Executive Vice President audits and the use of the information ob- that might be repealed by the next Congress and General Counsel. tained has been a matter of controversy and whether the EPA really meant business. among regulators in Washington who hold An emphasis on vigorous enforcement was unchallenged power and control under the vital to send an unequivocal answer to those CORPORATE ENVIRONMENTAL current command and control system. questions. ENFORCEMENT COUNCIL, With the hindsight of time, I am convinced Alexandria, VA, March 15, 1995. Stanley Legro, EPA’s Chief Enforcement official from 1975–77, wrote an interesting ar- that the decision made then was the right Hon. MARK HATFIELD, one, emphasis on vigorous enforcement to U.S. Senate, ticle entitled ‘‘Self Audits and EPA Enforce- Washington, DC. ment’’ in the Environmental Forum, Decem- send the clear message that or country had ber 1994. The article follows this letter. To made a decision to improve the quality of DEAR CHAIRMAN HATFIELD: On behalf of the paraphrase Mr. Legro, he says in order to the environment, and that those who tried to members of the Corporate Environmental reach the next plateau to improving the thwart the effort would face severe con- Enforcement Council (CEEC), I want to ex- quality of the environment there must be a sequences. While our country still has much press to your support for legislation that you shift from the current enforcement mental- left to do, the progress to date is proof of the and Senator Hank Brown are introducing, ity to providing incentives to increase com- wisdom of choosing robust enforcement. ‘‘The Voluntary Environmental Audit Pro- pliance. In moving to that next plateau Mr. Today, we are faced with a somewhat dif- tection Act.’’ Legro says he ‘‘favors maximizing incentives ferent situation which, I believe, calls for a CEEC is an organization of 18 member for voluntary self audits.’’ different emphasis. One should not gainsay companies comprised of corporate counsel We believe that your bill as drafted em- the vital continuing role of vigorous enforce- and management from a wide range of indus- braces Mr. Legro’s thoughts by striking an ment. We must begin by leaving no doubt trial sectors that focuses exclusively on civil appropriate and constructive balance be- whatsoever that anyone who intentionally or and criminal environmental enforcement tween many of the relevant competing inter- recklessly harms or endangers the quality of public policy issues. CEEC’s membership in- ests involved. The bill provides protection our environment, no matter how long after cludes: AT&T, The BFGoodrich Company, for responsible entities against being pun- the fact the transgression is discovered, Caterpillar, Inc., Coors Brewing Company, ished for doing the right thing without im- should—indeed must—be subject to the full DuPont, Eli Lilly and Company, Hoechst pending enforcement against those who force of the law. Celanese Corporation, ITT Corporation, Elf flaunt environmental laws. It is truly re- Nevertheless, now there is a high degree of Atochem, North America, Inc. Kaiser Alu- freshing without impeding enforcement awareness of the existence of environmental minum & Chemical Corporation, Kohler against those who flaunt environmental laws and regulations in general, as well as Company, 3M, Owens Corning, Pfizer, Inc., laws. It is truly refreshing to see legislation the specific requirements for compliance, that benefits the environment, benefits re- Polaroid Corporation, Procter and Gamble, among the regulated communities as well as sponsible industry, protects against abuses, Textron and Weyerhaeuser Company. among the public. There is relatively little imposes no costly mandates and doesn’t We commend you and Senator Brown for incidence of knowing or intentional actions spend a dime of taxpayers’ money. Indeed, it or omissions which harm or degrade the en- this legislation because it is constructive en- may even reduce the need for, and expense vironmental legislation. You have recog- vironment. From my present perspective, a of, certain enforcement resources. much bigger barrier to continuing substan- nized that environmental audits are valuable Coors looks forward to assisting you and management tools for improving environ- tial progress is awareness of environmental Senator Brown to secure early enactment of problems on the ground so that appropriate mental compliance, that they are good for this legislation. remedial actions can be promptly com- the environment, and that they will enhance Respectfully yours, menced and effectively accomplished in a all of our collective efforts to improve envi- ALAN R. TIMOTHY, timely manner. ronmental performance. Director, This brings us to environmental audits. Mr. Chairman, we thank you and Senator Federal Government Affairs. What is the best balance between the carrot Brown, and your staffs, for developing this and the stick to achieve the best overall re- [From the Environmental Forum, December important legislation and stand ready to sults? I recommend that today, while the 1994] work with you to see it become law. stick should always remain within easy Sincerely, SELF AUDITS AND EPA ENFORCEMENT reach, the emphasis must be shifted to pro- CARL A. MATTIA, (By Stanley W. Legro) viding incentives for broad scale voluntary Chairman of the Board; Vice President, En- The high degree of interest in the public compliance. In my opinion, the emphasis vironment, Health and Safety, The meeting held by EPA on auditing last sum- today should be on those measures that will BFGoodrich Co. mer is strong evidence of the continuing im- encourage environmental audits and the ben- portance of this vital subject. Indeed, it may efits which they can produce in the real be fair to say that the subject of auditing world. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4271

Accordingly, I suggest that the results of reporting by the source. Penalties will not be ELF ATOCHEM NORTH AMERICA, INC., environmental audits should not be used by assessed for past violations discovered by a Arlington, VA, March 21, 1995. the EPA (or state or local) enforcement au- voluntary self audit and voluntarily reported Hon. MARK HATFIELD, thorities to seek penalties for any past acts to EPA, unless the past violation was inten- U.S. Senate, or omissions unless it is shown that such tional or resulted from reckless conduct. Washington, DC. acts or omissions were intentional with Last, once a violation has been discovered Subject: ‘‘Voluntary Environmental Audit knowledge that they would or were likely to and reported, the source will be required Protection Act’’ to amend Title 28 of the result in serious harm to the environment or promptly to take prospective actions nec- United States Code. were reckless. essary to prevent a continuance or recur- DEAR SENATOR HATFIELD: On behalf of Elf At the same time, I recommend that the Atochem North America, Incorporated, I am rence of the problem and to commence ap- results of environmental audits be provided writing to express our strong support for the propriate remedial measures to protect and to the agency, and that they serve as a proposed ‘‘Voluntary Environmental Audit restore the quality of the environment. benchmark for future remediation and cor- Protection Act’’ introduced by both you and rection of practices, processes, and existing All policy choices must be measured Senator Hank Brown. Our company has de- pollution which they have revealed. In other against the standard of achieving the great- veloped a strong audit program which will be words, prospectively the results of environ- est amount of improvement in our environ- further strengthened with passage of this mental audits will be used to set a high mental quality. Today, I believe the balance proposed legislation. The ability to move standard, but one that is fair because it of- should favor maximizing the incentives for rapidly to fix problems and share concerns fers an opportunity to take those actions voluntary self audits. Voluntary environ- throughout the company, without the legal which would avoid or alleviate the environ- mental self audits, reporting past violations concerns that presently overshadow any mental harm. and pollution which requires remedial ac- audit program, will be greatly enhanced. If the EPA discovers a violation by its own tions discovered by those audits to the EPA, We are aware of the U.S. Environmental inspection or as a result of information re- and undertaking prompt and effective reme- Protection Agency’s (EPA) effort to amend ceived from a third party, I believe that it dial measures offer the best opportunity to its current audit policy. However, in our should pursue vigorously all remedies avail- achieve our national policy objectives in the view EPA still takes the position that ‘‘no able. However, if the discovery is a result of shortest period of time. This is the right pol- good deed goes unpunished,’’ by providing for a voluntary audit and is timely reported icy choice for the EPA today. penalties when a company voluntarily dis- first to the EPA by the source, policy consid- closes violations that would not have been erations weigh in favor of encouraging vol- found but for the use of good environmental untary self audits and prompt follow-up cor- AMERICAN FOREST & management through auditing. rective actions. PAPER ASSOCIATION, For some time, our management has been We also need to consider the nature and ex- Washington, DC, March 20, 1995. actively involved in the conceptual issues tent of privilege, the right to confidentiality Hon. MARK HATFIELD, concerning auditing and environmental man- for the results of environmental audits. Hart Senate Office Building, agement. Frank Friedman, Elf Atochem N.A. Some jurisdictions have adopted this ap- Washington, DC. Senior Vice-President for Health, Environ- proach. I have researched and considered the DEAR SENATOR HATFIELD: I want to express ment and Safety, is author of the leading issue at length. It is my conclusion that the the support of the American Forest & Paper book on environmental management, ‘‘A use of a privilege approach by the EPA is an Association (AF&PA) for the efforts you and Practical Guide to Environmental Manage- unsatisfactory solution which does not pro- Senator Brown have undertaken with regard ment’’ (Fifth Edition 1995) published by the tect the environment nor provide maximum to granting a limited privilege to internal, Environmental Law Institute. At EPA’s re- incentive to initiate self audits. (However, it voluntary environmental audits. quest, Mr. Friedman was the lead-off speaker is vital to have a privilege from disclosure to AF&PA is the major trade association rep- at the Agency’s review of its audit policy in private parties and to any state or local offi- resenting the forest products industry in this July 1994. In his testimony, Mr. Friedman cials who refuse to join in the recommended country. We account for 7 percent of all U.S. counseled, as did many others, on the need EPA approach.) manufacturing output and directly employ ‘‘for EPA to develop other indicators of en- From the perspective of the EPA, the pur- 1.6 million workers in the manufacture of forcement success rather than just on the pose of this, as any other policy, is to im- forest and paper products and the recovery basis of the number of cases brought’’. prove the environment. The agency seeks to and recycling of paper. We contribute $49 bil- There is no question that EPA should re- provide incentives for self audits to discover lion in direct payrolls to local economies and tain a strong enforcement program, but it is and to commence prompt and effective reme- equally important that enforcement be put rank among the top ten employers in 46 of dial measures. The self audit is merely a in context, namely, as a vehicle for assuring the 50 states. means; without assuring that the audit re- environmental compliance. If compliance is AF&PA member companies are regulated sults are put to use, the policy fails. The re- achieved voluntarily; if problems are dis- medial measures are the end. A privilege ap- under a wide range of environmental pro- closed and dealt with more rapidly, and more proach gives no assurance that problems dis- grams, including the Federal Water Pollu- companies develop in-depth audit programs, covered will result in remedial actions tion Control Act, the Clean Air Act, and the then EPA’s enforcement goals are readily taken. Indeed, the privilege approach may Resource Conservation and Recovery Act. achieved. actually discourage prompt remedial meas- The Association strongly supports public We also have, at this time, one important ures in many cases. policies that will serve to increase compli- comment on the proposed legislation. Pro- From the perspective of the corporate ex- ance with environmental laws by granting a posed Section 3803(b) limits voluntary disclo- ecutive, the privilege approach is also unsat- limited protection for information developed sure if a company has ‘‘committed repeated isfactory for at least two reasons. First, by companies through voluntary, internal violations’’. We assume this language applies some information resulting from the audit is environmental audit programs. Some states, to companies operating a single ‘‘facility’’. If likely to be subject to mandatory disclosure including Oregon and Colorado, have already not, such a provision disadvantages compa- under certain environmental laws and secu- enacted statutes providing such protections, nies operating multiple facilities with re- rities laws. Such partial disclosure will often and we believe the positive experience gained spect to the audit disclosure protections pro- lead to investigations or audits that inde- in these instances bolsters the case for a vided in the proposed bill. In such cases, if a pendently uncover most, if not all, of the in- similar statute at the Federal level. violation has occurred at one facility and a formation for which the privilege is claimed. Accordingly, AF&PA strongly supports the company wants to make certain that this Second, and even more important from the leadership you and Senator Brown have will not occur elsewhere it will be penalized. point of view of a corporate official deciding We are sure this is not the intent of the bill shown in this field. Although we have not whether to undertake a voluntary self audit, and it should be clarified. had the opportunity to analyze your draft a privilege does nothing to eliminate liabil- Again, we wish to commend you and your legislation in detail, we believe that it will ity for past violations; a self audit increases staff for the careful and thoughtful way in the availability of evidence to authorities to help to lay the foundation for a necessary which this proposed legislation was crafted. prove those violations. For these reasons, a Federal debate. As a matter of policy, such The proposed bill recognizes that if compa- privilege approach would not be the best pol- audits help to increase compliance with en- nies have strong, voluntary auditing pro- icy for the EPA. vironmental safeguards, and should be en- grams in place, compliance will follow. Be- In sum, in order to maximize the incen- couraged. When our analysis of your pro- cause this legislation represents sound pub- tives to conduct self audits and to apply the posal is completed, AF&PA will share that lic policy that will advance protection of information obtained to realize the greatest review with you and your staff. We look for- human health and the environment, Elf environmental improvement, I recommend ward to working with you to expedite consid- Atochem (as will, we are certain, other mem- the following commitment by the agency’s eration of this important issue. bers of the regulated community) is commit- enforcement authorities: Sincerely, ted to supporting passage of this legislation. The EPA will continue to apply the full B. ROLAND MCELROY, Sincerely, penalties for past violations discovered by Vice President, CHARLES A. KITCHEN, EPA inspections or by a means other than as Government Affairs. Director, Government Relations. a result of a voluntary self audit and timely S 4272 CONGRESSIONAL RECORD — SENATE March 21, 1995

ENVIRONMENTAL PROTECTION AGENCY, eager to share what we have learned with the uous for the EPA to suggest increased litiga- Washington, DC, March 1, 1995. Congress in hearings. We think it is crucial tion as a reason to oppose this bill, when Hon. JOEL HEFLEY, that the House take the time to hold appro- many EPA programs have just that effect. U.S. House of Representatives, priate hearings on the full range of views on 3. You argue that the evidentiary privilege Washington, DC. these issues, and to consider alternative ap- goes beyond the common law attorney-client DEAR CONGRESSMAN HEFLEY: I am writing proaches that would have the support of a and work product privileges. to express EPA’s opposition to the environ- wide range of stakeholders. Unfortunately, While H.R. 1047 does provide a more ex- mental audit privilege/penalty immunity H.R. 1047 falls far short of that mark. panded privilege than the attorney-client provisions currently contained in H.R. 1047. I look forward to working with you and privilege, it does not protect the facts that Our concerns include the following: other members on these very important and are required to be provided to the EPA. The 1. Environmental damage or even disasters complex issues. EPA still has complete access to the date caused by recklessness or gross negligence Sincerely, and reports as it had before. Moreover, the would go unpunished under certain provi- STEVEN A. HERMAN, EPA can still obtain additional information sions. Specifically, regardless of the harm in- Assistant Administrator. through investigations, information re- flicted on people or the environment, H.R. quests, sampling and monitoring, etc. Facts 1047 would eliminate all punishment for cer- HOUSE OF REPRESENTATIVES, available to the EPA in documents required tain criminal and other violations if they are Washington, DC, March 20, 1995. to be maintained by entities, reports that ‘‘voluntarily’’ disclosed. As we read H.R. Mr. STEVEN A. HERMAN, must be provided to the EPA and informa- 1047, a ‘‘voluntary disclosure,’’ for which Assistant Administrator, U.S. Environmental tion obtained from independent sources are total immunity from civil and criminal pen- Protection Agency, Washington, DC. all still available to the EPA under H.R. 1047. alties is granted, includes information that DEAR MR. HERMAN: I am writing in re- Presumably, these are the facts the EPA be- is required to be reported—including notifi- sponse to your letter of March 1, 1995. While lieves are necessary to ensure compliance cation of emergencies as well as routine re- I appreciate the Office of Enforcement and with environmental laws. ports, such as Discharge Monitoring Reports Compliance Assurance taking the time to 4. Finally, you argue that the penalty im- under the Clean Water Act. Truly ‘‘vol- comment on H.R. 1047, I am disappointed munity in the legislation gives violators an untary’’ disclosures should be encouraged, that your letter merely recasts the unsub- but not by granting blanket immunity for stantiated objections that the Environ- unfair economic advantage over their law- criminal and other harmful acts. mental Protection Agency routinely has abiding competitors because it does not 2. The bill encourages litigation that will made for many years. allow federal and state regulators to recover further burden our already taxed judicial Let me respond to each of your specific the economic benefit gained from noncompli- system. Specifically, the bill uses many concerns and take the opportunity to explain ance. Your concern that a violator will de- vague terms for lawyers to argue over. For why protections for legitimate environ- rive an economic benefit is misplaced. example, H.R. 1047 would allow violators to mental audits and voluntary disclosures are Under H.R. 1047, as soon as a person volun- argue that many routine business activities critical for the public health and the envi- tarily discloses a violation, that person must are ‘‘compliance evaluations’’ simply to ronment. promptly achieve compliance in order to re- evade disclosure. This kind of litigation will 1. You argue that the voluntary disclosure ceive penalty immunity. These steps include drain both private and government resources provisions would grant blanket immunity installing whatever equipment may be re- and in some cases prevent quick action to from criminal penalties and would include quired. In cases where there are environ- address environmental emergencies—despite information that is required to be reported mentally irresponsible companies that have the exceptions in the bill. under environmental laws, such as Discharge avoided installing the requisite equipment, 3. The evidentiary privilege in this bill ap- Monitoring Reports, etc. any economic benefit that they may have de- pears to go far beyond the attorney-client H.R. 1047 does not grant blanket immunity rived will surely be cancelled out—and then and work product privileges by potentially from prosecution. In fact, there is no immu- some—by having to quickly retrofit their shielding from the government and the pub- nity from prosecution, but simply immunity plants to come into compliance. It will like- lic virtually all factual information about from administrative, civil and criminal pen- ly cost them significantly more to come into environmental noncompliance—including alties. Further, the immunity is not a ‘‘blan- compliance at a later date than it did for facts underlying a self-evaluation that might ket’’ immunity; there are two important their competitors who designed compliant be crucial in holding violators accountable limitations. First, the presumption against systems from the outset. Further, how would for their actions. It appears that the privi- imposition of penalties is a rebuttable pre- the EPA propose to determine any such eco- lege would apply to much more than just sumption. If the presumption can be rebut- nomic benefit while assuring the certainty audit reports and over documents related to ted by the EPA (i.e., notice was not given required for companies to utilize the vol- self-evaluations. promptly, the information was not learned untary disclosure provisions? I believe this 4. It makes sense to give substantial pen- as a result of an environmental audit or the would be terribly difficult to predict with alty reductions to those who come forward, problem is not corrected) then penalties can certainty. disclose their violations, and promptly cor- be assessed. Second, if a regulated entity has In addition to the specific responses above, rect them. The penalty immunity provision demonstrated a pattern of disregard for envi- several other points must be considered re- in the bill, however, gives violators an unfair ronmental laws, they are not eligible for garding H.R. 1047. Administrator Browner economic advantage over their law-abiding penalty immunity for voluntary disclosures. has emphasized that ‘‘enforcement is not an competitors because it does not allow federal In addition, information that is voluntarily end in itself.’’ She has noted that the EPA and state governments to recover from the disclosed that may be required to be reported must change its ways; that the agency must violator even the economic benefit they under an environmental law would only be do everything it can to focus on compliance, gained from their noncompliance. subject to the immunity if it was learned as and that obstacles to compliance must be As you may know, Administrator Browner a result of performing the environmental eliminated. H.R. 1047 does just that. asked the Office of Enforcement and Compli- audit. This is a significant limitation. As the EPA recognizes, an environmental ance Assurance last May to reassess EPA’s 2. Your letter states that the legislation enforcement policy should not discourage environmental auditing policy to see if we will encourage litigation because it is vague compliance. Unfortunately, current EPA and needed new incentives to encourage vol- and would allow violators to argue that Department of Justice policies do precisely untary disclosures and prompt correction of many routine business activities are compli- that. Under the current enforcement scheme, violations uncovered in environmental au- ance evaluations to evade disclosure. You do responsible entities that work to achieve en- dits. Our review has been open and inclusive. not believe that the exceptions in the bill vironmental goals find themselves exposed In July 1994, and again in January 1995, we will prevent such evasion and, consequently, to greater liability than those in the regu- held public meetings, and an Agency audit- such litigation. lated community who do less or do nothing ing workgroup has met and continues to H.R. 1047 does not privilege any reports or at all. work with key stakeholders. We have in- data that are already required to be com- The result of all this is that responsible volved industry, trade groups, state environ- piled or reported. Nor does it restrict EPA’s members of the regulated community are mental commissions and attorneys general’s ability to request additional data. The defi- discouraged from conducting self-evalua- offices, district attorneys’ offices, and envi- nition of a voluntary environmental self- tions and from voluntarily disclosing viola- ronmental groups. We have identified ap- evaluation is clear in the bill. To qualify, the tions because of the tremendous risk of civil proaches that seem to have broad support evaluation must be initiated and carried out and criminal enforcement. This negatively among these groups. by the person for the purpose of determining impacts compliance which, in turn, nega- Consistent with prior correspondence be- compliance with environmental laws. The tively impacts public health and the environ- tween several House members and Adminis- EPA itself has defined environmental audit- ment. In the end, the environment is the trator Browner, we expect to announce the ing in its 1986 policy statement in broader loser. results of our reassessment process shortly. terms. Thus, in this legislation, there are no Since the EPA’s goal is compliance, not The issues surrounding environmental audit- vague terms behind which persons can hide punishment, as stated by the president last ing, voluntary self-evaluations and vol- to evade disclosure of anything that is al- Thursday in announcing his regulatory re- untary disclosure are complex, and we are ready required to be reported. It is disingen- form package, then surely it makes sense to March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4273 encourage compliance. This view is not require a waiver of the Jones Act to be Many continue to suffer from physical without precedent at the federal level. operated in the U.S. coastwise trade. difficulties associated with their cap- Other federal agencies have recognized Champion Constructors, Inc. intends ture and confinement. The Purple the need to encourage compliance, and for the vessels to be used between Heart Medal would serve to put their have done so by implementing protec- points in Alaska transporting cargo service and sacrifice on par with the tions similar to those in H.R. 1047. The and passengers. veterans of other wars, and will remind Federal Aviation Administration’s pol- It is my understanding that no other Americans of their sacrifices. It seems icy serves as a perfect example that hovercraft of this type and size exist. a fitting and overdue recognition. compliance should come first. Mr. President, I ask unanimous con- Madam President, I ask unanimous The FAA policy is designed to provide in- sent that the text of the bill be printed consent that the text of the bill, the centives for deficiencies to be identified and in the RECORD. supporting resolutions of the Military corrected by the companies themselves, There being no objection, the text of Order of the Purple Heart and the Dis- rather than risk air safety by awaiting the the bill was ordered to be printed in abled American Veterans, and the let- results of an FAA inspection. In implement- the RECORD, as follows: ing the FAA policy, agency officials empha- ters of support from the DAV, Amer- sized that ‘‘aviation safety is best preserved S. 583 ican Legion, AMVETS, and the Jewish by incentives . . . to identify and correct Be it enacted by the Senate and House of Rep- War Veterans of the United States, be their own instances of noncompliance and in- resentatives of the United States of America in printed in the RECORD. I would also vest more resources in efforts to preclude re- Congress assembled, That notwithstanding like to thank my colleagues, Senators currence, rather than paying penalties’’. sections 12106, 12107, and 12108 of title 46, AKAKA, COCHRAN, CRAIG, DEWINE, United States Code, and section 27 of the Surely, environmental protection is at least FORD, HARKIN, KERRY, LUGAR, ROCKE- as important as aviation safety and, there- Merchant Marine Act, 1920 (46 App. U.S.C. FELLER, STEVENS, and WELLSTONE for fore, deserves the same incentives to en- 883), as applicable on the date of enactment hance compliance. of this Act, the Secretary of Transportation joining me as original cosponsors of H.R. 1047 is critical because it provides in- may issue a certificate of documentation this bill. centives to maximize environmental compli- with a coastwise endorsement for each of the There being no objection, the mate- ance and allocates resources to compliance, vessels RESOLUTION (Serial Number rial was ordered to be printed in the not enforcement. I reiterate that intentional 77NS8701) and PERSERVERANCE (Serial RECORD, as follows: violators cannot benefit from the legislation. Number 77NS8901).∑ S. 584 And while responsible members of the regu- lated community will indeed benefit in By Mr. ROBB (for himself, Mr. Be it enacted by the Senate and House of Rep- terms of receiving much needed protections CRAIG, Mr. AKAKA, Mr. HARKIN, resentatives of the United States of America in and certainty, the real beneficiary of H.R. Mr. ROCKEFELLER, Mr. LUGAR, Congress assembled, 1047 is the environment. Mr. DEWINE, Mr. STEVENS, Mr. SECTION 1. AUTHORITY TO AWARD PURPLE I look forward to your participation in this COCHRAN, Mr. WELLSTONE, Mr. HEART. debate as the legislative process moves for- (a) AUTHORITY TO MAKE AWARD.—(1) Sub- FORD, and Mr. KERRY): ward. ject to paragraph (2), the President may Sincerely, S. 584. A bill to authorize the award award the Purple Heart to a person described JOEL HEFLEY, of the Purple Heart to persons who in subsection (b) who was taken prisoner and Member of Congress.∑ were prisoners of war on or before April held captive before April 25, 1962. 25, 1962; to the Committee on Armed (2)(A) Except as provided in subparagraph By Mr. STEVENS: Services. (B), an award of the Purple Heart under S. 583. A bill to authorize the Sec- PURPLE HEART LEGISLATION paragraph (1) may be made only in accord- retary of Transportation to issue a cer- ∑ Mr. ROBB. Madame President, I in- ance with the standards in effect on the date of the enactment of this Act for the award of tificate of documentation and coast- troduce legislation which will correct wise trade endorsement for two vessels; the Purple Heart to a person described in an inequity that unfairly denies due subsection (b) who has been taken prisoner to the Committee on Commerce, recognition to some of America’s wor- and held captive on or after April 25, 1962. Science, and Transportation. thiest veterans. (B) An award of a Purple Heart may not be VESSEL DOCUMENTATION LEGISLATION Specifically, this bill would entitle made under paragraph (1) to any person con- ∑ Mr. STEVENS. Mr. President, today prisoners of war from War World I, victed by a court of competent jurisdiction I am introducing a bill to provide cer- World War II, and Korea to receive the of rendering assistance to any enemy of the tificates of documentation for the ves- Purple Heart Medal for wounds which United States. (b) ELIGIBLE PERSONS.—(1) A person re- sels Resolution and Perserverance. were sustained while being captured or ferred to in subsection (a) is an individual— The hovercraft Resolution, Serial while in captivity. Currently, only (A) who is a member of the Armed Forces Number 77NS8701, and Perserverance, those veterans who suffer wounds while of the United States; and Serial Number 77NS8901, were built in being captured or in captivity after (B) who is wounded while being taken pris- 1983 and 1985, respectively, by British April 25, 1962, are eligible for the Pur- oner or held captive— Hovercraft Corp. Limited in East ple Heart Medal. (i) in an action against an enemy of the Cowes, Isle of Wight, England. While we might debate how best to United States: They are 70 feet in length, and have a recognize their sacrifice and hardship, (ii) in military operations involving con- flict with an opposing foreign force; maximum operating weight of 32 tons. one thing is abundantly clear; we (iii) during service with friendly forces en- The craft were sold to Hovertravel, a should not differentiate between pris- gaged in an armed conflict against an oppos- United Kingdom company, which oper- oners of war based solely on the date of ing armed force in which the United States ated the craft in a passenger ferry op- the war in which they were captured. is not a belligerent party; eration from the Isle of Wight, Eng- Madam President, as a Vietnam vet- (iv) as the result of an action of any such land. eran who has had the privilege of lead- enemy or opposing armed force; or The two hovercraft were sold by ing marines in combat, and as a mem- (v) as the result of an act of any foreign Hovertravel to the U.S. Navy in 1986 ber of the Senate’s Select Committee hostile force. (2) Any wound of a person referred to in Resolution, and 1989 Perserverance. on POW/MIA Affairs, I am acutely paragraph (1)(A) that is determined by the They were modified by Textron in aware of the hardships endured by serv- Secretary of Veterans Affairs to be a service- Panama City, FL to be used as training ice personnel who have been captured connected injury arising from being taken craft for U.S. Navy personnel to learn by hostile military forces. All of these prisoner or held captive under a cir- to operate hovercraft. servicemen have suffered mental and cumstance referred to in paragraph (1)(B) After being declared surplus by the physical abuse, and many were tor- shall also meet the requirement set forth in U.S. Navy, ownership of the vessels tured, beaten and starved while in con- paragraph (1)(B). now resides with Champion Construc- finement. (c) RELATIONSHIP TO OTHER AUTHORITY TO AWARD THE PURPLE HEART.—The authority tors, Inc., a subsidiary of Cook Inlet Our prisoners of war from World War under this Act is in addition to any other au- Region, Inc. of Anchorage, AK. I, World War II, and Korea suffered var- thority of the President to award the Purple Because the vessels were built in ious wounds and innumerable atroc- Heart. England, they are undocumented, and ities at the hands of their captors. S 4274 CONGRESSIONAL RECORD — SENATE March 21, 1995

THE MILITARY ORDER NATIONAL INTERIM LEGISLATIVE COMMITTEE vilian counterparts. That alone justifies the OF THE PURPLE HEART, RESOLUTION limitation on the eligibility for the award. Springfield, VA, February 14, 1995. AUTHORIZE THE PURPLE HEART MEDAL TO Thank you again for working for America’s JAMES CONNELL, FORMER POWS OF WORLD WAR I, WORLD WAR veterans, and we look forward to working Department State Director, II, AND THE KOREAN WAR FOR INJURIES RE- with you in the future. Richmond, VA. CEIVED DURING CAPTIVITY Sincerely, DEAR MR. CONNELL: I received a call from Whereas, Title 32, U.S. Code, effective DONALD M. HEARON, the Senator’s office requesting a copy of the April 25, 1962, authorizes the award of the National Commander.∑ Resolution ‘‘to authorize the award of the Purple Heart to prisoners of war for wounds Purple Heart Medal.’’ or injuries sustained as a result of beatings By Mr. LAUTENBERG: Enclosed is a copy of Resolution No. 94–038, and other forms of physical torture while in S. 586. A bill to eliminate the Depart- passed by the Convention Body at the Na- captivity; and ment of Agriculture and certain agri- tional Convention of the Military Order of Whereas, prior to April 25, 1962, the Purple cultural programs, to transfer other the Purple Heart, in Des Moines, Iowa. Heart Medal for former prisoners of war was If I can be of further assistance, contact only awarded to those who were wounded or agricultural programs to an agri- this office. injured in action prior to or at the time of business block grant program and Sincerely, capture or in an attempted or successful es- other Federal agencies, and for other EDMUND E. JANISZEWSKI, cape; and purposes; to the Committee on Agri- National Legislative Director. Whereas, former prisoners of war of World culture, Nutrition, and Forestry. War I, World War II and the Korean War RESOLUTION NO. 94–038 were physically abused, beaten, tortured and THE AGRICULTURE MODERNIZATION ACT Re to authorize the award of the Purple Heart placed on forced work details, without con- ∑ Mr. LAUTENBERG. Mr. President, I to persons who were prisoners of war on or cern for their health by enemy guards and introduce the Agriculture Moderniza- before April 25, 1962. hostile civilians; and Whereas, many of these servicemen, while tion Act. It would eliminate the De- Committee: Legislative/Service. partment of Agriculture, spinning off Committee Action: Approve. in captivity, suffered from physical abuse, malnutrition and exhaustion, as well as re- some programs to other parts of the Whereas: Current law provides for the ceived wounds and injuries as a result of di- Federal Government, and sell the two award of the Purple Heart Medal to POWs rect and indirect action at the hands of their USDA buildings on the Mall. under certain circumstances, who were cap- captors; NOW tured on or after April 25, 1962; and This legislation acknowledges what Therefore, be it Resolved that the Disabled we all know: the Great Depression Whereas: Senator Robb of Virginia has pro- American Veterans in Nation Convention as- posed a bill to award the Purple Heart Medal sembled in Chicago, Illinois, August 20–25, ended 50 years ago and it’s 1995. Many to POWs captured prior to April 25, 1962; and 1994, supports the enactment of legislation to USDA activities should go the way of Whereas: Presidents Kennedy and Reagan provide the same consideration to the award the WPA and other programs which, have issued Executive Orders allowing for of the Purple Heart Medal to former pris- like the USDA’s commodity price pro- the award of the Purple Heart Medal to civil- oners of war held captive prior to April 25, grams, were set up to deal with the ians wounded under certain circumstances to 1962, as afforded those captured after that devastation caused by the Depression. include terrorists attacks; now, therefore be date. With recovery, they were disbanded. it House Budget Committee Chairman THE AMERICAN LEGION, Resolved: That the Military Order of the JOHN KASICH and Senate Majority Purple Heart support legislation proposed by Washington, DC, August 29, 1994. Leader BOB DOLE have proposed elimi- Senator Robb, which is attached to this reso- Mr. JIM CONNELL, Deputy State Director, State Office of Senator nating four departments of government lution; and be it further Charles S. Robb, Richmond, VA. Resolved: That the Military Order of the as part of their deficit reduction plan: DEAR MR. CONNELL: Members of the staff of Committee, Education, Energy, and Purple Heart of the United States of Amer- the American Legion have reviewed Senator ica seek legislation, to negate the award of Housing and Urban Development. Robb’s proposed bill authorizing award of the If we want to scale back government, the Purple Heart Medal to any civilian under Purple Heart medal. You have satisfied the any circumstances; and finally be it concerns we outlined in our March 31, 1994 and eliminate wasteful bureaucracies, Resolved: That copies of this resolution be letter and we have no objection to the pro- the USDA is an excellent place to forwarded to the 62nd National Convention posed bill as it now reads. The Legion, how- start. It is the most obsolete and bloat- of the Military Order of the Purple Heart of ever, still has no resolution recognized by ed of all Cabinet departments. The the United States of America, for adoption the membership on this subject and there- USDA tops the list for personnel, budg- by the delegates in assembly at Des Moines, fore, cannot specifically and formally en- et, and subsidies to those who need Iowa, August 8th thru August 13th, 1994. dorse the bill at this time. them least. Submitted by Edmund F. Janiszewski, Na- In most cases dealing with presentation of military awards and decorations, we defer to In scaling back Government, let’s tional Legislative Director, July 14, 1994. start with a department that provides Convention Action: Approved by Conven- the Department of Defense and their appro- pork for agribusinesses that don’t need tion Body August 11, 1994. priate directives. If your proposed bill com- plements a service regulation you should en- it before we eliminate one that helps counter few objections. our children get an education and start DISABLED AMERICAN VETERANS, Sincerely, on life. Washington, DC, September 6, 1994. GERALD M. MAY, In evaluating the Kasich-Dole pro- Hon. CHARLES S. ROBB, Assistant Director, posal, it is important to understand State Office of Senator Charles S. Robb, Rich- National Legislative Commission. mond, VA. that the USDA has 109,000 employees, DEAR SENATOR ROBB: Thank you for pro- AMVETS, more than the other four departments viding us with a copy of your draft bill to au- Lanham, MD, August 25, 1994. combined. Furthermore, USDA’s $62 thorize the award of the Purple Heart to per- Hon. CHARLES S. ROBB, billion budget dwarfs the budgets of sons who were prisoners of war on or before U.S. Senate, Commerce, Energy, Education and April 25, 1962. Washington, DC. HUD. Indeed, it is almost as large as This measure has the support of the Dis- DEAR SENATOR ROBB: I am writing to ex- these four departments combined. abled American Veterans. The delegates to press AMVETS’ support for your bill to The Agriculture Modernization Act our 1994 annual National Convention adopted award the Purple Heart to certain military personnel who were taken prisoner before will eliminate wasteful programs in a resolution (copy enclosed) supporting legis- USDA. It will transfer important pro- lation for this purpose, and your draft bill is April 25, 1962. grams to agencies better suited to ad- consistent with that resolution. We are pleased that your bill will recognize We appreciate the changes you made to ad- the sacrifices made by those who suffered at minister them, like HHS taking over the hands of the enemy, whatever the period dress our concerns, and we appreciate your the Food Stamp Program. of conflict. efforts on behalf of this deserving group of And it will put all the money spent I would also like to express AMVETS’ op- veterans. on commodity programs into a block position to awarding the Purple Heart to ci- grant which will be phased out com- Sincerely, vilians who suffer injuries because of terror- RICHARD F. SCHULTZ, ist action. While we in no way minimize any- pletely over 5 years. This will permit National Legislative Director. one’s suffering, there is a fundamental dif- the States to help recipients of agricul- ference between the responsibilities incum- tural entitlement programs adjust to a bent upon each service member and their ci- scaling back, and then loss, of benefits. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4275 This bill will reduce the deficit by Animal Damage Control Program. united as Americans. That unity is approximately $25 billion over 5 years. Commodity Credit Corporation. symbolized by a unique emblem, the The Republican leaders have laid out BLOCK GRANT—ADMINISTERED BY THE DEPART- American flag. ambitious deficit reduction goals to MENT OF COMMERCE (PHASED OUT OVER FIVE As Supreme Court Justice, John Paul slice $500 billion off the Federal budget YEARS) Stevens said in his dissent in the 1989 in the next 5 years. They propose to ac- All commodity programs including: Feed Texas flag-burning case: complish this without touching Social grains, wheat, rice, cotton, tobacco, dairy, soybeans, peanuts, sugar, honey, and wool. A country’s flag is a symbol of more than Security. DEFICIT REDUCTION nationhood and national unity. It also sig- That’s going to mean very deep cuts. nifies the ideas that characterize the society I’d like to see us start on subsidies to This legislation will save approxi- that has chosen that emblem as well as the agribusiness and waste at USDA before mately $25 billion over five years, not special history that has animated the growth we cut the safety net out from under including administrative savings re- and power of those ideas. . . . So it is with our Nation’s families and children. sulting from transferring duplicative the American flag. It is more than a proud The Department of Agriculture’s functions to other departments and symbol of the courage, the determination, time has come and gone. It began agencies. See attachment for details. and the gifts of a nation that transformed 13 PROGRAMS TO BE TRANSFERRED fledgling colonies into a world power. It is a under President Abraham Lincoln. In symbol of freedom, of equal opportunity, of the 1860’s, 60 percent of Americans were Health and Human Services: Food Stamps, School Lunch, WIC and religious tolerance, and of goodwill for other farmers and the USDA had 9 employ- peoples who share our aspirations. ees. Now only 2 percent of Americans other nutrition programs. Nutrition pro- grams that are entitlements will remain so. For over 200 years, this proud banner are farmers and USDA has 109,000 em- Food Safety and Inspection Service. has symbolized hope, opportunity, jus- ployees worldwide. Food and Consumer Service. tice and, most of all, freedom, not just That’s one bureaucrat for every five Parts of the Animal and Plant Health In- to the people of this Nation, but to peo- farmers. spection Service. ple all over the world. I believe that The commodity programs began in Commerce: the American flag is equally worthy of the Great Depression, when we did not Economic research and statistical pro- know if America could feed itself. grams. protection as the ideals for which it When we didn’t know if grocery stores Agriculture research programs. stands. Regulatory programs. This February 23 marked the 50th an- would have food on their shelves. Economic development programs. But American agriculture is much niversary of one of the most dramatic Parts of Animal and Plant Health Inspec- moments in our Nation’s history; the different today. Our stores are stocked tion Service. with inexpensive foods. And our most Interior: Forest Service, Natural resource, raising of the American flag on the Is- competitive commodities are fruits, conservation and environmental programs. land of Iwo Jima by U.S. marines dur- vegetables, meats, and poultry that Treasury: Credit and loan programs. ing World War II. That heroic image in- don’t receive any price subsidies. FEMA: Crop insurance. stantly came to symbolize the deter- It’s time to extend free market prin- EPA: Rural Utilities Service Water and mination and courage of all of the Sewer Programs. ciples to agriculture. ∑ brave Americans fighting in that great There are 75,000 farmers with in- By Mr. HATCH (for himself, Mr. struggle for the very survival of Amer- ica as a free nation. Fifty years later, comes over $250,000 per year who get an HEFLIN, Mr. DOLE, Mr. THUR- it remains one of our Nation’s most average of $26,000 in agricultural sub- MOND, Mr. GRASSLEY, Mr. SIMP- powerful images, reminding us that sidies. My small businesspeople in New SON, Mr. KYL, Mr. EXON, Mr. throughout our history, through the Jersey making a lot less don’t get sub- CRAIG, Mr. FORD, Mr. LOTT, Mr. generations, from the Battle of Bunker sidies. And, the Republicans want to ASHCROFT, Mr. BAUCUS, Mr. reduce the school lunch program, nu- BOND, Mr. BREAUX, Mr. CAMP- Hill to Operation Desert Storm, on trition programs, take away summer BELL, Mr. COATS, Mr. COCHRAN, every continent and ocean, in every jobs from kids, cut assistance to sen- Mr. COHEN, Mr. COVERDELL, Mr. corner of the world, Americans have iors and others for heating bills, and D’AMATO, Mr. FAIRCLOTH, Mrs. fought, and in many cases given their cut housing aid to AIDS patients, FEINSTEIN, Mr. GRAMM, Mr. lives, fighting under this flag and for among others. GRAMS, Mr. GREGG, Mr. HELMS, the Nation and the ideals it represents. I say we should start with USDA. No Mr. HOLLINGS, Mrs. HUTCHISON, By protecting that flag against acts of more aid for dependent agribusinesses. Mr. INHOFE, Mrs. KASSEBAUM, physical desecration, we honor their I support entitlement programs for Mr. KEMPTHORNE, Mr. LUGAR, memory and their sacrifice. kids and other groups in need. I think Mr. MACK, Mr. MCCAIN, Mr. I am proud to rise today to introduce we should have a social safety net. But, MURKOWSKI, Mr. PRESSLER, Mr. a constitutional amendment that agribusiness is not on my list of de- ROCKEFELLER, Mr. ROTH, Mr. would restore to Congress and to the 50 serving beneficiaries. SANTORUM, Mr. SHELBY, Mr. States the right to protect our unique This bill sets priorities for deficit re- SMITH, Ms. SNOWE, Mr. STE- national symbol, the American flag, duction. We should start by cutting ob- VENS, Mr. THOMAS, Mr. THOMP- from acts of physical desecration. solete programs and programs that SON, and Mr. WARNER): Restoring legal protection to the benefit those who don’t need Govern- S.J. Res. 31. A joint resolution pro- American flag is not a partisan issue. ment assistance. posing an amendment to the Constitu- Forty-three Senators, both Repub- Mr. President, I ask unanimous con- tion of the United States to grant Con- licans and Democrats, have joined with sent that an accompanying factsheet gress and the States the power to pro- Senator HEFLIN and myself as original be inserted in the RECORD. hibit the physical desecration of the cosponsors of this amendment. There being no objection, the mate- flag of the United States; to the Com- Restoring legal protection to the rial was ordered to be printed in the mittee on the Judiciary. American flag would not overturn the RECORD, as follows: FLAG DESECRATION CONSTITUTIONAL first amendment. Rather, it would THE AGRICULTURE MODERNIZATION ACT OF AMENDMENT overturn an interpretation of that 1995 Mr. HATCH. Mr. President, through- amendment by the Supreme Court, in This bill will eliminate the USDA in 1996. out our history, the American people which the Court, by the narrowest of This will be accomplished by eliminating have revered the flag of the United margins, five to four, held that flag some programs, phasing out the commodity States as the symbol of our Nation. burning was a form of protected free programs over five years and by transferring some agencies and functions to other depart- The American flag represents in a way speech. Distinguished jurists regarded ments. nothing else can, the common bond as great champions of the first amend- PROGRAMS TO BE ELIMINATED shared by a very diverse people. Yet ment agreed that physical desecration Market Promotion Program. whatever our differences of party, poli- of the American flag does not fall with- Export Enhancement Program. tics, philosophy, race, religion, ethnic in the ambit of the first amendment. In Rural Telephone Program. background, economic status, social the case of Street versus New York, Rural Electricity Program. status, or geographic region, we are then Chief Justice Earl Warren wrote: S 4276 CONGRESSIONAL RECORD — SENATE March 21, 1995 ‘‘I believe that the States and the Fed- liance, working to build support across belief that the flag should be protected eral Government have the power to this Nation for a constitutional amend- from such desecration. However, I be- protect the flag from acts of physical ment to restore the historical protec- lieve that the flag also has a tangible desecration and disgrace.’’ Justice Abe tion of our flag. Forty-six States have value. I feel that the court could have Fortas wrote: ‘‘The States and the Fed- passed resolutions urging Congress to expressed an opinion that would have eral Government have the power to send a flag protection amendment to allowed protection to both values, for protect the flag from acts of desecra- the States for ratification. in that case, the flag was stolen. tion committed in public.’’ Justice Let this be clear: the Citizens Flag The flag holds a mighty grip over Hugo Black, generally regarded as a Alliance came to me, Senator HEFLIN, many people in this country. Its mysti- first amendment absolutist, stated: ‘‘It and other Members of Congress, before cal appeal is as unique to every person passes my belief that anything in the last November. We did not come to as a fingerprint. Thousands of Ameri- Federal Constitution bars a State from them. This effort is not generated from cans have followed the flag into battle making the deliberate burning of the Capitol Hill. The Citizens Flag Alliance and thousands of these Americans have American flag an offense.’’ I believe presented us with a report on their ef- left these battles in coffins draped the Court majority in the Texas versus fort. They asked us for our support for proudly by the American flag. Nothing Johnson case had it wrong; burning the their cause. We were pleased to agree. quite approaches the power of the flag flag is conduct and may be prohibited. It is now up to Congress to heed the as it drapes those who died for it, or This amendment would correct that voice of the American people and pass the power of the flag as it is handed to error and restore to Congress and the this amendment. the widow of that fallen soldier. The State the power they historically had Mr. President, I ask unanimous con- meaning behind these flags goes far be- to protect the American flag from acts sent that the text of the joint resolu- yond the cloth used to make the flag or of physical desecration. tion be printed in the RECORD. the dyes used to color Old Glory red, Restoring legal protection to the There being no objection, the joint white, and blue. The flag reaches to the American flag would not place us on a resolution was ordered to be printed in very heart of what it means to be an slippery slope precisely because the the RECORD, as follows: American. It would be a tragedy for us flag is so unique as our national sym- S.J. RES. 31 to allow the power of the flag to be un- bol. There is no other symbol, no other Resolved by the Senate and House of Rep- dermined through the legal desecration object, which represents our Nation as resentatives of the United States of America in does the flag. Accordingly, there is ab- of the flag. Allowing the legal burning Congress assembled (two-thirds of each House of that flag creates a mockery of the solutely no basis for concern that the concurring therein), That the following article protection we seek for the American is proposed as an amendment to the Con- great respect so many patriotic Ameri- flag could be extended to cover any stitution of the United States, which shall be cans have for the flag. other object of form of political expres- valid to all intents and purposes as part of the Constitution when ratified by the legis- JUDICIALLY WRONG sion. latures of three-fourths of the several States As I have stated before, I feel on Restoring legal protection to the within seven years from the date of its sub- many different levels that the Supreme American flag would not infringe on mission by the Congress: Court’s decision was wrong. I feel it free speech. Freedom of speech is not ‘‘ARTICLE — was wrong for me personally, it was and has never been absolute. We have ‘‘The Congress and the States shall have wrong for patriotism, it was wrong for laws against libel, against slander, and power to prohibit the physical desecration of this country, but perhaps most impor- against obscenity. As a society, we can the flag of the United States.’’. tantly, this decision was judicially and do place limitations on both speech Mr. HEFLIN. Mr. President, I rise wrong. and conduct. The classic example is, of today in support of a constitutional I want to emphasize that although I course, the prohibition against shout- amendment to prevent the desecration am a strong believer in first amend- ing fire in a crowded theater. You can’t of the American flag. As an original co- ment rights, I recognize that first hold a demonstration in a courtroom. sponsor along with Senator HATCH and amendment rights are not absolute and You can’t make speeches using a bull- 42 of our colleagues, I urge our col- unlimited. There have been numerous horn at 2 a.m. in a residential neigh- leagues to join in protecting the sanc- decisions of the Supreme Court that borhood. You can’t destroy Govern- tity of this symbol of our great Nation. limit freedom of expression. ment property or buildings as a means As I have said before on the Senate Some of history’s great protectors of of protest. Right here in the U.S. Sen- floor, I feel that the Supreme Court’s the freedom of speech have agreed that ate, we prohibit speeches or demonstra- decision in Texas versus Johnson, in- the first amendment is not absolute. tions of any kind, even the silent dis- correctly places flag burning under the Many of these protectors have agreed play of signs or banners, in the public protection of the first amendment. In that the flag is a symbol of such pro- galleries. I believe flag burning is in my judgement, it is our responsibility found importance that protecting it is the same category as obscenity—con- to change that decision and return the permissible. Later in this speech I will duct which is beyond the pale of ac- flag to the position of respect it de- be quoting from some of the protectors ceptability even in a free society. serves. of both the flag and the first amend- For many years, our flag was pro- Few people would disagree with the ment such as Supreme Court Chief Jus- tected, by Federal law and laws in 48 argument that the American flag tice Earl Warren, Justice Hugo Black, States, from acts of physical desecra- stands as one of the most powerful and Justice John Paul Stevens, and Justice tion. No one can seriously argue that meaningful symbols of freedom ever Oliver Wendell Holmes. freedom of speech or freedom of expres- created. In the dissent in Texas versus In a landmark case reflecting the Su- sion was diminished or curtailed during Johnson, Chief Justice Rehnquist preme Courts long held belief that the that period. Restoring the protection states in his opening paragraph: freedom of expression is not absolute, of law to our flag would not prevent For more than 200 years, the American flag the court in Shenk v. United States, 249 the expression, in numerous ways safe- has occupied a unique position as the symbol U.S. 47 (1919) stated that: guarded under the Constitution, of a of our Nation, a uniqueness that justifies a single idea or thought. It merely pre- governmental prohibition against flag burn- The most stringent protection of free ing in the way * * * Johnson did here. speech would not protect a man in falsely vents conduct with respect to one shouting fire in a theater and causing a unique, symbolic object, our Nation’s Justice Stevens calls the flag a na- panic. tional asset much like the Lincoln Me- flag. Justice Oliver Wendell Holmes stated morial. He states that: The effort to restore legal protection that: to our national symbol is a movement Though the asset at stake in this case is The question in every case is whether the of the American people. It has been ini- intangible, given its unique value, the same words [actions] used are used in such clear interest supports a prohibition on the dese- tiated by grassroots Americans; 91 circumstances and are of such a nature as to cration of the American flag. civic, veterans, and patriotic organiza- create a clear and present danger that they tions, led by the American Legion, I must agree with Chief Justice will bring about the substantive evils that joined together in the Citizens Flag Al- Rehnquist and Justice Stevens in their the Congress has a right to prevent. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4277 Clearly the indignation caused by the ing the deliberate burning of the American Mrs. FEINSTEIN. Mr. President, I Johnson decision and the fisticuffs flag an offense. compliment my colleague on the Judi- which have broken out in flag burning I do not think that anyone can ques- ciary Committee and the Senator from attempts show that flag burning should tion that Hugo Black and Earl Warren Alabama for his very thoughtful state- not be protected by the first amend- were champions of the first amend- ment and constitutional amendment. I ment. What if the flag burning had oc- ment, but they recognized that the flag would very much appreciate being list- curred in wartime? Certainly, a clear was something different, something ed as a cosponsor of that amendment. and present danger would be present. special. The Supreme Court substan- I thank the Senator for his words be- Justice Stevens wrote in Los Angeles tiated this view in Smith v. Coguen, 415 cause I think they were cogent. I also City Council v. Taxpayers for Vincent 466 U.S. 566 (1974), when the majority of believe they reflect the views of the U.S. 789 (1984) that: the Court noted that: American people. The first amendment does not guarantee [C]ertainly nothing prevents a legislature Mr. HEFLIN. I thank the Senator. the right to imply every conceivable method from defining the substantial specificity of communication at all times and in all Mr. MACK. Mr. President, this past what constitutes forbidden treatment of the election demonstrated the desire of places. United States flags. American citizens everywhere for Arguments have been made that lim- Finally I would like to quote from itations on the freedom of expression change. People are frustrated with the Justice Stevens in Texas v. Johnson, direction in which this country has refer only to bodily harm, however, the when he says about the flag: Supreme Court has recognized the need been heading and the skewing of prior- for individuals to protect their honor, It is a symbol of freedom, of equal oppor- ities and values. One example of how tunity, of religious tolerance, and of good integrity, and reputation when injured standards and basic values are slipping will for other people who share our aspira- was the 1989 Supreme Court ruling by libel or slander. See: New York Times tions. The symbol carries its message to dis- v. Sullivan, 376 U.S. 254 (1964) (providing sidents both home and abroad who may have which permitted the desecration of our standards regarding the libel of public no interest at all in our national unity and Nation’s flag. figures); Time v. Hill, 385 U.S. 374 (1967) survival. The American flag has always been a (providing standards regarding libel of I am a strong believer that the rights symbol of freedom and democracy private individuals). under the first amendment should be throughout the world. It has guided These holdings protect an individ- fully protected and do not feel that an thousands upon thousands of American ual’s honor from defamation. I see no amendment changing these rights service men and women as they have reason why the honor of our flag should should be adopted except in very rare fought and died in defense of our basic not be protected. instances. The Founding Fathers, in freedoms. Arguments have also been made that drafting article V of the Constitution, The Court’s decision struck at the limitations on free speech involve only intended that if it would be extremely heart of everything we hold dear in civil suits. However, the Court has con- difficult to amend the Constitution, re- America. The flag is our most cher- tinually upheld criminal statutes in- quiring a two-thirds vote of both ished symbol of liberty and is recog- volving obscene language and pornog- Houses of Congress and a difficult rati- nized throughout the world as an em- raphy. There is: New York v. Ferber, 458 fication process requiring the vote of blem of hope for those struggling for U.S. 747 (1982) (upholding a New York three-fourths of the States. The his- freedom. We should not condone its statute regarding child pornography); tory of this country shows that only 27 willful destruction. Miller v. California, 413 U.S. 15 (1973) amendments to the Constitution have Mr. President, I support the proposal (this case provides much of the current for a constitutional amendment to pro- legal framework for the regulation of been adopted and only 17 after the Bill tect the sanctity of the American flag. obscenity). of Rights—containing the first 10 With this amendment, the first amend- The U.S. Supreme Court has even amendments—were ratified. upheld criminal statutes involving Some may ask why have a constitu- ment can be upheld while we clearly draft card burning. In United States v. tional amendment; why not try legisla- declare our reverence for and dedica- O’Brian, 391 U.S. 367 (1968), the Court tion? To those I would say the Senate tion to our most cherished symbol of upheld the Federal statute which pro- has passed statutes concerning flag freedom—the American flag. hibited the destruction or mutilation desecration. As a body we have tried to Mr. CRAIG. Mr. President, I am of a draft card. In reaching this deci- oppose the protection of flag desecra- pleased to join my distinguished col- sion the Court expressly stated: tion, but statutory law has not worked. leagues in proposing a constitutional [W]e cannot accept the view that an appar- We have a number of groups that have amendment to protect the flag of the ently limitless variety of conduct can be la- joined together to form the Citizen’s United States. beled ‘‘speech’’ whenever the person engag- Flag Alliance. There are about 90 orga- We Americans are not one race, nor ing in the conduct intends thereby to express nizations in this wide-ranging coali- are we one creed. We are an amalgam an idea. tion. In addition, 46 States’ legislatures of the world’s people come together to Certainly the people of America have have passed memorializing resolutions form a nation. And to symbolize that a right to expect that the honor, integ- calling for the flag to be protected by union, we have chosen a fabric that rity, and reputation of this Nation’s the Congress. weaves together our many races, cus- flag should be protected. If draft card In my judgment, we should heed this toms, and beliefs: the American flag. burning can be prohibited, surely burn- call and act decisively to ensure that No other emblem, token, or artifact ing the American flag can also be pro- the American flag remains protected of our Nation has been defended to the hibited. Does a draft card have more and continues to hold the high place we death by legions of patriots. No other honor than the American flag? Cer- have afforded it in both our hearts and has drawn multitudes from abroad with tainly not. history. The flag is indeed an impor- the promise of freedom. No other has In an earlier decision involving the tant national asset which we must al- inspired generations with the belief desecration of the flag, Chief Justice ways support as we would support the that life, liberty, and the pursuit of Earl Warren wrote in dissent in Street country herself. In closing, I want to happiness are the birthright of every v. New York, 394 U.S. 577 (1969): share with you the eloquent words of human being. I believe that the States and the Federal Henry Ward Beecher’s work, ‘‘The Old Glory holds a unique place in the Government do have the power to protect American Flag,’’ which expresses this hearts of Americans, and that is why the flag from acts of desecration and dis- sentiment: grace * * * however, it is difficult for me to they have requested—indeed, de- imagine that, had the Court faced this issue, A thoughtful mind, when it sees a nation- manded—unique protection for it. it would have concluded otherwise. al’s flag, sees not the flag only, but the Na- Several years ago, Congress at- tion itself; and whatever may be its symbols, In this same case, Justice Hugo its insignia, he reads chiefly in the flag the tempted to fashion legislation for this Black dissented stating: government, the principles, the truths, the purpose, but it just did not work. It passes my belief that anything in the history which belongs to the Nation that Some people probably thought that Federal Constitution bars a State from mak- sets it forth. was the end of the story. They were S 4278 CONGRESSIONAL RECORD — SENATE March 21, 1995 wrong. The American people did not which they stand prepared to defend, protected by the first amendment. In give up; they continued to debate and even while on foreign ground. It also response, Congress overwhelmingly discuss this matter. And they suc- stands for their home, the Nation passed the Flag Protection Act of 1989. ceeded in passing memorials in 43 which proudly awaits their return However, the following year, in United States urging Congress to take action when their duties are done. For those States versus Eichmann (1990), the to protect the flag from physical dese- who have finished their service to their Court struck down this statute as an cration. Some of my colleagues may country, the flag is a constant re- impermissible infringement on the recall last year, on Flag Day, I placed minder that the ideals for which they first amendment. those memorials in the CONGRESSIONAL fought still live, and that their sac- I disagree with the Supreme Court’s RECORD for all to see. rifices were not in vain. rulings. I believe it is entirely appro- Mr. President, the legislatures sub- In 1867, Senator Charles Sumner ex- priate for Congress to enact legislation mitting those memorials represent pressed his sentiments about the flag. to protect from desecration the pri- nearly 229 million people—more than 90 His words, I think, are most appro- mary symbol of our great Nation. How- percent of our country’s population. priate to be repeated at this time. He ever, unless the Johnson and Eichmann They did not pass these memorials eas- said: decisions are overturned by a subse- ily or swiftly. In legislature after legis- There is the national flag. He must be cold, quent Court, it is clear that only a con- lature, the record shows these memori- indeed, who can look upon its folds rippling stitutional amendment will ensure the als were given serious and thorough in the breeze without pride of country. If in validity of any State or Federal stat- consideration. a foreign land, the flag is companionship, Now it is time for the U.S. Congress and country itself with all its endearments ute banning flag desecration. to match that resolve. Today, in re- . . . White is for purity; red for valor; blue, Opponents of our effort to protect the for justice. And altogether, bunting, stripes, flag argue that free speech is among sponse to the demand of the American stars, and colors, blazing in the sky, make people, we are offering this amend- the most sacred rights enjoyed by the flag of our country, to be cherished by Americans. They believe that this ment. Mr. President, I urge all my col- all our hearts, to be upheld by all our hands. amendment limits their right to free- leagues to join us in supporting this Mr. President, how can we continue necessary and appropriate measure to dom of speech. I certainly agree with to uphold the flag to the honor it de- the need to vigilantly guard the first safeguard the flag of our Nation. serves if we allow it, the symbol for all Mr. KEMPTHORNE. Mr. President, I amendment. No other society on this for which this Nation stands, to be planet is more tolerant of different rise today in strong support of efforts willfully desecrated and defiled? The viewpoints and opinions than America. to protect the flag of the United courts have said we can not protect the But flag desecration is more than just States. I am pleased to join my col- flag by statute; our only remedy is to speech. It is among those acts of public leagues in introducing a resolution pro- amend the Constitution. So, I stand behavior so offensive and harmful that posing a constitutional amendment to here today to express my wholehearted they fall outside of the protections of prohibit the desecration of the flag. support for the resolution which will be the first amendment. Mr. President, the support for this introduced today to propose just such For example, one of the famous lim- amendment is, quite simply, over- an amendment. I hope my colleagues its of free speech is that one cannot whelming; 46 State legislatures have will join me in acting to protect our already passed memorializing resolu- flag and all that it represents of our shout ‘‘fire!’’ in a crowded move thea- tions requesting the Congress to pass past, our present, and our future. ter. Malicious and defamatory speech, an amendment to protect the flag. I am Mr. PRESSLER. Mr. President, I rise such as slander and libel, also are not pleased to note my home State, Idaho, to announce my cosponsorship of a protected by the first amendment. Ob- passed just such a resolution 2 years joint resolution to amend the U.S. Con- scenity does not enjoy the protection ago. In asking the Congress to present stitution to allow Congress and the of the first amendment. We do not per- an antiflag desecration amendment to States to prohibit the desecration of mit people to freely deface a synagogue the States for ratification, the Idaho the American flag. or church buildings in the name of free Legislature stated, Having served two tours in the Viet- speech. Likewise, physical desecration . . . the American Flag to this day is a nam war as a second lieutenant in the of the flag through burning, trampling, most honorable and worthy banner of a na- or any other method is not free speech tion which is thankful for its strengths and Army, our flag has a deep personal meaning for me. I experience a feeling protected by our Constitution. It is of- committed to curing its faults, and a nation fensive conduct that does not deserve which remains the destination of millions of of pride when I see the Stars and immigrants attracted by the universal power Stripes flying in front of a military protection by the first amendment. of the American ideal . . . . base, on top of the U.S. Capitol Build- I am therefore proud to join with my Should not the symbol of this ideal ing here in Washington, or in a small colleagues in supporting a constitu- be protected? Since 1777, when the Sec- town parade in South Dakota. I feel tional amendment to protect the ond Continental Congress passed a res- sick to my stomach when I think of its American flag. Since the Johnson rul- olution describing what the flag of the desecration by my fellow Americans. ing, 43 States have passed resolutions fledgling Nation should be, the Stars The American flag is a dramatic liv- calling on Congress to pass a flag dese- and Stripes has stood for all that we ing symbol of the principles for which cration amendment for consideration hold dear. While great leaders of this this great country stands—liberty, due by the States. Mr. President, I urge my Nation have come and gone, the flag process, justice for all. Our flag is an colleagues to carry out the clear will of has been an American constant. emblem of the ideals which set our Na- the American people by supporting this Through the Civil War, two World tion apart from all others. resolution. Wars, the Depression, and times of do- When someone willfully desecrates Mr. D’AMATO. Mr. President, gen- mestic crisis, Old Glory has flown the flag, he or she is committing a ma- erations of immigrants have sur- proudly, serving as a symbol to all the licious act of violence that incites mounted incredible obstacles to reach world that freedom, justice, and liberty those Americans who have dedicated our shores and experience true Amer- remain alive in the United States. their lives to uphold the values we ican freedom. Our Nation’s flag has As a member of the Senate Armed cherish. It tramples the honor of mil- welcomed these weary travelers for Services Committee, I have had the op- lions of soldiers—men and women—who hundreds of years. For these people, portunity to meet the men and women served, fought, and died to preserve the the U.S. flag is more than just a simple of our Armed Forces around the world. values which the flag represents. It patchwork of cloth, it is the patchwork These individuals put their lives on the strikes at the honor of the untold num- of our values, our beliefs, and our free- line regularly, so that we may live in ber of civilians who have worked in in- doms. It is our history. peace and safety. And while they are dustries behind the lines to support our During this history, many brave serving us, the American public, they military forces. Americans sacrificed their lives for the do so under the Stars and Stripes. For Mr. President, in Johnson versus flag. At Malmedy, Khe Sanh, Inchon, those who are stationed overseas, the Texas (1989), the Supreme Court ruled Iwo Jima, Kuwait City, and in numer- flag represents the rights and freedoms that desecrating the flag is free speech ous other places, Americans fought and March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4279 died for democracy, freedom, and jus- overwhelmingly unpopular with a ma- was free speech protected under the tice. Indeed, our flag represents these jority of American citizens. first amendment. virtues. It would be an insult to their The constitutional amendment being In response to that decision, the Sen- memory if we allowed the continued introduced today has been carefully ate overwhelmingly passed the Flag desecretion of our flag. This practice drafted to simply allow the Congress Protection Act, which was also de- must end, and end now. and individual State legislatures to clared unconstitutional. The Supreme Ms. SNOWE. Mr. President, I am enact laws prohibiting the physical Court’s action made it clear that a con- proud to join Senators HATCH, HEFLIN, desecration of the flag, if they so stitutional amendment is necessary for and others in cosponsoring the pro- choose. It certainly does not stipulate enactment of any binding protection of posed constitutional amendment to or require that such laws be enacted. the flag. grant to States and Congress the power When considering the issue, it is help- Up to this point, neither House of to prohibit the physical desecration of ful to remember that prior to the Su- Congress has been able to garner the the flag of the United States. Our flag preme Court’s 1989 Texas versus John- two-thirds supermajority necessary for occupies a truly unique place in the son ruling, 48 States, including my own passage of a constitutional amend- hearts of millions of citizens as a cher- State of Maine, and the Federal Gov- ment. But because grassroots support ished symbol of freedom and democ- ernment had anti-flag-burning laws on for this amendment continues to grow, racy. As a national emblem of the their books for years. I have joined with Members on both world’s greatest democracy, the Amer- Whether our flag is flying over a ball sides of the aisle to again try passing ican flag should be treated with respect park, a military base, a school, or on a this amendment. I am hopeful that this and care. Our free speech rights do not flag pole on Main Street, our national time we’ll get the necessary votes. entitle us to simply consider the flag standard has always represented the Clearly no legitimate act of political as personal property, which can be ideals and values that are the founda- protest should be suppressed. Nor treated any way we see fit including tion this great nation was built on. should we ever discourage debate and physically desecrating it as a legiti- And our flag has come not only to rep- discussion about the Federal Govern- mate form of political protest. resent the glories of our Nation’s past, ment. The narrowly written amend- The flag is not just simply a visual but it has also come to stand as a sym- ment gives Congress and the States the symbol to us—it is a symbol whose pat- bol for hope for our Nation’s future. ‘‘power to prohibit the physical dese- tern and colors tell a story that rings cration of the flag of the United Mr. President, I urge my colleagues to true for each and every American. The States,’’ without jeopardizing those support this important amendment. 50 stars and 13 stripes on the flag are a rights of free speech. Mr. FORD. Mr. President, there are reminder that our Nation is built on Fifty years ago, the American flag many reasons for protecting the unique the unity and harmony of 50 States. flying over Iwo Jima literally meant symbol of the American flag, from the And the colors of our flag were not cho- life for the flyers of crippled B–29’s who basic liberties it represents to the sen randomly: red was selected because would have died at sea if they had not promise of a better future. But some of it represents courage, bravery, and the had the island to land on. the greatest reasons for protecting the willingness of the American people to Today, the flag that hangs in school- flag occurred thousands of miles away give their life for their country and its rooms, over courthouses, in sports sta- from our own shores. principles of freedom and democracy; diums, and off front porches all across white was selected because it rep- For example, 50 years ago, just days America, has a bit of the battle of Iwo resents integrity and purity; and blue after American troops had claimed vic- Jima woven into its fabric. because it represents vigilance, perse- tory at Iwo Jima, six soldiers helped Mr. President, I would say that’s verance, and justice. Thus, this flag raise the American flag on the highest something worth protecting. has become a source of inspiration to point of the island. You can see a sol- Mr. THURMOND. Mr. President, I every American wherever it is dis- dier on the far left with both arms rise today as an original cosponsor of a played. reaching skyward. It’s unclear whether proposed constitutional amendment For these reasons and many others, a he’s just released the flag pole, or if authorizing the Congress and the great majority of Americans believe— he’s trying to touch the flag he fought States to prohibit the physical desecra- as I strongly do—that the American so hard for, one last time. tion of the American flag. flag should be treated with dignity, re- And perhaps it was the last time he In June of 1989, the Supreme Court spect, and care—and nothing less. touched the American flag, for 26 days issued a ruling in Texas versus Johnson Unfortunately, not everyone shares later, he died on the island he had which allows the contemptuous burn- this view. In June 1990, the Supreme helped claim. ing of the American flag. Immediately Court ruled that the Flag Protection The soldier was Pvt. Franklin after that ruling, I drafted and intro- Act of 1989, legislation adopted by the Sousley of Kentucky, and his image in duced a proposed constitutional Congress in 1989 generally prohibiting this famous photograph not only has amendment to overturn that unfortu- physical defilement or desecration of frozen in time his historic efforts, but nate decision. the flag, was unconstitutional. This de- tied them inextricably to the symbol- After bipartisan discussions with cision, a 5-to-4 ruling in U.S. versus ism of the American flag. Members of the Senate and President Eichman, held that burning the flag as The flag that flew at Iwo Jima serves Bush, the Senate voted on a similar a political protest was constitutionally as a reminder of how war changes the proposal which I cosponsored. During protected free speech. The Flag Protec- course of a life, of a nation, of a world, this time, the Supreme Court ruled in tion Act had originally been adopted so that even individuals who were U.S. versus Eichman that a Federal by the 101st Congress after the Su- never there, recognize that those hours statute designed to protect the flag preme Court ruled in its Texas versus of destruction and suffering have al- from physical desecration was uncon- Johnson case that existing Federal and tered the future irrevocably. stitutional. The Texas decision had in- State laws prohibiting flag burning But Private Sousley’s outstretched volved a State statute designed to pro- were unconstitutional because they arms also mirror the actions of the tect the flag. violated the first amendment’s provi- millions who’ve reached out for all On June 26, 1990, the Senate voted 58– sions regarding free speech. that our flag symbolizes, from the 42 for the proposed constitutional I profoundly disagreed with both rul- basic liberties written into our Con- amendment, 9 votes short of the two- ings the Supreme Court made on this stitution to the dreams of a better fu- thirds needed for congressional ap- issue. In our modern society, there are ture for their families. proval. still many different forums in our mass That is why I believe so strongly that Opponents of this proposed amend- media, television, newspapers and radio the physical integrity of the American ment claimed it was an infringement and the like, through which citizens flag must be protected. Back in 1989, on the free speech clause of the first can freely and fully exercise their le- the U.S. Supreme Court declared un- amendment. However, the first amend- gitimate, constitutional right to free constitutional a Texas flag desecration ment has never been construed as pro- speech, even if what they have to say is statute, ruling that flag desecration tecting any and all means of expressive S 4280 CONGRESSIONAL RECORD — SENATE March 21, 1995 conduct. Just as we are not allowed to hate crime of physical desecration of ADDITIONAL COSPONSORS falsely shout ‘‘fire’’ in a crowded thea- the flag. S. 39 ter or obscenities on a street corner as Therefore, our amendment does not At the request of Mr. STEVENS, the a means of expression, I firmly believe tamper or tinker with the Constitu- name of the Senator from South Caro- that physically desecrating the Amer- tion’s Bill of Rights that protects lina [Mr. HOLLINGS] was added as a co- ican flag is highly offensive conduct speech. sponsor of S. 39, a bill to amend the and should not be allowed. But, Mr. President, for argument’s Magnuson Fishery Conservation and The opponents of our proposal to pro- sake, assume this amendment does Management Act to authorize appro- tect the American flag have misinter- tamper with the speech clause. priations, to provide for sustainable preted its application to the right of Let us ask ourselves a question. If we fisheries, and for other purposes. free speech. Former Chief Justice War- had to choose, should we amend the ren, Justices Black and Fortas are speech clause to: protect the American S. 125 known for their tenacious defense of flag from acts of desecration; or pro- At the request of Mr. MOYNIHAN, the first amendment principles. Yet, they tect our reelection to office by restrict- name of the Senator from Kansas [Mrs. all unequivocally stated that the first ing the right of voters to hear words of KASSEBAUM] was added as a cosponsor amendment did not protect the phys- opposition and opponents to speak of S. 125, a bill to authorize the mint- ical desecration of the American flag. against us—the incumbents? ing of coins to commemorate the 50th In Street versus New York, Chief Jus- I regret, Mr. President, that too anniversary of the founding of the United Nations in New York City, New tice Warren stated, ‘‘I believe that the many Senators have sided with incum- York. States and the Federal Government do bent protection instead of flag protec- have the power to protect the flag from tion. S. 216 acts of desecration and disgrace.’’ Remember, the Senate in 1990 fell 9 At the request of Mr. HATCH, the In this same case, Justice Black, who votes short of the 67 needed to pass a name of the Senator from Wyoming described himself as a first amendment flag protection amendment to the Con- [Mr. THOMAS] was added as a cosponsor ‘‘absolutist’’ stated, ‘‘It passes my be- stitution because, by and large, it was of S. 216, a bill to repeal the reduction lief that anything in the Constitution argued that there is something very in the deductible portion of expenses bars a State from making the delib- special, and untouchable about the for business meals and entertainment. erate burning of the American flag an speech clause. S. 243 offense.’’ Mr. President, you may be astonished At the request of Mr. ROTH, his name Mr. President, the American people to learn that 28 of the 42 Senators who was added as a cosponsor of S. 243, a treasure the free speech protections af- voted against amending the speech bill to provide greater access to civil forded under the first amendment and clause to protect the American flag, justice by reducing costs and delay, are very tolerant of differing opinions had either sponsored, cosponsored, or and for other purposes. and expressions. Yet, there are certain voted to facilitate the passage of a con- S. 262 acts of public behavior which are so of- stitutional amendment pegged the ‘‘in- At the request of Mr. GRASSLEY, the fensive that they fall outside the pro- cumbent protection bill.’’ name of the Senator from New Hamp- tection of the first amendment. I firm- This speech clause amendment was shire [Mr. SMITH] was added as a co- ly believe that flag burning falls in this aimed at overturning the Supreme sponsor of S. 262, a bill to amend the category and should not be protected Court’s Buckley versus Valeo decision. Internal Revenue Code of 1986 to in- as a form of speech. The American peo- The Court said the first amendment crease and make permanent the deduc- ple should be allowed to prohibit this speech clause is violated by restric- tion for health insurance costs of self- objectionable and offensive conduct. tions on money used on political com- employed individuals. It is our intention with this proposed munication during campaigns. S. 295 constitutional amendment to establish So while these Senators supported in- At the request of Mrs. KASSEBAUM, a national policy to protect the Amer- cumbent protection, they strongly op- the name of the Senator from New ican flag from contemptuous desecra- posed flag protection. Hampshire [Mr. SMITH] was added as a tion. The American people look upon Had only 9 of these 28 Senators had cosponsor of S. 295, a bill to permit the flag as our most recognizable and their priorities straight, the Senate labor management cooperative efforts revered symbol of democracy which has would have passed the flag protection that improve America’s economic com- endured throughout our history. amendment 5 years ago. petitiveness to continue to thrive, and Mr. President, I urge my colleagues And let us keep in mind, during the for other purposes. to join the sponsors and cosponsors of 200 years following 1789, over 10,000 con- S. 304 this proposed constitutional amend- stitutional amendments were intro- At the request of Mr. SANTORUM, the ment to protect our most cherished duced to the various Congresses. name of the Senator from New York symbol of democracy. In fact, in 1990, 525 out of 535 U.S. [Mr. D’AMATO] was added as a cospon- Mr. GRASSLEY. Mr. President, I am Representatives and Senators had sor of S. 304, a bill to amend the Inter- pleased to join the chairman of the sponsored or cosponsored amendments nal Revenue Code of 1986 to repeal the Senate Judiciary Committee, Senator to the Constitution for everything transportation fuels tax applicable to HATCH, and my other distinguished col- under the Sun—from ERA to D.C. commercial aviation. leagues in cosponsoring this resolution statehood. to amend the Constitution of the Unit- So, the fact is, a vast majority of S. 332 ed States to grant Congress and the Congressmen and Senators do support At the request of Mr. CONRAD, the States the power to prohibit the phys- amending the Constitution. name of the Senator from Georgia [Mr. ical desecration of the flag of the Unit- And more to the point at hand, many NUNN] was added as a cosponsor of S. ed States. of those 28 Senators—who were happy 332, a bill to provide means of limiting Let me state from the outset, as I to amend the speech clause to protect the exposure of children to violent pro- have stated before, this amendment their incumbency, but joined in killing gramming on television, and for other will merely restore the power to Con- an amendment to protect the American purposes. gress and the States to prohibit flag flag—are still serving in the 104th Con- S. 351 desecration—a power that we believe gress. At the request of Mr. HATCH, the they have always had. Mr. President, in fact, enough are name of the Senator from Massachu- Unfortunately, the Supreme Court still serving, that if they would change setts [Mr. KERRY] was added as a co- incorrectly interpreted the Constitu- their priorities and their votes, this sponsor of S. 351, a bill to amend the tion’s first amendment. The Court time our efforts to pass an amendment Internal Revenue Code of 1986 to make failed to discern the difference between to protect the American flag will suc- permanent the credit for increasing re- protected speech, and an act—a type of ceed. search activities. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4281

S. 397 shire [Mr. SMITH] and the Senator from message shall be transmitted for each Act At the request of Mr. MCCAIN, the Mississippi [Mr. COCHRAN] were added that contains budget items the President names of the Senator from Alaska [Mr. as cosponsors of S. 530, a bill to amend proposes to cancel. ‘‘(B) TIME LIMITATIONS.—A special message STEVENS], the Senator from Colorado the Fair Labor Standards Act of 1938 to may be transmitted under this section— [Mr. CAMPBELL], and the Senator from permit State and local government ‘‘(i) during the 20-calendar-day period (ex- New York [Mr. D’AMATO] were added as workers to perform volunteer services cluding Saturdays, Sundays, and legal holi- cosponsors of S. 397, a bill to benefit for their employer without requiring days) commencing on the day after the date crime victims by improving enforce- the employer to pay overtime com- of enactment of the provision proposed to be ment of sentences imposing fines and pensation, and for other purposes. rescinded or repealed; or special assessments, and for other pur- S. 571 ‘‘(ii) at the same time as the President’s poses. At the request of Mrs. BOXER, the budget for any provision enacted after the S. 412 name of the Senator from Maryland date the President submitted the preceding budget. At the request of Ms. SNOWE, the [Ms. MIKULSKI] was added as a cospon- ‘‘(2) DRAFT BILL.—The President shall in- name of the Senator from Vermont sor of S. 571, a bill to amend title 10, clude in each special message transmitted [Mr. LEAHY] was added as a cosponsor United States Code, to terminate enti- under paragraph (1) a draft bill that, if en- of S. 412, a bill to amend the Federal tlement of pay and allowances for acted, would cancel those budget items as Food, Drug, and Cosmetic Act to mod- members of the Armed Forces who are provided in this section. The draft bill shall ify the bottled drinking water stand- sentenced to confinement and a puni- clearly identify each budget item that is pro- ards provisions, and for other purposes. tive discharge or dismissal, and for posed to be canceled including, where appli- S. 434 other purposes. cable, each program, project, or activity to which the budget item relates. At the request of Mr. KOHL, the name SENATE RESOLUTION 85 ‘‘(3) CONTENTS OF SPECIAL MESSAGE.—Each of the Senator from Utah [Mr. HATCH] At the request of Mr. CHAFEE, the special message shall specify, with respect to was added as a cosponsor of S. 434, a names of the Senator from Nevada [Mr. the budget item proposed to be canceled— bill to amend the Internal Revenue REID], the Senator from New Mexico ‘‘(A) the amount that the President pro- Code of 1986 to increase the deductibil- [Mr. BINGAMAN], and the Senator from poses be canceled; ity of business meal expenses for indi- Pennsylvania [Mr. SPECTER] were ‘‘(B) any account, department, or estab- viduals who are subject to Federal lim- added as cosponsors of Senate Resolu- lishment of the Government to which such itations on hours of service. tion 85, a resolution to express the budget item is available for obligation, and the specific project or governmental func- S. 440 sense of the Senate that obstetrician- tions involved; At the request of Mr. WARNER, the gynecologists should be included in ‘‘(C) the reasons why the budget item names of the Senator from Louisiana Federal laws relating to the provision should be canceled; [Mr. JOHNSTON] and the Senator from of health care. ‘‘(D) to the maximum extent practicable, Wyoming [Mr. SIMPSON] were added as f the estimated fiscal, economic, and budg- cosponsors of S. 440, a bill to amend etary effect (including the effect on outlays AMENDMENTS SUBMITTED title 23, United States Code, to provide and receipts in each fiscal year) of the pro- for the designation of the National posed cancellation; and ‘‘(E) all facts, circumstances, and consider- Highway System, and for other pur- THE LEGISLATIVE LINE ITEM ations relating to or bearing upon the pro- poses. VETO ACT posed cancellation and the decision to effect S. 448 the proposed cancellation, and to the maxi- At the request of Mr. GRASSLEY, the mum extent practicable, the estimated effect names of the Senator from New York DASCHLE (AND OTHERS) of the proposed cancellation upon the ob- [Mr. D’AMATO] and the Senator from AMENDMENT NO. 348 jects, purposes, and programs for which the budget item is provided. Louisiana [Mr. BREAUX] were added as (Ordered to lie on the table.) ‘‘(4) DEFICIT REDUCTION.— cosponsors of S. 448, a bill to amend Mr. DASCHLE (for himself, Mr. ‘‘(A) DISCRETIONARY SPENDING LIMITS AND section 118 of the Internal Revenue EXON, and Mr. GLENN) submitted an ADJUSTMENT OF COMMITTEE ALLOCATIONS.— Code of 1986 to provide for certain ex- amendment intended to be proposed by Not later than 5 days after the date of enact- ceptions from rules for determining them to amendment No. 347 proposed ment of a bill containing the cancellation of contributions in aid of construction, by Mr. DOLE the bill (S. 4) to grant the budget items as provided under this section, and for other purposes. power to the President to reduce budg- the President shall— S. 495 ‘‘(i) with respect to a rescission of budget et authority; as follows: authority provided in an appropriations Act, At the request of Mrs. KASSEBAUM, In lieu of the language proposed to be in- reduce the discretionary spending limits the name of the Senator from Idaho serted, insert the following: under section 601 of the Congressional Budg- [Mr. CRAIG] was added as a cosponsor of SECTION 1. SHORT TITLE. et Act of 1974 for the budget year and any S. 495, a bill to amend the Higher Edu- This Act may be cited as the ‘‘Legislative outyear affected by the rescission, to reflect cation Act of 1965 to stabilize the stu- Line Item Veto Act’’. such amount; and dent loan programs, improve congres- SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN ‘‘(ii) with respect to a repeal of a targeted sional oversight, and for other pur- PROPOSED CANCELLATIONS OF tax benefit, adjust the balances for the budg- poses. BUDGET ITEMS. et year and each outyear under section 252(b) (a) IN GENERAL.—Title X of the Congres- of the Balanced Budget and Emergency Defi- S. 508 sional Budget and Impoundment Control Act cit Control Act of 1985 to reflect such At the request of Mr. MURKOWSKI, the of 1974 (2 U.S.C. 621 et seq.) is amended by amount. name of the Senator from Maine [Ms. adding after section 1012 the following new ‘‘(B) ADJUSTMENT OF COMMITTEE ALLOCA- SNOWE] was added as a cosponsor of S. section: TIONS.—Not later than 5 days after the date 508, a bill to amend the Internal Reve- ‘‘EXPEDITED CONSIDERATION OF CERTAIN of enactment of a bill containing the can- nue Code of 1986 to modify certain pro- PROPOSED CANCELLATIONS OF BUDGET ITEMS cellation of budget items as provided under visions relating to the treatment of ‘‘SEC. 1012A. (a) PROPOSED CANCELLATION this section, the chairs of the Committees on forestry activities. OF BUDGET ITEM.—The President may pro- the Budget of the Senate and the House of pose, at the time and in the manner provided Representatives shall revise levels under sec- S. 511 in subsection (b), the cancellation of any tion 311(a) and adjust the committee alloca- At the request of Mr. DOMENICI, the budget item provided in any Act. An item tions under section 602(a) to reflect such names of the Senator from Mississippi proposed for cancellation under this section amount. [Mr. COCHRAN] and the Senator from may not be proposed for cancellation again ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER- Oklahoma [Mr. INHOFE] were added as under this title. ATION.— cosponsors of S. 511, a bill to require ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— ‘‘(1) IN GENERAL.— the periodic review and automatic ter- ‘‘(1) SPECIAL MESSAGE.— ‘‘(A) INTRODUCTION.—Before the close of the mination of Federal regulations. ‘‘(A) IN GENERAL.—Subject to the time lim- second day of session of the Senate and the itations provided in subparagraph (B), the House of Representatives, respectively, after S. 530 President may transmit to Congress a spe- the date of receipt of a special message At the request of Mr. GREGG, the cial message proposing to cancel budget transmitted to Congress under subsection names of the Senator from New Hamp- items contained in an Act. A separate special (b), the majority leader or minority leader of S 4282 CONGRESSIONAL RECORD — SENATE March 21, 1995 each House shall introduce (by request) the budget item if supported by 11 other Mem- shall be considered as provided in this sec- draft bill accompanying that special mes- bers. tion except that the bill shall not be subject sage. If the bill is not introduced as provided ‘‘(C) LIMITS ON DEBATE.—Debate in the Sen- to any amendment. in the preceding sentence in either House, ate on a bill under this subsection, amend- ‘‘(d) AMENDMENTS AND DIVISIONS PROHIB- then, on the third day of session of that ments thereto, and all debatable motions ITED.—Except as otherwise provided by this House after the date of receipt of that spe- and appeals in connection therewith (includ- section, no amendment to a bill considered cial message, any Member of that House may ing debate pursuant to subparagraph (D)), under this section shall be in order in either introduce the bill. shall not exceed 10 hours. The time shall be the Senate or the House of Representatives. ‘‘(B) REFERRAL AND REPORTING.—The bill equally divided between, and controlled by, It shall not be in order to demand a division shall be referred to the appropriate commit- the majority leader and the minority leader of the question in the House of Representa- tee or (in the House of Representatives) com- or their designees. tives (or in a Committee of the Whole). No mittees. The committee shall report the bill ‘‘(D) APPEALS.—Debate in the Senate on motion to suspend the application of this without substantive revision and with or any debatable motion or appeal in connec- subsection shall be in order in the House of without recommendation. The committee tion with a bill under this subsection shall Representatives, nor shall it be in order in shall report the bill not later than the sev- be limited to not more than 1 hour, to be the House of Representatives to suspend the enth day of session of that House after the equally divided between, and controlled by, application of this subsection by unanimous date of receipt of that special message. If the the mover and the manager of the bill, ex- consent. committee fails to report the bill within that cept that in the event the manager of the ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY bill is in favor of any such motion or appeal, period, the committee shall be automati- TO CANCEL.—At the same time as the Presi- the time in opposition thereto, shall be con- cally discharged from consideration of the dent transmits to Congress a special message trolled by the minority leader or his des- bill, and the bill shall be placed on the appro- under subsection (b)(1)(B)(i) proposing to ignee. Such leaders, or either of them, may, priate calendar. cancel budget items, the President may di- from time under their control on the passage ‘‘(C) FINAL PASSAGE.—A vote on final pas- rect that any budget item or items proposed of a bill, allot additional time to any Sen- sage of the bill shall be taken in the Senate to be canceled in that special message shall ator during the consideration of any debat- not be made available for obligation or take and the House of Representatives on or be- able motion or appeal. fore the close of the 10th day of session of effect for a period not to exceed 45 calendar ‘‘(E) MOTION TO LIMIT DEBATE.—A motion in days from the date the President transmits that House after the date of the introduction the Senate to further limit debate on a bill of the bill in that House. If the bill is passed, the special message to Congress. The Presi- under this subsection is not debatable. dent may make any budget item or items the Secretary of the Senate or the Clerk of ‘‘(F) MOTION TO RECOMMIT.—A motion to re- the House of Representatives, as the case canceled pursuant to the preceding sentence commit a bill under this subsection is not in available at a time earlier than the time may be, shall cause the bill to be engrossed, order. certified, and transmitted to the other House specified by the President if the President ‘‘(G) PLACED ON CALENDAR.—Upon receipt determines that continuation of the can- within one calendar day of the day on which in the Senate of the companion bill for a bill the bill is passed. cellation would not further the purposes of that has been introduced in the Senate, that this Act. ‘‘(2) CONSIDERATION IN THE HOUSE OF REP- companion bill shall be placed on the cal- ‘‘(f) DEFINITIONS.—For purposes of this sec- RESENTATIVES.— endar. tion— ‘‘(A) MOTION TO PROCEED TO CONSIDER- ‘‘(H) CONSIDERATION OF HOUSE COMPANION ‘‘(1) The term ‘appropriation Act’ means ATION.—A motion in the House of Represent- BILL.— any general or special appropriation Act, and atives to proceed to the consideration of a ‘‘(i) IN GENERAL.—Following the vote on any Act or joint resolution making supple- bill under this subsection shall be highly the Senate bill required under paragraph mental, deficiency, or continuing appropria- privileged and not debatable. An amendment (1)(C), when the Senate proceeds to consider tions. to the motion shall not be in order, nor shall the companion bill received from the House ‘‘(2) The term ‘budget item’ means— it be in order to move to reconsider the vote of Representatives, the Senate shall— ‘‘(A) an amount, in whole or in part, of by which the motion is agreed to or dis- ‘‘(I) if the language of the companion bill agreed to. is identical to the Senate bill, as passed, pro- budget authority provided in an appropria- tion Act except to fund direct spending pro- ‘‘(B) MOTION TO STRIKE.—During consider- ceed to the immediate consideration of the ation under this subsection in the House of companion bill and, without intervening ac- grams and the administrative expenses so- Representatives, any Member of the House of tion, vote on the companion bill; or cial security; or Representatives may move to strike any pro- ‘‘(II) if the language of the companion bill ‘‘(B) a targeted tax benefit. posed cancellation of a budget item if sup- is not identical to the Senate bill, as passed, ‘‘(3) The term ‘cancellation of a budget ported by 49 other Members. proceed to the immediate consideration of item’ means— ‘‘(A) the rescission of any budget authority ‘‘(C) LIMITS ON DEBATE.—Debate in the the companion bill. provided in an appropriation Act; or House of Representatives on a bill under this ‘‘(ii) AMENDMENTS.—During consideration subsection shall not exceed 4 hours, which of the companion bill under clause (i)(II), ‘‘(B) the repeal of any targeted tax benefit. shall be divided equally between those favor- any Senator may move to strike all after the ‘‘(4) The term ‘companion bill’ means, for ing and those opposing the bill. A motion enacting clause and insert in lieu thereof the any bill introduced in either House pursuant further to limit debate shall not be debat- text of the Senate bill, as passed. Debate in to subsection (c)(1)(A), the bill introduced in able. It shall not be in order to move to re- the Senate on such companion bill, any the other House as a result of the same spe- commit a bill under this subsection or to amendment proposed under this subpara- cial message. move to reconsider the vote by which the bill graph, and all debatable motions and appeals ‘‘(5) The term ‘targeted tax benefit’ means is agreed to or disagreed to. in connection therewith, shall not exceed 10 any provision which has the practical effect of providing a benefit in the form of a dif- ‘‘(D) APPEALS.—Appeals from decisions of hours less such time as the Senate consumed the Chair relating to the application of the or yielded back during consideration of the ferent treatment to a particular taxpayer or Rules of the House of Representatives to the Senate bill. a limited class of taxpayers, whether or not such provision is limited by its terms to a procedure relating to a bill under this sec- ‘‘(4) CONFERENCE.— particular taxpayer or a class of taxpayers. tion shall be decided without debate. ‘‘(A) CONSIDERATION OF CONFERENCE RE- Such term does not include any benefit pro- ‘‘(E) APPLICATION OF HOUSE RULES.—Except PORTS.—Debate in the House of Representa- to the extent specifically provided in this tives or the Senate on the conference report vided to a class of taxpayers distinguished on section, consideration of a bill under this and any amendments in disagreement on any the basis of general demographic conditions section shall be governed by the Rules of the bill considered under this section shall be such as income, number of dependents, or House of Representatives. It shall not be in limited to not more than 2 hours, which marital status.’’. order in the House of Representatives to con- shall be divided equally between the major- (b) EXERCISE OF RULEMAKING POWERS.— sider any bill introduced pursuant to the ity leader and the minority leader. A motion Section 904 of the Congressional Budget Act provisions of this section under a suspension further to limit debate is not debatable. A of 1974 (2 U.S.C. 621 note) is amended— of the rules or under a special rule. motion to recommit the conference report is (1) in subsection (a), by striking ‘‘and 1017’’ and inserting ‘‘1012A, and 1017’’; and ‘‘(3) CONSIDERATION IN THE SENATE.— not in order, and it is not in order to move (2) in subsection (d), by striking ‘‘section ‘‘(A) MOTION TO PROCEED TO CONSIDER- to reconsider the vote by which the con- 1017’’ and inserting ‘‘sections 1012A and ATION.—A motion to proceed to the consider- ference report is agreed to or disagreed to. 1017’’. ation of a bill under this subsection in the ‘‘(B) FAILURE OF CONFERENCE TO ACT.—If Senate shall be nondebatable. It shall not be the committee on conference on a bill con- (c) CLERICAL AMENDMENTS.—The table of in order to move to reconsider the vote by sidered under this section fails to submit a sections for subpart B of title X of the Con- which the motion to proceed is agreed to or conference report within 10 calendar days gressional Budget and Impoundment Control disagreed to. after the conferees have been appointed by Act of 1974 is amended by inserting after the item relating to section 1012 the following: ‘‘(B) MOTION TO STRIKE.—During consider- each House, any Member of either House ation of a bill under this subsection in the may introduce a bill containing only the ‘‘Sec. 1012A. Expedited consideration of cer- Senate, any Member of the Senate may move text of the draft bill of the President on the tain proposed cancellations of to strike any proposed cancellation of a next day of session thereafter and the bill budget items.’’. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4283

(d) EFFECTIVE PERIOD.—The amendments (d) SUSPENSION IN THE EVENT OF WAR OR Control Act of 1985 is amended by adding at made by this Act shall— CONGRESSIONALLY-DECLARED LOW GROWTH.— the end of the following: (1) take effect on the date of enactment of Section 258(b)(2) of the Balanced Budget ‘‘(f) USE OF REDUCTIONS IN DISCRETIONARY this Act; and Emergency Deficit Control Act of 1985 SPENDING CAPS.—A decrease in the discre- (2) apply only to budget items provided in is amended by inserting ‘‘301(j),’’ after tionary spending limits may only be used for Acts enacted on or after the date of enact- ‘‘sections’’. deficit reduction and may not be used to off- ment of this Act; and set all or part of an increase in direct spend- (3) cease to be effective on September 30, BYRD AMENDMENTS NOS. 350–354 ing or decrease in receipts under this sec- 1998. tion.’’. (Ordered to lie on the table.) Mr. BYRD submitted five amend- DASCHLE (AND OTHERS) AMENDMENT NO. 352 AMENDMENT NO. 349 ments intended to be proposed by him to the bill, S.4, supra, as follows: At the appropriate place insert the follow- (Ordered to lie on the table.) ing: Mr. DASCHLE (for himself, Mr. AMENDMENT NO. 350 SEC. . USE OF THE REDUCTIONS IN EXON, Mr. FORD, Mr. CONRAD, Mr. DOR- At the appropriate place insert the follow- DISCRETIONARY SPENDING CAPS. ing: GAN, Mr. KOHL, Mrs. FEINSTEIN, Mr. (a) CONGRESSIONAL BUDGET ACT.— SEC. . USE OF THE REDUCTIONS IN DISCRE- (1) BUDGET RESOLUTIONS AND LEGISLA- BUMPERS, Mr. ROBB, Mr. KERRY, Mr. TIONARY SPENDING CAPS. TION.—Section 301 of the Congressional Budg- FEINGOLD, Mr. HARKIN, Mr. REID, Mr. (a) CONGRESSIONAL BUDGET ACT.— et Act of 1974 is amended by adding at the HOLLINGS, Mrs. BOXER, and Mr. LEVIN) (1) BUDGET RESOLUTIONS AND LEGISLA- end the following: submitted an amendment intended to TION.—Section 301 of the Congressional Budg- ‘‘(j) USE OF REDUCTIONS IN DISCRETIONARY be proposed by them to amendment No. et Act of 1974 is amended by adding at the SPENDING CAPS.—It shall not be in order in 347 proposed by Mr. DOLE to the bill S. end the following: the Senate or House of Representatives to 4, supra; as follows: ‘‘(j) USE OF REDUCTIONS IN DISCRETIONARY consider any concurrent resolution on the At the appropriate place, insert the follow- SPENDING CAPS.—It shall not be in order in budget, bill, joint resolution, amendment, ing: the Senate or House of Representatives to motion, or conference report that decreases consider any concurrent resolution on the SECTION 1. SHORT TITLE. the discretionary spending limits unless the budget, bill, joint resolution, amendment, concurrent resolution on the budget, bill, This Act may be cited as the ‘‘Balanced motion, or conference report that decreases joint resolution, amendment, motion, or con- Budget Act of 1995’’. the discretionary spending limits unless the ference report provides that such decrease SEC. 2. ENFORCEMENT OF A BALANCED BUDGET concurrent resolution on the budget, bill, may only be used for deficit reduction and (a) PURPOSE.—The Congress declares it es- joint resolution, amendment, motion, or con- may not be used to offset all or part of an in- sential that the Congress— ference report provides that such decrease crease in direct spending or decrease in re- (1) require that the Government balance may only be used for deficit reduction and ceipts under section 252 of the Balanced the Federal budget without counting the sur- may not be used to offset all or part of an in- Budget and Emergency Deficit Control Act pluses of the Social Security trust funds; crease in direct spending or decrease in re- of 1974.’’. (2) set forth with specificity in the first ceipts under section 252 of the Balanced (2) SIXTY VOTE POINT OF ORDER.—Sub- session of the 104th Congress the policies Budget and Emergency Deficit Control Act sections (c) and (d) of section 904 of the Con- that achieving such a balanced budget would of 1974.’’. gressional Budget Act of 1974 are amended by require; and (2) SIXTY VOTE POINT OF ORDER.—Sub- inserting ‘‘301(j),’’ after ‘‘301(i),’’. (3) enforce through the congressional budg- sections (c) and (d) of section 904 of the Con- (b) GRAMM-RUDMAN.—Section 252 of the et process the requirement to achieve a bal- gressional Budget Act of 1974 are amended by Balanced Budget and Emergency Deficit anced Federal budget. inserting ‘‘301(j),’’ after ‘‘301(i),’’. Control Act of 1985 is amended by adding at (b) POINT OF ORDER AGAINST BUDGET RESO- (b) GRAMM-RUDMAN.—Section 252 of the the end the following: LUTIONS THAT FAIL TO SET FORTH A GLIDE Balanced Budget and Emergency Deficit ‘‘(f) USE OF REDUCTIONS IN DISCRETIONARY PATH TO A BALANCED BUDGET.—Section 301 of the Congressional Budget Act of 1974 is Control Act of 1985 is amended by adding at SPENDING CAPS.—A decrease in the discre- amended by inserting at the end thereof the the end the following: tionary spending limits may only be used for following new subsection: ‘‘(f) USE OF REDUCTIONS IN DISCRETIONARY deficit reduction and may not be used to off- SPENDING CAPS.—A decrease in the discre- ‘‘(j) CONGRESSIONAL ENFORCEMENT OF A set all or part of an increase in direct spend- tionary spending limits may only be used for BALANCED BUDGET.— ing or decrease in receipts under this sec- ‘‘(1) POINT OR ORDER.—It shall not be in deficit reduction and may not be used to off- tion.’’. order to consider any concurrent resolution set all or part of an increase in direct spend- ing or decrease in receipts under this sec- on the budget (or amendment, motion, or AMENDMENT NO. 353 conference report thereon) unless that reso- tion.’’. lution— At the appropriate place insert the follow- ‘‘(A) sets forth a fiscal year (by 2002 or the AMENDMENT NO. 351 ing: earliest possible fiscal year) in which, for the At the appropriate place insert the follow- SEC. . USE OF THE REDUCTIONS IN DISCRE- budget as defined by section 13301 of the ing: TIONARY SPENDING CAPS. Budget Enforcement Act of 1990 (excluding SEC. . USE OF THE REDUCTIONS IN DISCRE- (a) CONGRESSIONAL BUDGET ACT.— the receipts and disbursements of the Fed- TIONARY SPENDING CAPS. (1) BUDGET RESOLUTIONS AND LEGISLA- eral Old-Age and Survivors Insurance Trust (a) CONGRESSIONAL BUDGET ACT.— TION.—Section 301 of the Congressional Budg- Fund and the Federal Disability Insurance (1) BUDGET RESOLUTIONS AND LEGISLA- et Act of 1974 is amended by adding at the Trust Fund), the level of outlays for that fis- TION.—Section 301 of the Congressional Budg- end the following: cal year or any subsequent fiscal year does et Act of 1974 is amended by adding at the ‘‘(j) USE OF REDUCTIONS IN DISCRETIONARY not exceed the level of revenues for that fis- end the following: SPENDING CAPS.—It shall not be in order in cal year; ‘‘(j) USE OF REDUCTIONS IN DISCRETIONARY the Senate or House of Representatives to ‘‘(B) sets forth appropriate levels for all SPENDING CAPS.—It shall not be in order in consider any concurrent resolution on the items described in subsection (a)(1) through the Senate or House of Representatives to budget, bill, joint resolution, amendment, (7) for all fiscal years through and including consider any concurrent resolution on the motion, or conference report that decreases the fiscal year described in paragraph (A); budget, bill, joint resolution, amendment, the discretionary spending limits unless the ‘‘(C) includes specific reconciliation in- motion, or conference report that decreases concurrent resolution on the budget, bill, structions under section 310 to carry out any the discretionary spending limits unless the joint resolution, amendment, motion, or con- assumption of either— concurrent resolution on the budget, bill, ference report provides that such decrease ‘‘(i) reductions in direct spending, or joint resolution, amendment, motion, or con- may only be used for deficit reduction and ‘‘(ii) increases in revenues. ference report provides that such decrease may not be used to offset all or part of an in- ‘‘(3) NO AMENDMENT WITHOUT THREE-FIFTHS may only be used for deficit reduction and crease in direct spending or decrease in re- VOTE IN THE SENATE.—It shall not be in order may not be used to offset all or part of an in- ceipts under section 252 of the Balanced in the Senate or the House of Representa- crease in direct spending or decrease in re- Budget and Emergency Deficit Control Act tives to consider any bill, resolution, amend- ceipts under section 252 of the Balanced of 1974.’’. ment, motion, or conference report that Budget and Emergency Deficit Control Act (2) SIXTY VOTE POINT OF ORDER.—Sub- would amend or otherwise supersede this sec- of 1974.’’. sections (c) and (d) of section 904 of the Con- tion.’’. (2) SIXTY VOTE POINT OF ORDER.—Sub- gressional Budget Act of 1974 are amended by (c) REQUIREMENT FOR 60 VOTERS TO WAIVE sections (c) and (d) of section 904 of the Con- inserting ‘‘301(j),’’ after ‘‘301(i),’’. OR APPEAL IN THE SENATE.—Section 904 of gressional Budget Act of 1974 are amended by (b) GRAMM-RUDMAN.—Section 252 of the the Congressional Budget Act of 1974 is inserting ‘‘301(j),’’ after ‘‘301(i),’’. Balanced Budget and Emergency Deficit amended by inserting ‘‘301(j),’’ after ‘‘301(i),’’ (b) GRAMM-RUDMAN.—Section 252 of the Control Act of 1985 is amended by adding at in both places that it appears. Balanced Budget and Emergency Deficit the end the following: S 4284 CONGRESSIONAL RECORD — SENATE March 21, 1995

‘‘(f) USE OF REDUCTIONS IN DISCRETIONARY amended by adding at the end the following That reductions in federal spending should SPENDING CAPS.—A decrease in the discre- new sentence: ‘‘However, OMB shall not ad- be used to reduce the federal budget deficit. tionary spending limits may only be used for just any discretionary spending limit under Now, therefore, it is the sense of the Sen- deficit reduction and may not be used to off- this clause for any statute that designates ate that: the congressional budget process set all or part of an increase in direct spend- appropriations as emergency requirements if should not be amended to permit the use of ing or decrease in receipts under this sec- that statute contains an appropriation for ‘‘savings’’ associated with reductions in dis- tion.’’. any other matter, event, or occurrence, but cretionary spending to offset lost revenues that statute may contain rescissions of resulting from tax cuts. AMENDMENT NO. 354 budget authority.’’. At the appropriate place insert the follow- (b) EMERGENCY LEGISLATION.—Section ing: 252(e) of the Balanced Budget and Emergency HOLLINGS AMENDMENT NO. 358 SEC. . USE OF THE REDUCTIONS IN DISCRE- Deficit Control Act of 1985 is amended by (Ordered to lie on the table.) TIONARY SPENDING CAPS. adding at the end the following new sen- Mr. HOLLINGS submitted an amend- (a) CONGRESSIONAL BUDGET ACT.— tence; ‘‘However, OMB shall not designate any such amounts of new budget authority, ment intended to be proposed by him (1) BUDGET RESOLUTIONS AND LEGISLA- to the bill S. 4, supra; as follows: TION.—Section 301 of the Congressional Budg- outlays or receipts as emergency require- et Act of 1974 is amended by adding at the ments in the report required under sub- At the appropriate place insert the follow- end the following: section (d) if that statute contains any other ing: ‘‘(j) USE OF REDUCTIONS IN DISCRETIONARY provisions that are not so designated, but SEC. .—CONGRESS SHALL NOT LEGISLATE AD SPENDING CAPS.—It shall not be in order in that statute may contain provisions that re- HOC CHANGES IN ECONOMIC INDI- the Senate or House of Representatives to duce direct spending.’’. CATORS. consider any concurrent resolution on the (c) NEW POINT OF ORDER.—Title IV of the (a) PURPOSE.—The Congress declares it es- budget, bill, joint resolution, amendment, Congressional Budget Act of 1974 is amended sential that the Congress shall not arbitrar- motion, or conference report that decreases by adding at the end the following new sec- ily change economic indicators. Therefore: the discretionary spending limits unless the tion: (1) Economic indicators shall be devised by concurrent resolution on the budget, bill, ‘‘POINT OF ORDER REGARDING EMERGENCIES statistical agencies using the best scientific joint resolution, amendment, motion, or con- ‘‘SEC. 408. It shall not be in order in the practice within the constraints of their ference report provides that such decrease House of Representatives or the Senate to budgets; and may only be used for deficit reduction and consider any bill or joint resolution, or (2) Congress shall not coerce Federal sta- may not be used to offset all or part of an in- amendment thereto or conference report tistical agencies into making changes in eco- crease in direct spending or decrease in re- thereon, containing an emergency designa- nomic indicators that are counter to the best ceipts under section 252 of the Balanced tion for purposes of section 251(b)(2)(D) or scientific practice. Budget and Emergency Deficit Control Act 252(e) of the Balanced Budget and Emergency of 1974.’’. Deficit Control Act of 1985 if it also provides DASCHLE AMENDMENTS NOS. 359– (2) SIXTY VOTE POINT OF ORDER.—Sub- an appropriation or direct spending for any 360 sections (c) and (d) of section 904 of the Con- other item or contains any other matter, but gressional Budget Act of 1974 are amended by that bill or joint resolution, amendment, or (Ordered to lie on the table.) inserting ‘‘301(j),’’ after ‘‘301(i),’’. conference report may contain rescissions of Mr. DASCHLE submitted two amend- (b) GRAMM-RUDMAN.—Section 252 of the budget authority or reductions of direct ments intended to be proposed by him spending, or that amendment may reduce Balanced Budget and Emergency Deficit to amendment No. 347. by Mr. DOLE to amounts for that emergency.’’. Control Act of 1985 is amended by adding at the bill, S. 4, supra; as follows: the end the following: (d) CONFORMING AMENDMENT.—The table of ‘‘(f) USE OF REDUCTIONS IN DISCRETIONARY contents set forth in section 1(b) of the Con- AMENDMENT NO. 359 SPENDING CAPS.—A decrease in the discre- gressional Budget and Impoundment Control On page 5 of the amendment strike all tionary spending limits may only be used for Act of 1974 is amended by inserting after the after ‘taxpayers’ on line 19 through ‘tax- deficit reduction and may not be used to off- item relating to section 407 the following payers’ on line 20. set all or part of an increase in direct spend- new item: ing or decrease in receipts under this sec- ‘‘Sec. 408. Point of order regarding emer- AMENDMENT NO. 360 tion.’’. gencies.’’. On page 5 of the amendment strike all after ‘revenue’ in line 14 through line 20 and HATCH (AND OTHERS) BUMPERS AMENDMENT NO. 357 insert the following: ‘‘over the following 10 AMENDMENT NO. 355 (Ordered to lie on the table.) fiscal years.’’. (Ordered to lie on the table.) Mr. BUMPERS submitted an amend- Mr. HATCH (for himself, Mr. ROTH, ment intended to be proposed by him BINGAMAN AMENDMENT NO. 361 and Mr. HEFLIN) submitted an amend- to the bill S. 4, supra; as follows: (Ordered to lie on the table.) ment to amendment No. 347 proposed At the appropriate place insert the follow- Mr. BINGAMAN submitted an by Mr. DOLE to the bill S. 4, supra; as ing: amendment intended to be proposed by follows: The Senate finds that, according to the him to amendment No. 347 proposed by Congressional Budget Office, the federal On page 3, line 21, after ‘‘separately’’ insert Mr. DOLE to the bill S. 4, supra; as fol- budget deficit will be $177 billion for fiscal ‘‘, except for items of appropriation provided lows: for the judicial branch, which shall be en- year 1995; On page 5, between lines 3 and 4, add the rolled together in a single measure. For pur- That estimates from both the Congres- following: ‘‘any prohibition or restriction poses of this paragraph, the term ‘items of sional Budget Office and the Office of Man- against expenditure, or’’. appropriation provided for the judicial agement and Budget indicate that, without branch’ means only those functions and ex- substantial reductions in federal spending penditures that are currently included in the and/or increases in federal revenues; annual FEINGOLD AND OTHERS federal budget deficits will remain at unac- appropriations accounts of the judiciary, as AMENDMENT NO. 362 those accounts are listed and described in ceptable levels; the Department of Commerce, Justice and That the congressional budget process, as Mr. FEINGOLD (for himself, Mr. State, the Judiciary, and Related Agencies embodied by legislation and Senate rules, re- SIMON, and Mr. EXON) proposed an Appropriations Act, 1995 (Public Law 104– quires that legislation which would reduce amendment to amendment No. 347 pro- federal revenues be offset by legislation that 317)’’. posed by Mr. DOLE to the bill S. 4, either reduces mandatory spending or in- creases an alternative source of federal reve- supra; as follows: FEINGOLD AMENDMENT NO. 356 nue by an equivalent amount; At the end of the pending amendment No. Mr. FEINGOLD proposed an amend- That certain members of both political 347, add the following: ment to amendment No. 347 proposed parties have proposed amending the congres- SEC. . SENSE OF THE SENATE REGARDING DEFI- sional budget process to permit reductions in CIT REDUCTION AND TAX CUTS. by Mr. DOLE to the bill S. 4, supra; as the discretionary spending caps contained in The Senate finds that— follows: the annual budget resolutions to offset re- (1) the Federal budget according to the At the end of the pending amendment No. duced revenue resulting from tax cuts; most recent estimates of the Congressional 347 add the following: That changing the congressional budget Budget Office continues to be in deficit in SEC. . TREATMENT OF EMERGENCY SPENDING. process to permit discretionary spending cap excess of $190 billion; (a) EMERGENCY APPROPRIATIONS.—Section cuts to be used as an offset for tax cuts could (2) continuing annual Federal budget defi- 251(b)(2)(D)(i) of the Balanced Budget and actually cause the federal budget deficit to cits add to the Federal debt which soon is Emergency Deficit Control Act of 1985 is rise; projected to exceed $5 trillion; March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4285 (3) continuing Federal budget deficits and Budget and Emergency Deficit Control Act EXON (AND OTHERS) growing Federal debt reduce savings and cap- of 1985; AMENDMENTS NOS. 365-366 ital formation; ‘‘ ‘(E) include the estimated amount of sav- (4) continuing Federal budget deficits con- ings in direct-spending programs applicable (Ordered to lie on the table.) tribute to a higher level of interest rates to that fiscal year resulting from the prior Mr. EXON (for himself Mr. DASCHLE, than would otherwise occur, raising capital year’s sequestration under the Balanced Mr. FORD, Mr. CONRAD, Mr. DORGAN, costs and curtailing total investment; Budget and Emergency Deficit Control Act Mr. KOHL, Mrs. FEINSTEIN, Mr. BUMP- (5) continuing Federal budget deficits also of 1985, if any (except for any amounts se- ERS, Mr. ROBB, Mr. KERRY, Mr. contribute to significant trade deficits and questered as a result of a net deficit increase FEINGOLD, Mr. HARKIN, Mr. REID, and dependence on foreign capital; in the fiscal year immediately preceding the Mr. HOLLINGS) submitted two amend- (6) the Federal debt that results from per- prior fiscal year); and ments intended to be proposed by them sistent Federal deficits transfers a poten- ‘‘ ‘(F) except as otherwise provided in this to amendment No. 347 by Mr. DOLE to tially crushing burden to future generations, subsection, include all direct-spending legis- making their living standards lower than lation as that term is interpreted for pur- the bill, S. 4, supra; as follows: they otherwise would have been; poses of the Balanced Budget and Emergency AMENDMENT NO. 365 (7) efforts to reduce the Federal deficit Deficit Control Act of 1985. At the end of the bill, insert the following should be among the highest economic prior- ‘‘ ‘(4) BASELINE.—Estimates prepared pursu- new title: ities of the 104th Congress; ant to this section shall use the most recent (8) enacting across-the-board or so-called TITLE II—BALANCED BUDGET Congressional Budget Office baseline, and for middle class tax cut measures could impede SEC. 201. SHORT TITLE. years beyond those covered by that Office, efforts during the 104th Congress to signifi- This title may be cited as the ‘‘Balanced shall abide by the requirements of section cantly reduce the Federal deficit, and; Budget Act of 1995’’. 257 of the Balanced Budget and Emergency (9) it is the Sense of the Senate that reduc- Deficit Control Act of 1985, except that ref- SEC. 202. ENFORCEMENT OF A BALANCED BUDG- ing the Federal deficit should be one of the ET. nation’s highest priorities, that enacting an erences to ‘‘outyears’’ in that section shall be deemed to apply to any year (other than (a) PURPOSE.—The Congress declares it es- across-the-board or so-called middle class sential that the Congress— the budget year) covered by any one of the tax cut during the 104th Congress would (1) require that the Government balance time periods defined in paragraph (2) of this hinder efforts to reduce the Federal deficit. the Federal budget without counting the sur- subsection. pluses of the Social Security trust funds; ‘‘ ‘(5) PRIOR SURPLUS AVAILABLE.—If direct- (2) set forth with specificity in the first HOLLINGS AMENDMENT NO. 363 spending or receipts legislation increases the session of the 104th Congress the policies deficit when taken individually (as a bill, (Ordered to lie on the table.) that achieving such a balanced budget would joint resolution, amendment, motion, or con- Mr. HOLLINGS submitted an amend- require; and ference report, as the case may be), then it (3) enforce through the congressional budg- ment intended to be proposed by him must also increase the deficit when taken to- to the bill S. 4, supra; as follows: et process the requirement to achieve a bal- gether with all direct-spending and receipts anced Federal budget. legislation enacted after the date of enact- At the appropriate place, insert the (b) POINT OF ORDER AGAINST BUDGET RESO- following: ment of the Omnibus Budget Reconciliation LUTIONS THAT FAIL TO SET FORTH A GLIDE Act of 1993, in order to violate the prohibi- ‘‘SEC. . PAY-AS-YOU-GO. PATH TO A BALANCED BUDGET.—Section 301 of tion of this subsection. ‘‘At the end of title III of the Congres- the Congressional Budget Act of 1974 is ‘‘ ‘(c) WAIVER.—This section may be waived sional Budget Act of 1974, insert the follow- amended by inserting at the end thereof the or suspended in the Senate only by the af- ing new section: following new subsection: firmative vote of three-fifths of the Mem- ‘‘(j) CONGRESSIONAL ENFORCEMENT OF A ‘‘ ‘ENFORCING PAY-AS-YOU-GO. bers, duly chosen and sworn. BALANCED BUDGET.— ‘‘ ‘SEC. 314. (a) PURPOSE.—The Senate de- ‘‘ ‘(d) APPEALS.—Appeals in the Senate ‘‘(1) POINT OF ORDER.—It shall not be in clares that it is essential to— from the decisions of the Chair relating to order to consider any concurrent resolution ‘‘ ‘(1) ensure continued compliance with the any provision of this section shall be limited on the budget (or amendment, motion, or deficit reduction embodied in the Omnibus to 1 hour, to be equally divided between, and conference report thereon) unless that reso- Budget Reconciliation Act of 1993; and controlled by, the appellant and the manager lution— ‘‘ ‘(2) continue the pay-as-you-go enforce- of the bill or joint resolution, as the case ‘‘(A) sets forth a fiscal year (by 2002 or the ment system. may be. An affirmative vote of three-fifths of earliest possible fiscal year) in which, for the ‘‘ ‘(b) POINT OF ORDER.— the Members of the Senate, duly chosen and budget as defined by section 13301 of the ‘‘ ‘(1) IN GENERAL.—It shall not be in order sworn, shall be required in the Senate to sus- Budget Enforcement Act of 1990 (excluding in the Senate to consider any direct-spend- tain an appeal of the ruling of the Chair on the receipts and disbursements of the Fed- ing or receipts legislation (as defined in a point of order raised under this section. eral Old-Age and Survivors Insurance Trust paragraph (3)) that would increase the deficit ‘‘ ‘(e) DETERMINATION OF BUDGET LEVELS.— Fund and the Federal Disability Insurance for any one of the three applicable time peri- For purposes of this section, the levels of Trust Fund), the level of outlays for that fis- ods (as defined in paragraph (2)) as measured new budget authority, outlays, and receipts cal year or any subsequent fiscal year does pursuant to paragraphs (4) and (5). for a fiscal year shall be determined on the not exceed the level of revenues for that fis- ‘‘ ‘(2) APPLICABLE TIME PERIODS.—For pur- basis of estimates made by the Committee cal year; poses of this subsection, the term ‘‘applica- on the Budget of the Senate. ‘‘(B) sets forth appropriate levels for all ble time period’’ means any one of the three ‘‘ ‘(f) SUNSET.—Subsections (a) through (e) items described in subsection (a)91) through following periods— of this section shall expire September 30, (7) for all fiscal years through and including ‘‘ ‘(A) the first fiscal year covered by the 1998.’ ’’ the fiscal year described in paragraph (A); most recently adopted concurrent resolution ‘‘(C) includes specific reconciliation in- on the budget; structions under section 310 to carry out any ‘‘ ‘(B) the period of the 5 fiscal years cov- BRADLEY AMENDMENT NO. 364 assumption of either— ered by the most recently adopted concur- ‘‘(i) reductions in direct spending, or rent resolution on the budget; or (Ordered to lie on the table.) ‘‘(ii) increases in revenues. ‘‘ ‘(C) the period of the 5 fiscal years follow- Mr. BRADLEY submitted an amend- ‘‘(3) NO AMENDMENT WITHOUT THREE FIFTHS ing the first 5 years covered by the most re- ment intended to be proposed by him VOTE IN THE SENATE.—It shall not be in order cently adopted concurrent resolution on the to amendment No. 347 proposed by Mr. in the Senate or the House of Representa- budget. DOLE to the bill S. 4, supra; as follows: tives to consider any bill, resolution, amend- ‘‘ ‘(3) DIRECT-SPENDING OR RECEIPTS LEGIS- ment, motion, or conference report that LATION.—For purposes of this subsection, the On page 5, strike lines 13 through 20 and in- would amend or otherwise supersede this sec- term ‘‘direct-spending or receipts legisla- sert the following: tion.’’. tion’’ shall— ‘‘(5) the term ‘targeted tax benefit’ means (c) REQUIREMENT FOR 60 VOTES TO WAIVE OR ‘‘ ‘(A) include any bill, resolution, amend- any provision which has the practical effect APPEAL IN THE SENATE.—Section 904 of the ment, motion, or conference report to which of providing a benefit in the form of a dif- Congressional Budget Act of 1974 is amended this subsection otherwise applies; ferent treatment to a particular taxpayer or by inserting ‘‘301(j),’’ after ‘‘301(i),’’ in both ‘‘ ‘(B) include concurrent resolutions on the a limited class of taxpayers, whether or not places that it appears. budget; such provision is limited by its terms to a (d) SUSPENSION IN THE EVENT OF WAR OR ‘‘ ‘(C) exclude full funding of, and continu- particular taxpayer or a class of taxpayers CONGRESSIONALLY DECLARED LOW GROWTH.— ation of, the deposit insurance guarantee but such term does not include any benefit Section 258(b)(2) of the Balanced Budget and commitment in effect on the date of enact- provided to a class of taxpayers distin- Emergency Deficit Control Act of 1985 is ment of the Budget Enforcement Act of 1990; guished on the basis of general demographic amended by inserting ‘‘301(j),’’ after ‘‘sec- ‘‘ ‘(D) exclude emergency provisions so des- conditions such as income, number of de- tions’’. ignated under section 252(e) of the Balanced pendents, or marital status. S 4286 CONGRESSIONAL RECORD — SENATE March 21, 1995 AMENDMENT NO. 366 SEC. .—CONGRESSIONAL ENFORCEMENT OF A EXON (AND DASCHLE) At the end of the bill, insert the following BALANCED BUDGET AMENDMENTS NOS. 373–374 new title: (a) PURPOSE.—The Congress declares it es- sential that the Congress— (Ordered to lie on the table.) TITLE II—BALANCED BUDGET (1) set forth with specificity in the first Mr. EXON (for himself and Mr. SECTION 201. SHORT TITLE. session of the 104th Congress the policies DASCHLE) submitted two amendments This title may be cited as the ‘‘Balanced that achieving such a balanced Federal budg- intended to be proposed by them to Budget Act of 1995’’. et would require; and amendment No. 347 by Mr. DOLE to the SEC. 202. ENFORCEMENT OF A BALANCED BUDG- (2) enforce through the congressional budg- ET et process the requirement to achieve a bal- bill, S. 4, supra; as follows: (a) PURPOSE.—The Congress declares it es- anced Federal budget. AMENDMENT NO. 373 sential that the Congress— (b) POINT OF ORDER AGAINST BUDGET RESO- Strike section 5(5)(A) of the language pro- (1) require that the Government balance LUTIONS THAT FAIL TO SET FORTH A GLIDE posed to be inserted and insert ‘‘(A) esti- the Federal budget without counting the sur- PATH TO A BALANCED BUDGET.—Section 301 of pluses of the Social Security trust funds; the Congressional Budget Act of 1974 is mated by the Joint Committee on Taxation (2) set forth with specificity in the first amended by inserting at the end thereof the as losing revenue for any one of the three session of the 104th Congress the policies following new subsection: following periods— ‘‘(1) the first fiscal year covered by the that achieving such a balanced budget would ‘‘(j) CONGRESSIONAL ENFORCEMENT OF A most recently adopted concurrent resolution require; and BALANCED BUDGET.—It shall not be in order (3) enforce through the congressional budg- to consider any concurrent resolution on the on the budget; et process the requirement to achieve a bal- budget (or amendment, motion, or con- ‘‘(2) the period of the 5 fiscal years covered anced Federal budget. ference report thereon) that— by the most recently adopted concurrent res- (b) POINT OF ORDER AGAINST BUDGET RESO- ‘‘(A) fails to set forth appropriate levels for olution on the budget; or LUTIONS THAT FAIL TO SET FORTH A GLIDE all items described in subsection (a) (1) ‘‘(3) the period of the 5 fiscal years follow- PATH TO A BALANCED BUDGET.—Section 301 of through (7) for all fiscal years through 2002; ing the first 5 years covered by the most re- the Congressional Budget Act of 1974 is ‘‘(B) for the unified Federal budget, sets cently adopted concurrent resolution on the amended by inserting at the end thereof the forth a level of outlays for fiscal year 2002 or budget; and’’. following new subsection: any subsequent fiscal year the exceeds the ‘‘(j) CONGRESSIONAL ENFORCEMENT OF A level of revenues for that fiscal year; or BALANCED BUDGET.— ‘‘(C) relies on the assumption of either— AMENDMENT NO. 374 ‘‘(1) POINT OF ORDER.—It shall not be in ‘‘(i) reductions in direct spending, or In section 5(5)(A) of the language proposed order to consider any concurrent resolution ‘‘(ii) increases in revenues, without includ- to be inserted, strike ‘‘within the periods on the budget (or amendment, motion, or ing specific reconciliation instructions under specified in the most recently adopted con- conference report thereon) unless that reso- section 310 to carry out those assumptions.’’. current resolution on the budget pursuant to lution— (c) REQUIREMENT FOR 60 VOTES TO WAIVE OR section 301 of the Congressional Budget and ‘‘(A) sets forth a fiscal year (by 2002 or the APPEAL IN THE SENATE.—Section 904 of the Impoundment Control Act of 1974’’. earliest possible fiscal year) in which, for the Congressional Budget Act of 1974 is amended budget as defined by section 13301 of the by inserting ‘‘301(j),’’ after ‘‘301(i),’’ in both Budget Enforcement Act of 1990 (excluding places that it appears. EXON AMENDMENTS NOS. 375–386 the receipts and disbursements of the Fed- (d) SUSPENSION IN THE EVENT OF WAR OR eral Old-Age and Survivors Insurance Trust CONGRESSIONALLY-DECLARED LOW GROWTH.— (Ordered to lie on the table.) Fund and the Federal Disability Insurance Section 258(b)(2) of the Balanced Budget and Mr. EXON submitted 12 amendments Trust Fund), the level of outlays for that fis- Emergency Deficit Control Act of 1985 is intended to be proposed by him to cal year or any subsequent fiscal year does amended by inserting ‘‘301(j),’’ after ‘‘sec- amendment No. 347 by Mr. DOLE to the not exceed the level of revenues for that fis- tions’’. bill, S. 4, supra; as follows: cal year; ‘‘(B) sets forth amounts for the deficit that AMENDMENT NO. 368 AMENDMENT NO. 375 for any fiscal year are equal to or less than At the end of the bill, insert the following At the appropriate place in the matter pro- the amounts set forth for the deficit for that new section: posed to be inserted, insert the following: fiscal year in the most recently adopted con- SEC. . SAVINGS ACHIEVED FROM LOWERING current resolution on the budget; DISCRETIONARY SPENDING LIMITS SEC. . ‘‘(C) sets forth appropriate levels for all MUST GO TO DEFICIT REDUCTION. (a) Not later than 45 days of continuous items described in subsection (a)(1) through It is the sense of the Congress that any session after the President vetoes an appro- (7) for all fiscal years through and including savings achieved from lowering or extending priations measure or an authorization meas- the fiscal year described in paragraph (A); the discretionary spending limits set forth in ure, the President shall— ‘‘(D) includes specific reconciliation in- section 601 of the Congressional Budget Act (1) reduce the discretionary spending lim- structions under section 310 to carry out any of 1974 must be devoted exclusively to reduc- its under section 601 of the Congressional assumption of either— ing the deficit. Budget Act of 1974 for the budget year and ‘‘(i) reductions in direct spending, or each out year to reflect the amount con- ‘‘(ii) increases in revenues. AMENDMENT NO. 369 tained in vetoed items. ‘‘(3) NO AMENDMENT WITHOUT THREE-FIFTHS At the appropriate place in the bill, insert (ii) with respect to a repeal of direct spend- VOTE IN THE SENATE.—It shall not be in order the following: ing, adjust the balanced for the budget year in the Senate or the House of Representa- SEC. . and each outyear under section 252(b) of the tives to consider any bill, resolution, amend- It is the Sense of the Senate that discre- Balanced Budget and Emergency Deficit ment, motion, or conference report that tionary spending cap reductions, under sec- Control Act of 1985 to reflect the amount would amend or otherwise supersede this sec- tion 601 of the Congressional Budget Act of contained in vetoed items. tion.’’. 1974, shall not be used to offset direct spend- (B) Exception: This provision shall not (c) REQUIREMENT FOR 60 VOTES TO WAIVER ing or revenue legislation. take effect if the vetoed appropriations OR APPEAL IN THE SENATE.—Section 904 of measure or authorization measure becomes the Congressional Budget Act of 1974 is AMENDMENT NO. 370 law. amended by inserting ‘‘301(j),’’ after ‘‘301(i),’’ in both places that it appears. In the language proposed to be inserted, strike section 5(5) and insert ‘‘(5) The term (d) SUSPENSION IN THE EVENT OF WAR OR ‘targeted tax benefit’ shall have the same AMENDMENT NO. 376 CONGRESSIONALLY DECLARED LOW GROWTH.— At the end of the matter proposed to be in- Section 258(b)(2) of the Balanced Budget and meaning as the term ‘tax expenditure’ as de- serted, insert the following new section: Emergency Deficit Control Act of 1985 is fined in section 3(3) of the Congressional Budget Act of 1974.’’. amended by inserting ‘‘301(j),’’ after ‘‘sec- SEC. . LOCK BOX SENSE OF THE CONGRESS. tions’’. AMENDMENT NO. 371 It is the sense of the Congress that any savings achieved through the veto of any In the language proposed to be inserted, EXON AMENDMENTS NOS. 367–372 items under this Act shall be devoted exclu- strike section 5(5) and insert ‘‘(5) The term sively to deficit reduction. (Ordered to lie on the table.) ‘targeted tax benefit’ means a provision in Mr. EXON submitted six amendments any bill that provides special treatment to a intended to be proposed by him to particular taxpayer or limited class of tax- AMENDMENT NO. 377 payers.’’. amendment No. 347 by Mr. DOLE to the In lieu of the matter proposed to be in- serted, insert the following: bill, S. 4, supra; as follows: AMENDMENT NO. 372 AMENDMENT NO. 367 In section 5(5)(B) of the language proposed SECTION 1. SHORT TITLE. At the appropriate place in the bill, insert to be inserted, strike ‘‘when compared with This Act may be cited as the ‘‘Legislative the following: other similarly situated taxpayers’’. Line Item Veto Act’’. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4287

SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN ‘‘(A) DISCRETIONARY SPENDING LIMITS AND ‘‘(B) MOTION TO STRIKE.—During consider- PROPOSED CANCELLATIONS OF DIRECT SPENDING BALANCES.—Not later than 5 ation under this subsection in the House of BUDGET ITEMS. days after the date of enactment of a bill Representatives, any Member of the House of (a) IN GENERAL.—Title X of the Congres- containing the cancellation of budget items Representatives may move to strike any pro- sional Budget and Impoundment Control Act as provided under this section, the President posed cancellation of a budget item if sup- of 1974 (2 U.S.C. 621 et seq.) is amended by shall— ported by 49 other Members. adding after section 1012 the following new ‘‘(i) with respect to a rescission of budget ‘‘(C) LIMITS ON DEBATE.—Debate in the section: authority provided in an appropriations Act, House of Representatives on a bill under this reduce the discretionary spending limits subsection shall not exceed 4 hours, which ‘‘EXPEDITED CONSIDERATION OF CERTAIN under section 601 of the Congressional Budg- PROPOSED CANCELLATIONS OF BUDGET ITEMS shall be divided equally between those favor- et Act of 1974 for the budget year and any ing and those opposing the bill. A motion ‘‘SEC. 1012A. (a) PROPOSED CANCELLATION outyear affected by the rescission, to reflect further to limit debate shall not be debat- OF BUDGET ITEM.—The President may pro- such amount; and able. It shall not be in order to move to re- pose, at the time and in the manner provided ‘‘(ii) with respect to a repeal of a targeted commit a bill under this subsection or to in subsection (b), the cancellation of any tax benefit or direct spending, adjust the bal- move to reconsider the vote by which the bill budget item provided in any Act. An item ances for the budget year and each outyear is agreed to or disagreed to. proposed for cancellation under this section under section 252(b) of the Balanced Budget ‘‘(D) APPEALS may not be proposed for cancellation again and Emergency Deficit Control Act of 1985 to .—Appeals from decisions of under this title. reflect such amount. the Chair relating to the application of the Rules of the House of Representatives to the ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— ‘‘(B) ADJUSTMENT OF COMMITTEE ALLOCA- procedure relating to a bill under this sec- ‘‘(1) SPECIAL MESSAGE.— TIONS.—Not later than 5 days after the date tion shall be decided without debate. ‘‘(A) IN GENERAL.—Subject to the time lim- of enactment of a bill containing the can- itations provided in subparagraph (B), the cellation of budget items as provided under ‘‘(E) APPLICATION OF HOUSE RULES.—Except President may transmit to Congress a spe- this section, the chairs of the Committees on to the extent specifically provided in this cial message proposing to cancel budget the Budget of the Senate and the House of section, consideration of a bill under this items contained in an Act. A separate special Representatives shall revise levels under sec- section shall be governed by the Rules of the message shall be transmitted for each Act tion 311(a) and adjust the committee alloca- House of Representatives. It shall not be in that contains budget items the President tions under section 602(a) to reflect such order in the House of Representatives to con- proposes to cancel. amount. sider any bill introduced pursuant to the ‘‘(B) TIME LIMITATIONS.—A special message ‘‘(5) EXCEPTION.—The President shall not provisions of this section under a suspension may be transmitted under this section— propose to cancel budget authority provided of the rules or under a special rule. ‘‘(i) during the 20-calendar-day period (ex- in an appropriations Act that is required to ‘‘(3) CONSIDERATION IN THE SENATE.— cluding Saturdays, Sundays, and legal holi- fund an existing legal obligation of the Unit- ‘‘(A) MOTION TO PROCEED TO CONSIDER- days) commencing on the day after the date ed States, unless the legal obligation was es- ATION.—A motion to proceed to the consider- of enactment of the provision proposed to be tablished in that appropriations Act. ation of a bill under this subsection in the rescinded or repealed; or ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER- Senate shall be nondebatable. It shall not be ‘‘(ii) at the same time as the President’s ATION.— in order to move to reconsider the vote by budget for any provision enacted after the ‘‘(1) IN GENERAL.— which the motion to proceed is agreed to or date the President submitted the preceding ‘‘(A) INTRODUCTION.—Before the close of the disagreed to. second day of session of the Senate and the budget. ‘‘(B) MOTION TO STRIKE.—During consider- House of Representatives, respectively, after ‘‘(2) DRAFT BILL.—The President shall in- ation of a bill under this subsection in the the date of receipt of a special message clude in each special message transmitted Senate, any Member of the Senate may move transmitted to Congress under subsection under paragraph (1) a draft bill that, if en- to strike any proposed cancellation of a (b), the majority leader or minority leader of acted, would cancel those budget items as each House shall introduce (by request) the budget item if supported by 11 other Mem- provided in this section. The draft bill draft bill accompanying that special mes- bers. shall— sage. If the bill is not introduced as provided ‘‘(C) LIMITS ON DEBATE.—Debate in the Sen- ‘‘(A) clearly identify each budget item that in the preceding sentence in either House, ate on a bill under this subsection, amend- is proposed to be canceled including, where then, on the third day of session of that ments thereto, and all debatable motions applicable, each program, project, or activ- House after the date of receipt of that spe- and appeals in connection therewith (includ- ity to which the budget item relates; and cial message, any Member of that House may ing debate pursuant to subparagraph (D)), ‘‘(B) if the special message proposes to can- introduce the bill. shall not exceed 10 hours. The time shall be cel direct spending, include a means to re- ‘‘(B) REFERRAL AND REPORTING.—The bill equally divided between, and controlled by, duce the legal obligation of the United states shall be referred to the appropriate commit- the majority leader and the minority leader to beneficiaries under the direct spending tee or (in the House of Representatives) com- or their designees. program sufficient to achieve the proposed mittees. The committee shall report the bill ‘‘(D) APPEALS.—Debate in the Senate on reduction in direct spending. without substantive revision and with or any debatable motion or appeal in connec- ‘‘(3) CONTENTS OF SPECIAL MESSAGE.—Each without recommendation. The committee tion with a bill under this subsection shall special message shall specify, with respect to shall report the bill not later than the sev- be limited to not more than 1 hour, to be the budget item proposed to be canceled— enth day of session of that House after the equally divided between, and controlled by, ‘‘(A) the amount that the President pro- date of receipt of that special message. If the the mover and the manager of the bill, ex- poses be canceled; committee fails to report the bill within that cept that in the event the manager of the ‘‘(B) any account, department, or estab- period, the committee shall be automati- bill is in favor of any such motion or appeal, lishment of the Government to which such cally discharged from consideration of the budget item is available for obligation, and the time in opposition thereto, shall be con- bill, and the bill shall be placed on the appro- trolled by the minority leader or his des- the specific project or governmental func- priate calendar. tions involved; ignee. Such leaders, or either of them, may, ‘‘(C) FINAL PASSAGE.—A vote on final pas- from time under their control on the passage ‘‘(C) the reasons why the budget item sage of the bill shall be taken in the Senate of a bill, allot additional time to any Sen- should be canceled; and the House of Representatives on or be- ator during the consideration of any debat- ‘‘(D) to the maximum extent practicable, fore the close of the 10th day of session of able motion or appeal. the estimated fiscal, economic, and budg- that House after the date of the introduction etary effect (including the effect on outlays of the bill in that House. If the bill is passed, ‘‘(E) MOTION TO LIMIT DEBATE.—A motion in and receipts in each fiscal year) of the pro- the Secretary of the Senate or the Clerk of the Senate to further limit debate on a bill posed cancellation; the House of Representatives, as the case under this subsection is not debatable. ‘‘(E) if the President proposes to cancel di- may be, shall cause the bill to be engrossed, ‘‘(F) MOTION TO RECOMMIT.—A motion to re- rect spending, a proposal for a means to re- certified, and transmitted to the other House commit a bill under this subsection is not in duce the legal obligation of the United within one calendar day of the day on which order. States to beneficiaries under the direct the bill is passed. ‘‘(G) PLACED ON CALENDAR.—Upon receipt spending program sufficient to achieve the ‘‘(2) CONSIDERATION IN THE HOUSE OF REP- in the Senate of the companion bill for a bill proposed reduction in direct spending; and RESENTATIVES.— that has been introduced in the Senate, that ‘‘(F) all facts, circumstances, and consider- ‘‘(A) MOTION TO PROCEED TO CONSIDER- companion bill shall be placed on the cal- ations relating to or bearing upon the pro- ATION.—A motion in the House of Represent- endar. posed cancellation and the decision to effect atives to proceed to the consideration of a ‘‘(H) CONSIDERATION OF HOUSE COMPANION the proposed cancellation, and to the maxi- bill under this subsection shall be highly BILL.— mum extent practicable, the estimated effect privileged and not debatable. An amendment ‘‘(i) IN GENERAL.—Following the vote on of the proposed cancellation upon the ob- to the motion shall not be in order, nor shall the Senate bill required under paragraph jects, purposes, and programs for which the it be in order to move to reconsider the vote (1)(C), when the Senate proceeds to consider budget item is provided. by which the motion is agreed to or dis- the companion bill received from the House ‘‘(4) DEFICIT REDUCTION.— agreed to. of Representatives, the Senate shall— S 4288 CONGRESSIONAL RECORD — SENATE March 21, 1995 ‘‘(I) if the language of the companion bill ‘‘(2) the term ‘direct spending’ shall have tives, and each House of Congress shall have is identical to the Senate bill, as passed, pro- the same meaning given such term in section the right to intervene in such action. ceed to the immediate consideration of the 250(c)(8) of the Balanced Budget and Emer- (3) Any action brought under paragraph (1) companion bill and, without intervening ac- gency Deficit Control Act of 1985 but such shall be heard and determined by a three- tion, vote on the companion bill; or term shall not include spending for social se- judge court in accordance with section 2284 ‘‘(II) if the language of the companion bill curity; of title 28, United States Code. is not identical to the Senate bill, as passed, ‘‘(3) the term ‘budget item’ means— Nothing in this section or in any other law proceed to the immediate consideration of ‘‘(A) an amount, in whole or in part, of shall infringe upon the right of the House of the companion bill. budget authority provided in an appropria- Representatives or the Senate to intervene ‘‘(ii) AMENDMENTS.—During consideration tion Act; in an action brought under paragraph (1) of the companion bill under clause (i)(II), ‘‘(B) an amount of direct spending; or without the necessity of adopting a resolu- any Senator may move to strike all after the ‘‘(C) a targeted tax benefit; tion to authorize such intervention. enacting clause and insert in lieu thereof the ‘‘(4) the term ‘cancellation of a budget (b) APPEAL TO SUPREME COURT.— text of the Senate bill, as passed. Debate in item’ means— Notwithstanding any other provisions of the Senate on such companion bill, any ‘‘(A) the rescission of any budget authority law, any order of the United States District amendment proposed under this subpara- provided in an appropriation Act; Court for the District of Columbia which is graph, and all debatable motions and appeals ‘‘(B) the repeal of any amount of direct issued pursuant to an action brought under in connection therewith, shall not exceed 10 spending; or paragraph (1) of subsection (a) shall be hours less such time as the Senate consumed ‘‘(C) the repeal of any targeted tax benefit; reviewable by appeal directly to the Su- or yielded back during consideration of the ‘‘(5) the term ‘‘companion bill’’ means, for preme Court of the United States. Any such Senate bill. any bill introduced in either House pursuant appeal shall be taken by a notice of appeal ‘‘(4) CONFERENCE.— to subsection (c)(1)(A), the bill introduced in filed within 10 days after such order is en- ‘‘(A) CONSIDERATION OF CONFERENCE RE- the other House as a result of the same spe- tered; and the jurisdictional statement shall PORTS.—Debate in the House of Representa- cial message; and be filed within 30 days after such order is en- tives or the Senate on the conference report ‘‘(6) the term ‘targeted tax benefit’ means tered. No stay of an order issued pursuant to and any amendments in disagreement on any any provision which has the practical effect an action brought under paragraph (1) of sub- bill considered under this section shall be of providing a benefit in the form of a dif- section (a) shall be issued by a single Justice limited to not more than 2 hours, which ferent treatment to a particular taxpayer or of the Supreme Court. shall be divided equally between the major- a limited class of taxpayers, whether or not (c) EXPEDITED CONSIDERATION.— ity leader and the minority leader. A motion such provision is limited by its terms to a It shall be the duty of the District Court further to limit debate is not debatable. A particular taxpayer or a class of taxpayers. for the District of Columbia and the Su- motion to recommit the conference report is Such term does not include any benefit pro- preme Court of the United States to advance not in order, and it is not in order to move vided to a class of taxpayers distinguished on on the docket and to expedite to the greatest to reconsider the vote by which the con- the basis of general demographic conditions possible extent the disposition of any matter ference report is agreed to or disagreed to. such as income, number of dependents, or brought under subsection (a). marital status.’’. ‘‘(B) FAILURE OF CONFERENCE TO ACT.—If (b) EXERCISE OF RULEMAKING POWERS.— the committee on conference on a bill con- AMENDMENT NO. 381 Section 904 of the Congressional Budget Act sidered under this section fails to submit a At the appropriate place in the bill, insert of 1974 (2 U.S.C. 621 note) is amended— conference report within 10 calendar days the following: (1) in subsection (a), by striking ‘‘and 1017’’ after the conferees have been appointed by SEC. .—TO PROVIDE FOR 10 YEAR BUDGET RES- and inserting ‘‘1012A, and 1017’’; and each House, any Member of either House OLUTIONS (2) in subsection (d), by striking ‘‘section may introduce a bill containing only the (a) PURPOSE.—The Congress declares it es- 1017’’ and inserting ‘‘sections 1012A and text of the draft bill of the President on the sential that the Congress— 1017’’. next day of session thereafter and the bill (1) set forth with specifity the policies that (c) CLERICAL AMENDMENTS.—The table of shall be considered as provided in this sec- achieving such a balanced Federal budget sections for subpart B of title X of the Con- tion except that the bill shall not be subject would require; and gressional Budget and Impoundment Control to any amendment. (2) enforce through the congressional budg- Act of 1974 is amended by inserting after the ‘‘(d) AMENDMENTS AND DIVISIONS PROHIB- et process the requirement to achieve a bal- item relating to section 1012 the following: ITED.—Except as otherwise provided by this anced Federal budget by 2002 as well as the section, no amendment to a bill considered ‘‘Sec. 1012A. Expedited consideration of cer- years thereafter. under this section shall be in order in either tain proposed cancellations of (b) BUDGET RESOLUTIONS SHALL PROVIDE the Senate or the House of Representatives. budget items.’’. FOR 10 FISCAL YEARS.— It shall not be in order to demand a division (d) EFFECTIVE PERIOD.—The amendments Strike the following provisions from sec- of the question in the House of Representa- made by this Act shall— tion 301(a) of the Congressional Budget Act tives (or in a Committee of the Whole). No (1) take effect on the date of enactment of of 1974,: motion to suspend the application of this this Act; ‘‘Content of Concurrent Resolutions on the subsection shall be in order in the House of (2) apply only to budget items provided in Budget.—On or before April 15 of each year, Representatives, nor shall it be in order in Acts enacted on or after the date of enact- the Congress shall complete action on a con- the House of Representatives to suspend the ment of this Act; and current resolution on the budget for the fis- application of this subsection by unanimous (3) cease to be effective on September 30, cal year beginning on October 1st of such consent. 1998. year. The concurrent resolution shall set ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY forth appropriate levels for the fiscal year TO CANCEL.—At the same time as the Presi- AMENDMENT NO. 378 beginning on October 1st of such year, and dent transmits to Congress a special message In section 6 of the language proposed to be planning levels for each of the four ensuing under subsection (b)(1)(B)(i) proposing to inserted, strike ‘‘on September 30, 2000’’ and fiscal years, for the following—’’ cancel budget items, the President may di- insert ‘‘at noon on January 20, 1997’’. and insert: rect that any budget item or items proposed ‘‘SEC. 301. (a) Content of Concurrent Reso- to be canceled in that special message shall AMENDMENT NO. 379 lutions on the Budget.—On or before April 15 not be made available for obligation or take of each year, the Congress shall complete ac- In section 6 of the language proposed to be effect for a period not to exceed 45 calendar tion on a concurrent resolution on the budg- inserted, strike ‘‘2000’’ and insert ‘‘1998’’. days from the date the President transmits et for the fiscal year beginning on October the special message to Congress. The Presi- 1st of such year. The concurrent resolution AMENDMENT NO. 380 dent may make any budget item or items shall set forth appropriate levels for the fis- canceled pursuant to the preceding sentence At the appropriate place in the matter pro- cal year beginning on October 1st of such available at a time earlier than the time posed to be inserted insert the following: year, and planning levels for each of the nine specified by the President if the President SEC. . JUDICIAL REVIEW. ensuing fiscal years, for the following—’’ determines that continuation of the can- (a) EXPEDITED REVIEW.— Strike the following provision from section cellation would not further the purposes of (1) Any Member of Congress may bring an 302 of the Congressional Budget Act of 1974,: this Act. action, in the United States District Court ‘‘(2) For the Senate, the joint explanatory ‘‘(f) DEFINITIONS.—For purposes of this sec- for the District of Columbia, for declaratory statement accompanying a conference report tion— judgment and injunctive relief on the ground on a concurrent resolution on the budget ‘‘(1) the term ‘appropriation Act’ means that any provision of this Act violates the shall include an estimated allocation, based any general or special appropriation Act, and Constitution. upon such concurrent resolution as rec- any Act or joint resolution making supple- (2) A copy of any complaint in an action ommended in such conference report, of the mental, deficiency, or continuing appropria- brought under paragraph (1) shall be prompt- appropriate levels of social security outlays tions but such term does not include any ap- ly delivered to the Secretary of the Senate for the fiscal year of the resolution and for propriations for social security; and the Clerk of the House of Representa- each of the 4 succeeding fiscal years, total March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4289 budget outlays and total new budget author- practice within the constraints of their WELLSTONE AMENDMENT NO. 390 ity among each committee of the Senate budgets; and which has jurisdiction over bills and resolu- (2) Congress shall not coerce Federal sta- (Ordered to lie on the table.) tions providing such new budget authority.’’ tistical agencies into making changes in eco- Mr. WELLSTONE submitted an and insert the following: nomic indicators that are counter to the best amendment intended to be proposed by ‘‘(2) For the Senate, the joint explanatory scientific practice. him to amendment No. 347 by Mr. DOLE statement accompanying a conference report to the bill, S. 4, supra; as follows: on a concurrent resolution on the budget AMENDMENT NO. 384 On page 5, delete lines 13 thru 20 and insert shall include an estimated allocation, based At the end of the matter proposed to be in- in lieu thereof the following: upon such concurrent resolution as rec- serted, insert the following new section: (5) The term ‘targeted tax benefit’ means ommended in such conference report, of the any provision which has the practical effect SEC. . BALANCED FEDERAL BUDGET. appropriate levels of social security outlays of providing a benefit in the form of a dif- It is the sense of the Congress that begin- for the fiscal year of the resolution and for ferent treatment to a particular taxpayer or ning with the concurrent resolution on the each of the 9 succeeding fiscal years, total a limited class of taxpayers, whether or not budget for fiscal year 1996 all concurrent res- budget outlays and total new budget author- such provision is limited by its terms to a olutions on the budget should set forth levels ity among each committee of the Senate particular taxpayer or a class of taxpayers and amounts for all fiscal years through and which has jurisdiction over bills and resolu- but such term does not include any benefit including a fiscal year in which outlays do tions providing such new budget authority.’’ provided to a class of taxpayers distin- not exceed receipts, without counting the Strike the following provision from section guished on the basis of general demographic surpluses of the Social Security Trust 302 of the Congressional Budget Act of 1974,: conditions such as income, number of de- Funds. ‘‘(2) In the Senate—At any time after the pendents, or marital status. Congress has completed action on the con- current resolution on the budget required to AMENDMENT NO. 385 be reported under section 301(a) for a fiscal At the end of the matter proposed to be in- SIMON AMENDMENTS NOS. 391–392 year, it shall not be in order in the Senate to serted, insert the following new section: (Ordered to lie on the table.) consider any bill, joint resolution, amend- ment, motion, or conference report, that pro- SEC. . CBO BASELINE. Mr. SIMON submitted two amend- vides for budget outlays, new budget author- It is the sense of the Senate that the Sen- ments intended to be proposed by him ity, or new spending authority (as defined in ate Committee on the Budget, during delib- to amendment No. 347 by Mr. DOLE to section 401(c)(2)) in excess of erations on the Fiscal Year 1996 Budget Res- the bill, S. 4, supra; as follows: (A) the appropriate allocation of such out- olution and for the purpose of preparing the AMENDMENT NO. 391 lays or authority reported under subsection Committee report, use the current-law, (a) or capped baseline of the Congressional Budget In the language proposed to be inserted, (B) the appropriate allocation (if any) of Office for all revenue, spending, and deficit strike section 5(5) and insert ‘‘(5) The term such outlays or authority reported under comparisons. ‘targeted tax benefit’ shall have the same subsection (b) in connection with the most meaning as the term ‘tax expenditure’ as de- recently agreed to concurrent resolution on AMENDMENT NO. 386 fined in section 3(3) of the Congressional Budget Act of 1974.’’. the budget for such fiscal year or provides At the end of the matter proposed to be in- for social security outlays in excess of the serted, insert the following new section: appropriate allocation of social security out- AMENDMENT NO. 392 SEC. . SENSE OF THE SENATE ON USE OF THE lays under subsection (a) for the fiscal year CBO BASELINE. Strike section 5 of the language proposed of the resolution or for the total of that year It is the sense of the Senate that the con- to be inserted and insert (5) The term ‘‘tar- and the four succeeding years.’’ current resolution on the budget for fiscal geted tax benefit’’ means any provision ‘‘(A) and insert the following: year 1996 should use the baseline used by the estimated by the Joint Committee on Tax- ‘‘(2) In the Senate—At any time after the Congressional Budget Office in its evaluation ation as losing revenue for any one of the Congress has completed action on the con- of the President’s budget. three following periods— current resolution on the budget required to ‘‘(1) the first fiscal year covered by the be reported under section 301(a) for a fiscal most recently adopted concurrent resolution year, it shall not be in order in the Senate to MURKOWSKI AMENDMENT NO. 387 on the budget; ‘‘(2) the period of the 5 fiscal years covered consider any bill, joint resolution, amend- (Ordered to lie on the table.) ment, motion, or conference report, that pro- by the most recently adopted concurrent res- vides for budget outlays, new budget author- Mr. MURKOWSKI submitted an olution on the budget; or ity, or new spending authority (as defined in amendment intended to be proposed by ‘‘(3) the period of the 5 fiscal years follow- section 401(c)(2)) in excess of him to amendment No. 347 by Mr. DOLE ing the first 5 years covered by the most re- ‘‘(A) the appropriate allocation of such to the bill, S. 4, supra; as follows: cently adopted concurrent resolution on the outlays or authority reported under sub- On page 5, between lines 12 and 13, insert budget; and. section (a) or the following: ‘‘(B) having the practical effect of provid- ‘‘(B) the appropriate allocation (if any) of ing more favorable tax treatment to a par- ‘‘Any condition on an item of appropriation such outlays or authority reported under ticular taxpayer on limited group of tax- not involving a positive allocation of funds subsection (b) in connection with the most payers.’’ and explicitly prohibiting the use of any recently agreed to concurrent resolution on funds shall be enrolled with the item of ap- the budget for such fiscal year or provides propriation.’’. SIMON (AND LEVIN) AMENDMENT for social security outlays in excess of the NO. 393 appropriate allocation of social security out- lays under subsection (a) for the fiscal year MURRAY AMENDMENT NO. 388 Mr. SIMON (for himself and Mr. LEVIN) of the resolution or for the total of that year proposed an amendment to amendment No. and the nine succeeding years.’’ (Ordered to lie on the table.) 347 proposed by Mr. DOLE to the bill S. 4, Mrs. MURRAY submitted an amend- supra; as follows: AMENDMENT NO. 382 ment intended to be proposed by her to At the appropriate place in the pending At the end of the matter proposed to be in- amendment No. 347 by Mr. DOLE to the amendment, insert the following: serted, insert the following: bill, S. 4, supra; as follows: SEC. . JUDICIAL REVIEW. ‘‘It is the sense of the Congress that all On page 5, line 7, after ‘‘and’’ insert the fol- (a) EXPEDITED REVIEW.— concurrent resolutions on the budget should lowing: ‘‘shall not mean appropriations au- (1) Any Member of Congress may bring an cover the upcoming 10 fiscal years.’’ thorized in a previously passed authorization action, in the United States District Court bill; and,’’. for the District of Columbia, for declaratory AMENDMENT NO. 383 judgment and injunctive relief on the ground At the appropriate place in the bill, insert that any provision of this Act violates the the following: PRYOR AMENDMENT NO. 389 Constitution. SEC. . CONGRESS SHALL NOT LEGISLATE AD (Ordered to lie on the table.) (2) A copy of any complaint in an action HOC CHANGES IN ECONOMIC INDI- Mr. PRYOR submitted an amend- brought under paragraph (1) shall be prompt- CATORS. ment intended to be proposed by him ly delivered to the Secretary of the Senate (a) PURPOSE.—The Congress declares it es- and the Clerk of the House of Representa- sential that the Congress shall not arbitrar- to amendment No. 347 by Mr. DOLE to tives, and each House of Congress shall have ily change economic indicators. the bill, S. 4, supra; as follows: the right to intervene in such action. (b) SENSE OF THE CONGRESS—It is the sense At the appropriate place insert the follow- (3) Any action brought under paragraph (1) of the Congress that— ing: shall be heard and determined by a three- (1) economic indicators shall be devised by ‘‘The President may not rescind any budg- judge court in accordance with section 2284 statistical agencies using the best scientific et authority provided for social security.’’. of title 28, United States Code. S 4290 CONGRESSIONAL RECORD — SENATE March 21, 1995 Nothing in this section or in any other law ture will terminate not later than 10 years ‘‘(30) beginning with fiscal year 1999, a Fed- shall infringe upon the right of the House of after the date of enactment of the tax ex- eral Government performance plan for meas- Representatives or the Senate to intervene penditure.’’. uring the overall effectiveness of tax expend- in an action brought under paragraph (1) itures, including a schedule for periodically without the necessity of adopting a resolu- AMENDMENT NO. 395 assessing the effects of specific tax expendi- tion to authorize such intervention. At the appropriate place insert the follow- tures in achieving performance goals.’’. (b) APPEAL TO SUPREME COURT.— ing: (d) PILOT PROJECTS.—Section 1118(c) of Notwithstanding any other provisions of SEC. . EVALUATION AND SUNSET OF EXISTING title 31, United States Code, is amended by— law, any order of the United States District TAX EXPENDITURES. (1) striking ‘‘and’’ after the semicolon in Court for the District of Columbia which is (a) SUNSET OF EXISTING TAX EXPENDI- paragraph (2); issued pursuant to an action brought under TURES.—All tax expenditures in existence at (2) redesignating paragraph (3) as para- paragraph (1) of subsection (a) shall be the time of enactment of this Act shall ex- graph (4); and reviewable by appeal directly to the Su- pire if not specifically reauthorized by the (3) adding after paragraph (2) the following: preme Court of the United States. Any such Congress before January 1, 2005. Any tax ex- ‘‘(3) describe the framework to be utilized appeal shall be taken by a notice of appeal penditure reauthorized under this Act at the by the Director of the Office of Management filed within 10 days after such order is en- same level of cost as the revenue baseline of and Budget, after consultation with the Sec- tered, and the jurisdictional statement shall the existing tax expenditure shall not be sub- retary of the Treasury, the Comptroller Gen- be filed within 30 days after such order is en- ject to the pay as you go requirements under eral of the United States, and the Joint Com- tered. No stay of an order issued pursuant to Section 252 of the Balanced Budget and mittee on Taxation, for undertaking periodic an action brought under paragraph (1) of sub- Emergency Deficit Control Act of 1985. analyses of the effects of tax expenditures in section (a) shall be issued by a single Justice (b) BUDGET CONTENTS AND SUBMISSION TO achieving performance goals and the rela- of the Supreme Court. CONGRESS.—Section 1105(a) of title 31, United tionship between tax expenditures and XPEDITED CONSIDERATION.— (c) E States Code, is amended by adding at the end spending programs; and’’. It shall be the duty of the District Court the following paragraph: for the District of Columbia and the Su- ‘‘(30) beginning with fiscal year 1999, a Fed- preme Court of the United States to advance eral Government performance plan for meas- BRADLEY AMENDMENTS NOS. 399– on the docket and to expedite to the greatest uring the overall effectiveness of tax expend- 400 possible extent the disposition of any matter itures, including a schedule for periodically brought under subsection (a). (Ordered to lie on the table.) assessing the effects of specific tax expendi- Mr. SIMON submitted two amend- tures in achieving performance goals.’’. ments intended to be proposed by him GLENN AMENDMENTS NOS. 394–398 (c) PILOT PROJECTS.—Section 1118(c) of title 31, United States Code, is amended by— to amendment No. 347 by Mr. DOLE to (Ordered to lie on the table.) the bill, S. 4, supra; as follows: Mr. SIMON submitted five amend- (1) striking ‘‘and’’ after the semicolon in paragraph (2); AMENDMENT NO. 399 ments intended to be proposed by him (2) redesignating paragraph (3) as para- to amendment No. 347 by Mr. DOLE to In the pending amendment strike all after graph (4); and the first word and insert: the bill, S. 4, supra; as follows: (3) adding after paragraph (2) the following: term ‘‘targeted tax benefit’’ means any pro- AMENDMENT NO. 394 ‘‘(3) describe the framework to be utilized vision which has the practical effect of pro- by the Director of the Office of Management At the appropriate place insert the follow- viding a benefit in the form of a different and Budget, after consultation with the Sec- ing: treatment to a particular taxpayer or a lim- retary of the Treasury, the Comptroller Gen- SEC. . EVALUATION AND SUNSET OF TAX EX- ited class of taxpayers, whether or not such eral of the United States, and the Joint Com- PENDITURES. provision is limited by its terms to a par- mittee on Taxation, for undertaking periodic (a) LEGISLATION FOR SUNSETTING TAX EX- ticular taxpayer or a class of taxpayers but analyses of the effects of tax expenditures in PENDITURES.—The President shall submit such term does not include any benefit pro- achieving performance goals and the rela- legislation for the periodic review, author- vided to a class of taxpayers distinguished on tionship between tax expenditures and ization, and sunset of tax expenditures with the basis of general demographic conditions spending programs; and’’. his fiscal year 1997 budget. such as income, number of dependents, or (b) BUDGET CONTENTS AND SUBMISSION TO marital status. CONGRESS.—Section 1105(a) of title 31, United AMENDMENT NO. 396 States Code, is amended by adding at the end On page 4, line 22 strike the period follow- the following paragraph: ing ‘‘1985’’ and insert the following: AMENDMENT NO. 400 ‘‘(30) beginning with fiscal year 1999, a Fed- ‘‘, except that it shall not include provisions At the appropriate place, insert the follow- eral Government performance plan for meas- estimated by the Joint Committee on Tax- ing: uring the overall effectiveness of tax expend- ation as producing aggregate cost savings SECTION 1. SHORT TITLE. itures, including a schedule for periodically during the periods specified in the most re- This Act may be cited as the ‘‘Spending assessing the effects of specific tax expendi- cently adopted concurrent resolution on the Reduction and Budget Control Act of 1995’’. tures in achieving performance goals.’’. budget pursuant to section 301 of the Con- SEC. 2. JOINT RESOLUTION ALLOCATING APPRO- (c) PILOT PROJECTS.—Section 1118(c) of gressional Budget and Impoundment Control PRIATED SPENDING. title 31, United States Code, is amended by— Act of 1974.’’ (a) COMMITTEE ON APPROPRIATIONS RESOLU- (1) striking ‘‘and’’ after the semicolon in TION.—Section 302(b) of the Congressional paragraph (2); AMENDMENT NO. 397 Budget Act of 1974 is amended to read as fol- (2) redesignating paragraph (3) as para- On page 5, strike lines 13 through 20 and in- lows: graph (4); and sert the following: ‘‘(b) COMMITTEE SUBALLOCATIONS.— (3) adding after paragraph (2) the following: ‘‘(5) The term ‘‘targeted tax benefit’’ ‘‘(1) COMMITTEES ON APPROPRIATIONS.—(A) ‘‘(3) describe the framework to be utilized means any provision that has the practical As soon as practical after a concurrent reso- by the Director of the Office of Management effect of providing a benefit in the form of a lution on the budget is agreed to, the Com- and Budget, after consultation with the Sec- different tax treatment to a particular tax- mittee on Appropriations of each House retary of the Treasury, the Comptroller Gen- payer or a limited class of taxpayers, wheth- shall, after consulting with Committee on eral of the United States, and the Joint Com- er or not such provision is limited by its Appropriations of the other House, report to mittee on Taxation, for undertaking periodic terms to a particular taxpayer of a class of its House an original joint resolution on ap- analyses of the effects of tax expenditures in taxpayers. Such provision does not include: propriations allocations (referred to in the achieving performance goals and the rela- ‘‘(A) any benefit provided to a class of tax- paragraph as the ‘joint resolution’) that con- tionship between tax expenditures and payers distinguished on the basis of general tains the following: spending programs; and’’. demographic conditions such as income, ‘‘(i) A subdivision among its subcommit- (d) CONGRESSIONAL BUDGET ACT.—Title IV number of dependents, or marital status; or tees of the allocation of budget outlays and of the Congressional Budget Act of 1974 is ‘‘(B) any provision affecting the deductibil- new budget authority allocated to it in the amended by adding at the end thereof the ity of mortgage interest on ownership of oc- joint explanatory statement accompanying following: cupied residences.’’ the conference report on such concurrent ‘‘TAX EXPENDITURES At the appropriate place insert the follow- resolution. ‘‘SEC. 408. It shall not be in order in the ing: ‘‘(ii) A subdivision of the amount with re- House of Representatives or the Senate to SEC. . ANNUAL PERFORMANCE PLANS AND RE- spect to each such subcommittee between consider any bill, joint resolution, amend- PORTS AND PILOT PROJECTS. controllable amounts and all other amounts. ment, motion, or conference report that con- (a) BUDGET CONTENTS AND SUBMISSION TO The joint resolution shall be placed on the tains a tax expenditure unless the bill, joint CONGRESS.—Section 1105(a) of title 31, United calendar pending disposition of such joint resolution, amendment, motion, or con- States Code, is amended by adding at the end resolution in accordance with this sub- ference report provides that the tax expendi- the following paragraph: section. March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4291 ‘‘(B)(i) Except as provided in clause (ii), tion 601(a)(2) for the fiscal year covered by EXON AMENDMENT NO. 402 the provisions of section 305 for the consider- the bill and the 4 succeeding fiscal years. Mr. EXON proposed an amendment to ation in the Senate of concurrent resolutions ‘‘(2) CONFERENCE REPORTS.—(A) It shall not on the budget and conference reports thereon be in order to consider a conference report amendment No. 347 proposed by Mr. shall also apply to the consideration in the on an appropriations bill that contains a pro- DOLE to the bill, S. 4, supra; as follows: Senate of joint resolutions reported under vision reducing subcommittee allocations At the end of the matter proposed to be in- this paragraph and conference reports there- and discretionary spending included in both serted, insert the following: on. the bill as passed by the Senate and the SEC. . ‘‘(ii)(I) Debate in the Senate on any joint House of Representatives if such provision (a) Not later than 45 days of continuous resolution reported under this paragraph, provides reductions in such allocations and session after the President vetoes an appro- and all amendments thereto and debatable spending that are less than those provided in priations measure or an authorization meas- motions and appeals in connection there- the bill as passed by the Senate or the House ure, the President shall— with, shall be limited to not more than 20 of Representatives. (1) with respect to appropriations meas- hours. ‘‘(B) It shall not be in order in the Senate ‘‘(II) The Committee on Appropriations ures, reduce the discretionary spending lim- or the House of Representatives to consider its under section 601 of the Congressional shall manage the joint resolution. a conference report on an appropriations bill ‘‘(C) The allocations of the Committees on Budget Act of 1974 for the budget year and that does not include a reduction in sub- each out year by the amount by which the Appropriations shall not take effect until committee allocations and discretionary the joint resolution is enacted into law. measure would have increased the deficit in spending in compliance with subparagraph each respective year; ‘‘(2) OTHER COMMITTEES.—As soon as prac- (A) contained in the bill as passed by the ticable after a concurrent resolution on the (2) with respect to a repeal of direct spend- Senate and the House of Representatives.’’. budget is agreed to every committee of the ing, or a targeted tax benefit, reduce the bal- ances for the budget year and each outyear House and Senate (other than the Commit- SEC. 4. SECTION 602(b) ALLOCATIONS. under section 252(b) of the Balanced Budget tees on Appropriations) to which an alloca- Section 602(b)(1) of the Congressional and Emergency Deficit Control Act of 1985 by tion was made in such joint explanatory Budget Act of 1974 is amended to read as fol- the amount by which the measure would statement shall, after consulting with the lows: have increased the deficit in each respective committee or committees of the other House ‘‘(1) SUBALLOCATIONS BY APPROPRIATIONS year. to which all or part of its allocation was COMMITTEES.—The Committee on Appropria- (b) Exceptions: made— tions of each House shall make allocations ‘‘(A) subdivide such allocation among its (1) This section shall not-apply if the ve- under subsection (a)(1)(A) or (a)(2) in accord- toed appropriations measure or authoriza- subcommittees or among programs over ance with section 302(b)(1).’’. which it has jurisdiction; and tion measure becomes law, over the objec- ‘‘(B) further subdivide the amount with re- tions of the President, before the President spect to each subcommittee or program be- orders the reduction required by subsections tween controllable amounts and all other ABRAHAM AMEMDMENT NO. 401 (a)(1) or (a)(2). amounts. (Ordered to lie on the table.) (2) If the vetoed appropriations measure or authorization measure becomes law, over the Each such committee shall promptly report Mr. ABRAHAM submitted an amend- objections of the President, after the Presi- to its House the subdivisions made by it pur- ment intended to be proposed by him dent has ordered the reductions required by suant to this paragraph.’’. to amendment No. 347 by Mr. DOLE to subsections (a)(1) or (a)(2), then the Presi- (b) POINT OF ORDER.—Section 302(c) of the the bill, S. 4, supra; as follows: dent shall restore the discretionary spending Congressional Budget Act of 1974 is amended limits under section 601 of the Congressional by striking ‘‘such committee makes the allo- On page 3, line 17, strike everything after word ‘‘measure’’ through the word ‘‘gen- Budget Act of 1974 or the balances under sec- cation or subdivisions required by’’ and in- tion 252(b) of the Balanced Budget and Emer- serting ‘‘such committee makes the alloca- erally’’ on page 4, line 14, and insert the fol- lowing in its place: gency Deficit Control Act of 1985 to reflect tion or subdivisions in accordance with’’. the positions existing before the reduction ‘‘first passes both Houses of Congress in the (c) ALTERATION OF ALLOCATIONS.—Section ordered by the President in compliance with same form, the Secretary of the Senate (in 302(e) of the Congressional Budget Act of 1974 subsection (a). is amended to read as follows: the case of a measure originating in the Sen- ‘‘(e) ALTERATION OF ALLOCATIONS.— ate) or the Clerk of the House of Representa- f ‘‘(1) Any alteration of allocations made tives (in the case of a measure originating in under paragraph (1) of subsection (b) pro- the House of Representatives) shall NOTICES OF HEARING posed by the Committee on Appropriations disaggregate the bill into items and assign COMMITTEE ON ENERGY AND NATURAL of either House shall be subject to approval each item a new bill number. Henceforth RESOURCES as required by such paragraph. each item shall be treated as a separate bill Mr. MURKOWSKI. Mr. President, I to be considered under the following sub- ‘‘(2) At any time after a committee reports would like to announce for the infor- the allocations required to be made under sections. subsection (b)(2), such committee may report ‘‘(2) A bill that is required to be mation of the Senate and the public to its House an alteration of such alloca- disaggregated into separate bills pursuant to that an oversight hearing has been tions. Any alteration of such allocations subsection (a)— scheduled before the full Committee on must be consistent with any actions already ‘‘(A) shall be disaggregated without sub- Energy and Natural Resources to con- taken by its House on legislation within the stantive revision, sider the nomination of Daniel R. committee’s jurisdiction.’’. and Glickman to be Secretary of Agri- SEC. 3. AMENDMENTS TO APPROPRIATIONS BILL. ‘‘(B) shall bear the designation of the culture. Section 302 of the Congressional Budget measure of which it was an item prior to The hearing will take place Tuesday, Act of 1974 is amended by— such disaggregation, together with such March 28, 1995, at 9:30 a.m. in room SD– (1) redesignating subsection (g) as sub- other designation as may be necessary to section (h); and distinguish such measure from other meas- 366 of the Dirksen Senate Office Build- (2) inserting after subsection (f) the follow- ures disaggregated pursuant to paragraph (1) ing in Washington, DC. ing: with respect to the same measure. Those who wish to submit written ‘‘(g) AMENDMENTS TO APPROPRIATIONS ACT ‘‘(b) The new bills resulting from the statements should write to the Com- REDUCING ALLOCATIONS.— disaggregation described in paragraph 1 of mittee on Energy and Natural Re- ‘‘(1) FLOOR AMENDMENTS.—Notwithstanding subsection (a) shall be immediately placed sources, U.S. Senate, Washington DC. any other provision of this Act, an amend- on the calendar of both Houses. They shall 20510. For further information, please ment to an appropriations bill shall be in be the next order of business in each House call Mark Rey at (202) 224–2878 or order if— and they shall be considered and voted on en ‘‘(A) such amendment reduces an amount bloc and shall not be subject to amendment. Camille Heninger at (202) 224–5070. of budget authority provided in the bill and A motion to proceed to the bills shall be SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT reduces the relevant subcommittee alloca- nondebatable. Debate in the House of Rep- MANAGEMENT AND THE DISTRICT OF COLUMBIA tion made pursuant to subsection (b)(1) and resentatives or the Senate on the bills shall Mr. COHEN. Mr. President, I wish to the discretionary spending limits under sec- be limited to not more than 1 hour, which announce that the Subcommittee on tion 601(a)(2) for the fiscal year covered by shall be divided equally between the major- Oversight of Government Management the bill; or ity leader and the minority leader. A motion and the District of Columbia, Commit- ‘‘(B) such amendment reduces an amount further to limit debate is not debatable. A of budget authority provided in the bill and motion to recommit the bills is not in order, tee on Governmental Affairs, will hold reduces the relevant subcommittee alloca- and it is not in order to move to reconsider a hearing on Tuesday, March 28, 1995, tion made pursuant to subsection (b)(1) and the vote by which the bills are agreed to or on reducing the cost of Pentagon travel the discretionary spending limits under sec- disagreed to.’’ processing. The hearing will be at 9:30 S 4292 CONGRESSIONAL RECORD — SENATE March 21, 1995 a.m., in room 342 of the Dirksen Senate ergy and Natural Resources be granted dence that the Brady law, which went Office Building. permission to meet during the session into effect just over 1 year ago, is doing f of the Senate on Tuesday, March 21, exactly what its proponents had antici- 1995, for purposes of conducting a sub- pated: keeping guns out of the hands of AUTHORITY FOR COMMITTEES TO committee hearing which is scheduled criminals. MEET to begin at 10 a.m. The purpose of the Today I would like to add to this the COMMITTEE ON AGRICULTURE, NUTRITION, AND hearing is to receive testimony on S. results of two other studies which fur- FORESTRY 92, a bill to provide for the reconstitu- ther attest to the effectiveness of the Mr. COATS. Mr. President, I ask tion of outstanding repayment obliga- Brady law. These studies, one con- unanimous consent that the Commit- tions of the Administrator of the Bon- ducted by the Federal Bureau of Alco- tee on Agriculture, Nutrition, and For- neville Power Administration for the hol, Tobacco and Firearms, and the estry be allowed to meet during the appropriated capital investments in other by CBS News, found that back- session of the Senate on Tuesday, the Federal Colombia River Power Sys- ground checks mandated by the law March 21, at 9:30 a.m., in SDG–50, to tem. have prevented as many as 45,000 peo- discuss the confirmation of agriculture The PRESIDING OFFICER. Without ple from illegally purchasing firearms. Secretary-designee Daniel Robert objection, it is so ordered. This is no mean achievement. And it Glickman. SUBCOMMITTEE ON INTERNATIONAL FINANCE is only one of the benefits the Brady The PRESIDING OFFICER. Without Mr. COATS. Mr. President, I ask law has brought us. By substantially objection, it is so ordered. unanimous consent that the Sub- raising the fee for a Federal Firearms COMMITTEE ON COMMERCE, SCIENCE, AND committee on International Finance of License, the law has also caused a sig- TRANSPORTATION the Committee on Banking, Housing, nificant decline in the number of li- Mr. COATS. Mr. President, I ask and Urban Affairs be authorized to censed firearms dealers, which by 1993 unanimous consent that the Senate meet during the session of the Senate had reached an astounding 284,000. Few Committee on Commerce, Science, and on Tuesday, March 21, 1995, to conduct are aware that prior to the Brady law, Transportation be authorized to meet a hearing on U.S. and Foreign Commer- one could obtain a 3-year Federal Fire- on March 21, 1995, at 9:30 a.m., on tele- cial Service. arms License for just $30. Thanks to communications policy reform/cable The PRESIDING OFFICER. Without the Brady law, which raised that fee to rates, broadcast and foreign ownership. objection, it is so ordered. $200, the number of federally licensed The PRESIDING OFFICER. Without SUBCOMMITTEE ON READINESS dealers has decreased by some 60,000 in objection, it is so ordered. Mr. COATS. Mr. President, I ask just 1 year. COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Sub- Mr. President, the Brady law will not Mr. COATS. Mr. President, I ask committee on Readiness of the Com- in itself cure the problem of gun vio- unanimous consent that the Commit- mittee on Armed Services be author- lence. But it is an important step in tee on Foreign Relations be authorized ized to meet at 2:30 p.m., on Tuesday, the right direction and it proves that to meet during the session of the Sen- March 21, 1995, in open session, to re- we can make a difference in this fight.∑ ceive a report on military capabilities ate on Tuesday, March 21, 1995, at 10 f a.m., to hold a hearing on S. 5 and H.R. and readiness. The PRESIDING OFFICER. Without 7. BETHEL COLLEGE WINS NATIONAL objection, it is so ordered. The PRESIDING OFFICER. Without BASKETBALL CHAMPIONSHIP objection, it is so ordered. SUBCOMMITTEE ON TAXATION AND IRS Mr. COATS. Mr. President, while the COMMITTEE ON FOREIGN RELATIONS OVERSIGHT ∑ U.S. Senate discusses the most impor- Mr. COATS. Mr. President, I ask Mr. COATS. Mr. President, I ask tant issues facing our Nation, I rise unanimous consent that the Commit- unanimous consent that the Sub- today to talk about another issue that tee on Foreign Relations be authorized committee on Taxation and IRS Over- is near and dear to the hearts of the to meet during the session of the Sen- sight of the Finance Committee be per- people in my State of Indiana. The ate on Tuesday, March 21, 1995, at 2 mitted to meet Tuesday, March 21, Hoosier love for basketball has been p.m., to hold a hearing on S. 5 and H.R. 1995, beginning at 10:30 a.m., in room captured on film and in folklore, and 7. SD–215, to conduct a hearing on the ad- another chapter has been added to this The PRESIDING OFFICER. Without ministration’s proposal to impose cap- rich Hoosier basketball history. objection, it is so ordered. ital gains tax on individuals who re- nounce their U.S. citizenship. Bethel College, located in SPECIAL COMMITTEE ON AGING The PRESIDING OFFICER. Without Mishawaka, IN, captured the NAIA Di- Mr. COATS. Mr. President, I ask objection, it is so ordered. vision II Men’s Basketball National unanimous consent that the Special f Championship. And this was no ordi- Committee on Aging be authorized to nary title game. The Pilots truly have meet during the session of the Senate ADDITIONAL STATEMENTS added another thrilling page to the on Tuesday, March 21, 1995, at 9:30 a.m., State of Indiana’s basketball tradition. to hold a hearing on the topic of health The Bethel College Pilots played the care fraud. HOMICIDES BY GUNSHOT IN NEW championship game on the home court The PRESIDING OFFICER. Without YORK CITY of their worthy opponent, Northwest objection, it is so ordered. ∑ Mr. MOYNIHAN. Mr. President, I rise Nazarene College. Just when it looked SUBCOMMITTEE ON AGING today, as I have done each week of the like the game was lost, Bethel senior Mr. COATS. Mr. President, I ask 104th Congress, to announce to the Sen- Mark Galloway drilled a 3-point shot at unanimous consent that the Sub- ate that during the past week, 10 peo- the buzzer, sending the contest into committee on Aging of the Committee ple were murdered by gunshot in New overtime. Bethel then controlled the on Labor and Human Resources be au- York City, bringing this year’s total to overtime, winning the national cham- thorized to meet for a hearing on 130. pionship by a score of 103–95. bringing title III into the 21st century, Three weeks ago, I shared with the Along with his exciting game-saving during the session of the Senate on Senate a letter from Sarah Brady, shot, Mark Galloway finished as Bethel Tuesday, March 21, 1995 at 10 a.m. chairman of Handgun Control, Inc., and College’s all-time leading scorer with The PRESIDING OFFICER. Without wife of James Brady, the former White 2,622 points. objection, it is so ordered. House Press Secretary who was criti- Mr. President, the Bethel College Pi- SUBCOMMITTEE ON ENERGY PRODUCTION AND cally wounded in the assassination at- lots, coached by Mike Lightfoot, fin- REGULATION tempt against President Reagan. The ished the season with a 16-game win- Mr. COATS. Mr. President, I ask letter contained the results of a joint ning streak and a record of 38–2, the unanimous consent that the Sub- study by the International Association best in school history. I know I speak committee on Energy Production and of Chiefs of Police and Handgun Con- for all basketball fans in Indiana when Regulation of the Committee on En- trol, Inc., providing convincing evi- I salute the Pilots, and congratulate March 21, 1995 CONGRESSIONAL RECORD — SENATE S 4293 Bethel College for their exciting cham- Whereas March 25, 1995, marks the 174th UNANIMOUS-CONSENT AGREEMENT anniversary of the beginning of the revolu- pionship season.∑ Mr. MCCAIN. Mr. President, I now tion which freed the Greek people from the f Ottoman Empire; and ask unanimous consent that notwith- Whereas it is proper and desirable to cele- standing the provisions of rule XXII, GREEK INDEPENDENCE DAY brate with the Greek people, and to reaffirm the cloture vote on the Dole substitute Mr. McCAIN. Mr. President, I ask the democratic principles from which our amendment to S. 4 occur at the hour of unanimous consent that the Judiciary two great nations were born: Now, therefore, 6 p.m. with the mandatory live quorum Committee be discharged from further be it being waived. consideration of Senate Resolution 79, Resolved, That March 25, 1995, is designated The PRESIDING OFFICER. Without a resolution introduced by Senators as ‘‘Greek Independence Day: A National objection, it is so ordered. Day of Celebration of Greek and American SPECTER and LAUTENBERG regarding f Greek Independence Day; further, that Democracy’’. The President is requested to issue a proclamation calling upon the people ORDER OF PROCEDURE the Senate proceed to its immediate of the United States to observe the day with consideration, that the resolution and appropriate ceremonies and activities. Mr. MCCAIN. For the information of preamble be agreed to, the motion to my colleagues, although the cloture reconsider be laid upon the table, and f vote on the majority leader’s sub- that any statements relating to the stitute amendment will occur at 6 p.m. resolution be placed at the appropriate ORDERS FOR WEDNESDAY, MARCH tomorrow, other amendments will be place in the RECORD. 22, 1995 offered throughout the day. Therefore, The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, I ask rollcall votes can be expected. The Sen- objection, it is so ordered. unanimous consent that when the Sen- ate has reached an agreement with re- So the resolution (S. Res. 79) was ate completes its business today, it spect to the Bradley amendment for a agreed to. stand in recess until the hour of 9:30 total of 45 minutes beginning at 10:30 The preamble was agreed to. a.m.; therefore, a vote can be expected a.m. on Wednesday, March 22, 1995; that The resolution, with its preamble, is prior to 12 noon. as follows: following the prayer, the Journal of the proceedings be deemed approved to f S. RES. 79 date, the time for the two leaders be RECESS UNTIL 9:30 A.M. Whereas the ancient Greeks developed the reserved for their use later in the day; TOMORROW concept of democracy, in which the supreme that the Senate then immediately re- power to govern was invested in the people; Mr. MCCAIN. Mr. President, if there sume consideration of S. 4, the line- Whereas the Founding Fathers of the Unit- is no further business to come before item veto bill, and further, that at that ed States of America drew heavily upon the the Senate, I now ask that the Senate political experience and philosophy of an- time Senator THOMAS be recognized to stand in recess under the previous cient Greece in forming our representative speak and manage up to 60 minutes. order. democracy; The PRESIDING OFFICER. Without Whereas these and other ideals have forged There being no objection, the Senate, a close bond between our two nations and objection, it is so ordered. at 9:08 p.m., recessed until, Wednesday, their peoples; March 22, 1995, at 9:30 a.m. March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 635 EXTENSIONS OF REMARKS

THE COMPETITIVE CONSUMER charges for devices are kept separate from Jesse is an ideal role model for the Pacific ELECTRONICS AVAILABILITY the charges for its system services. The Com- Islander community. Much of his off-season ACT OF 1995 mission would also be empowered to grant time is dedicated to working with youth. He is waivers, for a limited time, to system operators a junior youth leader at the Dominguez Con- HON. THOMAS J. BLILEY, JR. who are introducing new services. gregational Church and a valuable ally in the OF VIRGINIA In introducing and working for the passage antidrug campaign, as an ardent supporter of IN THE HOUSE OF REPRESENTATIVES of this legislation, I do not mean to disregard the just say no to drugs effort. Tuesday, March 21, 1995 the very reasonable concerns of system oper- Mr. Speaker, it is with pride that I rise to ators, such as cable TV companies, to deliver recognize the accomplishments of Jesse Mr. BLILEY. Mr. Speaker, I am pleased to to each consumer only the level of service that Sapolu and I ask my colleagues to join me in introduce the Competitive Consumer Elec- has been purchased, and to protect the secu- saluting him. tronics Availability Act of 1995. This legislation rity of their systems. But this is 1995, not f would require the Federal Communications 1965. I cannot accept the notion that to ac- Commission to take affirmative steps to pro- commodate these concerns it is necessary to A HISTORIC PARTNERSHIP mote competition in set-top boxes and other convey a monopoly on any consumer elec- new technologies that will give consumers ac- tronics devices, any more than previous Con- cess to the national information infrastructure HON. THOMAS J. MANTON gresses and Commissions should have ac- OF NEW YORK [NII]. Pursuant to this legislation, Commission cepted the notion that our telephone system IN THE HOUSE OF REPRESENTATIVES regulations will assure that converter boxes, would fall apart if consumers would hook up interactive communications devices, and other their own devices. Tuesday, March 21, 1995 customer premises equipment be available on Mr. Speaker, the American public wants and Mr. MANTON. Mr. Speaker, I rise today to a competitive basis from manufacturers, retail- deserves to play a direct role in forming a na- share with my colleagues some remarks re- ers, and other vendors who are not affiliated tional information infrastructure. One need cently delivered by the Honorable Raymond L. with the operators of telecommunications sys- only look at the enormous and growing partici- Flynn, the U.S. Ambassador to the Vatican. tems, as is the case in our telephone system pation and influence of individuals in the In his statement, the Ambassador reflects today. Internet to see this. It would be foolish and on the United States moral obligation to help It is fashionable to talk about telecommuni- shortsighted not to allow consumers to select end suffering of our fellow men. I agree that cations reform in terms of opening interfaces or own the very devices that will open up so this ethical consideration, to help where we between networks or modes of communica- much of the NII to them. Consumers deserve can, and lead by example, should be the cor- tion. But the one area that ought to be a prior- to be able to evaluate and select competing nerstone of our Nation's foreign policy. As my ity is the consumer interfaceÐhow our con- products at retail, side by side. Their freedom colleagues are no doubt aware, the Holly See stituents will actually be connected to these to do so is a core strength of our economy. has demonstrated great leadership in the fight new networks. So far we have two modelsÐ Mr. Speaker, I believe we will have tele- for freedom from all types of oppression. I the telephone system, where there is a free communications reform this year, and I will commend his speech, ``the United States and and competitive market in making and selling work to achieve this goal. But we cannot fail the Holy See: A Historic Partnership'' to my network access devices to consumers; and to address the most important interface, the colleagues' attention. cable television, where the consumer has en- consumer interface. I, therefore, ask my col- joyed little choice or selection in devices. The THE UNITED STATES AND THE HOLY SEE: A leagues to join me in supporting the Competi- HISTORIC PARTNERSHIP . . . FROM THE PO- Competitive Consumer Electronics Availability tive Consumer Electronics Availability Act of TOMAC TO THE TIBER Act seeks to ensure that we follow the com- 1995. Delivering humanitarian assistance to the Third petitive market model rather than the monop- World: the Necessity to act oly model. f The United States and the Vatican are de- I want to be clear that this legislation does HONORING JESSE SAPOLU veloping an important partnership, one not address the internal operating systems or based on common interest, cooperation and functions of set-top boxes or other devices. I coordination. This partnership has the capa- have no intention of inviting or allowing the HON. ESTEBAN EDWARD TORRES bility to become a prominent feature of the Commission to regulate the competitive fea- OF CALIFORNIA post cold-war world where the ability to achieve results in the international arena tures of computers. What the legislation does IN THE HOUSE OF REPRESENTATIVES address is simply the question of accessÐal- may be based as much on moral concerns as lowing these devices, however they operate or Tuesday, March 21, 1995 on military and economic alliances. Many are not aware of the relationship be- are configured, whether they are separate or Mr. TORRES. Mr. Speaker, I rise today to tween the U.S. and the Vatican, so let me re- built into TV's or personal computers, to con- recognize Mr. Jesse Sapolu an accomplished view some of the highlights of our productive nect to the NII. A consumer should be able to individual who has devoted much of his pri- relationship over the past 11 years of official choose one the same way he or she chooses vate life to working with the youth of his com- diplomatic relations. First I would like to other products, by going to the store, compar- munity. Jesse also is a National Football discuss a crucial issue for U.S. foreign pol- ing the quality, features, and price, and buying League all-pro lineman for the 1994±95 world icy: the moral commitment we have as a na- or renting the best one. champion San Francisco 49ers football team. tion to help those most in need. The legislation does not specify any one Following his 1979 graduation from Har- We hear outrageous statements in Con- gress about the trillions of dollars of foreign means or technology by which the Commis- rington High School in Hawaii, Jesse attended aid being tossed down Third World ratholes. sion must move from local monopoly to na- the University of Hawaii where his football ca- There is a major debate in Washington today tional competition. Finding the best way is reer was marked by many outstanding accom- about whether to cut the foreign aid that what the Commission's public notice and com- plishments both on and off the field. In 1983, goes to feed the hungry and clothe the naked ment process is for. With the aid of the world's Jesse was drafted by the 49ers. Over the past in some of the poorest places in the world. most competitive telecommunications and 13 seasons, Jesse has been a consistent per- What many Americans do not realize is that computer industries, and a huge market beg- former and contributor to the San Francisco we spend less than one half of one percent of ging for innovation, the Commission can rely 49ers dominance of professional football. He the federal budget on foreign aid and even less on the part of foreign aid that goes to- on the private sector to identify the best an- has been an integral part of the 49ers four ward humanitarian assistance. That is not swers. Super Bowl victories and for his excellence on too much. If anything, it’s too little. I also want to stress that this legislation the field of play he has been rewarded by his Foreign aid to help poor and developing would not stop a system operator from con- selection as an all-pro center in 1993 and countries is not only morally correct but tinuing to offer access devices, so long as the guard in 1994. makes sound U.S. policy. A small amount of

∑ 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 636 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 money goes a long way and can mean the dif- over $1.7 billion and the lives of 132 peace- support. My charge from the President, how- ference between life and death. American in- keepers, some American but most Pakistani. ever, is to pursue cooperation with the terests are better served when countries and On the other hand, we have to consider what Catholic Church because of my position at regions are stable. The U.S. throughout its might have been the consequences of our the Holy See, which is why I limit my dis- history has often been isolationist when it non-action: possibly a million or more people cussion here to that topic. has come to getting involved in the world’s dead of starvation. Can and should the U.S.— I have already discussed the conscientious problems. But if we don’t, we will be dealing the only superpower with the wherewithal to efforts of U.S. humanitarian assistance mis- with famine, disease and possible military stop a famine in Somalia—risk U.S. lives and sions to deliver needed food, medicine and intervention later on. I don’t need to remind resources to stop widespread death? We supplies around the world. But I have also you of the problems the U.S. has encoun- chose not to do so in Rwanda. We have cho- seen the problems with aid deliveries on my tered in its temporary, fitful withdrawals sen not to do so in Liberia and Sierra Leone. visits to the Third World. For example, on from the world community throughout its It comes down to a moral question: what is my Presidential mission to India in October, history. the greater good? I think that America—the 1993, to lead the U.S. relief effort following Like it or not, there is a moral dimension only super power—has the duty to act, and I the devastating earthquakes there, I ob- to foreign policy. Children dying of mal- think it is in our interest to do so. We are served a disturbing problem with the organi- nutrition and disease are moral concerns of not truly ourselves unless we act to save in- zation of the aid delivery: no one brought the U.S. We can’t and shouldn’t ignore this. nocent lives. emergency housing provisions or some key When President Clinton nominated me to There’s still a crisis in Africa ... medical supplies for children. International be the U.S. Ambassador to the Holy See two donors sent food and water purification sys- years ago, the President told me he wanted Starvation is again looming over the Afri- can continent. Recent reports indicate that tems, but not one of the most basic neces- me to work closely with the Catholic Church sities for the newly homeless Indians, tem- on issues of social and economic justice. As the coming famine could be worse than those experienced over the past few years, when porary shelters. This illustrated to me two part of this role, I have traveled widely to problems: first, while there was obviously co- visit some of the most desperate places on aid donors often—because of ignorance of what was happening—responded too late to ordination of aid delivery country-by-coun- earth both to highlight the problems in as try, there was not adequate coordination on well as consult with Catholic charities and the crises. The international humanitarian group CARE estimates that almost 30 mil- the international level to make sure that the other humanitarian aid organizations on needed supplies were sent and the needed co- how well aid was being delivered to these lion people are at risk in the Horn of Africa ordination took place. Second, many of the areas. Over the past many months, I have alone. Many organizations are working now resources for getting information about what been to India, Sudan, Haiti, Somalia, Kenya, to battle ‘‘compassion fatigue’’ among the was needed at an early stage were not used, Uganda, Croatia, Sarajevo, Burundi, and rich donor countries. One way we should be meaning the people on the ground were hav- Rwanda and have seen for myself humani- able to fight this is through coordination be- ing a hard time telling international donors tarian crises occurring in these countries. I tween the U.S. government, private char- what would be most useful. The UN does a have also seen, though, the fine work of the ities, and the Catholic Church. We need to lot of coordination, as do international char- Catholic and other charities in the places I keep the response to a possible African fam- ities and individual countries, but I won- have visited, including that of Catholic Re- ine focused and organized and convince the dered as I left India if it could not be done lief Services, Caritas, Doctors Without Bor- international community of this critical ef- better. ders, and many other groups across the reli- fort. gious and social spectrum. As one who has visited most of the coun- The initiative takes shape tries in Africa which are faced with famine, The world’s media are interested in these One way to work on the better coordina- I want to sound a strong warning bell to the places for a few weeks or months. But then tion of aid—and to make sure that aid gets international community that chaos, devas- a new story comes along and the continuing to the people who need it most at the least tation, and death are at their door. Will it be crisis becomes yesterday’s news. The tele- cost—is through a partnership between the on our conscience? vision cameras leave and people still starve. U.S. and Catholic and other charities. The We need a way to keep the world’s attention U.S.-Vatican partnership Holy See, which has often been called the focused on these troubled places, but we also At this point, you might fairly ask, what is ‘‘world’s listening post,’’ can help supply need to read about the great successes that the U.S. Ambassador to the Vatican doing useful data in our efforts to respond more ef- are achieved by these humanitarian organi- speaking out on these things? Part of the an- fectively to international disasters. zations or donor fatigue will set in. To read swer is that humanitarian issues have al- On December 2, 1994, President Clinton the paper these days is to read of failures— ways been in the forefront of my work wrote to Pope John Paul II, offering a closer in Somalia, Rwanda, Sudan. It’s partly true throughout my public life. I’ll never forget collaboration between the U.S. government but does not touch on the successes: the my parents, a dockworker and a cleaning and the Vatican to better alleviate the work of aid organizations to keep people lady, response when I asked them why they ‘‘human suffering in a world with too many alive. put money in the Church poor box every man-made and natural disasters.’’ In his let- The African example: The forgotten continent week despite our modest means, ‘‘we’re not ter to the Holy Father, the President des- Involvement by the U.S. in Africa during as poor as some people,’’ they said, ‘‘we have ignated me as his direct representative on the past two years has in the public’s eye, our health and a roof over our heads.’’ We all this initiative with the Vatican. The Pope centered largely on Somalia. There has been need to remember that there are many peo- welcomed the initiative in his written re- a lot of talk recently in the press and among ple, particularly in the Third World, that are sponse to the President and named Cardinal politicians about the ‘‘failure of our mission desperate for the basic necessities to live and Roger Etchegaray, president of the pontifical in Somalia.’’ I was in Somalia while oper- we cannot abandon them. My position at the council Cor Unum (which coordinates the hu- ation ‘‘Restore Hope’’ was underway and saw Vatican and my instructions from President manitarian assistance of the Vatican and what it made possible for relief workers of Clinton to focus on humanitarian issues dur- Catholic charities around the world) as his many nations to do under the protection of ing my tenure here have led to a natural point man on the issue. U.S. and UN troops. The peace they brought partnership with the Vatican on developing I met with Cardinal Etchegaray at the end to Baidoa had dramatic humanitarian con- better ways to deliver aid. From my unique of January. I presented him with a proposal sequences. Baidoa as called the ‘‘City of position as the U.S. Ambassador to the Holy from Brian Atwood, the Director of the U.S. death’’, where thousands had died of starva- See I have looked around me to see what Agency for International Development (U.S. tion and hundreds of thousands more were contribution this Embassy could make to AID) to share with the Vatican situation re- expected to die in the near future. You re- helping those in the most distressed places ports on U.S. assistance missions and reports member the pictures on CNN during Decem- in the world. By combining the resources of from its recently-created Famine Early ber 1992. And Baidoa was not unique. The the world’s remaining superpower—the Warning System. U.S. AID also offered to re- famine caused by the ravages of the warlords U.S.—with the force of the world’s moral su- view jointly with the Vatican our various prevented crops from being planted and food perpower—the Holy See—we will be able to emergency responses, with a view to improv- being distributed. Without operation ‘‘Re- contribute to getting aid to where it is need- ing future reactions to emergencies. store Hope’’ millions would have died. ed most because of the complementary re- Cardinal Etchegaray welcomed our propos- A lot of people are saying that it is the re- sources of the U.S. government, the Catholic als to share information and coordinate the sponsibility of Somalis to put their own Church, and their respective aid organiza- delivery of assistance around the world. He country in order, and that no peace can be tions. The goal is not original, but the way told me that Catholic charities, because of imposed from outside. I agree completely. to achieve it is. The U.S. and the Catholic their extensive network of workers in the Nor do I think it constructive to discuss how Church, through its various charities, al- world’s trouble spots, would be able to share we might have conducted ‘‘Restore Hope’’ ready coordinate on an informal level in the information with the U.S. government. differently. many humanitarian assistance projects. This The Cardinal emphasized the Pope’s deep in- The moral question we need to face, and initiative does not exclude anyone or any terest in humanitarian concerns and pointed face squarely, is ‘‘Was Operation Restore group. In fact, Administration officials will to two institutes the Pope supports to pro- Hope the right thing to do? On one hand, we reach out to many private charities over the mote sustainable development in Latin have a 26-month operation that cost the UN next few months to solicit their ideas and America and sub-Saharan Africa. He offered March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 637 these as two constructive points of imme- analysis and urge my colleagues to read this a weak democracy and a weak police state, diate cooperation between the U.S. and the excellent piece: pluralistic and yet intolerant, pro-American Catholic Church. [From the Washington Post, Mar. 17, 1995] in its promise but anti-American in its I have also met regularly with Archbishop resentments. The public—its pride deflated WEIMAR RUSSIA Giovanni Cheli, Andre Nguyen Van Chau and its economic needs unmet—craves order (International Catholic Migration Commis- (By Charles Gati) at home and respect abroad. The authoritar- sion), Kenneth Hackett (Catholic Relief In his astute analysis of Russia’s predica- ian temptation is pervasive, and so is the Services), and with representatives of other ment [op-ed, Feb. 22], Peter Reddaway con- urge to be—and to be seen—as strong once respected emergency relief organizations to vincingly shows that President Boris Yeltsin again. pursue further avenues of cooperation be- has all but abandoned the course of reform The West may defer the day of reckoning, tween the U.S. and the Catholic Church. In he began in 1991. but it cannot obviate the Russians’ eventual March, I spent two hours with Mr. Hackett The point that needs to be added is that need to compensate for the humiliation that discussing the best way to anticipate politi- Yeltsin’s about-face is a symptom, not the is their present fate. cal and natural disasters so that aid can be cause, of Russia’s plight. As the transition f delivered early. The fine work of CRS should from one-party rule and the command econ- omy to today’s chaotic conditions has bene- be a model for what we can accomplish on a THE 150TH ANNIVERSARY OF THE larger scale, with more donors involved in fited few and alienated many, public support coordinating humanitarian assistance. for reform has yielded to pressure for re- PALLADIUM-TIMES The U.S. has financial resources and trenchment. logistical support to offer Catholic charities. In Moscow, members of the small biznis These charities, which receive direction from class can afford to rent a dacha for more HON. JOHN M. McHUGH the Vatican, are often an early warning sys- than $5,000 a month, eat out at a fashionable OF NEW YORK Swiss restaurant where the main course tem of their own, with key insights into IN THE HOUSE OF REPRESENTATIVES where crises will occur and how to prevent costs $40, and pay $3.25 for a slice of Viennese them in the first place. torte. By contrast, the vast majority of the Tuesday, March 21, 1995 Russian people, who earn less than $100 a The Moral imperative to act month if employed, are worse off than they Mr. MCHUGH. Mr. Speaker, I rise today to Charity begins at home, as the popular were under communism. recognize the Palladium-Times, the community saying goes. We are left—after all the discus- The nostalgia they feel for an improved newspaper of Oswego County, NY, on its sion and analysis in Congress, on the OP-ED version of the bad old days of order, however 150th anniversary as a daily. pages, on the Sunday talk shows—with oppressive, and the welfare state, however The newspaper traces its history to 1819, something that is often forgotten: we have a meager, is as understandable as it is unfortu- moral imperative to act to save people who when the Oswego Palladium began as a nate. They walk by Moscow’s elegant store- weekly newspaper, and to 1845, when the are starving and dying. We as a nation have fronts that display expensive Western-made always done this. To say that it should not goods priced in dollars, not in rubles, won- Oswego Daily Advertiser began daily publica- be part of foreign policy is to deny much of dering what has happened to their lives and tion. Its other predecessor, the Oswego what we are as a people and country. There to their country. They look for scapegoats at Times, interrupted its publication when its is no moral distinction to be made between home and abroad. owners went off to fight the Civil War. someone starving in New York and someone Showing disturbing similarities to Weimar As chance would have it, the Oswego Palla- starving in Sudan or Rwanda. We should at- Germany of the 1920s, Russia is a humiliated dium and Oswego Times ended up on the tempt to help both. country in search of direction without a same street in this city on the shores of Lake It is time to cut through the rhetoric and compass. It is smaller than it has been in say it clearly: we should be spending a por- three centuries. Both the outer empire in Ontario. However, when it became apparent tion of the federal budget—it’s only one half Central and Eastern Europe and the inner that neither paper could thrive while competing of one percent at present, which does not empire that was the Soviet Union are gone, in the marketplace, the two newspapers joined seem to me to be too high—to help those less and Moscow must now use force to keep even forces, and the Palladium-Times was created. fortunate than ourselves. It makes good Russia itself together. As its pitiful (and Mr. Speaker, few endeavors are more sig- moral, as well as foreign policy, sense. shameful) performance in Chechnya has nificant to an informed community than local That said, there are always ways to pro- shown, the military has been reduced to a journalism. Freedom of the press is a vital part vide aid more efficiently. By working to- ragtag army, with presumably unusable nu- gether, the U.S. and the Holy See can con- clear weapons. Four thousand five hundred of our heritage, reflecting the strong belief that tribute to the more effective utilization of rubles—worth more than $4,500 only a few only when people have access to the facts resources to help those in need. In Pope John years ago—are now gladly exchanged for one and a discussion of the issues are they able Paul II and President Clinton, we have a nat- dollar. For its very sustenance, Russia is at to participate fully in the democratic process. ural partnership in the concern for the poor, the mercy of the International Monetary History has shown that an independent and disadvantaged, and forgotten. Let’s build on Fund, which can palliate but surely cannot responsible press is essential to a free soci- that partnership to achieve concrete results. cure the country’s economic ills. ety, and the Oswego Palladium-Times, by Worse yet, Russia is deprived of pride and As I have said before, the U.S.-Vatican rela- demonstrating these qualities, has earned the tionship seems to be one made in heaven; but self-respect. There was a time, during World it’s nice also to see fruits of our labor to- War II, when the whole world admired the trust and loyalty of its readers throughout its gether here on earth. Soviet military for its extraordinary bold- 150 years of service. The men and women of ness and bravery. There was a time, in the f the Palladium-Times can take great pride in 1950s, when several ex-colonies of Asia this accomplishment. I join the people of CHARLES GATI ON A TROUBLED sought to emulate the Soviet model of rapid Oswego County, NY, in wishing the news- RUSSIA industrialization and when Soviet science paper many more years of success in this en- moved ahead of the United States in space research. There was a time, from the 1920s terprise so important to our democracy. HON. TOM LANTOS through the 1970s, when many—too many— f OF CALIFORNIA Western intellectuals and others believed IN THE HOUSE OF REPRESENTATIVES that Soviet-style communism was the wave THE INTRODUCTION OF PRIVATE of the future. And there was a time when Tuesday, March 21, 1995 LEGISLATION FOR THE RELIEF then-Foreign Minister Andrei Gromyko OF NGUYEN QUY AN AND Mr. LANTOS. Mr. Speaker, I urge my col- claimed that no significant issue in world NGUYEN NGOC KIM QUY leagues to take note of an excellent op-ed in politics could be settled without Moscow’s the Washington Post of March 17 by my good concurrence. To appreciate the present mood of letdown HON. NORMAN Y. MINETA friend and highly respected foreign policy ana- and frustration, imagine that our currency lyst, Charles Gati. As we reevaluate our rela- became all but worthless; that our stores OF CALIFORNIA tionship with Boris Yeltsin and a rapidly identified some of their wares in the Cyrillic IN THE HOUSE OF REPRESENTATIVES changing Russia, Charles Gati provides an in- rather than the Roman alphabet, showing valuable perspective on the internal disintegra- prices in rubles; that our political and eco- Tuesday, March 21, 1995 tion of Russian society and its effect on nomic life were guided by made-in-Moscow Mr. MINETA. Mr. Speaker, today I am intro- Yeltsin's ability to govern. While not making standards; and that our leaders were lectured ducing legislation to finally resolve the bureau- by patronizing foreign commissars about the excuses for the mistakes Yeltsin has made, need to stay the course in order to join their cratic nightmare in which a brave hero of the we must understand that, as Charles has put ‘‘progressive,’’ which is to say the com- Vietnam war, Maj. An Nguyen, has found him- it, ``Yeltsin's about-face [on reform] is a symp- munist, world. self. tom, not the cause, of Russia's plight.'' I com- In the final analysis, the condition of Wei- Major An is a decorated veteran of the mend Charles for his incisive and thoughtful mar Russia is alarming because it is at once South Vietnamese Air Force, decorated by the E 638 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 United States Pentagon. On January 17, and his daughter deserve permanent resi- scholarships to students in the Norwalk/La 1969, as a helicopter pilot during the Vietnam dency status, and the bill I am introducing Mirada Unified School District. Over the past war, Major An saved the lives of four United today will grant them that status. 16 years, Larry has organized and participated States servicemen. I would like to thank my good friend, Rep- in numerous academic field trips to Washing- The account of that incident shows clearly resentative LAMAR SMITH, the chair of the Im- ton, DC. For over 30 years, Larry has taught that this is an individual to whom this country migration and Claims Subcommittee of the Ju- our students how to be leaders in their com- owes a great debt. The June 4, 1969 an- diciary Committee for his help and the help of munity and the value of participating in our nouncement of the U.S. Military Assistance his staff in putting this bill together. democratic society. An energetic supporter Command's decision to award him the Distin- It is my hope that we can move this bill for- and backbone of the American Heritage Club guished Flying Cross stated: ward, but through the red tape which has en- has been superintendent Ginger Shattuck. On Captain An distinguished himself by heroic tangled Major An's case for so many years, March 18, the American Heritage Club dedi- action on 17 January 1969 while serving as and demonstrate our respect and admiration cated its 1995 luau to Ginger for her tireless Flight Leader and Aircraft Commander, for the noble self-sacrifice of this truly Amer- efforts and commitment to the club. Our com- 219th Squadron, 41st Wing, Vietnamese Air ican hero. I urge all my colleagues to join me munity is stronger and richer because of the Force. On that date, Captain An was called in that effort . upon to lead his flight deep into enemy held American Heritage Club's spirit of cultural and territory to insert a platoon of Special f intellectual enrichment. Mr. Speaker, it is with pride that I rise to Forces personnel into a bomb crater landing IN RECOGNITION OF ROBERT R. zone. His ship was taken under enemy auto- recognize the American Heritage Club for en- MCMILLAN matic weapons fire on his approach but he couraging so many young people to become steadfastly continued with this cargo of leaders and I ask my colleagues to join this troops. While he was a high orbit, one of the HON. GARY L. ACKERMAN salute. United States Army helicopters in his flight OF NEW YORK was hit in the fuel cell by a heavy caliber IN THE HOUSE OF REPRESENTATIVES f round during a climb from the jungle clear- Tuesday, March 21, 1995 ing. TWO WONDERFUL INSTITUTIONS Captain An sighted the burning helicopter Mr. ACKERMAN. Mr. Speaker, I rise today and entered a high speed dive to overtake it. to congratulate Mr. Robert R. McMillan on his As he flew next to his American comrades, appointment to Key Bank's board of directors. he accurately vectored them toward what HON. JOSEPH M. McDADE appeared to be a suitable forced landing Mr. McMillan is currently a partner in the law area. When he saw that ground obstacles firm of McMillan, Rather, Bennett & Rigano, OF PENNSYLVANIA would preclude a safe landing, he deftly ma- P.C. with offices located in Melville and Gar- IN THE HOUSE OF REPRESENTATIVES neuvered his aircraft and the Army heli- den City. copter away from the landing zone and During the course of his career, Mr. McMil- Tuesday, March 21, 1995 vectored them toward another jungle clear- lan has served as vice president for Avon Mr. MCDADE. Mr. Speaker, I rise today to ing. Products, Inc. and government relations advi- While the crippled ship was making its ap- commemorate two important milestones: The proach into the tall elephant grass, Captain sor for Mobile Oil. In addition he has been 150th anniversary of the founding of the Con- An, with complete disregard for is own safe- counsel to U.S. Senator Kenneth Keating, an gregation of the Sisters, Servants of the Im- ty, landed a scant few feet away. Here he honor graduate attorney in the antitrust divi- maculate Heart of Mary; and the 80th anniver- calmly awaited his beleaguered comrades sion of the U.S. Department of Justice and sary of Marywood College, the institution es- and directed his crew chief to cut a path to special assistant to Richard Nixon prior to his tablished by the Sisters in Scranton, PA. their ship. Presidency. Captain An’s heroic actions reflect great The Congregation of the Sisters, Servants In 1987, McMillan founded the Long Island of the Immaculate Heart of Mary was founded credit upon himself and the Armed Forces of Housing Partnership, Inc. of which he is cur- the Republic of Vietnam. in 1845 by a redemptorist priest and three rently chairman. Due to his work with the part- women led by Theresa Maxis Duchemin, the The testaments of the U.S. servicemen nership, he was named 1992 Entrepreneur of whose lives he saved are equally compelling. first African-American woman to become a the Year for the most socially responsible Catholic Sister. Their mission was directed to With a record such as this, one would think it company on Long Island. would be easy for Major An to do what he has service and to education, with a devotion to Mr. McMillan is an active member of our helping the poor, the oppressed, and the ne- sought to do for 20 years, immigrate to Amer- community, holding board positions with ica. glected. The Sisters established schools in Lumex, Inc., Empire Blue Cross-Blue Shield, many industrial areas, seeking to foster the Unfortunately, Major An's case does not fit Old Westbury Gardens and the Institute for neatly into the categories in which Vietnamese aspirations of working people's children. Community Development. For 5 years, Mr. In keeping with that mission, the Sisters es- refugees travel to the United States. McMillan was a member of the board of direc- U.S. law grants permanent residence to offi- tablished Marywood College in 1915 to pro- tors of the Panama Canal Commission, where vide opportunities in higher education to cers of the South Vietnamese Army who spent he served as chairman for 1993±94. In addi- at least three years in the so-called red-edu- women. Today a coeducational liberal arts col- tion, Mr. McMillan writes a weekly newspaper lege, Marywood College, continues to be guid- cation camps reestablished by the communist column and is cohost of the public affairs tele- regime. ed by the principles demonstrated by the Con- vision show ``Face-Off.'' gregation of the Sisters, Servants of the Im- Major An, however, did not spend 3 years in Mr. Speaker, it is my privilege and distinct the camps. In 1970, as part of another mis- maculate Heart of Mary. The college has pre- pleasure to bring Mr. Robert McMillan to the pared students to live responsibly in an inter- sion, he was wounded and both his arms were attention of my colleagues and hope they will amputated. When South Vietnam fell, he was dependent world, while fostering the knowl- join me in saluting Mr. McMillan for his dem- sent to the re-education camps. edge that a loving, personal God exists and onstrated commitment to our Long Island com- Unable to take care of himself because of that each person has a right to enjoy the world munity. his disability, he was expelled from the camp. that God has provided. Over the past two decades he has tried re- f Marywood College has diversified its pro- peatedly to come to the United States, but HONORING THE AMERICAN grams to help equip students for satisfying was captured each time. HERITAGE CLUB and productive careers. Numerous profes- Col. Noburo MasuokaÐUSAF, retiredÐcon- sional programs have been created toward tacted me on Major An's behalf in April 1992. HON. ESTEBAN EDWARD TORRES this goal, many of which are in the helping It took almost 2 years to get the necessary OF CALIFORNIA professions in keeping with the college's tradi- waivers and permission for him to leave Viet- IN THE HOUSE OF REPRESENTATIVES tion of service. Additionally, Marywood's four nam and come to the United States. But the schools address a variety of concerns like at- Clinton administration's decision to grant him Tuesday, March 21, 1995 tention to the needs of military families, edu- humanitarian parole, Major An and his daugh- Mr. TORRES. Mr. Speaker, I rise today to cation in advanced communications tech- ter Kim Ngoc Nguyen, arrived in the San Fran- recognize the American Heritage Club and the nologies, and ministry to regional migrant cisco Bay area in January 1994. club's faculty sponsor, Mr. Larry Wong, and workers. Unfortunately, Mr. Speaker, humanitarian school superintendent Ginger Shattuck. I have had the great pleasure of witnessing parole does not constitute permanent permis- Under Larry Wong's leadership, the Amer- the growth of this regional college into a re- sion to remain in the United States. Major An ican Heritage Club has provided hundreds of spected institution catering to a diversity of March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 639 students and their needs. As the college has rial Conference and Jewish culture represent- integral part of this country’s human land- grown, it has remained motivated by the per- ing Young Israel at the various meetings and scape. spective of the Sisters, Servants of the Im- conferences in Europe. In Israel he was one More than two decades have elapsed since their latter-day equivalent of Joshua, char- maculate Heart of Mary, who have given much of the founders of the World Conference of ismatic Ben-Ami Carter, arrived in Israel by to our Nation through their devotion to people Orthodox Jewish Synagogues and Kehilot way of Liberia with the Hebrew Israelite and to their faith. which then became a member in the World Zi- Community’s advance party. Mr. Speaker, I ask my colleagues to join me onist Organization. At the last Zionist Con- Now its adherents are centered in Dimona in honoring the Sisters, Servants of the Im- gress in Jerusalem he had the prestigious po- and have fellow believers in nearby Arad and maculate Heart of Mary, and the entire sition of chairing the plenary session on de- Mitzpe Ramon, two smaller development Marywood College family as we observe these mography. towns in the Negev desert. There is no com- landmark anniversaries. Apart from serving for over 15 years as paring the controversy and tension gen- erated by Carter’s outspoken debut in Israel. f chaplain in the New York State Guard, he He declared at the time that his followers served on the New York City Manpower Com- were the real descendants of the ancient He- CONGRATULATIONS TO YOUNG mission, the New York State Advisory Council brews and termed the predominant ISRAEL OF SHARON, MA on Human Rights, the New York State Advi- Ashkenazic Jews imposters. sory Council on Kosher Law Enforcement, the But the polemical phase of the black He- HON. BARNEY FRANK New York State Advisory Council on brew saga is far behind the sedate, self-con- fident residents of this neat corner of largely OF MASSACHUSETTS Consumer Protection, and the New York State Task Force on Problems of the Hasidic Com- North African city just up the road from the IN THE HOUSE OF REPRESENTATIVES top-secret nuclear reactor which has become munity. Recently, he was appointed to the Tuesday, March 21, 1995 an international synonym for Dimona. New York State Advisory Board on Govern- Carter made his peace with Israeli official- Mr. FRANK of Massachusetts. Mr. Speaker, ment Contracts to Nonprofit Agencies. dom, placed his followers under its legal ju- I am very pleased that on Saturday, March 25, Upon retirement after 50 years of service to risdiction, put his educational facilities I will have the honor of attending the 1995 din- the community, this indomitable personality under government supervision and fostered ner of the Young Israel of Sharon Synagogue. embarked upon a new career of lecturer and cultural contact with the Israeli public The theme of this dinner, acknowledging 23 chaplain at the New York College of Podiatric through music, sports and the mass media. years of the synagogue's existence, is com- Medicine, consultant to a health care facility The latest evidence that his policy gets the munity service and leadership. Since that is right results came when Israel’s equivalent and assistant to the president in a venture in- of social security, the National Security In- the theme that many of us in Washington are volving labor unions and health care. stitute, extended its coverage to his flock. trying to stress, I am especially pleased to at- Rabbi Sturm received over 40 awards and This means that the black Hebrews who tend an event in which people have been ex- citations from various national and inter- live and work in Israel will be eligible for emplifying this spirit in their own community. national organizations as well as Government old-age pensions, disability compensation, The dinner will honor Eleanor Herburger, a agencies. Mr. Speaker, I would like to take childbirth subsidies and cash allowances for vital and important citizen of Sharon who will this moment to ask my colleagues in the U.S. large families. be presented with a Shachain TovÐGood House of Representatives to join me in com- Last year, the ministry of the interior, NeighborÐAward for her varied and valued which had refused to recognize the Hebrew mending Rabbi Sturm for his tireless work. Israelite Community’s members as bonafide community service. Rabbi Meir Sendor and his f immigrants under the Law of the Return, congregation have a great deal of which to be granted them temporary residence permits proud. I am pleased to be able to call attention THE HEBREW ISRAELITE and dropped its charges that they were ille- here to their excellent work, and the model COMMUNITY IN ISRAEL gal immigrants who had overstayed their they present to so many others, and I am hon- entry visas and were candidates for deporta- ored that I will have a chance to be with them HON. LEE H. HAMILTON tion to the United States. to mark this great occasion. This move coincided with a U.S. grant of OF INDIANA $700,000 for the construction of a comprehen- f IN THE HOUSE OF REPRESENTATIVES sive public high school. Tuesday, March 21, 1995 The new educational facility’s classrooms TRIBUTE TO RABBI EPHRAIM H. are packed with students, all garbed in the STURM Mr. HAMILTON. Mr. Speaker, for 25 years, navy blue uniforms ordained by their teach- the Hebrew Israelite Community, a group of ers, who insist on high standards of personal HON. CHARLES E. SCHUMER about 1,500 Africian-Americans, has lived in hygiene as well as immaculate dress. Although the Hebrew language is taught OF NEW YORK the Israeli desert cities of Dimona and Arad. and virtually all of the black Hebrews who IN THE HOUSE OF REPRESENTATIVES Despite racial, linguistic, religious, and cultural differences from Israeli society, the Hebrew Is- were born here or are veteran residents can Tuesday, March 21, 1995 speak and understand, English remains the raelite Community has successfully adapted to prevailing tongue. Mr. SCHUMER. Mr. Speaker, one of the their desert environment, developing innova- One of the most impressive examples of pleasures of serving in this legislative body is tive approaches to agriculture, community in- linguistic adaptation was audible when a the opportunity we occasionally get to ac- dustries, and health care. The leaders of the cluster of second-graders ambled along sing- knowledge publicly outstanding citizens of our community feel that some of their innovative ing a popular Israeli folk song with the same Nation. I rise today to honor Rabbi Ephraim H. approaches to agriculture and community in- glee as their contemporaries in Tel Aviv. Sturm, a truly remarkable individual. dustries have broader application potential in f In 1948, he joined the staff of the National the developing world, especially Africa. Council of Young Israel, a modern Orthodox Initially skeptical or hostile, Israelis in NATIONAL AGRICULTURE WEEK synagogue group with branches across the Dimona and Arad have come to view the He- United States. In his over 40 years with Young brew Israelites as part of their society. Last HON. RICHARD J. DURBIN Israel, he was directly or indirectly involved in year, the Israeli Government granted the OF ILLINOIS the expansion of the movement from 31 syna- members of the Hebrew Israelite Community IN THE HOUSE OF REPRESENTATIVES gogues to almost 200, with an additional 50 permanent resident status. synagogues in the State of Israel, 4 in Can- In recognition of the successful efforts by Tuesday, March 21, 1995 ada, and 1 in Holland. both the Hebrew Israelite Community and the Mr. DURBIN. Mr. Speaker, I rise today to On a nonsectarian level, he was project di- Israeli Government to resolve their differences, recognize the men and women of this country rector for 22 years as an on-the-job training I would like to place in the CONGRESSIONAL who work the land, process and refine our ag- program of the U.S. Department of Labor. As RECORD the following brief article from the ricultural commodities, and engage in the re- project director he negotiated and executed Chicago Sun-Times of December 12, 1994. search that keeps American farmers and over $10 million in Government contracts in BLACK HEBREWS AT HOME IN ISRAEL ranchers the most efficient in the world. I rise New York City and across America. His record (By Jay Bushinsky) to pay tribute to the U.S. agricultural commu- of achievement and fiscal responsibility stands DIMONA, ISRAEL.—By clinging to this dry nity. as an inspiration to us all. desert landscape and blending their authen- As we all know, 1995 is a year in which Rabbi Sturm has served as a trustee and tic American folklore with Israel’s biblical American agriculture and our national farm member of the executive board of the Memo- heritage, the black Hebrews have become an policy will be in the spotlight. With severe E 640 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 budget constraints and political pressure to ment, has proven that it has lost touch with re- JOHN SCHROER NAMED REFUGE rethink and reshape our agriculture policy, the ality where Yelsin is involved. MANAGER OF THE YEAR farm bill will undoubtedly stimulate passionate The administration should have taken ad- discussion about the future of American agri- vantage of Moscow's strong desire to secure HON. HERBERT H. BATEMAN culture. United States participation in ceremonies com- OF VIRGINIA This year, Congress will have the important memorating the end of World War II, and IN THE HOUSE OF REPRESENTATIVES task of steering American agricultural policy pressured Moscow to agree to an immediate, Tuesday, March 21, 1995 into the 21st century. We will examine and de- unconditional cease-fire, and the deployment bate issues ranging from how we direct Fed- of a long-term OSCE mission in Chechnya. Mr. BATEMAN. Mr. Speaker, I am pleased eral farm programs to new usesÐethanol and Again, the administration acquiesced, after to congratulate John Schroer, refuge manager biodieselÐto trade and new markets to envi- Yeltsin made a concession about the planned of the Chincoteague National Wildlife Refuge, ronmental and conservation concerns. I am military parade. But that parade is in MayÐ as the recipient of the Paul Kroegel Refuge pleased to note that President Clinton will con- Russia is committing atrocities right now. Manager of the Year Award. vene a national rural conference in Iowa on One hundred days ago, Mr. Speaker, our Each year the National Wildlife Refuge As- April 25 to discuss these important issues as sociation and the National Audubon Society well as the future of rural America. I am hon- administration characterized this crisis as an internal affair, better left to the Russians to present the Paul Kroegel Award to a national ored to have the opportunity to host one of the wildlife refuge manager who has shown ``a handle. But the crisis, which many in Moscow sessions leading up to the national conference commitment to the conservation of our natural and in Washington had hoped would go away, in Illinois. resources, superior management skills, inno- has not. About 24,000 individuals have been However, before we proceed with debate on vative actions to deal with complex issues, ef- the reauthorization of farm programs, we killed and hundreds of thousands have been fective public outreach programs, and a back- should pause to say thank you to the men and driven from their homes. Gross human rights ground that has advanced the cause of wildlife women who work the land on America's 1.9 violations and atrocities have gone unchecked, conservation and the mission of the National million farms and to the more than 21 million as the humanitarian nightmare in Chechnya Wildlife Refuge System.'' John has certainly people working in agricultureÐfrom growing to continues. The Russian campaign in the re- shown these qualities since coming to Chin- transporting to processing to marketing and gion constitutes a gross violation OSCE prin- coteague. selling to conducting the research. ciples. By the time John arrived in 1989, a series It may surprise many of my colleagues to Nearly 2 months after the OSCE Permanent of public use controversies and an aborted learn that today's farm population is only 1.9 Council's decision of February 3, most of the management planning process had left rela- percent of the total U.S. population. More im- problems raised at the timeÐfor example, dis- tions between the local citizens, environmental portantly, today one farmer, on average, feeds proportionate use of force, gross human rights groups, and the refuge badly frayed. It was 129 people. Forty-five years ago, farmers violations, unhindered delivery of humanitarian clear, however, that a master plan was sorely comprised over 12 percent of our population assistance, access to detaineesÐpersist and needed to let all interested groups know the and one farmer fed only 15 people. The have not been addressed in a meaningful long- and short-term parameters for public ac- world's most productive and efficient farmers manner, if at all. cess and wildlife protection. Without such a live and work here in the United States, in- During the Helsinki Commission's hearing in plan, every action taken on the refuge would cluding on Illinois' more than 77,000 farms. January, human rights champion Dr. Elena prove controversial, and energy and resources Mr. Speaker, American farmers are the Bonner implored us, ``[F]rom outside Russia, that would be better spent improving public most efficient producers of food and fiber in access and wildlife protection would continue the world. We, as Americans, are blessed to the stable democratic societies of the West must employ all diplomatic means to pressure to be wasted on endless administrative re- have the natural resources and farming exper- views. Mr. Yeltsin to call off his assault and negotiate tise that help guarantee consumers a safe and John proved more than equal to the task. with the Chechen leaders.'' abundant food supply. The food and fiber sys- He put together a group of representatives tem in this country now generates more than As chairman of the Commission on Security from the local community and from national $900 billion a year in economic activityÐabout and Cooperation in Europe, I have closely fol- and regional environmental organizations. 14 percent of our gross domestic product. lowed these troubling developments. I have These groups held numerous meetings and, Clearly, American agriculture has a good story repeatedly spoken out against Russian actions after considerable debate, a refuge manage- to tell. in Chechyna and the disappointingly muted re- ment plan was adopted in December 1992. Mr. Speaker, we need to take time to recog- sponse by our own leadership. This plan contains a long-term plan for the ref- nize the significant contributions that agri- Mr. Speaker, I urge Secretary Christopher to uge, and lets all interested parties know how culture makes to our everyday lives. From pro- press Foreign Minister Kozyrev to abide by the public access and wildlife protection issues will duction agriculture to research, it is easy to OSCE decisions, to agree to an unconditional be handled. As other refuges undertake plan- see that the diversity of American agriculture cease-fire, and to accept a long-term OSCE ning efforts, this plan should be held up as an touches almost every aspect of our lives. monitoring mission, when they meet later this example of both a good substantive plan, and f week in Geneva. The Russians continue to an example of a good planning process where stall on all three points. all interested parties had their say. CLINTON’S BLIND EYE TOWARD While they have hinted that they could ac- I hope that the planning efforts now under- CHECHNYA cept an OSCE million in principle, they appear way in other refuges around the country are to be stonewalling. If the Russians finally as successful as the one at Chincoteague. If HON. CHRISTOPHER H. SMITH agree to accept such a mission, painstaking those plans are successful, more time can be OF NEW JERSEY care must be taken in the elaboration of its spent in the future on the real work of the ref- IN THE HOUSE OF REPRESENTATIVES mandate. Russian good will alone will not be uge system rather than on constant public re- enough. lations battles. This will be good news for the Tuesday, March 21, 1995 refuge managers, the public who visit refuges, The last thing we need is an OSCE million Mr. SMITH of New Jersey. Mr. Speaker, I and the wildlife that the refuges are designed which can be manipulated into a kind of rise to draw attention to the ongoing crisis in to protect. Potemkin village to lend legitimacy to Russian Chechnya, which began exactly 100 days ago John deserves a great deal of the credit for today, when the Kremlin launched a massive policies in Chechnya. the Chincoteague plan's success in resolving military offensive in the region. In an ironic Mr. Speaker, I regret the fact that the Presi- longstanding controversial issues in realistic twist, details of this tragedy have been largely dent has agreed to go to Moscow while ways, and for the success of the plan-writing overshadowed by yesterday's announcement Yeltsin continues his campaign of death and process itself. For proof of that, we need to that President Clinton will travel to Moscow in destruction in Chechnya. It is high time that look no farther than the nominations he re- early May to meet with President Yeltsin. He President Clinton stop turning a blind eye to- ceived for this award. Seven years ago, no is proceeding despite the urgings of Congress ward the Chechen crisis and starts pressing one would have believed that the northeast re- and, apparently, officials within his own admin- Boris Yeltsin to end the senseless slaughter. gion, prominent local citizens, land the leader istration that he stay home. The Clinton ad- of a Chincoteague-focused environmental ministration has mishandled this crisis from group would nominate the same person for the outset and, with yesterday's announce- this award in 1995. This demonstrates that March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 641 John's skills in diplomacy are no less impres- constructing a training center to train and Medical Officer to the Cuban Army of Libera- sive than his skills in wildlife management. equip 2,000 men in self-defense. tion (Bay of Pigs) in 1961. John has degrees in wildlife management In Germany Wilbert Owens first discovered His business affiliations were extensive. from North Carolina State University and Lou- his passion for the law, defending soldiers Among them, he was the founder and chair- isiana State University. He served in the U.S. charged with minor crimes. He won all of his man of the board of Los Angeles National Army, and has held refuge management posi- cases and was appointed prosecutor. Later, Bank and a member of the board of Techni- tions at the Eufaula, Cape Romain, Santee, he received the distinction of a seat on the color Inc. On the labor side of the equation, he Back Bay, Mississippi Sandhill Crane, courts' martial board. is a member of the American Federation of Blackwater, and Okefenokee National Wildlife Upon his release from the military in 1963, Television and Radio Artists. Refuges. He has served as manager at Chin- Mr. Owens decided to pursue his interest in Some of his community involvements in- coteague since 1989, and he and his wife live the law, he first joined the L.A. County Mar- clude the presidency of Hollywood Park Char- in Wattsville, VA. The award is to be pre- shall's office, a position he held with honor for ities, director of the Thomas Jefferson Center sented to John by the U.S. Fish and Wildlife 9 years. To enable his new dream of a law ca- on National Values Education Programs, and Service Director, Molly Beattie, at a ceremony reer to become a reality, Mr. Owens attended director of the Salesian Boys Club of Los An- at the North American Wildlife and Natural Re- Southwestern Law School at night, beginning geles. sources Conference in Minneapolis on March in 1965. In 1972 he was admitted to the Cali- His political activities, government appoint- 25, 1995. fornia bar and hired by the L.A. County district ments, and professional membership are too f attorney's office, where he has worked for 23 numerous to mention. years. Because of his diligence and commit- Mr. Speaker, as I said earlier, Dr. Del Junco TRIBUTE TO WILBERT OWENS, JR. ment to his profession, Mr. Owens rose is a friend and a special individual. He is very through the ranks of the district attorney's of- well organized, very hard-working, and very HON. JULIAN C. DIXON fice from the research and training division to committed. the deputy position at the Inglewood adult of- He is a responsible leader who has made OF CALIFORNIA fice. IN THE HOUSE OF REPRESENTATIVES numerous contributions in medicine, politics, Wilbert Owens, Jr. exemplifies hard work, and government. Tuesday, March 21, 1995 perseverance, and commitment to society. He He has served his profession, his commu- Mr. DIXON. Mr. Speaker, I rise today to pay deserves our praise and I strongly urge my nity, State and Nation with dedication, dignity, tribute to Mr. Wilbert Owens, Jr., a man who colleagues to join me in commending him on and great skill. has achieved excellence in nearly every pro- his accomplishments and congratulating him It is an honor for me to take this moment to fessional and educational endeavor. Mr. on his retirement. Please join me in extending pay tribute before my colleagues in the U.S. Owens is retiring after 23 years of distin- best wishes to Will and his lovely wife, Evelyn. House of Representatives to Dr. Del Junco. guished service in the L.A. County district at- f The man and his record are worthy of celebra- torney's office. SURPRISE BIRTHDAY PARTY FOR tion. Mr. Owens' success began long before he DR. TIRSO DEL JUNCO f became an attorney. In Denison, TX where he was born, he was a talented scholar-athlete, HON. CARLOS J. MOORHEAD LICENSES AND APPROVALS FOR graduating from Terrell High School as class THE EXPORT OF COMMERCIALLY OF CALIFORNIA SOLD DEFENSE ARTICLES AND valedictorian, class president, and captain of IN THE HOUSE OF REPRESENTATIVES the football team. Mr. Owens also received the SERVICES Rockwell trophy for student-athlete with the Tuesday, March 21, 1995 highest academic average. After high school, Mr. MOORHEAD. Mr. Speaker, on April 22, HON. LEE H. HAMILTON Mr. Owens attended Bethune-Cookman Col- 1995 a surprise birthday celebration will be OF INDIANA lege, where he graduated with honors, earning held in the honor of an old and dear friend of IN THE HOUSE OF REPRESENTATIVES a B.S. in pre-med. Here also he displayed his mine, Dr. Tirso Del Junco. ability to excel in both academics and athletics Dr. Del Junco, a prominent Los Angeles Tuesday, March 21, 1995 by achieving all-conference honors in football surgeon and entrepreneur, was born in Ha- Mr. HAMILTON. Mr. Speaker, I would like to and being named captain of the team. vana, Cuba. He moved to the United States bring to my colleagues' attention information Wilbert Owens' dreams of becoming a doc- and received his citizenship after graduating prepared by the Office of Defense Trade Con- tor were put on hold when he was drafted into from the Havana School of Medicine with his trols, Department of State, pursuant to Section the Army on October 13, 1955. However, he M.D. in 1949. 36(a) of the Arms Export Control Act. On Jan- was not daunted by this occurrence. He fin- He took his surgery residency at the Queen uary 9, 1995, I included in the CONGRESSIONAL ished officer candidate school in 6 months and of Angeles Hospital in Los Angeles. This was RECORD, page E66, tables detailing worldwide was commissioned 2d lieutenant. From Fort followed by post graduate work at the Univer- Foreign Military Sales [FMS] during fiscal year Ord Mr. Owens was sent to the 11th Airborne sity of Pennsylvania in 1954±55. 1994 for defense articles and services, and for Division in Germany, where he served as 1st In the field of diplomacy, Dr. Del Junco was construction sales. lieutenant, platoon leader, executive officer of appointed the Ambassador Extraordinary and Today, I would like to include in the RECORD Rifle Company, and detachment commander Plenipotentiary of the Sovereign Military Order a table that summarizes total licenses/approv- of the military police unit. Mr. Owens returned of Malta to Nicaragua in 1978. He continues to als for the export of commercially sold defense to the United States in 1959 and was pro- hold that honor to this day. articles and services during fiscal year 1994. moted to captain while at Fort Lewis, WA. The He was a captain in the U.S. Army from Licenses/approvals issued in fiscal year 1994 balance of his military service included a tour 1955 to 1957. During this time, he was chief totaled $25.635 billion, compared with $39.109 in Vietnam from 1962±63, where he earned an of surgery at Camp Hanford Army Hospital. billion in fiscal year 1993. Army commendation medal for successfully Later he was assigned as the Washington The table follows: LICENSES/APPROVALS FOR THE EXPORT OF COMMERCIALLY SOLD DEFENSE ARTICLES/SERVICES, SEPT. 30, 1994 [In thousands of dollars]

Country Oct–Dec Jan–Mar Apr–Jun Jul–Sept Cummulative

Afghanistan ...... 0 0 0 0 0 Albania ...... 0 0 0 0 0 Algeria ...... 1,743 1,226 1,515 8,887 13,371 Andorra ...... 4 0 9 6 19 Angola ...... 1,662 67 0 0 1,729 Anguilla ...... 0 0 0 0 0 Antigua ...... 1 1 4 272 278 Argentina ...... 14,818 44,842 4,824 10,810 75,294 Armenia ...... 0 0 0 0 0 Australia ...... 85,470 170,164 204,302 60,087 520,023 Austria ...... 2,936 26,340 941 1,788 32,005 Azerbaijan ...... 0 0 0 0 0 Bahamas, the ...... 44 23,277 5 8 23,334 Bahrain ...... 14,789 617 776 1,151 17,333 E 642 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 LICENSES/APPROVALS FOR THE EXPORT OF COMMERCIALLY SOLD DEFENSE ARTICLES/SERVICES, SEPT. 30, 1994—Continued [In thousands of dollars]

Country Oct–Dec Jan–Mar Apr–Jun Jul–Sept Cummulative

Bangladesh ...... 72 16 145 272 505 Barbados ...... 30 23,298 62 20 23,410 Belarus ...... 0 0 0 0 0 Belgium ...... 40,693 51,116 11,329 42,878 146,016 Belize ...... 15 12 3 27 57 Benin ...... 0 0 0 0 0 Bermuda ...... 161 89 31 9 290 Bhutan ...... 0 0 8 97 105 Bolivia ...... 413 23,828 27 940 25,208 Bosnia-Herzegovina ...... 0 0 0 0 0 Botswana ...... 1,300 83 25 1,916 3,324 Brazil ...... 47,441 244,620 1,814 8,648 302,523 British Virgin Islands ...... 0 6 0 0 6 Brunei ...... 6,515 4,436 5,155 18,191 34,297 Bulgaria ...... 0 166 10 4 180 Burkina Faso ...... 0 0 0 0 0 Burma ...... 0 0 0 0 0 Burundi ...... 0 0 0 0 0 Cambodia ...... 0 0 0 0 0 Cameroon ...... 41 0 1,584 0 1,625 Canada ...... 4,362 2,107 1,389 21,835 29,693 Cape Verde, Repub ...... 0 0 0 0 0 Cayman Islands ...... 36 14 5 15 70 Central African R ...... 0 0 0 0 0 Chad ...... 0 0 0 0 0 Chile ...... 21,352 47,543 17,904 1,456 88,255 China ...... 0 0 0 438 438 Colombia ...... 2,903 30,022 17,704 9,819 60,448 Comoros ...... 0 0 0 0 0 Congo ...... 26 63 0 4 93 Costa Rica ...... 371 160 6,954 8,551 16,036 Cote D’Ivoire ...... 101 2 0 167 270 Croatia ...... 0 0 0 0 0 Cuba ...... 0 0 0 0 0 Cyprus ...... 138 38 2,301 149 2,626 Czech Republic ...... 26,812 5,506 3,481 331 36,130 Czech Rep. & Slovakia ...... 0 0 0 483 483 Denmark ...... 64,135 34,050 14,737 47,310 160,232 Djibouti ...... 0 0 0 0 0 Dominica ...... 5 1 0 2 8 Dominican Republic ...... 946 825 6,725 808 9,304 Ecuador ...... 673 24,282 822 387 26,164 Egypt ...... 13,866 102,382 160,295 30,871 307,414 El Salvador ...... 2,504 745 6,337 2,383 11,969 Equatorial Guinea ...... 0 0 0 0 0 Eritrea ...... 0 0 0 0 0 Estonia ...... 5 339 323 199 866 Ethiopia ...... 145 195 0 156 496 Fiji ...... 0 679 0 0 679 Finland ...... 31,816 55,880 4,328 305,711 397,735 France ...... 46,074 76,221 39,036 25,505 186,836 French Guiana ...... 2,172 935 3,617 2,409 9,133 French Polynesia ...... 0 2 0 0 2 Gabon ...... 3 1 0 14 18 Gambia, the ...... 0 0 0 0 0 Georgia ...... 0 0 0 0 0 Germany ...... 379,115 501,362 201,552 465,953 1,547,982 Ghana ...... 1 0 1 4 6 Greece ...... 42,936 38,327 42,271 33,523 157,057 Greenland ...... 0 0 0 0 0 Grenada ...... 0 1 0 14 15 Guadeloupe ...... 8 183 0 0 191 Guatemala ...... 2,699 25 6,298 422 9,444 Guinea ...... 0 8 0 0 8 Guinea-Bissau ...... 0 0 0 0 0 Guyana ...... 7 17 16 140 180 Haiti ...... 0 0 0 0 0 Honduras ...... 215 11 5,900 436 6,562 Hong Kong ...... 31,032 24,356 8,654 119,744 183,786 Hungary ...... 462 71 3,283 14 3,830 Iceland ...... 14,033 79,130 26 20,003 113,192 India ...... 89,676 20,260 5,323 19,623 134,882 Indonesia ...... 19,573 40,135 11,832 18,736 90,276 Iran ...... 0 0 0 0 0 Iraq ...... 0 0 0 0 0 Ireland ...... 953 323 282 267 1,825 Israel ...... 63,006 842,198 43,991 220,739 1,169,934 Italy ...... 228,150 168,888 293,866 190,787 881,691 Jamaca ...... 226 23,697 234 24 24,181 Japan ...... 422,418 561,805 345,897 807,159 2,137,279 Jordan ...... 1,910 1,379 643 413 4,345 Kazakhstan ...... 0 17 3 574 594 Kenya ...... 23 3 20 0 46 Kiribati ...... 0 0 0 0 0 Korea, Republic of ...... 719,283 308,227 276,560 199,522 1,503,592 Kuwait ...... 1,826 1,548 266,055 90,896 360,325 Kyrgyzstan ...... 0 0 0 0 0 Laos ...... 0 0 0 0 0 Latvia ...... 0 3 44 9 56 Lebanon ...... 411 1,932 596 160 3,099 Lesotho ...... 0 0 0 0 0 Liberia ...... 0 0 0 0 0 Libya ...... 0 0 0 0 0 Lechtenstein ...... 29 0 0 0 29 Lithuania ...... 0 0 1 1 2 Luxembourg ...... 212,982 83,102 100,811 21,726 418,621 Macau ...... 19 128 51 0 198 Macedonia ...... 0 0 0 0 0 Madagascar ...... 0 0 0 0 0 Malawi ...... 0 0 0 0 0 Malaysia ...... 63,798 52,907 29,000 20,343 166,048 Maldives ...... 39 0 0 1 40 Mali ...... 0 0 0 0 0 Malta ...... 11 0 7 21 39 Marshall Islands ...... 0 0 0 0 0 Martinique ...... 60 0 0 0 60 Mauritania ...... 0 0 0 0 0 Mauritius ...... 0 0 27 0 27 Mexico ...... 110,696 99,667 63,953 38,515 312,831 Micronesia ...... 0 0 0 0 0 March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 643 LICENSES/APPROVALS FOR THE EXPORT OF COMMERCIALLY SOLD DEFENSE ARTICLES/SERVICES, SEPT. 30, 1994—Continued [In thousands of dollars]

Country Oct–Dec Jan–Mar Apr–Jun Jul–Sept Cummulative

Moldova ...... 0 0 0 225 225 Monaco ...... 13 0 0 0 13 Mongolia ...... 0 0 0 0 0 Morocco ...... 6,505 5,463 10,748 23,940 46,656 Mozambique ...... 0 0 0 0 0 Namibia ...... 558 103 64 139 864 Nauru ...... 0 0 20 0 20 Nepal ...... 0 23 62 13 98 Netherlands ...... 62,304 150,036 49,083 149,586 411,009 Netherlands Antil ...... 287 23,277 33 31 23,628 New Caledonia ...... 49 34 39 29 151 New Zealand ...... 40,920 45,064 58,228 37,329 181,541 Nicaragua ...... 4 2 5,900 0 5,906 Niger ...... 0 2 0 0 2 Nigeria ...... 483 62 16 84 645 Norway ...... 86,053 84,523 31,055 76,136 277,767 Oman ...... 3,234 1,901 1,863 1,708 8,706 Pakistan ...... 9,408 59,069 1,777 15,517 85,771 Panama ...... 4,524 563 6,013 264 11,364 Papua New Guinea ...... 236 8 37 15 296 Paraguay ...... 2,457 26,471 446 3,824 33,198 Peru ...... 0 4,887 23,279 136 28,302 Philippines ...... 40,990 35,634 120,023 5,936 202,583 Poland ...... 629 313 1,705 220 2,867 Portugal ...... 37,863 63,677 8,663 47,997 158,200 Qatar ...... 722 2,933 722 888 5,265 Reunion ...... 0 0 0 10 10 Romania ...... 0 40 24 6 70 Russia ...... 69 872 1,441 2,454 4,836 Rwanda ...... 0 8 0 0 8 San Marino ...... 0 10 0 0 10 Sao Tome and Prin ...... 0 0 0 0 0 Saudi Arabia ...... 2,218,281 95,577 171,541 2,518,460 5,003,859 Senegal ...... 0 0 0 14 14 Serbia & Montenegro ...... 0 0 0 0 0 Seychelles ...... 0 35 0 0 35 Sierra Leone ...... 0 0 0 0 0 Singapore ...... 604,744 73,169 41,605 42,314 761,832 Slovakia ...... 27 1,088 46 90 1,251 Slovenia ...... 47 0 142 5,279 5,468 Solomon Islands ...... 0 0 0 0 0 Somalia ...... 0 0 0 0 0 South Africa ...... 33 0 2,222 1,927 4,182 Spain ...... 73,195 80,132 230,824 87,872 472,023 Sri Lanka ...... 139 23,915 276 81 24,411 St. Helena ...... 0 0 0 0 0 St. Kitts & Nevis-Ango ...... 0 22 0 0 22 St. Lucia ...... 0 18 0 0 18 St. Pierre & Miquelon ...... 0 4 0 0 4 St. Vincent ...... 0 0 1 0 1 Sudan ...... 0 0 0 0 0 Surname ...... 678 0 0 41 719 Swaziland ...... 0 0 0 0 0 Sweden ...... 35,114 103,249 27,300 236,117 401,780 Switzerland ...... 49,635 76,814 10,758 58,024 195,231 Syria ...... 0 0 0 0 0 Taiwan ...... 46,012 26,418 1,724 133,515 207,669 Tajikstan ...... 0 0 0 0 0 Tanzania ...... 2 11 0 8 21 Thailand ...... 40,371 64,519 18,847 40,091 163,828 Togo ...... 0 0 0 0 0 Tonga ...... 0 0 0 0 0 Trinidad & Tobago ...... 121 23,287 25 104 23,537 Tunisia ...... 256 519 262 57 1,094 Turkey ...... 247,841 127,302 101,384 131,024 607,551 Turkmenistan ...... 0 0 0 0 0 Turks & Caicos ...... 0 0 6 0 6 Tuvalu ...... 0 0 0 0 0 Uganda ...... 33 0 2 18 53 Ukraine ...... 0 3 29 12 44 United Arab Emirates ...... 301,969 10,781 114,609 9,628 436,987 United Kingdom ...... 486,960 539,498 231,970 203,422 1,461,850 United Nations ...... 0 0 13,233 632 13,865 U.S.A ...... 9 16 0 21 46 Uruguay ...... 757 23,689 52 474 24,972 Uzbekistan ...... 12 0 0 0 12 Vanuatu ...... 0 0 0 0 0 Various Countries ...... 36,501 3,473 376,261 742,995 1,159,230 Vatican City ...... 0 0 0 0 0 Venezuela ...... 5,495 29,569 40,760 3,939 79,763 Vietnam ...... 0 0 0 4 4 Western Sahara ...... 0 0 0 0 0 Western Samoa ...... 0 0 0 0 0 Yemen ...... 63 176 0 0 239 Yugoslavia ...... 0 0 0 0 0 Zaire ...... 0 0 0 0 0 Zambie ...... 47 0 82 28 157 Zimbabwe ...... 607 110 49 17 783 Classified Totals ** ...... 157,646 197,862 224,834 713,747 1,294,089

Worldwide total ...... 7,446,093 5,852,137 4,155,809 8,181,225 25,635,264 ** See classified annex to CPD. Note: Details may not add due to rounding. This information was prepared and submitted by the Office of Defense Trade Controls, State Department. E 644 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 HONORING ‘‘SALADO LEGENDS’’ partment of Rehabilitation. He held the posi- bulk of the cuts to pay for the tax cuts for our FOR THEIR THIRD SEASON OF tion until 1982. During his tenure, Ed was tire- Nation's most affluent. BRINGING THE STORY OF less in promoting the rights of the disabled, We are not cutting bureaucrats. We are de- CENTRAL TEXAS PIONEERS TO and working to ensure that independent living nying children who have no control over their THE STAGE was not merely a goal, but a need for the se- circumstances an opportunity to learn in safe, verely disabled. clean schools with a nutritious meal in their HON. CHET EDWARDS In 1984, in recognition of his work, Ed re- stomachs. We are denying children in low in- OF TEXAS ceived a $225,000 MacArthur Foundation ``Ge- come families a warm bed. IN THE HOUSE OF REPRESENTATIVES nius'' Award. Using the grant, he, Judy This measure will have a negative impact Heumann, and Joan Leon established the Tuesday, March 21, 1995 on my home State and my district. For my col- World Institute on Disability, which has be- leagues, I would like to point out a number of Mr. EDWARDS. Mr. Speaker, today it is come the most influential policy and research programs vital to the productivity and welfare with great pride and pleasure that I honor the center on people with disabilities. Indeed, the of Texans which will be slashed or eliminated 1995 presentation of ``Salado Legends.'' This World Institute and Ed played a key role in stage drama brings to life the story of central helping passage of the landmark Americans by this bill. Texas pioneers who braved danger and hard- with Disabilities Act. Under this bill, Texas will lose over $1 billion ship to carve out a new life. Most recently, Ed and the World Institute in funding. H.R. 1158 reduces the funding For the past three summers more than 100 have been profiled in a three-part series on Texas would have received under formula al- cast and crew have donated their time and tal- people with disabilities and technology called locations by half a million dollars. This meas- ent to bring this production to appreciative au- ``People in Motion.'' In addition, Ed has been ure cuts over $162 million from housing mod- diences. This unique stage production working on a project to create work stations ernization, operating subsidies, and section 8 reenacts the experiences of Scottish settlers for people with disabilities that would allow vouchers funding for my State. Texas will lose who arrived in Salado in Bell County in the them to own their own small businesses, such $20 million from Community Development late 1850's. The audience is treated to a slice as expresso or vending carts. It was my privi- Block Grants, $30 million from the low-income of central Texas history through song, dance, lege to work with Ed on this project with re- home energy assistance program, and over and story. gard to the San Francisco International Air- $170 million in job training and employment I ask Members to join me in honoring the port. services programs. Texas children will lose cast and crew of this stage production for their Unfortunately, the world lost Ed Roberts on over $70 million in school programs. work preserving a piece of history in my Texas March 14, 1995. On Sunday, March 19th, a Two cuts contained in this package will congressional district. memorial service was held to honor Ed Rob- have a disparaging impact on residents of di- f erts at the UC-Berkeley campus. I, along with lapidated, low-income housing. The reduction countless others, was proud to call Ed Roberts in payments for the operation of low-income IN TRIBUTE TO EDWARD ROBERTS my friend. He has been called, with little hy- housing projects and the elimination of funding perbole, the ``Ghandi of the disability rights for the Severely Distressed Public Housing movement.'' Comparisons, however, do not do HON. NANCY PELOSI Fund will result in a reduction of affordable OF CALIFORNIA justice to the spirit, the passion, which filled housing for the residents of my district, where IN THE HOUSE OF REPRESENTATIVES the soul of Ed Roberts. Perhaps Ed defined it public housing is already at maximum capacity Tuesday, March 21, 1995 best: after overhearing a doctor telling his mother that it would be better if he died from and 5000 families are on a waiting list for af- Ms. PELOSI. Mr. Speaker, I rise today to the polio because he would be left a vegeta- fordable housing. This cut will result in a loss pay tribute to a true American pioneer, a hero ble, Ed immediately thought of the artichoke, of over 200 jobs in a region with unemploy- to millions, a leader in the truest sense of the which was prickly on the outside with a tender ment over 9 percent. word: Edward V. Roberts. Ed Roberts was heart. The reduction in the payments for the oper- known and loved by millions throughout the Mr. Speaker, on behalf of the Congress, ation of low-income housing projects will fall world, for, by the sheer force of his will, intel- allow me to express our condolences to his disproportionately on housing authorities. ligence, and genius, he created the independ- son, Lee, his mother, Vona, and brothers Mark These housing authorities, which begin their ent living movement for people with disabil- and Ron. But, more importantly, we must con- fiscal year July 1 or October 1, could see their ities. tinue our fight as a Nation for the rights of the funding cut by as much as 50 percent. This Born in 1939, Ed was stricken with polio at disabled. It is only through our actions that we reduction will mean a reduction in mainte- the age of 14. Left a quadriplegic by the dis- properly pay tribute to Ed Roberts' enduring nance, security, and supportive services. ease, Ed soon found that the world did not legacy of good works and his tireless pursuit The Severely Distressed Public Housing recognize that though his body had been rav- of justice on behalf of the disabled. fund is targeted to help those who live in aged, his mind had not. Confronted with the f some of our nation's most dilapidated and fact that his high school would not let him EMERGENCY SUPPLEMENTAL AP- crime infested developments. The President graduate because he could not complete man- had intended this last year of funding to assist datory driver's and physical education classes, PROPRIATIONS FOR ADDITIONAL communities with the worst public housing. Ed began his career in tenacious advocacy by DISASTER ASSISTANCE AND RE- This money is urgently needed. In many in- convincing his principal to lift that restriction. SCISSIONS FOR FISCAL YEAR stances this money has already been obli- In 1962, he became the first severely dis- 1995 abled student to attend the University of Cali- gated and contracts have been signed. Not SPEECH OF fornia at Berkeley, overcoming opposition to funding this program in 1996 is one thing, re- the idea of a student who required a respirator HON. RONALD D. COLEMAN neging on our commitments for 1995 is an- during the day and an iron lung at night. He OF TEXAS other. This will result in long and costly litiga- was physically separated from other students IN THE HOUSE OF REPRESENTATIVES tion over the cancellation of this commitment. Under this measure, funding for three na- by the school, which housed him at Cowell Wednesday, March 15, 1995 hospital. Not being content with being a trail- tional parks in Texas will lose funding. The The House in Committee of the Whole blazer for the admission of disabled students, Chamizal National Memorial, Palo Alto Na- House on the State of the Union had under tional Battlefield, and the San Antonio Mis- he led a successful fight to allow them to use consideration the bill (H.R. 1158) making regular student housing. emergency supplemental appropriations for sions will lose funding. These parks preserve After receiving a bachelor's and master's additional disaster assistance and making our unique multicultural heritage. Although, degree in political science, and after teaching rescissions for the fiscal year ending Sep- less known than the Yellowstone National at UC-Berkeley for 6 years, Ed left the school tember 30, 1995, and for other purposes: Park or the Grand Canyon, they are no less to establish the Center for Independent Living. Mr. COLEMAN. Mr. Chairman, I rise today important and serve to commemorate and pre- The center's goal was to carry out much of in opposition to the rescissions contained in serve an unique part of our history, culture, or what Ed had spent his life battling alone: help- H.R. 1158. I oppose this measure for several landscape. Under this proposal, programs to ing to find and promote housing, transpor- reasons, primarily because of the detrimental promote this aspect of our heritage will con- tation, and assistance for the disabled. His effect it will have on our children. tinue to be underfunded and neglected. work caught the eye of Governor Jerry Brown, No one suffers under this bill more than our I provided the Rules Committee an oppor- who appointed him the head of the State De- children. They have been targeted to carry the tunity to make in order an amendment to March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 645 eliminate funding for $400 million in low-prior- ing her time and talent at local events such as maneuver would be stripped from the bill prior ity highway demonstration projects. My Earth Day and the Environmental Awareness to a conference report. amendment, which would have cut real pork, Fair for Students, Molly Brown serves as a Without ascribing motivations or analyzing was not made in order. Instead the Repub- true emissary of the conservation movement. negotiations that took place, the effect was licans chose to cut funding for programs such During the 103rd Congress, Molly Brown that the approximately $55 billion in outyear as Healthy Start, which is aimed at improving traveled to Washington, DC, to testify before savings in the rescissions bill would not end the health of unborn children, and to eliminate the House Appropriations Subcommittee on up reducing the deficit by even a single dollar. over 50,000 pregnant mothers and infants Interior concerning the need for additional This made the bill unacceptable to me. from the WIC program. funding for Back Bay. Ms. Brown provided the Many of the cuts in this bill will be painful, es- Remember this bill only provides an $11 bil- Subcommittee with extensive information re- pecially in the areas of education, elderly lion down payment. The Republican tax cuts garding the Refuge's plans to expand its housing, and children's programs. I could not will cost over $700 billion. The majority felt boundaries and improve its natural habitat. in good conscience vote for these cuts, with- compelled to cut programs for children and the The Back Bay land acquisition was one of out assurance from leadership that they would elderly first. It scares me, as it should any par- only 33 projects funded nationwide in the De- honor the provisions of the lockbox amend- ent, to consider where they will get the re- partment of Interior Appropriations Act of ment. So, reluctantly, I voted against final pas- maining $690 billion. 1994, attesting to the value of Ms. Brown's sage. Why are we doing this? So that big industry knowledgeable and articulate testimony. In addition, I must say that this decision was and the rich can be given a tax break that I It is with pleasure and honor that I join the not made any easier by the unfair, highly re- doubt they want. I can not imagine any busi- other citizens of the Second Congressional strictive way in which the bill was brought to nessman that wants to see the next genera- District of Virginia in thanking and commend- the floor. Last week I explained in detail how tion of high school graduates turn out to be an ing Molly Brown for her successful efforts in this rule effectively protected 80 percent of the illiterate workforce of dropouts. I know I don't promoting awareness and appreciation of our discretionary budget from budget cuts. and my constituents don't. area's natural resources, for her continuing ef- I also explained how the rule made it almost I do not support the rescissions contained in forts to obtain essential funding and Congres- impossible to restore funds for good programs this bill and I urge my colleagues to vote sional support for Back Bay National Wildlife through cuts in bad or wasteful programs. I against it. I believe that it cuts the wrong pro- Refuge, and for her boundless enthusiasm for was prepared to support additional spending the Refuge system as a whole. She is a most gramsÐprograms that hurt children, low-in- cuts in other parts of the budget to restore deserving recipient of the 1995 National Wild- come Americans, and the elderlyÐfor the cuts that I believe were unfair or unwarranted. life Refuge Volunteer of the Year Award. wrong reasons. I would like to take this opportunity to identify f f those cuts I opposed. HONORING MOLLY BROWN, 1995 EMERGENCY SUPPLEMENTAL AP- The rescissions bill makes significant and REFUGE VOLUNTEER OF THE PROPRIATIONS FOR ADDITIONAL unwise cuts in programs that promote opportu- YEAR DISASTER ASSISTANCE AND RE- nities. Cuts in impact aid and national service SCISSIONS FOR FISCAL YEAR will hurt our education efforts. Cuts in foster 1995 care and grants for drug-free schools will have HON. OWEN B. PICKETT a negative effect on our children. And, cuts in OF VIRGINIA SPEECH OF information infrastructure grants will slow our IN THE HOUSE OF REPRESENTATIVES HON. BILL ORTON efforts to develop and expand opportunities on Tuesday, March 21, 1995 OF UTAH the Information Superhighway. All of these are Mr. PICKETT. Mr. Speaker, I take this op- IN THE HOUSE OF REPRESENTATIVES high priority areas. I also oppose the excessive level of cuts for portunity to extend my sincerest congratula- Wednesday, March 15, 1995 tions to Ms. Molly P. Brown, a constituent of the Corporation for Public Broadcasting. While The House in Committee of the Whole I could support modest cuts in the CPB, the mine from Virginia Beach, VA, on being House on the State of the Union had under awarded the 1995 National Wildlife Refuge bill makes 30 percent cuts in fiscal year 1997 consideration the bill (H.R. 1158) making funding, on a path to terminating Federal sup- Volunteer of the Year Award. emergency supplemental appropriations for The National Wildlife Refuge Association additional disaster assistance and making port. These cuts will have a significant nega- and the National Audubon Society have jointly rescissions for the fiscal year ending Sep- tive effect on public broadcasting, especially established this annual award. Its purpose is tember 30, 1995, and for other purposes: for rural areas. to recognize the volunteer who best achieves Mr. ORTON. Mr. Chairman, I am taking this Finally, the bill makes excessive cuts in the goals and objectives of the National Wild- opportunity to explain my vote against the re- housing and community development pro- life Refuge System [NWRS], which are supe- scissions and supplemental spending bill grams. Cuts which I believe should have been rior organizational skills, innovation in handling which passed the House last week. rejected or scaled back include public housing refuge assignments, effectiveness in dealing On Wednesday night, I was pleased to vote modernization, community development block with the public, and dependability. Ms. for the ``lockbox'' amendment offered by Rep- grants [CDBG's] drug elimination funds, and Brown's extensive service and long-standing resentative BREWSTER. I have been involved public housing operating subsidies. commitment to the Back Bay National Wildlife from the beginning in the development of this Especially unfair is the cut of $404 million in Refuge located in Virginia Beach, VA, clearly provision, which ensures that spending reduc- operating subsidies for public housing authori- are above and beyond the criteria that merit tions are strictly dedicated to deficit reduction, ties. It is fundamentally unfair to have agen- national recognition. and not simply reallocated to other spending cies plan on receiving certain funding levels, As an advocate of environmental conscious- programs or used to finance tax cuts. The and then make significant cuts in the middle of ness, Ms. Brown has appeared regularly be- lockbox amendment, approved by a 418 to 5 the year. Furthermore, the way these cuts are fore the Virginia Beach City Council and the vote of the House, clearly stated that spending being implemented is especially unfair. PHA's zoning board to testify on city and State pro- would be reduced by some $55 billion over with a fiscal year starting in July 1 will bear a posals affecting the Refuge. As a member of the next 5 years, and that all of these cuts disproportionate portion of the cuts, while the Mayor's Growth Management Advisory could only be used to reduce the deficit. those with an earlier fiscal year will be largely Committee, Ms. Brown has frequently pro- Based on this amendment, and the resulting spared. I could not support this. vided valuable citizen comments and observa- deficit reduction, I was prepared to vote for Again, I want to make it clear that I was pre- tions on the city's land use, transportation, and final passage of this bill. However, just prior to pared to support offsetting cuts to restore infrastructure plans and programs. a final vote on the rescissions bill, the Budget these important programs. I was also prepared Realizing the need to promote an aware- Committee held a markup of legislation to to vote for additional cuts beyond those pro- ness not only of the Refuge's mission but of lower spending caps for the next 5 years. At posed by the committeeÐif the rule hadn't other conservation activities within the region this markup, the Budget Committee chairman prevented this. as well, Ms. Brown worked to establish both announced that he planned to use all of the For example, I planned on offering an the Southeastern Association for Virginia's En- savings in fiscal years 1996 through 2000 amendment with Rep. KLUG to zero out fund- vironment [SAVE], and the Friends of Back from the rescissions bill to finance the Repub- ing for the Appalachian Regional Commission. Bay/Save Our Sandbridge organization of lican tax cuts. He also announced that the However, because of the short time limits which she currently serves as president. Offer- lockbox provisions which would prevent this placed on debate of this bill, we did not have E 646 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 the opportunity to vote on terminating this pro- The 21 States with right to work laws, in- field of numerical analysis have played a cru- gram. As a result, the chance to cut the deficit cluding my own State of Virginia, have a near- cial role in the advancement of science and by another $100 million was ruled out by this ly three-to-one advantage over non-right to engineering in this century. arbitrary rule. work States in terms of job creation. For example, Dr. Keller developed many of There are many other areas where we could And, according to U.S. News & World Re- the methods which scientists and engineers look to make cuts. For example, I am a strong port, 7 of the strongest 10 State economies in have used for years to solve complex prob- defender of national defense, and especially the Nation have right to work laws. lems with computers. These include the box readiness. However, the rule precluded Workers who have the freedom to choose scheme for solving boundary layer problems in amendments to cut unneeded and expensive whether or not to join a union have a higher the aircraft industry; the method of multiple weapons systems. We should also do more to standard of living than their counterparts in shooting, to solve ordinary differential equa- consolidate programs and eliminate non-right to work States. According to Dr. tions; and the path-following methods, for solv- redundancies. For example, we should abolish James Bennett, an economist with the highly ing bifurcation problems in all fields of science. the Interstate Commerce Commission. respected Economics Department at George He is the coauthor, with Eugene Isaacson, Finally, there are programs where I feel we Mason University, on average, urban families of the text ``Analysis of Numerical Methods,'' are simply spending too much. For example, in right to work States have approximately which is a classic in the field and has been in foreign aid, we should cut back on some of $2,852 more annual purchasing power than studied by generations of students. He is also the AID programs, eliminate redundant broad- urban families in non-right to work States the author of two monographs on the solution cast programs, and reexamine our foreign mili- when the lower taxes, housing and food costs of two-point boundary-value problems, and of tary and economic assistance programs. In of right to work States are taken into consider- hundreds of research articles. agriculture, we should cut back on programs ation. Dr. Keller was born in Paterson, NJ. He which provide excessive crop subsidies. And The National Right to Work Act would make served in the U.S. Navy during World War II we can do more to cut spending in the legisla- the economic benefits of voluntary unionism a as a lieutenant junior grade. He obtained a tive branch. reality for all Americans. Last week, the House Budget Committee But this bill is about more than economics, bachelor's degree in electronics from the voted to extend and lower the discretionary it's about freedom. Georgia Institute of Technology in 1945. He spending caps for the next 5 fiscal years. Compelling a man or woman to pay fees to received an M.S. in mathematics from New Spending bills for fiscal years 1996 and be- a union in order to work violates the very prin- York University in 1948 and his Ph.D. from the yond will have even greater levels of cuts than ciple of individual liberty upon which this Na- same institution in 1954. Concurrently, he was those made in the rescissions bill. Like many tion was founded. in charge of the math department at Sarah other members of the House, I am ready to Oftentimes forced dues are used to support Lawrence College. support such cuts. causes the worker does not wish to support In 1961 after a rapid ascent through the However, I hope that the process to con- with his or her hard-earned wage. ranks, Dr. Keller became professor of applied sider such cuts will be more fair and more ra- Thomas Jefferson said it best: mathematics at the Courant Institute of Mathe- tional than the one we used last week. We . . . to compel a man to furnish contribu- matical Sciences at New York University. Dur- must have unlimited opportunities to make fur- tions of money for the propagation of opin- ing this time, he also served as associate di- ther spending cuts, and to change spending ions which he disbelieves is sinful and tyran- rector of the Atomic Energy Commission Com- priorities, within predetermined spending limits. nical. puting and Applied Mathematics Center, which This can only be done through open rules on By passing the National Right to Work Act, was located at New York University. appropriations bills. this Congress will take a major step towards In 1967, Dr. Keller joined the finest institu- Therefore, within the next few weeks, I will restoring the freedom of America's workers to tion of higher learning in the world when he be introducing a House resolution calling for choose the form of workplace representation became a professor of applied mathematics at open rules for all spending bills brought to the that best suits their needs. the California Institute of Technology, a posi- House floor in the 104th Congress. I urge my In a free society, the decision of whether or tion he holds to this day. Currently, he is di- colleagues to join me in cosponsoring this res- not to join or support a union should be made rector of the Caltech branch of the Center for olution, and in voting against any restrictive by a worker, not a union official, not an em- Research on Parallel Computing, an endeavor rules in the consideration of future spending ployer, and certainly not the U.S. Congress. sponsored by the National Science Founda- bills. The National Right to Work Act reduces tion. f Federal power over America's labor markets, Professor Keller was extraordinarily active promotes economic growth and a higher as a member of many scientific societies. In NATIONAL RIGHT TO WORK ACT standard of living, and enhances freedom. 1975±76, he served as president of the Soci- No wonder, according to a poll by the re- ety for Industrial and Applied Mathematics, the HON. BOB GOODLATTE spected Marketing Research Institute, 77 per- world's leading society of applied mathemati- OF VIRGINIA cent of Americans support right to work, and cians. He also served on 6 national commit- IN THE HOUSE OF REPRESENTATIVES over 50 percent of union households believe tees and held editorial positions on 12 leading Tuesday, March 21, 1995 workers should have the right to choose scientific journals. Mr. GOODLATTE. Mr. Speaker, I rise to whether or not to join or pay dues to a labor The scientific community has expressed its proudly introduce the National Right to Work union. admiration for Professor Keller by bestowing Act. No other piece of legislation before this upon him some of its most prestigious awards. This act reduces Federal power over the Congress will benefit this Nation as much as He is a Fellow of the American Academy of American workplace by removing those provi- the National Right to Work Act. Arts and Sciences, a fellow of the American sions of Federal law authorizing the collection I urge my colleagues to quickly pass the Association for Arts and Sciences, and he was of forced union dues as a part of a collective National Right to Work Act and free millions of a Guggenheim fellow. Recently, he was the bargaining contract. American from forced dues tyranny. distinguished visiting fellow at Christ's College, Since the Wagner Act of 1935 made forced f University of Cambridge, United Kingdom. The union dues a keystone of Federal labor law, PROF. HERBERT BISHOP KELLER, Society for Industrial and Applied Mathematics millions of American workers have been 70TH BIRTHDAY CELEBRATION awarded him the von Karman prize in 1994. forced to pay for union representation that Mr. Speaker, the scientific legacy of Profes- they neither choose nor desire. sor Keller is ensured through his own work, HON. CARLOS J. MOORHEAD through the work of the 28 students who The primary beneficiaries of right to work OF CALIFORNIA earned their Ph.D. degrees under his super- are America's workersÐeven those who vol- IN THE HOUSE OF REPRESENTATIVES untarily choose to pay union dues, because vision, as well as through the hundreds of when union officials are deprived of the forced Tuesday, March 21, 1995 graduate and undergraduate students whom dues power granted them under current Fed- Mr. MOORHEAD, Mr. Speaker, on June 19 he has taught throughout the years. eral law they'll be more responsive to the of this year, Dr. Herbert Bishop Keller will be Today, I would like my colleagues in the workers' needs and concerns. 70 years old. Dr. Keller is professor of applied U.S. House of Representatives to join with me Mr. Speaker, this act is proworker, mathematics at the California Institute of Tech- and the scientific community in expressing our proeconomic growth, and profreedom. nology. His fundamental contributions to the thanks and gratitude to Professor Keller for his March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 647 leadership, his example, and his many con- U.S. DEPARTMENT OF STATE, ation of costs and benefits in major rules, tributions, and to wish him a very happy birth- Washington, DC 20520. and for other purposes: day. Hon. LEE H. HAMILTON, Ms. WOOLSEY. Mr. Chairman, I rise in House of Representatives, Washington, DC. strong opposition to H.R. 1022, the Risk As- f DEAR MR. HAMILTON: I am responding to your letter of February 16 to Secretary sessment and Cost Benefit Act. H.R. 1022 is not a regulatory reform bill as REVIEWING THE TRAVEL BAN ON Christopher regarding the restrictions on travel to Lebanon by U.S. citizens. the new Republican leadership claims. It is an LEBANON On February 28, Secretary Christopher ex- attempt by supporters of the Contract On ercised his authority to extend the restric- America to destroy environmental protections tion on the use of U.S. passports for travel which the American people fought for long and HON. LEE H. HAMILTON to, in, or through Lebanon. A careful and hard. Landmark environmental legislation such thorough review of the security situation in OF INDIANA Lebanon led the Secretary to conclude that as the Clean Air Act, the Clean Water Act, and the endangered Species Act will be su- IN THE HOUSE OF REPRESENTATIVES there remained significant threats there to the safety of American citizens. perseded by H.R. 1022, leaving our air, water, Tuesday, March 21, 1995 In meetings here in Washington February and wildlife unprotected. 6–7, the Governments of the U.S. and Leb- Under H.R. 1022, 12 Federal agencies in- Mr. HAMILTON. Mr. Speaker, the Secretary anon engaged in frank and useful discussions cluding the Environmental Protection Agency, of State decided on February 28 to renew the of the security situation in Lebanon and our the Energy Department, and the Interior De- ban on the use of U.S. passports to travel to continuing concern for the safety of Ameri- partment will be required to follow a single set Lebanon. This decision followed United cans in Lebanon. We were pleased with the of new, government-wide principles for risk as- States-Lebanese security discussions in level of expertise the Government of Leb- sessment activities in order to carry out their Washington earlier last month. While the State anon brought to these discussions and its regulatory responsibilities. This one-size-fits-all Department acknowledges that the security avowed commitment to serious and effective approach to risk assessments will prevent situation in Lebanon has improved in the past action. We expect this dialogue to be an on- going process leading to significant improve- Federal officials from developing sound public few years, it maintains that there continue to ment in the security situation in Lebanon policy. Instead, H.R. 1022 will lead to long be significant threats to the security of Amer- and a reduction in the dangers to American delays of important environmental protection ican citizens in that country. citizens. programs, and more red tape. I have recently spoken to several prominent We have acknowledged that there has been Mr. Chairman, this bill will impact not only Lebanese Americans who have visited Leb- some improvement in Lebanon’s security sit- our nation's environment, but our nation's tax- anon. They are very persuasive in arguing that uation over the past few years. We commend payers as well. The Congressional Budget Of- the current travel ban impedes their legal abil- the Lebanese Government for its efforts to fice estimated that risk assessment proposals ity to visit their families. I also believe that diminish terrorist threats and to establish the role of law throughout the country. More similar to H.R. 1022 would cost affected fed- American businesses are losing the oppor- needs to be done to address these problems, eral agencies $250 million annually. H.R. 1022 tunity to compete for contracts to rebuild Leb- however, and we look forward to working does not contain provisions to offset the bill's anon. I have urged the Secretary of State to with the Government of Lebanon on taking potential costs. Therefore, it will result in in- review the travel ban and to consider options the necessary steps to do so. creasing the deficit or cutting desperately for revising it in light of the changing condi- We will continue to review the passport re- needed funds for education and other social tions inside Lebanon. striction and other administration measures programs. Given the importance of this matter for the affecting travel to Lebanon. Our review will Mr. Chairman, it seems that lawyers are the Lebanese-American community, I request that be based on a careful evaluation of our own information and the steps the Lebanese gov- only ones who benefit from H.R. 1022. The bill my exchange of letters with the Department of ernment takes to address these issues. opens up numerous new pathways for litiga- State be entered into the CONGRESSIONAL The Department will carefully consider op- tion, and it gives lawyers interested in holding RECORD. tions short of lifting the passport restric- up valuable environmental regulations a pow- COMMITTEE ON INTERNATIONAL tions. In considering these steps, however, RELATIONS, the Department will have as its first consid- erful new tool to prolong agency actions. Washington, DC, February 16, 1995. eration the safety and security of U.S. citi- Mr. Chairman, I urge my colleagues to op- Hon. WARREN H. CHRISTOPHER, zens. pose the Republican leadership's efforts to Secretary of State, Department of State, Wash- The Secretary appreciates both your inter- hamper the government's ability to protect the ington, DC. est and your offer to continue a dialogue environment. Vote no on H.R. 1022. Thank DEAR MR. SECRETARY: It is my understand- with the Department on this issue. The goal you. ing that the Department of State is cur- remains the removal of these restrictions f rently reviewing the travel ban on Lebanon when security conditions permit us to do so because the current six-month extension of and the return to a mutually beneficial and ED ROBERTS the ban expires later this month. improved bilateral relationship. I urge the Department to review the I trust that this information has been re- present total ban carefully and consider op- sponsive to your inquiry. Please do not hesi- HON. GEORGE MILLER tions to revise the ban and take steps in the tate to contact us if you believe we may be OF CALIFORNIA direction of a combination of partial ban and of further assistance. IN THE HOUSE OF REPRESENTATIVES partial travel advisory. Sincerely, I am persuaded that Lebanon has taken a WENDY R. SHERMAN, Tuesday, March 21, 1995 series of steps in improve security in the Assistant Secretary, Mr. MILLER of California. Mr. Speaker, I country. I also believe that further steps are Legislative Affairs. needed. In this situation, however, I believe rise today to sadly note the passing of one of it is in our national interest and in the inter- f the great people of our time, Ed Roberts, the est of encouraging further steps by Lebanon RISK ASSESSMENT AND COST- former secretary of rehabilitation of the State to take steps ourselves to match action by BENEFIT ACT OF 1995 of California, the cofounder of the Center for Lebanon. Independent Living, and the founder of the The report by several prominent Lebanese World Disability Institute. Americans on their trip to the country as SPEECH OF well as the recent visit here by a Lebanese I knew, admired, and worked closely with Security delegation suggest changes are war- HON. LYNN C. WOOLSEY Ed Roberts throughout my entire adult life, in ranted. American businesses are currently OF CALIFORNIA Sacramento, and as a Member of the House locked out of many reconstruction efforts in IN THE HOUSE OF REPRESENTATIVES of Representatives. Ed was as dedicated, in- the country and Lebanese Americans are le- Monday, February 27, 1995 sightful, determined, and skilled as any person gally unable to travel to Lebanon for family I have ever met in public life, and his singular reunification purposes. The House in Committee of the Whole contributions to the disabled community I appreciate your consideration of this House on the State of the Union had under throughout America is, simply stated, unparal- matter and I am available if you want to dis- consideration the bill (H.R. 1022) to provide cuss this matter further. regulatory reform and to focus national eco- leled. With best regards, nomic resources on the greatest risks to Ed deeply understood the need for the law, Sincerely, human health, safety, and the environment and for government, to defend the rights of LEE H. HAMILTON through scientifically objective and unbiased those who had neither power nor influence. Ranking Democratic Member. risk assessments and through the consider- And he forced dramatic changes that broke E 648 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 the barriers for millions of disabled men, THE INNOCENT LANDOWNER PERSONAL EXPLANATION women, and children. DEFENSE ACT OF 1995 I wish to submit for the RECORD the follow- HON. TOM A. COBURN ing editorial from the San Francisco Chronicle OF OKLAHOMA paying tribute to this great American, and HON. CURT WELDON IN THE HOUSE OF REPRESENTATIVES good friend. OF PENNSYLVANIA [From the San Francisco Chronicle, Mar. 18, Tuesday, March 21, 1995 1995] IN THE HOUSE OF REPRESENTATIVES Mr. COBURN. Mr. Speaker, due to travel THE TRANSCENDENT LIFE OF EDWARD ROBERTS Tuesday, March 21, 1995 delays on Tuesday, March 14, I unavoidably ‘‘What I want and a lot of other disabled missed several votes. Had I been present, I people want is to live, to experience, to be a Mr. WELDON of Pennsylvania. Mr. Speaker, would have voted ``aye'' on the passage of the part of society. And that’s nothing extraor- the purpose of the Innocent Landowner De- following bills: H.R. 531, H.R. 694, H.R. 562, dinary. So when we do things and do become fense Act is to clarify what is required by ``all H.R. 536, and H.R. 517. successful, it doesn’t make us different from appropriate inquiry into the previous owner- f any other successful person.’’ ships and uses of the property'' as contained Even though it was not what he was seek- in the 1986 Superfund Amendments Reauthor- EMERGENCY SUPPLEMENTAL AP- ing, Edward Roberts died a hero at age 56 PROPRIATIONS FOR ADDITIONAL this week, having lived up to such admiring ization Act (SARA) to Superfund. sobriquets as ‘‘the Gandhi of disability The 1986 SARA amendments included sev- DISASTER ASSISTANCE AND RE- rights’’ and ‘‘the Cesar Chavez for the handi- eral exemptions for the liability of site clean- SCISSIONS FOR FISCAL YEAR capped.’’ upÐan important one being the innocent land- 1995 A budding athlete who became a paraplegic owners defense provision. This provision al- at age 14 from polio, Roberts was an in-your- lows for an exemption of liability to a land- SPEECH OF face kind of guy because society gave him no other choice. When his principal balked at owner who has not contributed to the contami- HON. NANCY PELOSI graduating Roberts from high school because nation of a site and has made all appropriate OF CALIFORNIA the teenager hadn’t completed required inquiry into the previous uses of the property. IN THE HOUSE OF REPRESENTATIVES physical education courses, Roberts fought The intent of the innocent landowner de- Wednesday, March 15, 1995 the decision with such vigor that the prin- fense was to encourage the uncovering of cipal was forced to relent. contaminated sites which could then be The House in Committee of the Whole When a counselor at the state Department cleaned up. It was meant as a narrow excep- House on the State of the Union had under of Rehabilitation sided with the University consideration the bill (H.R. 1158) making of California in denying Roberts admittance tion to protect those considering the acquisi- emergency supplemental appropriations for to Berkeley because the school had never tion of land from future liability. Unfortunately, additional disaster assistance and making had a wheelchair-confined student who re- the definition of all appropriate inquiry was rescissions for the fiscal year ending Sep- quired a respirator and iron lung, Roberts ar- never made clear in the SARA legislation, re- tember 30, 1995, and for other purposes: gued until he was enrolled. He lived at sulting in confusion as to the requirement for Cowell Hospital and later organized success- Ms. PELOSI. Mr. Chairman, I rise today to fully for dormitory housing for disabled stu- assessing a site for contamination. This lack express my opposition to the Republican re- dents. of clarification has left the land purchaser with scissions bill before us. With this bill, the Re- He co-founded the Center for Independent a dilemma. Even the most expensive and ex- publicans end the war on poverty and declare Living at Berkeley, which promoted the idea tensive site assessments may not prevent the war on the poor, instead. I am saddened that of integrating disabled people into the main- landowner from later being held liable for con- my Republican colleagues have turned their stream and making available to the disabled tamination. energy, their fervor and their fury toward at- such essentials as housing, transportation tacking the most vulnerable among us. I note and wheelchair-accessible ramps and curbs. The Innocent Landowner's Defense Act is The establishment of 400 similar centers na- designed to define what is meant by ``all ap- with particular concern the impact of the pro- tionwide followed. propriate inquiry,'' putting an end to the confu- posed funding cuts on housing programs de- Roberts’ longtime work received official sion and allowing landowners to protect them- signed to help the neediest and the most vul- affirmation when Governor Jerry Brown ap- selves from liability. Specifically, this legisla- nerable in our society, children, the elderly, pointed Roberts to head the California De- tion calls for a phase I environmental auditÐ the disabled, and people with AIDS. partment of Rehabilitation in 1975. He was a an investigation of the property conducted by More than 40 percent of the cuts in this bill familiar sight in Sacramento in his motor- an environmental professionalÐdefined in the come from low-income housing programs. The ized wheelchair, and his presence alone $7.2 billion in Department of Housing and helped many lawmakers understand for the legislation to discover the presence of hazard- Urban Development [HUD] cuts equals 1¤4 of first time the needs of people who des- ous substances through the following sources: perately seek independence—despite not (1) chain of title documents for the past 50 HUD's total budget. HUD estimates that the rescissions will affect 530,000 elderly house- being able to use either arms or legs—and years; (2) available aerial photographs of the holds and 630,000 families with children. The yet are constantly stymied by thoughtless property; (3) Superfund liens against the prop- policies. complete elimination of the Housing Opportu- erty; (4) Federal, State, and local government In 1984, Roberts received $225,000 in a Mac- nities for People with AIDS [HOPWA] program records of activities causing release of hazard- Arthur Foundation ‘‘genius’’ award for his will deprive at least 50,000 people with AIDS ous substances; and (5) a visual site inspec- work with the disabled, and he created the and their families of much-needed housing as- World Institute on Disability, an Oakland- tion of the property. If these criteria are met, sistance. Public housing takes a direct hit. Ef- based think tank on disability issues with a an individual would be recognized as having $3.3 million budget. forts to improve public housing facilities and in conducted all appropriate inquiry. some localities, to demolish unfit buildings and Roberts’ life was not only heroic, because This legislation in no way changes the liabil- of the many personal obstacles he overcame, replace them, will be stopped dead in their but in the end, transcendent, because of the ity scheme of Superfund. It is a clarifying cor- tracks. way he helped transform the way we think rection which enables courts and potential The cuts in the low income housing preser- about and act toward disabled people. landowners to determine exactly what is need- vation program will result in the displacement ‘‘As an international leader and educator ed to fulfill all appropriate inquiry require- of countless low income families from afford- in the independent living and disability ments. Not only will this legislation clear up a able housing. Estimates of the impact of losing rights movements, he fought throughout his very confusing situation, but it will restore the life to enable all persons with disabilities to preservation funds range from a low of 27,000 fully participate in mainstream society,’’ original intent of the innocent landowner de- families losing their apartments to a high of said President Clinton. ‘‘Mr. Roberts was fenseÐit will encourage the testing of sites for 75,000. In most of the affected communities, truly a pioneer . . . His vision and ability to contamination, increasing the likelihood that there is no other housing available for these bring people together should be an example contaminated sites will be found and cleaned families. The affordable housing stock is dis- for all Americans.’’ up. appearing at an alarming rate and these cuts A memorial service will be held at 1:30 p.m. This legislation provides the guidance cru- will only hasten the process. Where are these tomorrow at Harmon Gymnasium on the UC cial to assessing the risk associated with haz- Berkeley campus. Memorial endowments people supposed to live? have been set up for Roberts’ son, Lee, and ardous waste sites. It would allow for the real- At the same time that these important pro- for the institute. Contributions may be sent ization of the original goals of the Superfund grams are being cut, the Republicans are also to the institute at 510 16th Street, Oakland, legislation, while leaving the original statute cutting incremental rental assistance, the Sec- CA 94612. unchanged in terms of liability. tion 8 Program. The funds the Republicans March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 649 are taking away would have provided 67,000 consideration the bill (H.R. 1158) making EMERGENCY SUPPLEMENTAL AP- more families with housing certificates and emergency supplemental appropriations for PROPRIATIONS FOR ADDITIONAL vouchers. For the first time in the more than additional disaster assistance and making DISASTER ASSISTANCE AND RE- 20 years of this program, there will be no in- rescissions for the fiscal year ending Sep- SCISSIONS FOR FISCAL YEAR cremental funding of tenant-based rental as- tember 30, 1995, and for other purposes: 1995 sistanceÐa program which is widely acknowl- Mr. BARR. Mr. Chairman, I rise the edged by conservative analysts to be HUD's engage the gentleman from California SPEECH OF most cost-effective one. [Mr. LEWIS], who chairs the sub- HON. LYNN C. WOOLSEY Mr. Chairman, the list of important and inno- committee dealing with HUD, in a col- OF CALIFORNIA vative housing programs to be cut by this leg- loquy if he is willing. islation goes on and on and time prevents me Mr. LEWIS of California. Mr. Chair- IN THE HOUSE OF REPRESENTATIVES from listing all of them. I wish to note for the man, will the gentleman yield? Wednesday, March 15, 1995 record, however, my opposition to Republican Mr. BARR. I yield to the gentleman The House in Committee of the Whole cuts of $90 million in the lead-based paint pro- from California. House on the State of the Union had under gram; $350 million in pension fund rental as- Mr. LEWIS of California. Mr. Chair- consideration the bill (H.R. 1158) making sistance; and $38 million in the Youthbuild man, I would be very pleased to do so. emergency supplemental appropriations for additional disaster assistance and making Program, which not only increases affordable Mr. BARR. Mr. Chairman, many housing, but also provides job training and rescissions for the fiscal year ending Sep- communities throughout the State of tember 30, 1995, and for other purposes: skills for lower income Americans. Georgia, including those within my I am also opposed to the $350 million cut in Ms. WOOLSEY. Mr. Chairman, I rise in own district, have raised a concern re- the Community Development Block Grant strong opposition to the Crane amendment garding the proposed reduction of $349 [CDGB] Program. CDBG funds allow commu- which would increase the cuts in funding for million in community development nity-based organizations to provide a wide the corporation for public broadcasting. range of services in their communities. Why, block grants. I am informed that the Mr. Chairman, I have received hundreds of at a time when we are trying to promote com- cut amounts to as much as an 8 percent letters from my constituents, in the sixth Con- munity control are we tying the hands of com- reduction from what has already been gressional District of California, opposing the munities trying to meet community needs? publicly announced and communicated republican leadership's attacks on the CPB. What is the response of my Republican col- to them. These attacks will hurt our local PBS stations, leagues to our concerns about the impact of Mr. LEWIS of California. The gen- KRCB and KQED, which are an important these draconian cuts? They say we simply tleman is correct. Many local commu- source of educational and cultural program- cannot afford to provide housing for needy nities have been notified of their fiscal ming for adults and children in my district. Americans. I say we simply cannot afford not year 1995 allocations and have initiated KCRB and KQED have helped thousands of to provide this housing. community meetings to plan for the re- adults get their high school degree and pass This bill cuts funding which has already lease of CDBG money for the wide vari- college level courses. Workers on farms in been voted on by Congress and signed into ety of eligible purposes. isolated areas; welfare mothers striving to be- law by President Clinton. In many cases, com- Mr. BARR. So can we expect the come self-sufficient; and individuals seeking to munities and housing providers across the committee to help us make a deter- improve their job skills have benefitted from country struggling with trying to meet ever- mination of how to assure these com- the educational programming offered by KRCB growing needs with limited funds, will lose munities that they will receive what and KQED. Mr. Chairman, no commercial stations are money for community development and for they were previously promised? offering these much-needed educational serv- housing which is part of a community plan and Mr. LEWIS of California. The report ices! which is already underway. Where progress is accompanying this bill directs OMB to In addition, KRCB, KQED and other PBS being made, it will be stopped. Would that cause the affected agencies, including halting progress is the only consequence stations are home to valuable programming for HUD, to stop obligating funds proposed under the Republican plan. Unfortunately, the our children. As a mother of four, I remember for rescission. I am very concerned bill before us today takes giant steps back- how difficult it was to find entertaining and wards in the fight against homelessness. that HUD in particular has attempted educational programs for my children. I often If we have learned anything about home- to move funds out the door as soon as relied on my local PBS station as do many lessness over the course of the past decade, they suspected they were rescission parents who do not want their children watch- it is that it costs less to keep people in afford- candidates. If we can get OMB to put ing the increasingly violent adult programs able housing than it does to help homeless the brakes on, I am sure that we can which are prevalent on commercial television people with the transition back to being fully- make a factual determination of how stations. functioning members of our society. The Re- much of the proposed cut should be re- For the price of one dollar per person, the publican cuts in our national housing programs stored in order to keep faith with the corporation for public broadcasting ensures are not only inhumane and cruel, but they are local planning that has naturally pro- that every american household, rich or poor, also inefficient and costly. While the Repub- gressed prior to the full committee’s urban or rural, has access to a wide range of lican leadership trumpets the saving they pro- action late last week. And I am more educational and cultural programming. pose today, they are covering up the costs than willing to do so in conference if Mr. Chairman, this is a small price to pay for their cuts will create tomorrow. I urge my col- HUD and OMB step up to the plate on the valuable services provided by PBS sta- leagues to oppose this misguided and cruel this. tions throughout the Nation. bill. Mr. BARR. I appreciate knowing that I urge my colleagues to vote ``no'' on the f you have the same understanding I do Crane amendment. regarding the dilemma faced by my f EMERGENCY SUPPLEMENTAL AP- communities in Georgia. They will be PROPRIATIONS FOR ADDITIONAL THE SYMBOL OF OUR NATION DISASTER ASSISTANCE AND RE- very pleased to know that we are work- SCISSIONS FOR FISCAL YEAR ing on a solution. HON. TOM BEVILL 1995 Mr. LEWIS of California. Mr. Chair- man, I commend the gentleman from OF ALABAMA IN THE HOUSE OF REPRESENTATIVES SPEECH OF Georgia [Mr. BARR] for his efforts. HON. BOB BARR Tuesday, March 21, 1995 OF GEORGIA Mr. BEVILL. Mr. Speaker, I rise today to cel- ebrate the introduction of historic legislation IN THE HOUSE OF REPRESENTATIVES that will finally give the American flag the rec- Wednesday, March 15, 1995 ognition it deserves as a symbol of our Nation. The House in Committee of the Whole As many as 235 Members of the House House on the State of the Union had under have co-sponsored this bill to amend the U.S. E 650 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 Constitution to allow States to pass laws out- zens are being cut simply to provide tax No doubt, each Member of this body would lawing abuse of our flag. We are proud of the breaks for the rich. like to change certain provisions of these bills, American flag and we want to protect it. I came to the floor today hoping to offer an but these rescissions are applied in a bal- The issue of flag desecration has been with amendment that would restore the $208 mil- anced and fair manner. Furthermore, H.R. us for too long. As you know, in 1984, a pro- lion rescinded from the veterans' health care 1159 recommends several important policy tester at the Republican National Convention budget, but because of the restrictive nature of corrections. in Houston was arrested for burning the flag this rule my amendment would be out of I am particularly pleased the committee in- which was against the law in Texas. Five order. cluded language that allows HUD to waive the years later the Supreme Court struck down My amendment would have targeted six ac- one-for-one public housing replacement re- the Texas law and the offender was acquitted. tual pork projects and cut down on wasteful quirement when public housing is no longer In 1990, Congress passed a bill to remedy this Government spending, while protecting the se- habitable and in need of demolition. This has situation, but it too was struck down as uncon- curity of veterans who in many cases have been an ongoing problem in my congressional stitutional. So now our only choice is to pass risked their lives in defense of this Nation. The district. this legislation, amend the U.S. Constitution six projects targeted in my amendment in- The city of Danville, IL has been trying to and allow the States to pass their own laws to cluded unauthorized courthouses and a receive approval to demolish the decaying and correct this problem. Tokamak Reactor Energy Program which vacant Carver Park housing project for some As a veteran, I feel particularly strong about would cost taxpayers $2.2 billion in the coming time. Despite unanimous public support for the this proposal. Many men and women through- years. project's demolition and orders from the city out our Nation's history have sacrificed their The six outpatient clinics that would have government, Federal law has prevented the lives so that we could enjoy the freedoms we been restored by my amendment are a critical demolition of this dangerous and environ- now have. The flag is a symbol of this country part of the VA's plan to move from delivering mentally hazardous property. and a tribute to those who have protected our costly inpatient care to delivering cost-effective I am also pleased the committee has taken Nation through the years. To allow individuals outpatient care. According to the VA officials action to prevent President Clinton from en- to desecrate this symbol for petty purposes is in my district in Gainesville, existing space de- forcing his Executive order prohibiting compa- to cheapen the country for which it stands. I ficiencies currently prevent the medical center nies from permanently replacing striking work- find it extremely offensive that laws cannot be from offering care in a timely manner. These ers. Our Nation's present labor negotiation passed by States to prohibit this kind of be- projects would provide better health care to system is balanced and fair for both labor and havior. more veterans at less cost to the taxpayer. management. Each side faces consequences This bill is not meant to restrict the first Mr. Speaker, it is clear that the Committee for their actions which serve as an incentive to amendment rights guaranteed to all Ameri- on Rules is not protecting the security of our bargain in good faith. The President's Execu- cans. I strongly believe that individuals and vulnerable citizens. They are not interested in tive order would alter the current balance. groups must be able to speak their minds on going after the real pork. The rule they have Last, the President's Executive order is an issues that concern them. But that does not set provides for only further rescissions in effort to usurp congressional authority and mean burning the flag. I feel flag desecration what the Appropriations Committee considers should be overturned by this Congress. Major goes beyond freedom of expression. It is an pork, and not what the average American changes to our Nation's labor law should not abuse of the U.S. Constitution and the free- knows is pork and Government waste. Fur- be instituted without congressional approval. doms that great document provides. thermore, they are denying Democratic Mem- Again, I thank the committee for acting to Our proposal is not a heavy-handed Gov- bers the opportunity to offer amendments that restore balance to our Nation's labor law and ernment mandate. We want to give States the would get the job done. Mr. Speaker, this I urge my colleagues to support H.R. 1158 ability to pass the laws they deem necessary. issue really comes down to a matter of prior- and H.R. 1159. Forty-six States have already passed resolu- ities: Are we going to forsake the many men f tions which outlaw the desecration of the flag. and women who have risked their lives in de- Alabama joined these ranks in 1991. I think it fense of this Nation, simply to provide tax sub- COMMON SENSE LEGAL is time for Congress to take the initiative to sidies for the rich? I for one, will not retreat on STANDARDS REFORM ACT OF 1995 correct this situation once and for all. I urge the promise we have made our veterans, and my colleagues to pass this legislation and start I urge my colleagues to stand firm and oppose SPEECH OF the process for adding this historic amend- this gag rule. ment to the U.S. Constitution. f HON. JOHN D. DINGELL f OF MICHIGAN EMERGENCY SUPPLEMENTAL AP- IN THE HOUSE OF REPRESENTATIVES PROVIDING FOR CONSIDERATION PROPRIATIONS FOR ADDITIONAL OF H.R. 1158, EMERGENCY SUP- DISASTER ASSISTANCE AND RE- Thursday, March 9, 1995 PLEMENTAL APPROPRIATIONS SCISSIONS FOR FISCAL YEAR The House in Committee of the Whole FOR ADDITIONAL DISASTER AS- 1995 House on the State of the Union had under SISTANCE AND RESCISSIONS consideration the bill (H.R. 956) to establish FOR FISCAL YEAR 1995 SPEECH OF legal standards and procedures for product liability litigation, and for other purposes: HON. THOMAS W. EWING Mr. DINGELL, Mr. Chairman, on March 10, HON. KAREN L. THURMAN OF ILLINOIS OF FLORIDA the House passed H.R. 956, the so-called IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Common Sense Product Liability and Legal Wednesday, March 15, 1995 Reform Act of 1995. Unfortunately, the final Tuesday, March 21, 1995 The House in Committee of the Whole bill distinguishes itself by not having enough to Mrs. THURMAN. Mr. Speaker, last month, House on the State of the Union had under do with product liability reform and having very the Appropriations Committee met to consider consideration the bill (H.R. 1158) making little to do with common sense. The bill is an offsets to pay for a $5.6 billion supplemental emergency supplemental appropriations for extreme measure that makes sweeping spending for the California earthquake relief. additional disaster assistance and making changes in the Nation's legal system that go The committee cut more than $17.3 billion, in- rescissions for the fiscal year ending Sep- far beyond the scope of fair and balanced cluding $208 million for six veterans health tember 30, 1995, and for other purposes: product liability reform. It protects wrongdoers clinics and other medical equipment. One of Mr. EWING. Mr. Chairman, I rise today in at the expense of injured individuals. It ex- the clinics targeted for elimination is in my dis- support of H.R. 1158 and H.R. 1159 and to cludes procedural safeguards designed to put trict of Gainesville, FL. Mr. Speaker, the imme- commend Chairman LIVINGSTON and the Ap- U.S. companies on a more equal footing with diate question that comes to mind is: To what propriations Committee for all their hard work foreign corporations. It creates extreme and will the remaining $12 billion rescinded from on these two supplemental appropriations rigid rules that fail to account for cir- the appropriations bills be applied? Many bills. It is truly a new era when the Appropria- cumstances involving gross misconduct or se- theories have been advanced, but most of tions Committee demands that supplemental vere and permanent injuries. It fails to simplify them certainly indicate that vital programs for appropriations bills, emergency or otherwise, current law and creates a complex and con- children, the elderly, and other vulnerable citi- be paid for with offsetting spending cuts. fusing jurisdictional puzzle. March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 651 BACKGROUND AND COMMITTEE CONSIDERATION ments for the consideration of H.R. 956.'' 6 take years of litigation to sort out. The rules I have long supported product liability reform After its March 7 hearing to consider 81 governing product liability actions in Title I are legislation. In 1988, I presided over the infa- amendments filed by the announced dead- relatively clear, although their relationship to mous ``Torts Class From Hell,'' when the Com- line,7 the Rules Committee voted to report a title III needs clarification. Sections 201, 202, mittee on Energy and Commerce spent 10 gag rule.8 The Committee made 15 amend- and 203 promote restrictions on noneconomic days in markup before reporting H.R. 1115.1 ments in order, allocated severe time limits for and punitive damage awards rather than con- since then, I have cosponsored major bills in each, and prohibited amendments to the spec- sistency in the States. They preempt State the area and worked with Republicans and ified amendments. They chose to reject many laws except where State laws ``further limit'' Democrats alike to enact effect and well-craft- moderate amendments, including those that the subject of such provisions, creating an elu- ed legislation. had bipartisan support and would have un- sive measure subject to varying interpreta- This year's legislation was not the result of doubtedly passed. They refused to make in tions. For example, do State laws requiring meaningful bipartisan efforts. It was forced order amendments concerning the bill's pre- proof beyond a reasonable doubt for punitive through the committees and the House at emptive effect on State laws, denying debate damages but that do not cap such damages breakneck speed. H.R. 917 was introduced by on one of the most important aspects of the ``further limit the award of punitive damages''? Chairman OXLEY on February 13, 1995. It was bill. They made in order extreme Republican Likewise, the purpose of section 401 is un- the subject of one hearing.2 No subcommittee amendments applying to matters beyond the clear and its application difficult. It purports to markup was held. We were given 3 different scope of product liability reform that have not prohibit preemption of State laws where substitute amendments in as many days prior been the subject of any hearings or consider- ``pure'' State cases are involvedÐthat is those to the markup on February 22. In Additional ation by any committee during this Congress. involving parties and claims that do not ``af- Views to the committee report, I cite examples The basis for product liability reform is that fect'' interstate commerce. Is this a bone being of mistakes, defects, and inconsistencies frivolous lawsuits are stifling American com- thrown to the concept of States' rights or is found during this process.3 These problems petitiveness and innovation; that because there some other reason to treat identical largely were the result of the severe timetable product liability is inextricably related to inter- cases differently if a court determines one ``af- dictated by the Republican leadership. Given state commerce, a uniform, national approach fects'' interstate commerce while the other proper time and consultation with all Members, is needed; and that ``legislation should ad- does not? And the special rule in section the Committee could have produced a better dress key topics and provide a fair resolution 202(b)Ðprohibiting preemption of a previously bill supported by a more significant bipartisan of claims.'' 9 But the House bill goes far afield enacted State law that caps total liability in majority of the Committee. of fair and balanced product liability reform health care liability actionsÐapparently is mo- H.R. 917, as reported, imposed more re- legislation. tivated by the desire to preserve one specific strictions on product liability actions than pre- PREEMPTION STANDARDS California law. vious bills, such as the bipartisan bill I cospon- H.R. 956, as passed by the House, creates Amendments that would have improved or sored in the last Congress, H.R. 1910.4 Puni- numerous, varying standards for preemption of affected the bill's preemption provisions were tive damages were capped at the greater of State laws that will create confusion rather not made in order by the Republicans on the $250,000 or 3 times economic damages, than uniformity. Consider the following: Rules Committee, including: (1) Representa- whereas H.R. 1910 had no cap. It set a 15- 1. Under Title I (product liability actions), tive QUILLEN's amendment to limit product li- year statute of repose applicable to all prod- State laws are superseded ``only to the extent ability rules in the bill to cases in Federal ucts, whereas H.R. 1910 had a 25-year stat- that State law applies to an issue covered by court; (2) Representative SCHIFF's amendment ute limited to capital goods. It voided joint li- this title.'' 10 It states that civil actions for to make title II applicable solely to product li- ability for noneconomic damages for all de- ``commercial loss'' will be governed ``only by ability actions; and (3) Representative fendants, whereas provisions in H.R. 1910 ap- applicable commercial or contract law,'' 11 cre- DEUTSCH's amendment to require uniformity in plies solely to product manufacturers and sell- ating one standard for injured individuals and State laws governing joint liability for economic ers. It added new provisions that were not in another for corporations that sue each other.12 loss and punitive damage awards. It is clear H.R. 1910, including a section on pleading re- 2. Section 201 (punitive damages) applies the Republicans did not wish to even debate quirements and a narrow special interest pro- to ``any civil action brought in any Federal or the important issues pertaining to the bill's ap- vision to benefit biomaterials suppliers. State court on any theory where punitive dam- plication to State laws and instead chose to Despite misgivings, I voted to report the ages are sought '' but it ``does not preempt or concoct a complicated scheme that creates Committee bill. I did so because its core was supersede any State or Federal law to the ex- more disorder than consistency. consistent with bills I previously supported and tent that such law would further limit the award THE COX AMENDMENTS because assurances were made that its short- of punitive damages.'' Section 203 (liability for The House adopted two amendments of- comings would be addressed when the bill noneconomic damages) applies to ``any prod- fered by Representative COX. The first abol- reached the floor. But before the ink on the uct liability or other civil action brought in any ishes joint liability for noneconomic damages committee bill was dry, Chairmen HYDE and Federal or State court on any theory where and applies to ``any product liability or other BLILEY introduced yet another bill, H.R. 1075. noneconomic damages are sought'' but it civil action brought in State or Federal Apart from deleting the so-called FDA de- ``does not preempt or supersede any State or court.'' 14 I could not support this broad expan- fense, its product liability provisions were simi- Federal law to the extent that such law would sion of the bill for the following reasons: lar to those in H.R. 917. But other provisions further limit the application of the theory of 1. It was not considered by either committee went far beyond product liability reform, includ- joint liability to any kind of damages.'' Sections nor were any hearings held on the amend- ing Title II applying to punitive damages ``in 201 and 202 apply ``[e]xept as provided in ment. Under the rule, 40 minutes were allo- any civil action for harm in any Federal or section 401,'' limiting their application to cases cated to debate fundamental changes the State court.'' This expansion of the bill was that ``affect'' interstate commerce. amendment would make to more than 200 motivated by two interests: (1) to protect 3. Section 202 (noneconomic damages cap) years of American jurisprudence. wrongdoers from punitive damages in nearly applies to ``any health care liability action 2. It expands the bill far beyond product li- all civil cases, and (2) to open up the bill so brought in any Federal or State court on any ability cases, abolishing joint liability in any that amendments unrelated to product liability theory'' but it ``does not preempt or supersede State or Federal case affecting interstate com- reform would be germane on the floor. any State or Federal law to the extent that merce. I am particularly concerned that it FLOOR CONSIDERATION such law would further limit the award of non- treats simple negligence in the same manner The Republican leadership decided to muz- economic damages'' nor does it preempt ``any as intentional and gross misconduct. Is it un- zle meaningful debate long before any formal State law enacted before the date of enact- fair to hold one of several wrongdoers fully re- rule was adopted. Within moments after H.R. ment of this Act that places a cap on the total sponsible for noneconomic harm if he mali- 1075 was introduced on February 28, Chair- liability in a health care liability action.'' It also ciously caused harm? Should victims of inten- man SOLOMON announced that: the Rules applies ``[e]xcept as provided in section 401.'' tional torts such as assault, battery, and inten- Committee intended to make H.R. 1075 in 4. Section 401 of the bill provides that ``Ti- tional infliction of emotional distress bear any order as a substitute for H.R. 956 5; amend- tles I, II, and III shall apply only to product li- costs for harm instead of holding fully respon- ments to the bill should be submitted by ability and other civil actions affecting inter- sible any single wrongdoer who proximately March 3; and the Rules Committee intended state commerce.'' 13 caused the harm? ``to grant a rule which may restrict amend- Anyone claiming the bill creates uniformity is 3. Examples cited in support of the amend- sadly mistaken. It makes rules, exceptions to ment included defendants found to be mini- Footnotes at end of article. rules, and special rules that, if enacted, would mally at fault who, under joint liability laws, E 652 CONGRESSIONAL RECORD — Extensions of Remarks March 21, 1995 would be fully liable if other defendants were ages are noneconomic. It prevents compensa- views. It increases public costs and places un- insolvent or absent. But it abolishes joint liabil- tion even in the most extreme cases, such as insured workers and others at risk. Nor has ity for even those who are principally at fault. loss of sight or other senses, loss of reproduc- any adequate explanation been offered as to Amendments that would apply several liability tive capacity, loss of limbs, and loss of life. why the provision should apply to all products only to minimally responsible defendants were The most jaded argument made by its pro- instead of capital goods alone or why an ab- not made in order, denying Members any op- ponents is that the amendment constitutes solute limit of 15 years makes sense in each tion to consider more moderate provisions.15 health care reform. Arguably, the amendment and every case. An amendment filed by Mr. 4. Proponents emphasized that it applies gives license to doctors and other health pro- BRYANT would have created a statute of only to noneconomic damages and that it viders to make mistakes and practice bad repose based on a resumption of 15 years. would not affect actual damages. The subtext medicine. It may provide a financial windfall to Under the amendment, the presumption could here is that noneconomic damages are not as physicians, manufacturers and sellers of drugs be rebutted if the claimant could prove the de- easy to calculate as economic damages and and devices, and other health care providers fendant concealed or failed to give adequate thus are not as real. The amendment even re- who injure persons, not to mention health in- warning of a defect that he knew about or if names Title II as ``Limitations on Speculative surance companies that deny health claims in the claimant was required to use the product and Arbitrary Damage Awards.'' But it fails to bad faith. None of the alleged savings from as a condition of employment. This amend- recognize that pain and suffering, total disabil- the amendment are redirected in adjustments ment was not made in order. Because the ity, permanent disfigurement, loss of reproduc- to Medicare and Medicaid payments or re- statute's application is so severe, these issues tive capacity, and similar noneconomic harms duced private health insurance premiums. It deserve further scrutiny. are a very real part of many injuries. For those does nothing to deter litigation and limits the Punitive damages cap.ÐThe bill caps puni- with low or moderate wages, noneconomic ability of injured persons to receive compensa- tive damage awards in any civil case for harm damages may be a greater part of total tion for harm caused by health care profes- in any State or Federal court at the greater of losses. By limiting recovery for noneconomic sionals and providers. If this is health care re- $250,000 or 3 times economic loss.23 An damages, the amendment treats injured form, we are all in great peril. amendment to delete the cap was made in middle- and low-income workers, home- THE FDA DEFENSE order and defeated by the House,24 but other makers, retirees, children, and disabled per- The House passed an amendment immuniz- moderate amendments that enjoyed bipartisan sons less favorably than corporate executives ing manufacturers and sellers of drugs and support were never considered under the gag and others who have large economic losses. medical devices from punitive damages if the The amendment also struck a provision in rule adopted by the Rules Committee. For ex- drug or device was approved by the Food and ample, Chairman OXLEY and Representative H.R. 956 (section 109) requiring foreign manu- Drug Administration [FDA] and the manufac- facturers to appoint a U.S. agent for service of GORDON filed an amendment to replace turer or seller has not misrepresented or with- $250,000 with $1 million. It is my firm belief process in order to claim the benefits of the held information required to be submitted to legislation. Section 109 was truly a common- that, if made in order, the Oxley/Gordon the FDA or has not bribed an FDA official.20 amendment would have passed. Other sense provision designed to level the playing While I previously have supported such a pro- field between foreign corporations and Amer- amendments put the minimum at $500,000 or vision, I am compelled to reconsider my posi- ican companies.16 By striking it, the House allowed punitive damages based on three tion due to the Republican leadership's stated also gutted the previously adopted Conyers times compensatory damages. Given the re- desire to change FDA's approval process radi- amendment subjecting foreign companies to quired quantum of proof (clear and convincing cally, to privatize functions of the agency, to discovery in our courts, giving those foreign evidence), new procedures that benefit de- reduce its funding, or even to eliminate the companies a distinct advantage over American fendants (separate proceeding for punitive agency. companies, and making it more difficult for damages and standards for determining The FDA defense is based on the idea that persons injured by foreign products to obtain awards), and the type of conduct involved FDA approval is meaningful and effective. It relief. Reflecting a strong bipartisan consen- (conscious flagrant indifference to safety of sus, 258 Members voted in favor of the Con- assumes a strong, vigorous, and adequately others or intentional conduct), the cap on puni- yers amendment,17 but this bipartisan effort funded FDA. It is entirely inconsistent with the tive damages in the bill may be too severe to was nullified by the Cox amendment. Because vision of a weak agency whose primary focus adequately address actions by those who en- of the speed of the proceedings and incorrect is to get products on the market as fast as gage in gross misconduct. possible based on weakened standards of claims by Mr. COX and others that striking the Biomaterials suppliers.ÐTitle III of the bill service of process requirement would have no safety and efficacy. Americans trust that when limits the liability of biomaterials suppliers in effect on the Conyers amendment, Members they take a drug or use a medical device, it certain circumstances. During committee will not harm them. This trust is based on a did not have an adequate opportunity to un- markup of a similar provision, I questioned the careful, scrupulous process that allows only derstand the situation. Restoring the service of wisdom of insulating suppliers even if they had safe, effective products on the market and re- process provision was one of two items in the intentionally and wrongfully withheld material moves products from the market when they motion to recommit, which received 195 votes. information or if they knew of fraudulent or may pose harm. I am committed to continuing Had there been sufficient time to explain the malicious activities in the use of their supplies. efforts to ensure that FDA is an agency in true effect of the amendment, I am confident Mr. HASTERT, the author of the amendment, which we may all place our trust. But I find it the motion would have been adopted. and others indicated their desire to try and ad- difficult to support the FDA defense when the The second Cox amendment limits non- dress these concerns before floor consider- Republican leadership and interest groups are economic damages in ``health care liability ac- ation. I was pleased to see an effort to accom- 18 pulling out the long knives to drastically alter tions'' to $250,000. This provision goes well modate these matters in H.R. 1075 (section the mission and slash the already limited re- beyond medical malpractice cases, and in- 302(c)(2)(B) and (C)). While I filed an amend- sources of the agency. cludes any civil case in State or Federal court ment to make technical and other clarifying OTHER PROVISIONS against a health care provider, any entity obli- changes to Title III, I decided to withdraw it gated to provide or pay health benefits, or the Statute of repose.ÐThe 15-year statute of when it became evident that there were many manufacturer, distributor, supplier, marketer, repose in the bill is significantly more restric- other problems with this title. I support a fair promoter, or seller of a medical product, tive than previous bipartisan bills. It applies to and balanced provision to ensure that where a claimant alleges a claim ``based upon all products, instead of only capital goods, 21 biomaterials suppliers are not subjected to the provision of (or the failure to provide or subject to limited exceptions. H.R. 1075 also needless harassment, but I do not believe it pay for) health care services or the use of a limited it to cases where ``the court determines should be converted to a wholesale abolition 19 medical product.'' No hearings were held on that the claimant has received or would be eli- of all responsibility by such persons, particu- the amendment nor was it considered by ei- gible to receive full compensation from any 22 larly if these suppliers are significantly at fault ther committee. Only 40 minutes of floor time source for medical expense losses.'' This for a claimant's injuries. were allowed to debate this fundamental provision was intended to ensure that claim- change in our legal system. An alternative ants would not be completely foreclosed from SUMMARY amendment encouraging resolution of such at least recovering medical expenses where The issues involved in product liability re- cases by mediation and arbitration was not an older product causes harm. But an amend- form are complex and controversial. While made in order by the Rules Committee. ment offered by Mr. HYDE and passed by the Federal legislation is needed, I firmly believe The amendment arbitrarily caps non- House struck this commonsense provision any such legislation must be fair and bal- economic damages at $250,000, striking hard- from the bill. This mean-spirited amendment is anced. H.R. 956 does not pass this test. Nor est at vulnerable individuals whose main dam- further evidence of the Republicans' extreme can it be considered in a vacuum. H.R. 988, March 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 653 passed shortly before H.R. 956 was consid- 7. An additional amendment, filed by Chairman consideration the bill (H.R. 925) to com- ered, applies to certain Federal civil cases. Solomon after the March 3 deadline, was considered pensate owners of private property for the ef- but not made in order by the Rules Committee. fect of certain regulatory restrictions: The bill requires the ``loser'' to pay the oppos- 8. H. Res. 109. ing party's attorney fees under certain cir- 9. Testimony of Victor E. Schwartz, Esq., on be- Mr. WOOLSEY. Mr. Chairman, I rise today cumstances, amends rule 11 of the Federal half of the Product Liability Coordinating Commit- in strong opposition to H.R. 925, the Private tee; hearing before the Subcommittee on Commerce, Rules of Procedure to mandate sanctions a Trade, and Hazardous Materials Feb. 21, 1995. Property Act. My colleagues in the House of Federal judge must impose against lawyers 10. Section 102(b), H.R. 956 (as passed by the Representatives who support the Contract on who file frivolous lawsuits or engage in abu- House). America claim that H.R. 925 is to protect small sive litigation tactics, and limits the admissibil- 11. Section 102(a) and section 110(2), H.R. 956 (as passed by House). private property owners from the Federal Gov- ity of certain scientific testimony of expert wit- 12. An amendment filed by Representative Markey ernment. In fact, this takings legislation has lit- nesses. These provisions, if enacted, would that would have treated commercial loss cases in tle to do with protecting small private property the same manner as product liability actions was apply further limits on certain product liability owners. The truth about H.R. 925 is that it actions, health care liability actions, and other not made in order by the Rules Committee. 13. Sec. 401 defines ‘‘interstate commerce’’ as provides a new entitlement program for civil actions for harm filed in Federal court ‘‘commerce among the several states or with foreign wealthy special interests at a high cost to tax- governed by H.R. 956. H.R. 988 further tilts nations, or in any territory of the United States or payers and environmental protection. the balance in favor of defendants in all such the District of Columbia, or between any such terri- tory and another, or between any such territory and cases. The right to own private property is a right any State or foreign nation, or between the District that is cherished by the American people. Cheap sound bites and anecdotal examples of Columbia and any State or territory or foreign of extreme resultsÐwhile more easily under- nation.’’ That's why it is protected by the Constitution. stood than the details of these complex and 14. Congressional Record, Mar. 9, 1995. Under the fifth amendment, if the Government 15. For example, Representatives Frank and Ber- takes land to build a highway or school, of controversial issuesÐdo not serve the public man filed amendments that would apply several li- interest. Both proponents and opponents of ability to defendants found to be less than 20 percent course it must pay for it. But the fifth amend- legal reform legislation have used such tactics responsible for the claimant’s harm. ment's protection isn't enough for the cor- 16. Section 109 of H.R. 1075 was entitled ‘‘Service of porate special interests. They want Congress to justify their respective positions. But the Re- Process’’ and provided: ‘‘This title shall not apply to publican majority has a public responsibility to a product liability action unless the manufacturer to pass H.R. 925 because it provides that any be careful in its drafting and, above all, to do of the product or component part has appointed an regulation that limits their right to make as harm. Instead, it artificial and unrealistic time- agent in the United States for service of process much money as possible from their property is from anywhere in the United States.’’ This section table for passing legal reforms made speed was deleted from the bill by the Cox amendment. a taking, regardless of the impact this might more of a priority than crafting sensible and 17. Congressional Record, Mar. 9, 1995. have on the health and safety of their neigh- defensible legislation. 18. Congressional Record, Mar. 9, 1995. bors, the general public, or the environment. I plan to work with my colleagues on both 19. Section 202(b), H.R. 956 (as passed by House). 20. Section 201(f), H.R. 956 (as passed by House). The true agenda of the supporters of H.R. 925 sides of the aisle and on both sides of Capitol See, Congressional Record, Mar. 9, 1995. is to increase profits for special interests and Hill to enact fair and balanced product liability 21. Section 108(b)(2), H.R. 956 (as passed by House). weaken valuable laws to protect our health reform legislation this year. But in doing so, I 22. Section 108(a), H.R. 956 (as passed by House). and environment. 23. Section 201(b), H.R. 956 (as passed by House). refuse blindly to support extreme legislation 24. Amendment offered by Representative Furse, Mr. Chairman, H.R. 925 will have a chilling that is contrary to common sense. Congressional Record, Mar. 9, 1995. effect on the implementation of environmental FOOTNOTES f regulations. Most likely, Federal agencies will 1. H. Rpt. 100–748, Part 1. choose not to implement or enforce regula- PRIVATE PROPERTY PROTECTION 2. Hearing on H.R. 917, the Common Sense Product tions because they will not be able to afford Liability Reform Act, including related product li- ACT OF 1995 ability legislation, Feb. 21, 1995, Subcommittee on the high price of compensation required by Commerce, Trade, and Hazardous Materials. SPEECH OF H.R. 925. The Endangered Species Act and 3. H. Rpt. 104–63, Part 1. the Clean Water Act are just two of the many 4 H.R. 1910 Republican cosponsors included: Rep- HON. LYNN C. WOOLSEY resentatives Gingrich, Hyde, Bliley, Moorhead, important environmental laws that will be jeop- OF CALIFORNIA Oxley, Barton, Hastert, Upton, Stearns, Paxon, ardized by this legislation. Gillmor, Klug, Franks, and Greenwood. Wednesday, March 1, 1995 Mr. Chairman, I strongly urge my colleagues 5. H.R. 956 was a bill referred to and reported by the Judiciary Committee, H. Rpt. 104–64, Part 1. The House in Committee of the Whole to oppose this back door attack on environ- 6. Congressional Record, Feb. 28, 1995. House on the State of the Union had under mental protections by voting against H.R. 925. Tuesday, March 21, 1995 Daily Digest Senate (3) Feingold/Simon Amendment No. 362 (to Chamber Action Amendment No. 347), to express the sense of the Routine Proceedings, pages S4207–S4293 Senate regarding deficit reduction and tax cuts. Measures Introduced: Seven bills and one resolu- Pages S4255±58 tion were introduced, as follows: S. 580–586, and (4) Exon Amendment No. 402 (to Amendment S.J. Res. 31. Page S4262 No. 347), to provide a process to ensure that savings from rescission bills be used for deficit reduction. Measures Reported: Reports were made as follows: Reported on Monday, March 20, 1995, during the Pages S4259±60 recess of the Senate: A second motion was entered to close further de- bate on Dole Amendment No. 347, listed above and, H.R. 831, to amend the Internal Revenue Code of in accordance with the provisions of Rule XXII of 1986 to permanently extend the deduction for the the Standing Rules of the Senate, a vote on the clo- health insurance costs of self-employed individuals, ture motion will occur on Thursday, March 23, to repeal the provision permitting nonrecognition of 1995. Page S4212 gain on sales and exchanges effectuating policies of the Federal Communications Commission, with an A unanimous-consent time-agreement was reached amendment in the nature of a substitute. (S. Rept. providing for the consideration of a proposed Bradley amendment on Wednesday, March 22, 1995. No. 104–16) Page S4262 Page S4260 Measures Passed: Senate will continue consideration of the bill on Greek Independence Day: Committee on the Ju- Wednesday, March 22, 1995, with a vote on the diciary was discharged from further consideration of pending cloture motion to occur at 6 p.m. S. Res. 79, designating March 25, 1995, as ‘‘Greek Messages From the President: Senate received the Independence Day: A National Day of Celebration of following messages from the President of the United Greek and American Democracy’’, and the resolution States: was then agreed to. Page S4293 Transmitting, the report on the Export Adminis- Legislative Line-Item Veto: Senate continued con- tration Act; to the Committee on Banking, Housing, sideration of S. 4, to grant the power to the Presi- and Urban Affairs. (PM–35). Page S4260 dent to reduce budget authority, taking action on Transmitting, the report of the National Science amendments proposed thereto, as follows: Foundation for fiscal year 1993; to the Committee Pages S4210, S4212±60, S4293 on Labor and Human Resources. (PM–36). Adopted: Pages S4260±62 (1) Simon/Levin Modified Amendment No. 393 Messages From the President: Pages S4260±62 (to Amendment No. 347), to provide for expedited judicial review. Pages S4244±45, S4259 Messages From the House: Page S4262 Pending: Statements on Introduced Bills: Pages S4262±80 (1) Dole Amendment No. 347, to provide for the Additional Cosponsors: Pages S4280±81 separate enrollment for presentation to the President of each item of any appropriation bill and each item Amendments Submitted: Pages S4281±91 in any authorization bill or resolution providing di- Notices of Hearings: Pages S4291±92 Pages S4222±60 rect spending or targeted tax benefits. Authority for Committees: Page S4292 (2) Feingold Amendment No. 356 (to Amend- ment No. 347), to amend the Congressional Budget Additional Statements: Pages S4292±93 and Impoundment Control Act of 1974 to limit Recess: Senate convened at 9:30 a.m., and recessed consideration of non-emergency matters in emer- at 9:08 p.m., until 9:30 a.m., on Wednesday, March gency legislation. Pages S4253±55 22, 1995. (For Senate’s program, see the remarks of D 381 D 382 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 1995 the Acting Majority Leader in today’s RECORD on Communications Commission; Decker Anstrom, Na- page S4293.) tional Cable Television Association, Roy Neel, Unit- ed States Telephone Association, Bradley C. Committee Meetings Stillman, Consumer Federation of America, Edward O. Fritts, National Association of Broadcasters, Pres- (Committees not listed did not meet) ton R. Padden, Fox Broadcasting Company, all of Washington, D.C.; Richard A. Cutler, Satellite NOMINATION Cable Services, Sioux Falls, South Dakota; Gerald L. Committee on Agriculture, Nutrition, and Forestry: Com- Hassell, The Bank of New York, and Eli Noam, Co- mittee concluded hearings on the nomination of lumbia University, both of New York, New York; Daniel Robert Glickman, of Kansas, to be Secretary U. Bertram Ellis, Jr., Ellis Communications, Inc., of Agriculture, after the nominee, who was intro- Atlanta, Georgia; and Jim Waterbury, KWWL–TV, duced by Senators Dole and Kassebaum, and Rep- Waterloo, Iowa, on behalf of the NBC Affiliates As- resentative Roberts, testified and answered questions sociation. in his own behalf. BONNEVILLE POWER ADMINISTRATION MILITARY READINESS Committee on Energy and Natural Resources: Sub- Committee on Armed Services: Subcommittee on Readi- committee on Energy Production and Regulation ness held hearings to examine a report on military concluded hearings on S. 92, to provide for the re- capabilities and readiness, receiving testimony from constitution of outstanding repayment obligations of Gen. Alfred M. Gray, USMC (Ret.); Adm. Carlisle the Administrator of the Bonneville Power Adminis- A.H. Trost, USN (Ret.); and Gen. Robert W. tration for the appropriated capital investments in RisCassi, USA (Ret.). the Federal Columbia River Power System, after re- Subcommittee recessed subject to call. ceiving testimony from Jack Robertson, Deputy Ad- UNITED STATES AND FOREIGN ministrator, Bonneville Power Administration, De- COMMERCIAL SERVICE partment of Energy; and Angus Duncan, Northwest Power Planning Council, and Geoff Carr, Public Committee on Banking, Housing and Urban Affairs: Power Council, both of Portland, Oregon. Subcommittee on International Finance concluded oversight hearings on the operation of the United TAX TREATMENT OF EXPATRIATE States and Foreign Commercial Service, focusing on AMERICANS proposals to reorganize and to transfer the United Committee on Finance: Subcommittee on Taxation and States and Foreign Commercial Service from the De- IRS Oversight held hearings on proposals to impose partment of Commerce to the Department of State, income tax on unrealized gains of United States citi- after receiving testimony from former Representative zens who relinquish their United States citizenship, Bill Frenzel; Jeffrey E. Garten, Under Secretary of receiving testimony from Jamison S. Borek, Deputy Commerce for International Trade; Paul T. Walters, Legal Adviser, Department of State; Leslie B. Sam- Regional Director, United States and Foreign Com- uels, Assistant Secretary of the Treasury for Tax Pol- mercial Service (King of Prussia, Pennsylvania), De- icy; Ellen K. Harrison, Morgan, Lewis & Bockius, partment of Commerce; J. Michael Farren, Xerox and H. David Rosenbloom, Caplin & Drysdale, Corporation, former Under Secretary of Commerce Chartered, both of Washington, D.C.; Marshall J. for International Trade, John V.E. Hardy, Jr., Brown Langer, Shutts & Bowen, London, England; and & Root, Inc., on behalf of the National Association Robert F. Turner, U.S. Naval War College, New- of Manufacturers, and William Bodde, Jr., Pacific port, Rhode Island. Basin Economic Council, all of Washington, D.C.; Hearings were recessed subject to call. Lawrence J. MacBean, Century Furniture Industries, PEACE POWERS ACT/NATIONAL SECURITY Hickory, North Carolina, on behalf of the North REVITALIZATION ACT Carolina District Export Council; and Thomas J. McNabb, Aquatics Unlimited, Martinez, California. Committee on Foreign Relations: Committee concluded hearings on S. 5, to clarify the war powers of Con- TELECOMMUNICATIONS POLICY REFORM gress and the President in the post-cold-war period, Committee on Commerce, Science, and Transportation: and H.R. 7, to revitalize the national security of the Committee concluded hearings to examine tele- United States, after receiving testimony from Senator communications policy reform issues, focusing on Dole; former Senator Howard Baker; Madeleine K. cable rate deregulation, broadcast ownership, and Albright, Permanent Representative of the United foreign ownership, after receiving testimony from States to the United Nations; Lt. Col. Robin L. Hig- Scott Harris, International Bureau Chief, Federal gins, USMC, Head, Media Branch, Public Affairs March 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 383 Division, Headquarters, United States Marine Corps; Barbara J. Harris, Senior Citizen Services of Greater Jeane J. Kirkpatrick, American Enterprise Institute, Tarrant County, Inc., Fort Worth, Texas. Washington, D.C., former United States Representa- tive to the United Nations; and Charles W. Maynes, HEALTH CARE FRAUD Foreign Policy, Washington, D.C. Special Committee on Aging: Committee concluded hearings to examine the scope of health care fraud AUTHORIZATION—SENIOR NUTRITION and Federal and State efforts to combat this abuse, PROGRAMS/OLDER AMERICANS ACT after receiving testimony from Louis J. Freeh, Direc- Committee on Labor and Human Resources: Subcommit- tor, Federal Bureau of Investigation, Department of tee on Aging concluded hearings on proposed legis- Justice; June Gibbs Brown, Inspector General, De- lation authorizing funds for the Older Americans partment of Health and Human Services; Charles C. Act, focusing on senior nutrition programs under Masten, Inspector General, Department of Labor; Title III, after receiving testimony from Herbert W. Thomas A. Temmerman, California Bureau of Medi- Stupp, New York City Department for the Aging, Cal Fraud, Sacramento, on behalf of the National As- New York, New York; Toby Felcher, CARE, Balti- sociation of Medicaid Fraud Control Units; Bill more, Maryland; Debra Perou-Hermans, Rocking- Gradison, Health Insurance Association of America, ham Nutrition and Meals on Wheels Program, and William J. Mahon, National Health Care Anti- Brentwood, New Hampshire; Margot Clark, North- Fraud Association, both of Washington, D.C.; and west Indiana Meals on Wheels, Crown Point; and certain unidentified witnesses. h House of Representatives Presidential Messages: Read the following mes- Chamber Action sages from the President: Bills Introduced: Nineteen public bills, H.R. Gaza Strip: Message wherein he gives notification 1267–1285; two private bills, H.R. 1286–1287; and of his extension of Generalized System of Preferences three resolutions, H.J. Res. 79 and H. Con. Res. benefits to the West Bank of Gaza Strip—referred to 45–46, were introduced. Pages H3415±17 the Committee on Ways and Means and ordered Reports Filed: Reports were filed as followed: printed (H. Doc. No. 104–47); Pages H3341±42 H.R. 1215, to amend the Internal Revenue Code National Science Foundation: Message wherein of 1986 to strengthen the American family and cre- he transmits the Annual Report of the National ate jobs (H. Rept. 104–84); and Science Foundation for fiscal year 1993—referred to H. Res. 119, providing for the further consider- the Committee on Science; and Page H3342 ation of H.R. 4, to restore the American family, re- duce illegitimacy, control welfare spending, and re- Economic Powers Act: Message wherein he reports duce welfare dependence (H. Rept. 104–85). on the national emergency with respect to the Inter- Page H3415 national Emergencies Economic Powers Act—re- ferred to the Committee on International Relations Speaker Pro Tempore: Read a letter from the and ordered printed (H. Doc. No. 104–48). Speaker wherein he designates Representative Bonilla Pages H3342±43 to act as Speaker pro tempore for today. Page H3329 Meeting Hour: Agreed that the House will meet at Recess: House recessed at 1:29 p.m. and reconvened 10:00 a.m. on Wednesday, March 22. Page H3351 at 2:00 p.m. Page H3335 Employment Practices: Read a letter from Rep- Clerk’s Authorization: Read a letter from the Clerk resentative Fazio wherein he appoints Representatives of the House wherein she designates Mr. Jeffrey Trandahl, Assistant Clerk, in addition to Ms. Linda Jefferson and Pastor to serve on the review panel es- Nave, Deputy Clerk, to sign any and all papers and tablished under the House rules regarding employ- do all other acts under the name of the Clerk of the ment practices. Page H3343 House which she would be authorized to do by vir- Personal Responsibility Act: House completed all tue of such designation, except as provided by stat- general debate on H.R. 4, to restore the American ute, in case of the Clerk’s temporary absence or dis- family, reduce illegitimacy, control welfare spending ability. Page H3335 D 384 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 1995 and reduce welfare dependence. Consideration of National Institute of General Medical Sciences; amendments will begin on Wednesday, March 22. Richard J. Hodes, M.D., Director, National Institute Pages H3352±98 on Aging; Michael D. Lockshin, M.D., Acting Di- H. Res. 117, the rule which provided for general rector, National Institute of Arthritis and Musculo- debate on the bill, was agreed to earlier by a voice skeletal and Skin Diseases; and James B. Snow, vote. Pages H3343±51 M.D., Director, National Institute on Deafness and Senate Messages: Messages received from the Senate other Communication Disorders. today appear on page H3341. MILITARY CONSTRUCTION Quorum Calls—Votes: No quorum calls or votes APPROPRIATIONS developed during the proceedings of the House Committee on Appropriations: Subcommittee on Mili- today. tary Construction held a hearing on Base Closure. Adjournment: Met at 12:30 p.m. and adjourned at Testimony was heard from Robert E. Bayer, Deputy 11:54 p.m. Assistant Secretary (Installations), Department of De- fense. Committee Meetings TRANSPORTATION APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on Trans- FDA, AND RELATED AGENCIES portation (and Related Agencies) continued appro- APPROPRIATIONS priation hearings. Testimony was heard from public Committee on Appropriations: Subcommittee on Agri- witnesses. culture, Rural Development, Food and Drug Admin- TREASURY, POSTAL SERVICE, GENERAL istration, and Related Agencies held a hearing on GOVERNMENT APPROPRIATIONS Foreign Agricultural Service. Testimony was heard Committee on Appropriations: Subcommittee on Treas- from August Schumacher, Jr., Administrator, For- ury, Postal Service, and General Government contin- eign Agricultural Service, USDA. ued appropriation hearings. Testimony was heard ENERGY AND WATER DEVELOPMENT from public witnesses. APPROPRIATIONS VA, HUD, AND INDEPENDENT AGENCIES Committee on Appropriations: Subcommittee on Energy APPROPRIATIONS and Water Development continued appropriation Committee on Appropriations: Subcommittee on Veter- hearings. Testimony was heard from Members of ans’ Affairs and Housing and Urban Development, Congress and public witnesses. and Independent Agencies held a hearing on the INTERIOR APPROPRIATIONS FEMA. Testimony was heard from James Lee Witt, Committee on Appropriations: Subcommittee on Interior Director, FEMA. (and Related Agencies) held a hearing on the Insti- FINANCIAL SERVICES COMPETITIVENESS tute of Museum Services and on the National En- ACT dowment for the Humanities. Testimony was heard Committee on Banking and Financial Services: Continued from the following officials of the National Founda- hearings on the following: H.R. 1062, Financial tion on the Arts and the Humanities: Diane B. Services Competitiveness Act of 1995; Glass-Steagall Frankel, Director, Institute of Museum Services; and Reform; and related issues. Testimony was heard Sheldon Hackney, Chairman, National Endowment from public witnesses. for the Humanities. Hearings continue tomorrow. LABOR—HHS—EDUCATION PRIVATE SECTOR SOLUTIONS TO APPROPRIATIONS MEDICARE Committee on Appropriations: Subcommittee on Labor, Committee on the Budget: Held a hearing on Private Health and Human Services, and Education (and Re- Sector Solutions to Medicare. Testimony was heard lated Agencies) held a hearing on National Institute from William Roper, M.D., former Administrator, of General Medical Sciences and National Institute Health Care Financing Administration, Department of Aging, National Institute of Arthritis and Mus- of Health and Human Services; and public witnesses. culoskeletal and Skin Diseases, and on National In- stitute on Deafness and Other Communication Dis- OVERSIGHT orders. Testimony was heard from the following offi- Committee on Commerce: Subcommittee on Energy and cials of NIH, Department of Health and Human Power held an oversight hearing on the status of the Services: Marvin Cassman, M.D., Acting Director, international global climate change negotiations and March 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 385 their impact on the U.S. economy. Testimony was minority member of the Ways and Means Commit- heard from Rafe Pomerance, Deputy Assistant Sec- tee. retary, Environment and Development, Department The rule permits the original proponent of an of State; Susan Tierney, Assistant Secretary, Policy, amendment included in an en bloc amendment to Department of Energy; Karl Hausker, Deputy As- insert a statement in the Congressional Record im- sistant Administrator, Office of Policy, Planning and mediately prior to the disposition of the amend- Evaluation, EPA; and public witnesses. ments en bloc. TRAINING ISSUES The rule permits the Chairman of the Committee of the Whole to postpone until a time during fur- Committee on Economic and Educational Opportunities: ther consideration in the Committee of the Whole Subcommittee on Postsecondary Education, Training a request for a recorded vote on any amendment and Life-Long Learning continued hearings on train- made in order by the rule, and to reduce to five ing issues. Testimony was heard from public wit- minutes the time for voting on any such postponed nesses. question following the first such vote if there is no Hearings continue March 23. intervening business. The Chairman of the Commit- OVERSIGHT tee of the Whole may recognize out of the order Committee on Government Reform and Oversight: Sub- printed the consideration of any amendment made in committee on Government Management, Informa- order by the rule, provided it is not sooner than one tion, and Technology held an oversight hearing on hour after the chairman of the Ways and Means Post Federal Telecommunications System Acquisition Committee or a designee announces from the floor Strategy. Testimony was heard from Jack Brock, Di- a request to that effect. rector, Information Resources Management, GAO; Following the disposition of the amendments and public witnesses. printed in the Rules Committee report and any en Hearings continue March 28. bloc combinations thereof, it shall be in order to consider three amendments in the nature of a sub- PERSONAL RESPONSIBILITY ACT OF 1995 stitute if offered by the named proponent or a des- Committee on Rules: Granted, by a recorded vote of 7 ignee, if offered in the following order, debatable for to 5, a modified closed rule which provides for the one hour each: (1) an amendment in the nature of further consideration of H.R. 4, the ‘‘Personal Re- a substitute consisting of the text of H.R. 1267 if sponsibility Act of 1995.’’ The rule provides for the offered by Representative Deal of Georgia; (2) an adoption in the House and Committee of the Whole amendment in the nature of a substitute consisting of an amendment in the nature of a substitute con- of the text H.R. 1250 if offered by Representative sisting of the text of H.R. 1214, for the bill as so Mink of Hawaii; and (3) an amendment in the na- amended to be considered an original bill for the ture of a substitute consisting of the text of the bill purpose of amendment, and for the bill as so amend- as amended prior to the consideration of the three ed to be considered as read. Only amendments print- substitutes if offered by the chairman of the Com- ed in the Rules Committee report or specified in the mittee on Ways and Means or a designee. The rule are in order, and the amendments are considered amendments shall not be subject to further amend- as read. Except as otherwise specified in the rule, ment except for the third amendment which may be amendments printed in the rule may only be offered amended by any amendment printed in the report in the order specified, by the Member designated, not yet offered, but subject to the same conditions and debatable for 20 minutes each, equally divided for debate and consideration out of order, including between the proponent and an opponent, except that the one-hour notice requirement. the chairman and ranking minority member of the If more than one amendment in the nature of a Ways and Means Committee, or their designees, may substitute is adopted, the one receiving the most af- offer one pro forma amendment each per amendment firmative votes shall be considered as finally adopted for debate purposes. All points of order are waived and reported to the House. In the case of a tie, the against the amendments made in order by the rule. last such amendment adopted receiving the most The Committee on Ways and Means or a designee votes shall be reported. may offer amendments en bloc consisting of amend- It shall be in order in the House to demand a sep- ments not previously disposed of which are printed arate vote to any amendment adopted to the bill or in the Rules Committee report or germane modifica- incorporated in the third amendment in the nature tions thereof. The amendments offered en bloc shall of a substitute made in order unless it is replaced by be considered as read (except that modifications shall another amendment in the nature of a substitute. be reported), shall be debatable for 20 minutes Finally, the rule provides one motion to recom- equally divided between the chairman and ranking mit, with or without instructions. D 386 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 1995 COMMITTEE BUSINESS Con. Res. 9, expressing the sense of the Congress regard- ing a private visit by President Lee Teng-hui of the Re- Committee on Standards of Official Conduct: Met in ex- public of China on Taiwan to the United States; Treaty ecutive session to consider pending business. Doc. 103–25, with respect to restrictions on the use of MEDICARE AND PRIVATE SECTOR HEALTH certain conventional weapons, and pending nominations, CARE 10 a.m., SD–419. Committee on Indian Affairs, to hold hearings on S. 441, Committee on Ways and Means: Subcommittee on to authorize funds for certain programs under the Indian Health held a hearing on Medicare and Private Sec- Child Protection and Family Violence Prevention Act, tor Health Care Quality Measurement, Assurance and S. 510, to extend the authorization for certain pro- and Improvement. Testimony was heard from the grams under the Native American Programs Act of 1974, following officials of the Department of Health and 2:30 p.m., SR–485. Human Services: Bruce C. Vladeck, Administrator, Health Care Financing Administration; and Philip House R. Lee, M.D., Assistant Secretary, Health; and public Committee on Appropriations, Subcommittee on Agri- witnesses. culture, Rural Development, Food and Drug Administra- tion, and Related Agencies, on Cooperative States Re- ANALYSIS AND PRODUCTION; MARITIME search and Education and Extension Service, 1 p.m., and Permanent Select Committee on Intelligence: Met in execu- on Congressional and Public Witnesses, 4 p.m., 2362A tive session to hold a hearing on Analysis and Pro- Rayburn. duction. Testimony was heard from departmental Subcommittee on Commerce, Justice, State, and Judici- witnesses. ary (and Related Agencies), on Telecommunications Is- The Committee also met in executive session to sues, 2:30 p.m., H–309 Capitol. Subcommittee on Energy and Water Development, on hold a hearing on Maritime. Testimony was heard Congressional and Public Witnesses, 10 a.m. and 2 p.m., from departmental witnesses. 2362B Rayburn. f Subcommittee on Interior (and Related Agencies), on Forest Service, 10 a.m. and 1:30 p.m., B–308 Rayburn. COMMITTEE MEETINGS FOR Subcommittee on Labor, Health and Human Services, WEDNESDAY, MARCH 22, 1995 and Education (and Related Agencies), on National Insti- (Committee meetings are open unless otherwise indicated) tute of Nursing Research, National Institute on Alcohol Abuse and Alcoholism, and on Fogarty International Cen- Senate ter, 10 a.m., and on National Institute of Mental Health, Committee on Appropriations, Subcommittee on Agri- National Institute of Drug Abuse and on National Li- culture, Rural Development, and Related Agencies, to brary of Medicine, 2 p.m., 2358 Rayburn. hold hearings on proposed budget estimates for fiscal year Subcommittee on National Security, executive, on Bal- 1996 for the Natural Resources Conservation Service, De- listic and Cruise Missile Threat, 10 a.m., executive, on partment of Agriculture, 10 a.m., SD–138. ABM Treaty, 11 a.m., and executive, on BMDO Pro- Committee on Banking, Housing, and Urban Affairs, Sub- grams and Budget, 1:30 p.m., H–140 Capitol. committee on Securities, to hold hearings to examine se- Subcommittee on Transportation (and Related Agen- curities litigation reform proposals, 10 a.m., SD–538. cies), on Public Witnesses, 10 a.m., HC–6 Capitol. Committee on Energy and Natural Resources, to hold over- Subcommittee on Treasury, Postal Service, and General sight hearings to review a report prepared for the com- Government, on OMB, 10 a.m., B–307 Rayburn. mittee on the cleanup of Hanford Nuclear Reservation, Subcommittee on Veterans Affairs, Housing and Urban 9:30 a.m., SD–366. Development and Independent Agencies, on Office of Committee on Environment and Public Works, to hold hear- Science and Technology Policy, 2 p.m., H–143 Capitol. ings to examine the impact of regulatory reform proposals Committee on Banking and Financial Services, to continue on environmental and other laws within the jurisdiction hearings on the following: H.R. 1062, Financial Services of the committee, 9:30 a.m., SD–406. Competitiveness Act of 1995; Glass-Steagall Reform; and Committee on Finance, Subcommittee on Social Security related issues, 10 a.m., 2128 Rayburn. and Family Policy, to hold hearings to examine the rising Committee on the Budget, hearing on the Fall of Medicare costs of the Supplemental Security Income and Social Se- Trust Fund, 10 a.m. and 2 p.m., 210 Cannon. curity Disability Insurance Programs, 10 a.m., SD–215. Committee on Commerce, Subcommittee on Health and Committee on Foreign Relations, business meeting, to con- Environment, to mark up H.R. 483, to amend title XVII sider S. Con. Res. 6, to express the sense of the Senate of the Social Security Act to permit Medicare select poli- concerning compliance by the Government of Mexico re- cies to be offered in all States, 10 a.m., 2123 Rayburn. garding certain loans; S. 384, to require a report on Unit- Committee on Economic and Educational Opportunities, Sub- ed States support for Mexico during its debt crisis; S. committee on Oversight and Investigations, hearing on Con. Res. 3, relating to Taiwan and the United States; Education Standards, 10 a.m., 2175 Rayburn. S. Con. Res. 4, expressing the sense of Congress with re- Committee on Government Reform and Oversight, Sub- spect to the North-South Korea Agreed Framework; S. committee on Government Management, Information, March 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 387 and Technology, to mark up H.R. 11, Family Reinforce- and H.R. 962, to amend the Immigration Act of 1990 ment Act of 1995, 10 a.m., 2154 Rayburn. relating to the membership of the United States Commis- Subcommittee on Human Resources and Intergovern- sion on Immigration Reform; and to consider other pend- mental Relations, oversight hearing on Department of ing committee business, 10 a.m., 2141 Rayburn. Health and Human Services: Opportunities for Cost Sav- Committee on National Security, to continue hearings on ings, 10 a.m., 2247 Rayburn. the fiscal year 1996 national defense authorization re- Committee on International Relations, Subcommittee on quest, 9:30 a.m., 2118 Rayburn. Africa, hearing on the Crisis in Sudan, 10 a.m., 2200 Subcommittee on Military Readiness, hearing on Naval Rayburn. Petroleum Reserves, 2 p.m., 2212 Rayburn. Subcommittee on Western Hemisphere Affairs, to Committee on Transportation and Infrastructure, Sub- mark up H.R. 927, Cuban Liberty and Democratic Soli- committee on Aviation, hearing on the Financial Condi- darity (LIBERTAD) Act of 1995, 3 p.m., 2172 Rayburn. tion of the Airline Industry: Present and Future (focus on Committee on the Judiciary, to mark up the following continuation of the fuel tax exemption), 1 p.m., 2167 bills: H.R. 660, Housing for Older Persons Act of 1995; H.R. 1240, Sexual Crimes Against Children Act of 1995; Rayburn. D 388 CONGRESSIONAL RECORD — DAILY DIGEST March 21, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 22 10 a.m., Wednesday, March 22

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Continue consideration of ation of S. 4, Legislative Line-Item Veto, and amend- H.R. 4, Personal Responsibility Act. ments to be proposed thereto, with a cloture vote on Dole Amendment No. 347, to provide for the separate enrollment for presentation to the President of each item of any appropriation bill and each item in any authoriza- tion bill or resolution providing direct spending or tar- geted tax benefits, to occur at 6 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Durbin, Richard J., Ill., E639 Mineta, Norman Y., Calif., E637 Edwards, Chet, Tex., E644 Moorhead, Carlos J., Calif., E641, E646 Ackerman, Gary L., N.Y., E638 Ewing, Thomas W., Ill., E650 Orton, Bill, Utah, E645 Barr, Bob, Ga., E649 Frank, Barney, Mass., E639 Pelosi, Nancy, Calif., E644, E648 Bateman, Herbert H., Va., E640 Goodlatte, Bob, Va., E646 Pickett, Owen B., Va., E645 Bevill, Tom, Ala., E649 Hamilton, Lee H., Ind., E639, E641, E647 Schumer, Charles E., N.Y., E639 Bliley, Thomas J., Jr., Va., E635 Lantos, Tom, Calif., E637 Smith, Christopher H., N.J., E640 Coburn, Tom A., Okla., E648 McDade, Joseph M., Pa., E638 Thurman, Karen L., Fla., E650 Coleman, Ronald D., Tex., E644 McHugh, John M., N.Y., E637 Torres, Esteban Edward, Calif., E635, E638 Dingell, John D., Mich., E650 Manton, Thomas J., N.Y., E635 Weldon, Curt, Pa., E648 Dixon, Julian C., Calif., E641 Miller, George, Calif., E647 Woolsey, Lynn C., Calif., E647, E649, E653

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