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, FRIDAY, SEPTEMBER 29, 1995 No. 154 Senate (Legislative day of Monday, September 25, 1995)

The Senate met at 9 a.m., on the ex- DEPARTMENT OF COMMERCE, JUS- Mr. President, I intend to be brief, piration of the recess, and was called to TICE, AND STATE, THE JUDICI- and I note the presence of the Senator order by the President pro tempore ARY, AND RELATED AGENCIES from North Dakota here on the floor. I [Mr. THURMOND]. APPROPRIATIONS ACT, 1996 know that he needs at least 10 minutes The PRESIDENT pro tempore. The of the 30 minutes for this side. I just want to recap the situation as PRAYER clerk will report the pending bill. The assistant legislative clerk read I see this amendment. First of all, Mr. The Chaplain, Dr. Lloyd John as follows: President, the choice is clear here what Ogilvie, offered the following prayer: A bill (H.R. 2076) making appropriations we are talking about. The question is Let us pray: for the Department of Commerce, Justice, whether we will auction this spectrum off, which, according to experts, the Lord of history, God of Abraham and and State, the Judiciary and related agen- value is between $300 and $700 million, Israel, we praise You for answered cies for the fiscal year ending September 30, 1996, and for other purposes. or it will be granted to a very large and prayer for peace in the Middle East very powerful corporation in America manifested in the historic peace treaty The Senate resumed consideration of for considerably less money. Originally signed yesterday between the Pales- the bill. it was going to be about $5 million and tinian Liberation Organization and Pending: Biden amendment No. 2815, to restore fund- up to $45 million, and now I understand Israel. We press on to the work of this ing for grants to combat violence against it is about $100 million. day in the assurance that You are in women. I want to briefly describe the chro- control and seek to accomplish Your McCain-Dorgan amendment No. 2816, to en- nology of how we got where we are plans through us if we will trust You. sure competitive bidding for DBS spectrum. today. I want to repeat before I con- Oh God, together we salute You as Kerrey amendment No. 2817, to decrease the amount of funding for Federal Bureau of tinue, I have no interest in this issue. Lord of our lives, the One to whom we Investigation construction and increase the There is no company in my State. all must report, the only One we ulti- amount of funding for the National Informa- There is no corporation that I have en- mately need to please, and the One who tion Infrastructure. gaged in the dialog on this issue. I am is the final judge of our leadership, we Biden-Bryan amendment No. 2818, to re- simply involved in this issue, as is the pray that our shared loyalty to You as store funding for residential substance abuse Senator from North Dakota, because our Sovereign Lord will draw us closer treatment for State prisoners, rural drug en- what is at stake here is whether the to one another in the bond of service to forcement assistance, the Public Safety Partnership and Community Policing Act of American taxpayers will be deprived of our Nation. It is in fellowship with You 1994, drug courts, grants or contracts to the somewhere between $300 and $700 mil- that we find one another. Whenever we Boys and Girls Clubs of America to establish lion. are divided in our differences over sec- Boys and Girls Clubs in public housing, and For the record, Mr. President, I point ondary matters, remind us of our one- law enforcement family support programs, to out that on September 16, 1995, ACC, ness on essential issues; our account- restore the authority of the Office of Na- which was the original holder of the li- ability to You, our commitment to tional Drug Control Policy, to strike the cense for this spectrum, entered into Your Commandments, our dedication State and Local Law Enforcement Assist- an agreement with TCI to sell its spec- to Your justice and mercy, our patriot- ance Block Grant Program, and to restore trum to TCI for $45 million. The ACC the option of States to use prison block ism for our Nation, and our shared grant funds for boot camps. costs at that time were estimated to prayer that through our efforts You Domenici amendment No. 2819 (to com- have been $5 million. Such a sale would will provide Your best for our Nation. mittee amendment on page 26, line 18), to have meant that ACC would actually There’s something else, Lord: We all improve provisions relating to appropria- have profited from warehousing this admit our total dependence on Your tions for legal assistance. spectrum for 10 years. presence to give us strength and cour- AMENDMENT NO. 2816 In August and September of 1995, TCI age. So with one mind and a shared The PRESIDENT pro tempore. Under had a sweetheart deal pending before commitment, we humbly fall on the the previous order, the Senate will now the FCC as follows: TCI would give up knees of our hearts and ask that You resume consideration of the McCain some of the allocated DBS spectrum bless us and keep us, make Your face amendment No. 2816 on which there and in return receive the ACC at a cost shine upon us, lift up Your coun- shall be 60 minutes equally divided. of $5 million, which is to pay for costs tenance before us, and grant us Your Mr. MCCAIN. Mr. President, I yield incurred by ACC. The $5 million would peace. In the name of Jesus. Amen. myself such time as I may consume. not be paid in cash. Instead, it would

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

S14573

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VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14574 CONGRESSIONAL RECORD — SENATE September 29, 1995 be in the form of Primestar stock, passage of this amendment. The Na- again, this, of course, is the Congress which could have a much greater value tional Rural Telecommunications Co- injecting itself into the functions and than the original $45 million. operative, the NRTC, which has loudly responsibilities of the Federal Commu- The spectrum given up by TCI is val- supported this amendment, has very nications Commission. There is no ued at substantially less value than the good reason to do so. The NRTC has an question at this very moment the FCC ACC spectrum. TCI would give up 11 exclusive contract in many rural areas can auction the so-called spectrum channels at 119 degrees and spectrum, to market the DBS service of General that is now in dispute. I emphasize allowing DBS service be provided to Motors’ direct TV. So any delay in in- ‘‘dispute’’ because it is a legal case Latin America, the Pacific rim, and troducing significant high-power DBS that has been in the courts, now, for China. competition will benefit the NRTC’s over a year. It is on appeal. No industry expert believes at this exclusive sales deal. There has been a vote, so to speak, time that those markets will be nearly I do not criticize the NRTC for hav- informally, at least, by way of reports. as lucrative as the U.S. market. The ing such a deal, but I think it is impor- Lawyers call from both sides of this week of September 18, 1995, TCI pro- tant to know as we discuss this amend- case. I understand, now, the vote is 2 to poses it be given the spectrum at 110 ment and note who is supporting it, 2 at the FCC: Two members of the FCC degrees west latitude orbit and gives that the NRTC is far from a disin- disposed toward an auction, two dis- up DBS spectrum as noted above, terested party. In fact, the delays that posed toward what they characterize as which is sold at public auction. What- this amendment will create in the abil- the recommendation of the staff—the ever the price such spectrum is sold for ity of any major competitor to chal- staff that studied this case and handled is the price TCI pays for the 110 degree lenge the dominance of direct TV the testimony and otherwise. There is west longitude orbit spectrum. works directly in favor of those such as one indecisive member. September 25, 1995, it is reported that the NRTC who retain monopoly sales So we come with an amendment, an alternative plan has been developed rights in rural America. without any hearings, without really allowing Primestar access to DBS This is a far more complex subject knowing what we are talking about channels at prices well above $45 mil- than we are even aware. The implica- and doing, and we say we know how to lion. TCI expected to pay for advanced tions of what this amendment would do grant licenses and everything of that communications for channels. Now we are unknown. There have been no hear- kind, so hereby is the way to do it. hear about a plan where TCI will pay ings. The expert agency is already con- The fact is, this Senator is very anx- $100 million for the channels. sidering the issues involved. It already ious, like all Senators, to find money. Mr. President, if TCI says the spec- has the authority to both do what is In fact, at this stage of the Congress, it trum is worth $100 million and they are right and assure maximum benefit for is like tying two cats by the tails and prepared to pay $100 million, then let the value of the licenses. It is bad pub- throwing them over the clothesline and them bid $100 million. TCI is proposing lic policy for this body to step in and letting them claw each other. No Sen- they pay $100 million for the spectrum interfere with the adjudicatory process ator can put up an amendment that he and they will give up other spectrum. of an agency when we don’t even know does not take away money from some Under this auction plan they could who the parties are in the dispute. other Senator or some other function. keep their current spectrum and win at That is why the bipartisan leadership So I cosponsored, with the distin- auction the new spectrum. If all spec- of the Commerce Committee opposes guished Senator from Alaska, the auc- trum is equal, it does make good busi- this amendment and why my col- tion process that has already reaped ness sense for TCI to have as much leagues should also oppose it. The some $9 billion. I went along, of course, spectrum as possible. Of course it does. modification of this amendment as of- with another $8.3 billion offset in the TCI knows the value of spectrum and fered by the Senator from Arizona [Mr. telecom bill by way of auction. knows what it wants to give up is val- MCCAIN], seems to resolve our disagree- So I am very much for auctions, and ueless compared to what it wants to re- ment and heartily support this com- I am very much for the money being ceive. promise. reaped by the Government itself. That Why would one company change the Mr. BROWN. Mr. President, I suggest is what we are here for, to look out for amount it is willing to pay from $5 to the absence of a quorum. all the people. $100 million in a matter of months? The PRESIDING OFFICER. The Having said that, I see the parties on Mr. President, last night—I have not clerk will call the roll. the floor here, and they have been dis- had a chance to talk to my friend from The assistant legislative clerk pro- cussing it. Colorado. He proposed a compromise ceeded to call the roll. So I reserve the remainder of our that the amendment should read that Mr. HOLLINGS. Mr. President, I ask time. the auction should be conducted within unanimous consent that the order for Mr. DORGAN. Mr. President, under 60 days, and I want to tell my friend the quorum call be rescinded. the time agreement, I yield myself from Colorado I am still prepared to The PRESIDING OFFICER (Mr. such time as I may use from the time accept that amendment. CAMPBELL). Without objection, it is so allocated to Senator MCCAIN and my- Mr. President, I reserve the remain- ordered. self. der of my time. COMMITTEE AMENDMENT ON PAGE 79, LINES 1 The PRESIDING OFFICER. The Sen- Mr. CAMPBELL. Mr. President, THROUGH 6 ator from North Dakota [Mr. DORGAN] there will be much discussion today Mr. HOLLINGS. Mr. President, on is recognized. about estimates of money, but very lit- last evening there was a managers’ Mr. DORGAN. Mr. President, I would tle about who stands to make it. Of amendment. A mistake in the actual like to discuss this issue generally and course we are all interested in sup- drafting was made. This has been begin by saying that I join Senator porting actions that will aid the Na- cleared on both sides. Mr. President, I MCCAIN, the Senator from Arizona, in tional Treasury. However, with regard ask unanimous consent the committee offering an amendment. I do not have to this amendment, as the Congres- amendment on page 79, lines 1 through any special interest in this issue. I sional Budget Office has pointed out, 6, be withdrawn. state, as Senator MCCAIN did, that I do the Federal Communications Commis- The PRESIDING OFFICER. Without not have company headquarters or sion can hold auctions for the licenses objection, it is so ordered. company interests in North Dakota in question, and as I understand it, is So the committee amendment on dealing with this issue. I do not have already considering a proposal that page 79, lines 1 through 6, was with- any great concern or interest in who would raise even more money than we drawn. ends up with these licenses. That is not are currently considering in this Mr. HOLLINGS. I thank the Chair my interest. My interest today is with amendment without any legislative and the staff who caught this for us. I the taxpayer. The issue here is an issue intervention on our part. am glad it is corrected. of anywhere from $300 to $700 million. However, it should be noted in this AMENDMENT NO. 2816 Senator MCCAIN, I think, has well de- debate that one of the supporting Mr. HOLLINGS. Just one word about scribed the history. But let me just groups will definitely gain from the the McCain-Dorgan amendment. Once thumbnail it again.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14575 Ten years ago, the Federal Commu- nications breakthrough. This is part of that is the whole logic of what we are nications Commission awarded special the answer: Direct broadcast satellite trying to do here. We find it not only national licenses for the launching of systems that reach all parts of this acceptable, but a definition of what we direct broadcast satellite systems in country. are trying to achieve. three orbital locations. They are the These are wonderful things for our I thank Senator BROWN for agreeing only three orbital locations that are future. It is going to enhance commu- to this modification. available that will provide DBS serv- nications and provide entertainment I reserve the remainder of my time. I ices nationally across the country. So and information to everyone in this would like to yield 1 minute to the 10 years ago, they awarded licenses for country. It represents competition, as Senator from North Dakota. these slots would provide direct broad- well, competition to the wired cable The PRESIDING OFFICER. The Sen- cast satellite services that would reach systems in our country. ator from North Dakota. So I am excited about all of this. I all across the country. Two of those li- Mr. DORGAN. Mr. President, the want all three systems to be up and op- censees have performed, and have modification that has been offered by moved ahead. Another will launch erating. The point that we make in this Senator MCCAIN is one that, as I under- soon. But one of the original licensees stand it, would suggest that, if there is did not perform. It did not perform amendment is not a point directed at any company, to favor any company or an alternative approach that would what is called due diligence. It had the yield as much or more to the U.S. license, but in 10 years did not perform to penalize any company. God bless them all. Let them go at it and provide Treasury and the taxpayer, that would due diligence and, therefore, the FCC be acceptable. That presumes that ap- said, ‘‘Since you are not going to per- this breathtaking new technology. Our point is a point that we make on behalf proach meets the test of fairness, and form, we will take the license back.’’ meets all the other tests of fairness re- The original licenses were awarded of the taxpayers. We want this spec- trum, which has significant value, to quired under an FCC process. free of charge in exchange for them Again, it is not our intention on the going ahead and developing these sys- provide its value to the American tax- payer. This is a $300 to $700 million floor of the Senate to be talking about tems. They got the licenses, which had who should be involved in this. I have enormous value, free of charge. When question. And the question ought to be answered, in our judgment, in favor of no interest in that at all—none. The one of the licensees did not perform, question is, What cost does the Amer- the FCC took it back. the American taxpayer. That is why we bring this amend- ican taxpayer, who owns this spectrum, What value does it have? If the FCC get for this process under these cir- were to auction it off, were to find a ment to the floor. We want the FCC to auction that third license. That is cumstances where one licensee did not company now to run it, or who wants perform and the license has been taken to participate in this DBS system, it is what our amendment provides. Mr. President, I reserve the remain- back by the FCC? estimated that at an auction it would der of our time. We want full value for that spectrum. raise from $300 to $700 million. It has AMENDMENT NO. 2816, AS MODIFIED That is what our amendment asks for, very substantial value. That is the and the modification does not change value to the taxpayers. The taxpayers Mr. MCCAIN. Mr. President, I ask unanimous consent to modify my that request. I am pleased to accept own this spectrum. the modification, as well. What has happened is when the FCC amendment. The modification is at the Mr. BROWN. Mr. President, I want to pulled the license back and said, ‘‘If desk. add my voice of support for the modi- you are not going to perform, we will The PRESIDING OFFICER. Is there fication. take the license back,’’ and did, the objection? Without objection, it is so ordered. company that was not performing We are all very wary of having Con- The amendment (No. 2816), as modi- gress intervene in the middle of the ad- began talking with other companies, fied, is as follows: especially large cable companies, and judicatory action by the FCC. I think At the end of the pending committee they began to try to make a deal for all Members are aware that there is a amendment, insert the following new sec- great deal of money available in the this in order to accomplish a handoff. tion: That is the process that is now under disposition of this matter. What I like ‘‘SEC. . COMPETITIVE BIDDING FOR ASSIGN- so much about the modification, Mr. discussion at the FCC. MENT OF DBS LICENSES. The amendment offered by the Sen- No funds provided in this or any other Act President, is simply this: It leaves the ator from Arizona and myself is an shall be expended to take any action regard- FCC free to pick an option that raises amendment that says we think that ing the applications that bear Federal Com- the most money for the Treasury. It this simply should go to auction. Let munications Commission File Numbers puts this Congress in a position of not DBS–94–11EXT, DBS–94–15ACP, and DBS–94– trying to dictate an option that may be us just have an auction for the third 16MP; Provided further, that funds shall be slot. Let us have the taxpayers, the less advantageous for the taxpayers. It made available for any action taken by the makes it clear that the FCC retains American public, benefit from the $300 Federal Communications Commission to use to $700 million that will be raised. the competitive bidding process prescribed in some power to pick the best option for I do not care who wins the auction. I Section 309(j) of the Communications Act of the taxpayers—one that will bring in have no interest in any of these compa- 1934 (47 U.S.C. section 309(j)) regarding the the most revenue to the United States. nies. It just ought to be auctioned, and disposition of the 27 channels at 110 degrees Frankly, it seems to me that the the money raised go to the public W.L. orbital location; Provided further, That modification represents the appro- the provisions of this section apply unless Treasury, reduce the Federal deficit, or priate position both for the FCC and the Federal Communications Commission for this Congress. We should not be in do other things. But in any event, the determines that an alternative adjudication taxpayers ought to get full value for would yield more money for the U.S. Treas- the business of precluding the options this spectrum. ury.’’ of the FCC while they are adjudicating That is the point of the amendment. Mr. McCAIN. Mr. President, the a matter. I might say that I think the DBS sys- modification at the desk is very simple I commend the Senator from Arizona tems are breathtaking and wonderful language. It adds one sentence that I for his modification. I believe it settles this question in terms of this Chamber achievements. They will provide spec- have discussed with Senator DORGAN and that the measure has unanimous tacular new technology and competi- and with Senator BROWN. At the end of tion in the rural areas of America and the amendment, it adds the following support. all over our country. The Presiding Of- language: Mr. President, I do not know if the ficer is from Colorado, and Colorado Provided further, that the provisions of this Senator wishes to retain his record has rural regions and small towns far section apply unless the Federal Commu- vote. Obviously, if he does, that is fine. away from many major locations, just nications Commission determines that an al- But my sense is that at this point the as my State of North Dakota. ternative adjudication would yield more Chamber is ready to accept his modi- I have often wondered how we, in money for the U.S. Treasury. fied amendment unanimously. small communities, are going to be After discussion with Senator BROWN Mr. McCAIN. Mr. President, I thank able to take advantage of this commu- and Senator DORGAN, Mr. President, again the Senator from Colorado. I do

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14576 CONGRESSIONAL RECORD — SENATE September 29, 1995 not know a finer individual in the Sen- peditiously,’’ Inquiry into the Development of clude other applicants who are willing, ate than Senator BROWN from Colo- Regulatory Policy in Regard to Direct Broadcast ready, and able of delaying, or even denying, rado. He has always had the interests Satellites. Report and Order, 90 FCC Rcd. 676, service to the public. Revision of Part 21 of the 719 (1982). The rules provide that a construc- Commission’s rules, 2 FCC Rcd. 5713 (1987). The of the constituents and fairness in tion permittee must complete construction Commission’s rules for these services provide mind. It has been a privilege for me to of a satellite of complete contracting for that a license shall be forfeited automati- work with him on many, many issues, construction of a satellite within one year of cally when the period permitted under the especially those that are in opposition the grant of the permit and be in operation construction permit expires. 47 C.F.R. § 21.44. to procedures around here that some- within six years of the construction permit See also Cable TV Services, 8 FCC Rcd. 3204 times deprive the taxpayers of their grant, unless the Commission grants an ex- (1993) (wireless cable construction permit re- hard-earned tax dollars in a way which tension upon a proper showing in a par- voked for failure to construct); Miami MDS is unacceptable to the vast majority of ticular case. Transfer of control of the per- Company, 7 FCC Rcd. 4347 (1992) (construction mit will not be considered to justify an ex- permit not renewed because of failure to con- them. His agreement to modify this tension. See 47 U.S.C. § 100.19(b). struct within allotted time period). amendment so that it is more clear and In the ACC case, ACC entered into a con- Television and Radio Broadcasting.—The achieves the goal which we seek is I tract with TCI for reportedly $45 million in Mass Media Bureau routinely revokes con- think indicative of the individual. TCI stock contingent upon a second exten- struction permits or denies renewals for un- It is worth pointing out that the sion of ACC’s construction permit. ACC and built broadcast stations under delegated au- company which is directly affected by TCI assumed a business risk when it entered thority from the Commission. These proce- dures are so commonplace that they are of- this legislation is located in his State. this contingent contract because both com- panies were fully aware that ACC had been tentimes handled by letter from the Bureau So I want to thank him for his agree- ‘‘hoarding’’ spectrum as shown by the record rather than by reported decision. See at- ment. I believe that he has strength- developed at the FCC. Any reliance these tached letter to New Orleans Channel 20 in ened what we are trying to do and that companies may have had on FCC approval in which the Mass Media Bureau denies an ex- is to provide the taxpayer with the this case would have been totally unreason- tension of a construction permit and denies maximum amount of dollars for the able and unjustified under the FCC’s current transfer (sale) of the construction permit. property they actually own. DBS rules. As the International Bureau The construction permit rules for broadcast Mr. President, I have a legal docu- noted in its decision revoking ACC’s DBS stations are contained in 47 C.F.R. § 73.3534. construction permit. SUBPART A—GENERAL INFORMATION ment that I think is important to bol- Advanced has had over ten years, including ster this argument I would like to ask § 100.1 Basis and purpose. one four-year extension, in which to con- (a) The rules following in this part are pro- unanimous consent be made a part of struct and launch its DBS system. It has mulgated pursuant to the provisions of Title the RECORD. It is a series of legal opin- failed to do so. It has thereby failed to meet III of the Communications Act of 1934, as ions concerning this entire issue. I am the Commission’s due diligence rules—im- amended, which vests authority in the Fed- pleased to note again that I am not a posed a decade ago—to ensure that the pub- eral Communications Commission to regu- lawyer, but I do believe that on an lic received prompt DBS service. In the late radio transmissions and to issue licenses meantime, the channels and orbital positions issue like this the CONGRESSIONAL for radio stations. assigned to Advanced have gone unused. (b) The purpose of this part is to prescribe RECORD should contain legal docu- Other DBS licensees have already begun op- the manner in which parts of the radio fre- mentation to bolster the argument the eration. Only by enforcing the progress re- quency spectrum may be made available for Senator from North Dakota and I have quirements of the Commission’s rules can we the development of interim direct broadcast been making on the urgency and im- ensure that allocated resources will be effi- satellite service. Interim direct broadcast portance and the legality of having an ciently and expeditiously put into productive satellite systems shall be granted licenses auction of this spectrum to provide the use. pursuant to these interim rules during the taxpayers with the maximum return on Advanced Communications Corp. Memo- period prior to the adoption of permanent this very valuable resource they own. randum Opinion and Order (Released April rules. The Direct Broadcast Satellite Service 27, 1995). Mr. President, I ask unanimous con- shall operate in the frequency band 12.2–12.7 Personal Communications Service (PCS).— GHz. sent that this document be printed in Most recently, when the Commission adopt- § 100.3 Definitions. the RECORD. ed rules for the new PCS service, it specifi- Direct Broadcast Satellite Service. A There being no objection, the mate- cally included construction requirements. radiocommunication service in which signals rial was ordered to be printed in the Although the Commission expressed the be- transmitted or retransmitted by space sta- RECORD, as follows: lief that the use of competitive bidding (or tions are intended for direct reception by the auctions) would provide the winners with general public. In the Direct Broadcast Sat- NO HOLDER OF AN FCC CONSTRUCTION PERMIT economic incentives to construct, and con- ellite Service the term direct reception shall HAS ANY RIGHT TO REGULATORY APPROVAL versely, disincentives to warehouse the spec- encompass both individual reception and OF FA TRANSFER FOR PRIVATE PROFIT trum, nevertheless the Commission said ‘‘we community reception. Federal law does not provide a right to a continue to believe that minimum construc- SUBPART B—ADMINISTRATIVE PROCEDURES private company to hoard spectrum and then tion requirements are necessary to ensure sell its bare bones construction permit for that PCS service is made available to as § 100.11 Eligibility. An authorization for operation of a station private gain. Rather, the Federal Commu- many communities as possible and that the in the Direct Broadcast Satellite Service nications Commission has a long-standing spectrum is used effectively.’’ Amendment of public policy against any private party shall not be granted to or held by: the Commission’s Rules to Establish New Per- (a) Any alien or the representative of any ‘‘warehousing’’ this scarce public resource. sonnel Communications Services, Memorandum alien; Underlying this policy is the requirement Opinion and Order (Released June 13, 1994). (b) Any foreign government or the rep- contained in the Communications Act of 1934 PCS licensees are required to serve at least resentative thereof; that a construction permit will be automati- one-third of the population in their licensed (c) Any corporation organized under the cally forfeited if the system in question is area within 5 years of being licensed and at laws of any foreign government; not ready for operation within the time spec- least two-thirds of the population in this (d) Any corporation of which any officer or ified by the Commission’s rules or within area within 10 years. The rules specifically director is an alien; such further time as the Commission may provide: ‘‘failure by any licensee to meet (e) Any corporation of which more than allow. 47 U.S.C. § 319 (b). these requirements will result in forfeiture one-fifth of the capital stock is owned of The rules for the various services for which or non-renewal of the license and the li- record or voted by aliens or their representa- the Commission issues licenses specifically censee will be ineligible to regain it.’’ 47 tives or by a foreign government or rep- address construction permit requirements C.F.R. § 24.203(a). resentative thereof, or by any corporation and the public policy objectives behind these Although the first PCS licensees were only organized under the laws of a foreign coun- requirements. The Commission routinely re- awarded three months ago, PCS licensees are try; vokes construction permits or fails to grant already on notice that if they do not build (f) Any corporation directly or indirectly time extensions to permit holders who fail to these systems in a timely fashion, the Com- controlled by any other corporation of which construct a system on a timely basis as re- mission will revoke these licenses even any officer or more than one-fourth of the di- quired in each service. though the licensee may have paid millions rectors are aliens, if the Commission finds For example: of dollars for the privilege. that the public interest will be served by the Direct Broadcast Satellite (DBS) Service.— Multipoint Distribution Service and Multi- refusal or revocation of such license; or When the Commission adopted in 1982 the li- channel Multipoint Distribution Service (AKA (g) Any corporation directly or indirectly censing condition rules for DBS service, it ‘‘Wireless Cable’’).—When the Commission re- controlled by any other corporation of which determined that these rules were necessary vised its rules with regard to fixed radio more than one-fourth of the capital stock is to ‘‘assure that those applicants that are services, the Commission noted that carriers owned of record or voted by aliens, their rep- granted construction permits go forward ex- who fail promptly to construct facilities pre- resentatives, or by a foreign government or

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14577 representatives thereof, or by any corpora- ellite systems shall be operated in accord- minion Video Satellite, Inc. (DVS), EchoStar tion organized under the laws of a foreign ance with the sharing criteria and technical Satellite Corporation (EchoStar), DIRECTV, country, if the Commission finds that the characteristics contained in Annexes 8 and 9 Inc. (DirecTV), and Directsat Corporation public interest will be served by the refusal of the Final Acts of the World Administra- filed objections to Advanced’s applications; or revocation of such license. tive Radio Conference for the Planning of Tempo Satellite and Nevada Direct Broad- § 100.13 Application requirements. the Broadcasting-Satellite Service in Fre- casting System (Nevada) filed supporting (a) Each application for an interim direct quency Bands 11.7–12.2 GHz (in Regions 2 and comments. Advanced filed replies to the ob- broadcast satellite system shall include a 3) and 11.7–12.5 GHz (in Region 1), Geneva, jections.2 showing describing the type of service that 1977; Provided, however, That upon adequate 3. Advanced has had over ten years, includ- will be provided, the technology that will be showing systems may be implemented that ing one four-year extension, in which to con- employed, and all other pertinent informa- use values for the technical characteristics struct and launch its DBS system. It has tion. The application may be presented in different from those specified in the Final failed to do so. It has thereby failed to meet narrative format. Acts if such action does not result in inter- the Commission’s due diligence rules—im- (b) Applicants may request specific fre- ference to other operational or planned sys- posed a decade ago—to ensure that the pub- quencies and orbital positions. However, fre- tems in excess of that determined in accord- lic receives prompt DBS service. In the quencies and orbital positions shall not be ance with Annex 9 of the Final Acts. meantime, the channels and orbital positions assigned until completion of the 1983 Region SUBPART D—OPERATING REQUIREMENTS assigned to Advanced have gone unused. 2 Administrative Radio Conference for the § 100.51 Equal employment opportunities Other DBS licenses have already begun oper- Broadcasting-Satellite Service. The Commis- (a) General policy. Equal opportunity in em- ations. sion shall generally consider all frequencies ployment shall be afforded all licensees or 4. Only by enforcing the progress require- and orbital positions to be of equal value, permittees of direct broadcast satellite sta- ments of the Commission’s rules can we en- and conflicting requests for frequencies and tions licensed as broadcasters to all qualified sure that allocated resources will be effi- orbital positions will not necessarily give persons, and no person shall be discriminated ciently and expeditiously put into productive rise to comparative hearing rights as long as against in employment because of race, use. In the past, we have given DBS permit- unassigned frequencies and orbital slots re- color, religion, national origin, or sex. tees latitude in meeting due diligence dead- main. (b) Equal employment opportunity program. lines in order to ensure the development of § 100.15 Licensing procedures Each station shall establish, maintain, and DBS services. As the Commission has pre- (a) Each application for an interim direct carry out a positive continuing program of viously stated, however, such latitude is not broadcast satellite system shall be placed on specific practices designed to assure equal appropriate in an era in which DBS licensees public notice for 45 days, during which time opportunity in every aspect of station em- are successfully operating and are competing interested parties may file comments and pe- ployment policy and practice. Under the for subscribers. Accordingly, we deny titions related to the application. terms of its program, a station shall: Advanced’s application for an extension of (b) A 45 day cut-off period shall also be es- time and declare its construction permit tablished for the filing of applications to be [DA 95–944] null and void. We dismiss, as moot, the pend- considered in conjunction with the original ing assignment and modifications applica- BEFORE THE FEDERAL COMMUNICATIONS application. Additional applications filed be- tions. fore the cutoff date shall be considered to COMMISSION, WASHINGTON, DC 20554 II. Background have equal priority with the original appli- In the Matter of Advanced Communica- cation and shall be considered together in tions Corporation, application for extension 5. In 1984, Advanced applied for authority the assignment of frequencies and orbital po- of time to construct, launch and operate a to construct and launch a DBS system as sitions. If applications have included re- direct broadcast satellite system, applica- part of the second processing round of DBS quests for particular requencies or orbital tion for consent to assign direct broadcast applications. The Commission granted the positions, the cutoff date shall be considered satellite construction permit from Advanced application subject to the condition that Ad- in establishing the priority of such requests. Communications Corp. to Tempo DBS, Inc., vanced ‘‘proceed with the construction of its (c) Each application for an interim direct application for modification of direct broad- system with due diligence as defined in Sec- broadcast satellite system, after the public cast satellite service construction permit; tion 100.19(b) of the Commission’s rules.’’ 47 comment period and staff review shall be File Nos. DBS–94–11EXT, DBS–94–15ACP, C.F.R. § 100.19(b).3 The due diligence require- acted upon by the Commission to determine DBS–94–16MP. ment has two components. First, the DBS permittee must begin or complete con- if authorization of the proposed system is in MEMORANDUM OPINION AND ORDER tracting for construction of its satellites the public interest. Adopted: April 26, 1995. § 100.17 License term. within one year of the grant of its construc- By the Chief, International Bureau. tion permit. Second, the permittee must All authorizations for interim direct Released: April 27, 1995. broadcast satellite systems shall be granted begin operation of the satellites within six for a period of five years. I. Introduction years of the grant of its construction permit, § 100.19 License conditions. 1. For more than a decade, Advanced Com- unless otherwise determined by the Commis- (a) All authorizations for interim direct munications Corporation (‘‘Advanced’’) has sion. Section 100.19(b) provides that a trans- broadcast satellite systems shall be subject had leave to provide the public with Direct fer of control of the permit is not a justifica- to the policies set forth in the Report and Broadcast Satellite (DBS) service. It has had tion for extension of either of these dead- Order in General Docket 80–603 and with any allocated to it scarce public resources—or- lines. Orbital positions and channels are not policies and rules the Commission may adopt bital positions and channels—so that it could assigned to a DBS permittee unless and until at a later date. It is the intention of the provide that service. Advanced paid nothing it demonstrates that it has fulfilled the first Commission, however, that in most cir- for these resources. It was obligated only to component of the due diligence requirement. cumstances the regulatory policies in force proceed with due diligence to provide the Processing Procedures Regarding the Direct at the time of authorization to construct a service it promised. After more than a dec- Broadcast Service, 95 F.C.C. 2d 250, 253 (1983). satellite shall remain in force for that sat- ade, Advanced has not provided—and is not 6. In October 1986, the Commission found ellite throughout its operating lifetime. close to providing—DBS service to the pub- that Advanced had complied with the first (b) Parties granted authorizations shall lic. It has failed to meet its due diligence ob- component of the due diligence requirement proceed with diligence in constructing in- ligation. Advanced must now return the pub- by contracting for the construction of its terim direct broadcast satellite systems. lic resources it holds to the public so that first two DBS satellites. Advanced was ulti- Permittees of interim direct broadcast sat- these resources can be put to use by others. mately assigned to the 100° W.L. orbit loca- ellite systems shall be required to begin con- 2. Advanced has filed an application for a tion (channels 1–23, 25, 27, 29, 31) and 148° struction or complete contracting for con- second four-year extension of time in which to construct, launch, and initiate service struction of the satellite station within one 2 from its DBS system. Advanced has also filed Several of the pleadings submitted by the parties year of the grant of the construction permit. were not timely filed or were not authorized under The satellite station shall also be required to an application for consent to assign its con- the Commission’s rules. See 47 C.F.R. § 1.45. Such be in operation within six years of the con- struction permit to Tempo DBS, Inc. (Tempo pleadings shall only be considered as informal re- struction permit grant, unless otherwise de- DBS). Finally, Advanced has applied for au- quests for Commission action of informal comments. termined by the Commission upon proper thority to modify its construction permit to See 47 C.F.R. § 1.41. The parties’ requests for exten- showing in any particular case. Transfer of allow it to substitute satellites now being sion of time are hereby denied. 3 control of the construction permit shall not constructed for Tempo Satellite, Inc.1 Do- Satellite Syndicated Systems, Inc., 99 F.C.C. 2d 1369 (1984). Advanced’s initial grant authorized it to be considered to justify extension of these provide service from two satellites, each to deliver deadlines. 1 Tempo Satellite, Inc. (‘‘Tempo Satellite’’) is a six channels to half of the continental United SUBPART C—TECHNICAL REQUIREMENTS subsidiary of Tele-Communications, Inc. (‘‘TCI’’), a States. Advanced subsequently applied for, and was cable operator. authorized to construct, launch, and granted, authority to increase the number of sat- § 100.21 technical requirements operate 11 DBS channels at orbital slots 166° W.L. ellites in its system to five, and was later granted Prior to the 1983 Regional Administrative and 119° W.L. See Tempo Satellite, Inc., 7 F.C.C. Red authority to increase the number of channels to 27. Radio Conference for the Broadcasting—Sat- 2728 (1992). Tempo DBS, the proposed assignee, is an See Continental Satellite Corporation (‘‘Conti- ellite Service, interim direct broadcast sat- affiliate of TCI. nental’’), 4 F.C.C. Red 6292 (1989).

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14578 CONGRESSIONAL RECORD — SENATE September 29, 1995 W.L. (channels 1–17, 19, 21, 23, 25, 27, 29, 31).4 without the benefit of experience.’’ 12 As wholly within its control that would not In February 1990, Advanced applied for a technology developed, however, the Commis- generally excuse its failure to meet the due four-year extension of time, until February sion gave permittees notice that they could diligence requirements, To conclude other- 1994, in which to construct and operate its not expect additional extensions. We said in wise would allow permittees to ‘‘extend in- DBS system. The Commission granted this 1988, ‘‘[a]s circumstances have evolved and definitely their nonperformance by repeated request, extending the deadline until Decem- demand for DBS facilities may be increasing modifications of their proposals.’’20 DBS ber 7, 1994.5 beyond the available supply of orbit/channel technology has evolved to the point where 7. In August 1994, Advanced applied for an- resource[s], there does now appear [to be] a permittees can made design decisions and other four-year extension of time, until De- need for stricter enforcement of the con- proceed with construction with relative as- cember 1998, in which to construct and oper- struction progress requirements of the DBS surance that their system will be techno- ate its system.6 In September 1994, Advanced rules.’’ 13 logically competitive when it is launched. In filed an application for consent to assign its 11. In ruling on requests for extensions of fact, two permittees have launched DBS sys- construction permit to Tempo DBS.7 In Oc- time, the Commission has stated that ‘‘[t]he tems, which are both already providing serv- tober 1994, Advanced filed an application to totality of circumstances—those efforts ice.21 Advanced has not explained why it did modify its construction permit to change the made and those not made, the difficulties en- not make similar design decisions for its sys- technical design of the Advanced satellites countered and those overcome, the rights of tem, or why such decisions were not wholly to duplicate the design of satellites then all parties, and the ultimate goal of service within its control. Accordingly, we do not under construction for Tempo Satellite to the public—must be considered.’’ 14 In find that continued modifications to under a separate DBS authorization.8 granting Advanced’s 1990 extension, the Advanced’s system warrant an extension of 8. Dominion, EchoStar, and Directsat op- time. Commission relied on the substantial devel- 15. Advanced contends that an extension is pose Advanced’s extension request. They opments in DBS satellite technology, the contend that Advanced has not met the first justified because the company has expended Commission’s development of its policy re- considered funds and ‘‘countless hours’’ to component of the due diligence requirement garding channel and orbital assignments, because Advanced’s contract with Martin implement its system. Advanced asserts that and the Challenger and Ariane launch vehi- the Commission has granted extension under Marietta does not meet due diligence re- 15 cle failures of the late 1980’s. The Commis- similar circumstances, citing United States quirements, delays in construction were not sion warned, however, that ‘‘continued reli- due to circumstances beyond Advanced’s Satellite Broadcasting Company, Inc.22 In that ance on experimentation, technological de- case, the Video Services Division of the Mass control, and Advanced has ‘‘warehoused’’ its velopments and changed plans will not nec- authorized frequencies. They argue that Ad- Media Bureau, in considering the ‘‘totality essarily justify an extension of a DBS au- of the circumstances,’’ found that the per- vanced has no valid construction permit and thorization.’’ It further warned that it would that Advanced’s applications for assignment mittee, USSB, (1) has expended $23 million, ‘‘closely scrutinize all requests for extension including a substantial payment towards and modification should be declared moot. of time within which permittees must ini- Directsat and Echostar maintain that Ad- spacecraft construction; (2) had dem- tiate DBS service.’’ 16 onstrated that the remaining financing for vanced failed to initiate operation due to 12. Advanced asserts that a second exten- business decisions within its control, that the completion and launch of the satellite sion is justified under the Commission’s had been arranged; and (3) had executed Commission precedent precludes grant of an rules (and is consistent with similar exten- extension of time request based on launch and various supplier contracts. Ad- sions previously granted) because it has vanced, in contrast, has not specified how Advanced’s failure to attract investors, and made ‘‘considerable efforts’’ to develop DBS much money it has spent.23 has not arranged that grant of the extension request would service, it has pursued a joint venture agree- financing, and has not procured a launch prejudice permittees who have significantly ment, and any delays have been due to cir- contract. Advanced has failed to show its passed Advanced in progress toward initi- cumstances beyond its control. Advanced progress constitutes sufficient justification ation of DBS service. Dominion argues that also implies that the progress Tempo Sat- for a further extension of time. To the con- under Commission rules, transfer of control ellite has made in constructing its satellites trary, it appears that Advanced wants to of an authorization does not warrant grant should be attributed to Advanced and that abandon its business to Tempo DBS. of a request for extension of time.9 these efforts constitute a ‘‘proper showing’’ 16. Advanced further states that it should III. Discussion on which to base an extension. be granted an extension because it has ‘‘re- Extension request 13. Advanced first argues that an extension mained in due diligence’’ sine we found it 9. In adopting rules and policies for DBS is warranted in light of its efforts to reach a had met the first component of the due dili- service, we determined that a due diligence joint venture agreement over a nearly three- gence requirement by executing a construc- requirement would ensure that permittees year period beginning in 1992, even though tion contract. The facts belie this conclusory would go forward expeditiously.10 Accord- these negotiations ultimately failed.17 The assertion. The due diligence requirement ingly. Section 100.19(b) of the rules for DBS Commission has previously found that on- consists of two components. The fact that service. 47 C.F.R. § 100.19(b), states that going negotiations do not justify an exten- Advanced continues to have a binding con- transfer of control of the construction per- sion of due diligence milestones.8 Failed ne- struction contract, or that it has made all mit will not justify extension of due dili- gotiations surely should fare no better. In payments required by this contract does not gence deadlines. We later noted that ‘‘the denying an extension to another DBS per- excuse its failure to meet the second part of rule was intended to ensure the prompt initi- mittee, we held that failure to attract inves- its due diligence requirement: operation of ation of DBS service for the public, and must tors, an uncertain business situation, or an its direct broadcast satellite system.24 Meet- be enforced where permittees are allowed to unfavorable business climate in general have ing the first due diligence requirement does hold spectrum resource for which other ap- never been adequate excuses for failure [to] not justify failing to fulfill the second. plications exist. . . .’’ 11 meet a construction timetable in other sat- 10. During the ‘‘pioneering era’’ of DBS 19 ellite services. 20 Tempo, 1 F.C.C. Rcd at 20. technology in the 1980’s, the Commission 14. Advanced also asserts that construction 21 See, e.g., Semi—Annual DBS Progress Report granted numerous extensions of due dili- was delayed because it needed to modify its filed by Hughes Communications Galaxy, Inc., DBS– gence milestones. The Commission was re- system design. In granting Advanced’s first 84–02/81–07/93–03MP (January 24, 1995). luctant to cancel construction permits where extension request. however, the Commission 22 United States Satellite Broadcasting Company, permittees failed to initiate DBS service ‘‘in advised Advanced that its decision to modify Inc. (‘‘USSB II’’), 7 F.C.C. Rcd 7247, 7250 (1992). accord with a pre-established timetable set it technical proposal was a business decision 23 Advanced acknowledges that its expenditures on the construction contract with Martin Marietta Astrospace are less than one percent. Semi-Annual 4 Tempo Enterprises, Inc. (‘‘Tempo’’), 1 F.C.C. Red 12 United States Satellite Broadcasting Company, Status Report, DBS 84–01–88–05 MP and 84–01/88–05 20 (1986). Inc. (‘‘USSB I’’). 3 F.C.C. Rcd 6858, 6860 (1988). Ext. (May 10, 1993). Subsequent reports do not in- 5 Advanced Communications Corp. (‘‘Advanced’’), 6 13 Id. at 6861. clude payment amounts or percentages. See Semi- F.C.C. Red 2269 (1991). 14 Id. Annual Status Reports, DBS 84–01–88–05 MP and 84– 6 Request for Additional Time to Construct and 15 Id. at 6860. 01/88–05 Ext. (October 6, 1993 and April 24, 1994). Launch Direct Broadcast Satellites, DBS–84–01/94– 16 Id. 24 USSB II at 7250. To the extent Advanced relies 11EXT (August 8, 1994). 17 In progress reports to the Commission, Advanced on its contract with Tempo Satellite and TCI (pur- 7 Request for Consent to Assign DBS Authoriza- said, in April 1992, that it expected negotiations to suant to Advanced’s application to assign its con- tions, DBS–94–15ACP (September 28, 1994). be completed in ‘‘the next month or two.’’ In August struction permit) in arguing that it is still in due 8 Application for Modification of Construction Per- 1992, Advanced reported it has signed a letter of in- diligence, we point out that this contract under- mit, DBS–94–16MP (October 14, 1994). In November tent that called for execution of an agreement with- scores Advanced’s lack of commitment to establish 1994, Advanced filed an amendment to this modifica- in sixty days. In October 1992, Advanced explained its direct broadcast satellite system. The assign- tion request. Amendment of Application for Modi- that negotiations were continuing, and in April 1993, ment application indicates that Tempo Satellite has fication of Construction Permit, DBS–94–16MP (No- stated it expected to reach an agreement within the arranged financing, executed contracts for satellite vember 16, 1994). next month. In May 1993, it reported it was still in launch and construction and for DBS receiving 9 47 C.F.R. § 100.19(b) states that ‘‘[t]ransfer of con- ‘‘complex negotiations,’’ and in October 1993, it equipment, and has spent $246 million on satellite trol of the construction permit shall not be consid- claimed that negotiations were continuing. How- construction. Advanced’s sole contribution to ered to justify extension of the[ ] deadline[ ].’’ ever, on December 30, 1994, Advanced indicated that Tempo Satellite’s system appears to be its construc- 10 Inquiry into the development of regulatory pol- negotiations had failed. tion permit. For these reasons and the reasons stat- icy in regard to Direct Broadcast Satellites for the 18 USSB I, 3 F.C.C. Rcd at 6859. See also Report and ed at paragraph 18, infra, we find that Advanced’s period following the 1983 Regional Administrative Order in CC Docket No. 81–704, 54 R.R. 2d 577, 597 n. latest contract does not demonstrate a capability Radio Conference, 90 F.C.C. 2d 676 (1982). 62 (1983). and commitment on its part to operate a DBS sys- 11 CBS, Inc., 99 F.C.C. 2d 565, 572 (1984). 19 id. tem.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14579 17. Advanced also asserts that the Commis- contravene the public interest to consider ket dictates. We believe this approach serves sion’s formulation of its channel assignment Tempo Satellite’s construction-progress in the public interest better than reserving the policy 25 and the delay in granting previous assessing Advanced’s extension request. To band exclusively for either service. modification requests constitute cir- do so would reward permittees’ inaction or cumstances beyond its control and warrants failure to comply with implementation mile- Licensing and Procedural Requirements an extension of time. However, the channel stones. Such warehousing precludes the use 111. The licensing and procedural policies assignment policy was clarified in 1989.26 of channel and orbital assignments by other and requirements we are adopting are, with Advanced’s proposed modifications to its service providers, and will ultimately result few exceptions, those that were set forth in orbit locations and channel assignments in delays in service to the public. the Notice. In particular, applicants will be were granted in 1991.27 Advanced has not 22. In its opposition to Advanced’s petition cited any circumstances that impeded its for extension of time, DBSC requests that required to conform to the technical guide- ability to construct its system over the last some of Advanced’s cancelled channels be as- lines specified in the WARC–77 Final Acts. four years. Advanced has failed to show that signed to DBSC. DBSC’s request was not Furthermore, all interim authorizations will delay in meeting the second component of made within any designated filing period for be subject to modification, as the Commis- due diligence is due to circumstances beyond modification applications, and is hereby re- sion deems necessary, in order to comport its control. jected. We will soon issue a notice regarding with determinations made at RARC–83 and 18. Finally, Advanced asserts that an ex- the reallocation of cancelled channels and any other policies and rules which the Com- tension of its construction permit would be available orbital positions. mission may hereafter conclude are nec- in the public interest, since it is on the V. Ordering Clauses essary or appropriate in the public interest. threshold of an advanced DBS system which 23. Accordingly, it is ordered, pursuant to Deviations from the guidelines of the WARC– will benefit the public, and because doing so Section 0.261 of the Communications Act of 77 or from the outcome of RARC–83 may be will promote the efforts of those who have 1934, as amended, 47 U.S.C. § 0.261, that the permitted with Commission approval pro- worked to create the DBS industry. To do Application File No. DBS–94–11–EXT IS DE- vided they do not cause interference to oper- otherwise, Advanced argues, would discour- NIED and the construction permit issued to ational or Commission approval provided age innovators in all new technological in- Advanced Communications Corporation in they do not cause interference to operational dustries. or planned systems of other administrations 19. A further extension would not serve the Satellite Syndicated Systems, 99 F.C.C. 2d 1369 in excess of that specified in the Final Acts public interest. Advanced has made little (1984) is declared null and void. progress in construction, launch, and initi- 24. It is further ordered, that Application of the WARC–77 or RARC–83. ation of a DBS system in the past decade. File Nos. DBS–94–15ACP and DBS–94–16MP 112. Applicants may request specific fre- are dismissed as moot. During the same period, two DBS satellites quencies and orbital positions. However, fre- SCOTT BLAKE HARRIS, have been launched and construction of oth- quencies and orbital positions will not be as- Chief, International Bureau. ers is underway.28 There is no benefit to the signed until completion of the 1983 RARC. public in allowing Advanced to continue to [FCC 82–285] We note that the number of frequencies, the waste orbital locations and channels while orbital locations, and the size of the service BEFORE THE FEDERAL COMMUNICATIONS two permittees have already initiated DBS areas specified in the applications we have COMMISSION, WASHINGTON, DC 20554 service. received to date have varied considerably. 20. Advanced’s current authorization re- In the Matter of Inquiry into the develop- While we intend to take each applicant’s re- quired it to begin operation of a satellite by ment of regulatory policy in regard to direct quest fully into account, the Commission December 7, 1994.29 If failed to do so. The ‘‘to- broadcast satellites for the period following may, in acting on a particular application, tality of the circumstances’’ presented by the 1983 Regional Administrative Radio Con- restrict the number of channels assigned to Advanced in its extension request does not ference; Gen. Docket No. 80–603. justify granting additional time in which to any applicant, limit or modify the area to be REPORT AND ORDER begin operation. Accordingly, we deny served, or impose any other conditions it Advanced’s request for an extension of time Adopted: June 23, 1982; Released: July 14, deems necessary. 1982. to construct, launch, and operate a direct 113. The Commission will continue to ac- broadcast satellite system. Because Ad- By the Commission: Commissioners Fowler, Chairman; Fogarty and Rivera cept applications for DBS systems. In addi- vanced has failed to satisfy this express con- tion, the Commission intends in the very dition of its construction permit, the permit issuing separate statements; Commissioner Quello concurring and issuing a statement. near future to establish a second cut-off list is null and void by its own terms. for applications.99 In view of the number of I. Introduction B. Other applications applications that have been accepted to date 21. Inasmuch as we have concluded that 1. On June 1, 1981, the Commission issued a and the number of potential applications Advanced’s permit is null and void, its pend- Notice of Proposed Policy Statement and that may be filed, future applicants are re- ing applications for assignment of that per- Rulemaking (Notice), 86 FCC 2d 719, to con- quested to indicate whether or not they sider proposed policies and rules to govern mit to Tempo DBS and related modification would be willing to operate their systems for the authorization of direct broadcast sat- application are moot and are accordingly non-eclipse-protected orbital positions. dismissed.30 To the extent Advanced suggests ellite (DBS) service. 114. In lieu of stringent financial showings that construction progress on Tempo Sat- * * * * * and subsequent Commission analysis, we will ellite’s DBS satellites should be considered However, we believe that the provision of require that parties granted authorizations favorably in evaluating Advanced’s exten- HDTV service should not exclude conven- 31 proceed with diligence in constructing in- sion request, we disagree. The Commission tional television service. We note that only has based previous extensions of time on a one of the DBS applicants, CBS, proposes to terim DBS systems. Interim DBS systems finding that the efforts made by the per- broadcast HDTV exclusively. We believe that will be required to begin construction or mittee ‘‘reveal[] no lack of capability or any transition to HDTV would deprive the complete contracting for construction of the commitment’’ to establish its DBS system.32 public of the use of the band for conventional satellite station within one year of the grant Tempo Satellite’s construction progress is television transmission. Moreover, HDTV of the construction permit. The satellite sta- irrelevant in determining whether Advanced presently requires considerably more band- tion will also be required to be in operation should be granted an extension of time in width than conventional television signals, within six years of the construction permit which to construct and operate Advanced’s and therefore it reduces the number of chan- grant, unless otherwise determined by the 33 satellites. Moreover, we believe it would nels that can be provided within a given Commission upon proper showing in any par- amount of spectrum. Our present proposal ticular case. Transfer of control of the con- 25 Continental, 4 F.C.C. Red at 6296–7 (1989). would permit the band to be used either/for struction permit will not be considered to 26 Id. at 6301. HDTV or for conventional television signals, justify extension of these deadlines. We be- 27 Advanced, 6 F.C.C. Red at 2274. as spectrum allocation permits and the mar- 28 See note 21, supra. lieve that a diligence requirement will pro- 29 Advanced, 6 F.C.C. Rcd at 2274 vide a more orderly processing of applica- 30 To the extent the pleadings address Advanced’s support for approval of the assignment of its con- tions and assure that those applicants that applications for assignment and for modification of struction permit to Tempo DBS. In that case, the are granted construction permits go forward its construction permit, such pleadings are likewise Commission approved the transfer of control of DBS expeditiously. moot and will not be considered. permittee Directsat Corporation from SSE Telecom, 31 Under Advanced’s proposal to assign its con- Inc. to Echo/Comms. Unlike the circumstances here, 115. Each application for an interim DBS struction permit to Tempo DBS, the satellites de- Directsat’s ‘‘investment in the development of its system shall include a showing describing ployed under Advanced’s permit would be those now DBS system has been substantial and the progress under construction for Tempo Satellite, Inc., a DBS set fort in its semi-annual reports has been steady permittee. Application for Modification of Construc- and consistent with the schedule established in its 99A number of the interim DBS applications filed tion Permit, DBS–94–16MP (October 14, 1994). construction contract.’’ Id. at para 4. Consequently, in response to the first cut-off date were found unac- 32 USSB II at 7250. the Commission concluded that the public interest ceptable for filing. Some of these applications were 33 Advanced refers to the Commission’s recent de- in the expeditious provision of DBS service to the subsequently amended and may now be acceptable cision in Directsat Corp., 10 F.C.C. Rcd 88 (1995), as public would be advanced by this sale. for filing.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14580 CONGRESSIONAL RECORD — SENATE September 29, 1995 the type of service that will be provided, the § 2.106 Table of Frequency Allocations (b) The BTA service areas are based on the technology that will be employed, and all * * * * * Rand McNally 1992 Commercial Atlas & Mar- other pertinent information. The application keting Guide, 123rd Edition, at pages 38–39, may be presented in narrative format.100 United States Federal Communications with the following additions licensed sepa- Each application for an interim DBS system Commission rately as BTA-like areas: American Samoa; shall be placed on public notice for 45 days, Guam; Northern Mariana Islands; Mayagu¨ ez/ Band (GHz) Allocation Band (GHz) Class of Sta- during which time interested parties may Service tion Aguadilla-Ponce, Puerto Rico; San Juan, file comments and petitions related to the Puerto Rico; and the United States Virgin application. A 45 day cut-off period shall also 5 6 7 8 9 Islands. The Mayagu¨ ez/Aguadilla-Ponce be established for the filing of applications BTA-like service area consists of the fol- to be considered in conjunction with the * * * * * lowing municipios: Adjuntas, Aguada, original application. Additional applications (b) The measurements of emission power Agudilla, An˜ asco, Arroyo, Cabo Rojo, Coamo, filed before the cut-off date shall be consid- can be expressed in peak or average values Gua´ nica, Guayama, Guayanilla, ered to have equal priority with the original provided they are expressed in the same pa- Hormigueros, Isabela, Jayuya, Juana Diaz, application and shall be considered together rameters as the transmitter power. Lajas, Las Marı´as, Mayagu¨ ez, Maricao, in the assignment of frequencies and orbital (c) When an emission outside of the au- Maunabo, Moca, Patillas, Pe˜uelas, Ponce, positions. If applications have included re- thorized bandwidth causes harmful inter- Quebradillas, Rinco´ n, Sabana Grande, Sali- quests for particular frequencies or orbital ference, the Commission may, at its discre- nas, San Germa´ n, Santa Isabel, Villalba, and positions, the cut-off date shall be considered tion, require greater attenuation than speci- Yauco. The San Juan BTA-like service area in establishing the priority of such requests. fied in this section. consists of all other municipios in Puerto All frequencies and orbital positions, how- (d) The following minimum spectrum ana- Rico. ever, shall generally be considered to be of lyzer resolution bandwidth settings will be § 24.203 Construction requirements. equal value, and conflicting requests for fre- used: 300 Hz when showing compliance with (a) Licensees of 30 MHz blocks must serve quencies and orbital positions will not nec- paragraphs (a)(1)(i) and (a)(2)(i) of this sec- with a signal level sufficient to provide ade- essarily give rise to comparative hearing tion; and 30 kHz when showing compliance quate service to at least one-third of the pop- rights as long as unassigned frequencies and with paragraphs (a)(1)(ii) and (a)(2)(ii) of this ulation in their licensed area within five orbital slots remain. Each application for an section. years of being licensed and two-thirds of the interim DBS system, after the public com- § 24.134 Co-channel separation criteria. population in their licensed area within 10 The minimum co-channel separation dis- ment period and staff review, shall be acted years of being licensed. Licensees may tance between base stations in different serv- upon by the Commission to determine if au- choose to define population using the 1990 ice areas is 113 kilometers (70 miles). A co- thorization of the system is in the public in- census or the 2000 census. Failure by any li- channel separation distance is not required terest. censee to meet these requirements will re- for the base stations of the same licensee or 116. All authorizations for interim DBS sult in forfeiture or non-renewal of the li- when the affected parties have agreed to systems shall be granted for a period of five cense and the licensee will be ineligible to other co-channel separation distances. years. All licensee shall be subject to the regain it. policies set forth in this Report and Order and § 24.135 Frequency stability. (b) Licensees of 10 MHz blocks must serve (a) The frequency stability of the trans- with any policies and rules the Commission with a signal level sufficient to provide ade- mitter shall be maintained within ± 0.0001 may adopt at a later date. It is the intention quate service to at least one-quarter of the percent (± 1 ppm) of the center frequency of the Commission, however, that in most population in their licensed area within five over a temperature variation of ¥30 Celsius circumstances the regulatory policies in years of being licensed, or make a showing of to ∂50 Celsius at normal supply voltage, and force at the time of authorization to con- substantial service in their licensed area over a variation in the primary supply volt- struct a satellite shall remain in force for within five years of being licensed. Popu- age of 85 percent to 115 per cent of the rated that satellite throughout its operating life- lation is defined as the 1990 population cen- supply voltage at a temperature of 20 Cel- time. sus. Licensees may elect to use the 2000 pop- sius. VIII. Ordering Clauses (b) For battery operated equipment, the ulation census to determine the five-year 117. Pursuant to Section 4(i) and 303 of the equipment tests shall be performed using a construction requirement. Failure by any li- Communications Act of 1934, as amended, 47 new battery without any further require- censee to meet these requirements will re- U.S.C. Sections 4(i) and 303, it is ordered, ment to vary supply voltage. sult in forfeiture of the license and the li- That: (c) It is acceptable for a transmitter to censee will be ineligible to regain it. (a) Parts 2 and 94 of Chapter I of Title 47 of meet this frequency stability requirement (c) Licensees must file maps and other sup- the Code of Federal Regulations are amended over a narrower temperature range provided porting documents showing compliance with as set forth in Appendix C, effective thirty the transmitter ceases to function before it the respective construction requirements days after publication in the Federal Reg- exceeds these frequency stability limits. within the appropriate five- and ten-year benchmarks of the date of their initial li- ister. SUBPART E—BROADBAND PCS (b) Chapter I of Title 47 of the Code of Fed- censes. SOURCE: 59 FR 32854, June 24, 1994, unless eral Regulations is amended to include a new § 24.204 Cellular eligibility. otherwise noted. Part 100 as set forth in Appendix D, effective (a) 10 MHz Limitation. Until January 1, 2000, § 24.200 Scope. no license(s) for broadband PCS in excess of thirty days after publication in the Federal This subpart sets out the regulations gov- 10 MHz shall be granted to any party (includ- Register. erning the licensing and operations of per- (c) The Petition for Expedited Relief sub- ing all parties under common control) if the sonal communications services authorized in mitted by the Aerospace and Flight Test grant of such license(s) will result in signifi- the 1850–1910 and 1930–1990 MHz bands. Radio Coordinating Committee on August 12, cant overlap of the PCS licensed service § 24.202 Service areas 1981 is granted to the extent indicated above Broadband PCS service areas are Major area(s) (MTAs or BTAs) and the cellular geo- and is otherwise denied. Trading Areas (MTAs) and Basic Trading graphic service area(s) (CGSA) of licensee(s) WILLIAM J. TRICARICO, Areas (BTAs) as defined below. MTAs and in the Domestic Public Cellular Radio Tele- Secretary. BTAs are based on the Rand McNally 1992 communications Service directly or indi- Appendices A and B—may be seen in FCC’s Commercial Atlas & Marketing Guide, 123rd rectly owned, operated, or controlled by the Dockets Branch. Edition, at pages 38–39 (‘‘BTA/MTA Map’’). same party. (b) 15 MHz Limitation. After January 1, 2000, APPENDIX C Rand McNally organizes the 50 states and no license(s) for broadband PCS in excess of Parts 2, and 94 of Chapter I of Title 47 of the District of Columbia into 47 MTAs and 15 MHz shall be granted to any party (includ- the Code of Federal Regulations are amended 487 BTAs. The BTA/MTA Map is available for ing all parties under common control) if the as follows: public inspection as the Office of Engineer- grant of such license(s) will result in signifi- A. Part 2—Frequency Allocations and ing and Technology’s Technical Information cant overlap of the PCS licensed service Radio Treaty Matters; General Rules and Center, room 7317, 2025 M Street, NW., Wash- area(s) (MTAs or BTAs) and the cellular geo- Regulations. ington, DC. 1. Section 2.106 is amended by revising the (a) The MTA service areas are based on the graphic service area(s) (CGSA) of licensee(s) ‘‘Service’’ column of the frequency bands Rand McNally 1992 Commercial Atlas & Mar- in the Domestic Public Cellular Radio Tele- listed below and by adding new Footnotes keting Guide, 123rd Edition, at pages 38–39, communications Service directly or indi- NG139 and NG140 in proper numerical order with the following exceptions and additions: rectly owned, operated, or controlled by the to read as follows: (1) Alaska is separated from the Seattle same party. MTA and is licensed separately. (c) Significant Overlap. For purposes of (2) Guam and the Northern Mariana Is- paragraphs (a) and (b) of this section, signifi- 100 The Commission will carefully review each DBS lands are licensed as a single MTA-like area. cant overlap of a PCS licensed service area application for completeness. Accordingly, all appli- and CGSA(s) occurs when ten or more per- cants should be sure that their applications contain (3) Puerto Rico and the United States Vir- a complete and detailed technical showing and that gin Islands are licensed as a single MTA-like cent of the population of the PCS service the service to be provided is adequately described. area. area, as determined by the 1990 census fig- (See also Memorandum Opinion and Order, FCC 81–500, (4) American Samoa is licensed as a single ures for the counties contained therein, is and Memorandum Opinion and Order, FCC 82–92.) MTA-like area. within the CGSA(s).

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14581 (d) Ownership Attribution. (1) For purposes cent population coverage requirement. It and educational campuses where the popu- of paragraphs (a) and (b) of this section, states that a stringent construction require- lation may be small except during business ‘‘control’’ means majority voting equity ment is not necessary to prevent or school hours. ownership, any general partnership interest, warehousing of spectrum because the spec- 156. At the five-year benchmark we will re- or any means of actual working control (in- trum will be purchased at auction. As part of quire all licensees, and again at the 10-year cluding negative control) over the operation its filing, US West submits an analysis of benchmark for 30 MHz licensees, to file a of the licensee, in whatever manner exer- nine large western BTAs that indicates that map and other supporting documentation cised. increasing population coverage from 67 to 75 showing compliance with the construction (2) For purposes of applying paragraphs (a) percent results in only a moderate increase requirements. Licensees failing to meet the and (b) of this section, and for purposes of in the geographic area that must be served. population coverage requirements described § 24.229(c) (40 MHz limit in same geographic On the other hand, increasing population above will be subject to the license forfeiture area), ownership and other interests in from 75 to 90 percent results in a very large penalties adopted in the Second Report and broadband PCS licensees or applicants and increase in the geographic area that must be Order.249 We recognize that even with these cellular licensees will be attributed to their covered.245 requirements, factors such as incumbent holders pursuant to the following criteria: 154. Decision. We believe that PCS will be a microwave operation or sparse population (i) Partnership and other ownership inter- highly competitive service and that licensees density in some instances could make com- ests and any stock interest amounting to 5 will have incentives to construct facilities to pliance difficult. In instances where the cir- percent or more of the equity, or out- meet the service demands in their licensed cumstances are unique and the public inter- standing stock, or outstanding voting stock service areas. Further, we believe that our est would be served, the Commission will of a broadband PCS licensee or applicant will use of competitive bidding for PCS licensing consider waiving the requirements on a case- be attributable. and the restrictions on the amount of spec- by-case basis.250 These revised construction (ii) Partnership and other ownership inter- trum that a licensee may control in a geo- requirements will ensure efficient spectrum ests and any stock interest amounting to 20 graphic area will limit the likelihood that utilization and promote significant nation- percent of more of the equity, or outstanding spectrum will be warehoused. Nevertheless, wide coverage without imposing substantial stock, or outstanding voting stock of a cel- we continue to believe that minimum con- cost penalties on licensees that serve less lular licensee will be attributable, except struction requirements are necessary to en- densely populated areas. In this regard, we that ownership will not be attributed unless sure that PCS service is made available to as believe that these changes generally address the partnership and other ownership inter- many communities as possible and that the the concerns of those parties that suggested ests and any stock interest amount to 40 per- spectrum is used effectively. We note that lowering the construction requirements for cent or more of the equity, or outstanding the Reconciliation Act amendments require designated entities or for BTA service stock, or outstanding voting stock. the Commission to impose performance re- areas.251 quirements.246 While we agree with GCI, 157. We also recognize the desirability of * * * * * NYNEX, and others that construction re- encouraging more than one provider to serve quirements are needed to ensure service in a a diverse geographic area, and note that re- [FCC 94–144] timely fashion, we also agree that relaxation sale of a licensee’s geographic area to other of the requirements is desirable to ensure an BEFORE THE FEDERAL COMMUNICATIONS entities, subject to the licensee’s control, is economical deployment of the service to pro- COMMISSION, WASHINGTON, DC 20554 not prohibited by our rules. Accordingly, we mote opportunities for PCS ‘‘niche’’ services, In the Matter of Amendment of the Com- recognize that licensees may resell spec- and to facilitate a competitive market.247 mission’s rules to establish new personal trum, and believe that this will facilitate the 155. Accordingly, we are amending the con- communications services; Gen Docket No. deployment of PCS. Whether or not the li- struction requirements as follows. All 30 90–314; RM–7140, RM–7175, RM–7618. censee enters into resale arrangements, it MHz broadband PCS licensees will be re- will be responsible for insuring that the cov- MEMORANDUM OPINION AND ORDER quired to construct facilities that provide erage requirement and all the other require- Adopted: June 9, 1994. coverage to one-third of the population of ments of our rules are met. The reseller will By the Commission: Commissioners their service area within five years of initial not be a separate licensee, but rather, will Quello, Barrett, Ness, and Chong issuing sep- license grant and to two-thirds of the popu- operate subject to the control of the li- arate statements. lation of their service area within ten years. censee. We believe that resale will encourage Released: June 13, 1994. We will require the 10 MHz licensees to meet service provision, particularly to rural areas, a single construction requirement of pro- * * * * * and allow smaller, predominantly rural com- viding coverage to one-fourth of the popu- panies to participate in PCS. We intend to V. Construction requirements lation of their service area within five years; examine in another proceeding whether re- 147. In the Second Report and Order, we or alternatively, they may submit an accept- sale arrangements confer attributable inter- stated our expectations that broadband PCS able showing to the Commission dem- ests on the reseller. See Section IV, supra. would be a highly competitive industry and onstrating that they are providing substan- that licensees would have the incentive to tial service. We recognize that these require- 158. In summary, our relaxed construction construct facilities to meet the demand for ments are less than the requirement for requirements will foster provision of PCS service in their licensed areas. We concluded narrowband PCS licensees, but we believe services and will promote diversity in their that specific channel loading requirements this difference is appropriate given the high- provision. Permitting licensees to resell are unnecessary; however, we required li- er expected construction costs involved for service subareas, subject to the licensee’s censees to meet specified construction broadband PCS.248 Moreover, since licensees control, will permit smaller, rural companies benchmarks to ensure efficient spectrum uti- must purchase their licenses, they will have to provide PCS without participating in the lization and service to the public. Specifi- added economic incentives to construct their competitive bidding process. Finally, we in- cally, we required licensees to offer service systems as rapidly as possible and introduce tend to monitor closely the development of to one-third of the population in their serv- service to a significant percentage of the PCS in rural and other under-served areas ice area within five years of licensing, two- population. In this regard, we also believe and, if necessary, will readdress these con- thirds of the population in their service area that these relaxed construction require- struction requirements to ensure that our within seven years, and 90 percent of the ments may increase the viability and value goals for wide area service are met. population within ten years. We stated that of some broadband licenses, especially those VI. Technical Standards failure to meet these requirements would re- in less densely populated service areas. Fi- A. Roaming and interoperability standards sult in forfeiture of the license and the li- nally, since most areas are already served by censee would be ineligible to regain it.227 cellular and SMR providers, we believe it un- 159. In the Second Report and Order, the * * * * * necessary to require PCS licensees to pro- Commission provided maximum flexibility PacBell opposes Sprint’s suggestion that cel- vide identical or similar services to areas in technical standards to allow PCS to de- lular carriers be permitted to include their where it is uneconomic to do so. With regard velop in the most rapid, economically fea- existing coverage in meeting PCS coverage to the 10 MHz licensees, we believe that the sible and diverse manner. Specific technical reduced construction requirement will make standards were prescribed only to the extent requirements.243 153. MCI asserts that some relaxation of these licenses more attractive to applicants necessary to avoid harmful interference. The the construction requirements is necessary if intending to provide residential, cutting- Commission recognized that several industry base and mobile power limits are not sub- edge niche services or services to business stantially increased.244 US West opposes the 249 See Second Report and Order at TT 133–134. 90 percent construction requirement, assert- 245 See US West Reply at 7–9. 250 See WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. ing that 90 percent coverage will increase the 246 See 47 U.S.C. § 309(i)(4)(B), as amended by the 1969). cost of PCS fourfold compared to a 67 per- Reconciliation Act. 251 We will also allow the licensee to use, if they 247 See Comments at 13; NYNEX Comments at 8–9. choose to do so, the 2000 census to determine the 10- 248 The construction requirements for narrowband year construction requirement, rather than the 1990 227 See Second Report and Order at TT 132–134. PCS are set forth in Memorandum Opinion and Order, census specified in the Second Report and Order. This 243 See PacBell Comments at 8. GEN Docket No. 90–314 and ET Docket No. 92–100, 9 change ensures that licensees will not be required to 244 See MCI Comments at 17. FCC Rcd 1309, 1313–1314, TT27–34 (1994), recon. pending. meet benchmarks based on obsolete data.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14582 CONGRESSIONAL RECORD — SENATE September 29, 1995 technical and standards groups were address- the respective construction requirements ing, service to the public. Revision of Part 21 ing matters related to PCS technical stand- within the appropriate five- and ten-year of the Commission’s Rules, 2 FCC Rcd 5713 ards. It encouraged those groups to consider benchmarks of the date of their initial li- (1987).’’ Miami MDS Co. and Boston MDS Co., ways of ensuring that PCS users, service pro- censes. 7 FCC Rcd 4347, 4349 (1992). Cable’s loss of fi- viders, and equipment manufacturers could § 24.204 Cellular eligibility. nancing and failure to obtain new financing incorporate roaming, interoperability and (a) 10 MHz Limitation. Until January 1, 2000, did not toll its construction deadline. Cable’s other important features in the most effi- no license(s) for broadband PCS in excess of construction authorization was automati- cient and least costly manner, noting that 10 MHz shall be granted to any party (includ- cally forfeited pursuant to Section 319 of the PCS will be more useful to the extent that ing all parties under common control) if the Communication’s Act, 47 C.F.R. Sec. 21.44 users are not limited by geography or by grant of such license(s) will result in signifi- and the terms of the authorization. Cable’s their ability to use their equipment with dif- cant overlap of the PCS licensed service lack of financing fails to justify reinstate- ferent systems. area(s) (MTAs or BTAs) and the cellular geo- ment of its authorization. Cable asserted in 160. Petitioners’ Requests. NCS, Motorola, graphic service area(s) (CGSA) of licensee(s) its initial application that it was financially and TIA request that we reconsider our deci- in the Domestic Public Cellular Radio Tele- qualified under 47 C.F.R. Sec. 21.17. Thus, it sion not to adopt PCS interoperability re- communications Service directly or indi- is the applicant’s independent business judg- quirements.252 NCS requests that we adopt rectly owned, operated, or controlled by the ment that it is financially qualified. There- standards to ensure interoperability and na- same party. fore, an independent business judgment to tionwide roaming. delay construction for financial reasons FEDERAL COMMUNICATIONS COMMISSION * * * * * would not be a cause beyond the applicant’s (a) The MTA service areas are based on the [8 FCC Rcd 3204; 1993 FCC LEXIS 2397] control, justifying an extension of time to Rand McNally 1992 Commercial Atlas & Mar- In the Matter of the Authorization of Cable construct an MMDS station. See W. Lee Sim- keting Guide, 123rd Edition, at pages 38–39, TV Services, Inc., For Multichannel mons, Inc., 2 FCC Rcd 4290 (1987) (extension with the following exceptions and additions: Multipoint Distribution Service station applicant’s business decision not to con- (1) Alaska is separated from the Seattle WHT578 on the F-group channels at struct was within its own control); Joe L. MTA and is licensed separately. Deadhorse, Alaska; File No. 2506–CM–P–83. Smith, Jr., Inc., 5 Rad Reg. 2d 582 (1965); ac- (2) Guam and the Northern Mariana Is- Release-number: DA 93–524. cord Radio Longview, Inc., 19 FCC 2d 966, 968– lands are licensed as a single MTA-like area. May 14, 1993 Released; Adopted May 5, 1993. 71 (1969); Beta Television Corp., [*4] 27 FCC 2d (3) Puerto Rico and the United States Vir- Action: [*1] Order on reconsideration. 761, 763 (Rev. Bd. 1970). Cable was required to gin Islands are licensed as a single MTA-like Judges: By the Chief, Domestic Facilities file its extension application prior to the ex- area. Division. piration of its construction authorization. 47 (4) American Samoa is licensed as a single Opinion by: Keegan. C.F.R. Secs. 21.11 and 21.44(a). Cable failed to MTA-like area. OPINION do so. Therefore, its extension application is (b) The BTA service areas are based on the 1. Introduction. After the cancellation by hereby dismissed as untimely filed. Rand McNally 1992 Commercial Atlas & Mar- the Domestic Facilities Division (Division) n1 Section 21.44(a) stated inter alia as fol- keting Guide, 123rd Edition, at pages 38–39, on delegated authority of its authorization lows: ‘‘A construction permit shall be auto- with the following additions licensed sepa- to construct and operate Multichannel matically forfeited if the station is not ready rately as BTA-like areas: American Samoa; Multipoint Distribution Service (MMDS) sta- for operation within the term of the con- Guam; Northern Mariana Islands; Mayagu¨ ez/ tion WHT578 on the F-group channels at struction permit. . . .’’ Aguadilla-Ponce Puerto Rico; San Juan, Deadhorse, Alaska, Cable TV Services, Inc. 4. Conclusion and Ordering Clause. Have Puerto Rico; and the United States Virgin (Cable) requested reinstatement of its au- carefully considered all of the arguments and Islands. The Mayagu¨ ez/Aguadilla-Ponce thorization. evidence presented, we find that Cable TV BTA-like service area consists of the fol- 2. Background. Although acknowledging Services, Inc. automatically forfeited its lowing municipios: Adjuntas, Aguada, Agua- that it had failed to complete construction construction authorization for failure to dilla, An˜ asco, Arroyo, Cabo Rojo, Coamo, by the deadline, Cable states, on reconsider- construct prior to the specified expiration Gua´ nica, Guayama, Guayanilla, ation, that its authorization should be rein- date, reinstatement of the authorization is Hormigueros, Isabela, Jayuya, Juana Dı´az, stated because it lost its financing and was not justified, and its extension application Lajas, Las Marı´as, Maricao, Maunabo, unable to obtain substitute financing prior was late filed. Accordingly, IT IS ORDERED Mayagu¨ ez, Moca, Patillas, Pen˜ uelas, Ponce, to the expiration of its construction period. that the request for reinstatement filed by Quebradillas, Rinco´ n, Sabana Grande, Sali- Approximately six weeks after the construc- Cable TV Services, Inc. regarding the above- nas, San Germa´ n, Santa Isabel, Villalba, and tion expiration date, Cable filed an extension referenced MMDS authorization is denied Yauco. The San Juan BTA-like service area application. Cable justifies the late filing of and its extension application is dismissed. consists of all other municipios in Puerto its extension application because it was still This order is issued pursuant to 47 C.F.R. Rico. searching for financing and it had orally ad- Sec. 0.291, and is effective on its release date. § 24.203 Construction requirements. vised Commission staff of its financing prob- See 47 C.R.R. Secs. 1.4(b), 1.106, and 1.115. [*5] (a) Licensees of 30 MHz blocks must serve lems. Cable also argues that its authoriza- JAMES R. KEEGAN, with a signal level sufficient to provide ade- tion should be reinstated because, with the Chief, Domestic Facilities Division. quate service to at least one-third of the pop- exception of video programming currently Common Carrier Bureau. ulation in their licensed area within five provided by satellite, no one but Cable would § 73.3533 Application for construction permit years of being licensed and two-thirds of the provide multichannel [*2] video program- or modification of construction permit. population in their licensed area within 10 ming to the residents of Deadhorse. (a) Application for construction permit, or years of being licensed. Licensees may 3. Discussion. Section 319(b) of the Commu- modification of a construction permit, for a choose to define population using the 1990 nications Act of 1934, as amended, ‘‘provides new facility or change in an existing facility census or the 2000 census. Failure by any li- that a construction authorization will be is to be made on the following forms: censee to meet these requirements will re- automatically forfeited if the station is not (1) FCC Form 301, ‘‘Application for Author- sult in forfeiture or non-renewal of the li- ready for operation within the time specified ity to Construct or Make Changes in an Ex- cense and the licensee will be ineligible to in the construction authorization, or such isting Commercial Broadcast Station.’’ regain it. further time as the Commission may allow, (2) FCC Form 309, ‘‘Application for Author- (b) Licensees of 10 MHz blocks must serve unless prevented by causes not under the ity to Construct or Make Changes in an Ex- with a signal level sufficient to provide ade- control of the grantee.’’ Miami MDS Co. and isting International or Experimental Broad- quate service to at least one-quarter of the Boston MDS Co., 7 FCC Rcd 4347, 8347, 4348 cast Stations.’’ population in their licensed area within five (1992). The expiration date of Cable’s con- (3) FCC Form 313, ‘‘Application for Author- years of being licensed, or make a showing of struction authorization appeared on the face ization in the Auxiliary Broadcast Services.’’ substantial service in their licensed area of the authorization. The authorization also (4) FCC Form 330, ‘‘Application for Author- within five years of being licensed. Popu- contained the following express provision: ization to Construct New or Make Changes lation is defined as the 1990 population cen- ‘‘This permit shall be automatically for- in an Instructional Television Fixed and/or sus. Licensees may elect to use the 2000 pop- feited if the facilities authorized herein are Response Station(s), or to Assign to Transfer ulation census to determine the five-year not ready for operation within the term of Such Station(s).’’ construction requirement. Failure by any li- this permit. . . .’’ At the time, this auto- (5) FCC Form 340, ‘‘Application for Author- censee to meet these requirements will re- matic forfeiture provision was specifically ity to Construct or Make Changes in a Non- sult in forfeiture of the license and the li- embodied in Section 21.44 of the Commis- commercial Educational Broadcast Station.’’ censee will be ineligible to regain it. sion’s Rules. n1 Vidcom Marketing, Inc., 6 (6) FCC Form 346, ‘‘Application for Author- (c) Licensees must file maps and other sup- FCC Rcd 1945 n.3 (Dom. Fac. Div. 1991). ity to Construct or Make Changes in a Low portive documents showing compliance with ‘‘Carriers who fail promptly to construct Power TV, TV Translator or TV Booster Sta- facilities preclude other applicants who are tion.’’ 252 Texas Emergency also requests that we adopt a willing, ready, and able to construct from ac- (7) FCC Form 349, ‘‘Application for Author- uniform standard for enhanced emergency 911 serv- cess to limited and valuable spectrum. This ity to Construct or Make Changes in an FM ices. These matters are addressed in Section VI.E. has the effect of delaying, [*3] or even deny- Translator or FM Booster Station.’’

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14583 (b) The filing of an application for modi- paragraph (a) will not be granted absent a been diligent in your efforts to secure a fication of construction permit does not ex- showing that one of the following three cri- transmitter site, and that you assertion that tend the expiration date of the construction teria apply: (1) Construction is complete and you have, lacks credibility. MGMI points out permit. Extension of the expiration date testing is underway looking toward prompt that several of its officers know of available must be applied for on FCC Form 307, in ac- filing of a license application; (2) substantial sites for a transmitter, and that ten other cordance with the provisions of § 73.3534. progress has been made i.e., demonstration applicants for Channel 49 in New Orleans § 73.3534 Application for extension of con- that equipment is on order or on hand, site have specified available sites. MGMI notes struction permit or for construction per- acquired, site cleared and construction pro- that two of the principals of New Orleans mit to replace expired construction per- ceeding toward completion; or (3) no progress Channel 20, Inc. have been holders of the con- mit. has been made for reasons clearly beyond the struction permit for Channel 20 since 1980. (a) Application for extension of time with- control of the permittee (such as delays Therefore, MGMI argues, it is unreasonable in which to construct a station shall be filed caused by governmental budgetary processes to believe that these principals could not on FCC Form 307, ‘‘Application for Extension and zoning problems) but the permittee has have produced a transmitter site within this of Broadcast Construction Permit or to Re- taken all possible steps to expeditiously re- four year time span. Further, MGMI states place Expired Construction Permit.’’ The ap- solve the problem and proceed with construc- that the public interest has been succes- plication shall be filed at least 30 days prior tion. sively undercut by your continuing attempt to the expiration date of the construction * * * * * to hold on to the construction permit. MGMI permit if the facts supporting such applica- asserts that your failure to construct over tion for extension are known to the appli- the past four years has removed the channel cant in time to permit such filing. In other FEDERAL COMMUNICATIONS COMMISSION from the community and prevented any cases, an application will be accepted upon a [1985 FCC LEXIS 3169] other party from applying to use it. showing satisfactory to the FCC of sufficient In the matter of WULT–TV In opposition, you state that the objec- reasons for filing within less than 30 days June 10, 1985 Released; June 4, 1985 tions are not based on [*4] the present set of prior to the expiration date. Opinion by: [*1] McKinney. circumstances, but on the previous extension (b) Applications for extension of time to Opinion: New Orleans Channel 20, Inc., Roch- applications and the previous applications construct broadcast stations, with the excep- ester, NY. for assignment of the construction permit tion of International Broadcast and Instruc- Re: BMPCT–840710KH, BAPCT–840727KG, which cannot be revisited. You argue that tional TV Fixed stations, will be granted WULT–TV, New Orleans, LA. the public interest would be served by ex- only if one of the following three cir- GENTLEMEN: This refers to the above-cap- tending the construction permit and allow- cumstances have occurred: tioned applications for an extension of time ing the station to go on the air promptly. (1) Construction is complete and testing is within which to construct Station WULT– You assert that the public interest would not underway looking toward prompt filing of a TV, New Orleans, Louisiana, and for consent be served by opening up the channel for mul- license application; to assignment of the construction permit, a tiple competing applications. You note that (2) Substantial progress has been made i.e., petition to deny n1 each of the applications, LeSea Broadcasting, the proposed assignee, demonstration that equipment is on order or filed by Marvin Gorman Ministries, Inc. has committed itself to constructing the sta- on hand, site acquired, site cleared and con- (MGMI), and related pleadings. tion, and it hopes to have the station on the struction proceeding toward completion; or air in seven months. n2 (3) No progress has been made for reasons n1 Applications for extension of time to n2 The proposed assignee states that it has: clearly beyond the control of the permittee construct are not subject to petitions to (1) secured a transmitter site and filed an ap- (such as delays caused by governmental deny. Therefore, the petition to deny the ex- plication to modify the Channel 20 construc- budgetary processes and zoning problems) tension of time application will be treated as tion permit to specify the new site; (2) placed but the permittee has taken all possible an informal objection filed pursuant to Sec- a contingent order for broadcast equipment steps to expeditiously resolve the problem tion 73.3587 of the Commission’s Rules. in the amount of approximately $2.5 million; and proceed with construction. The Commission granted the construction (3) located a suitable studio site; and (4) (c) Applications for extension of time to permit for Channel 20 on October 10, 1980, fol- reached agreements in principle with indi- construct International Broadcast and In- lowing a settlement agreement among three viduals who will be the station’s operations structional TV Fixed stations will be grant- competing applicants. An application for as- manager and chief engineer. ed upon a specific and detailed showing that signment of the construction permit was the failure to complete was due to cause not granted on January 25, 1982. The assignment Additionally, you maintain that past Com- under the control of the permittee, or upon was not consummated and on March 15, 1983, mission cases made it clear that an exten- a specific and detailed showing of other suffi- a second assignment application was grant- sion of time is appropriate where a permittee cient to justify an extension. ed, and was consummated on June 28, 1983. that has not constructed a station [*5] pro- (d) If an application for extension of time On August 9, 1983, the Commission granted poses to assign the permit to a party that is within which to construct a station is ap- the permittee’s application for [*2] a six prepared to proceed with construction. Gross proved, such an extension will be limited to month extension of time to construct. No Broadcasting Co., 41 FCC 2d 729 (1973); New a period of no more than 6 months except construction was undertaken following any Television Corp., 65 FCC 2d 680 (Rev. Bd. when an assignment or transfer has been ap- of the grants. On February 8, 1984, the Com- 1977); Hymen Lake, 56 FCC 2d 379 (Rev. Bd. proved that provides for a longer period up mission granted an additional six month ex- 1975). You state that in the past, where there to a maximum of 12 months from the date of tension of time to construct, subject to the has been a firm commitment from the pro- consummation. condition that, not later than May 9, 1984, posed assignee to construct and the prob- (e) Application for a construction permit you would file a progress report with the ability of early inauguration of UHF tele- to replace an expired construction permit Commission. By letter dated May 9, 1994, vision, as here, the Commission has consist- shall be filed on FCC Form 307. Such applica- rather than submitting a progress report, ently found that the public interest would be tions must be filed within 30 days of the ex- you informed the Commission that because served by extending the time for construc- piration date of the authorization sought to of the drain on your time and resources and tion. You contend that the extension and as- be replaced. If approved, such authorization lack of success in obtaining a suitable con- signment of the Channel 20 permit would shall specify a period of not more than 6 struction site, you had decided to assign the bring new television service to New Orleans months within which construction shall be permit to another entity better able to pur- at the earliest opportunity. Further, you al- completed and application for license filed. sue construction of the station. Con- lege that MGMI has failed to offer any sup- § 73.3535 Application to modify authorized sequently, you have once again requested an port for its legal position and has provided but unbuilt facilities, or to assign or extension of time to construct in order to as- no basis for overturning long-established transfer control of an unbuilt facility. sign the permit to another entity. It again Commission policy. (a) If a permittee finds it necessary to file appears that no construction has been under- In reply to your opposition, MGMI main- either an application to modify its author- taken. You state that the proposed assignee tains that you have not submitted any show- ized, but unbuilt facilities, or an assignment/ stands ready to pursue construction of the ing of circumstances beyond your control transfer application, such application shall station once the assignment application is which prevented construction and, therefore, be filed within the first 9 months of the approved. the permit should be forfeited. MGMI alleges issuance of the original construction permit In its objections, MGMI contends that you that in the 11 months you have controlled for radio and other broadcast and auxiliary have had ample time in which to secure a the permit, you have made no discernible ef- stations, or within 12 months of the issuance site, have failed to do so, have received two fort to find a site, order equipment, [*6] or to of the original construction permit for tele- extensions previously for failure to find a begin any type of television operation in vision facilities. Before such an application site, and that you have made little effort to New Orleans. Yet, MGMI states, you now can be granted, the permittee or assignee procure a transmitter [*3] site. Under these hope to receive $250,000 for transferring the must certify that it will immediately begin circumstances, MGMI argues that you permit to another party. building after the modification is granted or should not be allowed to profit from the sale Before an extension application can be the assignment is consummated. of the construction permit which would re- granted, Section 73.3534(a) of the Commis- (b) Modification and assignment applica- sult if the Commission grants the requested sion’s Rules requires either a specific and de- tions filed after the time periods stated in extension. MGMI alleges that you have not tailed showing that the failure to complete

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14584 CONGRESSIONAL RECORD — SENATE September 29, 1995 construction within the time provided was TRANSITIONAL FUNDING FOR UNITED STATES sia and Malaysia in terms of the due to causes beyond a permittee’s control TRAVEL AND TOURISM ADMINISTRATION amount of money we are spending. or that there are other matters sufficient to Mr. BRYAN. Mr. President, I wanted Unfortunately, these spending figures justify the extension. In the past, where an to alert my colleagues it will be my in- are having a dramatic impact on our assignee made a firm commitment to con- tention later on today when the floor struct expeditiously and the Commission was share of the world’s tourism market. In persuaded that the assignment represents opens up to offer an amendment with 1993, the United States enjoyed almost the fastest way to have the station acti- Senator BURNS to provide transitional 19 percent of the world’s tourism re- vated, the pendency of the assignment appli- funding—— ceipts. This has declined to 15.6 percent cation can be considered to be such an The PRESIDING OFFICER. If the this year, and is expected to shrink to ‘‘other matter.’’ King Communications, Inc., Senator would withhold. 13.8 percent by the end of the decade. 47 RR 2d 109, 110 (Rev. Bd., 1980). However, We are in a controlled time. The chart that I have prepared will in- the filing of an assignment application does Mr. BRYAN. I think my statement dicate that rather dramatic decline. In not automatically entitle the permittee to would take perhaps 7 or 8 minutes, if 1993, 18.7 percent; 1994, 17.9 percent; an extension of time to have the station there is a parliamentary concern. built. Moreover, subsequent to the King deci- 1995, estimated this year, 15.6 percent; sion, the Commission has clearly stated that Mr. DORGAN addressed the Chair. and by the end of the century, 13.8 per- it will take a much closer look at extension The PRESIDING OFFICER. The Sen- cent. applications. See, e.g., Revision of Form 301, ator from North Dakota. Now, this is more than just a statis- 50 R.R. 2d 381, 382 (1981); MEKAOY [*7] C. Mr. DORGAN. I will yield the Sen- tical observation. It has real impact. (KTIE), 48 RR 2d 815, 817 (Broadcast Bureau, ator from Nevada 10 minutes. The loss in the U.S. share of the 1980). The PRESIDING OFFICER. Without world’s tourism market can be trans- Here, we note that it has been four years objection, it is so ordered. lated into a significant impact on our since the construction permit was issued for Mr. DORGAN. Mr. President, how Channel 20. During this time, the Commis- trade deficit and on employment. If we sion has granted two assignment applica- much time do I have? were able to keep our world tourism tions and two applications for extension of The PRESIDING OFFICER. The Sen- share from shrinking, we would im- time to construct. Yet, no construction has ator has 11 minutes. prove our trade balance—that is a plus, commenced and it appears that no equip- Mr. DORGAN. Then I will yield the Mr. President—by $28 billion and in- ment has been ordered. In granting the last Senator from Nevada 11 minutes. crease employment by 370,000 people by extension of time to construct, the Commis- The PRESIDING OFFICER. The Sen- the year 2000. sion granted the request subject to the con- ator from Nevada is recognized for 11 Those are significant industries. dition that not later than May 9, 1984, a minutes. Very few industries can shape our progress report would be filed with the Com- Mr. BRYAN. I thank the Chair and mission. However, on May 9, 1984, you in- economy to this extent. Travel and formed the Commission that you had decided my friend from North Dakota for his tourism is already the second largest to assign the permit to another entity. Thus, courtesy. employer in our Nation after health on July 10, 1984, you filed an application for As I indicated, Mr. President, it will care. It employs either directly or indi- extension of time to construct and on July be my intention to offer, with the dis- rectly 13 million Americans. 27, 1984, an application for assignment of the tinguished Senator from Montana, Sen- Now, this indicates the trade surplus construction permit. ator BURNS, an amendment later on balance, something that is always of In this case, the permit was assigned to today to provide transitional funding concern to us. We are running, in terms you on the assumption that you would build for the U.S. Travel and Tourism Ad- promptly. The last extension application was of our international trading accounts, approved on the assumption that its grant ministration. a deficit. would expeditiously result in a new service This funding would permit an orderly This clearly indicates that tourism— to the public. These expectations have come transition into a new public/private- international tourism; we are not talk- to nought. sector entity. This amendment enjoys ing about domestic tourism; this is Accordingly, on the basis of the facts set the support of a number of Senators on international tourism—can be a sub- forth in your application, [*8] the Commis- both sides of the aisle, including, stantial, positive, contributing factor. sion is unable to find that construction of among many others, Senators MCCON- The estimate this year is $18.1 billion, the station was prevented by causes beyond NELL, HOLLINGS, MURKOWSKI, INOUYE, your control and the Commission does not that is, in effect, more people coming find the existence of other matters which THURMOND, and DASCHLE. to the United States from abroad, would warrant an extension. The filing of the I might also note, Mr. President, that spending money in your State, Mr. assignment application, under the cir- the National Governors’ Association at President, and others who are on the cumstances, does not warrant an extension their recent annual meeting endorsed floor and my own as opposed to Ameri- of time. You are advised that your applica- the concept embodied in this proposed cans traveling abroad and spending tion for an extension of time within which to amendment. money in foreign countries—$18.1 bil- construct Station WULT, New Orleans, Lou- Mr. President, none of us is unmind- lion to the good as we say. isiana, is denied, your construction permit is ful of the fact that the current budget The opportunity we have as a nation canceled, your call sign is deleted, and your application for assignment of the construc- pressures demand some extraordinary is that international travel and tour- tion permit to LeSea Broadcasting, Incor- responses. So the purpose of this ism is growing rapidly. By the year porated, is dismissed, as moot. amendment is simply to provide some 2000 more than 661 million people will Sincerely, transitional funding until this public- be traveling throughout the world. JAMES C. MCKINNEY, private partnership can be organized. That is roughly twice as many people Chief, Mass Media Bureau. As part of this effort, the Congress, as traveled in 1985. What we need to do Mr. MCCAIN. Mr. President, I would the administration, and the travel and is to capture our share of this tourism still like to have a rollcall vote on this tourism organization that are needed market. We need to put the muscle of issue, but I have no further reason to best to promote the travel industry are the public and private sector together debate the issue. So I would suggest going to need some time to put this in a public/private-sector relationship the absence of a quorum. into effect. To cut off funding cold tur- to make sure we advance this market, The PRESIDING OFFICER. The ab- key, as is contemplated in the present fully exploit this market to make sure sence of a quorum has been suggested. form of this bill, would be the equiva- that we get our fair share of the inter- The clerk will call the roll. lent of unilateral disarmament. national travel dollar. And to do this The assistant legislative clerk pro- All of our competitors spend consid- we need to develop a new strategy, ceeded to call the roll. erably more than we do on their na- jointly with the private sector, to ener- Mr. BRYAN. Mr. President, I ask tional tourism offices. In fact, the gize our international tourism efforts. unanimous consent that further pro- United States ranks 23d, spending just The amendment which we will be of- ceedings under the quorum call be dis- $16 million while countries like Greece, fering later today would provide $12 pensed with. Mexico, and Spain, spend more than million in funding for USTTA, for the The PRESIDING OFFICER. Without $100 million each year. In fact, putting transition into this new public/private- objection, it is so ordered. this in some context, Mr. President, we sector entity. What this entity will Mr. BRYAN. I thank the Chair. rank behind such powerhouses as Tuni- look like is being formulated as we

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14585 speak. It should be available for scru- port services, for training of law en- ought not be promised support and tiny at the upcoming White House Con- forcement officers, for expansion of law then frustrated just as they are about ference on Travel and Tourism. enforcement and prosecution agencies, to expand needed programs and serv- Australia and Canada have recently and for the development of more effec- ices throughout the State. Vermont created such public/private-sector part- tive programs to prevent violent was the first State to apply for and the nerships. These new organizations are crimes against women. first State to begin receiving its Vio- each spending approximately $100 mil- Funds have already been distributed lence Against Women Act grant. The lion this year and have developed cre- to the States under this act, and it’s off Governor and his advisers had made ative and aggressive programs in pro- to a good, strong start. But it’s only a plans and promises and announced moting national tourism on behalf of start. The job is far from done. grantees through the State. That im- their respective countries. Unfortunately, in its current form, plementation of Violence Against I do not come here to defend our cur- this bill would take a step backward in Women Act programs ought to proceed rent tourism effort. It is in need of a the battle against domestic violence. without further delay, distraction or major overhaul. But terminating this Last year, Congress authorized about diminution. program cold turkey is not the appro- $175 million for fiscal year 1996. Yet the What Congress needs to do is to fol- priate step to take. We must make a bill would cut that level by $75 million. low through on our commitments, not transition into a new market entity. In my view, that cut would be a big This transition is important for all of to breach them and violate our pledge mistake. We simply should not turn to law enforcement, State and local us. It gives us time to begin imple- our back on the commitment that we menting the recommendations that government, and the American people. made last year to fighting violence Invading trust funds dedicated to Vio- will emerge from the White House con- against women. ference on tourism, time to help kick lence Against Women Act programs is So, Mr. President, I strongly urge my simply not justifiable. Neither the off the 1996 summer Olympics in At- colleagues to support this amendment, lanta, in time to make a transition elimination of the corporate alter- which would provide critical additional native minimum tax nor capital gains into a new public/private-sector part- funds for the Violence Against Women nership. taxes is sufficient reason for this cut. Act. It’s time to make the fight Funding for important programs im- Later on, Mr. President, I will urge against domestic violence a top na- my colleagues to support this amend- plementing the Violence Against tional priority. Women Act and our rural crime initia- ment, which enjoys wide bipartisan Mr. LEAHY. Mr. President, I thank tives should not be cut without debate support. And I note the work of my dis- my colleagues for restoring funding for and justification. There has been nei- tinguished colleague from Montana, the Violence Against Women Act pro- ther. Senator BURNS, who is a prime cospon- grams. When we passed the Violence sor with me. Earlier this year I offered a resolu- Mr. President, I do not know if any- Against Women Act as part of the Vio- lent Crime Control and Law Enforce- tion rejecting the ill-advised House ac- one else needs to speak, but I reserve tion cutting $5 billion from the Violent the remainder of the time and yield the ment Act of 1994, we responded to the crisis of domestic violence that exists Crime Reduction Trust Fund. The Sen- floor. ate agreed and proclaimed its intent to Noting no other Senator on the floor, throughout this country, in rural and urban communities, among poor, mid- preserve the trust fund so that we I suggest the absence of a quorum. could fulfill the promise of the Violent The PRESIDING OFFICER. The dle class, and the rich, affecting women Crime Control and Law Enforcement clerk will call the roll. and children of all races and religions. The assistant legislative clerk pro- Those programs are among the most Act and our commitment to do all that ceeded to call the roll. important parts of the comprehensive we can to reduce violent crime in our Mr. HOLLINGS. Mr. President, I ask legislation we considered and passed local communities. The action we take unanimous consent that the order for last year after 6 long years of debate. today takes an important step in that the quorum call be rescinded. To have gutted these programs same direction and preserves to our Vi- The PRESIDING OFFICER. Without through the appropriations process olence Against Women Act programs objection, it is so ordered. would have been wrong. To have done funds that are needed for their proper AMENDMENT NO. 2815 so when the funding for them was as- implementation. Mr. LAUTENBERG. Mr. President, I sured through the Violent Crime Re- Mr. HOLLINGS. Regular order, Mr. rise in support of this amendment, duction Trust Fund would have President. which would increase our commitment breached our commitment to the VOTE ON AMENDMENT NO. 2815 to addressing the menace of domestic American people. A 99 to 0 vote in violence. The PRESIDING OFFICER (Mr. Mr. President, violence against favor of restoring this funding sends a DEWINE). Under the previous order, the women is one of this country’s most powerful message to those who would Senate will now vote on the Biden important and pressing problems. have cut funding for these important amendment No. 2815. Every 5 minutes a women is raped. programs. The clerk will call the roll. Every 12 seconds a woman is battered. Law enforcement and community- The legislative clerk called the roll. In fact, these figures reflect only re- based programs cannot be kept on a Mr. FORD. I announce that the Sen- ported crimes—the actual incidence string like a yo-yo if they are to plan ator from Ohio [Mr. GLENN], is nec- rates probably are even higher. and implement programs to begin to essarily absent. These numbers are mind-numbing deal with domestic violence and its The PRESIDING OFFICER. Are there and appalling. Yet they fail to convey prevention. They need to be able to ini- any other Senators in the Chamber de- the horror and the long-term physical tiate programs and hire staff and have siring to vote? and emotional harms that victims suf- a sense of stability if these measures The result was announced—yeas 99, fer. Sexual assault can have a dev- are to achieve their fullest potential. nays 0, as follows: I know, for instance, that, in astating impact on a woman, especially [Rollcall Vote No. 474 Leg.] if she cannot get access to needed Vermont, Lori Hayes at the Vermont YEAS—99 counseling and support services. These Center for Crime Victims Services; harms can last a lifetime. It’s therefore Judy Rex and the Vermont Network Abraham Bryan D’Amato Against Domestic Violence and Sexual Akaka Bumpers Daschle critical that counseling and other serv- Ashcroft Burns DeWine ices are available to all victims. Abuse; Karen Bradley from the Baucus Byrd Dodd That is one reason why last year I Vermont Center for Prevention and Bennett Campbell Dole was proud to cosponsor the Violence Treatment of Sexual Abuse; and oth- Biden Chafee Domenici ers, provide tremendous service under Bingaman Coats Dorgan Against Women Act. This act offers a Bond Cochran Exon comprehensive approach to fighting difficult conditions. Such dedicated in- Boxer Cohen Faircloth family violence and sexual assault. dividuals and organizations, working in Bradley Conrad Feingold Under the act, Federal funds are dis- a most difficult area, on problems that Breaux Coverdell Feinstein tributed to the States for victim sup- were once thought to be intractable, Brown Craig Ford

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14586 CONGRESSIONAL RECORD — SENATE September 29, 1995 Frist Kerrey Pell The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Are there Gorton Kerry Pressler Graham Kohl Pryor ator from West Virginia. any other Senators in the Chamber Gramm Kyl Reid Mr. BYRD. Mr. President, I have no who desire to vote? Grams Lautenberg Robb particular reason to enter into any dis- The result was announced—yeas 98, Grassley Leahy Rockefeller cussion on this amendment. But when nays 0, as follows: Gregg Levin Roth Harkin Lieberman Santorum we get 4 minutes allotted for expla- [Rollcall Vote No. 475 Leg.] nation of these amendments, that is a Hatch Lott Sarbanes YEAS—98 Hatfield Lugar Shelby very worthwhile injection into the Heflin Mack Simon unanimous-consent request. It means Abraham Feingold Lugar Helms McCain Simpson Akaka Feinstein McCain Hollings McConnell Smith something, for the rest of the Members Ashcroft Ford McConnell Hutchison Mikulski Snowe to understand what we are voting on. Baucus Frist Mikulski Inhofe Moseley-Braun Specter I am not on the committee that has Bennett Gorton Moseley-Braun Inouye Moynihan Stevens jurisdiction of that particular subject. Biden Graham Moynihan Jeffords Murkowski Thomas Bingaman Gramm Murkowski Johnston Murray Thompson I would just like a little clearer expla- Bond Grams Murray Kassebaum Nickles Thurmond nation. I expect to vote for the amend- Boxer Grassley Nickles Kempthorne Nunn Warner ment. I hear a lot of good things about Bradley Gregg Nunn Kennedy Packwood Wellstone Breaux Harkin Packwood it. But I am sure a lot of Members have Brown Hatch Pell NOT VOTING—1 not heard debate on it. I have not. Bryan Hatfield Pressler Bumpers Heflin Glenn Mr. DORGAN addressed the Chair. Pryor Burns Helms The PRESIDING OFFICER. The Sen- Reid So the amendment (No. 2815) was Byrd Hollings Robb agreed to. ator from North Dakota. Campbell Hutchison Rockefeller Mr. BIDEN. Mr. President, I move to Mr. DORGAN. Mr. President, the rea- Chafee Inhofe son my remarks this morning were Coats Inouye Roth reconsider the vote and I move to lay Santorum brief is that we came at 9 o’clock this Cochran Jeffords that motion on the table. Cohen Johnston Sarbanes The motion to lay on the table was morning and began a debate on this Conrad Kassebaum Shelby Simon agreed to. very amendment per the unanimous- Coverdell Kempthorne consent request last evening. There Craig Kennedy Simpson AMENDMENT NO. 2816, AS MODIFIED Smith was debate on both sides of the amend- D’Amato Kerrey The PRESIDING OFFICER. Under Daschle Kerry Snowe ment beginning at 9 o’clock this morn- the previous order, the McCain amend- DeWine Kohl Specter ing. My intention was not to take up Dodd Kyl Stevens ment is now in order. There are 4 min- any more of the Senate’s time. It was Dole Lautenberg Thomas utes equally divided. Domenici Leahy Thompson debated both this morning and par- The Senator from Arizona. Dorgan Levin Thurmond Mr. McCAIN. Mr. President, I thank tially last night. Exon Lieberman Warner I think the amendment is a good Faircloth Lott Wellstone the Senator from Colorado, Senator agreement. I respect the Senator from BROWN, for his perfection of this ANSWERED ‘‘PRESENT’’—1 West Virginia’s interest in making sure amendment, which has allowed us to Mack everybody understands what we are agree on this very important savings of voting on just prior to the vote, but I NOT VOTING—1 between $300 and $700 million for the think we have had a good debate on Glenn taxpayers of America. I thank Senator this. I hope the Members will support BROWN for that. So the amendment (No. 2816), as the amendment. I yield what remaining time I have to modified, was agreed to. Mr. BYRD addressed the Chair. Mr. GRAMM addressed the Chair. the Senator from North Dakota. The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, I asso- ator from West Virginia. The PRESIDING OFFICER. The Sen- ciate myself with the Senator’s re- Mr. BYRD. Mr. President, is there ator from Texas. marks. I hope the Members of the Sen- any time left? AMENDMENT NO. 2819 ate will vote to approve this amend- The PRESIDING OFFICER. There is Mr. GRAMM. Mr. President, is the ment. It does deal with $300 to $700 mil- 1 minute 19 seconds. pending business the Domenici amend- lion that ought to inure to the benefit Mr. BYRD. Mr. President, I am one of ment? of the taxpayers of this country, and those Senators who stayed around all The PRESIDING OFFICER. Under that is why we offered the amendment. afternoon waiting on a vote yesterday. the previous order, that is the pending I yield the remainder of my time. I was told there would be a vote at 9 business. Mr. BYRD. Mr. President, may we o’clock last night, so I went home Mr. GRAMM. Mr. President, I ask for have an explanation of the amend- about 6:30 or 7 to get some dinner, to be the yeas and nays on the Domenici ment? with my good wife, Lady Byrd, and my amendment. The PRESIDING OFFICER. The Sen- little dog, Billy Byrd. ator from West Virginia is recognized. The PRESIDING OFFICER. Is there a So I came back. Then, after I got sufficient second? Mr. BYRD. May we have an expla- back, it was my understanding there There is a sufficient second. nation of the amendment? I understand was not going to be any vote until this The yeas and nays were ordered. it is a good amendment, but I would morning. So, as a result of all of that, like to know what it is if we are going to make a long story short, I did not Mr. DOMENICI addressed the Chair. to be voting on it. get to listen to the debate. I do not The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- know about other Senators, but, with ator from New Mexico. ator will suspend. If those Members that kind of discussion here, it is pret- Mr. DOMENICI. Mr. President, we having discussions could please retire ty hard to keep body and soul together have before us an appropriations bill. to the Cloakroom? with a good meal once in a while, let We have imposed, on top of the House The Senator from Arizona. alone understand what is in these bill, our particular appropriators’ likes Mr. McCAIN. Mr. President, the amendments. and dislikes. But the underlying bill amendment expresses, legally, that the The PRESIDING OFFICER. The that the House sent to us essentially U.S. Senate is in favor of obtaining the question now is on the amendment No. says, ‘‘Let’s keep the Legal Services maximum value for a spectrum which 2816, as modified. The yeas and nays Corporation, but let’s make sure that is valued between $300 and $700 million. have been ordered. those things that the Legal Services This is done by auction. The perfecting The clerk will call the roll. Corporation has been doing that many amendment by Senator BROWN is that, The legislative clerk called the roll. Senators and many people in this coun- in case there is another way to gain Mr. MACK (when his name was try don’t think they ought to be doing, more money for the taxpayers, that called). Present. that those things be prohibited.’’ path should be pursued by the FCC as Mr. FORD. I announce that the Sen- The House did not abolish the pro- well. ator from Ohio [Mr. GLENN] is nec- gram. The House in the appropriations Mr. BYRD addressed the Chair. essarily absent. bill funded legal services with these prohibitions attached.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14587 What I am going to do now is to take being thrown out of their house, and You cannot use it for influencing ac- the amendment that came out of the they have a legitimate reason as a ten- tion on any legislative, constitutional subcommittee that is on the floor on ant to remain there. But if they do not amendment, referendum, or similar legal services, and I am going to sub- get a lawyer, they are out on the procedures of Congress, State, or local stitute for it something very much like streets. legislative bodies. The same as the the House bill. So for those who wonder If that same thing existed and there House. whether this amendment, the Domen- was a tenant in a million dollar house You cannot use it for legal assistance ici-Hollings and many others, whether for the summer and the landlord wants to illegal aliens. Americans, Americans this bill will permit the Legal Services to throw them out, they will get jus- are what we have in mind, American Corporation to do business as usual, I tice, will they not? They will get jus- citizens. submit to them we are going to let this tice. They will get a lawyer. Why Supporting, conducting training pro- Legal Services Corporation do what the should that poor person not get that? grams relating to political activities, House said they can do. Frankly, I am one of those who wants abortion litigation, prisoner litiga- And what is that? to make Government smaller. I want tion—same as the House—welfare re- First, let me say that this approach to balance the budget. I do not take a form litigation, except to represent in- to justice came under the regime of back seat to anybody on this. But what dividuals on particular matters that do Richard Nixon. And what he said then I am trying to do in this amendment is not involve changing existing law. I believe applies today, and maybe to return the level of funding to legal I can go on with the rest. I put them more so. services to what it was 3 years ago. I in the RECORD last night. If anybody He said: am cutting 15 percent, I say to the Sen- has any questions on them, I will be [It] gives those in need new reason to be- ator from Hawaii, Senator INOUYE, 15 pleased to answer them. lieve that they too are part of ‘‘the system’’ percent from this funding. Frankly, I know sitting on the floor right now . . . [by doing what we have learned] that there are not a lot of programs getting are perhaps two Senators who would justice is served far better— cut much more than 15 percent. There rather have less of these, and I under- And continuing with his quote— are some, and some are zero, but for stand that. But I want to do one thing and differences are settled more rationally the most part, 7, 8, 9 percent, even in at a time this year. I do not want to do within the system rather than on the streets. these very difficult times. away with the program. I do not want Now [he said in the 1970’s] is the time to I want to read the prohibitions, and a block grant program designed in an make legal services an integral part of our might I say, Mr. President, I am fully appropriations subcommittee which I judicial system. aware—I am fully aware—that a num- believe essentially is destined to get Now, since that point until now, ber of people are going to vote for my rid of the system. legal services has had a rocky career. amendment and it will be adopted. It I have left one part of this discussion There is no doubt about it. It has been will be adopted, you can count on it. to my good friend Senator HOLLINGS debated on the floor. And it has been There are a number of people who do because, obviously, the chairman of the perilously close—but for Senator Rud- not like all these prohibitions, but subcommittee, Senator GRAMM from man as a stalwart, perhaps it would they are going to vote for it. They are Texas, is going to get up and talk have been changed and it would not be going to vote for this amendment be- about the offsets. I have not been privy around. But essentially what the Sen- cause they do not want to see an appro- to reading what he might say, nor has ator from New Mexico intends is that priations subcommittee, which prob- he shared it with me, but I can see it this program be around as Richard ably had one hearing for 1 hour, 11⁄2 coming. Nixon intended. hours, 2 hours, decide in a funding bill He is going to suggest, for instance, Should not the poor people in the to do away with this program and cre- that salaries and expenses for the Fed- country should be served by lawyers ate a new block grant that we do not eral judiciary, that I took a little bit of when they themselves have a need for a even understand and, at the same time, money away from—yes, I did. But we lawyer. In fact, it was mentioned back provide such a small amount of funding have consulted regularly on that and, in the days when the Legal Services for the next year that there will not be basically, we are convinced that be- Corporation was established that law- anything being done for the poor peo- cause we have increased it sufficiently, yers would be down there with the poor ple. to take a small amount off, they are people taking their case, the idea of We might just as well say for the going to be all right, as compared to storefront justice. next year there is nothing going to be doing away with legal services for the I say to everyone, I do not know what done under the funding level here. If needy and the poor. is wrong with the United States of anybody wants to challenge me on He is going to talk, for instance, America saying to the needy people of that, do not look at the budget author- about U.S. attorneys. Let me just tell this country that the judicial system is ity number, look at the outlay. It is a you about that one. I know the argu- not only for the rich. What is wrong little tiny bit; $53 million in outlays ment. The argument is going to be: with that? Why should a Republican be for the whole next year. The House put There are a lot of criminals out there ashamed to say that? That is what in $278 million; $53 million versus a who need to be prosecuted. Are we America is all about. House Republican conservative $278 going to take away prosecutions of What we do not want, at least this million. I bring it up to $340 million, those people to keep legal services? Senator does not want, is the legal which is 15 percent less than last year. Mr. President, I say to my fellow services to be suing the Legislature of Let me read the prohibitions. If there Senators, what actually happened is the State of New Jersey when they are is anyone here who does not think the the subcommittee took the President’s adopting a new welfare program and Domenici-Hollings amendment wants budget on new U.S. attorneys, which saying, ‘‘You can’t do that.’’ I think to make this program work for indi- was more than adequate. All the U.S. they should leave that to somebody vidual American needy people in their attorneys around said, ‘‘That’s a great else. And this program ought to be for personal litigation, let me read the number,’’ and the subcommittee in- the individual poor people who have a prohibitions. creased it, maybe increased all of those need for a lawyer. First, you cannot use any of this kinds of funding, so there would not be Let me suggest—although it is a money or any money from other anything left for a program like this. criminal case, so it does not nec- sources that is in the Legal Services Then we come along and say, ‘‘Let’s essarily apply to what we are doing, I Corporation to advocate policies relat- bring it down to the President’s budg- say to the Senator from South Caro- ing to redistricting. et,’’ and we are cutting U.S. attorneys. lina—but has anybody ever seen a situ- No class action lawsuits—no class ac- Having said that, there are a number ation, such as the O.J. Simpson trial, tion lawsuits—can be filed. To revert of other things. I am going to ask if my where somebody who has plenty of back to what I just described: Indi- good friend, Senator HOLLINGS, who is money gets plenty of justice? vidual legal services for individual my cosponsor, who has chaired this But here we have in a poverty neigh- Americans in need, for their case and subcommittee and is the ranking mem- borhood an American citizen who is their cause and only that. ber, might address the Senate now with

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Mr. Presi- following right now in the footsteps of thank my distinguished colleague from dent, I think there are over 130,000 law- the Senator from New Hampshire, Sen- New Mexico and former ranking mem- yers. Imagine that. Do away with this ator Rudman. I will tell you right now, ber and the former chairman of our and give it to the Governors with block do not get in Senator Rudman’s way if subcommittee. grants and try to find the lawyers who you were going to challenge the Legal In short, Senator DOMENICI talks are going to come in on this particular Services. He would knock over chairs with expert knowledge, intimate thing. They will start putting tanks on and tables and come at you. I used to knowledge, of this particular appro- the lawn again and buying airplanes get out of the way. I am glad to get out priations measure. and everything else of that kind. As of the way now under the leadership of First, Mr. President, Legal Services the distinguished chairman of my sub- Senator DOMENICI for the most worth- is a many splendored thing. I do not committee knows, you get that fish— while program that has been developed say that lightly. Yes, it was an idea what do we call it, the ‘‘funk’’ or the in a bipartisan fashion and should be that came to fruition, you might say, ‘‘monk’’ fish, whatever it was. maintained as such. under President Nixon. But it was long I refer, Mr. President, to when we What about these offsets? First you since due, if you please. We had many had the stimulus bill and they had have to understand that the moneys in the vineyards who had been working asked the poor mayors what they taken from the Department of Justice over the many years. In the 1920’s, would like to do to stimulate the econ- have to be understood. I think I have Charles Evans Hughes; our former omy. They came up with cemeteries. the exact figure here. After all of the President, Chief Justice William How- They came up with golf courses. They offsets are taken in the Domenici-Hol- ard Taft; and Elihu Root supported the came up with parking garages down lings amendment, what happens is we formation of a standing committee on there for the youngsters to park at still have increased the Department of legal aid work in the American Bar As- Easter-time on Fort Lauderdale beach. Justice a tremendous amount in per- sociation. And Taft wrote, in 1925: We had to put in all kinds of restric- centage—some 18-percent increase over Something must be devised by which ev- tions there on the local effort and what this year. In other words, let us not eryone, however lowly and however poor, local people can spend for legal serv- argue. Let us take and try on the off- however unable by his means to employ a ices, or not spend. sets from the Department of Justice, lawyer and to pay court costs, shall be fur- What you are doing is really destroy- nished the opportunity to set this fixed ma- because I am a champion of that par- ing, if you please, one of the finely ticular Department, having been the chinery of justice going. honed societal developments, led, if Then it was some 40 years later, al- chairman, and ranking member now, you please, by the American Bar, and and on this subcommittee for over 25 most 50 years later, that our distin- former Associate Justice Lewis Powell guished former President, Richard years. The FBI will have an 18.3-per- when he was the president of the Amer- cent increase. The FBI, with its attor- Nixon, came in 1970 with the American ican Bar Association, and President Bar Association. When I say a ‘‘many neys and otherwise, will be left with a Richard Nixon. $418 million increase in this budget for splendored thing,’’ everybody thinks I remember it well. I had been in- 1996 over 1995. voluntarism begins in Washington, volved in this since the early days. We families begin in Washington, and ev- have had stormy times. After it got So, in no way are we cutting back. It erything that is done begins in Wash- started, everybody was jumping up and is a tremendous increase. The truth of ington. down on the Capitol steps, saying the matter is, I was actually amazed— The fact of the matter is that society ‘‘Hey, hey, go away; how many did you and I have sworn I am not going to has been very concerned about the poor kill today?’’ and all of that. Yes, we ever use any charts around here. I am having their day in court. We, as old- were paying them—Legal Services were tired of it. If we want to balance the time trial lawyers, know that, yes, paying them. I had to treat that with budget, we ought to put a tax on charts with respect to damage suit cases and amendments and say, no, let us get used by us politicians on the floor of injury cases whereby you can get a ver- back. We are not paying for dem- the Senate and I think we could bal- dict, there is a long since-established onstrating groups to come. ance the budget. Every time I look system that has worked extremely As the distinguished Senator from around, somebody is running out with well—and now the Brits, by the way, New Mexico has referred to, and as con- one of these mischievous charts. are coming to it—whereby we take it cerned as the Senator from Texas and It is jogging my memory here. By on a contingent basis because we know the Senator from South Carolina are, 1983, after almost 200 years of history, the poor injured do not have the money the next thing you know a couple years we got to a $3 billion budget in the De- to investigate, do not have the money ago, there went Legal Services suing partment of Justice. Mind you me, hav- to pay hourly payments that they get the State of New Jersey. ing been the chief law enforcement of- in Washington. That is not the intent. There are ficer, having been a Governor of a There are 60,000 lawyers under plenty of moneys for class actions for State, we have argued, and still argue, billable hours running around this these other groups. You have to keep it that the police powers—those that be- town who have never been in a court- couched and carefully controlled in long rightfully at the local level—that room. On the contrary, the poor can order to maintain the credibility and the primary function of the State gov- come to a trial attorney. He will take the effectiveness of the program. ernment is its police powers to enforce care of the court expenses, the medical So I welcome the restrictions that the law. expenses of the doctors testifying, the have been put on by Senator GRAMM So we have been very askance about experts drawing plats and what have and others here with respect to class the Federal Government coming in on you. And if he loses his case, the poor actions and illegals and otherwise. Let all of these particular initiatives be- do not owe the lawyer anything. That us make sure that we maintain the in- cause we in Washington like to get re- is a contingent fee basis of trial work. tegrity of the program. There were elected. But when it comes to these smaller 250,000 cases last year, and, yes, with a We identify with the hot-button cases where there is not any contin- $400 million appropriation. The com- crime issue and we throw money at it. gency to be paid—namely, a domestic munities come, the local governments We have had more crime bills come case, an unemployment case, a land- and State governments, and the var- spewing down the road. We have $1 bil- lord-tenant case—for the poor, in these ious bar associations, and they pitch in lion backed up there in the Bureau of types of cases, there is no time in it or over $255 million—over half again what Prisons. We are building them like

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14589 gangbusters all over the land, all be- efforts of law enforcement or the De- location was $1 billion below the cause crime is a hot-button item. partment of Justice. House, we still come in $750 million It took 200 years to get to $3 billion. With respect to the working capital above the House with these particular This budget here for 1996 will carry us fund, what we need to do is get a little offsets. We are in good, strong shape. I to $16.95 billion—17 billion bucks. bit of discipline there. We have been think the Senator from Texas would Actually, the increase—taking the liberal. In fact, we like it when we han- want to join us in this amendment. offsets in our Legal Services amend- dle these appropriations. If we had a Mrs. KASSEBAUM. Mr. President, I ment—the increase will exceed $3 bil- working capital fund in everybody’s want to take just a few minutes as the lion, even accounting for these offsets subcommittee, the chairman and the chairman of the Labor and Human Re- in the Department of Justice. In other ranking member could allocate around, sources Committee, the authorizing words, in 1 year we are increasing the somewhat like Plato’s famous saying committee for the Legal Services Cor- Justice budget by the amount that the that a politician ‘‘makes his own little poration, to express strong support for total budget was just a few short years laws and sits attentive to his own ap- the Domenici-Hollings amendment. ago. plause.’’ All we need to do is not tell I want to say why I do so. We have We think it is needed. As I say, I was people about this working capital fund had an extensive hearing in the Labor on the committee. I did not just do it and we can sit around and divide and Human Resources Committee. We willy-nilly, but we wanted to respond money up all year long. The offset here heard from witnesses on both sides of to immigration, border patrol, the pris- is not going to hurt the Department of the issue. I have introduced legislation on system, the Marshals Service, the Justice, in any fashion. in the Senate as a companion measure FBI, Drug Enforcement Administra- With respect to the conference suc- to the McCollum-Stenholm bill that is tion, and on down the list. We have cess, I want to quote to you the inspec- under consideration in the House. We been working and working and work- tor general’s observations contained in will soon be marking up this legisla- ing. the annual report: ‘‘We are concerned tion in the Labor Committee. Here we come with an offset respect- that a successful decennial census As Senator DOMENICI pointed out ing the particular crime lab. Now, with could be jeopardized if the Bureau at- quite correctly, the language in the respect to that crime lab, I know full tempts to accomplish too much too Domenici-Hollings amendment is well that the Department of Justice is soon.’’ agreed to by some and not by others. It working with the Department of De- Now, we never had any hearings on is language that returns the Legal fense to get that new laboratory. It is the census on our side of the Capitol. Services Corporation to its original a technical support center. That is over The distinguished chairman, Mr. ROG- mission. It is language that reforms $300 million in new initiatives. ERS of Kentucky, over on the House the program in a way that restores it Earlier this year, Judge Freeh came side did have deliberate hearings that to what it was supposed to be when the up with that particular need after the went into the census budget in detail, legislation was passed and became law. tragic incident down there in Okla- and the amounts offset in the Domen- The most important part of this homa. Just sort of like a pinata, broke ici-Hollings amendment provide $67 bil- amendment is that it restores funding it, and all the gifts went in all direc- lion that we came in on this particular for the Legal Services Corporation. tions. We just started anywhere that appropriations over the House, which is That point has already been well made anybody came up from the Justice De- $60 million above the current year. by Senator DOMENICI and Senator HOL- partment. We voted aye, we said you In reality, Mr. President, what we LINGS. As Senator DOMENICI also noted, got that, do not worry about it, and ev- are doing is almost like conferees—we this amendment has important reforms erything else. can see ahead down the road when we and tight restrictions on permissible Looking at that laboratory which we confer with our House friends on a con- activities. I would just like to reiterate support out there at Quantico, we ference of committees to finalize the those, if I may, very briefly. In terms know full well that the Justice Depart- figure that we are going to reconcile of operational reforms: ment is conferring now with the De- this backwards. Frist, a competitive bidding system partment of Defense, and they do not What happens is that Senator DOMEN- will be required for awarding LSC even have the site and the land and ev- ICI has very wisely come and said we grants based on quality and cost effec- erything else. should do a little of the reconciling at tiveness of service; second, the gov- What we are trying to do is support this particular point to save an awfully erning board of LSC grantees will es- the requirement as needed, and to back important entity. We do not want to tablish priorities for the types of cases up the money and the particular offset. change this to any kind of block grant. to be handled. thrid, the LSC grantees It is not a question of us not sup- We do not want to be cutting it back. will be required to keep time sheets porting the technical support center, These lawyers—they are inspired. I identifying the client and matter under but once we get the site we have to commend the law schools of the coun- consideration; fourth, LSC grantees draw the plans and everything else of try over for inspiring these young at- will be restricted in their use of non- that kind. What we need to do is go in torneys coming out to do good, to offer LSC funds. and fifth, finally, there are a deliberate fashion there. public service—with many of them new safeguards requiring the identi- With respect to the topography lab, wanting the experience and saying, ‘‘I fication by name of plaintiffs and it is a new one. There is an effort in will give a little bit of time now to the statement of facts underlying the case this Government along that line. You public. I will learn and be able to bet- before initiating litigation or settle- have to speak advisedly because most ter represent, and I will be doing some ment negotiations. of this is classified, but I can tell you good for the communities in which I On the restrictions side, Legal Serv- here and now if you have served on the live.’’ So they come in there. ices grantees: May not lobby for pas- Intelligence Committee—I served with I think the average fee of any legal sage or defeat of legislation, may not the Hoover Commission back in the service lawyer—they are earning represent illegal aliens, may not par- 1950’s investigating these type of ac- around $30,000 to $33,000 a year. No, ticipate in training programs and polit- tivities—that they are awfully, awfully that does not take these Ivy League ical activities, may not take redis- expensive. The effort, I think, that we boys who come and go into downtown tricting cases, may not participate in have now in the Government is more Washington and downtown New York abortion litigation, may not partici- than adequate without starting a new who start out at $80,000 a year and ev- pate in class actions, may not chal- one. erything else. That is not the case. We lenge welfare reform, may not defend I defer to the chairman of our Intel- are not enriching any lawyer. We are tenants evicted from public house ligence Committee, the distinguished enriching society. projects because of drug dealing, may Senator from Pennsylvania, Senator This amendment is well conceived. not take fee-generating cases, and may SPECTER, and our ranking member, The offsets, I can say, will never cause not solicit clients. Senator ROBERT KERREY of Nebraska. I injury. On the contrary, what is still These are all very important restric- am confident that the offsets there are left is over and above the House side. tions. Some, as Senator DOMENICI not going to injure in any fashion the Even though our budget, our 602(b) al- pointed out, were far too restrictive for

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Nevertheless, I Because our colleagues are so desir- curb their abuses—the Domenici believe these restrictions provide the ous of preserving the Legal Services amendment says that funding that necessary guidance to take Legal Serv- Corporation as a Federal entity, many Federal program is more important ices back to its primary mission, which of them, who have stood on the floor of than providing prosecutors to pros- is providing assistance to those who the Senate and argued for block grant- ecute organized crime and the other need legal representation and cannot ing decisionmaking back to the States crimes that I have outlined. afford it. when it served their purpose, now op- The second cut made by the Domen- It is very important that low income pose letting States run a program ici amendment, in order to fund legal individuals have the same access as which is a renegade program, which services, is cutting $11 million from the anyone else to the legal system. But it has abuses that probably equal or ex- U.S. attorneys office. seems to me, over the years, the Legal ceed that of any other similar Govern- I remind my colleagues, and the Services Corporation has gone far be- ment program funded in the modern American people who might be watch- yond its initial mandate when the law era by our Government. But let me ing this debate, that our U.S. attorneys was passed under President Nixon’s start by going through what is being are our first line of defense. They are leadership. cut, what is being denied to the Amer- the people who try cases in Federal So, for all of those reasons, I strongly ican people to provide $340 million to court. They are the people who pros- support and have high regard for the legal services. And then I will try to ecute major drug dealers. The amend- legislation that has been put forward talk about why legal services does not ment that is offered by Senator DOMEN- as an amendment by Senator DOMENICI deserve the $340 million. ICI, to preserve the Federal Legal Serv- and Senator HOLLINGS. First of all, the Domenici amend- ices Corporation, will terminate at I yield the floor. ment cuts the general legal activities least 55 assistant U.S. attorneys who Mr. DOMENICI. Will the Senator of the Justice Department by otherwise would have been employed in yield for a question? prosecuting violent criminals and drug Mrs. KASSEBAUM. I will be happy to $25,131,000. In listening to Senator HOL- LINGS, you get the idea we are just felons, pornographers, and terrorists. yield to the Senator from New Mexico. I believe that legislating means mak- Mr. DOMENICI. It is correct, is it throwing so much money at the Jus- ing choices. I ask my colleagues, is pre- not, that the competitive bidding of tice Department they do not know serving the Federal Legal Services Cor- grants is in this amendment? You stat- what to do with it, they have all the poration rather than letting the States ed it as being part of your new reau- prosecutors they need to prosecute thorizing, but you have noted it is in every drug dealer and every violent run it through a block grant program this amendment also, is that not cor- criminal in America. The only problem worth taking 55 assistant U.S. attor- rect? with that argument is the American neys out of prosecution in America? Mrs. KASSEBAUM. That is right, the people know that does not reflect re- My answer is no. competitive bidding is based on quality ality. We had a discussion about construc- and cost effectiveness. In fact, our bill, which Senator tion for the FBI. As I read the amend- Mr. DOMENICI. That is correct. DOMENICI cuts from, already provides ment, what is being cut here is not Mrs. KASSEBAUM. Yes. $10 million below the level requested crime labs, though I strongly support The PRESIDING OFFICER. The Sen- by President Clinton in his proposed them, what is being cut is the very ator from Texas. appropriation for the Justice Depart- heart of new facilities construction at Mr. GRAMM. Mr. President, there ment. So, before we would cut the $25 the FBI Academy. The Domenici are an awful lot of points to make in million from the legal activities sec- amendment, in the name of preserving opposition to this amendment. Let me tion of the Justice Department, as Sen- a federally run Legal Services Corpora- begin by saying it is very interesting ator DOMENICI proposes, we already, be- tion, a corporation which as of today that those who came here today to de- cause of lack of funds, had cut it by $10 has filed a lawsuit against every State fend the Legal Services Corporation million. in the Union that is trying to imple- refuse to defend it. The best they can Where is this money coming from? ment welfare reform by requiring wel- do in the way of defense is to give us a Since the average person in America fare recipients to work, which is fund- list of outrageous abuses that they pro- does not understand what the general ing drug dealers who are trying to stay pose that we try to stop. That is a very legal activities of the Justice Depart- in public housing units so that they weak defense indeed. ment does, here is what it does. can more efficiently market drugs, in But I do not want to begin by talking It prosecutes organized criminals, it seeking the preservation of this Fed- about legal services, and going through prosecutes major drug traffickers, it eral program, the Domenici amend- the list of numerous organizations who prosecutes child pornographers, it pros- ment would require cutting the FBI support the committee’s position and ecutes major fraud against the tax- Academy and its construction at strongly oppose the Domenici position payer, it prosecutes terrorism and espi- Quantico by some $49 million. to bring back a Federal Legal Services onage cases. These cuts will mean that I have a letter from the head of the Corporation. There are really several we will have 200 fewer prosecutors in FBI. Unfortunately, as Senator HOL- issues in debate here, and the one I America next year, if this amendment LINGS noted, it is a classified letter. want to begin with is about the choices passes, who will be prosecuting orga- But it is certainly not classified mate- that are made to allow Senator Domen- nized crime, major drug traffickers, rial that the head of the FBI has said ici to fund the Legal Services Corpora- child pornographers, major fraud that our facilities are becoming anti- tion at $340 million. against the taxpayer, and terrorism quated; that as we have cut the Presi- Our dear colleague from South Caro- and espionage cases. dent’s request for the FBI in recent lina glosses over those decisions by I remind my colleagues, we are al- years, we have not kept up our infra- simply saying that we are providing a ready providing $10 million less than structure and that we are not going to lot of money to fight violent crime and what the President has requested. But be able to maintain our training if we drugs, and so taking some of that the Domenici amendment would fur- do not build new facilities. I remind my money away from that battle in order ther cut the level of funding for those colleagues that by a vote of 91 to 8, we to fund legal services is probably a prosecutors to prosecute organized passed the Comprehensive Terrorism good thing. This is one of those occa- crime, major drug traffickers, child Prevention Act, which authorized the sions where I wish we could sit around pornographers, and fraud against the expenditure of these moneys. I remind the kitchen table of every working taxpayer, terrorism and espionage by my colleagues that the FBI Academy family in America and discuss this another $25 million. does not just train FBI agents and Fed- issue. If we could, this amendment, and Legislating is about choosing. And eral law enforcement officials, but in probably those who advocate it, would what the Domenici amendment says is fact, last year, it trained 1,225 State be thrown out of the kitchen. But let a federally run Legal Services Corpora- and local law enforcement officials. me go through the programs that are tion, a program that is so filled with Obviously, the question that we have cut by the Domenici amendment, and outrageous actions that even in this to ask is this: Is preserving the Federal their ramifications. amendment Senator DOMENICI seeks to Legal Services Corporation rather than

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14591 block granting it to the States—as we apportionment of population in terms mitted in trying to achieve our bal- are block granting aid to families with of measuring the number of people in anced budget. dependent children, as we are block America to decide how many Congress- Let me talk about legal services, and granting Medicaid—is preserving this man each State has depends on the I want to begin by asking unanimous program as a Federal program run out census. consent that letters from the Citizens of Washington, DC, worth denying the The allocation of funding for pro- Against Government Waste in opposi- facilities we need in Quantico to train grams, from the FBI to the new Med- tion to any attempt to restore or in- FBI agents and to train 1,225 State and icaid Program to virtually every other crease funds to the Legal Services Cor- local law enforcement officials? program undertaken by the Federal poration, the Christian Coalition, the Mr. President, my answer to that Government, depends on the census. American Farm Bureau, the Family question is clearly no. Anyone who has We are getting ready to have the 2,000 Research Council, the Traditional Val- found themselves in the jurisdiction of census, the millennium census. It is ues Coalition, the Coalition for Amer- a Federal court knows that we have a the only millennium census that we ica, the Eagle Forum, that these let- real problem in the Federal court sys- are ever guaranteed to take in the ters strongly opposing the Domenici tem because it is very difficult to get a United States of America. I hope it will amendment and supporting the action case to trial. be the first of many. But this is a criti- of the committee be printed in the In terms of getting civil justice, we cally important census. RECORD. are now talking about years of waiting If we take the recommendations of to get a case before the court. In terms Senator DOMENICI and we cut funding There being no objection, the letters of criminal justice, in bringing violent for this census, we are going to have to were ordered to be printed in the criminals to justice, we are talking make the funding up in future years as RECORD, as follows: about a long wait because we do not we get closer to the year 2000. If we LETTERS IN OPPOSITION TO THE LEGAL have enough courts, we do not have make this cut now, the 2000 census will SERVICES CORPORATION enough judges, and we do not have be more inefficient. It is going to cost COUNCIL FOR CITIZENS enough prosecutors. more money. And I do not believe that AGAINST GOVERNMENT WASTE, The Domenici amendment, in order this is an exchange that should be Washington, DC, September 20, 1995. to preserve a federally run Legal Serv- made. DEAR SENATOR: The Council for Citizens ices Corporation—which is opposed by Let me talk about the amendment Against Government Waste (CCAGW) and every organization in America from itself, and then turn to the Legal Serv- our 600,000 members support H.R. 2076, the the Farm Bureau Federation to Citi- ices Corporation. Commerce, Justice, State, and the Judiciary zens Against Government Waste— It is interesting to me that this Appropriations for FY 1996. CCAGW com- would cut $25 million from our Federal amendment has a great big budget gim- mends Subcommittee Chairman Phil Gramm courts. That $25 million, for example, mick in it. And the great big budget and Appropriations Chairman Mark Hatfield could fund 400 probation officers to su- gimmick in it is that it has a delayed for sending to the floor a bill which spends $4.6 billion less than the budget request and pervise convicted criminals in Amer- obligation. For those who do not un- $1 billion less than the House version of H.R. ica. derstand what that means, let me try 2076. I ask my colleagues, is it worth deny- to explain. One of the things some peo- ing 400 probation officers supervising The $26.5 billion spending bill prioritizes ple often do in Congress when they the budgets for each agency under its juris- criminals in order to fund the Federal want to spend money but do not want diction. For example, the Justice Depart- Legal Services Corporation? My answer people to know that they are spending ment receives $15 billion for FY 1996, almost is no. Let me remind my colleagues money is to use a delayed obligation, $3 billion more than in FY 1995, to fight our that the funds that would be cut in- which means they provide money but nation’s crime problem. But with a nearly $5 clude funds that provide mandatory do not let the money kick in at the be- trillion national debt, there is always more drug testing for all convicts who are ginning of the fiscal year. In this case, to cut from spending bills. released to assure that while they are the money would kick in a month from CCAGW supports the following amend- on parole and on the streets, they re- the end of the fiscal year, on Sep- ments: main drug free. Is a cut in funding for tember 1, so that there is a huge surge The McCain amendment to mandate the this program worth making to preserve of $115 million that would become Federal Communications Commission to a federally funded Legal Services Cor- available on that date, 30 days before auction the one remaining block of Direct poration? My answer is no. next year’s budget would have to be Broadcast System spectrum. If this spectrum Mr. President, there are a lot of written. is auctioned, communication industry ex- other programs that have been cut Now, what is the purpose of this perts believe it will sell for between $300 to $700 million. It is in the best interest of the here. Strong cases can be made for budget gimmick? The purpose of this American people that the spectrum be sold them. I want to make one more case. It budget gimmick is not only to commit at public auction. is not a case that is going to sway any- a huge surge of contracts for legal serv- The Grams amendment to eliminate the body because if you are not swayed by ices a month before the new budget, East-West Center and the North/South Cen- these other cuts, then you are not but it also makes it difficult next year ter, saving taxpayers $11 million next year. going to be swayed by this. If you have for us not to fund those programs be- CCAGW opposes the following amend- long ago decided that this agency we cause they will already be underway, ments: call Legal Services, which has such a and so when the chairman of this sub- poor record that not even those who committee next year writes a budget, Any attempt to restore or increase funds to the Federal Maritime Administration. would fund it can defend it, then no that chairman will be looking at $115 amount of prosecutors, no amount of million of programs that will kick in The Inouye amendment to restore funds to training police officers, no amount of just 30 days before the end of the fiscal the Federal Maritime Administration. drug testing for convicted felons who year. The Bumpers amendment to restore funds are walking the streets on probation, What is the purpose of this gimmick for the Small Business Administration. no amount of supervision is going to which we have denounced over and over The Bumpers amendment to restore funds change your position. and over again? I have heard many for the Death Penalty Resource Centers. But I do want to mention one other Members of the Senate stand up and CCAGW urges you to support these amend- offset which very few people find mov- denounce these delayed obligations as ments and H.R. 2076. It prioritizes cuts while ing, but I think it is important; that is, basically perverting the budget process ensuring that state and local law enforce- substantial cuts in census are included itself. ment agencies are properly funded. CCAGW in this offset. Most people do not un- What is the purpose of this? The pur- will consider these votes for inclusion in our derstand the census. It is obvious that pose of this is basically to try to get 1995 Congressional Ratings. Sincerely, Alan Greenspan understands the census the level of spending in this program THOMAS A. SCHATZ, because Alan Greenspan, in testimony up at the end of the year so that next President. before the Banking Committee, asked year it will be harder to achieve the JOE WINKELMANN, that we fully fund data gathering. The savings to which we have already com- Chief Lobbyist.

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CHRISTIAN COALITION, program that will provide basic legal serv- Attorneys will receive funds after they per- Washington, DC, September 14, 1995. ices for indigent people. form legal services, not before. Currently, Re Key Vote Notice: Eliminate Legal Serv- DEAN KLECKNER, Legal Services Corporation grantees receive ices Corporation—Support Block Grants President. a pot of money up front, and spend it as they for LSC. see fit without accountability. That lead to DEAR SENATOR: The Senate will soon con- FAMILY RESEARCH COUNCIL, mischief. sider the FY 1996 Appropriations for Com- September 14, 1995. The state grant proposal breaks up the merce, Justice, State and Judiciary. On be- DEAR SENATOR: On behalf of the more than Legal Services monopoly. It enables attor- half of the 1.7 million members and sup- 250,000 families which the Family Research neys and law firms all across America to porters of the Christian Coalition, I urge you Council represents, I would like to urge you openly compete for legal services contracts. to vote against any amendments that would to expedite the intent of the House-passed If ever there was a case for open competition weaken the committee-approved provision budget resolution by declining to reauthorize and against a monopoly, this is it. The Legal regarding the block grant for Legal Services the Legal Services Corporation (LSC). Re- Services Corporation has not credibility Corporation (LSC). form of the Corporation is not an acceptable when it comes to being wise stewards of the LSC is a failed agency. Elimination of the option due to the fact that it has not been taxpayer’s money. The state grant proposal restricts the legal Corporation and instead providing legal serv- successful within the last fifteen years, par- causes of action for which taxpayer funds ices to the poor through block grants to the ticularly since liberal activists who favor a can be used to a specified list of non- States, as the Appropriations Committee ap- militant agenda have been charged with the controversial legal needs such as bankruptcy proved, is the minimum that Congress can do oversight of the program. Past experiences have shown that merely adding restrictions actions and cases of spousal abuse. There to begin to put an end to the well known would be no more taxpayer funded lawsuits abuses of the Corporation. The block grant to the program is a futile gesture. The LSC was created to perform legal serv- related to abortion, labor strikes, etc. alternative provides a better delivery system Restrictions to prohibit mischief are in- for legal services to the poor and breaks up ices for the poor and the underprivileged, yet the liberal agenda of its proponents has over- cluded. There would be no more taxpayer- the monopoly currently enjoyed by the Cor- funded lobbying, grass roots organizing, poration. taken for its original mission. The antifamily litigation that the LSC supports class action lawsuits, etc. Christian Coalition opposes any amend- We strongly urge you to vote against any is appalling. We have found cases where LSC ments that would restore the Corporation, amendments to strip out the bill’s state has litigated with a pro-abortion agenda, increase funding or in any way water down grant proposal for legal services. Thank you the restrictions currently provided for in the they have been active in blocking attempts for your consideration. bill. Before the 1996 election, Christian Coali- to reform welfare, aiding the homosexual Sincerely, agenda, supporting the notion that children tion will distribute 50–60 million voter guides CHRISTIAN COALITION, have rights independent of their parents, and and congressional scorecards. Weakening FAMILY RESEARCH COUNCIL, representing convicted criminals in civil amendments regarding LSC will be key TRADITIONAL VALUES cases. votes. COALITION, The Legal Services Act, as amended in 1977 Thank you for your consideration of our EAGLE FORUM, and in subsequent appropriations acts, pro- views. CONCERNED WOMEN FOR hibit LSC from being involved in abortion Sincerely, AMERICA, related cases. Nonetheless, LSC has re- BRIAN C. LOPINA, AMERICAN FAMILY mained firmly committed to abortion on de- Director, Governmental Affairs Office. ASSOCIATION, mand and has worked around the law in an LIFE ADVOCACY ALLIANCE. attempt to secure unlimited taxpayer-funded AMERICAN FARM BUREAU FEDERATION, abortions. LSC has worked against waiting Washington, DC, September 18, 1995. COALITIONS FOR AMERICA, periods, physicians’ consent, parental con- Hon. SPENCER ABRAHAM, Washington, DC, June 28, 1995. sent, parental notification and spousal noti- U.S. Senate, Washington, DC. Hon. ROBERT DOLE, fication. This blatant disregard for the con- DEAR SENATOR ABRAHAM: In a very short U.S. Senate, gressional intent is another facet in the ar- time, the Senate will consider H.R. 2076, the Office of the Majority Leader, gument to not reappropriate. Commerce, Justice, State Appropriations Attempts to reform LSC have failed and it Washington DC. bills, as amended by the Senate Commerce, should be abolished. During consideration of Hon. NEWT GINGRICH, Justice, State Appropriations subcommittee. the Commerce-Justice-State Appropriations House of Representatives, The portions of this bill which pertain to de- bill, the Appropriations Committee passed a Office of the Speaker, livery of legal services for the indigent will compromise proposal that provides $210 mil- Washington DC. DEAR BOB AND NEWT: In the budget-cutting create an entirely new program for this pur- lion for state level legal assistance in FY atmosphere on Capitol Hill these days, it is pose. This program is designed to function, 1996. While we believe that these funds would much like public defender programs which important not to overlook the Legal Serv- be better dedicated to deficit reduction, we ices Corporation. Here the need is not merely provide legal representation for indigent can accept the Committee’s action. I strong- criminal defendants. We believe this pro- to cut some of its programs, reduce its budg- ly urge you to oppose any effort that may be et or to try yet again to reform it, but rather gram will meet the goal of ensuring civil made to undermine the Committee’s pro- legal assistance for the poor without the to eliminate it entirely. This year, President posal through the amendment process, in- Clinton has proposed $415 million for the many problems which have plagued the cluding efforts to restore funding for the fa- Legal Services Corporation since its incep- Legal Services Corporation budget. That tally flawed Legal Services Corporation. amount, however significant, pales in com- tion in 1974. With specific respect to the de- Sincerely. livery of legal aid to the indigent, we urge parison to the trouble and expense this agen- GARY L. BAUER, cy causes. you to support H.R. 2076 as reported by the President. Appropriations Committee. The agency charged with providing legal services for those who could not afford to The operative provisions of H.R. 2076 with CHRISTIAN COALITION ET AL., pay for them instead because a hotbed of respect to legal services were modeled on a September 14, 1995. judges and legal activities who used their au- bill introduced by Rep. George Gekas (R–PA) U.S. Senate, thority to interpret the law to fit their per- and recently reported to the House by the Washington, DC. sonal ideology. The Legal Services Corpora- Judiciary Committee. This legislation was DEAR SENATOR: The Senate will soon be tion has an agenda that includes providing carefully crafted to ensure that the federal voting on the Commerce, Justice State and benefits for illegal aliens, alcohol and drug program would finance representation for Judiciary Appropriations bill. The sub- addicts, and criminals. It accomplishes this causes of action for which there is no other committee bill includes a proposal to provide task by suing any and all levels of govern- provision for payment of attorney’s fees, or legal services to the poor through a state ad- ment to prevent them from putting the where it is highly unlikely that the ‘‘target’’ ministered grant structure, rather than brakes on any kind of welfare spending, and would have resources with which to pay at- through the Legal Services Corporation. indeed to increase welfare benefits whenever torney’s fees. Thus, the bill did permit grant- On behalf of the millions of members of our and wherever it can do so. ee attorneys to pursue ‘‘deadbeat dad’’ cases, collective organizations, we strongly urge Here are some examples of the Legal Serv- but not employment law cases (because most you to vote in favor of the state grant pro- ices Corporation at work: employment discrimination and other types posal. Here are several strong reasons to sup- In 1992, Southern Minnesota Regional of employment laws provide for the recovery port a state grant rather than the Legal Legal Services won disability benefits for a of attorney’s fees for a successful plaintiff). Services Corporation: 40-year old heroin addict by making the case We urge you to oppose any effort to add to There is accountability. Attorneys are re- that his addiction kept him from being able the bill provisions allowing causes related to quired to keep time records. These records to work. employment law, constitutional challenges, are subject to audit. Currently, Legal Serv- In North Carolina, an LSC grantee stopped and consumer fraud. ices Corporation grantees are accountable to the eviction from a public housing unit of a We believe the Gekas legal services bill, as no one—no time records, no audits. That tenant who had shot and killed a child in the included in H.R. 2076, will create a federal leads to mischief. complex.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14593 The LSC has blocked eviction of drug deal- Grover G. Norquist, President, Americans of abuses, most of which occurred in ers from public housing units on technical- for Tax Reform. 1994 and 1995, be printed in the RECORD. ities such as the charges being ‘‘too vague.’’ Michael Farris, President, Home School In Virginia, a public housing tenant who Legal Defense Association. There being no objection, the mate- had acted in a violent and dangerous manner Kevin L. Kearns, President, United States rial was ordered to be printed in the won her case with aid from LSC because Business and Industrial Council. RECORD, as follows: some minor mistakes were made in the at- Michael E. Dunker, Family taxpayer’s Net- tempted eviction. work. LSC LITIGATION HORROR STORIES In addition, the LSC has blocked efforts by Grant Danes, Assistant Director, Christian Network Association, Inc. states to establish paternity for child sup- LSC grantee and source Description port payments, opposed Medicaid program Mr. GRAMM. Mr. President, I think cuts, and demanded that criminals in mental it would be useful for the American DEFENDING CRIMINAL ACTIVITY health facilities be granted the right to vote. people to get some idea what the Legal In short, the Legal Services Corporation Services Corporation is doing. The Her- Legal Services Corporation litigation has prevented public housing authori- has sought to subvert every federal, state or ties from evicting drug dealers in Georgia, New York, Florida, and Con- itage Foundation has put together a necticut. The LSC has also defended tenants who engage in the mali- local effort to penalize, restrict, reform or cious destruction of property in public housing projects. Finally, one LSC otherwise hold accountable an individual for list of lawsuits that describe the horror grantee even contested the eviction of a tenant whose son had shot his or her behavior. Measured by the exact stories that have come into existence and killed a child living in a neighboring apartment in the complex. nature of its ‘‘legal services,’’ it has been es- as a result of the Legal Services Cor- Query: How does this sort of litigation improve the lives of poor people? timated that the true cost of the Legal Serv- poration and its actions. Let me just Georgia Legal Services: Macon Hous- Defended against eviction of Tabitha ices Corporation since its founding has been read the first one, but I am going to ing Authority v. Tabitha White- Whitehead after crack cocaine some two trillion dollars, with no end in head: Testimony by John Hiscox was found in her apartment, ar- ask that all of these be put in the before House Jud. Subcommittee guing that she had not violated sight. RECORD. The first one is a Georgia on Commercial and Adm. Law her lease because she was not We understand that in normal Congres- (June 15, 1995). present at the time the search sional politics it is easier to reduce an agen- Legal Services lawsuit June 15, 1995. warrant was executed. Here is a short summary. LSC grantee:. cy’s funding than to eliminate entirely both Testimony by Michael Policy Public Housing Authority (PHA) pre- the funding and the agency. In this case, The Legal Services Corporation de- Pileggi before House Jud. vailed in evicting Victoria W. fol- however, no other solution will do. The fended a Miss Whitehead from eviction Subcommittee on Commer- lowing the confiscation of 66 cial and Adm. Law (June 15, vials of crack cocaine in her unit. Legal Services Corporation is wholly bad, after crack cocaine was found in her 1995). To avoid eviction, legal services and if now, in the time of a Republican ma- apartment, arguing that she had not filed a chapter 7 bankruptcy peti- jority in both Houses of Congress, it is mere- violated her lease because she was not tion on her behalf that led to an ly reduced, it will certainly spring back to automatic stay. present at the time the search warrant Wexford Ridge Associates v. Defended against an eviction for life later with greater vigor. It must be Bankston (1993): ‘‘The Real drug dealing, arguing that a no- killed, dead. was executed. Cost...’’., by Phillips and tice stating the tenant was We stand ready and willing to work with I have page after page after page of Ferrara. ‘‘dealing cocaine out of your these horror stories, and let me turn to unit’’ was too vague. the leadership of both Houses in pursuing Housing Authority of Norwalk v. Defended against the eviction of a this objective, but we will accept no lesser the last page. Here is a lawsuit—I will Harris, Conn. Super. No. man whose daughter was selling goal nor outcome. Quite simply, if the Legal just pick the second one on the page. SPNO 9009–10295 (1993). drugs on the property, claiming that he was not aware of the ac- Services Corporation is not eliminated in The Legal Services Corporation sued to tivity. this year’s budget—funded at zero—we can- obtain unemployment benefits for a Charlotte Housing Authority v. Defended against eviction even not be credible in arguing to our members teacher fired for drug possession, argu- Patterson (1994): ‘‘The Real though the tenant’s son had shot and supporters that the Republican Party Cost . . .’’, by Phillips and and killed a child who had been ing that the teacher had not lost his Ferrara. living in another apartment in means that it says about creating change in the complex. Washington. job through misconduct. Moore v. Housing Authority of Successfully argued that the local Sincerely, I am perfectly aware—and I do not New Haven Connecticut Public Housing Authority (PHA) Conn. Super. Ct. (1993): must repair apartment damage PAUL WEYRICH, want anybody to be confused—that ‘‘The Real Cost...’’, by Phil- even though it was caused by the National Chairman. Senator DOMENICI has nothing like the lips and Ferrara. tenant or her guests. Georgia Legal Services: COALITIONS FOR AMERICA MEMBERS restrictions on legal services that I Macon Housing Authority v Tina Defended against eviction of Tina Morton C. Blackwell, VA GOP National would impose in the committee bill, Burke: Testimony by John Burke after drug dealing was ob- Committee. but he cannot stand here and defend Hiscox before House Jud. served in her apartment, arguing Subcommittee on Commer- that she did not violate her lease Andrea Sheldon, Traditional Values Coali- the Legal Services Corporation, and in- cial and Adm Law (June 15, because she was not in posses- tion. stead he has proposed limiting actions 1995). sion of crack cocaine or cash at ——— ———, National Center for Policy the time of the arrest. they can take. Macon Housing Authority v. Pa- Defended Patricia Osborne from Analysis. I should like to remind my col- tricia Osborne: Testimony by being evicted after undercover of- Amy Moritz, National Center for Public John Hiscox before House ficers purchased crack cocaine Policy Research. leagues that this is the same Legal Jud. Subcommittee on Com- outside her back door. Services Corporation that President mercial and Adm. Law (June Mike Korbuy, United Seniors Association. 15, 1995). Penny Young, Concerned Women for Amer- Reagan was not able to rein in as a Macon Housing Authority v. Fought the eviction of Enga Scott ica, Federal program. I am hopeful that if Enga Scott: Testimony by and her son Shon after Shon pled Ronald W. Pearson, Conservative Victory John Hiscox before House guilty to possession of cocaine the amendment is successful, which I Jud. Subcommittee on Com- with intent to distribute. Fund. hope it will not be, we can at least en- mercial and Adm. Law (June Brian W. Jones, Center for New Black force some of these restrictions. 15, 1995). Leadership. Neighborhood Legal Services: Testi- Has repeatedly defended tenants in I also can go through other examples mony by Harriet Henson before Pittsburgh from eviction for rea- Joan L. Hutu, American National Council of Legal Services misconduct. Let me House Jud. Subcommittee on sons including tearing up the for Immigration Reform. Commercial and Adm. Law (June property, violating the lease (hav- Brian Lopina, Christian Coalition. just pick one here on agriculture be- 15, 1995). ing dogs), and dealing drugs in cause the American Farm Bureau very their apartments. D. Scott Peterson, Conservative Victory Legal Services of Greater Miami: Furr Argued that a landlord of a govern- Committee. strongly opposes this amendment. This v. Simmons (1993): ‘‘The Real ment-subsidized housing facility ——— ———, Association of Concerned is a lawsuit filed by the Legal Services Cost...’’, by Phillips and Ferrara. in Florida could not evict a ten- ant whose daughter was dealing Taxpayers. Corporation on June 23, 1995. All these drugs on the premises because Martin Hoyt, American Association of examples are from this year or last he had prior knowledge of the drug activity and had failed to Christian Science. year. You do not have to go back 20 Major F. Andy Messing, Jr., USAR (ret.), take action to stop it. years to find horror stories. LSC grantee: Buffalo Municipal Successfully argued that a public National Defense Council Foundation. Housing Authority v. Jones (1993): housing tenant in New York who Martin Mawyer, Christian Action Network. The Legal Services Corporation sued ‘‘The Real Cost...’’, by Phillips and had engaged in criminal or drug Peter T. Flaherty, Conservative Campaign a tomato farmer, the neighbor who Ferrara. activity could not be evicted without 30 days prior notice. Fund. rented the labor camp to the farmer, Connecticut Legal Services: Stopped termination of a tentant’s Kenneth F. Boehm, National Legal and their crew leaders, and the tomato Edgecomb v Housing Authority, housing subsidy for drug related Policy Center. U.S. Dist. Ct. for the District of criminal activity because the packing company when a farm worker Conn. (1994): ‘‘The Real Cost...’’, tentant had not been allowed to ——— ———, The Conservative Council. got injured while reaching under a by Phillips and Ferrara. confront and cross-examine wit- Karen Kerrigan, President, Small Business moving truck at a labor camp. nesses. Legal service lawyers Survival committee. were awarded $20,000 for this Every day in America the Legal case. Fred L. Smith, Jr., Competitive Enterprise Services Corporation is hassling Amer- LSC grantee: Allen v. Great Atlantic Defended a tenant against eviction Institute. Management Co. (1993): ‘‘The who had engaged in violent and James Wootton, Safe Streets Coalition. ican agriculture. Real Cost...’’, by Phillips and Fer- destructive conduct on the prop- ——— ———, Eagle Forum. Mr. President, I ask unanimous con- rara. erty. James L. Martin, 60 Plus Association. sent that this very short, concise list

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LSC grantee and source Description LSC grantee and source Description LSC grantee and source Description

FAMILY CASES Community Legal Services Inc., of Sued Philadelphia Housing Authority California Rural Legal Assistance: Sued to challenge regulations gov- Philadelphia, PA: Gwendolyn Smith on behalf of Gwendolyn Smith, Catholic Social Services v. Reno: erning the twelve month amnesty Legal Services Corporation attorneys have provided legal assistance to the v. Philadelphia Housing Authority claiming PHA failed to perform Testimony by Dean Kleckner before program enacted by Congress poor in some very curious ways. LSC grantees have filed suits arguing U.S. Dist. Ct. for the Eastern Dist. over 20 repairs in her unit. An Senate Committee on Labor and that requires illegal aliens to that unemancipated minors have a right to their own public housing of PA. (1995): Testimony of Mike investigation showed that much Human Resources (June 23, 1995). demonstrate that they lived con- units, that children should be able to terminate their parents’ rights Pileggi before House Judiciary of the damage was caused by tinuously in the U.S. from Jan. over them, and that homosexuals should be able to adopt children. Subcomm. on Commercial and the tenant (fire damage, holes ’82 until Nov. ’86 and that they Adm. Law (June 15, 1995). punched in walls and doors). are financially responsible. Lehigh Valley Legal Services: Testi- Represented a 16-year-old juvenile Community Legal Services: Lupina Represented Lupina R. in a civil California Rural Legal Assistance: Sued to challenge regulations gov- mony by Kenneth Boehm before delinquent in his quest to retain Rainey v. Philadelphia Housing rights lawsuit against PHA even Zambrano v. INS 972 F.2d. 1122 erning the twelve month amnesty House Jud. Subcommittee on parental rights to the child he Authority U.S. Dist. Ct. for the though they suspected her for en- (1992). program enacted by Congress Commercial and Adm. Law (June fathered by raping a 13-year-old Eastern Dist. of PA. (1993): Testi- gaging in criminal conduct in- that requires illegal aliens to 15, 1995). The Morning Call girl. The father had a history of mony of Mike Pileggi before House cluding dealing drugs, extorting demonstrate that they lived con- (March 2, 1995). other criminal offenses and has Judiciary Subcomm. on Commer- money, loan sharking, and filing tinuously in the U.S. from Jan. repeatedly failed to comply with cial and Adm. Law (June 15, bogus bankruptcies on behalf of ’82 until Nov. ’86 and that they his probation. 1995). PHA tenants. are financially responsible. Legal Service of Greater Miami: Cox Represented two homosexuals in LSC grantee: Testimony of Mike Filed suit against Philadelphia v. Florida 656 So.2d. 902 (1995). their fight to overturn a Florida Pileggi before House Jud. Sub- Housing Authority on behalf of WELFARE law that prohibits homosexuals committee on Commercial and Krissy J., claiming that a $50 from adopting a child. Adm. Law (June 15, 1995). check owed to her was not timely Legal Services Corporation grantees have won hundreds of billions of dol- Idaho Legal Services: Testimony by Sued on behalf of the Ogala Sioux processed. The case was settled lars in expanded rights to welfare benefits. In recent years, the LSC has Kenneth Boehm before House Jud. Tribe for custody of a 4-year-old immediately, yet PHA had to pay sought to obstruct or stop welfare reform in nearly every state in which Subcommittee on Commercial and boy who has lived with his adop- over $500 in attorney’s fees to it has been attempted, including New Jersey, Michigan, Ohio, Minnesota, Adm. Law (June 15, 1995). tive family since he was born. legal services. New York and California. What follows are but a few examples of litiga- The tribe claimed rights because tion inspired by LSC grantees in this area: the boy is half-Sioux. The boy’s CRIMINAL RIGHTS family had to sell their home to Legal Services of New Jersey: C.K. v. Sued the state and federal govern- raise money for the case. Legal Services Corporation grantees have pursued a number of novel theo- Shalala (1994). ment when they adopted a wel- Legal Services of Greater Miami: K v. Argued that children should be able ries all designed to broaden the rights of convicted criminals. In one in- fare experiment to eliminate rou- K (1992): ‘‘The Real Cost of the to sue to terminate their parents stance, an LSC grantee challenged Washington state’s reform of its pa- tine increases in welfare sub- Legal Services Corporation,’’ by rights over them. role laws that would have ensured longer sentences for convicted crimi- sidies to recipients having chil- Howard Phillips (Conservative nals. dren. Caucus) and Peter Ferrara (Na- Michigan Legal Services: Babbitt v. Sued the state when AFDC benefits tional Center for Policy Analysis), LSC grantee: June 14, 1995. Michigan Department of Social were reduced in 1992 under an Decker v. Wood (1992): ‘‘The Sued to demand that criminals in a Services (1991): ‘‘The Real appropriations bill requiring Central Pennsylvania Legal Services: Sued to force the Reading (PA) Real Cost...’’, by Phillips and mental health facility be allowed Rodriques v. Reading Housing Au- Housing Authority to accept as Cost...’’, by Phillips and Ferrara. statewide across-the-board budg- Ferrara. to vote. et cuts. thority 8 F.3d. 961 (1993): ‘‘The tenants minors who had not been Thorton v. Sullivan U.S. Dist. Sued to obtain Social Security dis- Real Cost . . .’’, by Phillips and emancipated from their parents. Legal Aid Society of Cincinnati& Sued Ohio to stop reductions in the Ct. for the District of Ala- ability benefits for a thief who Legal Aid Society of Dayton: state’s General Assistance bene- Ferrara. bama: Testimony by Dean was injured while committing the Legal Services Organization of Indi- Sued the state to stop termination Daugherty v. Wallace 87 Ohio fits. They argued there is a right Kleckner before Senate Com- crime. App. 3d. 228 (1993). to welfare under the state’s Con- ana: Indiana Dept. of Public Wel- of AFDC benefits to a parent mittee on Labor and Human fare v. Hupp 605 N.E.2d 768 whose children had been removed stitution. Resources (June 23, 1995). National Center for Youth Law: An- Sued Arkansas to force the state to (1993). from her home by the state be- Evergreen Legal Services: Powell v. Sued to prevent changes in the cause she had failed to exercise gela R. v. Clinton 999 F.2d. 320 expand its child welfare system. Du Charme (1993): ‘‘The Real Washington parole laws from (1993). responsibility for the day-to-day Cost...’’, by Phillips and Ferrara. being applied to those currently care and control of the children. Kansas Legal Services: Allen v. Sul- Won full SSI benefits for a claimant in prison. The reformed laws livan (1991): ‘‘The Real Cost...’’, on the grounds that the room would have ensured longer sen- by Phillips and Ferrara. and board his mother provide CHILD SUPPORT tences for convicted criminals. Legal Services Corporation grantees have successfully blunted efforts by could not count as income be- National Legal Aid and Defender As- NLADA was the only group to oppose cause it would have to be repaid. North Dakota and Michigan to require welfare mothers to identify the sociation: Testimony by Kenneth a bill (passed the House by a deadbeat dads of their children to welfare officials. Boehm before House Jud. Sub- vote of 432 to 0) requiring crimi- LSC grantee: Legal Assistance of North Dakota: S. Successfully argued against states committee on Commercial and nals to pay compensation to their In Re Leistner (1994): ‘‘The Won public assistance for a minor v. North Dakota Department of requiring mothers receiving wel- Adm. Law (June 15, 1995), The victims. NLADA represents legal Real Cost...’’, by Phillips and even though the parents’ home Human Services 499 N.W. 2d. 891 fare subsidies to identify the fa- New York Times (Feb. 8, 1995). services lawyers and receives Ferrara. was available and won the claim (1993). thers so the state can pursue substantial funding from LSC that applicants were not required him for child support. grantees. to pursue potential alternative re- Oakland Livingston Legal Aid in Successfully argued against states Georgia Legal Services: Testimony by Filed petitions to get the release of sources as a condition of eligi- Michigan: In Re Schirrmacher requiring mothers receiving wel- Kenneth Boehm before House Jud. David Naggel from a maximum bility for food stamps. (1993): ‘‘The Real Cost . . .’’, by fare subsidies to identify the fa- Subcommittee on Commercial and security mental hospital. Nagel Bland v. New Jersey Depart- Won continued AFDC benefits for a Phillips and Ferrara. thers so the state can pursue Adm. Law (June 15, 1995), Los was imprisoned for murdering ment of Human Services recipient who became a VISTA him for child support. Angeles Times (Nov. 12, 1994). both of his grandparents when (1993): ‘‘The Real Cost...’’, volunteer rather than get a job. they refused to give him the keys by Phillips and Ferrara. The stipend she received from HOUSING to their car. VISTA was excluded from her in- Greater Orlando Area Legal Services: Sued Orange County on behalf of 18 come in calculating AFDC eligi- Legal Services Corporation grantees have sued state and local govern- bility. ments to demand expensive new housing ‘‘rights.’’ These rights include Testimony by Kenneth Boehm be- former inmates to eliminate seg- fore House Jud. Subcommittee on regation of inmates based on National Peurto Rican Coalition Demanded expansion of the Depart- more government subsidized housing, higher rental allowances, and v. Alexander (1992): ‘‘The ment of Education’s vocational payment of child care, furniture storage and transportation expenses. Commercial and Adm. Law (June whether or not they have been 15, 1995), The Orlando Sentinel exposed to the AIDS virus. In- Real Cost...’’, by Phillips and education program regardless of LSC grantees have also attempted to silence ordinary citizens who op- Ferrara. the availability of Federal funds. pose the placement of housing for drug addicts and the mentally ill in (Sept. 30, 1994). fected inmates were returned to their neighborhoods. the general inmate population Western Massachusetts Legal Serv- without notification to other in- ices: LSC grantee: mates. Testimony by Kenneth Boehm Filed suit on behalf of Arthur Cooney Herrara v. City of Oxnard Sued City of Oxnard (CA) to demand Legal Assistance Foundation of Chi- In pioneering ‘‘inmates rights,’’ this before House Jud. Sub- to get him back on welfare after (1994): ‘‘The Real Cost more government subsidized cago: Duran v. Elrod 760 F. 2d. case set a legal precedent that committee on Commercial he spend the $75,000 he won in ...,’’ by Phillips and Fer- housing. 756 (1985). has resulted in cable television and Adm. Law (June 15, a lottery. Most of his winning rara. and expensive weights rooms in 1995), USA Today (Jan. 10, went to drugs and gambling. Lubold v. Snider (1993): ‘‘The Suit against Pennsylvania arguing a prisons. 1995). Real . . .,’’ by Phillips and ‘‘right to shelter’’ provided by the Testimony by Kenneth Boehm Published a brochure detailing how Ferrara. government. ALIENS before House Jud. Sub- to take advantage of a welfare Legal Aid Society of NYC: McCain v. Suit against New York City arguing Legal Services Corporation grantees have filed lawsuits arguing that committee on Commercial rule allowing recipient to collect Dinkins 84 NY 2d. 216 (1994). a ‘‘right to shelter’’ provided by aliens, both legal and illegal, are eligible for welfare benefits, Medicaid, and Adm. Law (June 15, cash windfalls without losing the government. Social Security disability benefits and food stamps. In one lawsuit, an 1995), Readers Digest (July public assistance for more than a Coalition to End Homelessness w/ Suit against New Haven (CT) argu- LSC attorney argued that an alien who was deported twice for criminal 1994). month. Amy Eppler-Epstein, Esq.: Hilton ing a ‘‘right to shelter’’ provided activity was entitled to Social Security retirement benefits. Southern Minnesota Regional Legal Successfully struck down 6-month v. City of New Haven 233 Conn. by the government. LSC grantee: Graham v. Richardson Argued that states may not deny Services: Mitchell v. Stetfen residency requirement for General 701 (1995). 403 U.S. 365 (1991). welfare benefits to aliens. (1992): ‘‘The Real Cost...’’, by Assistance benefits in Minnesota. LSC grantee: Jiggetts v. Perales 202 Sued New York City to establish Gulfcoast Legal Services: Smart v. Sued to obtain Social Security retire- Phillips and Ferrara. A.D. 2d. 341 (1992). higher rental allowances. Shalala 9 F.2d. 921 (1993). ment benefits for an illegal alien Monroe County Legal Assistance Brought suit against residency re- Cambridge and Somerville Legal Sued to stop reductions in monthly who had been deported twice for Corp.: Aumick v. Bane (1993): quirement for receiving New York Services: Aguirre v. Gallant rental allowances in Massachu- criminal activity. ‘‘The Real Cost...’’, by Phillips and General Assistance benefits. (1993): ‘‘The Real Cost . . .,’’ by setts. Pine Tree Legal Assistance of Maine: Sued to obtain Social Security dis- Ferrara. Phillips and Ferrara. In Re Doe (1992): ‘‘The Real ability benefits for an alien seek- Legal Aid Society of San Mateo Sued to strike down a one-year resi- Western Massachusetts Legal Serv- Demanded under an emergency Cost...’’, by Phillips and Ferrara. ing political asylum. County: Green v. Anderson (1993): dency requirement for full AFDC ices: Berrios v. Gallant (1991): housing assistance program in Western Reserve Legal Services in Sued to obtain AFDC, Medicaid, and ‘‘The Real Cost...’’, by Phillips and benefits. ‘‘The Real Cost . . .,’’ by Phillips Massachusetts for furniture stor- Ohio: Joudah v. Ohio Department food stamp benefits for an alien Ferrara. and Ferrara. age, moving expenses, child care, of Human Services 94 Ohio App. family seeking political asylum. transportation, and more. 3d. 614 (1994). MEDICAID National Center for Youth Law: Testi- Argued that citizens could not op- Legal Aid Society of San Mateo Filed suit to force California to pro- mony by Kenneth Boehm before pose the establishment of hous- County: Gillen v. Belshe (U.S. Ct. vide health services, welfare, and Legal Services Corporation grantees have sought, and often won, expensive House Jud. Subcommittee on ing in their neighborhood for re- App. for the First Circuit): Testi- food stamps while deportation expansions of the Medicaid programs in states such as California, Commercial and Adm. Law (June covering drug addicts and the mony by Dean Kleckner before proceedings are pending. Vermont, Pennsylvania, Missouri, New York, and Maine. 15, 1995). mentally ill. Senate Committee on Labor and LSC grantee: Testimony by Michael Claimed that PHA failed to timely Human Resources, (June 23, LSC grantee: Clark v. Cage (1993): Successful suit against California Pileggi before House Jud. Sub- transfer Christine L. from a five- 1995). ‘‘The Real Cost . . .’’, by Phillips demanding increased benefits committee on Commercial and bedroom unit to a six-bedroom California Rural Legal Services: Sued to prevent enforcement of INS and Ferrara. under the state’s Medicaid pro- Adm. Law (June 15, 1995). unit even though PHA has a lim- Naranjo-Aguilera v. INS 30 F.3d. regulations that would deny gram. The LSC grantee won $1.2 ited number of six-bedroom units 1106 (1994). aliens the right to participation million in legal fees. and, in fact, was able to transfer in an agriculture program if they Vermont Legal Aid: Garrett v. Dean Sued to stop a 2% cut in Vermont’s her within seven months of her have been convicted of a felony (1993): ‘‘The Real Cost . . .’’, by Medicaid program. initial request. or two misdemeanors. Phillips and Ferrara.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14595 LSC LITIGATION HORROR STORIES—Continued LSC LITIGATION HORROR STORIES—Continued LAW OFFICES OF TERRANCE J. WEAR, Washington, DC, September 20, 1995. LSC grantee and source Description LSC grantee and source Description Senator PHIL GRAMM, Russell Senate Office Building, LSC grantee: Felix v. Casey (1993): Sued Pennsylvania to challenge lim- Legal Aid Society of Metropolitan Obtained Social Security disability ‘‘The Real Cost . . .’’, by Phillips its on cold medications and den- Denver; Trujillo v. Sullivan (1992): benefits for an alcoholic with Washington, DC. and Ferrara. tal services under state Medicaid ‘‘The Real Cost...’’, By Phillips back pain. DEAR SENATOR GRAMM: My purpose in writ- program. and Ferrara. ing is to outline some of the problems that I Legal Services of Eastern Missouri: Brought suit against Missouri chal- Southern Minnesota Regional Legal Won disability benefits for a heroin Nemnich v. Strangler (1992): ‘‘The lenging limits on the services Service: In Re X (1992): ‘‘The real addict, claiming he was incapa- encountered during my tenure as President Real Cost . . .’’, by Phillips and provided under state Medicaid Cost...’’, by Phillips and Ferrars. ble of working. of the Legal Services Corporation during Ferrara. program. Alaska Legal Services: S v. Sullivan Won Social Security disability for an portions of the Reagan and Bush Administra- LSC grantee: (1992): ‘‘The Real Cost...’’, by alcoholic who was not able to Sweeney v. Bane (1992): ‘‘The Sued to stop New York from requir- Phillips and Ferrara. work because he could not stop tions, and to comment on S. 1221, the Senate Real Cost . . .’’, by Phillips ing co-payments for its Medicaid drinking. companion bill (introduced by Senators and Ferrara. program. Merrimack Valley Legal Services: Won SSI benefits for a drug addict Kassebaum and Jeffords) to HR 1806, the Fulkerson v. Commissioners Sued to stop the adoption of a sys- Smith v. Sullivan (1993): ‘‘The suffering from migraines and ar- McCollum-Stenholm legal services bill. (1992): ‘‘The Real Cost tem of co-payments for the Maine Real cost...’’, by Phillips and Fer- thritis. ...’’, by Phillips and Fer- Medicaid program. rara. By way of background, the federally fund- rara. New Orleans Legal Assistance Cor- Won benefits for a 56-year-old ed component of the legal services program National Center for Youth Law: Sued California to extend its Med- poration: Schultz v. Nelson (1993): woman who claimed to have is one of Lyndon Johnson’s poverty pro- Barajas v. Coye (1992): ‘‘The Real icaid program to cover preventive ‘‘The Real Cost...’’, by Phillips and tendonitis that prevented her Cost . . .’’, by Phillips and Fer- dental services for children. Ferrara. from engaging in productive grams, having originated in the Office of rara. work. Economic Opportunity in the Johnson Ad- Central California Legal Services: Sued an employer contending, a ministration’s Department of Health, Edu- FARMING Testimony by Harry Bell before warehouse worker with a history Subcommittee on Commercial and of alcohol abuse could not be re- cation & Welfare. The program was taken Legal Services Corporation grantees have initiated many frivolous lawsuits Administrative Law, (June 15, quired to attend Alcoholic Anony- out of HEW in 1974, and set up in a free against farmers, ten of which are listed here: 1995). mous meetings as a condition of standing non-profit corporation similar in Farmworkers Legal Services of North Filed numerous frivolous class ac- employment arguing that alco- structure to that of the Corporation for Pub- Carolina: Testimony by C. Stan tion lawsuits intended to strongly holism is a disability under the Eury before Subcommittee on discourage the use of the H2A Americans with Disabilities Act. lic Broadcasting. Commercial and Administrative temporary agricultural worker pro- Legal Aid Society of San Diego: Tes- Asserted that Attention Deficit Dis- The Legal Services Corporation (LSC) now Law, (June 15, 1995). gram to supplement the labor timony by Harry Bell before Sub- order is a disability within the disburses approximately $400 million annu- committee on Commercial and meaning of the Americans with force when there is an insuffi- ally in taxpayer funds, in the form of grants cient supply of U.S. workers. Administrative Law, (June 15, Disabilities Act. The client was a LSC grantees: Testimony by Harry Multiple lawsuits filed by LSC-fund- 1995). welfare recipient who was study- to local legal services providers, which in Bell before Subcommittee on ed attorneys in Florida have ing for a degree in criminal jus- turn use these funds to hire full-time law- tice as part of a state-sponsored Commercial and Administrative prompted the sugar cane growers yers, who in turn provide civil legal services Law, (June 15, 1995). to mechanize rather than con- training program. tinue their efforts to maintain a to eligible poor persons. Over the last fifteen H2A temporary guest-worker pro- OTHER years, the existing grantees have been able gram. Legal Services Corporation grantees routinely bring other cases with no to insulate themselves from competition for Friends of Farmworkers, Inc.: Testi- After losing most of a lawsuit logical connection to serving the needs of the poor. These include cases these grants, and the same grantees now re- mony by Dean Kleckner before against Phil Roth, a fruit grower to secure unemployment benefits for a teacher who was fired for drug Senate Committee on Labor and in Pennsylvania, FOF demanded use, challenging the use of literacy tests as a criteria for high school ceive the monies year after year. Human Resources, (June 23, $65,000 in attorney’s fees from graduation and challenging a public health law designed to prevent in- The President nominates candidates to the 1995). Mr. Roth, an amount more than dividuals from intentionally spreading infectious diseases. 100 times greater than the dis- Corporation’s 11-member Board of Directors, puted wages found to be due to Tampa Bay Legal Services: Meyerson, Challenged the establishment of a and these nominees are subject to Senate the workers involved in the case. A., ‘‘Nixon’s Ghost’’, Policy Review, functional literacy test as a cri- confirmation. Other than that, the President Advocates for Basic Legal Equality: Sued tomato farmer, the neighbor Summer 1995. terion for high school graduation (and the Executive Branch) has no control Testimony by Dean Kleckner before who rented the labor camp to the in Florida. The test measures this Senate Committee on Labor and farmer, their crew leaders, and ability to fill out basic job appli- over the actions of the corporation, its Board Human Resources, (June 23, the tomato packing company cation, do basic comparison of Directors, or its approximately 320 grant- 1995). when a farmworker got injured shopping, and balance a check while reaching under a moving ee legal services providers. book. Some believe that the LSC, and the federal truck at the labor camp. Vermont Legal Aid: Rodriguez v. Sued to obtain unemployment bene- Michigan Migrant Legal Action Pro- Sued DeBruyn Produce on behalf of Vermont Department of Employ- fits for a teacher fired for drug component of the legal services program, gram: Testimony by Robert three farm workers in an effort to ment (1992): ‘‘The Real Cost...’’, possession, arguing that the was structured this way purposely; so no one DeBruyn before Senate Committee use a very minor housing dispute by Phillips and Ferara. teacher had not lost his job (other than the local legal services grantees) on Labor and Human Resources, to bring employer provided hous- through misconduct. (June 23, 1995). ing under landlord tenant law. Legal Aid Society of Orange County: Sued claiming that the city’s prohi- could control which cases they handle. The Texas Rural Legal Aid: Testimony by Sued DeBruyn Produce on behalf of Tobe v. City of Santa Ana (1993): bition on camping out, using grantee providers pick and choose the spe- Robert DeBruyn before Senate 27 plaintiffs, claiming that they ‘‘The Real Cost...’’, by Phillips and sleeping bags, and storing per- cific cases they handle, in order to ‘‘raise the Committee on Labor and Human were owed a full crop year’s Ferrara. sonal property, in the city streets Resources, (June 23, 1995). wages. In fact, none of the plain- was unconstitutional. consciousness’’ of the persons being sued, as tiffs appeared in the company’s Evergreen Legal Services: well as the communities in which these per- employee, tax, or workers’ com- Roulette v. City of Seattle Sued claiming the city’s prohibitions sons reside. They sue to ‘‘strike a blow’’ for pensation record. They never (1993): ‘‘The Real Cost...’’, on sitting or lying on sidewalks worked for the company. by Phillips and Ferrara. in commercial areas and aggres- a favorite cause, or to create legal prece- Advocates for Basic Legal Equality: Initiated litigation to undermine a sive begging were unconstitu- dents that they believe are ‘‘favorable’’ to Testimony by Harry Bell before cooperative dispute resolution tional. poor persons as a class, rather than to the in- Subcommittee on Commercial and agreement between pickle grow- Ledesma v. Seattle School Dis- Sued to demand bilingual education Administrative Law, (June 15, ers and a farmworkers’ union trict (1991): ‘‘The Real in Seattle schools. dividual poor client whose name appears on 1995). (Farm Labor Organizing Com- Cost...’’, by Phillips and Fer- the court pleadings. Cases are pursued for mittee). rara. LSC grantee: Testimony by Harry Bell An LSC attorney sued a grower in purposes of setting these kinds of legal before Subcommittee on Commer- South Carolina for improper pay- Georgia Legal Services Martin v. Challenged Georgia state law per- Ledbetter: Testimony by Dean mitting involuntary hospitalization precedents, even when such action is not in cial and Administrative Law, (June ment of a farmworker even the best interest of the client being rep- 15, 1995). though there was documented Kleckner before Senate Committee of individuals with infectious dis- evidence that the worker was in on Labor and Human Resources, eases who represent a danger to resented. (See e.g., ‘‘War on the Poor,’’ Na- jail in North Carolina at the time (June 23, 1995 . public health. California Rural Legal Aid: Testimony Sued to kill the Targeted Industries tional Review, May 15, 1995; pp. 32–44.) of the alleged violations. Often, these programs refuse to serve poor Farmworkers Legal Services of North Litigated against the North Carolina by Harry Bell before Subcommittee Partnership Program, joint fed- Carolina: Testimony by C. Stan Employment Security Commission, on Commercial and Administrative eral-state project to direct labor persons with ‘‘run of the mill’’ or ‘‘mun- Eury before Subcommittee on resulting in the destruction of a Law, (June 15, 1995). law enforcement resources at dane’’ legal problems; preferring to con- problem employers, with the re- Commercial and Administrative successful interstate clearance centrate on the ‘‘sexy,’’ ‘‘snazzy,’’ or ‘‘high Law, (June 15, 1995). system used as a means to re- sultant spectacle of one taxpayer- cruit farmworkers that provided funded entity suing another. profile’’ cases that promote their view of continuity of employment to the ‘‘how society should be.’’ Let me cite just workers. one example: A legal services program in California Rural Legal Assistance: Charged Gerawan Farming with nu- Mr. GRAMM. Mr. President, I also Testimony by Dan Gerawan before merous violations relating to have another letter by a former Legal Washington state refused to help a poor sin- Subcommittee on Commercial and damaged housing. During the gle mother (and her three children) with a Administrative Law, (June 15, trial it was proven that the dam- Service Corporation president, Terry landlord-tenant problem (and the woman 1995). age was not intentional, but that Wear, explaining why in his experi- CRLA had actively promoted the lost her rental unit as a result), because the intentional damage and even pro- enced opinion the Legal Services Cor- program was ‘‘too busy’’ with other matters. hibited repairs from being done. poration cannot be reformed and The ‘‘other matters’’ that the program DISABILITY PROGRAMS should either be turned over to the chose to handle at the time this woman was States or be eliminated entirely. seeking legal assistance included: Legal Services Corporation grantees have aggressively sought Social Secu- Helping an alcoholic father, who claimed rity disability benefits for alcoholics and heroin addicts. LSC attorneys Frankly, he recommends that it be have also sought disability benefits for novel categories of disability he was unable to work because of his ‘‘dis- such as ‘‘antisocial personality disorder’’ and ‘‘attention deficit dis- eliminated. I ask unanimous consent ability,’’ avoid paying child support for his order.’’ In one instance, LSC attorneys argued an employer could not re- that this comprehensive letter be quire an alcoholic worker to attend AA meetings on the theory that alco- children; holism is a disability protected under the ADA. printed in the RECORD. Preventing a public housing authority from evicting two tenants who had not dis- Legal Assistance Foundation of Chi- Sued to obtain SSI disability bene- There being no objection, the letter closed their prior criminal histories in their cago: Jones v. Shalala (1993): fits for 44-year-old due to alcohol ‘‘The Real...’’, By Phillips and Fer- and opinoid dependence and was ordered to be printed in the rental applications, as they were required to rara. antisocial personality disorder. RECORD, as follows: do; and

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14596 CONGRESSIONAL RECORD — SENATE September 29, 1995 Obtaining a nationwide permanent injunc- handling of abortion cases. The plain facts tively; and, while existing grantees will be tion blocking federal reductions in the cash are that the legal services activities are not eligible to compete for these grants, the and medical welfare benefits given to newly interested in having their activities re- grant awarding process will not be ‘‘stacked’’ arrived refugees. stricted in any way; and will not abide by in their favor. These examples clearly demonstrate the the McCollum restrictions: I believe viable grant candidates, who have desire of many legal services programs to For example, certain legal services grant- no ‘‘social’’ agenda but who are genuinely in- handle the ‘‘high profile’’ cases, in which ees handled several abortion cases during my terested in helping individual poor persons they can ‘‘strike a blow’’ for a particular tenure as LSC President, and refused to stop with their legal problems, will compete for cause, at the expense of individual poor per- when I ordered them to do so. These pro- these grants; will win large numbers of sons with ‘‘mundane’’ legal problems. grams then used the money, which I had them, and will do a good job for their poor The ‘‘housing authority’’ example deserves given them to help poor people, to pay for a clients. further examination: Oftentimes, legal serv- law suit to block imposition of the discipline The Gekas bill will also pay grantees after ices programs try to block the eviction of I imposed on them. They successfully stalled they have finished their work; rather than known drug dealers from public housing my attempts to curtail their activities, even giving the grantees money up front, as the units; effectively allowing these people to through they were clearly in violation of the McCollum bill would do. Under the Gekas ap- ply their trade for these housing units, and federal Legal Services Corporation Act. proach, if a grantee does things that are pro- effectively putting the other tenants (and These law suits dragged on for several years, hibited, the grantee will not be paid for their children) into a drug war ‘‘free fire and were subsequently settled by one of my them, and its grant will be terminated. This zone.’’ Under the existing legal services sys- successors, on condition that no disciplinary should be a particularly effective way to en- tem, there is nothing anyone can do to pre- action be taken against these programs. sure that taxpayers’ funds are used only for vent these government-funded lawyers from In 1980, after completion of the national the kinds of activities permitted in the doing these things, regardless of the suf- census, the legal services programs spent Gekas block grant program. fering they inflict on the innocent families over 28,000 hours and over $600,000 in federal Even the liberal Washington Post agrees who live in these housing units. funds on Congressional redistricting activ- that downsizing of the federal legal services There are dozens of other examples of legal ity. Their purpose was to redistrict ‘‘in’’ program is inevitable, and that the block services lawyers inducing or aiding and abet- those Members or candidates who were sym- grant approach in the Gekas bill will allow ting conduct that is self-destructive. Space pathetic to the political and social goals of more of the ordinary problems of poor people does not permit me to mention them all, but these activists, and redistrict ‘‘out’’ those to be handled, leaving the ‘‘high profile’’ some of the most egregious examples in- who were not. During the 1980s, many legal cases of interest groups like the ACLU. (See, clude: services programs tried to carry out this Washington Post Editorial, September 18, Several legal services programs routinely same sort of activity at the State and local 1995.) advise poor parents to get a divorce, and levels. Many of the current legal services pro- grams receive substantial funding from poor non-abused teenagers to set up house- In 1989, I caused the corporation to enact a IOLTA (Interest on Lawyers’ Trust Ac- holds of their own, all for purposes of maxi- regulation prohibiting the involvement of counts), private charities and endowment mizing the total amount of welfare payments the legal services programs in redistricting, funds, the United Way, and State and local that the group can obtain. as it was clearly ‘‘political activity’’ which Other legal services programs work to ob- was forbidden under the Legal Services Cor- governments. I’m advised that, in 1993, non- tain federal disability payments (amounting poration Act. I was then promptly sued by LSC funding for legal services amounted to $246 million; as compared with $357 million to hundreds of dollars per month) for alco- three of the legal services programs that I in funding from the federal government. holics and drug addicts, who then use these was funding. These programs used the Consequently, the two-year phase out of the funds to ‘‘feed’’ their self-destructive habits. money, which I had given them to help poor A legal services program obtained govern- people, to pay for a law suit to keep me from federal legal services program, as provided ment disability payments for a convicted enforcing this regulation; and successfully for in the House Budget Resolution and in the Gekas legal services bill, will not end burglar; using as the basis for his claim the tied up its enforcement for more than three legal services for the poor. injuries the burglar sustained during the years. The Congress should not be fooled by the There also are approximately 900 legal aid course of committing his crime. programs that are not affiliated with the fed- Another legal services program helped a McCollum attempt to reform the existing eral legal services program; these programs convicted rapist get custody of the child he legal services program. There is no reason to believe a new set of restrictions of the kind will help ‘‘take up any slack’’ that may re- sired as a result of the rape, even though a proposed by Congressman McCollum (and sult from the termination of the federal por- psychologist testified that the rapist was Senators Kassebaum & Jeffords) will be any tion of the legal services program. likely to harm the child. more effective than the earlier sets of re- There also are other substantial private Lastly, a legal services program employee pro bono efforts that are underway to aid being paid by the U.S. taxpayers used his po- strictions were. These activist lawyers will simply exploit the ‘‘loop holes’’ in the poor persons. For example— sition to organize civil unrest in New York’s McCollum restrictions, ignore them, or file The American Bar Association has sug- Attica Prison, in order to use this unrest to law suits to challenge those they do not like; gested to its 375,000 members that they do- ‘‘commemorate’’ the anniversary of the 1971 and the restrictions will be suspended for 4 nate 50 hours per year of free legal services Attica Prison riots, in which 43 inmates and or 5 years, while these cases work their way to low-income people. guards were killed. through the courts. The activists will use The New York City bar association re- Based upon my experiences with the fed- the courts to effectively gut any attempt to cently raised $3 million for its own legal eral legal services program, I do not believe regulate their behavior, and will ‘‘wait the services program, which provides free legal the current program is salvageable; con- Congress out’’ until it gives up and goes on services for indigent families, and others. sequently, it should be ended now. Some to other things. The Iowa State Bar Association has adopt- Members of Congress, such as Congressman This conclusion is particularly note- ed a resolution urging its members to donate McCollum, have suggested that the corpora- worthy, in light of the announced intent, on ‘‘a reasonable amount of time, but in no tion and the current program should be con- the part of the legal services lawyers, to event less than 20 hours per year’’ to pro tinued, with restrictions placed on what the make ‘‘the road to welfare reform a legal ob- bono legal activities. legal services lawyers could do, the kinds of stacle course’’ for the Congress. In the April These kinds of activities are underway in cases they could handle, etc. This approach 1995 issue of the American Bar Association many states; and will cushion the termi- does not take into account the history of the (ABA) Journal (pp. 82–88), the activists threw nation of federal funding for legal services. program, and the past failed attempts to do down the gauntlet to this Congress, by out- Also, virtually all the states have formal or the very same thing. Let me mention some lining just how they intend to sue the legal informal systems under which lawyers in pri- examples: system, and the federal dollars they are vate practice provide pro bono legal services When the federal legal services program given, to attack any effort to reform the cur- to poor persons. was set up under the corporation in 1974, re- rent welfare system. Whenever the Congress or the States at- strictions were written into the statute say- I’m also heartened to note, however, that tempt to revise any ‘‘poverty’’ program; the ing that legal services lawyers could not en- ending the current legal services program proponents of the program rail about ‘‘mean- gage in political activities; or handle abor- will not end legal services for the poor: spirited attacks on the poor.’’ These attacks tion cases, desegregation cases, etc. During The Gekas legal services bill (H.R. 2277), as are usually the ‘‘knee-jerk’’ responses of peo- the Reagan and Bush Administrations, simi- introduced, provides for a transitional sys- ple and institutions with special interests to lar attempts were made to limit the kinds of tem of block grants to the States, which will protect. In this situation, it is not the poor activities and cases that could be handled by be used to fund legal services for poor per- who are complaining, but rather the lawyers legal services personnel. These restrictions sons. I’m aware that you have incorporated who benefit from the program. In fact, this were implemented through Appropriations this bill into the Senate version of the State, program has become a general welfare pro- Acts ‘‘riders’’ that were added to the bills Commerce, Justice Appropriations bill, and gram for lawyers, rather than one primarily that funded the program. that the Gekas bill will become law if this benefiting poor people; and it is the lawyers Many of these restrictions were effectively appropriations bill is enacted. who are lobbying for its retention. circumvented by the legal services lawyers; Among other things, the grants authorized The ‘‘knee-jerk’’ responses about ‘‘mean- or were openly violated in the case of the in the Gekas bill will be awarded competi- spirited attacks on the poor’’ are usually

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14597 overstated; cases in point are the attacks attorneys and 55 support personnel This is a critically important area, that were levied on the welfare reform pro- that in each of the judicial districts in and I urge my colleagues in their zeal grams instituted in the States of Michigan America could use to make our streets to preserve the Legal Services Corpora- and Wisconsin. When these reforms were pro- safer, that could be prosecuting people tion as a Federal program to ask them- posed, there was a great ‘‘hue & cry’’ about who have preyed on innocent men and hurting the poor, but this has proven not to selves, not would you want it if it were be the case at all. I believe this earlier pat- women, who could be prosecuting peo- free, but are you willing to cut funding tern is being repeated here, and that the ple who are selling drugs at the door of for the Federal judiciary by $25 million Legal Services Corporation and its 320 grant- every junior high school in America. knowing that with $25 million we could ees will not be missed when they are gone. The Domenici amendment asks us to fund 400 more probation officers, that It is interesting to note that there have choose. It asks us to choose a federally we could have funding that is needed been no ‘‘poor persons’’ who have come for- funded Legal Services Corporation over for such programs as mandatory drug ward to testify in any of the Congressional funding for an FBI Academy at testing of criminals that are on release hearings held on the legal services program. Quantico, VA, which is critically im- walking the streets of America? Those I believe this is true, at least in part, be- portant to maintaining our ability to cause poor people do not rank legal services are the choices that we have to make as a high priority in their lives, and do not train 1,225 State and local police offi- and these are the questions we must believe the current program has been all cers every year. ask. Let me remind my colleagues that that helpful to them. Now, I have not gone into great In fact, the lawyer-activists who have used the highlight of a law enforcement ca- the funds in this program to promote their reer in America is coming to the FBI lengths in talking about the Legal view of ‘‘how society should be;’’ do so with- Academy. My proposal would allow Services Corporation. Many of the out regard to the effects of their actions on each and every one of these 1,225 peo- areas that they are engaged in are the poor, i.e., the poor persons who must live ple, who are chosen because they are those in which the public perceives to next to the drug dealer whom legal services the finest America has in law enforce- be an abuse of power, whether you are has kept from being evicted. These poor peo- ment, to come to the FBI Academy, to talking about suing every State in the ple have to live with the consequences of the be trained so they can go back and Union that has tried to reform wel- ‘‘social experiments’’ of these activists; and, fare—the provisions in our bill, in allo- I suspect, are getting tired of them. train other State and local law enforce- If someone must ‘‘take the blame’’ for the ment officials, in things that are crit- cating a block grant to the States to demise of the Legal Services Corporation ical—when to use deadly force and provide legal services, have very, very and the federal funding for its grantees, it when not to, how to exercise judgment, stringent limits that say, if you take rightly must be the legal services activists how to carry out their function. They any of this money for legal services, who have abused the program through their need this sort of training so that when you cannot use it, nor any other money irresponsible behavior, and their past refusal some brutal predator criminal kills one in this bill, to try to block welfare re- to accept common sense reform. The facts of our neighbors, we are able to appre- form in America. speak for themselves; they clearly dem- onstrate that the Legal Services Corporation hend them, convict them, and hope- The Domenici language is not as and its grantees, at a minimum, use federal fully, if they are richly deserving, put strong as our language in terms of lim- monies for a lot of ‘‘stupid’’ things. The cur- them to death. iting the action or the use of legal rent program is not susceptible to reform be- And, Mr. President, this is not a pri- services funding. It is a step in the cause of the attitudes and behavior of the ac- ority that just I as a Member of the right direction, but why not give this tivists who receive these federal funds; Senate have set; 91 Members of the program back to the States? What is it serves no useful purpose, and should be ter- U.S. Senate, including the authors of minated. about this program, other than the po- this amendment which would cut this litical base that it enjoys, that is so I hope these thoughts are helpful to you. I program, voted for the Comprehensive stand ready to meet with you at any time if different from aid to families with de- I can be of service to you as you consider Terrorism Prevention Act of 1995, pendent children? Can we trust the this important issue. which authorized us to begin to up- States with seeing that poor people are Sincerely, grade the infrastructure of the FBI fed cannot we trust the States to see TERRANCE J. WEAR. Academy. that legal services are provided? I do not believe that reasonable Mr. GRAMM. Mr. President, I am What is it about this program that sure there will be others who want to working Americans would choose to spend $49 million on the Legal Services makes it so different than Medicaid? I debate this amendment, and so let me assume that those who support this summarize my arguments and then Corporation over spending that money to upgrade the FBI Academy, thereby amendment, at least some of them, will yield the floor so that we can continue allowing us to train more and better support block granting Medicaid. We the debate. law enforcement officials for America. called for it in our budget and I assume Legislating is about choosing. Legis- I do not believe, Mr. President, that we have the votes to do it. That has to lating is about deciding what is worth the average working American family do with people’s health, with their ac- doing and what is not worth doing. Al- would support taking $25 million away cess to medical care. How is it that can though it sometimes appears that the from our Federal courts, money that we trust the States to run Medicaid same laws of economics do not apply to could be spent on 400 probation officers but yet we cannot trust them to ad- the Federal Government that apply to to supervise convicted felons who are minister funds for legal services? families and businesses. Every day walking the streets, in order to fund a Well, let me say this, Mr. President. families have to say no. Seldom does Federal legal services program. Government say no. One of the reasons I believe the Legal Services Corpora- We all heard of this case—one of the tion is a renegade agency which has that families have to say no so often is cases, in fact, that President Clinton because Government cannot; $1 out of spent a tremendous amount of re- ran a TV ad on—about a brutal murder sources promoting a political agenda. I every $4 earned by the average Amer- that occurred. What he did not tell us think the superstructure of the agency ican family with two children now goes was that this brutal murderer had been which will be preserved by the Domen- to Washington so that Government can convicted of a violent crime, was in ici amendment is engaged in an activ- say yes so often. prison, had been released, and was ity which is the right of every free cit- However, even in the Federal Govern- being supervised by a parole officer. He izen. Every free citizen has a right to ment, we have to make choices. The had to meet with the parole officer advocate their views, no matter how Domenici amendment asks us to once a year—once a year he had to extreme someone else may feel they choose. It asks us to choose between show up for a meeting. And he went out are. And I defend that right. But they funding legal services and providing and killed somebody. And the Presi- do not have the right to do it with tax- funds for the prosecution of organized dent tells us as a result of that we crime, drug trafficking, child pornog- ought to ban guns. payers’ money. raphy, fraud against the Government, But the point is, we do not have so If they object to reforming welfare, terrorism, and espionage. It asks us to many probation officers that we can let them run for the legislature and ex- choose between funding the Legal Serv- simply afford a cut that would lead to plain to people that they do not want ices Corporation over funding 55 U.S. 400 fewer. welfare recipients to have to work. But

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14598 CONGRESSIONAL RECORD — SENATE September 29, 1995 they should not be able to take tax- from Texas, when you are not really General legal activities. My good payer money to file those lawsuits. cutting something, but merely reduc- friend from Texas has made an argu- If they believe that the Government ing its growth, you like very much to ment about all these professionals they ought to be involved in elections, or tell everybody, ‘‘We’re not really cut- are going to lose. Under the committee they believe the Government ought to ting, we’re just reducing the growth.’’ bill general legal activities is slated to be involved in other areas, let them get In discussing my chosen offsets for this increase by $13.4 million. out and engage in the public policy de- amendment, he chooses to ignore that. I could go on with each one of them. bate, but not with the taxpayers’ So let me give you a couple of exam- I have tried my very best to be as hon- money. ples. I think you ought to know that if est as I can about U.S. attorneys. They I do not believe that we are going to these examples strike home—and every are going up dramatically, not coming be able to solve these problems if we one of the Senator’s examples is fes- down. FBI construction; the now keep this infrastructure in place. I tered with the same problem, every one named candidates from around the think that the only thing that is going of them has the same problem in terms country will be trained. We are just not to change the focus of the Legal Serv- of how they are attempting to mislead going to put money in for a building ices Corporation to the legal needs of us. they do not have a plan or site for. We poor people is to eliminate the Federal First, let us talk a minute about the can do it next year if we find, indeed, superstructure, a superstructure and U.S. attorneys. The amendment that they are prepared to allocate the fund- bureaucracy which has proven beyond we have funds the U.S. attorneys at $28 ing. a shadow of a doubt that it has a social million above the U.S. House of Rep- My last point has to do with my good and political agenda. I oppose its agen- resentatives. Frankly, I do not believe friend from Texas talking about a da. It has a right to an agenda, but not the U.S. House of Representatives budget gimmick. Frankly, Mr. Presi- at the taxpayers’ expense. would be cutting U.S. attorneys know- dent, I say to my fellow Senators, I do I believe we can meet the legitimate ing the subcommittees over there and not let too many gimmicks get legal needs of the poor by setting up a what their desires are about through, but they get through. Every block grant which was supported by crimefighting. appropriations bill has some kind of the subcommittee and by the full com- The U.S. attorneys, under this pro- forward funding in it. In fact, I suggest, mittee. That block grant will give the posal, will increase $87 million. No cut. and if my good friend from Texas would money back to States and, within the U.S. attorneys in America will have a like me to pull the bill, I will, but I guidelines which will say that no enti- 10-percent increase. So whatever the suggest it is way back in my recollec- ty taking this money can file lawsuits good Senator from Texas said, we are tion that the last time he was ranking to block welfare reform, keep drug providing $87 million in new money for member for the HUD and NASA bill, dealers in public housing, or any of all U.S. attorneys; not a cut, an increase. that there was over $1 billion forward the other things that this agency is fa- Frankly, if you want to increase funded in order for them to get a bill mous, or infamous, for. It would be ad- something in a committee so that you through. ministered by the States, with greater can say you are the greatest crime- Check the number. Maybe it is $850 supervision and control, where people fighter in the world and one up every- million, but it is close to a billion. And in an area who are outraged about an body, then go ask the Justice Depart- it was praised on the floor by my good action cannot just write their two Sen- ment, ‘‘Well, if you don’t get that, how friend from Texas. ators and their one Congressman, but many are you going to lose?’’ that is, But mine is not the gimmick he de- actually get the legislature and the in essence, every argument the Senator scribes. As a matter of fact, we phased Governor to make a change. has made. our funding because we want to encour- Is that not logical reform? Is that The truth of the matter is, there will age the Legal Services Corporation to not what the Contract With America be many, hundreds of new U.S. attor- implement a competitive bidding sys- was about? Is that not what the party neys, even after we provide legal serv- tem for grants in a timely manner. The I represent stands for? I think it is. ices for the poor. first $225 million will be released in I think this is a clear-cut choice. And Let me talk about the FBI. The dis- order for the Corporation to continue I want our colleagues to look very cussion here sounds like this 1,225 peo- service. The additional money at the closely at these offsets and understand ple from the hinterland that we train end is going to be used as incentive the damage we are doing to law en- we are not going to be able to train be- money to implement competition and forcement, to our anticrime and anti- cause of the Domenici amendment. Ab- to supplement earlier funding for legal violence efforts by providing this fund- solutely untrue. They will all be services. ing level to the Legal Services Cor- trained, there is no question about it. Last but not least, Mr. President, I poration. The $340 million that would So you can strike all that talk. They looked at all these letters my good be provided under the Domenici will all receive education and training. friend from Texas has submitted for amendment is taken away from pro- This proposal that is funded in the the RECORD in opposition to my amend- grams that, not only in my opinion, bill is the following: $52 million for ment. I have copies of them now. I am but I would assert in the opinion of vir- some additions to their training center about as close to the Farm Bureau as tually any reasonable working Amer- at Quantico. They do not have a site anybody in this Senate. Frankly, if the ican, are of much greater importance. yet, they do not have a plan yet, and Farm Bureau knew that the Domenici I hope my colleagues will reject this the estimates are they will spend $5 prohibitions, which are similar to the amendment. million of the $52 million at the most House, were going to be adopted as part I yield the floor. this year. All of it will be spent next of the law, they would not write this Several Senators addressed the year and the year after. letter. And that is what it is going to Chair. What is wrong with saying since you be, because both bills prohibit the kind The PRESIDING OFFICER (Mr. cannot spend it, since you do not have of actions that the farming commu- COVERDELL). The Chair recognizes the a plan, is there anything wrong with nity, and many others, are arguing Senator from New Mexico. saying, let us provide legal services for about, complaining about the abuses, Mr. DOMENICI. Mr. President, I say the poor, if that is what it takes? which I acknowledge. They would say, to the Senator from Massachusetts, let Frankly, I do not believe, if the Direc- ‘‘Great, if you want to have legal serv- me just respond to three or four of the tor of the FBI was sitting across the ices with these prohibitions, we are not Senator’s points. table and told about this, that he against helping the poor.’’ First of all, Mr. President, so every- would stand up and say, ‘‘I insist on $52 There is not a single one of these or- body will understand, I will try to ad- million that I don’t need, that won’t be ganizations who wants to go on record dress a couple issues of the Senator spent until next year and because I saying, ‘‘We don’t want any legal serv- from Texas with reference to what we want it so much, I would like no poor ices for the poor of the United States.’’ are cutting. people to have any legal services in They do not want the abuses. It is interesting, when this side of the America.’’ Does anybody believe that? Why are we apt to stop the abuses aisle, including my wonderful friend Let me go on to just a couple more. this time when we never have before? I

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14599 will say it plain and simple. I do not in- question is, Do we have more prosecu- priorities was to try to upgrade the tend to in any way antagonize my tors than we need? The point is, for ex- training facilities, which is desperately Democratic friends, but the fact of the ample, in the general legal activities of needed. I think that is a priority item. matter is, we never had a Republican the Justice Department, we have pro- Look, it is a matter of choice. You House, that is why we never got the vided $10 million less than Bill Clinton may want a Federal Legal Services prohibitions. says we need to prosecute organized Corporation more than you want to They are in the House bill. They put crime and major drug traffickers and modernize the training of the FBI the prohibitions in. We are going to put child pornography and major fraud Academy. That is a perfectly legiti- them in. There will not be a Commerce, against the taxpayer and terrorism and mate choice. But it is a choice, this is Justice bill without the prohibitions espionage. We have provided $10 mil- not a free amendment. This amend- in, and there will be no funding for lion less than the President says we ment will mean fewer prosecutors and legal services without the prohibitions. need. The Domenici amendment would fewer convictions. It will mean facili- When you put all the prohibitions in, take away $25 million more, elimi- ties that will not be modernized as rap- when you understand the nature of the nating 200 prosecutors from the Justice idly. It will mean a lower quality of reductions we had to make, I am sure Department. Now, those are 200 addi- training. It will mean fewer people will many who listened to the Senator from tional prosecutors who would have get trained. That is the choice that you Texas will take another look. They will been there were we not maintaining are making and it is not a choice that clearly decide that even the average the Federal Legal Services Corpora- can be wished away. working man that my friend from tion. Now, you can say, well, we still Texas uses so wonderfully in talking That is the choice. Do you want them would be doing more than we were about not wanting to pay taxes and there or not? Senator DOMENICI says, doing last year. But the point is, we they are the ones that are working and well, look, they were not there last will not be doing as much as we are ca- that they ought to get out and pull the year, were you not happy without pable of doing. wagon, that if you put an average them? No. The American people want In terms of the Farm Bureau, I would working man or woman in a room and more prosecutors. The American people be happy to call in the Farm Bureau you say, ‘‘If these abuses are not there want to go after organized crime and and ask Senator DOMENICI, if they do and it is just providing an attorney for drug traffickers and child pornog- not support his position, if they would a poor person whose opponent has an raphers and fraud against the tax- rather do it my way, if he would pull attorney and they are desperately in payers and terrorism and espionage. So his amendment down. My feeling is need, average working man and woman the question is: Do you want 200 more that they would rather eliminate this in America, would you like to say to prosecutors doing these things, or do Federal superstructure, which basi- those people, you get nothing, you go you want a Federal Legal Services Cor- cally has, since the beginning of the defend yourself, do away with legal poration? That is the question. Legal Services Corporation, pursued a services?’’ Well, I will take that issue Senator DOMENICI says, well, you will political agenda, a political agenda to the average working men and end up with more U.S. attorneys under that we are trying to deal with right women in this country, and I believe by the bill even with his cut. That is true, here in this very amendment. This an overwhelming majority they are de- but it is not very relevant. The point amendment is not as strong in dealing cent people and understand if you are is, the American people want to grab with this agenda as we are in the com- in litigation, you have to have some criminals by the throat and not let mittee bill, which is why I want to pre- help. If you are a poor person and get- them go in order to get a better grip. serve the committee bill. ting sued, you are involved in a land- The American people, I believe, given a I yield the floor. lord-tenant dispute, any of the thou- choice of spending $11 million so they Mr. INOUYE addressed the Chair. sands they handle—let me tell you, can have 55 more assistant U.S. attor- The PRESIDING OFFICER. The Sen- they are handling, on an individual neys and 55 more support personnel to ator from Hawaii is recognized. basis, huge numbers—thousands—if go after people selling drugs at every Mr. INOUYE. Mr. President, I rise to somebody knows, maybe they can in- junior high school in America, I think speak on behalf of the poorest of the sert it into the RECORD. They have given that option, they would choose poor of this land. Mr. President, I rise nothing to do with class actions. to have them there. to speak on behalf of the first Ameri- My closing remark is if you are wor- In terms of the FBI Academy, the ar- cans of this land, the native American, ried about the abuses, about class ac- gument made is that they do not need the Indian. tion, about suits against legislators or new facilities. Well, everybody associ- In 1788, our forefathers, the elected Governors, or welfare, those are gone ated with the FBI says they do. They representatives of the first nine States in the Domenici amendment, finished, say that the infrastructure is becoming of this Union, gathered to ratify and they are not around anymore. antiquated. adopt the Constitution of the United I yield the floor. Mr. DOMENICI. If the Senator will States. This noble document has served Mr. GRAMM. Mr. President, let me yield, I did not say they did not need us for over 200 years. In the first article respond to the points Senator DOMENICI it. of this great document is a provision has made. First of all, the committee Mr. GRAMM. I believe the Senator that recognizes the important role and bill does not eliminate legal services. said they just will not be able to build the specific role played by the Federal It eliminates the Federal entity, the a new facility as soon. Government of this United States to Federal bureaucracy, but gives funds to Mr. DOMENICI. I said they cannot carry out obligations that we solemnly the States with stricter prohibitions build it because they do not have a lo- promised by treaty and by law. It also than the Domenici amendment, so that cation or a plan, and they cannot spend recognizes the sovereignty of these the funds can be used through State- the money. people. These were proud people. They run programs, without this over- Mr. GRAMM. All I know is that the numbered at that time in excess of 50 arching Federal bureaucracy and its head of the FBI asked me both in testi- million in North America. Today, I am political agenda, so that the funds mony and in a letter, to provide the sorry to say they number less than 3 available can truly go to help poor peo- funds because he said it was needed. I million. At the moment of the signing ple with real legal needs. think the Senator is talking about the of the Constitution, these great people So the suggestion that the alter- technical support center. I am talking exercised dominion over 550 million native is the Domenici way or no way, about the FBI Academy. As I read the acres of land, and we recognized and simply does not bear up under scru- amendment, it is cutting the academy honored that at that moment. tiny. and not the technical support center. Today, the descendents of these Indi- Now, with regard to the gimmick In any case, our infrastructure and ans exercise dominion over 50 million used when we are talking about fund- our effort to fight violent crime and acres of land. Because these Indians, ing, the question is not do we have drugs is getting old. When we had testi- who exercise dominion over all these more prosecutors than we had last year mony before the subcommittee, the lands—including the land on which we after the Domenici cuts are made. The head of the FBI said that one of his top are standing at this moment—we the

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14600 CONGRESSIONAL RECORD — SENATE September 29, 1995 people of the United States, because of employed, 50 percent of the families also calls for the State or tribal gov- their granting of title to these lands to are below the poverty line—they can- ernments with significant numbers of us, promised by treaty that as long as not pay any lawyers’s fee. They have to Indian households below the poverty the Sun rises in the east and sets in the depend upon legal assistance and legal line to receive 140 percent of what they west, we will make certain that their services program. would otherwise receive. I have not lives will never be placed in jeopardy, Mr. President, I rise to support the seen that before. Now, the Domenici that we will provide them with shelter, Domenici amendment because it has amendment, as I understand it, strikes health, and education. the sensitivity to recognize our obliga- that provision of the bill. It strikes I am sorry to say we have not lived tions. It is a small amount, $10 million. section 120 of the bill as reported. up to these obligations. In fact, our I am sorry to say the committee bill If the Domenici amendment is adopt- predecessors, the U.S. Senators of the does not involve $10 million. I believe a ed, then we will lose that government- older days, were faced with the ratifi- clarification of this point is necessary. to-government relationship. We will cation of 800 treaties. Of the 800 trea- The distinguished Senator from lose the 140 percent of what they would ties, our predecessors felt that 430 were Texas noted that this amendment, the otherwise receive. Frankly, I do not not worthy of our consideration. These committee amendment, was adopted by understand why all of us would not be treaties were signed by the President the subcommittee and adopted by the supporting provisions that provide di- of the United States, or a proper rep- full committee. Technically, that is rect block grants to the tribal govern- resentative, and signed by the chiefs correct. ments—which is entirely in keeping In the subcommittee, we were all and great leaders of Indian lands. with what I have been trying to do for We said, ‘‘You give us this land, and told, ‘‘Let’s not take up matters of the last 13 years, that is, respect tribal we will provide you with help.’’ Mr. controversy.’’ That is a practice of the sovereignty—and provide the funds di- President, 430 are still in the files. The Appropriations Committee. ‘‘Let’s not rectly to those tribes. reasons are very simple. After these waste our time. Let’s not take up mat- treaties were ratified and signed by the ters of controversy. Let’s wait until we If the manager of the bill, my friend President and sent to the Senate, they get to the floor.’’ from Texas, would respond, is it not found gold or they found oil or people The same thing happens in the full true that in this legislation, in his pro- wanted to settle on their lands. I am committee. Otherwise, we would still posed legislation, the States or tribal happy to say we did ratify some—370 of be in that room, S–126, debating this governments with significant numbers them. measure. of Indian households below the poverty History shows that we proceeded to Mr. President, I have no idea, be- line would receive 140 percent of what violate provisions in every single one cause the votes were not taken, but I they would otherwise receive? Is that a of them. The reasons are easy. When- have a feeling that if votes had been correct statement on my part, I ask ever this Nation was confronted with a taken in the full committee, the the Senator from Texas? choice of priorities—what is more im- Domenici amendment would have been Mr. GRAMM. That is a correct state- portant, U.S. attorneys or the plight of adopted. ment. States that have substantial In- the Indians—the Indians always came Mr. President, I hope my colleagues dian population will receive 140 percent out at the end. It never failed. will not place too much weight upon of what would be their normal alloca- That is the history of the United the statement that this was adopted by tion. This was the amendment offered States. So today, instead of owning the subcommittee and adopted by the in committee by Senator STEVENS, this land, they have dominion over 50 full committee. This is where the con- aimed specifically at dealing with this million acres. Last August, a few troversy is debated. This is where the problem. weeks ago, it was announced by the major decisions of the Appropriations Mr. McCAIN. Is it not true that this Labor Department that the unemploy- Committee are determined. is the first time that we have made ment rate of this land was 5.6 percent; Mr. President, I speak and I rise to this kind of special consideration for in Indian country, the average is over support the Domenici amendment. It native Americans, that would give 40 percent. In some of the reservations, fulfills our obligations as those who them as much as 140 percent of what it gets closer to 90 percent. It is a sorry followed our forefathers. I think it is they otherwise would receive? Is that a sight, but 13 percent of the families of about time we maintain and keep our correct statement? this land live in poverty below the pov- promises. Mr. GRAMM. That is correct. As far erty line; in Indian country, it is 51 The PRESIDING OFFICER. The as I am aware, this is the first time a percent, half of the families. In most Chair recognizes the Senator from Ari- special provision has ever been made instances, the only legal assistance zona. for Native Americans. available in Indian country is through Mr. McCAIN. First of all, I want to Mr. McCAIN. Is it also not true the this program, the legal services pro- thank the Senator from Hawaii for his tribes are block granted these funds gram. very powerful statement about condi- outside of any involvement on the part I am not speaking of $340 million. I tions in Indian country. It has been my of the State, which is in keeping with am not speaking of offsets. I am speak- great honor and privilege to work with the government-to-government rela- ing of $10 million. The Domenici him for many, many years on Native tionship that we are trying to achieve? amendment includes $10 million, a pro- American issues. I know of no greater Mr. GRAMM. It is true. In fact, the gram that has paid for the services of advocate for native Americans than my money goes directly to the tribe, by- 150 lawyers to deal with the problems dear friend from Hawaii. passing the State. of Indians throughout this land. There However, he and I have a very dif- are 33 legal service programs and they ferent view of the impact of the legisla- Mr. McCAIN. The Domenici amend- service 2 million Indians living on res- tion as proposed. I will ask my friend ment, as I understand it, strikes the ervations. from Texas in a minute to respond to a provision in section 120 of the bill we Without these resources, Mr. Presi- couple of questions. were just talking about; is that correct dent, these tribes and these Indians The fact is, in this present legisla- also? would have no access to legal assist- tion, we have for the first time carried Mr. GRAMM. That is correct. ance. I do not think any of my col- out the intent of the government-to- Mr. McCAIN. I have to say, in all due leagues would think for a moment that government relationship and respectful respect to my friend from Hawaii, my law firms would open up their branches tribal sovereignty which we have dear, dear friend from Hawaii, and my in a Hopi mesa or in some Pueblo sought for years. friend from New Mexico, why we would Tribe. I cannot think of any law firm This legislation, as crafted by the want to destroy what is clearly a very opening up their practices in Navajo Senator from Texas, provides for direct important step forward in this process, land. There they are almost always lo- block grants to tribal governments for it is something, frankly, I cannot sup- cated far away from the urban centers legal services on the same terms as port. I hope Senator DOMENICI will of this country. State governments. modify his amendment, would seek to Lawyers do not find it profitable to To me, that is a major and important modify his amendment to give 140 per- go to Indian country; 80 percent are un- step forward. The present legislation cent of present funding to areas where

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14601 Indian households, significant numbers the space station—a $100 billion pro- I had an extension of the Pine Tree of Indian households below the poverty gram. I think we can find better ways Legal Assistance operation in my law line, would receive those extra bene- of spending $100 billion—such as satis- firm because there were a lot of poor fits; that he would modify his amend- fying our research and development people who came to the door who sim- ment that would provide for direct needs in medicine—than to put it in a ply could not afford to pay the legal block granting. space station which is going to cost us fees, and I represented them. It is not so important to me, very more and more as our European part- But we are deluding ourselves if we frankly, how much money there is, ners decline to make their contribu- think we are going to see an expansion which is obviously one aspect that is tions. of these points of light, that many important. But, for us to filter these As the Senator from Texas has ar- thousands and tens of thousands of law moneys through the States, simply ticulated the issue, he said, basically, firms are going to undertake represen- does not work on any program. if you are for more prisons and pros- tation for all of the needs of the poor I urge my colleagues, who are inter- ecutors and taking drug addicts and or take on and fight the landlord-ten- ested in how this legislation treats na- pushers and terrorists off the streets, ant disputes. How many poor people tive Americans, to reject the Domenici then you will support him. But if you have complaints against the land- amendment. are in favor of protecting the poor or lords—slum lords, in many cases—of I yield the floor. providing legal services to the poor, if uninhabitable, rat-infested, asbestos The PRESIDING OFFICER. The you want to have that kind of a dichot- ridden residences. We say, ‘‘Well, tough Chair recognizes the Senator from Ha- omy, that kind of a balance, then you luck. You are poor. You do not get rep- waii. will support Senator DOMENICI. resentation.’’ Mr. INOUYE. Mr. President, if I may Really, it is a nice positioning on the The law firms are not going to give briefly comment on the statement just part of the Senator from Texas. But it you their youngest attorneys. They are made, the committee amendment con- seems to me that we have an obligation on corporate mergers now. That is a tributes funds to States on the basis of to provide poor people in this country higher priority at the law firm. They the census. Yes, it does say Indians with an opportunity to get to the say, ‘‘We have big mergers taking should get 140 percent more than other courthouse. It is something that every place. We do not have time to allow Americans. Under the present program, one of us enjoys. We can afford it. But you to engage in bringing a lawsuit to the program that is now in effect at in this bill, we are saying, ‘‘Poor, no protect people from uninhabitable con- this moment, Indians receive about 5 longer will you have a Legal Services ditions.’’ times what we in Washington, or New Corporation. We do not like this struc- Mr. President, I am not entirely sat- York, or Chicago receive. For obvious ture. It has a left-wing agenda. We do isfied with the Domenici amendment, reasons, Mr. President: 51 percent live not want any left-wing agenda.’’ But I as it places unprecedented restrictions in poverty; 80 percent are unemployed. submit, if we genuinely aspire to have on legal services organizations such as It should be 5 times. If we adopted the a system of ‘‘Equal Justice Under Maine’s Pine Tree Legal Assistance. committee amendment, it will not be 5 Law,’’ as it is written on the front of Unlike previous LSC legislation, this times; it will be less than 2 times. In the Supreme Court, then our neediest bill not only places restrictions on Fed- fact, the present scheme is not suffi- citizens must have access to that sys- eral funds, it also restricts how organi- cient but it is much, much better than tem. zations such as Pine Tree may spend what the committee amendment pro- The facts simply do not support the money received from State grants, poses. contention that legal services organi- State bar associations, and private do- So I hope my colleagues will support zations are promoting a left-wing agen- nations. This is a Federal mandate. We the Domenici amendment. da. About one-third of the cases in- are telling States like Maine that they The PRESIDING OFFICER. The volve family violence. We have a seri- cannot give grants to legal services or- Chair recognizes the Senator from ous problem in this country dealing ganizations to represent immigrants or Maine. with family violence. People are being pursue class action lawsuits. Mr. COHEN. Mr. President, I rise in abused. There are 52,000 clients seeking There are times, in my own State, support of the Domenici amendment. I protection from abusive spouses, who when State legislators ask legal serv- would like to address a comment made are represented by attorneys funded ices attorneys for advice about how by the Senator from Texas. I think he through the Legal Services Corpora- they should shape laws and regulations is exactly right. This is a matter about tion. There are 240,000 poor senior citi- to help out people in need. We cannot choices. We are called upon to make zens who are represented by legal serv- do that under the Domenici approach. choices each and every day in this ices attorneys. Tens of thousands are These attorneys cannot be called to Chamber. represented in landlord-tenant dis- testify before legislative hearings. When it comes to priorities, for ex- putes. Tens of thousands were assisted They cannot file class action suits. So ample, the Senator from Texas cited in applications for public benefits. But basically it is pretty restrictive. The requests from the FBI Director or from our answer is, ‘‘We do not want this amendment does not go as far as I the Clinton White House. If we look at structure anymore. We do not want a would like to see it go. the defense bill, the Clinton White Federal hand in this anymore. We want Let me provide one example. A num- House did not request money for the B– to turn this all back to the States.’’ ber of years ago there was a lapse in a 2 bomber. The Secretary of the Air By the way, you do not just turn a Federal program that provided assist- Force did not request money for the B– Federal program back to the States at ance for displaced workers. The Maine 2 bomber. Somehow, $500 million is no cost. Under the block grant pro- Legislature requested advice from Pine added for the B–2 bomber program, just posal, 50 separate States, with their Tree Legal Assistance to determine another downpayment on a $30 billion own bureaucracies, will have to admin- how the law could be changed to ensure project. That is a choice that has been ister the funds. And unless the Domen- that these workers could qualify for made. It does not apply to this par- ici amendment is passed, none of the State unemployment benefits. But ticular bill, but we make choices. funds can go to a legal services organi- under the amendment, Pine Tree would Would I rather see $500 million ap- zation; they can only go to individual have to remain silent; its expertise plied to other programs? Low-income lawyers. If you take away the Federal would be wasted. heating assistance? Assistance for the structure and you prohibit money from I am going to support the Domenici poor? Feeding programs for children? I going to established organizations amendment, however, because I believe would put my priority over there. But within the State, the funds must go to we have an obligation to see to it that soon we will be presented with a meas- individual attorneys. Then, eventually, poor people in this country have access ure that will add another $500 million you will find very little representation and keys to the courthouse. There is a to keep a program alive, a program the for the poor. major trial taking place right now Pentagon is not even requesting. ‘‘Let the private lawyers take care of which thankfully is coming to a close. So, we are faced with choices. I took this,’’ you say—pro bono work. I used Not many people in this country can the floor the other day in opposition to to do a lot of it myself. I used to think afford that kind of representation.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14602 CONGRESSIONAL RECORD — SENATE September 29, 1995 That is in a criminal case. I am talking tralization is the key to many of our I appreciate that no one approves of about the civil actions now. Not very problems—let the people in the com- every case that legal services under- many people in this country, especially munities make the decisions. Legal takes, but the proposed amendment those at the very lowest of the eco- Services does that now and this bill seeks to address some of the concerns nomic strata, can call up an attorney eliminates it. that people have raised regarding the and say, ‘‘Would you represent me Ninety-seven percent of the Corpora- scope of Legal Services activities. against this claim? Would you rep- tion’s funds are distributed directly to Some may think the restrictions in the resent me against my husband or organizations like Legal Action of Wis- amendment go too far, others, not far against my wife? I am being abused. I consin, Western Wisconsin Legal Serv- enough. However, we must not lose need help.’’ ‘‘Sorry. We do not have any ices, Wisconsin Judicare, and Legal sight of the fact that our goal should money to help you.’’ Services of Northeastern Wisconsin. be to maintain a system of legal rep- Mr. President, I hope my colleagues All of these local organizations know resentation for the poor that allows will support the Domenici amendment. and understand the needs of the poor them to avail themselves of the protec- Mr. FEINGOLD. Mr. President, I rise throughout the State of Wisconsin and tions of the American justice systems. today in support of the amendment of- are dedicated to addressing them. Protections that many of us, the fered by the Senators from New Mexico Under the present system, they make more fortunate in our society, may and South Carolina. This amendment the decisions, they set the priorities. take for granted. However, imagine the will allow continuation of legal serv- Not only does the language in the bill importance we all would place in these ices to low-income individuals. eliminate the decentralized system protections should they disappear or be The credibility of the American legal that exists today, it replaces it with a placed just beyond our grasp. And yet, system demands that all Americans, more onerous and traditional inside the language in this bill potentially regardless of their economic station in the beltway style bureaucracy. Under subjects millions of poor people in this life, have access to the courts. To put the proposed language, the Department Nation to just such a reality. the promise of justice beyond the reach of Justice would become the primary The amendment offered by the Sen- of a group of people because they can- grant administrator to the States. The ators from New Mexico and South not afford proper representation defies money no longer goes directly to the Carolina acknowledges the essential the notion of equal justice for all. providers, it goes to the States. The fact that we must preserve the access Since its inception in 1974, the Legal States in turn establish their own ad- of the poor in this Nation to the judici- Services Corporation has worked to ministrative structure to oversee and ary. This amendment allows this Na- provide equal access to the justice sys- administer the money to the local or- tion to move ahead toward equal jus- tem to a group of Americans which is ganizations, which ultimately provide tice for all, rather than retreat from sadly growing larger in number and in- legal services for the poor. These addi- creasingly disenfranchised from our this noble goal. Accordingly, I urge my tional layers of bureaucracy will in- democratic way of life. colleagues to support this amendment. An editorial in the Milwaukee Jour- crease administrative costs and result I ask unanimous consent that an ar- nal Sentinel recently noted that the in less money being available to help ticle in the July 19 edition of the Mil- Legal Services Corporation helps peo- the poor. waukee Journal Sentinel entitled ple in very basic, and important ways. If the goal of this body is to slow de- ‘‘Legal Services for Poor Need Protec- They help: livery of legal services to the poor and tion’’ be printed in the RECORD. to create more bureaucracy, then we There being no objection, the article . . . the child who needs health care, the elderly couple negotiating their way through should support the proposed block was ordered to be printed in the Medicare, the battered woman who needs grant. However, if the goal is, as it RECORD, as follows: help getting a divorce and child custody, the should be, to maintain a workable de- [From the Milwaukee Journal Sentinel, July victims of consumer fraud. livery system of legal services to the 19, 1995] I think we would all agree that these poor in this Nation, then the effi- LEGAL SERVICES FOR POOR NEED PROTECTION are all laudable goals. And yet, if you ciency, flexibility and the decentraliza- The Legal Services Corp., which gives the look at the language contained in H.R. tion of the current Corporation is the poor access to lawyers, has been fighting for 2067, you will see that the battered obvious choice. its survival this year as never before. The woman who needs help getting a di- Mr. President, we often hear about agency still stands. But in House action so vorce and child custody is foreclosed the need for private enterprise to pick far, its funding has been lopped by a third up where Government leaves off. The and major restrictions have been placed on from utilizing Legal Services for that its activities. purpose. What could be so controver- citizens of Wisconsin are very fortu- A weakened agency still does not satisfy sial about helping a battered woman nate to have a private bar dedicated to the extreme right, which has put, you might and her children out of a violent and ensuring legal representation to all say, a contract out on the organization. abusive situation? Nothing. And yet, people. I know that other Senators can Some congressmen are expected to try to the language contained in the bill cur- say the same of their home States. make good on that contract in House action rently being considered, prohibits the But we delude ourselves if we think this week. use of funds to obtain a divorce. these dedicated private attorneys alone House members most certainly must rebuff can meet the enormous needs of the this attempt to kill Legal Services, the However, Mr. President, this very major source of funds for Legal Action of troubling provision is but one example poor. I have been contacted by many Wisconsin. America will have no hope of of the shortsightedness of eliminating organizations from Wisconsin, all con- being a fair society if the poor lack reason- the Legal Services Corporation. Al- cerned about, and working to help, the able access to lawyers; justice simply won’t though it is not without its detractors, poor in our State. Each of these be served. the Legal Services Corporation pro- groups, be it the Wisconsin State Bar, We are not talking big bucks here, at least vides basic legal services to the poor of the Association for Women Lawyers, not by federal standards. The proposed budg- this Nation in an efficient, cost-effec- the Milwaukee Bar Association or any et for next year stands at $278 million, down of the others that contact me, knows from the current $415 million. Legal Action’s tive manner. share currently is $2.4 million. As has been noted many times, only that the elimination of the Legal Serv- Like its counterparts across the country, 3 percent of the total Legal Services ices Corporation will seriously hamper Legal Action of Wisconsin represents poor appropriation is used for administra- the ability of this Nation’s poor to ob- people in myriad civil cases—the child who tive purposes. The remainder is sent tain legal representation. needs health care, the elderly couple negoti- out to the various legal service organi- If we follow the committee language, ating their way through Medicare, the bat- zations throughout this Nation. Nine- and effectively exclude millions of poor tered woman who needs help getting a di- ty-seven percent of the Legal Services Americans from one of this Nation’s vorce and child custody, the victim of con- most important institutions—the jus- sumer fraud. Corporation’s funding goes directly to The firm doesn’t handle frivolous cases. local programs to address priorities es- tice system—we risk creating a society Most are settled without even going to tablished at the local level. where justice exists only for those court. And for want of staff Legal Action Throughout this Congress we have above the poverty line. Such a result is serves only a small share of those who need heard time and time again that decen- unacceptable. its help.

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14603 Though only a tiny fraction of Legal Ac- lars defending themselves against friv- ing for Minnesotans, this is the Min- tion’s work, class action lawsuits draw the olous nonexistent lawsuits. They have nesota ethic. Minnesotans believe in most attention because of their wide impact. extorted money from growers by equal protection under the law. Min- Far-right critics act as if federally financed threatening them with lawsuits unless nesotans believe that regardless of a law firms think up exotic challenges to the status quo just to promote a far-left agenda. they settle up—to the tune of $500 per person’s station in life he or she should But these legal challenges flow out of the nonexistent violation, per worker. be entitled to representation in our real needs of poor people. As the Senator from Maine talked court system. For instance, mothers complained to Legal about some of the people not having Mr. President, I will reluctantly sup- Action that because they couldn’t afford the money to sue and the need for legal port the Domenici amendment. To do child care, they were having a tough time services, what we are talking about otherwise is to have a proposal that getting training or education to get off wel- here are small people trying to make a will essentially eliminate what I would fare. Legal Action successfully sued the living defending themselves against state, forcing it to satisfy its obligation to call the heart and soul and integrity of the federal government to pay for child care legal services, and they do not have the the Legal Services in the United States for 4,000 parents. money to hire the lawyers either. of America. In that sense, I believe Unwisely, restrictions in the current House Even for a small family farmer with Senator DOMENICI has made an enor- bill would prevent such lawsuits in the fu- 10 acres or less of crop acreage, this mous contribution. But I have some se- ture. Class action suits against government can add up to tens of thousands of dol- rious misgivings about the Domenici and welfare mitigation would both be lars. For a small farmer, that can add amendment albeit, I admire what the banned. up to bankruptcy. And a bankrupt Senator from New Mexico is trying to The most immediate threat, however, is a farmer can not hire seasonal laborers move to kill Legal Services altogether. Fair- accomplish. I believe he has made a ness demands that the House turn it back. or anybody else. real contribution toward fairness in In recent years, North Carolina our country through his amendment. Mr. FAIRCLOTH addressed the produce farmers have been a target of But by the same token, this is a very Chair. Legal Services attempt to destroy the steep price we will pay for rescuing The PRESIDING OFFICER. The Department of Labor’s H2A Program, Legal Services. There is a price for Chair recognizes the Senator from which brings in temporary foreign agreeing to the restrictions in the North Carolina. workers to harvest crops for farmers Domenici amendment. Mr. FAIRCLOTH. Mr. President, who cannot find enough domestic Mr. President, we had this debate be- thank you. workers. Mr. President, I want to commend fore in this Chamber last Congress. A But Legal Services have harassed debate that I was very active in. It was the Senator from Texas for his leader- these people to the extent that the pro- ship and what he has done to make the a debate with my colleague from gram is no longer functioning. This Texas, as a matter of fact. changes in the Legal Services Corpora- program is designed to help farmers tion. When you have a restriction that and workers. But they have been har- says you are going to have a prohibi- Mr. President, House and Senate con- assed by the Legal Services so often ferees are expected to begin meeting tion on welfare reform litigation, then that they have simply stopped using it I would ask the following question: Has soon to consider welfare reform legisla- or the farmers have been put out of tion. I sincerely hope that the con- this just become a kind of mean season business. on the poor of this country? ference report contains illegitimacy Legal Services is nothing more than Mr. President, we are talking about provisions like a family cap and a re- an entitlement program for activist children. The most vulnerable mem- striction on cash benefits to unwed lawyers. We simply subsidize them and bers of our society. Not too long ago we minor mothers. pay them. made a profound mistake in agreeing But no matter how strong the welfare My colleague and friend from Texas, to the so-called welfare reform meas- conference report turns out to be, it Senator GRAMM, has a reasonable and ure that passed this body. At that will not succeed in ending welfare de- innovative block grant solution which time, I think Senator MOYNIHAN said it pendency unless we also reform the I strongly support. I personally would better than anyone. He essentially said Legal Services Corporation, the agency feel better to end the disastrous pro- that for the first time in over a half a which has for years furnished the rope gram of Legal Services altogether. But century, we as the U.S. Senate, will to hang welfare reform efforts in the we cannot do that. States. Therefore, I oppose adamantly the say there will be no floor beneath For example, the State of New Jersey amendment by the Senator from New which children could fall. was granted a waiver in 1992 by the Mexico, and I urge my colleagues to do Mr. President, you and I have had a U.S. Department of Health and Human the same and to support the Senator debate on this issue. It has been an Services to institute a family cap pro- from Texas. He is doing what needs to honest difference of opinion. But if we vision denying an increase in welfare be done. are going to say that, and we are also benefits for women who have more Mr. President, I yield the floor. going to say there is no kind of na- children while already receiving wel- Mr. WELLSTONE addressed the tional community commitment, no fare. Chair. sort of obligation, responsibility or The Legal Services Corporation sued The PRESIDING OFFICER (Mr. standard in relation to nutrition, in re- the New Jersey Department of Human GRAMS). The Chair recognizes the Sen- lation to making sure that every child Services to challenge the family cap. ator from Minnesota. at least has an adequate diet, that in Rightly, the U.S. District Court de- Mr. WELLSTONE. Thank you, Mr. and of itself I think is a turning back cided that it is perfectly legitimate for President. of the clock, away from the very best the State of New Jersey to implement Mr. President, I agree with my col- of this country, because I think it will a family cap. league from Maine, Senator COHEN. be more children are going to go hun- But they had to defend it against the Mr. President, what is at issue here, gry and more children are going to be Legal Services Corporation. when all is said and done, is whether or impoverished. Welfare reform is not the only arena not we as a nation are going to support Now what we have is a restriction where Legal Services attorneys have the idea that each and every person, re- that says in addition to no national defied common sense and hurt the very gardless of their income, is going to re- standard, no floor, there will be restric- people whose interests they claim to ceive equal protection under the law. tions on Legal Services lawyers who represent and have sued the people who That is really what having a Legal rightfully want to challenge any of the are paying them. Services Corporation is all about. En- laws or practices that are called wel- In my own State of North Carolina, suring that people are treated equally fare reform. in a pattern that is repeated all over under the law. Not just the wealthy How can we argue that Legal Serv- the country, Legal Services attorneys but, everyone. ices lawyers will not be able to issue have caused growers who employ sea- Mr. President, this is in the very best any challenges when we do not know sonal workers to lose millions of dol- of the tradition of our country. Speak- exactly what is going to happen back

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14604 CONGRESSIONAL RECORD — SENATE September 29, 1995 in the States and back at the county posal will be voted down. I think the seek redress of grievances, do not see a level. Domenici amendment will pass, and it system through which there is an op- There are all kinds of examples. Sup- should because the whole idea of equal portunity for them working within our pose, for example—I had an amendment protection under the law is an idea system in a nonviolent way to improve which dealt with the whole issue of do- that fires the imagination of Ameri- their lives, it creates an enormous vac- mestic violence—you have a woman cans. This about basic fairness and jus- uum. who has been battered. Imagine what it tice. I will tell you what fills that vacu- would be like if you had been battered What I worry about as I look at these um. I have been to a lot of these com- steadily for 2 years. You have two restrictions, whether it be welfare or munities. What fills that vacuum is the small children, and you are told you go whether it be a broad definition of lob- politics of despair, the politics of cyni- into a work program or you lose your bying, or whether it be advocacy or no cism, and all too often the politics of assistance. Suppose she could not be- class action lawsuits, is that I believe hatred. cause she had not healed; she is not we are heading in the wrong direction Mr. President, the Gramm approach ready to work physically or mentally. because ultimately what this debate is is to extreme; it goes too far. What the Under these draconian restrictions a about—is about power and powerless- Senator from Texas has done is to belie woman would not be able to receive ness in America. And if you are going the best of America. Senator DOMENICI Legal Services representation to chal- to say that, yes, there will be funding is right with his amendment. But as to lenge this particular restriction. Where for Legal Services but we will so se- the restrictions in the Domenici is the fairness in that? Is this just? I verely restrict what you can do that amendment, I hope later on as we move submit to my esteemed colleagues, those who are powerless do not have forward on legal services, we will be that this is not justice and it is not the ability to challenge some of the able to have a good discussion and we fair. powerful institutions in America, then will be able to make the kinds of Mr. President, this strikes me as just we just deepen all of the inequalities. changes that will provide poor people being a mean season on the poor. Sen- Hospitals are supposed to take care in America with strong legal represen- ator DOMENICI has made a real con- of sick people. Welfare agencies are tation. tribution because he is attempting to supposed to be concerned about the Just because you are poor does not make sure we do not pass any extreme welfare of the people they serve. mean you should not be able to chal- proposals, which is I believe the Schools are supposed to educate chil- lenge those who have the power in Gramm proposal is about. But these re- dren, all children. Housing agencies are America. Just because you are poor or strictions trouble me, and these re- supposed to be concerned about hous- just because you are living in a poor strictions should not be the price peo- ing, housing for all people. It is written community or just because you are a ple pay to receive the most basic legal somewhere that just because you are whole community that is denied a representation to protect their rights. poor, you do not get adequate represen- voice or just because you are a whole I hope that when it comes to author- tation. community that does not have the ization we will have a debate, and we Are we now saying that a whole power, does not mean you should not will be able to come up with constric- group of citizens in America, dispropor- be entitled to some legal services law- tive solutions to some of these prob- tionately women, disproportionately yers that can work with you. It should lems. children, are no longer going to have not mean you cannot be entitled to Mr. President, what happens if a access to lawyers who can challenge challenge the policies and practices mother is told she has to work but be- some of those discriminatory policies? that discriminate against your fami- cause of a prior work experience she I will tell you what this is going to lies, that hold your families down, that has a bad back? People quite often do, Mr. President. It is going to breed lead to inadequate housing, that lead think it is an excuse—she has a herni- contempt for our legal system among to your children not having an ade- ated disk, and she cannot do the kind the very citizens we do not want to see quate education, that lead to health of physical work she used to do. She have that contempt. care institutions that sometimes do says I can no longer perform this type We have young people who are grow- not take care of you. of work, or there is no one to take care ing up in communities across our coun- You should be able to challenge those of my small children, and she might be try, in more brutal circumstances and policies and practices. You should be cut off. She has no legal representa- conditions than any of us want to able to challenge those institutions. tion? admit. I think the Senator from Ha- That is the best of America. That is What happens if we go back to what waii, [Mr. INOUYE], has probably been equal justice under the law. With these used to be the man-in-the-house rule, the champion for people in Indian restrictions, that is not going to hap- and it is decided at the county level country. He knows their condition bet- pen. So, Mr. President, to conclude, I that a woman who is single now, has ter than maybe any other Senators will not cosponsor the Domenici been through a divorce, and a male here. amendment because of the restrictions, friend visits her one day, and somebody If we have young people growing up but I certainly will vote for it. is there from the welfare department in more brutal circumstances than any I think the Senator from New Mex- who determines she should be cut off of us want to face up to, and we are ico, my friend, is making a real con- because there is a man in her house now going to severely restrict what tribution: A little more fairness, a lit- that can support her. Will she have Legal Services lawyers can do, we are tle more justice, a little more compas- legal representation to challenge this just going to breed contempt on the sion, a little bit more of what is right kind of determination? No. part of those young people in this sys- in America. I do not know how we can have this tem. They are going to see no way that My God, Mr. President is this the kind of restriction when we do not even they can seek redress of grievances mean season on the poor? I hope when know how it is going to be at the State through our system; they are going to it comes to authorization, we will be and local level. What if it is repressive? see a legal system they are not going able to look at these restrictions and What if it is harsh? What if it is de- to believe in; they are going to see a we will be able to make the kinds of grading? What if it violates the Con- political system they are not going to changes that will lead to legal services, stitution of the United States of Amer- believe in; they are going to see a na- and will provide people in this country, ica? Are we saying a whole group of tion that they believe betrays the very poor people, whether they live in urban citizens, which, by the way, are women idea of equal justice under the law. America or rural America or suburban and children, are not going to have Where do you think that is going to America, with equal protection under legal representation? take us? the law. That is what this amendment Mr. President, the Gramm proposal When young people growing up in is all about. goes beyond the goodness of America. poverty, growing up in impoverished I yield the floor. The Gramm proposal to essentially gut communities, growing up under brutal Mr. STEVENS. Mr. President, I sup- legal services goes beyond the goodness circumstances do not see any way port the Domenici-Hollings amend- of Minnesota. I believe the Gramm pro- through the legal system that they can ment restoring funding for the Legal

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14605 Services Corporation. This amendment portant, legal needs is shunted aside by comments of our former colleague, will ensure that poor people in under- Legal Services lawyers in search of Gov. Lawton Chiles. I ask unanimous served ares continue to get legal ad- sexy issues and deep pockets. And in consent that the following letter from vice. The Domenici-Hollings amend- some cases the agenda of helping the Governor Chiles, which questions the ment contains important restrictions poor as a class has perpetuated and wisdom of transforming the Legal on the use of funds by the Legal Serv- deepened the worst aspects of a welfare Services Corporation into a block ices Corporation. These restrictions, state that has utterly failed poor grant, be printed in the CONGRESSIONAL which were also supported by the Americans. RECORD. House, are necessary to ensure that Second, this twisting of the original There being no objection, the letter abuses that have occurred in the past purpose of the Legal Services Corpora- was ordered to be printed in the do not continue. The funding that is tion is antidemocratic. In most cases, RECORD, as follows: provided under this amendment can what passes as a class action lawsuit— OFFICE OF THE GOVERNOR not be used for things like class ac- whether it addresses welfare benefits, Tallahassee, FL, September 14, 1995. tions, lobbying, or representing illegal or employer-employee relations—is Hon. BOB GRAHAM, aliens. These restrictions are to ensure nothing more than a policy dispute U.S. Congress, Hart Senate Office Building, that funding is used to provide the tra- that should be, and often has been, the Washington, DC. DEAR SENATOR GRAHAM: I am writing to in- ditional legal services that are most subject of the legislative process. To form you of my position on the Legal Aid needed by poor people. subvert the legal system in order to Block Grant Act of 1995 contained in the I want to thank the Senator from overturn legislative judgments is fun- State, Justice, Commerce Appropriations New Mexico and his staff for accommo- damentally at odds with our system of bill (HR 2076) which would provide that funds dating the special needs of Native government. in FY 1996 for the legal services organiza- Americans and those in areas like How did this happen? A lack of ac- tions be routed through the governor’s office Alaska where travel to remote villages countability. The very structure of the of distribution. Legal Services Corporation has pro- First, I urge you to consider the efficiency increases costs. Last year the Alaska of the current system. Only 3% of the funds Legal Services Corporation success- duced this result. Although the Cor- which are allocated are spent on overhead, fully completed 4,629 cases. In most poration has an 11-member board, the and the remainder reaches the direct deliv- cases the people who the Corporation reality is that money flows to over 300 ery system in the states. This efficiency represented had no where else to turn local nonprofit groups with attorneys would be difficult to duplicate at the state for legal advice because they could not accountable to no one. This is not an level, especially as we will have to invent a afford to hire an attorney. accident. With the best of intentions, delivery system at a time of fiscal change. The poor people in my State—and the idea was that the Corporation Second, after a review of this matter and its implications for State government re- across America—need the help of the should be insulated from political pres- sponsibility, I have determined that the bur- Legal Services Corporation. I urge my sures. But this laudable goal was taken den to Florida is great and that there is no colleagues to support this amendment. too far. Laws addressing the misappro- increased benefit to the state in channeling Mr. DOLE. Mr. President, there are priation of Federal funds, for example, such funds through this office. few examples that better illustrate the are not even applicable to the Corpora- In summary, I am asking you to vote case of good intentions gone awry than tion under the terms of the act cre- against a block grant proposal for legal serv- the Legal Services Corporation. ating it. ices. As usual, I appreciate your efforts to Created in 1974 to relieve the burden Thus, this is not a case of passing achieve fiscal responsibility while providing for the needs of our less fortunate citizens. of an expensive legal system for poor more laws and creating an increasingly With kind regards, I am Americans, the Legal Services Cor- complex regime to govern the oper- Sincerely, poration has become in many instances ation of the Legal Services Corpora- LAWTON CHILES. the instrument for bullying ordinary tion. The problem cannot be papered Mr. BIDEN. Mr. President, I stand Americans to satisfy a liberal agenda over. The problem flows from the here to pledge my support for the that has been repeatedly rejected by present structure of how we provide amendment offered by my colleague, the voters. legal services to the poor. Senator DOMENICI, which preserves the Mr. President, I wish to make clear The time has come to end this abuse Legal Services Corporation. at the outset that I support efforts to of the legal process and return to the This organization has been both effi- help low-income Americans by ensur- original purpose—providing the means cient and effective in providing legal ing that they are not shut off from to help the poorest among us to cope services to the poor, so that those who legal redress, especially where impor- with their genuine and individual legal are most vulnerable in our society have tant constitutional rights are con- needs. access to the courts, not just those who cerned. And I also have no doubt that I am committed to providing some can afford it. the existing legal services framework mechanism that provides legal assist- Contrary to the rhetoric of some of has produced good programs and em- ance to the impoverished among us. my colleagues who oppose the Domen- ploys good people who are devoted to But in this, as in so many other areas, ici amendment, the vast majority of providing the very best representation it is time to return power and responsi- cases handled by the Legal Services to those who otherwise could not afford bility back to where it belongs—the Corporation are not controversial— it. States. Supporters of the present Legal they are individual cases arising out of But as the Washington Post noted on Services framework will undoubtedly everyday unfortunate problems—losing September 18, 1995, the model of pro- claim that the poor will suffer. I be- a job, suffering a serious illness, facing viding legal services to the poor has be- lieve that is wrong. The legislation be- the breakdown of family relations of come twisted into something ‘‘more fore us provides a responsible response simply dealing with Government red- ambitious: a powerful network of pov- to the legitimate legal needs of the tape. erty lawyers funded by Washington and poor—a block grant program that can As someone who has long sought to backed up by university-based centers be run by those closest to the needs of do what I could do to prevent and to of expertise, that would help not just their citizens and implemented with fight against family violence, I am individual clients but ‘the poor’ as a the appropriate safeguards that have most grateful for the help that the whole.’’ heretofore eluded the Federal Govern- Legal Services Corporation provides to There are two points to be made ment. victims of family violence. about this outcome: First, despite Mr. President, I urge my colleagues In fact, representation of victims of many dedicated lawyers who have un- to support repeal of the Legal Services family violence is the single largest doubtedly helped poor clients through Corporation Act. category of cases handled by local legal Legal Services grants, the inevitable Mr. GRAHAM. Mr. President, as we services programs—accounting for one result of this shift in focus has been to enter into the debate as to whether we out of every three cases processed last hurt those whom the Corporation was should convert yet another Federal year. created to help. The impoverished indi- program into a block grant, it would In 1994 alone—the year we passed the vidual who has run-of-the-mill, but im- behoove us to consider fully the wise Violence Against Women Act—local

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14606 CONGRESSIONAL RECORD — SENATE September 29, 1995 legal services programs handled more place—it is the most cost efficient way Mr. LAUTENBERG. Mr. President, I than 50,000 cases in which women to allow the poor to have access to our rise in support of this amendment to sought legal protection from abusive legal system. If the goal of a block increase funding for legal services, and husbands, and over 9,000 cases involv- grant is to allow local control and to retain the Legal Services Corpora- ing neglected and abused children. flexibility, then the Legal Services tion. This amendment places a number of Corporation is already accomplishing Mr. President, the debate over this prohibitions on the Legal Services Cor- this objective. bill, when you get right down to it, is poration, but keeps this much-needed Mr. President, this particular system a debate about priorities. organization intact, enabling it to con- is not broken. The Legal Services Cor- And in my view, little is more impor- tinue to provide traditional legal serv- poration uses only 3 percent of its tant than ensuring that all Americans ices to those who desperately need budget towards administrative ex- have access to justice. them. penses. The decision making is divided After all, the principle of ‘‘Equal Jus- I hope all of my colleagues will join among those with knowledge in pov- tice Under Law’’ is at the heart of our me in supporting Senator DOMENICI’S erty law. Currently, the mid-level bu- democratic system. Every American is amendment. reaucracy is eliminated because grants supposed to have the same legal rights. Mr. BINGAMAN. Mr. President, I do not have to be approved by State or No matter their race. No matter their speak on behalf of the Legal Services local governments. religion. No matter whether they are Corporation. In essence, this appropriations bill is rich or poor. In my home State of New Mexico, the placing the burden on the shoulders of Today’s Legal Services Corporation Legal Services Corporation has a prov- those who are not represented in this helps make this principle a reality. en track record. Without this program, debate, the poor, and I urge my col- It protects victims of domestic vio- there are few alternatives if any for the leagues to restore the Legal Service lence. poor to have access to the legal sys- Corporation. It defends senior citizens and vet- tem. Many of the people who benefit Mr. ROTH. Mr. President I would like erans against bureaucrats who arbi- from Legal Services were once consid- to inquire of the Senator from New trarily deny them benefits. ered part of the middle class. However, Mexico as to the intent of his amend- It forces landlords to follow the law as a result of unemployment, illness, ment with regard to the International in eviction procedures. It stops nursing homes from dumping divorce or aging, these people are now Trade Commission. patients who have become expensive or left without the means to afford a pri- Mr. DOMENICI. As my colleagues know, I intended this amendment to be difficult to serve. vate attorney. Some of the people who It helps the mentally ill and disabled are helped by this program are: the the first amendment before the Senate. I intended for some weeks to offer an get the benefits to which they are enti- senior citizen living on social security amendment to retain the Legal Serv- tled. in rural New Mexico who is a victim of ices Corporation and to provide it with And it helps ensure that Constitu- a consumer fraud scam; the disabled adequate funding to continue providing tional rights are real for all Americans, veteran who has had VA health bene- legal assistance to those who could whether or not they can afford their fits denied; the woman who has chil- otherwise not afford it. own lawyer. dren and is trying to escape form an That amendment was drafted to the Mr. President, the need for legal abusive relationship. bill reported by the Appropriations services among low-income people is There are many reasons to vote Committee. intense. Over 50 million Americans are against the block grant approach Last night the distinguished full living near the poverty level, and po- adopted by the appropriations com- committee chairman filed a realloca- tentially eligible for legal services. One mittee. By eliminating the Legal Serv- tion of funding to the subcommittee, of every four children under six lives in ices Corporation, a new bureaucracy is and the Senate adopted an amendment poverty. created because States now have to set to restore some $400 million to various For people like these, Mr. President, up administrative structures to fund programs in the bill including $4 mil- legal services can mean access to crit- and oversee legal services programs. lion for the ITC. ical support from an absent parent. It This new bureaucracy with higher ad- This amendment made significant can mean a decent home to live in. Ac- ministrative costs will soak up much changes to the bill as reported, and cess to health care. Access to edu- needed resources. Further, the block thus affected the amendment that I am cation. Or escape from a violent home. grant proposal limits legal representa- offering with other Senators. Despite these critical needs, Mr. tion to the ‘‘most basic needs.’’ For ex- I would like to clarify that the inten- President, 70 percent of our country’s ample: tion of the Domenici amendment is to least fortunate lack access to any legal A person may still be represented in take a reduction in the International services. One reason is that the number an eviction case; there will still be Trade Commission [ITC] by $4 million of legal services attorneys has been cut services available to probate a will; in from the level approved in the man- by one-third since 1981. cases of child abuse; in seeking a pro- agers amendment rather than from the A recent survey found that, on aver- tective order; file a petition for bank- level of funding reported in the origi- age, legal services programs turned ruptcy; a quiet title action. nal bill. away 43 percent of eligible individuals However, the question becomes: Are It is not my intention to reduce the because they lacked sufficient re- these the only legal services that the ITC by 30 percent as some may assume sources. For some programs, the rate poor seek? Obviously, the answer is no. from a literal reading of the amend- was as high as 60 percent. Other possibilities have been prohib- ment. Mr. President, given these shortfalls, ited by the block grant and that is the I understand the concerns of some of we ought to be increasing funding for heart of the problem with this appro- my colleagues over the use of the ITC legal services, not cutting it. Yet the priations bill. Here are some types of funding as an offset. As a conferee on bill approved by the Appropriations things that will not be permitted under the bill, I will work with Chairman Committee would cut funding from the block grant: assistance in a divorce HATFIELD to sustain a level of funding legal services from $400 million to $210 (applies to abusive situations); abor- that will be adequate to support the million. That, in my view, would be an tion; applying for veterans benefits; ob- work of the International Trade Com- outrage. taining home ownership; credit access; mission. This amendment would increase that Indian/Tribal Law issues; paternity; Mr. ROTH. I appreciate the clarifica- level to $340 million. That does not go adoption; rights of the physically dis- tion from my distinguished colleague far enough, and would leave the Legal abled; and consumer-related law (elder- from New Mexico. I am greatly con- Services Corporation with a significant ly scams). cerned about the impact of the pro- cut. Still, it is a big improvement. And, There are many reasons to support posed appropriations reductions on the from all indications, it is the best we the Legal Services Corporation, but the ITC. I hope the conferees will provide can do for now. primary one remains the reason this the maximum level of funding possible I also want to express my concern program was created in the first for the ITC in the final bill. about the restrictions on legal service

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14607 lawyers that are included in this Texas Rural Legal Aid by reducing iting a legal services defense. We deal amendment. For example, the amend- their funds, the Texas Rural Legal Aid only with drugs, not with guns, and not ment would prohibit LSC lawyers from sued the Legal Services Corporation. with violence. But I think, again, when pursuing class action suits. I think As a result, funds continued to be pro- you start looking at each one of these that is a mistake. If a group of poor vided to the Texas Rural Legal Aid for things, you find how very difficult it is people are harmed by wrongful con- the remainder of the Bush administra- to enforce these provisions, so long as duct, why should each person have to tion, when the new Clinton board was there is a governing entity that basi- pursue a remedy individually? That seated, they settled the case out of cally wants the Legal Services Cor- only increases litigation, increases court. poration to do these things. costs, and makes it more difficult for So here is a perfect case in point I think these are very real concerns, poor people to get justice. I do not where there has been a violation of a and I think that these are concerns think it makes sense. restriction on legal services funding. that need to be dealt with. But having said that, Mr. President, I They clearly violated the rules in 1990, Finally, I just want to make note, I realize that many of my colleagues feel and when the Legal Services Board, ap- did not mention it before, and not that strongly about this and other restric- pointed by President Bush, tried to I expect that anybody is going to be tions. And it appears that at least step in and penalize them for violating greatly moved by it, but when we many of these restrictions are nec- the rules they went to court and con- adopted a budget in the Senate and in essary to ensure that the program as a tinued to receive funds. Then the Clin- the House we called for Legal Services whole is supported and funded. ton Legal Services Board settled the Corporation funding at $278 million. So, in conclusion, I want to commend case out of court. The Domenici amendment would raise Senator DOMENICI for taking the lead That is a perfect example of where we that funding level to $340 million. in this area, and I would urge my col- already have the restriction and, yet, While it is not technically a violation leagues to support the amendment. The with a Federal bureaucratic overlay on of our budget, it is interesting to note Legal Services Corporation deserves this program, we are unable to enforce that we are being called upon here to our support. Because each and every the intent of Congress. cut Federal prosecutors, to reduce Fed- American deserves access to justice. A second provision I look at is a pro- eral courts, to reduce funding for U.S. Mr. INOUYE. Mr. President, I suggest hibition against legislative lobbying, attorneys, to reduce FBI funding for the absence of a quorum. but there is a major loophole in the construction at the FBI Academy in The PRESIDING OFFICER. The ab- Domenici amendment on this issue as order to fund a level for the Legal sence of a quorum has been suggested. well. The major loophole is subsection Services Corporation which is above The clerk will call the roll. 14(b) where funds are allowed to be the level which was called for in the The bill clerk proceeded to call the used to lobby for more money and for budget that was adopted in the U.S. roll. fewer restrictions. I am not sure what Senate. Mr. GRAMM. Mr. President, I ask else they would lobby for, but I think I yield the floor. unanimous consent that the order for that is exactly what most people have Mr. DOMENICI addressed the Chair. the quorum call be rescinded. in mind when you say that you are lim- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without iting their ability to lobby. If they can ator from New Mexico. objection, it is so ordered. lobby to get more money and to get Mr. DOMENICI. Mr. President, might Mr. GRAMM. Mr. President, I have fewer restrictions, then they are clear- I ask the Senator from Texas a ques- had an opportunity now to review some ly free to lobby. tion, just from the standpoint of those of the restrictions on the Federal Legal The Domenici amendment has a re- who have other amendments and those Services Corporation and its national quirement that there be timekeeping, who are calling and asking me as to bureaucracy that would be imposed that there be separate accounting, that where we are. I think we have had a under the Domenici amendment. there be monitoring, that there be no good debate. I compliment him on the As I said earlier, I believe these pro- attorney-client waiver. And yet, rou- quality of his debate, and I wonder if visions are far less restrictive than tinely, these provisions are cir- there is any thought that he might those that are in the bill, but there are cumvented from monitoring on the have as to when we might vote. It does several that I want to comment on and, grounds of the attorney-client privi- not matter to me. Last night, I indi- I think, in commenting really make lege. I think it is a legitimate concern cated a genuine interest in voting the point that as long as you have this of whether we are going to be able quickly. Frankly, if we do not want to national superstructure, you are not overcome the assertion of that privi- get a bill, that is up to the Senator going to curb these abuses. lege when the Legal Services Corpora- from Texas. One of the restrictions in the Domen- tion does not want to abide by the Mr. GRAMM. Let me say to the Sen- ici amendment is to limit the ability of rules and when its client does not want ator, it is my understanding that Sen- the Legal Services Corporation to file to abide by the rules. I would like to ator KENNEDY and Senator LAUTENBERG lawsuits that have to do with redis- have some assurances that, in fact, the are on their way here to speak on be- tricting; that is, lawsuits that have to rule is going to be abided by. half of the bill. do with deciding where lines are drawn Another major problem has to do Let me call those who have suggested in terms of State legislatures and in with public housing. In the list of abu- to me that they might be interested, terms of congressional redistricting. sive cases by Legal Services Corpora- and it may well be at that point that The only problem with this restric- tion, probably no list is longer of those we could reach a determination as to tion is it is already the law of the land. that I had included in the RECORD than whether I want to make a motion or We currently have a ban on the ability the list of cases that involves public whether I just simply want to have a of Legal Services Corporation to en- housing. vote. gage in lawsuits that relate to rep- The Domenici amendment would pro- Mr. President, I suggest the absence resentation and to redistricting in leg- hibit legal services from defending a of a quorum. islatures and in Congress. But a perfect tenant who was charged with drug vio- Mr. DOMENICI. Can we withhold on example of how this fails is that this lations. But I want to remind my col- that? restriction was in place in 1990 when leagues that often the tenant who has The PRESIDING OFFICER. Will the the Texas Rural Legal Aid, which is the contract with the public housing Senator from Texas withhold? funded by the Legal Services Corpora- project is not the person who is Mr. GRAMM. I will be happy to with- tion, challenged a redistricting plan in charged. Often, they are simply abet- hold. Texas in that year, in what the Bush ting the crime by allowing a friend or The PRESIDING OFFICER. The Sen- administration saw as a violation of children to use their unit of public ator from New Mexico. the congressional prohibition on law- housing for that purpose. Mr. DOMENICI. Mr. President, I just suits involving redistricting. As I read the amendment, if they are want to read one more time and make When the Bush-appointed Legal Serv- charged with shooting and killing one more observation, there is no ices Board attempted to discipline the someone, there is no provision prohib- doubt that the principal concern about

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14608 CONGRESSIONAL RECORD — SENATE September 29, 1995 the Legal Services Corporation has breach the cap, go over the total downhill since then, to district attor- been class action lawsuits, lobbying, amount allowed, is it subject to the ney and U.S. Senator. But that was a soliciting work, and a number of budget resolution, which is seeking not real experience for me to see the im- issues, and I will go through a list in a specificity but overall control. portance of legal representation. minute. So, indeed, if one were to talk about Now we have legal services. The first But I want to remind everyone again, legal services being somewhat higher year I was here in 1981, there was an ef- we have never been able to literally than the assumption, one could also fort to reduce the funding to $100,000, write all of these prohibitions into the say that almost all of the Justice De- which would have been grossly inad- law. partment and the anticrime measures equate. Senators Rudman, DOMENICI, Again, I want everyone to know the in the bill are higher than the budget and a few of us stood up, and my recol- reason for the prohibitions is because resolution. In that context, tech- lection is that we had $261,000 for com- legal services, when it was founded by nically, they are doing much the same munity legal services in that year. Richard Nixon in association with the thing, letting the appropriators seek Last year, we had a battle on the floor American Bar, intended this to rep- what they think is the appropriate of the U.S. Senate when there was an resent individual poor people in indi- level. So I think everybody should effort to limit community legal serv- vidual cases, not to represent a class of know on the up side and the down side ices from representing people in wel- poor people suing a welfare agency or of funding, that goes on in every appro- fare reform cases, because the commu- suing a legislature or suing the farmers priations bill. It does not violate the nity legal services had gotten into a as a class. budget, so long as you do not breach New Jersey case over welfare reform. It We have never been able to put those the overall budget target. seemed to me unthinkable to limit kinds of prohibitions into law because I yield the floor. community legal services from partici- we never had agreement between the Mr. SPECTER addressed the Chair. pating in representing poor people in House and the Senate. So I want every- The PRESIDING OFFICER. The Sen- challenging Federal or State laws. Now one to know that, with few exceptions, ator from Pennsylvania. we have just gone through welfare re- the House has already agreed to the Mr. SPECTER. Mr. President, I sup- form in this body, dealing with matters same kind of prohibitions that are in port the amendment offered by my dis- which are tremendously complicated this bill. The House does not block tinguished colleague from New Mexico. and have raised very many important grant this in their appropriations bill. I do so after having had considerable legal issues. And you have to have rep- They have funded it. experience as a lawyer. I think I under- resentation for the poor in America. It So with reference to the House, the stand the need for representation of is something we ought to be doing. The only difference is that we seek to add the poor in America on many of the amount of money involved, in compari- some money so that this program gets complex legal issues and problems son to the scope of the problem, is cut 15 percent, which we think, in com- which they face. minimal. parison to other things, is clearly fair, My first exposure to representation Senator DOMENICI is the leading ex- and we put the same prohibitions and of the poor came as a volunteer de- pert on the budget. I cite him all the some additional ones in. fender when I was a year and a half out time, and I have great confidence in So if this bill ever gets signed into of law school. That was before the Gid- our glidepath for a balanced budget, be- law, and unless it does, there will be no eon versus Wainwright case, which es- cause Senator DOMENICI is a man I have funding unless we have an ongoing con- tablished a constitutional right for de- seen operate for over 6 years as chair- tinuing resolution for the whole year, fendants to have lawyers in criminal man of the Budget Committee, from and it will be close to last year’s proceedings. It is unthinkable in 1995 1981 through 1986 and again this year. level—10, 15 percent like we have. If a that there was ever a time when some- These dollars for legal services are bill is going to come out and get one would be ‘‘haled into court,’’ as very, very well spent. signed, it is going to have these prohi- Justice Black put it, and not have an I, frankly, have some concerns about bitions and, once and for all, that is attorney represent him when his lib- the limitations which are present in going to be the law. erty was at stake. But there was a day, this bill. I talked to Senator DOMENICI Having said that, just a budget re- and I was a year and a half out of law about them, especially the limitations mark because my friend from Texas school and at a big Philadelphia law on the use of non-Federal funds, and I said it right. He said, technically, that firm. There was an enormous backlog know that this is a compromise to try this bill calls for more money than the of criminal cases, and people were held to get the extra funding, to have some budget resolution. I would not want at detention at the Montgomery Coun- limitations. I have grave reservations anybody to think that is a rare excep- ty prison. I went over for a month to about these limitations. But I do know tion around here either. Frankly, what represent indigent criminals in the this—even with the money which is is really binding is the total amount of courts of Philadelphia. left, this is not enough to handle indi- the dollars. If we were able to write in It was a real eye-opener for me in vidual cases where individuals need the budget resolution and designate many, many ways. The first way was to representation on complex legal mat- the funding level for every program, learn that these people had nobody to ters. then there would be no need for annual represent them in a courtroom. They I have tried to hold my comments to appropriations. The appropriators were faced with two counts of rape, a few moments in the hope that we could go out of existence. Some might four burglaries, and I was a year and a may act on this amendment. I do not say that is a good idea. I know the oc- half out of law school, and I was better think any souls are going to be saved cupant of the chair is wondering, and I than nothing, but barely, under those or any votes are going to be changed on also believe we ought to appropriate circumstances; and I saw at that time this amendment on my speech, the every 2 years instead of every 1. I do how people had to volunteer, how the speeches before mine, or the speeches not know why we do not change that. community had to come forward to going back to about 11 o’clock this It has been proven very worthwhile in provide legal assistance to people who morning. We have a lot of other amend- many States. But we still have a law needed to have their rights represented ments which I hope we can take up. I that says the appropriators decide with in a courtroom. It also did something hope we will move to conclude this finality. So there is no violation of the very profound for me, and that was it amendment. I hope my colleagues will budget. If that were the case, every bill opened my eyes to public service and to support this amendment because it is appropriations bill that came through the criminal courts. I had been there important for America. here would be in violation because they for only a month. Notwithstanding I yield the floor. all have items with different funding that, I was in a very prominent law Mr. DOMENICI. Mr. President, I see levels than the assumption in the budg- firm. It was wall-to-wall life. I soon be- my friend from Hawaii on the floor. et resolution—maybe 20, 30 times in came an assistant district attorney be- Did he want to say something? each bill. That is the prerogative of the cause I wanted to learn to be a trial Mr. INOUYE. No. Appropriations Committee, and the lawyer, and I wanted to participate in Mr. DOMENICI. Since there is no Senate as an institution. Only if we the public process. And it has all been business coming before the Senate, I

VerDate Aug 31 2005 06:59 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S29SE5.REC S29SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 29, 1995 CONGRESSIONAL RECORD — SENATE S14609 ask for 6, 7, minutes as in morning entitlement programs that are out of I do not think the Secretary or the business at this point. control—Medicare, Medicaid. I did not President should read anything more The PRESIDING OFFICER. Without say cut them, I said reform them. In into my statement than what I have objection, it is so ordered. addition, we must look at commodity said. It is pretty clear that I am not f price supports and a whole list of pro- running off in some kind of trepidation grams that are on automatic pilot. because we are being told about this A BALANCED BUDGET If we do not stop them and change need to extend the debt limit. For Mr. DOMENICI. Mr. President, I them, they just spin, some at a 10-per- those who wonder about that debt want to talk a little bit about the bal- cent increase a year, some 12. We had limit extension, let me suggest—none anced budget that we have put forth Medicaid in some States, increasing as of which I advocate—but there are a and that we all worked so hard for—at much as 19 percent a year. I think we number of ways the Secretary of the least on this side of the aisle. I am had as high as a 28-percent increase in Treasury can pay some bills out there going to put it into the framework of one year in Medicaid—28 percent, auto- after that debt limit is extended, with- the Secretary of Treasury, Mr. Rubin, matic. Experts on the Federal budget out extending it. They know it. The talking to the American people and us know if you do not fix those and if your Secretary knows it. about that day sometime after October assumptions are not honest, then you There are at least four. A couple of 20, perhaps before November 15, in that have a budget that is smoke and mir- them have serious political ramifica- timeframe, when the debt limit that we rors, and ineffective. tions. A couple of them they could use. have imposed upon ourselves expires, Now, what I am saying to Members It may be they do not want to do that, and in order to borrow additional on the other side and others who will even when push comess to shove. But money, Congress has to act to raise listen is do not jump to the conclusion we do not want to abandon our bal- that debt limit. Essentially, that is that the most serious event is the day anced budget. And I am repeating, the being discussed with the American peo- that we do not extend the debt limit kind of balanced budget we are talking ple. I am not sure they all quite under- when it needs to be extended. about involves no optimistic economic stand what that means. Actually, an equally important day assumptions, no smoke and mirrors. It I want to, in a sense, respond as I see is coming when the President of the is entitlement reform that is con- it to the fear that the Secretary of the United States has to decide whether he sistent with what is happening to the Treasury is pushing across this land in wants to help us get a real—no smoke budget under current entitlement pro- terms of that debt limit day. and mirrors—entitlement reform budg- grams which, run unabated, have no re- First of all, Congress has never given et. Both of them are important events. lationship to what we can afford, just up the power to tell the President and I will not place one above the other merrily run along, causing the debt to those who work for him, like the Sec- because I believe we must do every- increase at $428 million a day. retary of Treasury how much they can thing we can this year—not next year, I yield the floor and I suggest the ab- borrow. Occasionally, it seemed kind of that is an election year; not 2 years sence of a quorum. strange to me because Congress passes from now; right now, this year. We The PRESIDING OFFICER. The all these laws to spend money, and ev- have to get a balanced budget, with no clerk will call the roll. erybody votes on those, and then when assumptions that are too optimistic, The assistant legislative clerk pro- it comes time to extend the debt, peo- and one that changes entitlement pro- ceeded to call the roll. Mr. HOLLINGS. Mr. President, I ask ple say, ‘‘We will not extend the debt.’’ grams to reduce their ever dramatic in- unanimous consent that the order for But I am beginning to understand that creases. the quorum call be rescinded. power to control the debt limit is very Now, I cannot put it any better than The PRESIDING OFFICER. Without important, especially in this year and that. I am not suggesting I am for a de- objection, it is so ordered. years like this one. fault. I am suggesting that is an impor- The Secretary of the Treasury is say- tant event. I believe we have to put the f ing to us, ‘‘You’d better agree to ex- other event right up there alongside it. THE BUDGET AND SPENDING tend that debt limit because if you do We have to serve notice on the Sec- Mr. HOLLINGS. Mr. President, while not, something very ominous might retary of the Treasury and the Presi- we are trying to arrange a vote here on happen.’’ Then he talks about such dent that we are not just going to run this important amendment, I would things as default and we will not be out on this balanced budget. We think just revisit what our distinguished able to pay interest on some bonds. we have done a job. We think it is posi- chairman of the Budget Committee was First of all, let me make it very clear tive. We think it is right. talking about: the budget and spend- from the standpoint of the Senator Let me close by saying the reason ing. from New Mexico, who put this budget that this is a big event is because for Mr. President, the present budget for resolution together, and look at it the first time in 31 years, elected offi- the fiscal year is $1.518 trillion, in from my vantage point as to the seri- cials are saying, ‘‘We care about the fu- other words, one trillion five hundred ousness of that contention on the part ture. It is not about today only. It is eighteen billion dollars. The budget of the Secretary that we had better be about the future. And we care about under consideration, of which this prepared to let that go up. our children, not ourselves. We care State, Justice, Commerce appropria- Now, I see it this way. I think there about those yet unborn as much as our- tion is a part thereof, is $1.602 trillion. are two major events that are coming selves.’’ If we really believe that, we So, one trillion six hundred two billion together in the month of November. cannot continue to spend at what is dollars means spending is going up $84 One is described by the Secretary of currently, believe it or not, $482 mil- billion. the Treasury with all of those ominous lion a day—a day. That is the amount Which reminds me of my distin- tones about what will happen; the we are adding to the debt every day— guished chairman of the subcommittee, other is whether we are going to get a $482 million. That is a lot. the Senator from Texas, always talk- balanced budget—no smoke and mir- Who will pay it? If we are standing ing about those in the wagon who are rors—and entitlement reform. up saying we do not care, well, some- going to have to get outside the wagon Frankly, many people are now ex- body is going to pay it. Do you know and start pulling it. The funny thing, perts on this Federal budget. Interest who is going to? The next generation, like Pogo, ‘‘We have met the enemy,’’ rates out there on bonds affect our with a lost standard of living, because we have met those in the wagon, ‘‘and standard of living because it affects in- too much of the income has to come it is us.’’ We have been spending lit- terest rates on many things. Those who back up here and pay for our prof- erally hundreds of billions more than look at that know precisely what is a ligacy. we are taking in each year. While the balanced budget and what is not a bal- That is not right. That is a big event budget itself increases some $84 billion, anced budget. for adult leaders. It is just as big an interest costs increase $348 billion, or Mr. President, we know precisely event as the event that is closing upon $1 billion a day, as has just been re- what the big ingredient in a balanced us on whether we increase the debt ferred to by the distinguished chair- budget is. The big one is reforming the limit, to let us borrow more or not. man of the Budget Committee.

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