E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, THURSDAY, MAY 1, 1997 No. 55 House of Representatives The House met at 10 a.m. and was Ms. DELAURO. Mr. Speaker, pursu- Frank (MA) Kingston Ortiz Franks (NJ) Kleczka Owens called to order by the Speaker pro tem- ant to clause 1, rule I, I demand a vote Frelinghuysen Klink Oxley pore [Mr. LATOURETTE]. on agreeing to the Speaker’s approval Frost Klug Packard f of the Journal. Gallegly Knollenberg Pappas The SPEAKER pro tempore. The Ganske Kolbe Parker DESIGNATION OF THE SPEAKER Gejdenson LaFalce Pastor question is on the Chair’s approval of Gekas LaHood Paul PRO TEMPORE the Journal. Gibbons Lampson Paxon The SPEAKER pro tempore laid be- The question was taken; and the Gilchrest Lantos Payne Gilman Largent Pease fore the House the following commu- Speaker pro tempore announced that Goode LaTourette Pelosi nication from the Speaker: the ayes appeared to have it. Goodlatte Lazio Peterson (MN) Goodling Leach Peterson (PA) WASHINGTON, DC, Ms. DELAURO. Mr. Speaker, I object Gordon Levin Petri May 1, 1997. to the vote on the ground that a Goss Lewis (CA) Pickering I hereby designate the Honorable STEVEN quorum is not present and make the Graham Lewis (KY) Pitts C. LATOURETTE to act as Speaker pro tem- point of order that a quorum is not Granger Linder Pomeroy pore on this day. present. Greenwood Lipinski Portman NEWT GINGRICH, Gutknecht Lofgren Poshard Speaker of the House of Representatives. The SPEAKER pro tempore. Evi- Hall (OH) Lowey Price (NC) dently a quorum is not present. Hall (TX) Lucas Pryce (OH) f Hamilton Luther Quinn The Sergeant at Arms will notify ab- Hansen Maloney (CT) Radanovich PRAYER sent Members. Harman Manton Rahall The vote was taken by electronic de- Hastert Manzullo Rangel The Reverend Leander Wilkes, Sec- Hastings (FL) Markey Regula ond Baptist Church, Santa Barbara, vice, and there were—yeas 343, nays 42, Hastings (WA) Martinez Reyes CA, offered the following prayer: not voting 48, as follows: Hayworth Mascara Riley O Thou, who art all and in all, from [Roll No. 97] Hefner Matsui Rivers Hill McCarthy (MO) Rodriguez whom all right purposes and true judg- YEAS—343 Hilleary McCarthy (NY) Roemer ments proceed, and in whose wisdom Ackerman Boyd Danner Hinojosa McCollum Rogan all who seek Thee become wise; praised Aderholt Brady Davis (FL) Hobson McCrery Rogers be Thou. We thank Thee that through Allen Brown (FL) Davis (VA) Hoekstra McDade Rohrabacher Archer Brown (OH) Deal Holden McHale Ros-Lehtinen Thy grace another session is awaiting Armey Bryant DeGette Hooley McHugh Rothman deliberations. We are mindful that You Bachus Bunning Delahunt Horn McInnis Roukema yet rule in the affairs of all peoples and Baker Burr DeLay Hostettler McIntyre Roybal-Allard Houghton McKeon Royce nations and feel more keenly the need Baldacci Buyer Dellums Ballenger Callahan Deutsch Hoyer McKinney Rush for Thy help. Barcia Calvert Diaz-Balart Hunter McNulty Ryun Vouchsafe Thy guidance throughout Barr Camp Dickey Hyde Meehan Salmon the deliberations here, that the noble Barrett (WI) Campbell Dicks Inglis Meek Sanchez Barton Canady Dixon Jackson (IL) Menendez Sandlin ends of justice, peace, and goodwill be Bass Cannon Doggett Jackson-Lee Metcalf Sanford attained. We pray that Thy blessing Bateman Carson Doolittle (TX) Mica Sawyer may rest upon each heart and a sense Becerra Castle Doyle Jefferson Millender- Saxton Jenkins McDonald Scarborough of Thy favor that will inspire each to- Bentsen Chabot Dreier Bereuter Chambliss Duncan John Miller (CA) Schaefer, Dan wards holier resolves, that Thou may Berman Christensen Dunn Johnson (CT) Minge Schaffer, Bob be glorified. O Lord, our God, we trust Berry Clement Edwards Johnson (WI) Moakley Schumer in Thee. Amen. Bilbray Coble Ehlers Johnson, E.B. Molinari Scott Bilirakis Coburn Emerson Johnson, Sam Mollohan Sensenbrenner f Bishop Collins Eshoo Jones Moran (VA) Serrano Blagojevich Combest Etheridge Kanjorski Morella Sessions THE JOURNAL Bliley Cook Evans Kasich Murtha Shadegg Blumenauer Cooksey Everett Kelly Myrick Shaw The SPEAKER pro tempore. The Blunt Cox Ewing Kennedy (MA) Neal Shays Chair has examined the Journal of the Boehlert Coyne Farr Kennedy (RI) Nethercutt Sherman last day’s proceedings and announces Boehner Cramer Fawell Kennelly Neumann Shimkus Kildee Ney Shuster to the House his approval thereof. Bonilla Crapo Flake Bonior Cubin Foley Kim Norwood Sisisky Pursuant to clause 1, rule I, the Jour- Boswell Cummings Ford Kind (WI) Obey Skaggs nal stands approved. Boucher Cunningham Fowler King (NY) Olver Skeen

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

H2095 H2096 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Skelton Strickland Vela´ zquez that the Senate has passed without THE NATIONAL DAY OF PRAYER Slaughter Stump Vento amendment bills of the House of the Smith (MI) Sununu Walsh (Mr. HEFLEY asked and was given Smith (NJ) Talent Wamp following titles: permission to address the House for 1 Smith (OR) Tanner Watkins H.R. 968, An act to amend title XVIII and Smith (TX) Tauscher Watts (OK) minute and to revise and extend his re- XIX of the Social Security Act to permit a marks.) Smith, Adam Tauzin Waxman waiver of the prohibition of offering nurse Smith, Linda Taylor (NC) Weldon (FL) Mr. HEFLEY. Mr. Speaker, our Na- Snowbarger Thomas Weldon (PA) aide training and competency evaluation Snyder Thornberry Weygand programs in certain nursing facilities. tion’s first call to prayer came in 1775 Solomon Thune White H.R. 1001. An act to extend the term of ap- when the Continental Congress asked Spence Thurman Whitfield pointment of certain members of the Pro- the Colonies to pray for wisdom in Spratt Tiahrt Wicker spective Payment Assessment Commission forming a nation. Since then, the call Stabenow Towns Wise and the Physician Payment Review Commis- to prayer has continued throughout Stearns Traficant Woolsey sion. Stenholm Turner Wynn our history. f Stokes Upton Young (FL) In 1952 a joint resolution by Congress, NAYS—42 WELCOME TO THE REVEREND signed by President Truman, declared Abercrombie Filner LoBiondo LEANDER WILKES an annual National Day of Prayer. In Borski Fox McDermott (Mr. CAPPS asked and was given per- 1988, the law was amended and signed Brown (CA) Furse McGovern by President Reagan, permanently set- Capps Gephardt Pallone mission to address the House for 1 Chenoweth Gillmor Pickett minute and to revise and extend his re- ting the day as the first Thursday of Clay Green Pombo marks.) every May. Clyburn Gutierrez Ramstad Today is the National Day of Prayer. Costello Hefley Sabo Mr. CAPPS. Mr. Speaker, our morn- DeLauro Hilliard Stark ing prayer today was offered by the We are celebrating in the Cannon Cau- Dingell Hinchey Taylor (MS) Reverend Leander Wilkes, who lives cus Room all day, from 10 a.m. to 3 Dooley Hulshof Thompson and works in my hometown, Santa p.m. Military chiefs of staff, Cabinet English Kilpatrick Visclosky Secretaries, Senators and Representa- Ensign Kucinich Waters Barbara, CA. He and his wife, Thelma, Fazio Lewis (GA) Weller and their children, Leo, Dierdra, tives are gathering to ask for prayers from the people. The National Day of NOT VOTING—48 Jamaal, and the late Lucy are admired and respected by all who know them. Prayer belongs to all Americans of all Andrews Foglietta Nussle Baesler Forbes Oberstar On this National Day of Prayer when faiths. It stands as a call to us to hum- Barrett (NE) Gonzalez Pascrell we are mindful of the abundant bless- bly come before God, seeking his guid- Bartlett Herger Porter ings of God and are also aware of the ance for our leaders and his grace upon Bono Hutchinson Riggs us as a people. Please join me today by Burton Istook Sanders manifest challenges we face as a na- Cardin Kaptur Schiff tion, it is appropriate that we take our stopping by the Cannon Caucus Room Clayton Latham Souder first signals of the day from a man of to celebrate this great event. It is our Condit Livingston Stupak such consummate compassion, wisdom, prayer that during the National Day of Conyers Maloney (NY) Tierney Crane McIntosh Torres good grace, and youthful optimism. Prayer, America will again remember Davis (IL) Miller (FL) Watt (NC) f the trust that made this Nation great. DeFazio Mink Wexler Ehrlich Moran (KS) Wolf ANNOUNCEMENT OF PROCEDURE f Engel Nadler Yates FOR AMENDMENTS ON H.R. 3, JU- Fattah Northup Young (AK) VENILE CRIME CONTROL ACT OF b 1022 1997 STAND UP FOR LEGAL IMMIGRANTS So the Journal was approved. (Ms. PRYCE of Ohio asked and was The result of the vote was announced given permission to address the House (Mr. GUTIERREZ asked and was as above recorded. for 1 minute and to revise and extend given permission to address the House f her remarks.) for 1 minute.) Ms. PRYCE of Ohio. The Committee Mr. GUTIERREZ. Mr. Speaker, an- PERSONAL EXPLANATION on Rules may meet early next week to other day, another story of a senior or Mr. BARRETT of Nebraska. Mr. Speaker, grant a rule which may limit the a person with a disability who will suf- on rollcall No. 97, I was inadvertently de- amendments to be offered to H.R. 3, the fer because this Congress decided to tained. Had I been present, I would have Juvenile Crime Control Act of 1997. take away vital benefits from legal im- voted ``yea.'' Subject to the approval of the Commit- migrants. Unfortunately, since we only f tee on Rules, this rule may include a have 92 days to go, I cannot tell the Members every story. PERSONAL EXPLANATION provision limiting amendments to those specified in the rule. Any Mem- Today I have time to tell about Mr. BONO. Mr. Speaker, unfortunately, I ber who desires to offer an amendment Cheslaw Matyszcyk. Cheslaw worked in was unavoidably detained today and missed should submit 55 copies and a brief ex- Poland as a Solidarity member, work- rollcall vote No. 97, on agreeing to the Jour- planation of the amendment by noon ing hard, taking care of his family and nal. If I had been present, I certainly would on Monday, May 5, to the Committee being part of the movement that swept have voted ``yea'' in its support. on Rules at room H–312 in the Capitol. away communism. He came to America f Amendments should be drafted to the to provide a better future for his fam- PLEDGE OF ALLEGIANCE text of the bill as reported from the ily, and he did. He worked hard every Committee on the Judiciary. The bill day at Ford Motor Co. until an acci- The SPEAKER pro tempore [Mr. and report are to be filed today, and dent left him disabled and unable to LATOURETTE]. Will the gentleman from until such time as the text is available continue in the work force, even California [Mr. CALVERT] come forward in the document room it will be avail- though he would give anything, any- and lead the House in the Pledge of Al- able in the Committee on the Judici- thing to continue to provide for him- legiance. ary. Members should use the Office of self and his family. But since 92 days is Mr. CALVERT led the Pledge of Alle- Legislative Counsel to ensure their not enough to tell every story, let me giance as follows: amendments are properly drafted and have Cheslaw tell you about himself: I pledge allegiance to the Flag of the should check with the Office of the ‘‘I am not without hope. I believe in United States of America, and to the Repub- lic for which it stands, one nation under God, Parliamentarian to be certain their America, and that the government of indivisible, with liberty and justice for all. amendments comply with the rules of the United States won’t hurt me.’’ f the House. Cheslaw came to our country, gave to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE our country, and still believes in our MESSAGE FROM THE SENATE The SPEAKER pro tempore. The country. Let us show him he has a rea- A message from the Senate by Ms. Chair announces he will entertain five son to believe, and stand up for legal McDevitt, one of its clerks, announced 1-minute speeches on each side. immigrants. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2097 CONGRESS IS MOVING FORWARD would ban handgun possession by any- Mr. CALVERT. Mr. Speaker, I rise WITH ITS AGENDA WHILE THE one under 21. today with my colleague, the gen- WHITE HOUSE DEALS WITH f tleman from Hawaii [Mr. ABERCROM- SCANDALS BIE], in reintroducing the Veterans’ (Mr. WATTS of Oklahoma asked and NATIONAL DAY OF PRAYER Cemetery Protection Act. Whenever a was given permission to address the (Mr. BARR of Georgia asked and was young man or woman decides to enter House for 1 minute and to revise and given permission to address the House the military, they do so voluntarily in extend his remarks.) for 1 minute.) order to protect our country and guard Mr. WATTS of Oklahoma. Mr. Speak- Mr. BARR of Georgia. Mr. Speaker, against the uncertainties of the world. er, while the White House is fully occu- on this National Day of Prayer, I think Sometimes they make the ultimate pied with an army of lawyers dealing it is important for all of us and for the sacrifice. Over 1 million Americans with all the campaign scandals, we American people to realize that we do, have died fighting in our country’s here in Congress are moving forward as did our Founding Fathers, derive wars. That is why it sickens me when I with our agenda. our powers, derive our sense of what is hear of hooligans desecrating our na- Our agenda is nothing more than the right and wrong, derive our very sense tional cemeteries. agenda the American people who elect- of the moral fiber of our country not In 1996, Riverside National Cemetery, ed us asked us to implement. That from ourselves, not from within our- the second largest cemetery in this agenda includes balancing the budget selves, but from the hand of God. country, next only to Arlington, fell for the first time since 1969. That agen- I believe that as we move forward prey to vandals who stole bronze mark- da includes cutting the tax on capital and debate the important issues, many ers from 128 graves. On April 19, van- gains so that the economy will produce of which are very contentious, of a po- dals spray-painted racist and profane more jobs and more opportunities, cut- litical nature in our country in these words on the cemetery walls of the Na- ting taxes for working families, giving days and months ahead, that even if we tional Memorial Cemetery of the Pa- them relief at home. do disagree and there will be disagree- cific in Hawaii. Enough is enough. The That agenda includes fundamental ments, at least we assure the American Veterans’ Cemetery Protection Act Medicare reform so seniors are pro- people very honestly that our sense of would stiffen criminal penalties for tected from a system in danger of what we are doing, that the positions theft and malicious vandalism at na- bankruptcy. That agenda includes that we are reflecting, the position tional cemeteries. I wish to thank the smaller government, less bureaucracy, that we state on behalf of our citizens gentleman from Arizona [Mr. STUMP] of and more control in local communities. are those that are born of reflective the House Committee on Veterans’ Af- That agenda includes a recognition prayer and belief, that these do indeed fairs, the gentleman from California that the fraying of America can only represent the will of our founder, our [Mr. BONO], the gentleman from Cali- be addressed with a greater respect for true founder, our Lord. I think it is fornia [Mr. ROYCE], and many others traditional American values, and by very important to recognize that and who have come forward to support this strengthening the family, not weaken- to assure Americans that that is indeed bill. ing it. the basis on which we act here in this Being so close to Memorial Day, I in- vite my colleagues to become original b House of Representatives. 1030 cosponsors of this measure as a small f That is our agenda and that is the gift to our Nation’s veterans. agenda of the majority of the American CITIZENSHIP USA f people. I ask my colleagues to join me (Mr. TRAFICANT asked and was in implementing that agenda. IN SUPPORT OF THE VETERAN’S given permission to address the House CEMETERY PROTECTION ACT f for 1 minute and to revise and extend (Mr. ABERCROMBIE asked and was HANDGUN VIOLENCE his remarks.) given permission to address the House (Mr. BLAGOJEVICH asked and was Mr. TRAFICANT. Mr. Speaker, the for 1 minute and to revise and extend given permission to address the House Immigration and Naturalization Serv- his remarks.) for 1 minute.) ice admits that up to 180,000 criminals Mr. ABERCROMBIE. Mr. Speaker, I Mr. BLAGOJEVICH. Mr. Speaker, were improperly granted citizenship. am very pleased to rise as the cospon- years ago parents lived in fear that The INS now says we made a mistake sor with the gentleman from California their children might one day catch and allowed applicants to submit cop- [Mr. CALVERT] today of the bill which polio. Many of our best doctors and sci- ies of their own fingerprints, and the he just enumerated. I think many peo- entists put all their energies into find- criminals submitted phony prints. ple in the United States and even ing a cure. Years ago things like mea- Beam me up. around the world according to the ad- sles, tuberculosis and tetanus posed se- I say it is time to wage a real war on ministrators at Punch Bowl Cemetery rious threats to the health of our chil- illegal immigration and drugs. Let us have recognized what has taken place. dren. These diseases were aggressively transfer some of our military troops This is beyond vandalism. That is why researched and solutions were found. falling out of chairs on arm rests, cash- this bill is coming forward. Today there is a new epidemic ing their American paycheck in Tokyo I am also grateful to the gentleman threatening our children: handgun vio- and Frankfurt and put them on our from Arizona [Mr. STUMP] and every- lence. We know that handgun violence border and stop this business. This is a one else who has helped us to recognize affects more than 10 times as many joke. This program called Citizenship what needs to be done here. The children as polio ever did. In fact in USA has turned into Criminal USA. It present legal situation in the United many States, handgun violence is the does not take Karnak the Magnificent States does not cover this kind of dese- leading cause of death among children. to figure it out. cration. This is beyond vandalism. I But we are fighting handgun violence Congress should fire those incom- think there is perhaps a demented with only 1 percent of the resources we petent, stumbling, bumbling nincom- mentality at work here. used to fight polio. poops at the Immigration and Natu- We cannot reward it by reacting in a We should confront handgun violence ralization Service. Print this. way that is beyond what the bill calls with the same urgency that previous I yield back the balance of all illegal for. We will look into matters of secu- generations brought to the leading immigrants. rity. We will look into other legal mat- health epidemics of their time. Their f ters associated with it. But this action example should serve as an inspiration. must be taken in order to protect If we could find a vaccine for polio, we VETERANS’ CEMETERY monuments, memorials, cemeteries all can find a solution to handgun vio- PROTECTION ACT OF 1997 across the Nation and in fact probably lence. A sure way to show our commit- (Mr. CALVERT asked and was given all across the world. I thank the gen- ment to that effort, I urge my col- permission to address the House for 1 tleman from California [Mr. CALVERT]. leagues, is to vote for my bill that minute.) I thank the gentleman from Arizona H2098 CONGRESSIONAL RECORD — HOUSE May 1, 1997

[Mr. STUMP]. I thank the Democratic bers submitted from the States to the the Committee on House Oversight will Members who are truly making this a U.S. Department of Agriculture in be considered as adopted. bipartisan effort. early April of this year. These are not This resolution provides 1 hour of de- f House Member numbers. These are not bate equally divided and controlled by administration numbers. These are the the chairman of the ranking minority ERGONOMICS numbers from the united States in this member of the Committee on House (Mr. BONILLA asked and was given country. These numbers are in fact Oversight. Finally, the rule provides permission to address the House for 1 only a few weeks old. More impor- one motion to recommit, as is the right minute and to revise and extend his re- tantly, these figures indicate that of the minority. marks.) without the full $76 million requested Mr. Speaker, the process established Mr. BONILLA. Mr. Speaker, I want by the President, 360,000 women and by this rule for the consideration of to give my colleagues a brief course children will be removed from the WIC House Resolution 129 is not any dif- today on a new word called Program. ferent than the process established for ergonomics. It is confusing because it Does the majority party really want previous committee funding resolu- sounds a little bit like ebonics or eco- to take milk, cereal, and formula off tions. Under clause 4(a) of House rule nomics. Why are we hearing more the breakfast tables of thousands of XI, committee funding resolutions are about it lately? Because OSHA is start- needy families? I do not think so. privileged on the House floor and ing to promulgate and write a rule that Democrats are united in our opposi- unamendable. will hurt every American small busi- tion to the WIC reductions. I urge my As the minority knows, it is unneces- ness. Republican colleagues to join us in vot- sary to craft a rule to bring up the committee funding resolution unless Since ergonomics a tough word to re- ing to restore the full amount of the there is a need to waive points of order member, I will spell it out. The E in President’s request for WIC. that could legitimately be sustained ergonomics stands for expensive. It will f cost small business an arm and a leg to against the resolution. In this case, comply. COMMITTEE FUNDING such a waiver is necessary to address The R is for redtape and the regu- RESOLUTION what is clearly a technical violation of the rules of the House. latory nightmare it would create. The Mr. LINDER. Mr. Speaker, by direc- G is for grab more power by the big Specifically, clause 2(d)(2) of House tion of the Committee on Rules, I call rule X requires committees to vote to labor unions, and that is their goal. up House Resolution 136 and ask for its approve their oversight plans for sub- The O is for OSHA, attempting to con- immediate consideration: mission to the House Committee on trol every nook and cranny in the The Clerk read the resolution, as fol- Government Reform and Oversight and workplace. lows: the House Oversight Committee by The N is for no, because no definitive H. RES. 136 February 15 of the first session of each science exists to support such a stand- Congress. ard. The O, once again, is for OSHA for Resolved, That upon the adoption of this resolution it shall be in order without inter- In addition, the rule prohibits consid- overzealous. The M is for the medical vention of any point of order to consider in eration of a committee funding resolu- experts who do not know what causes the House the resolution (H. Res. 129) provid- tion if any committee has not submit- ergonomic injuries yet. The I is for if, ing amounts for the expenses of certain com- ted plans by February 15. The House because if you think this is a bad rule mittees of the House of Representatives in rule also prohibits consideration if or the EPA-proposed standards were the One Hundred Fifth Congress. The resolu- these plans were not adopted in an bad, wait until you see this. The C is tion shall be considered as read for amend- ment. The amendment in the nature of a open session with a quorum present. It for common sense and the lack of it in is quite well known to both sides that proposing this idea, and the S is for substitute recommended by the Committee on House Oversight now printed in the reso- certain committees were unable to or- science and the need for a well-re- lution shall be considered as adopted. The ganize before February 15 because the spected National Academy of Science previous question shall be considered as or- committee assignment process had not report before we promulgate this rule. dered on the resolution, as amended, to final been completed by that time. As a re- f adoption without intervening motion or de- sult, those particular committees were mand for division of the question except: (1) ANNOUNCEMENT BY THE SPEAKER obviously unable to assemble and vote one hour of debate equally divided and con- to approve their oversight plans in a PRO TEMPORE trolled by the chairman and ranking minor- timely manner. The SPEAKER pro tempore (Mr. ity member of the Committee on House Oversight; and (2) one motion to recommit. Today, I am pleased to report that LATOURETTE). The Chair would remind each committee has submitted an ap- all persons seated in the gallery that The SPEAKER pro tempore. The gen- proved oversight plan to the Govern- they are guests of the House, and the tleman from Georgia [Mr. LINDER] is ment Reform and Oversight Committee rules of the House prohibit either ap- recognized for 1 hour. and the House Oversight Committee. I proval or disapproval of the remarks of Mr. LINDER. Mr. Speaker, for the want to commend the gentleman from any speaker. purpose of debate only, I yield the cus- California [Mr. THOMAS], the chairman, f tomary 30 minutes to the gentleman for working hard again to produce suf- from Massachusetts [Mr. MOAKLEY], ficient funding for House committees IN SUPPORT OF PRESIDENT’S pending which I yield myself such time REQUEST FOR WIC to complete their work. as I may consume. During consider- It is clear that he had to balance an (Ms. DELAURO asked and was given ation of this resolution, all time yield- assortment of concerns with limited permission to address the House for 1 ed is for the purpose of debate only. funding at his disposal, and the product minute and to revise and extend her re- Mr. Speaker, House Resolution 136 is of his work under extraordinarily tight marks.) a closed rule providing for consider- fiscal constraints will help guarantee Ms. DELAURO. Mr. Speaker, I would ation of House Resolution 129, a resolu- that the available funding is spent like to respond to a letter printed in tion which authorizes funding for com- where it is needed most. this morning’s New York Times by my mittee salaries and expenses for 17 I urge my colleagues to support the friend and my colleague from the other standing committees of the House of rule so that we may proceed with de- side of the aisle, the gentleman from Representatives and the Permanent Se- bate and consideration of the commit- Georgia [Mr. KINGSTON]. The gen- lect Committee on Intelligence for the tee funding resolution. tleman from Georgia [Mr. KINGSTON] 105th Congress. Mr. Speaker, I reserve the balance of writes that the President’s request for House Resolution 136 provides for my time. $76 million in funds for the women, in- consideration of the committee fund- Mr. MOAKLEY. Mr. Speaker, I yield fants and children program is based on ing resolution without intervention of myself such time as I may consume; old census data. any point of order. The rule also pro- and I thank my friend, the gentleman The statement is simply inaccurate. vides that the amendment in the na- from Georgia [Mr. LINDER], for yielding The $76 million figure is based on num- ture of a substitute recommended by me the customary half hour. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2099 Mr. Speaker, this rule provides for because of circumstances over which he mittee on the Judiciary, $5,054,800; Commit- consideration of the committee fund- had no control. His committee, the tee on National Security, $4,729,454; Commit- ing resolution for this Congress. On Committee on House Oversight, was tee on Resources, $4,800,014; Committee on March 20, Mr. Speaker, we took up a forced to go up to the Committee on Rules, $2,306,407; Committee on Science, $4,263,672; Committee on Small Business, rule for committee funding along with Rules and ask for this rule to waive $1,936,471; Committee on Standards of Offi- an enormous slush fund for political in- points of order. cial Conduct, $1,276,300; Committee on Trans- vestigations; and a majority of my col- Mr. Speaker, I have no further re- portation and Infrastructure, $6,141,500; Com- leagues, in their wisdom, defeated it. quests for time, and I yield back the mittee on Veterans’ Affairs, $2,084,368; and Today’s rule provides for an addi- balance of my time. Committee on Ways and Means, $5,387,934. tional 5 percent increase in committee Mr. LINDER. Mr. Speaker, I yield SEC. 3. SECOND SESSION LIMITATIONS. funding, which will bring the total in- back the balance of my time, and I (a) IN GENERAL.—Of the amount provided crease in committee funding to 14 per- move the previous question on the res- for in section 1 for each committee named in cent, an increase that I think is un- olution. subsection (b), not more than the amount justified, particularly, Mr. Speaker, be- The previous question was ordered. specified in such subsection shall be avail- cause most of it will be put toward a The resolution was agreed to. able for expenses incurred during the period beginning at noon on January 3, 1998, and slush fund and a political investigation A motion to reconsider was laid on ending immediately before noon on January of Democrats. But today’s bill contains the table. 3, 1999. only funding for committees not in- Mr. THOMAS. Mr. Speaker, pursuant (b) COMMITTEES AND AMOUNTS.—The com- volved in extra investigations, and for to House Resolution 136, I call up the mittees and amounts referred to in sub- some committees it contains a fair resolution (H. Res. 129) providing section (a) are: Committee on Agriculture, amount of money for the minority. amounts for the expenses of certain $3,865,123; Committee on Banking and Finan- As the ranking minority member on committees of the House of Represent- cial Services, $4,537,800; Committee on the the Rules Committee, I would like to atives in the 105th Congress and ask for Budget, $4,970,000; Committee on Commerce, $7,453,621; Committee on Education and the thank my chairman, the gentleman its immediate consideration in the Workforce, $5,122,986; Committee on House from New York [Mr. SOLOMON], for his House. Oversight, $3,007,746; Permanent Select Com- fair treatment of the minority. When I The SPEAKER pro tempore. The mittee on Intelligence, $2,457,486; Committee was chairman of the Committee on Clerk will report the resolution. on International Relations, $5,223,000; Com- Rules, we also gave the minority one- The Clerk read as follows: mittee on the Judiciary, $5,644,772; Commit- third of the committee’s salary money; H. RES. 129 tee on National Security, $5,027,254; Commit- tee on Resources, $5,076,536; Committee on and I appreciate the gentleman from Resolved, Rules, $2,342,695; Committee on Science, New York [Mr. SOLOMON], the chair- SECTION 1. COMMITTEE EXPENSES FOR THE ONE $4,414,158; Committee on Small Business, man, continuing in this fair tradition. HUNDRED FIFTH CONGRESS. $1,970,470; Committee on Standards of Offi- I would like to encourage other com- (a) IN GENERAL.—With respect to the One cial Conduct, $1,180,000; Committee on Trans- mittee chairs to follow the example of Hundred Fifth Congress, there shall be paid portation and Infrastructure, $6,341,500; Com- the gentleman from New York [Mr. out of the applicable accounts of the House mittee on Veterans’ Affairs, $2,259,792; and of Representatives, in accordance with this SOLOMON], the chairman, and treat the Committee on Ways and Means, $5,678,907. primary expense resolution, not more than minority members as fairly as he the amount specified in subsection (b) for the SEC. 4. VOUCHERS. treats his majority members. The com- expenses (including the expenses of all staff Payments under this resolution shall be mittee’s report says that only 8 out of salaries) of each committee named in that made on vouchers authorized by the commit- 17 committees follow the one-third al- subsection. tee involved, signed by the chairman of such location of the gentleman from New (b) COMMITTEES AND AMOUNTS.—The com- committee, and approved in the manner di- rected by the Committee on House Over- York [Mr. SOLOMON], the chairman, and mittees and amounts referred to in sub- sight. I believe all the committees should fol- section (a) are: Committee on Agriculture, low it. $7,656,162; Committee on Banking and Finan- SEC. 5. REGULATIONS. Mr. Speaker, normally our rule cial Services, $8,901,617; Committee on the Amounts made available under this resolu- Budget, $9,940,000; Committee on Commerce, tion shall be expended in accordance with would be unnecessary because this res- $14,576,580; Committee on Education and the regulations prescribed by the Committee on olution would be privileged. But the Workforce, $10,125,113; Committee on House House Oversight. Republicans instituted a rules change Oversight, $6,100,946; Permanent Select Com- SEC. 6. ADJUSTMENT AUTHORITY. requiring committees to vote on over- mittee on Intelligence, $4,815,526; Committee The Committee on House Oversight shall sight plans and submit those plans to on International Relations, $10,368,358; Com- have authority to make adjustments in the House Oversight Committee. If mittee on the Judiciary, $10,699,572; Commit- amounts under section 1, if necessary to committees did not get their plans in tee on National Security, $9,756,708; Commit- comply with an order of the President issued on time, their funding resolution would tee on Resources, $9,876,550; Committee on under section 254 of the Balanced Budget and Rules, $4,649,102; Committee on Science, be subject to a point of order. Emergency Deficit Control Act of 1985 or to $8,677,830; Committee on Small Business, conform to any reduction in appropriations b 1045 $3,906,941; Committee on Standards of Offi- for the purposes of such section 1. cial Conduct, $2,456,300; Committee on Trans- Mr. Speaker, today we are seeing yet SEC. 7. OFFSET OF INCREASE IN COMMITTEE EX- portation and Infrastructure, $12,483,000; PENSES. another Republican rule change, an- Committee on Veterans’ Affairs, $4,344,160; Any net increase in the aggregate amount other Republican rule violated, another and Committee on Ways and Means, of expenses of committees for the One Hun- $11,066,841. Republican rule violation waived. dred Fifth Congress over the aggregate I am not suggesting that the gen- SEC. 2. FIRST SESSION LIMITATIONS. amount of funds appropriated for the ex- tleman from California [Mr. THOMAS] is (a) IN GENERAL.—Of the amount provided penses of committees for the One Hundred unjustified in asking for the waiver. for in section 1 for each committee named in Fourth Congress shall be offset by reductions After all, his committee is being held subsection (b), not more than the amount in expenses for other legislative branch ac- responsible for other committees’ fail- specified in such subsection shall be avail- tivities. ure to comply with the new Republican able for expenses incurred during the period beginning at noon on January 3, 1997, and The SPEAKER pro tempore (Mr. House rules. But, Mr. Speaker, this ending immediately before noon on January LATOURETTE). Pursuant to House Reso- making the rules and this breaking the 3, 1998. lution 136, the committee amendment rules is nothing new. It is another in a (b) COMMITTEES AND AMOUNTS.—The com- in the nature of a substitute printed in long list of Republican rules changes mittees and amounts referred to in sub- House Resolution 129 is adopted. that prove too hard to follow, like the section (a) are: Committee on Agriculture, The text of the committee amend- rule requiring a three-fifths vote for $3,791,039; Committee on Banking and Finan- ment in the nature of a substitute is as cial Services, $4,363,817; Committee on the tax increases that my Republican col- follows: leagues have waived over and over and Budget, $4,970,000; Committee on Commerce, $7,122,959; Committee on Education and the Resolved, over and over again. Workforce, $5,002,127; Committee on House SECTION 1. COMMITTEE EXPENSES FOR THE ONE So let me repeat, Mr. Speaker. The Oversight, $3,093,200; Permanent Select Com- HUNDRED FIFTH CONGRESS. gentleman from California is not re- mittee on Intelligence, $2,358,040; Committee (a) IN GENERAL.—With respect to the One sponsible for the need for this waiver on International Relations, $5,145,358; Com- Hundred Fifth Congress, there shall be paid out H2100 CONGRESSIONAL RECORD — HOUSE May 1, 1997 of the applicable accounts of the House of Rep- SEC. 5 REGULATIONS. had operated in the past, in a more reg- resentatives, in accordance with this primary Amounts made available under this resolution ular order. This Congress does the peo- expense resolution, not more than the amount shall be expended in accordance with regula- ple’s business, and while great focus is specified in subsection (b) for the expenses (in- tions prescribed by the Committee on House placed on the numerical activity that cluding the expenses of all staff salaries) of each Oversight. will occur here on the floor in the committee named in that subsection. SEC. 6. ADJUSTMENT AUTHORITY. (b) COMMITTEES AND AMOUNTS.—The commit- The Committee on House Oversight shall have budget sense, the real question is how tees and amounts referred to in subsection (a) authority to make adjustments in amounts well we are doing our people’s business. are: Committee on Agriculture, $7,656,162; Com- under section 1, if necessary to comply with an There is a frustration there as well, mittee on Banking and Financial Services, order of the President issued under section 254 not so much with what is happening in $8,901,617; Committee on the Budget, $9,940,000; of the Balanced Budget and Emergency Deficit this committee but generally on the Committee on Commerce, $14,535,406; Committee Control Act of 1985 or to conform to any reduc- floor of the House of Representatives. on Education and the Workforce, $10,125,113; tion in appropriations for the purposes of such Issues that need to be addressed, from Committee on House Oversight, $6,050,349; Per- section 1. manent Select Committee on Intelligence, campaign finance reform to children’s $4,815,526; Committee on International Rela- The SPEAKER pro tempore. Under health, do not seem to be moving. We tions, $10,368,358; Committee on the Judiciary, the rule, the gentleman from Califor- are in danger in the budget process of $10,604,041; Committee on National Security, nia [Mr. THOMAS] and the gentleman not simply ignoring deadlines, which $9,721,745; Committee on Resources, $9,876,550; from Connecticut [Mr. GEJDENSON] would sound somewhat arbitrary, but Committee on Rules, $4,649,102; Committee on each will control 30 minutes. the pressure of tax cuts and other Science, $8,677,830; Committee on Small Busi- The Chair recognizes the gentleman ness, $3,906,941; Committee on Standards of Of- things there that may balloon the defi- ficial Conduct, $2,456,300; Committee on Trans- from California [Mr. THOMAS]. cit in the out years loom once again. portation and Infrastructure, $12,184,459; Com- Mr. THOMAS. Mr. Speaker, I yield So our concerns here are to make mittee on Veterans’ Affairs, $4,344,160; and myself such time as I may consume. sure that, not just in a budgetary sense Committee on Ways and Means, $11,036,907. House Resolution 129 is the second but from an operational sense, are we SEC. 2. FIRST SESSION LIMITATIONS. installment, if you will, of committee doing the business of the people of this (a) IN GENERAL.—Of the amount provided for funding for the 105th Congress. If my country? Are we trying to improve the in section 1 for each committee named in sub- colleagues will recall, in House Resolu- standard of living for every working section (b), not more than the amount specified tion 91, which the House passed a short in such subsection shall be available for ex- American to make sure they have penses incurred during the period beginning at time ago, we funded one of the stand- health care, that their children can get noon on January 3, 1997, and ending imme- ing committees, the Committee on a decent education? That is what the diately before noon on January 3, 1998. Government Reform and Oversight, resources that are being discussed (b) COMMITTEES AND AMOUNTS.—The commit- and assisted in maximizing the utiliza- today are meant to do. And the real tees and amounts referred to in subsection (a) tion of staff with the creation of a re- question in my mind is: Is this Con- are: Committee on Agriculture, $3,791,039; Com- serve fund. The other committees were gress leading the country in the right mittee on Banking and Financial Services, maintained at the then-current House $4,363,817; Committee on the Budget, $4,970,000; direction? There we have a very signifi- Committee on Commerce, $7,122,959; Committee rules provision until a second funding cant debate. on Education and the Workforce, $5,002,127; resolution could be created. House Res- Mr. Speaker, I reserve the balance of Committee on House Oversight, $3,042,603; Per- olution 129 is that second funding reso- my time. manent Select Committee on Intelligence, lution. It contains funding for 18 stand- Mr. THOMAS. Mr. Speaker, I yield $2,358,040; Committee on International Rela- ing committees of the 19 and the Per- myself such time as I may consume tions, $5,145,358; Committee on the Judiciary, manent Select Committee on Intel- and say that I find it somewhat ironic $5,054,800; Committee on National Security, ligence. that the gentleman from Connecticut $4,719,454; Committee on Resources, $4,800,014; Committee on Rules, $2,306,407; Committee on The dollar amounts funding these cites a number of issues that he be- Science, $4,263,672; Committee on Small Busi- committees are roughly the same as in lieves are overdue for correction, and ness, $1,936,471; Committee on Standards of Of- House Resolution 91. There are, how- he finds himself mentioning campaign ficial Conduct, $1,276,300; Committee on Trans- ever, in particular committees, various finance reform when, in fact, in the portation and Infrastructure, $5,992,229; Com- reductions which equal about $550,000 103d Congress the gentleman’s party mittee on Veterans’ Affairs, $2,084,368; and over the 2-year period of the 105th Con- controlled the House, the Senate, and Committee on Ways and Means, $5,366,700. gress. The total amount of increase for the Presidency, and during that time SEC. 3. SECOND SESSION LIMITATIONS. these committees from the 104th Con- nothing was presented to the Presi- (a) IN GENERAL.—Of the amount provided for in section 1 for each committee named in sub- gress to the 105th Congress is 4 percent. dent. section (b), not more than the amount specified That is 2 percent a year; 1997, 1998. In this particular congressional situ- in such subsection shall be available for ex- The committees determine for them- ation, Republicans have control of the penses incurred during the period beginning at selves the distribution of the expendi- House and the Senate and his party noon on January 3, 1998, and ending imme- ture between the years, but in the ag- controls the Presidency. Notwithstand- diately before noon on January 3, 1999. gregate, the amount of this resolution ing that, we have moved fundamental (b) COMMITTEES AND AMOUNTS.—The commit- is a very modest increase of 2 percent a welfare reform. We are on the verge of tees and amounts referred to in subsection (a) year for the 105th Congress. are: Committee on Agriculture, $3,865,123; Com- announcing a historic budget agree- mittee on Banking and Financial Services, Mr. Speaker, I reserve the balance of ment. And if the gentleman mistakes $4,537,800; Committee on the Budget, $4,970,000; my time. the lack of movement in the commit- Committee on Commerce, $7,412,447; Committee Mr. GEJDENSON. Mr. Speaker, I tees for the lack of movement between on Education and the Workforce, $5,122,986; yield myself such time as I may the House, the Senate, and the admin- Committee on House Oversight, $3,007,746; Per- consume. istration, I can assure the gentleman manent Select Committee on Intelligence, Our greatest frustration, of course, that as the final touches are put on a $2,457,486; Committee on International Rela- was not with this portion of committee budget package, the committees will tions, $5,223,000; Committee on the Judiciary, funding. Many Members on the other $5,549,241; Committee on National Security, be more than busy. $5,002,291; Committee on Resources, $5,076,536; side of the aisle, obviously, were upset That is one of the reasons we want to Committee on Rules, $2,342,695; Committee on and I think outraged by the amount of move the financing for the committees, Science, $4,414,158; Committee on Small Busi- funding and the uncontrolled situation so that when they get the budget spe- ness, $1,970,470; Committee on Standards of Of- with the gentleman from Indiana [Mr. cifics they will be able to move rel- ficial Conduct, $1,180,000; Committee on Trans- BURTON] and his committee. In some atively quickly. portation and Infrastructure, $6,192,230; Com- other matters in this area, frankly, I do think it is important to remind mittee on Veterans’ Affairs, $2,259,792; and there are some differences on this side, my colleagues and those who are Committee on Ways and Means, $5,670,207. but generally there is not strong dis- watching and listening that at the be- SEC. 4. VOUCHERS. agreement with what the committee is ginning of the historic 104th Congress Payments under this resolution shall be made on vouchers authorized by the committee in- doing. we cut committee staff fully by one- volved, signed by the chairman of such commit- We are glad to see in general that third. We maintain that one-third re- tee, and approved in the manner directed by the some of the things that were tried are duction. We cut by about a third the Committee on House Oversight. now being returned to the way they funding for the committees, and with May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2101 modest increases we retain that reduc- campaign finance reform, the Repub- Actions speak louder than words. I tion. lican majority does not believe in know there are uses for those dollars So instead of a meaningful compari- spending limits, does not believe in that can benefit working families. I son between the 104th and the 105th limiting the amount of money in cam- find it difficult to believe that the Congress, the most meaningful com- paigns, and fundamentally we cannot committees need such an increase in parison would be between the 103d and have reform unless we are ready to staff. The majority’s meager agenda so the 105th. And if we compare commit- limit the amount of money in cam- far in this Congress certainly does not tee funding under the last Democratic paigns. warrant it, and I will vote against majority Congress and this, the second As far as the operations of the House, House Resolution 129. Republican Congress, we will find that there are certainly operations in the Mr. THOMAS. Mr. Speaker, I yield funding has been cut by more than 20 Clerk’s office and in HIR that are not such time as he may consume to the percent. working as well as they were prior to gentleman from Ohio [Mr. NEY], the So although we sometimes get all the reforms. We hope you get there vice chairman of the Committee on wrapped up on narrow numbers and and there are always some bumps in House Oversight. talk about a modest 4-percent increase the road in going through this process, Mr. NEY. Mr. Speaker, H. Res. 129 au- for these committees from the 104th to but it seems to me there are some thorizes $149.9 million over 2 years for the 105th, we should not lose sight of things that still need to be fixed here. the basic operation of 18 House com- the fact that there was an enormous Again I think among the most impor- mittees in the 105th Congress. I think reduction both of staff and of the cost tant issues we could be discussing it is important to note today that this of the committees. Major legislation today would be campaign finance re- is a $46.3 million decrease from the au- has gone through the committees and, form, and there are a number of very thorized level in the 103d Congress, a in fact, arrived on the President’s desk positive proposals out there. I am now 24-percent reduction. Let me repeat and was signed. working on a $100 spending limit, that, Mr. Speaker. This is a $46.3 mil- Not to mention the significant num- which I think would really give people lion decrease. This allows the U.S. ber of changes that were long overdue confidence that they could be signifi- House to continue officially to operate in the way in which the House has been cant players in the political process, no on behalf of the taxpayers the commit- run, including the first ever audit, the more than $100, a $100 dollar bill would tees that are established here in Con- follow-up audit, and now audits becom- be the limit. We would not have $10,000 gress, but also due to the great guid- ing rather routine, when, in fact, in the or $100,000 contributions. But we can- ance of the gentleman from California history of the House there had never not discuss that on the floor generally [Mr. THOMAS], our chairman, and the been a private-public audit before. and move on it until the majority gives members of the committee, we have a So when the gentleman looks for ar- us a rule or allows us to bring the bill fiscally responsible plan that provides guments, I find it ironic that he fo- to the floor. a decrease, yet allows us to do our du- So as happy as we are to see the com- cuses on the fact that while the Presi- ties and to carry forth the process of mittee moving, and they made some dent and the leaders of the House and the committee. the Senate are at this moment working progress on the disbursement of funds, Historically, Mr. Speaker, I would to craft a historic document, he points it seems to me that some of the fun- like to mention this today, the minor- to the fact that committees are not damental issues not only are far from ity party was funded far below the one- reaching the floor of the House but we moving product for the sake of appear- third targeted amount that we are try- find ourselves with a Republican ma- ing to be busy. ing to achieve in this new Congress. In jority not even believing in the basic One of the things you will find under 1991, the minority party was funded at principles that are necessary to move this majority in both the House and 19 percent. In 1993, the minority party the debate forward. Are we ready to the Senate is that it is not necessarily was funded at 18.5 percent. Beginning limit large contributions? Are we ready quantity that counts, it is the quality in 1994, with the 104th Congress, not to limit it to $100 so that every Amer- of the work that we do that counts only were we able to again decrease the ican can participate on a relatively most. amount of funding to the committees, Mr. Speaker, I reserve the balance of equal level, or do we want to keep but we were able to start the process of my time. those $10,000, $100,000 contributions? Mr. GEJDENSON. Mr. Speaker, I When the Republican majority having the funding begin to rise for the yield myself such time as I may brought out a campaign finance bill in minority on the committee. In 1994, the consume. the last Congress, they took the limits minority party was funded at 21 per- I would like to take my friend up on off. They wanted to increase how much cent, and in 1995, the minority party his discussion of campaign finance re- wealthy individuals could give to cam- was funded around 29 percent. These form and say several things: paigns. If you believe the problem in are averages, Mr. Speaker, of the entire One, in the two previous Congresses the American political system is that committee funding. to the Republican majority, the House wealthy people do not have enough ac- Let me give just a few details. There of Representatives did pass comprehen- cess to government, you have been on are 7 committees that the minority sive campaign finance reform, which I another planet. What we need to do is staff is funded at 33 percent or more, led the effort in in the Congress. Prior find another way to make sure that far above the 19 percent type of average to President Clinton’s election, Presi- every American has equal access to the that we were dealing with in 1993 and dent Bush, at the behest of many of the political process, to make sure that we 1994. So there are 7 committees that Republican Members in this Congress, limit even the appearance of things the minority staff is funded at 33 per- vetoed the bill. that look bad, and that is why we are cent or more. There are 7 committees In the first term of President Clin- hoping to see that kind of bill. that the minority staff is funded at 25 ton, where we finally had a President Mr. Speaker, I yield 1 minute to the percent to 32 percent funding. And who said he would sign campaign fi- gentleman from Texas [Mr. LAMPSON]. there is one committee that the minor- nance reform and encouraged us to Mr. LAMPSON. I thank the gen- ity staff is funded at 20 percent to 24 pass it, and indeed we did pass it in the tleman for yielding time. percent. There are no committees that House, and it violates House rules to Mr. Speaker, when the majority it is funded less than 20 percent. mention a particular Senator in the party was in the minority, they did Our goal is to have the minority other body, but there was a Senator complain about the size of government. funded at one-third and we are not far from Kentucky who is still there who Now they seek an outrageous increase from that goal. It has been hard in is threatening again to kill finance re- in the dollars spent on their own per- some cases to achieve it but, frankly, form if it ever got out of this institu- sonal political fiefdoms. It begs the previous to the 104th Congress, the mi- tion. question of whether the majority’s sup- nority was so low in most of the cases posed concern about the size of govern- that it is tough to build that base back b 1100 ment was a core belief or just political up. But there is an even more important rhetoric, particularly after a promised What do we have? We have promises issue at hand here. When we talk about freeze. that we have made and promises that H2102 CONGRESSIONAL RECORD — HOUSE May 1, 1997 we have kept. We promised to cut the Mr. THOMAS. Mr. Speaker, I yield 5 we have been doing in our committees. committee staff, and we did that. In minutes to the gentleman from Michi- They are receiving a lot of careful con- the 103d Congress, the approximate gan [Mr. EHLERS], a valued member of sideration. The floor action has been number of committee staff was 1,645. In the Committee on House Oversight. less than overwhelming, simply be- the 104th Congress, we reduced it by (Mr. EHLERS asked and was given cause so much work is being done in one-third, to 1,100. This is a good pro- permission to revise and extend his re- committees, but that work will come posal we have today, and I would sure- marks.) to the floor very shortly. ly credit the gentleman from Califor- Mr. EHLERS. I thank the gentleman I am very pleased to rise in support nia [Mr. THOMAS], the chairman, and for yielding me this time. of this proposal and to recommend that the members of the committee for Mr. Speaker, it is a pleasure to ad- the House adopt what is a fair funding being so responsible and for also con- dress this topic. It is one that we have proposal for the committees, one that ducting the business of the House in a spent a good deal of time on in the conservatives and liberals alike should fiscally responsible manner. Committee on House Oversight. As welcome as an example of how we can Mr. GEJDENSON. Mr. Speaker, I most of the Nation knows, when the use the taxpayers’ money to get the job yield such time as she may consume to Republicans took over the House of done at much less cost than we had be- the gentlewoman from Michigan [Ms. Representatives, we put in some dras- fore. KILPATRICK], a member of the commit- tic budget cutting measures. In fact, Mr. GEJDENSON. Mr. Speaker, I tee. we saved $210 million from our congres- yield such time as he may consume to Ms. KILPATRICK. Mr. Speaker, I sional budget for the people of the the gentleman from Maine [Mr. thank my colleague from Connecticut United States of America in the last ALLEN]. for yielding me this time to address session. That is the larger cut than we Mr. ALLEN. Mr. Speaker, I rise our committee resolution. applied across the board to any Federal today in opposition to the committee I do want to thank the gentleman agency. funding resolution. The majority seeks from California [Mr. THOMAS], the In other words, we felt we should lead to increase committee funding by $22 chairman, and our ranking member for the way in this Congress and in this million, or 14 percent over the level the experiences I have enjoyed as we committee by cutting our own budget that was spent last year. Yet last week worked through the committee resolu- first. We cut committee staff by one- the majority cut $38 million from the tion. I am very hopeful that as we third. I am pleased with the amount of President’s budget request for Women, move to our implementing of the reso- work that we have been able to do in Infants and Children, one of our most lution that the minority in fact will spite of that cut. I have heard the news successful programs. That $38 million get the one-third that is necessary for media saying that the Congress is not reduction in the President’s request es- us to carry out our business. It is im- doing anything. I do not know where sentially would deny 180,000 women and portant as I serve in this 105th Con- they are. Maybe they are sitting in the gress that we are all able to partici- children the most basic nutrition and coffee shops instead of coming to the health assistance. pate, that we are all able to represent committee meetings I am in. I have those who have sent us here, and I am These Republican priorities are em- spent hours and hours in the Commit- barrassing. Twenty-two million more really anxious that the committees can tee on Science, of which I am a mem- get off and get into doing their work. for House committees and investiga- ber. I have spent hours in the Commit- tions, $38 million less than is needed We have got a lot of work ahead of us. tee on Transportation and Infrastruc- I wish this bill were before us that for mothers and infants. Study after ture, where we are working on the for- study has found that the WIC Program would solve the problems of campaign mula for funding ISTEA, the Inter- finance, but the fact of the matter is it successfully increases low birth modal Surface Transportation Effi- does nothing, it absolutely does noth- weights and reduces infant mortality ciency Act, which is a major piece of ing to change what we do need, which and child anemia. The first 3 years of a legislation up for reauthorization this is a major overhaul in campaign fi- child’s life are critically important for year. I just came to the floor to speak nancing. What it will do is provide a child’s intellectual and emotional de- while sitting in a hearing in the Sub- committees the monetary assistance velopment. Good nutrition is a strong committee on Aviation dealing with they need to carry on the business of component of that equation. The GAO war risk insurance, something that their committees. reports that each dollar invested in I am hopeful that as we move into must be addressed soon. But in the WIC prenatal care saves $3.50 in later the Congress, we will again address the Committee on Science in particular, expenses in Medicaid. AT&T’s CEO families first agenda. That will include my schedule has been full, as has been Robert Allen called WIC the health good housing, adequate education, the schedule of every member of the care equivalent of a triple A invest- clean environment, water, air, all those Committee on Science. We have re- ment. It is. Millions more for House kinds of things, good-paying jobs. I am ported out approximately 10 bills for committees and investigations, mil- anxious that this 105th Congress get action on the floor, most of which have lions less than is needed for 180,000 into those. been taken up on the floor, with one women and children. Those are the Today we will be debating H.R. 2, major piece still remaining to be con- wrong priorities. That is deplorable. which is the new housing comprehen- sidered. And we have been able to do Mr. Speaker, I urge my colleagues to sive legislation. It has a lot of prob- all this and do quality work after hav- vote no on the committee funding reso- lems. I hope that as we go into this de- ing cut the staffs of our committees by lution. bate, as we give the committees the one-third. In other words, we have got- b 1115 moneys they need to do their work, ten rid of the fat and we are down to that we remember, the American peo- the bone, and we are doing good work Mr. GEJDENSON. Mr. Speaker, I ple want action from this Congress. with the bone that is left. yield such time as she may consume to They want us to provide the leadership In regard to the proposal before us, the gentlewoman from Michigan [Ms. that this country needs so that our the committee funding proposal, we are STABENOW]. children can be educated, our seniors talking about an average 2 percent per Ms. STABENOW. Mr. Speaker, I can be safe, good jobs return to this year increase, below the cost-of-living would rise also with grave concern country and that the environment is increase, below the increase that is today about the committee funding safe. being given to all Federal employees resolution that is before us. We are in Again I want to thank the gentleman and Federal retirees, below the in- the final discussions, I understand, from California [Mr. THOMAS] for his crease that is being given to Social Se- concerning the budget. Very difficult leadership and the gentleman from curity recipients. I think it is remark- decisions are having to be made, prior- Connecticut [Mr. GEJDENSON], our able that we would cut our staff by ities are having to be set, and when I ranking member, for providing us the one-third in the last session, and have look at my constituents in the 8th Dis- opportunity. Let us move on with the a below-cost-of-living increase in this trict in Michigan, I want to be able to work of the Congress and do what the session, and still be able to do the say that my priority was on the WIC people require it to do. amount and the quality of work that Program that was just discussed by my May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2103 good friend from Maine on the opportu- the committees, I only wish my col- give up on some of their what I would nities for families to send their chil- leagues had been here in the 103d so consider foolish economic desires to dren to college, making sure that they they could have castigated their lead- balloon the deficit in the outyears and have technology in their schools and ers at that time for wanting to spend thereby again endangering our ability they are prepared for the jobs for the and, in fact, spending $223 million. We to educate our young, to give them future, have good jobs and that all fam- are spending $45 million less than the proper health care, and to build the ilies have opportunities to cover their amount that was spent when the gen- kind of road blocks to economy that we children with health care. tlewoman’s party was in the majority. have had under President Clinton’s Mr. Speaker, my concern is that So I understand they have to find leadership. when we look at this funding resolu- some reason to oppose reasonable legis- There is one other area that I would tion in total, we are looking at over a lation, but it really does make it dif- like to bring us back to, and again as 14-percent increase in the amount of ficult when they have no historical per- much as I enjoy the discussion here dollars going to fund our own commit- spective because frankly since the Re- today, I think we ought to have meati- tees. I would agree with my good friend publicans have become the majority in er issues before us that have been from Michigan that we are working January 1995, if they want to look at avoided in this Congress. Campaign fi- hard in the Committee on Science, we the larger picture not in terms of a nance reform is still without a date to are working hard in a number of com- government program, but in terms of come to this floor. Under President mittees and reporting bills, but we the economy which after all is the en- Clinton’s first year in office the Demo- have been doing just fine reporting gine that makes this system go, the crats brought campaign finance reform those bills and working hard without a deficit has been cut in half from $203 to the floor of this House and passed it. 14-percent increase in the committee billion in 1994 to about $70 billion this We had passed it, as I said earlier, funding bill. year. Welfare rolls have been decreased through the House and Senate in the If I were to ask my constituents by 20 percent. Violent crime has been previous Congress, but it was vetoed by whether they would prefer that we hire reduced by 5 percent. Unemployment President Bush. Then we find ourselves more staff here at the Capitol or has dropped by 10 percent. The poverty in the next Congress under President whether or not we provide more oppor- rate has declined. And in the stock Clinton’s leadership; it is filibustered tunities for their children to go to col- market, the Dow Jones average has al- to death in the Senate. Now they will lege, I know where the votes would be, most doubled. It is not a coincidence not even bring it to the floor. I know where my constituents would that all this has happened since the Re- In the last Congress, when my friend be telling me to vote, and that is why publicans became a majority in Janu- brought a campaign finance reform bill today I cannot support this kind of a ary 1995. to the floor, it had no spending limit. tremendous increase in this bill and I It is always possible to find one spe- Ask anybody out there in America did would strongly urge all of my col- cific reason to choose to vote ‘‘no.’’ Ac- they think the problem in campaigns is leagues on both sides of the aisle to tually the more responsible position in there is not enough money in it. take another look at what our real pri- the opinion of this gentleman is to orities are. look at the aggregate and say what we I love my Republican friends. They This is not about the internal work- have done with one-third fewer staff talk about education; they say, well, ings of Congress and increasing em- and one-third fewer resources is quite we cannot throw money at it. They ployees, increasing staff. If we have to remarkable. talk about health care and children in work a little harder, fine. My constitu- Mr. Speaker, I reserve the balance of need; they say we cannot throw money ents are working very, very hard every my time. at it. When it comes to campaigns, day working hard on behalf of their Mr. GEJDENSON. Mr. Speaker, I they say we need more money. The families, and my priorities are with yield myself such time as I may Speaker, the gentleman from Georgia them. consume. [Mr. GINGRICH] says I need more Mr. THOMAS. Mr. Speaker, I yield Mr. Speaker, I am just stunned to money. When they talk about reform myself such time as I may consume. hear my friend from California endors- they raise how much wealthy individ- Mr. Speaker, I find it interesting ing President Clinton’s agenda and his uals can give. That is not reform. We that the last two speakers who both in- successes, and it is so nice to see him ought to limit campaign spending. No- dicated that they were going to vote recite all the advances that have oc- body should be able to give more than against the funding resolution are curred under this Democratic Presi- a hundred dollars. We ought to do it by freshmen and therefore they have had dent. law; we cannot do it individually. We no experience in what the Congress has Now he did not give the President have got to find a way to deal with looked like when their party was in the any credit, but we cannot expect him independent expenditures and issue ad- majority. I appreciate the gentle- to go that far. But it is at least a re- vocacy. We have got to end soft money. woman from Michigan indicating that freshing opportunity to hear him point But we cannot do any of that, Mr. she is working hard in the Committee out that under the Democratic leader- Speaker, unless we have an oppor- on Science, and there is a 14-percent in- ship of President Clinton we have made tunity to bring the bill to the floor. crease. The record shows the Commit- tremendous progress from the setting Mr. Speaker, I reserve the balance of tee on Science has increased 3 percent. of budget priorities that began with my time. the Democratically-controlled Con- It is 3 percent for the 105th Congress; Mr. Speaker, I yield such time as he 1 gress and the President’s first day in that is 1 ⁄2 percent a year. may consume to the gentleman from The cost of living, which is certainly office, and he has kept us on track. He Maryland [Mr. HOYER], a member of not automatic, and although the chair- has prevented some of the egregious the committee and one of our hardest men will probably vote where it is ap- kinds of policies that we found in the working Members, I might add. propriate for a cost of living for the early Reagan years, which frankly employees is about 2.3 percent. So it is some of this budget debate and the Re- Mr. HOYER. Mr. Speaker, I thank obvious that the employees working publican demands seem to want to re- the ranking member for yielding this for that committee will not within the instate tax cuts that will cost the time to me. budget increase find enough money to Treasury upwards of $250 billion in the Mr. Speaker, I want to follow up on cover a COLA. outyears which will once again balloon what the gentleman said, because the But what I would really like to re- the deficit. Their solution, of course, is chairman of our committee who works mind the freshmen Members on the mi- to give the richest another tax break very hard and is very knowledgeable on nority side is that when their party while the poorest and the working poor this institution references the progress was in the majority the most recent are once again disadvantaged. that has been made over the last 5 Congress, being the 103d Congress, We are happy to see the Republicans years, and I think that ought not to go spent $223 million on staff and the com- recognize the wisdom of President without being referenced. mittees. So if they are unwilling to Clinton’s budget priority and policies When in 1993 we adopted the eco- support a $177 million cost for running today. We just hope that they would nomic program of this administration, H2104 CONGRESSIONAL RECORD — HOUSE May 1, 1997 to a person, to a person, the then-mi- Now what did that mean? That dollar amounts. But let us be clear: Ir- nority party stood and said the adop- meant detailees from various agencies respective of the amount in this fund- tion of this program will lead effec- were sent to committees for the pur- ing resolution, the chairman did in fact tively to the ruination of America’s poses of working on substantive issues point to what is important, and what is economy. To a person. The chairman of of which they had knowledge. important is the policies adopted that the Committee on the Budget now, the Well, lo and behold, the Republican have affected the quality of life in gentleman from Ohio [Mr. KASICH], revolution said that was wrong, it was America. stood and said this is going to lead to obfuscation, it was hiding the actually In 1993 President Clinton came forth high unemployment, high inflation and costs. And so what did they do? They with an economic program, very con- a ruinous economy. The gentleman said we are not going to allow that troversial, and opposed to a person by from Texas [Mr. ARMEY], who tells us anymore. the now majority party, the then mi- repeatedly that he is an economist, Lo and behold, my colleagues of this nority party, with the observation that said to the President and said on the House, particularly those who came as it would lead to disaster. In fact, as the floor of this House that the adoption of freshmen in the revolution; lo and be- chairman has very appropriately noted, that economic program would lead to hold, there is $5-plus million in this not only has it not led to disaster, it disaster for America’s future. budget resolution which we do not see. has led to high employment, low unem- Mr. Speaker, it is refreshing and hon- It is not included, it is not computed in ployment, low inflation, higher work- est to hear in fact the opposite has oc- the figure. Why? Because we have now ing standards, a better dollar; in fact, a curred. The gentleman from California changed our policy and we have said dollar that is so strong that perhaps we [Mr. THOMAS], a member of the Com- well, maybe we will allow detailees to are going to have to evaluate whether mittee on Ways and Means, has just be funded by agencies but to be utilized or not we made the economy too ticked off where this economy now by committees. strong. I read in this morning’s paper, stands, not because of anything that My, my, my. Five million dollars in those who have talked about growth was adopted in 1995 or 1996. As a matter addition to the $7.9 million that does over and over and over and talked last of fact, the now-majority party la- not show up in the committee budgets. Congress about how slow the growth ments the fact that the President did Now, as I said at the beginning, Mr. was, I am sure we are glad to see that not allow them, as a result of vetoes, Speaker, these funding resolutions can we had a 5.6 or 5.1, I am not sure which, to enact their program so that they be demagogued on both sides, and are GDP growth in the last quarter. cannot honestly claim credit for the I say to my colleagues of this House, historically. performance of this economy. whether we adopt this funding resolu- And in point of fact, as Alan Green- b 1130 tion, and I presume we are going to, span, appointed by George Bush, not by I do not like to participate in that. I any funding resolution will be con- a Democrat, observed, this economy is think the gentleman from California troversial. I know that there will be in the best shape that he has seen it in [Mr. THOMAS] has tried to come to some of my colleagues, rightfully, who in over 3 decades. He so testified before grips, and from his side of the aisle, will want to make a statement that the Joint Economic Committee. there are obviously disagreements being penny wise and pound foolish by Yes, we consider a budget resolution within his own caucus. Some say that increasing spending on the operations for the committees of this House. As it ought to be far less and some say it of the House of Representatives, while my colleagues know, it is always in my ought to be more. That is the dynamics at the same time reducing by a factor experience somewhat of a political ex- of funding enterprises where we are of $38 million assistance to women, in- ercise; the majority party points out trying to come to grips with an admin- fants, and children, which every side of how fiscally responsible they are being, istration, an executive department of the argument agrees has a tremen- and very frankly the minority party government that has gotten at least dously positive payoff for children and says, ‘‘Well, you’re being a little hypo- $550 billion, which this Congress has families and for America, is an appro- critical.’’ I really do not want to get the responsibility of overseeing. priate debate. And some of my col- too engaged in that debate. We suggest a budget over two years leagues will want to vote ‘‘no’’ on this, Mr. Speaker, I think that this fund- to make that very point that our prior- ing resolution is relatively reasonable. of about $180 million to do that. I do not think the taxpayer, when they re- ities are skewed. I have disagreements with parts of it. Mr. Speaker, I want to say that as we late that $540 billion or $50 million of Very frankly, I think we are substan- do vote on this funding resolution, let discretionary spending in the executive tially wasting the taxpayers’ money, us on both sides of the aisle stop department, is taking that a coequal wasting the taxpayers’ money by fund- demagoguing this institution, stop be- branch of government has the ability. ing this investigation in the Commit- littling this institution. This institu- I frankly want to tell the gentleman tee on Government Reform and Over- tion has a critically important func- from California [Mr. THOMAS], the sight way over what the U.S. Senate tion to carry out. We are the people’s chairman of my committee, the Com- said was necessary to come to grips House, elected every two years, closest mittee on House Oversight, I thought with the facts, and in fact, unlike the to the people, to carry out the func- Senate who more honestly wants to $222 million was an appropriate sum. tions of adopting policy and overseeing look at the generic problem, this study Was it exactly the right sum? I do not its implementation. I think we have obviously is a partisan attempt to em- know that, but the fact of the matter done that reasonably well; not per- barrass the President of the United is, I did not think it was out of line fectly by any stretch of the imagina- States, not to come to grips with what with this Congress’s responsibility to tion. the facts are, as the U.S. Senate stud- oversee the operations of the executive But as we move forward on the de- ied much broader in scope and much department, Republican or Democrat. bate, which I guess now is going to con- cheaper in cost. Our constituents expect us to know clude on this funding resolution, let us Then, of course, we have this inter- what is going on. Our constituents ex- understand that under the Democratic esting device, the $7.9 million extra pect us to know what are the proper administration and the democratically fund. Mr. Speaker, that does a number amounts that we ought to fund. Our controlled House and Senate, America, of things. No. 1, it allows committees constituents expect us to know what in the last five years has seen its defi- to report that they are getting less the authorizing committees should do cit come down dramatically to a third money than ultimately they may get. in oversight, in exercising the appro- of what it was when we took over, and No. 2, I would suggest to those who are priate amount of care and diligence in its economy grow substantially to the very concerned about the reforms that determining whether the executive benefit of its citizens and indeed the have been brought to bear by the Re- agencies are, in fact, operating effec- world. publican revolution in 1995 when they tively, honestly, within their budget, Mr. GEJDENSON. Mr. Speaker, I said one of the things the Democrats and spending the taxpayers’ money ap- yield myself such time as I may are doing, my colleagues, is allowing propriately. consume. agencies, horrors, to fund committee That was a good investment. We can I will be very brief at this point and staff. argue back and forth on the specific just close by saying that, in following May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2105 up on what my colleague from Mary- going on. But we are criticized because and the Democratic and Republican leader- land said, that what we do here is very we do not rush to the floor with a solu- ship for their diligence and hard work in bring- important. Our responsibility here is to tion to whatever the problem is, be- ing forward this resolution today. Striking a fight for the men and women back in cause we have not had a chance to ex- happy balance with committee budgets is a our districts, many of whom are still amine it. But obviously the minority, difficult and thankless job. going through very difficult times which has no responsibility in dealing Mr. Chairman, I will vote for this resolution. around the country, whether it is with this, loves to get up and say ‘‘We It is a step in the right direction, allowing our floods in one part of the country, or in want it both ways.’’ committee to begin recovering from the large my part still recovering from the eco- The gentleman from Maryland [Mr. budget cuts of 2 years ago. nomic pressures of the end of the cold HOYER] criticized the fact that we have Historically, the work of the Congress in- war and reduced defense spending, try- detailees. The problem, I would tell the creases in direct proportion to the enormity of ing to get through the change from de- gentleman, in the 103d Congress was the challenges facing this Nation. Getting fense to nondefense economic activi- that just one committee had more than more work done with less is always one of the ties. 100 detailees. They also had more than greatest of our challenges. The increased We do have a serious responsibility 100 staff, and they had more than 100 funding in the budget for the Committee on here, and I cannot help but be re- detailees. Transportation and Infrastructure is fully justi- minded by again what the gentleman The current policy is to limit the fied. from Maryland [Mr. HOYER] said: My detailees to 10 percent of the staff, and The committee is the largest authorizing parents left the Soviet Union and Nazi so for that committee the detailees committee in Congress. When I came to the Germany to come to this country be- would amount to the munificent num- ``Hill'' in 1963, the committee had 34 mem- cause of its Democratic institutions. ber of nine. If they do not see the dif- bers. In the 104th Congress, we had 61. While we have substantial differences ference between 100 detailees and 9, Today we have 73Ða 215-percent increase on what we ought to do, new evidence, then obviously the argument that we over 1963, and a 20-percent increase over the again as the gentleman from Maryland have detailees, without telling the 104th Congress. This is a mixed blessing, but [Mr. HOYER] said, indicates how incred- whole truth about the kind of out- definitely an indication of the interest House ibly important nutrition and other rageous policies that were present in Members have in the work of our committee. health activities are in those first sev- the 103d, means that they want it both We welcome new Members, but also we need eral years of life. Those fights are ter- ways. more resources to handle the increased work- ribly important fights, and while we I read a list of achievements since load. disagree with them on many of these January 1995, not for the last 5 years, In the 104th Congress, for the first time one issues on the other side of the aisle, it not for the last 10 years, not since committeeÐTransportation and Infrastruc- is not their honor we question. F.D.R. was President, but only since tureÐwas given jurisdiction over all modes of We question the policies that will Republicans have become the majority civil transportation. Our new jurisdiction in- make the country be the strongest, the in the House and the Senate. One of the cluded the major areas of rail, Coast Guard, most productive, and the fairest for all items I mentioned was the reduction of and maritime transportation. of its citizens, and that really is our the welfare rolls by 20 percent. As a Now we can deal more effectively with the job here, as well as making sure that matter of fact, the Democratic Presi- broader, intermodal picture which has a host we defend these institutions, not when dent signed that bill, but I can assure of problems, many of which we hope to ad- we are wrong, but from the kind of you that many of the people who have dress in the reauthorization of ISTEA this ses- easy attacks that undermine people’s spoken on the other side of the aisle sion. belief in Democratic government. did not vote for that bill. So it is with Congestion has risen on our highways to a There are still so many millions and, some degree of pleasure that I can indi- level that costs American businesses $40 bil- yes, over 1 billion people on this planet cate to my colleagues that a Repub- lion each year. Americans waste 1.6 million who would give their lives to have the lican House and a Republican Senate hours every day sitting in traffic. Democratic institutions we have. We and a Democratic Presidency are work- Airport traffic delays have strained the ca- ought not squander the trust of the ing together to change America for the pacity of 22 of our major airports, and within American people as we try to maintain better. 10 years 10 more airports will be added to this this institution, which more than any I only hope that as this President and list unless we modernize. other institution on the face of this this Congress come to an agreement on More of our ports need dredging and expan- planet represents the hopes and aspira- an historic package which will balance sion to compete in the international market- tions of free people everywhere. the budget, which will preserve and place. Our railway system needs to be more Mr. Speaker, I yield back the balance strengthen Medicare, that my col- integrated and accessible, and our only na- of my time. leagues on the other side of the aisle tional passenger rail system needs the recapi- Mr. THOMAS. Mr. Speaker, I yield will join with us, the majority, in sup- talization long promised, but never received. myself such time as I may consume. porting their President in making the Transportation policy decisions are very Frankly, this gentleman from Cali- kinds of budgetary and entitlement much a key factor to the standard of living for fornia is confused. I have to tell my and tax changes with which our Presi- every American. At last count, our national colleagues on the other side, they can- dent agrees. transportation economy accounted for 10.8 not have it both ways. Either we are So I fully understand the frustration percent of our gross domestic product. not doing the job that the people want of the minority, having been there my- Transportation safety continues to be a seri- us to do and we should fund the com- self for a number of years, they cer- ous problem. Since 1991, a staggering mittees more, or we get criticized be- tainly have the privileges, to have it 200,000 Americans have died and more than cause we are funding the committees both ways. They praise on the one hand 15 million have been seriously injured on our more because we are not doing the job and condemn on the other. I certainly highways at a cost to society of more than that we are supposed to do. am more than willing to tell them that $750 million. There has been no appreciable The gentleman from Connecticut if they believe it serves a useful pur- decline in highway fatalities in the past 10 [Mr. GEJDENSON] wants us to move pose, it is certainly their right to do years. Each and every day the equivalent of a campaign finance reform. The gen- so, but I would tell this House that major airline crash occurs on our highways in tleman from Maryland [Mr. HOYER] House Resolution 129 is a prudent fund- communities across the country. Nine out of gets up and says ‘‘the constituents ing package. It is appropriate. It is nec- 10 Americans want the Federal Government want us to know what is going on.’’ essary. I would urge a ‘‘yes’’ vote on to play a strong leadership role in highway Well, I think if anybody paid atten- House Resolution 129. safety, similar to food safety and aviation safe- tion at all in the last election, there Mr. OBERSTAR. Mr. Chairman, I rise in ty. was a lot going on in the gentleman’s support of House Resolution 129, the commit- Aviation safety, itself, is increasingly a con- party, in his national party and over at tees' funding resolution for the 105th Con- cern. Last month, the National Transportation the White House, and that if we are gress. Safety Board reported that in 1996, 380 peo- going to write meaningful campaign I do want to thank and commend the mem- ple lost their lives in airline accidents, the reform, we ought to find out what was bers of the Committee on House Oversight highest level since 1985. H2106 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Rail safety is also a serious problem. In the The vote was taken by electronic de- Berry Hinojosa Ortiz Bishop Holden Owens first 5 months of last year alone, there were vice, and there were—yeas 262, nays Blagojevich Hooley Pallone 54 serious rail accidents, including 2 in which 157, not voting 14, as follows: Blumenauer Hulshof Pappas entire towns were evacuated for 3 weeks, 3 in [Roll No. 98] Bonior Jackson (IL) Pastor which poison gas was released, and 1 in Boswell Jackson-Lee Paul YEAS—262 Boyd (TX) Payne which a train carrying 750-pound bombs de- Brown (FL) Jefferson Pelosi Aderholt Gallegly Oberstar Brown (OH) Johnson (WI) Peterson (MN) railed. Three cases involving runaway trains Archer Ganske Obey Capps Johnson, E. B. Poshard might have been prevented had the Federal Armey Gejdenson Packard Cardin Kanjorski Price (NC) Railroad Administration acted promptly on Bachus Gekas Parker Carson Kaptur Rangel Baesler Gibbons Paxon Congressional directives to reform power Clayton Kennedy (MA) Reyes Baker Gilchrest Pease Clement Kennedy (RI) Rivers brake rules. Ballenger Gillmor Peterson (PA) Clyburn Kennelly Rodriguez Safety is not a partisan issue. With added Barcia Gilman Petri Condit Kind (WI) Rothman resources our committee can conduct the Barr Gonzalez Pickering Coyne Kleczka Roybal-Allard Barrett (NE) Goodlatte Pickett oversight and produce the legislation needed Cramer Kucinich Rush Bartlett Goodling Pitts Cummings Lampson Sanchez to reverse the disturbing increase in accidents Barton Goss Pomeroy Danner Lantos Sanders in 1996. Bass Graham Porter Davis (FL) Levin Sandlin I have only touched on a sampling of trans- Bateman Granger Portman DeFazio Lewis (GA) Sawyer Bereuter Greenwood Pryce (OH) portation issues from our primary list. In this DeGette Lofgren Schumer Berman Gutknecht Quinn Delahunt Lowey Serrano Congress we also need to be dealing with a Bilbray Hall (TX) Radanovich DeLauro Luther Sherman number of intricate and technical matters in Bilirakis Hamilton Rahall Deutsch Maloney (CT) Skaggs Bliley Hansen Ramstad the areas of water resources, public buildings, Dickey Maloney (NY) Slaughter Blunt Hastert Regula and economic development. Obviously, this Dixon Manton Smith, Adam Boehlert Hastings (WA) Riggs Dooley Markey Snyder Congress will be an extremely busy one and Boehner Hayworth Riley Doyle Mascara Stabenow we need solid and thorough staff work to sup- Bonilla Hefley Roemer Edwards Matsui Stark Bono Hill Rogan port our efforts. Emerson McCarthy (MO) Stokes Borski Hilleary Rogers In addition, at a time when the Federal Gov- Engel McCarthy (NY) Strickland Boucher Hobson Rohrabacher Etheridge McDermott Tanner ernment is making drastic cutbacks, the need Brady Hoekstra Ros-Lehtinen Filner McGovern Tauscher for close congressional oversight increases Brown (CA) Horn Roukema Foglietta McIntosh Taylor (MS) Bryant Hostettler Royce dramatically. Unfortunately, there are many is- Ford McIntyre Thompson Bunning Houghton Ryun Frank (MA) McKinney Thurman sues that will receive less, or even no, atten- Burr Hoyer Sabo Frost Meehan Tiahrt tion simply because of the limits of our re- Burton Hunter Salmon Furse Meek Tierney Buyer Hutchinson Sanford sources. Gephardt Menendez Torres Callahan Hyde Saxton I can tell you as the ranking Democratic Goode Millender- Turner Calvert Inglis Scarborough Gordon McDonald Velazquez member of the Transportation and Infrastruc- Camp Jenkins Schaefer, Dan Green Minge Vento ture Committee, there are countless chal- Campbell John Schaffer, Bob Gutierrez Mink Waters Canady Johnson (CT) Scott lenges and frustrations in my job, but few Hall (OH) Moran (KS) Watt (NC) Cannon Johnson, Sam Sensenbrenner more exasperating than trying to stretch and Harman Moran (VA) Waxman Castle Jones Sessions Hastings (FL) Nadler Wexler make do with inadequate resources. My budg- Chabot Kasich Shadegg Hefner Neal Weygand et, in particular, for Democratic staff on the Chambliss Kelly Shaw Hilliard Neumann Woolsey Chenoweth Kildee Shays committee is one-third of the total personnel Hinchey Olver Wynn budget for the committee. At current funding Christensen Kilpatrick Shimkus Clay Kim Shuster NOT VOTING—14 levels, we are unable to fill two vacancies or Coble King (NY) Sisisky Coburn Kingston Skeen Andrews Istook Pombo to grant staff a cost-of-living adjustment. This Becerra Lewis (CA) Schiff is not the way to attract and retain quality, ex- Collins Klink Skelton Combest Klug Smith (MI) Davis (IL) Myrick Stupak pert, and experienced staff needed to accom- Conyers Knollenberg Smith (NJ) Fattah Oxley Yates plish the work before us. Cook Kolbe Smith (OR) Herger Pascrell Our committee badly needs the increased Cooksey LaFalce Smith (TX) b 1206 funding provided by the budget resolution. It Costello LaHood Smith, Linda Cox Largent Snowbarger Mr. KENNEDY of Rhode Island, Ms. will enhance our ability to make in-depth, in- Crane Latham Solomon DANNER, Mrs. TAUSCHER, and formed legislative judgments and to vigorously Crapo LaTourette Souder Messrs. HEFNER, DIXON, LUTHER, pursue our oversight responsibilities. Cubin Lazio Spence Cunningham Leach Spratt CONDIT, BISHOP, and DAVIS of Flor- In answering to the American people, I Davis (VA) Lewis (KY) Stearns ida changed their vote from ‘‘yea’’ to would much rather defend funding we truly Deal Linder Stenholm ‘‘nay.’’ need, than try to explain that our job didn't get DeLay Lipinski Stump Messrs. FLAKE, BARTON of Texas, done for the lack of resources. Dellums Livingston Sununu There is no doubt we have to pass this res- Diaz-Balart LoBiondo Talent MILLER of California, MCHALE, Dicks Lucas Tauzin SPRATT, MARTINEZ, and COSTELLO olution, and we should. It represents a good Dingell Manzullo Taylor (NC) faith effort under very difficult circumstances. Doggett Martinez Thomas changed their vote from ‘‘nay’’ to Accordingly, I will vote for this resolution. Doolittle McCollum Thornberry ‘‘yea.’’ Dreier McCrery Thune Mr. THOMAS. Mr. Speaker, I yield So the resolution, as amended, was Duncan McDade Towns agreed to. back the balance of my time. Dunn McHale Traficant The SPEAKER pro tempore (Mr. Ehlers McHugh Upton The result of the vote was announced LATOURETTE). Pursuant to House Reso- Ehrlich McInnis Visclosky as above recorded. English McKeon Walsh A motion to reconsider was laid upon lution 136, the previous question is or- Ensign McNulty Wamp dered on the resolution, as amended. Eshoo Metcalf Watkins the table. The question is on the resolution, as Evans Mica Watts (OK) f Everett Miller (CA) Weldon (FL) amended. GENERAL LEAVE The question was taken; and the Ewing Miller (FL) Weldon (PA) Farr Moakley Weller Mr. THOMAS. Mr. Speaker, I ask Speaker pro tempore announced that Fawell Molinari White the ayes appeared to have it. Fazio Mollohan Whitfield unanimous consent that all Members Mr. GEJDENSON. Mr. Speaker, I ob- Flake Morella Wicker may have 5 legislative days to revise ject to the vote on the ground that a Foley Murtha Wise and extend their remarks and to in- Forbes Nethercutt Wolf quorum is not present and make the Fowler Ney Young (AK) clude extraneous material on the reso- point of order that a quorum is not Fox Northup Young (FL) lution just passed. present. Franks (NJ) Norwood The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Evi- Frelinghuysen Nussle LATOURETTE). Is there objection to the dently a quorum is not present. NAYS—157 request of the gentleman from Califor- The Sergeant at Arms will notify ab- Abercrombie Allen Barrett (WI) nia? sent Members. Ackerman Baldacci Bentsen There was no objection. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2107 RECOGNITION ON RETIREMENT OF stitute printed in the bill shall be con- The text of section 105 and section TIM SHEANE sidered under the 5-minute rule by ti- 106 of the amendment, on pages 25 (Mr. THOMAS asked and was given tles and each title shall be considered through 49 of the reported bill, is as permission to address the House for 1 read. follows: minute.) Before consideration of any other Sec. 105. Community Work and Family Self-Suffi- ciency Requirements. Mr. THOMAS. Mr. Speaker, I take amendment, it shall be in order to con- sider the amendment printed in the (a) COMMUNITY WORK REQUIREMENT.— this time to recognize someone who or- (1) IN GENERAL.—Except as provided in dinarily is never recognized and, in CONGRESSIONAL RECORD on April 29, paragraph (3), each public housing agency fact, acknowledge that there are a 1997, if offered by the gentleman from shall require, as a condition of occupancy of number of people who do their jobs and New York [Mr. LAZIO] or his designee. a public housing dwelling unit by a family do them well without which this House That amendment shall be considered and of providing housing assistance under title III on behalf of a family, that each could not function. read, shall be debatable for 10 minutes, equally divided and controlled by the adult member of the family shall contribute The particular individual is a gen- not less than 8 hours of work per month (not tleman by the name of Tim Sheane, proponent and an opponent, shall not be subject to an amendment, and shall including political activities) within the who is in the Legislative Counsel’s Of- community in which the family resides, fice. He is retiring. For more than 20 not be subject to a demand for division which may include work performed on loca- years he has assisted the then-Commit- of the question. tions not owned by the public housing agen- If that amendment is adopted, the tee on House Administration and the cy). bill, as amended, shall be considered as MPLOYMENT STATUS AND LIABILITY now Committee on House Oversight in (2) E .— an original bill for the purpose of fur- The requirement under paragraph (1) may putting together the legislation nec- ther amendment. During consideration not be construed to establish any employ- essary to do the people’s business. of the bill for amendment, the Chair ment relationship between the public hous- So on behalf of the members of the may accord priority in recognition to a ing agency and the member of the family committee and the staff who have subject to the work requirement under such Member offering an amendment that worked with Tim Sheane for endless paragraph or to create any responsibility, he has printed in the designated place hours in producing work product and duty, or liability on the part of the public in the CONGRESSIONAL RECORD. Those for those like him, I would like to give housing agency for actions arising out of the amendments will be considered read. the long overdue recognition to him work done by the member of the family to The Chairman of the Committee of comply with the requirement, except to the and to all of those who do not normally the Whole may postpone until a time extent that the member of the family is ful- share the spotlight in doing the peo- during further consideration in the filling the requirement by working directly ple’s work. Committee of the Whole a request for a for such public housing agency. Mr. GEJDENSON. Mr. Speaker, will (3) EXEMPTIONS.—A public housing agency recorded vote on any amendment and shall provide for the exemption, from the ap- the gentleman yield? may reduce to not less than 5 minutes Mr. THOMAS. I yield to the gen- plicability of the requirement under para- the time for voting by electronic de- graph (1), of each individual who is— tleman from Connecticut. vice on any postponed question that (1) an elderly person: Mr. GEJDENSON. Mr. Speaker, I immediately follows another vote by (2) a person with disabilities; would like to join my colleague from electronic device without intervening (3) working, attending school or vocational California and say that, again, while training, or otherwise complying with work business, provided that the time for requirements applicable under other public oftentimes what we see here is the heat voting by electronic device on the first that comes off of partisan battles, that assistance programs (as determined by the in any series of questions shall not be agencies or organizations responsible for ad- many, if not most of the staff, work for less than 15 minutes. ministering such programs); or all the Members of the Congress. (4) otherwise physically impaired to the ex- This is a perfect example, work for UNFUNDED MANDATE POINT OF ORDER Mr. WATT of North Carolina. Mr. tent that they are unable to comply with the the good of the country, done a spec- requirement, as certified by a doctor. Chairman, pursuant to section 425 of tacular job. I would like to join the (b) REQUIREMENT REGARDING TARGET DATE the Congressional Budget Act and Im- chairman in his commendation. FOR TRANSITION OUT OF ASSISTED HOUSING.— poundment Control Act of 1974, I make (1) IN GENERAL.—Each public housing agen- f a point of order against consideration cy shall require, as a condition of occupancy of the committee amendment to the of a public housing dwelling unit by a family HOUSING OPPORTUNITY AND and of providing housing assistance under RESPONSIBILITY ACT OF 1997 bill, H.R. 2. Section 425 states that a point of title III on behalf of a family, that the fam- ily and the agency enter into an agreement The SPEAKER pro tempore. Pursu- order lies against legislation which ei- ant to House Resolution 133 and rule (included, pursuant to subsection (d)(2)(C), as ther imposes an unfunded mandate in a term of an agreement under subsection (d)) XXIII, the Chair declares the House in excess of $50 million annually against establishing a target date by which the fam- the Committee of the Whole House on State or local governments, or does not ily intends to graduate from, terminate ten- the State of the Union for the further publish prior to floor consideration a ancy in, or no longer receive public housing consideration of the bill, H.R. 2. CBO estimate of any unfunded man- or housing assistance under title III. dates in excess of $50 million annually (2) RIGHTS OF OCCUPANCY.—This subsection b 1210 may not be construed (nor may any provi- for State and local entities or in excess IN THE COMMITTEE OF THE WHOLE sion of subsection (d) or (e)) to create a right of $100 million annually for the private on the part of any public housing agency to Accordingly the House resolved itself sector. evict or terminate assistance for a family into the Committee of the Whole House Sections 105 and 106, on pages 25 solely on the basis of any failure of the fam- on the State of the Union for the fur- through 49 of H.R. 2, contain violations ily to comply with the target date estab- ther consideration of the bill (H.R. 2) of section 425 of the Congressional lished pursuant to paragraph (1). to repeal the United States Housing Budget and Impoundment Control Act. (3) FACTORS.—In establishing a target date Act of 1937, deregulate the public hous- Therefore, I make a point of order that pursuant to paragraph (1) for a family that receives benefits for welfare or public assist- ing program and the program for rental this measure may not be considered housing assistance for low-income fam- ance from a State or other public agency pursuant to section 425. under a program that limits the duration ilies, and increase community control The CHAIRMAN. The gentleman during which such benefits may be received, over such programs, and for other pur- from North Carolina [Mr. WATT] makes the public housing agency and the family poses, with Mr. GOODLATTE in the a point of order that the amendment in may take into consideration such time limit. chair. the nature of a substitute violates sec- This section may not be construed to require The Clerk read the title of the bill. tion 425(a) of the Congressional Budget any public housing agency to adopt any such The CHAIRMAN. When the Commit- Act of 1974. time limit on the duration of welfare or pub- tee of the Whole rose on Wednesday, In accordance with section 426(b)(2) lic assistance benefits as the target date pur- suant to paragraph (1) for a resident. April 30, 1997, all time for general de- of the act, the gentleman has met his (4) EXEMPTIONS.—A public housing agency bate had expired. threshold burden to identify the spe- shall provide for the exemption, from the ap- Pursuant to the rule, the committee cific language in the amendment on plicability of the requirements under para- amendment in the nature of a sub- which he predicates the point of order. graph (1), of each individual who is— H2108 CONGRESSIONAL RECORD — HOUSE May 1, 1997 (1) an elderly person: State, local, and other agencies providing as- who resides in public housing or receives (2) a person with disabilities; sistance to covered families under welfare or housing assistance under title III, a public (3) working, attending school or vocational public assistance programs, as may be nec- housing agency shall consider any decrease training, or otherwise complying with work essary, to provide for such agencies to trans- in the income of a family that results from requirements applicable under other public fer information to facilitate administration the reduction of any welfare or public assist- assistance programs (as determined by the of subsection (a) and paragraphs (2), (3), and ance benefits received by the family under agencies or organizations responsible for ad- (4) of this subsection, and other information any Federal, State, or local law regarding a ministering such programs); or regarding rents, income, and assistance that program for such assistance if the family (or (4) otherwise physically impaired to the ex- may assist a public housing agency or wel- a member thereof, as applicable) has com- tent that they are unable to comply with the fare or public assistance agency in carrying plied with the conditions for receiving such requirement, as certified by a doctor. out its functions. assistance and is unable to obtain employ- (c) TREATMENT OF INCOME CHANGES RESULT- (B) CONTENTS.—A public housing agency ment notwithstanding such compliance. ING FROM WELFARE PROGRAM REQUIRE- shall seek to include in a cooperation agree- (g) DEFINITION.—For purposes of this sec- MENTS.— ment under this paragraph requirements and tion, the term ‘‘economic self-sufficiency (1) COVERED FAMILY.—For purposes of this provisions designed to target assistance program’’ means any program designed to subsection, the term ‘‘covered family’’ under welfare and public assistance pro- encourage, assist, train, or facilitate the eco- means a family that (A) receives benefits for grams to families residing in public housing nomic independence of participants and their welfare or public assistance from a State or developments and receiving choice-based as- families or to provide work for participants, other public agency under a program for sistance under title III, which may include including programs for job training, employ- which the Federal, State, or local law relat- providing for self-sufficiency services within ment counseling, work placement, basic ing to the program requires, as a condition such housing, providing for services designed skills training, education, workfare, finan- of eligibility for assistance under the pro- to meet the unique employment-related cial or household management, apprentice- gram, participation of a member of the fam- needs of residents of such housing and recipi- ships, or other activities as the Secretary ily in an economic self-sufficiency program, ents of such assistance, providing for place- may provide. and (B) resides in a public housing dwelling ment of workfare positions on-site in such SEC. 106. LOCAL HOUSING MANAGEMENT PLANS. unit or is provided housing assistance under housing, and such other elements as may be (a) 5-YEAR PLAN.—The Secretary shall pro- title III. appropriate. vide for each public housing agency to sub- (2) DECREASES IN INCOME FOR FAILURE TO (C) CONFIDENTIALITY.—This paragraph may mit to the Secretary, once every 5 years, a COMPLY.—Notwithstanding the provisions of not be construed to authorize any release of plan under this subsection for the agency sections 225 and 322 (relating to family rental information that is prohibited by, or in con- covering a period consisting of 5 fiscal years. contributions), if the welfare or public as- travention of, any other provision of Fed- Each such plan shall contain, with respect to sistance benefits of a covered family are re- eral, State, or local law. the 5-year period covered by the plan, the duced under a Federal, State, or local law re- (d) COMMUNITY WORK AND FAMILY SELF- following information: garding such an assistance program because SUFFICIENCY AGREEMENTS.— (1) STATEMENT OF MISSION.—A statement of of any failure of any member of the family to (1) IN GENERAL.—A public housing agency the mission of the agency for serving the comply with the conditions under the assist- shall enter into a community work and fam- needs of low-income families in the jurisdic- ance program requiring participation in an ily self-sufficiency agreement under this sub- tion of the agency during such period. economic self-sufficiency program, the section with each adult member and head of (2) GOALS AND OBJECTIVES.—A statement of amount required to be paid by the family as household of each family who is to reside in the goals and objectives of the agency that a monthly contribution toward rent may not a dwelling unit in public housing of the agen- will enable the agency to serve the needs be decreased, during the period of the reduc- cy and each family on behalf of whom the identified pursuant to paragraph (1) during tion, as a result of any decrease in the in- agency will provide housing assistance under such period. come of the family (to the extent that the title III. Under the agreement the family (3) CAPITAL IMPROVEMENT OVERVIEW.—If the decrease in income is a result of the benefits shall agree that, as a condition of occupancy agency will provide capital improvements reduction). of the public housing dwelling unit or of re- for public housing developments during such (3) EFFECT OF FRAUD.—Notwithstanding the ceiving such housing assistance, the family period, an overview of such improvements, provisions of sections 225 and 322 (relating to will comply with the terms of the agree- the rationale for such improvements, and an family rental contributions), if the welfare ment. analysis of how such improvements will en- or public assistance benefits of a covered (2) TERMS.—An agreement under this sub- able the agency to meet its goals, objectives, family are reduced because of an act of fraud section shall include the following: and mission. by a member of the family under the law or (A) Terms designed to encourage and fa- program, the amount required to be paid by cilitate the economic self-sufficiency of the The first 5-year plan under this subsection the covered family as a monthly contribu- assisted family entering into the agreement for a public housing agency shall be submit- tion toward rent may not be decreased, dur- and the graduation of the family from as- ted for the 5-year period beginning with the ing the period of the reduction, as a result of sisted housing to unassisted housing. first fiscal year for which the agency re- any decrease in the income of the family (to (B) Notice of the requirements under sub- ceives assistance under this Act. the extent that the decrease in income is a section (a) (relating to community work) and (b) ANNUAL PLAN.—The Secretary shall result of the benefits reduction). the conditions imposed by, and exemptions provide for each public housing agency to (4) NOTICE.—Paragraphs (2) and (3) shall from, such requirement. submit to the Secretary a local housing not apply to any covered family before the (C) The target date agreed upon by the management plan under this section for each public housing agency providing assistance family pursuant to subsection (b) for gradua- fiscal year that contains the information re- under this Act on behalf of the family ob- tion from, termination of tenancy in, or ter- quired under subsection (d). For each fiscal tains written notification from the relevant mination of receipt of public housing or year after the initial submission of a plan welfare or public assistance agency specify- housing assistance under title III. under this section by a public housing agen- ing that the family’s benefits have been re- (D) Terms providing for any resources, cy, the agency may comply with require- duced because of noncompliance with eco- services, and assistance relating to self-suffi- ments for submission of a plan under this nomic self-sufficiency program requirements ciency that will be made available to the subsection by submitting an update of the or fraud and the level of such reduction. family, including any assistance to be made plan for the fiscal year. (5) OCCUPANCY RIGHTS.—This subsection available pursuant to subsection (c)(7)(B) (c) PROCEDURES.—The Secretary shall es- may not be construed to authorize any pub- under a cooperation agreement entered into tablish requirements and procedures for sub- lic housing agency to establish any time under subsection (c)(7). mission and review of plans, including re- limit on tenancy in a public housing dwell- (E) Notice of the provisions of paragraphs quirements for timing and form of submis- ing unit or on receipt of housing assistance (2) through (7) of subsection (c) (relating to sion, and for the contents of such plans. Such under title III. effect of changes in income on rent and as- procedures shall provide that a public hous- (6) REVIEW.—Any covered family residing sisted families rights under such cir- ing agency— in public housing that is affected by the op- cumstances). (1) shall, in conjunction with the relevant eration of this subsection shall have the (e) LEASE PROVISIONS.—A public housing State or unit of general local government, right to review the determination under this agency shall incorporate into leases under establish procedures to ensure that the plan subsection through the administrative griev- section 226, and into any agreements for the under this section is consistent with the ap- ance procedure established pursuant to sec- provision of choice-based assistance under plicable comprehensive housing affordability tion 110 for the public housing agency. title III on behalf of a family— strategy (or any consolidated plan incor- (7) COOPERATION AGREEMENTS FOR ECONOMIC (1) a provision requiring compliance with porating such strategy) for the jurisdiction SELF-SUFFICIENCY ACTIVITIES.— the requirement under subsection (a); and in which the public housing agency is lo- (A) REQUIREMENT.—A public housing agen- (2) provisions incorporating the conditions cated, in accordance with title I of the Cran- cy providing public housing dwelling units or under subsection (c). ston-Gonzalez National Affordable Housing housing assistance under title III for covered (f) TREATMENT OF INCOME.—Notwithstand- Act; and families shall make its best efforts to enter ing any other provision of this section, in de- (2) may, at the option of the agency, sub- into such cooperation agreements, with termining the income or tenancy of a family mit a plan under this section together with, May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2109 or as part of, the comprehensive housing af- the public housing agency governing mainte- the economic and social self-sufficiency of fordability strategy (or any consolidated nance and management of housing owned residents assisted by the programs of the plan incorporating such strategy) for the rel- and operated by the agency, and manage- agency, including rent structures to encour- evant jurisdiction, and for concomitant re- ment of the public housing agency and pro- age self-sufficiency. view of such plans submitted together. grams of the agency, including— (13) SAFETY AND CRIME PREVENTION.—A (d) CONTENTS.—An annual local housing (A) a description of the manner in which plan established by the public housing agen- management plan under this section for a the agency is organized (including any con- cy, which shall be subject to the following public housing agency shall contain the fol- sortia or joint ventures) and staffed to per- requirements: lowing information relating to the upcoming form the duties and functions of the public (A) SAFETY MEASURES.—The plan shall pro- fiscal year for which the assistance under housing agency and to administer the oper- vide, on a development-by-development this Act is to be made available: ating fund distributions of the agency; basis, for measures to ensure the safety of (1) NEEDS.—A statement of the housing (B) policies relating to the rental of dwell- public housing residents. needs of low-income and very low-income ing units, including policies designed to re- (B) ESTABLISHMENT.—The plan shall be es- families residing in the community served duce vacancies; tablished, with respect to each development, by the agency, and of other low-income fami- (C) housing quality standards in effect pur- in consultation with the police officer or of- lies on the waiting list of the agency (includ- suant to sections 232 and 328 and any certifi- ficers in command for the precinct in which ing the housing needs of elderly families and cations required under such sections; the development is located. disabled families), and the means by which (D) emergency and disaster plans for public (C) CONTENT.—The plan shall describe the the agency intends, to the maximum extent housing; need for measures to ensure the safety of practicable, to address such needs. (E) priorities and improvements for man- public housing residents and for crime pre- (2) FINANCIAL RESOURCES.—A statement of agement of public housing, including initia- vention measures, describe any such activi- financial resources available for the agency tives to control costs; and ties conducted, or to be conducted, by the the planned uses of such resources that in- (F) policies of the agency requiring the loss agency, and provide for coordination be- cludes— or termination of housing assistance and tween the public housing agency and the ap- (A) a description of the financial resources tenancy under sections 641 and 642 (relating propriate police precincts for carrying out available to the agency; to occupancy standards for federally assisted such measures and activities. (B) the uses to which such resources will be housing). (D) SECRETARIAL ACTION.—If the Secretary committed, including all proposed eligible (6) GRIEVANCE PROCEDURE.—A statement of determines, at any time, that the security and required activities under section 203 and the grievance procedures of the agency under needs of a development are not being ade- housing assistance to be provided under title section 110. quately addressed by the plan, or that the III; (7) CAPITAL IMPROVEMENTS.—With respect local police precinct is not complying with (C) an estimate of the costs of operation to public housing developments owned or op- the plan, the Secretary may mediate be- and the market rental value of each public erated by the agency, a plan describing the tween the public housing agency and the housing development; and capital improvements necessary to ensure local precinct to resolve any issues of con- (D) a specific description, based on popu- long-term physical and social viability of the flict. If after such mediation has occurred lation and demographic data, of the unmet developments. and the Secretary determines that the secu- affordable housing needs of families in the (8) DEMOLITION AND DISPOSITION.—With re- rity needs of the development are not ade- community served by the agency having in- spect to public housing developments owned quately addressed, the Secretary may re- comes not exceeding 30 percent of the area or operated by the agency— quire the public housing agency to submit an median income and a statement of how the (A) a description of any such housing to be amended plan. agency will expend grant amounts received demolished or disposed of under subtitle E of (14) ANNUAL AUDIT.—The results of the under this Act to meet the housing needs of title II; and most recent fiscal year audit of the agency such families. (B) a timetable for such demolition or dis- required under section 541(b). (3) POPULATION SERVED.—A statement of position. (15) TROUBLED AGENCIES.—Such other addi- the policies of the agency governing eligi- (9) DESIGNATION OF HOUSING FOR ELDERLY tional information as the Secretary may de- bility, admissions, and occupancy of families AND DISABLED FAMILIES.—With respect to termine to be appropriate for each public with respect to public housing dwelling units public housing developments owned or oper- housing agency that is designated— and housing assistance under title III, in- ated by the agency, a description of any de- (A) under section 533(c) as at risk of be- cluding— velopments (or portions thereof) that the coming troubled; or (A) the requirements for eligibility for agency has designated or will designate for (B) under section 533(a) as troubled. such units and assistance and the method occupancy by elderly and disabled families (16) ASSET MANAGEMENT.—A statement of and procedures by which eligibility and in- in accordance with section 227 and any infor- how the agency will carry out its asset man- come will be determined and verified; mation required under section 227(d) for such agement functions with respect to the public (B) the requirements for selection and ad- designated developments. housing inventory of the agency, including missions of eligible families for such units (10) CONVERSION OF PUBLIC HOUSING.—With how the agency will plan for the long-term and assistance, including any preferences respect to public housing owned or operated operating, capital investment, rehabilita- and procedures established by the agency by the agency, a description of any building tion, modernization, disposition, and other and any outreach efforts; or buildings that the agency is required, needs for such inventory. (C) the procedures for assignment of fami- under section 203(b), to convert to housing (e) CITIZEN PARTICIPATION.— lies admitted to dwelling units owned, assistance under title III or that the agency (1) PUBLICATION OF NOTICE.—Not later than leased, managed, operated, or assisted by the voluntarily converts, an analysis of such 45 days before the date of a hearing con- agency; buildings required under such section for ducted under paragraph (2) by the governing (D) any standards and requirements for oc- conversion, and a statement of the amount body of a public housing agency, the agency cupancy of public housing dwelling units and of grant amounts under title II to be used for shall— units assisted under title III, including resi- rental assistance or other housing assist- (A) publish a notice informing the public dent screening policies, standard lease provi- ance. that the proposed local housing management sions, conditions for continued occupancy, (11) HOMEOWNERSHIP ACTIVITIES.—A de- plan or amendment is available for inspec- termination of tenancy, eviction, and condi- scription of any homeownership programs of tion at the principal office of the public tions for termination of housing assistance; the agency under subtitle D of title II or sec- housing agency during normal business (E) the procedures for maintaining waiting tion 329 for the agency and the requirements hours and make the plan or amendment so lists for admissions to public housing devel- and assistance available under such pro- available for inspection during such period; opments of the agency, which may include a grams. and system of site-based waiting lists under sec- (12) ECONOMIC SELF-SUFFICIENCY AND CO- (B) publish a notice informing the public tion 224(c); ORDINATION WITH WELFARE AND OTHER APPRO- that a public hearing will be conducted to (F) the criteria for providing and denying PRIATE AGENCIES.—A description of— discuss the local housing management plan housing assistance under title III to families (A) policies relating to services and amen- and to invite public comment regarding that moving into the jurisdiction of the agency; ities provided or offered to assisted families, plan. and including the provision of service coordina- (2) PUBLIC HEARING.—Before submitting a (G) the fair housing policy of the agency. tors and services designed for certain popu- plan under this section or a significant (4) RENT DETERMINATION.—A statement of lations (such as the elderly and disabled); amendment under section 107(f) to a plan, a the policies of the agency governing rents (B) how the agency will coordinate with public housing agency shall, at a location charged for public housing dwelling units State, local, and other agencies providing as- that is convenient to residents, conduct a and rental contributions of assisted families sistance to families participating in welfare public hearing, as provided in the notice pub- under title III and the system used by the or public assistance programs; lished under paragraph (1), regarding the agency to ensure that such rents comply (C) how the agency will implement and ad- public housing plan or the amendment of the with the requirements of this Act. minister section 105; and agency. (5) OPERATION AND MANAGEMENT.—A state- (D) any policies, programs, plans, and ac- (3) CONSIDERATION OF COMMENTS.—A public ment of the rules, standards, and policies of tivities of the agency for the enhancement of housing agency shall consider any comments H2110 CONGRESSIONAL RECORD — HOUSE May 1, 1997 or views made available pursuant to para- b 1215 mandates as defined by the Unfunded graphs (1) and (2) in preparing a final plan or Mr. WATT of North Carolina. Mr. Mandates Reform Act, in other parts of amendment for submission to the Secretary. Chairman, my colleagues, especially the bill, CBO has determined that the A summary of such comments or views shall cost of those mandates is insignificant be attached to the plan, amendment, or re- those on the Republican side, have port submitted. made a significant point that many of and would not exceed the threshold es- (4) ADOPTION OF PLAN.—After conducting us agree on a bipartisan basis is a valid tablished under the law. the public hearing under paragraph (2) and point; that we should not continuously The bill contains other provisions considering public comments in accordance pass along to State and local govern- that would have significant budgetary with paragraph (3), the public housing agen- ments and entities of State and local impacts on public housing agencies, cy shall make any appropriate changes to such as the one the gentleman from the local housing management plan or governments mandates which mandate that they take certain action without North Carolina is concerned about, but amendment and shall— these provisions are conditions of re- (A) adopt the local housing management passing along to them the funds to pay plan; for those mandates. ceiving Federal financial assistance (B) submit the plan to any local elected of- This bill, sections 105 and 106, in com- and, therefore, would not be considered ficial or officials responsible for appointing bination, pass such a mandate along. mandates under the Unfunded Man- the members of the board of directors (or Sections 105 and 106, in combination, dates Reform Act of 1995. other similar governing body) of the public according to the Congressional Budget On the substantive issue, I think care housing agency for review and approval Office, impose an unfunded mandate of has to be taken how the community under subsection (f); approximately $65 million. service requirement is described. Like (C) submit the plan to the Secretary in ac- the President’s AmeriCorps program, cordance with this section; and Section 105, according to the Con- (D) make the submitted plan or amend- gressional Budget Office, would require this is a work-for-benefit approach. It ment publicly available. local governments to expend an addi- is supported by Secretary Cuomo and (f) LOCAL REVIEW.—The public housing tional $35 million annually. Section 106 his predecessor, Secretary Cisneros. agency shall submit a plan under this sub- would require local governments and The model bills that were submitted to section to any local elected official or offi- public housing agencies to expend an Congress by the administration—one of cials responsible for appointing the members additional $35 million annually. which was introduced by request with of the board of directors (or other similar These provisions, in combination, the gentleman from Massachusetts governing body) of the public housing agency [Mr. KENNEDY] as a cosponsor—in- for review and approval for a 45-day period should not be passed along to our local beginning on the date that the plan is sub- housing authorities because we are not cluded this work requirement. mitted to such local official or officials funding them. And if we are going to be In terms of section 106 that the gen- (which period may run concurrently with in compliance with the spirit and letter tleman is referring to, this section was any period under subsection (e) for public of the resolutions and rules that we set also included in Secretary Cuomo’s comment.) If the local official or officials re- up to govern ourselves, this bill should presentation and recommendation to sponsible under this subsection do not act not be considered without these provi- the House Committee on Banking and within 45 days of submission of the plan, the sions being stricken out of the bill. Financial Services. It was further plan shall be considered approved. If the Mr. Chairman, I reserve the balance modified with amendments from the local official of officials responsible under minority side. For example, the re- this subsection reject the public housing of my time. agency’s plan, they shall return the plan Mr. LEACH. Mr. Chairman, I yield quirement that PHA’s look at the pop- with their recommended changes to the myself such time as I may consume. ulation base in their areas with a par- agency within 5 days of their disapproval. First, let me say what the distin- ticular eye to the poorest of the poor The agency shall resubmit an updated plan guished gentleman from North Caro- was a significant minority amendment. to the local official or officials within 30 lina is doing is using a process tech- And what the gentleman from North days of receiving the objections. If the local nique to underscore a political point. I Carolina is attempting to do in this official or officials again reject the plan, the understand the gentleman did not re- point of order, which I believe does not resubmitted plan, together with the local of- ceive enough time to discuss this issue lie, on a substantive basis, is to knock ficial’s objections, shall be submitted to the Secretary for approval. yesterday. I would like to simply stress out a provision recommended by the (g) PLANS FOR SMALL PHA’S AND PHA’S on the time score that we were operat- administration, further modified by ADMINISTERING ONLY RENTAL ASSISTANCE.— ing under the rules of the House and we the Democratic, not the Republican The Secretary shall establish requirements granted, at the request of the gen- side, on the House Committee on Bank- for submission of plans under this section tleman from Massachusetts [Mr. KEN- ing and Financial Services. and the information to be included in such NEDY], extra time on each side. I am So on process grounds, I would sug- plans applicable to public housing agencies sorry if the gentleman did not get gest to the gentleman that as indicated that own or operate less than 250 public enough time to discuss this issue but by the CBO this amendment does not housing dwelling units and shall establish re- breach the requirements of the law. On quirements for such submission and informa- we made every effort to be accommo- tion applicable to agencies that only admin- dating to the minority. substantive grounds, the gentleman ister housing assistance under title III (and On the process point, it should be from North Carolina is going against do not own or operate public housing). Such stressed that it is a norm, when Fed- his administration and his party’s requirements shall waive any requirements eral funds are extended, to put condi- amendments as adopted in the House under this section that the Secretary deter- tions and requirements into programs. Committee on Banking and Financial mines are burdensome or unnecessary for That is what is being done in this bill, Services. So as the chairman of the such agencies. and that is why in the supplemental re- committee, I am befuddled by the ap- Under section 426(b)(4) of the act, the port filed by the committee we include proach that is being presented. gentleman from North Carolina [Mr. a CBO estimate. And the CBO, as this Mr. Chairman, I reserve the balance WATT] and a Member opposed to the body knows, is the general overseer of of my time. point of order each will control 10 min- this circumstance. Mr. WATT of North Carolina. Mr. utes of debate on the point of order. The CBO states, and I quote directly, Chairman, I yield myself 30 seconds. Pursuant to section 426(b)(3) of the ‘‘The bill would impose several new re- Let me make two points. This is not act, after debate on the point of order, quirements on PHA’s. These require- whether this is a Republican bill or a the Chair will put the question of con- ments, which are conditions of receiv- Democratic bill or a Republican sideration, to wit: ‘‘Will the Commit- ing assistance from HUD and, thus, are amendment. The unfunded mandates tee now consider the amendment?’’ not mandates under the Unfunded Man- requirement applies to both parties. It The gentleman from North Carolina dates Reform Act of 1995, include estab- applies to this Congress. This is the in- [Mr. WATT] is recognized for 10 min- lishing and enforcing work require- tegrity of our House that is at stake. utes, and the gentleman from Iowa ments and self-sufficiency agreements No. 2, this notion that a public hous- [Mr. LEACH] who is opposed, will be rec- with residents of public housing.’’ ing authority is not a local government ognized for 10 minutes. In further clarification, CBO has in- is just defied by the very definitions in The Chair recognizes the gentleman formed me today that while H.R. 2 does the bill itself on page 17, which says from North Carolina [Mr. WATT]. contain several intergovernmental that a local housing authority is one May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2111 authorized by State law to administer establish some programs, and under his It is the gentleman’s party which choice-based housing. That is a State interpretation, years later, 20 and 30 created the idea of the unfunded man- entity. years later, having provided for a pro- date. It is his party that is categori- Mr. LEACH. Mr. Chairman, I yield gram where they are locked in, where cally denying the people of this House myself such time as I may consume. they are committed, where they have and the people of this country the op- I want to be very categorical first of ongoing obligations, we then add a con- portunity to challenge this based on all. The CBO, which is the overseer of dition, and under the gentleman from the fact that we are going to cost the this program, states that the public Iowa’s ruling, any expense, and it is a public housing authorities the money. housing requirement in terms of the ‘‘gotcha’’ because we say, hey, if you Mr. Chairman, the gentleman from work program is not an unfunded man- do not like the condition, give up the New York [Mr. LAZIO] maintains we are date, period. There are other parts of money. But of course this is wholly un- going to take this money out of the op- the bill that involve small aspects of or realistic, to expect local communities erating account for public housing. The that touch the unfunded mandates act, which have now got this ongoing re- operating accounts are already under- but they do not reach the threshold. sponsibility to residents to give up the funded in this bill. That is the ultimate But the requirement the gentleman is money. problem. referencing in section 105, which is his So if we reject the point of order, we The gentleman from Iowa’s party is principal point, is not an unfunded accept the gentleman from Iowa’s in- unwilling to provide the funding that is mandate. terpretation, it is yes, we cannot do a necessary to achieve basic affordable With regard to section 106, which the mandate out of the blue. But where housing for the poorest of the people of gentleman wants to knock out, I would there has been an ongoing, long-con- this country, and now what he is doing also point out that this section is tinuing program, where local commu- is scolding them and telling them they largely maintained in the alternative nities have been given money to do have to work. to be offered by the gentleman from something, we can ratchet up the con- I say if the gentleman wants to go Massachusetts. So the gentleman is at- ditions, we can impose new conditions, after the mining companies and the oil tempting to knock out a provision that and if they complain it will cost them and gas industry and get them to vol- will be in the alternative of the gen- money, we say, well, they can always unteer, go for it and I will be standing tleman from Massachusetts, which is give it up. there right with him, but he should not supported by the administration, and I do not think that is the spirit of the point his finger at just the poor. which is crafted in large measure with unfunded mandate. b 1230 the input of his side in the committee. Mr. LEACH. Mr. Chairman, I yield Mr. Chairman, I reserve the balance myself such time as I may consume. Mr. LEACH. Mr. Chairman, I would Let me just stress, the gentleman of my time. like to ask how much time the two from Massachusetts referenced my in- Mr. WATT of North Carolina. Mr. sides have remaining. terpretation. My interpretation is the Chairman, I yield 2 minutes to the gen- The CHAIRMAN. The gentleman interpretation of the CBO, which is the tleman from Massachusetts, [Mr. from Iowa has 4 minutes remaining, overseer. What the law states is that FRANK]. and the gentleman from North Caro- an exception to the unfunded mandates Mr. FRANK of Massachusetts. Mr. lina has 4 minutes remaining. law are provisions imposing duties as a Chairman, when the Republican chair- The gentleman from Iowa has the condition of receiving Federal aid or man of the committee gets up and his right to close. arising from participation in a Federal basic argument is ‘‘The President made Mr. WATT of North Carolina. Mr. program. Chairman, let me take issue with that. me do it,’’ we understand the weakness What the gentleman from North Why does the gentleman from Iowa of his substantive arguments. Carolina is raising is a question of law have the right to close? It is my point The gentleman even said we should in terms of a point of order. That point of order. be for this because this is the same of order clearly, without any equivo- The CHAIRMAN. That has been es- principle as the AmeriCorps. I under- cation, does not rise. stood there was on the other side no Now, on the substance of the issue tablished by precedent. The manager of great love for AmeriCorps, so I assume there are differences of judgment, and I the bill has the right to close. all those who are against AmeriCorps am simply making the point that the Mr. WATT of North Carolina. He is would agree with the gentleman from majority side supports the precept of not managing the bill. The gentleman North Carolina [Mr. WATT]. work for benefit. The President sup- from New York [Mr. LAZIO] is manag- But most damaging is the argument ports the precept of work for benefit. ing the bill. the gentleman is making, and people The gentleman may disagree with that The CHAIRMAN. The chairman of should understand here how he is nar- precept, that is his philosophical pre- the committee is at this point in time rowing the unfunded mandate piece. rogative, but he should not confuse a managing the bill. What he says is this: An unfunded man- point of order argument with a sub- Mr. FRANK of Massachusetts. If the date should be considered only if de stantive argument. gentleman from North Carolina will novo, out of the blue, we impose a re- Mr. Chairman, I reserve the balance yield, maybe it is because he is rep- striction. He acknowledges this will of my time. resenting the President on this issue. cost the local communities more Mr. WATT of North Carolina. Mr. The CHAIRMAN. No, that is not cor- money, but he says it is a condition Chairman, I yield 11⁄2 minutes to the rect. and therefore we can impose greater gentleman from Massachusetts [Mr. Mr. WATT of North Carolina. Mr. costs on them as a condition of funds. KENNEDY]. Chairman, I yield myself such time as But understand, these are funds they Mr. KENNEDY of Massachusetts. Mr. I may consume. are now getting and have been getting Chairman, first and foremost, let me Let me just clarify what is at issue for a long time. Theoretically, his log- make certain the chairman under- here. It is not whether we support or do ical argument is, well, if they do not stands that in no way does our work re- not support the underlying provision in like the mandate, they can say no to quirement marry their work require- the bill. I have made it clear from day the funds; therefore, it is not an un- ment. We simply say that we encour- one that I do not support this volun- funded mandate. But is it realistic to age people to do some work if they are teer requirement. I do not know how tell local communities that, having going to receive this benefit. It is not a you can require somebody to volunteer built this public housing, having people term or condition of the lease. No. 1. without compensation. This is not live in it, having the obligation to No. 2, the fact is, according to the about whether I support or do not sup- maintain it, they can now say no to the rules of the House, according to the port that concept. This is about the funds? CRS report, a point of order against an rules of the House that we adopted and What the gentleman from Iowa is unfunded mandate exists if it meets a the law that is in place that says we doing is turning the unfunded mandate $50 million threshold. According to the cannot pass an unfunded mandate down point into a great ‘‘gotcha’’ for the CBO, this provision is going to cost $65 to local governments and not pay for communities. We give them grants, we million. that mandate. H2112 CONGRESSIONAL RECORD — HOUSE May 1, 1997 The Congressional Budget Office says gumentation. Let me explain this as The question was taken; and the that section 105 will cost local public carefully as I can. We have a long tra- Chairman announced that the noes ap- housing authorities $35 million a year. dition in the House of Representatives, peared to have it. The Congressional Budget Office says in the Congress of the United States, RECORDED VOTE section 106 will cost local housing au- when we expend Federal funds to put Mr. LEACH. Mr. Chairman, I demand thorities an additional $30 million a requirements on them. Those in most a recorded vote. year. That is a total of $65 million in instances are not unfunded mandates. A recorded vote was ordered. additional costs that we are passing Let me be as precise as possible. We The vote was taken by electronic de- along. have rules about money going to vice, and there were—ayes 237, noes 183, The argument seems to be, well, States form time to time, and we re- not voting 13, as follows: quire that civil rights be enforced. these are not local governments, but if [Roll No. 99] anybody believes that a local housing That is not an unfunded mandate. That AYES—237 authority is not a part of the local gov- is a requirement for receipt of Federal ernment, they ought to read the defini- funds. Aderholt Gekas Nussle The gentleman from North Carolina Archer Gibbons Oxley tion on page 17 of this bill. It says that Armey Gilchrest Packard a local housing authority is anyone objects to the work requirement in this Bachus Gillmor Pappas that is authorized under this act to en- bill. He is free at any point in the de- Baker Gilman Parker bate to offer an amendment to strike Ballenger Goode Paul gage in or assist in the development or Barcia Goodlatte Paxon operation of low income housing by it, and your side will attempt to do Barr Goodling Pease any State, county, municipality or that. But I would simply stress that Barrett (NE) Goss Peterson (PA) other governmental body or public en- under the definitions of law provided Bartlett Graham Petri by the CBO, which is the overseer of Barton Granger Pickering tity. Bass Green Pitts If that does not make the local hous- this program, this is a requirement for Bateman Greenwood Pombo ing authority a part of the local gov- receipt of Federal funds. It is not an Bereuter Gutknecht Porter ernment, I do not know what does. unfunded mandate, section 105, which Berry Hansen Portman is what the gentleman is principally Bilbray Hastert Pryce (OH) Mr. FRANK of Massachusetts. Mr. Bilirakis Hastings (WA) Quinn Chairman, will the gentleman yield? getting at. Bliley Hayworth Radanovich Mr. WATT of North Carolina. I yield On the substantive side, let me say Blunt Hefley Ramstad to the gentleman from Massachusetts. this. I was very intrigued the other Boehlert Hill Regula evening. All of us looked at this issue Boehner Hilleary Riggs Mr. FRANK of Massachusetts. To Bonilla Hobson Riley give the gentleman from Iowa his due, of voluntarism where the President and Bono Hoekstra Rogan he has an alternative argument, which the former Presidents met in Philadel- Brady Holden Rogers phia, and I though it made a great deal Bryant Horn Rohrabacher is once there is a vote of Federal funds Bunning Hostettler Ros-Lehtinen to a local government, then the un- of sense. Some of the criticism that Burr Houghton Roukema funded mandate issue disappears. His came out, to the degree there was criti- Burton Hulshof Royce argument is that because the local gov- cism, related to the fact that it may be Buyer Hunter Ryun a little bit presumptuous for people Callahan Hutchinson Salmon ernments have the theoretical right to Calvert Hyde Sanford refuse all public housing funds, any from the outside to volunteer in inter- Camp Inglis Saxton condition we impose on them which in- nal problems of other people. There Campbell Jenkins Scarborough Canady Johnson (CT) Schaefer, Dan creases their cost is not an unfunded was a degree of legitimacy to this argu- ment. Cannon Johnson, Sam Schaffer, Bob mandate. Castle Jones Sensenbrenner What this bill is saying is that people As I said, that is the great gotcha. Chabot Kasich Sessions in poverty should have a work compo- What it means is that you can give Chambliss Kelly Shadegg nent to also take care of themselves Chenoweth Kim Shaw money to a local government, they and assist in their community. It is a Christensen King (NY) Shays incur ongoing operations, and the way Coble Kingston Shimkus community service requirement, it is a they can get around it, the gentleman Coburn Klink Shuster work-for-benefit program. All of the Collins Klug Skeen from Iowa says, is, ‘‘It’s not an un- gentlemen on the other side may ob- Combest Knollenberg Smith (MI) funded mandate, you can abandon pub- ject. I would only again stress in this Cook Kolbe Smith (NJ) lic housing altogether, and if you Cooksey LaHood Smith (OR) regard two points. First, Secretary don’t, we gotcha.’’ Cox Largent Smith (TX) Cisneros, Secretary Cuomo, and the Cramer Latham Smith, Linda Mr. WATT of North Carolina. Mr. majority of the Committee on Banking Crane LaTourette Snowbarger Chairman, reclaiming my time, let me Crapo Lazio Solomon and Financial Services have brought make it clear that the unfunded man- Cubin Leach Souder this to the floor. Second, this country date rules are neither Republican nor Cunningham Lewis (CA) Spence and many people in it believe that re- Davis (VA) Lewis (KY) Stearns Democrat. They are bipartisan. Every form in these programs is vital, and Deal Linder Stump DeLay Livingston Sununu single one of us has gone home and that people are looking at people get- heard our local governments and our Diaz-Balart LoBiondo Talent ting benefits and not giving anything Dickey Lucas Tauzin State governments say, do not pass in return. This is an effort of stressing Doolittle Manzullo Taylor (NC) along a mandate on us and then not community service, work for benefit. Doyle McCarthy (NY) Thomas give us the money to comply with it. Dreier McCollum Thornberry With regard to the gentleman’s point Duncan McCrery Thune The Congressional Budget Office says or order, it is one that is clearly, and I Dunn McDade Tiahrt the combination of sections 105 and 106 say clearly, without merit. I would Ehlers McHugh Traficant of this bill will cost local governments, urge my colleagues to uphold the com- Ehrlich McInnis Turner public housing authorities, an addi- Emerson McIntosh Upton mittee on a straightforward point of Engel McKeon Walsh tional $65 million a year. The threshold law. We will deal with the substance of English Metcalf Wamp is $50 million under the law. We are $15 the gentleman’s issue at later points in Ensign Mica Watkins million over the threshold. We can Everett Miller (FL) Watts (OK) time when debate on amendments Ewing Molinari Weldon (FL) take this provision out, the bill can come forth. Fawell Moran (KS) Weldon (PA) proceed. It is not going to be the end of Mr. Chairman, I yield back the bal- Foley Moran (VA) Weller this public housing bill. But we do not ance of my time. Forbes Morella Wexler need to pass an unfunded mandate The CHAIRMAN. All time on this Fowler Myrick White Fox Nethercutt Whitfield down to our local governments if we question has expired. Franks (NJ) Neumann Wicker are going to be true to the philosophies Pursuant to section 426(b)(3) of the Frelinghuysen Ney Wolf that we have said we believe in. Act, the question is, Will the Commit- Gallegly Northup Young (AK) Mr. LEACH. Mr. Chairman, I yield tee now consider the amendment in the Ganske Norwood Young (FL) myself the balance of my time. nature of a substitute recommended by NOES—183 What the gentleman from North the Committee on Banking and Finan- Abercrombie Allen Barrett (WI) Carolina is engaging in is captious ar- cial Services? Ackerman Baldacci Becerra May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2113 Bentsen Hastings (FL) Ortiz Page 79, after line 19, insert the following the Housing and Community Development Berman Hefner Owens new subsection: Act of 1992’’. Bishop Hilliard Pallone (e) ELIGIBLE ACTIVITIES FOR INCREASED IN- Page 224, strike lines 21 through 25 and in- Blagojevich Hinchey Pastor sert the following: Blumenauer Hinojosa Payne COME.—Any public housing agency that de- Bonior Hooley Pelosi rives increased nonrental or rental income, (c) RENT POLICY.—A participating jurisdic- Borski Hoyer Peterson (MN) as referred to in subsection (c)(2)(B) or tion shall ensure that the rental contribu- Boswell Jackson (IL) Pickett (d)(1)(D) of section 204 or pursuant to provi- tions charged to families assisted with Boucher Jackson-Lee Pomeroy sion of mixed-income developments under amounts received pursuant to this title— Boyd (TX) Poshard section 221(c)(2), may use such amounts for (1) do not exceed the amount that would be Brown (CA) Jefferson Price (NC) any eligible activity under paragraph (1) or chargeable under title II to such families Brown (FL) John Rahall were such families residing in public housing Brown (OH) Johnson (WI) Rangel (2) of subsection (a) of this section or for pro- Capps Johnson, E. B. Reyes viding choice-based housing assistance under assisted under such title; or Cardin Kanjorski Rivers title III. (2) are established, pursuant to approval by Carson Kennedy (MA) Rodriguez Page 116, line 6, after ‘‘used’’ insert ‘‘, to the Secretary of a proposed rent structure Clay Kennelly Roemer the extent or in such amounts as are or have included in the application under section 406, Clayton Kildee Rothman been provided in advance in appropriations at levels that are reasonable and designed to Clement Kilpatrick Roybal-Allard Acts,’’. eliminate any disincentives for members of Clyburn Kind (WI) Rush Page 137, line 14, strike ‘‘for financial as- the family to obtain employment and attain Condit Kleczka Sabo economic self-sufficiency. Conyers Kucinich Sanchez sistance under this title’’ and insert ‘‘under Costello LaFalce Sanders section 282(l) for use under the capital fund’’. Page 228, line 18, strike ‘‘section’’ and in- Coyne Lampson Sandlin Page 164, after line 16, insert the following: sert ‘‘title’’. Cummings Lantos Sawyer (n) TREATMENT OF PREVIOUS SELECTIONS.— Page 228, after line 25, insert the following: Danner Levin Schumer A public housing agency that has been se- (k) COMMUNITY WORK REQUIREMENT.— Davis (FL) Lewis (GA) Scott lected to receive amounts under the notice of (1) APPLICABILITY OF REQUIREMENTS FOR DeGette Lipinski Serrano PHA’S.—Except as provided in paragraph (2), Delahunt Lofgren Sherman funding availability for fiscal year 1996 amounts for the HOPE VI program (provided participating jurisdictions, families assisted DeLauro Lowey Sisisky with amounts received pursuant to this title, Dellums Luther Skaggs under the heading ‘‘PUBLIC HOUSING DEMOLI- Deutsch Maloney (CT) Skelton TION, SITE REVITALIZATION, AND REPLACEMENT and dwelling units assisted with amounts re- Dicks Maloney (NY) Slaughter HOUSING GRANTS’’ in title II of the Depart- ceived pursuant to this title, shall be subject Dingell Manton Smith, Adam ments of Veterans Affairs and Housing and to the provisions of section 105 to the same Dixon Markey Snyder Urban Development, and Independent Agen- extent that such provisions apply with re- Doggett Martinez Spratt spect to public housing agencies, families re- Dooley Mascara Stabenow cies Appropriations Act, 1996 (42 U.S.C. 14371 note) (enacted as section 101(e) of Omnibus siding in public housing dwelling units and Edwards Matsui Stark families assisted under title III, and public Eshoo McCarthy (MO) Stokes consolidated Rescission and Appropriations Etheridge McDermott Strickland Act of 1996 (Public Law 104–134; 100 Stat. housing dwelling units and dwelling units as- Evans McGovern Tanner 1321–269)) may apply to the Secretary of sisted under title III. Farr McHale Tauscher Housing and Urban Development for a waiver (2) LOCAL COMMUNITY SERVICE ALTER- Fattah McIntyre Taylor (MS) of the total development cost rehabilitation NATIVE.—Paragraph (1) shall not apply to a Fazio McKinney Thompson participating jurisdiction that, pursuant to Filner McNulty Thurman requirement otherwise applicable under such program, and the Secretary may waive such approval by the Secretary of a proposal in- Flake Meehan Tierney cluded in the application under section 406, Foglietta Meek Torres requirement, but only (1) to the extent that Ford Menendez Towns a designated site for use of such amounts is carrying out a local program that is de- Frank (MA) Millender- Velazquez does not have dwelling units that are consid- signed to foster community service by fami- Frost McDonald Vento ered to be obsolete under Department of lies assisted with amounts received pursuant Furse Miller (CA) Visclosky Housing and Urban Development regulations to this title. Gejdenson Minge Waters (1) INCOME TARGETING.—In providing hous- Gephardt Mink Watt (NC) in effect upon the date of the enactment of this Act, and (2) if the Secretary determines ing assistance using amounts received pursu- Gonzalez Moakley Waxman ant to this title in any fiscal year, a partici- Gordon Mollohan Weygand that the public housing agency will continue Gutierrez Murtha Wise to comply with the purposes of the program pating jurisdiction shall ensure that the Hall (OH) Nadler Woolsey notwithstanding such waiver. number of families having incomes that do Hall (TX) Neal Wynn Page 170, line 24, strike ‘‘bond issued by the not exceed 30 percent of the area median in- Hamilton Oberstar Yates agency’’ and insert, ‘‘bonds issued by the come that are initially assisted under this Harman Obey agency or any State or local governmental title during such fiscal year is not less than NOT VOTING—13 agency’’. substantially the same number of families Page 171, strike lines 5 through 10 and in- having such incomes that would be initially Andrews Istook Schiff assisted in such jurisdiction during such fis- Baesler Kaptur Stenholm sert the following: Davis (IL) Kennedy (RI) Stupak With respect to any dwelling unit in a cal year under titles II and III pursuant to DeFazio Olver mixed-finance housing development that is a sections 222(c) and 321(b)). Herger Pascrell low-income dwelling unit for which amounts Page 233, line 7, after the period insert the following: ‘‘Upon approving or disapproving b 1258 from a block grant under this title are used and that is assisted pursuant to the low-in- an application under this paragraph, the Sec- Messrs. MCHALE, ACKERMAN, and come housing tax credit under section 42 of retary shall make such determination pub- KILDEE changed their vote from the Internal Revenue Code of 1986, the rents licly available in writing together with a ‘‘aye’’ to ‘‘no.’’ charged to the residents of the unit shall be written statement of the reasons for such de- Mr. GREENWOOD and Mr. CRAMER determined in accordance with this title, but termination.’’. Page 320, line 13, strike the period and in- changed their vote from ‘‘no’’ to ‘‘aye.’’ shall not in any case exceed the amounts al- sert ‘‘; or’’. lowable under such section 42. So the question of consideration was Page 320, after line 13, insert the following: Page 173, line 24, strike ‘‘and’’ and all that decided in the affirmative. (C) with respect only to activity engaged follows through line 2 on page 174, and insert The result of the vote was announced in by the tenant or any member of the ten- a period. as above recorded. ant’s household, is criminal activity on or Page 184, strikes line 7 and 8 and insert the b off the premises. 1300 following: Page 335, after line 6, insert the following AMENDMENT NO. 15 OFFERED BY MR. LAZIO OF assistance under this title, such sums as may new section: NEW YORK be necessary for each of fiscal years 1998, SEC. 709. PROTECTION OF SENIOR HOMEOWNERS Mr. LAZIO of New York. Mr. Chair- 2000, 2001, and 2002 to provide amounts for in- UNDER REVERSE MORTGAGE PRO- man, I offer an amendment. cremental assistance under this title, for re- GRAM. newal of expiring contracts under section 302 The CHAIRMAN. The Clerk will des- (a) DISCLOSURE REQUIREMENTS; PROHIBITION of this Act and renewal under this title of ex- OF FUNDING OF UNNECESSARY OR EXCESSIVE ignate the amendment. piring contracts for tenant-based rental as- COSTS.—Section 255(d) of the National Hous- The text of the amendment is as fol- sistance under section 8 of the United States ing Act (12 U.S.C. 1715z–20(d)) is amended— lows: Housing Act of 1937 (as in effect before the (1) in paragraph (2)— Amendment No. 15 offered by Mr. LAZIO of effective date of the repeal under section 601 (A) in subparagraph (B), by striking ‘‘and’’ New York: (b) of this Act), and for replacement needs at the end; Page 78, line 22, after ‘‘used’’ insert ‘‘, to for public housing under title II. (B) by redesignating subparagraph (C) as the extent or in such amounts as are or have Page 184, line 22, after ‘‘227’’ insert the fol- subparagraph (D); and been provided in advance in appropriations lowing: ‘‘or the establishment of occupancy (C) by inserting after subparagraph (B) the Acts.’’. restrictions in accordance with section 658 of following: H2114 CONGRESSIONAL RECORD — HOUSE May 1, 1997 ‘‘(C) has received full disclosure of all costs place insert such sums as may be nec- of greater substance that were included to the mortgagor for obtaining the mort- essary to allow for the following new in the manager’s amendment, and I gage, including any costs of estate planning, assistance. One is incremental, two support the manager’s amendment. financial advice, or other related services; It does not go as far as we would have and’’; would be renewals of tenant-based as- (2) in paragraph (9)(F), by striking ‘‘and’’; sistance, and three would be relocation liked in a number of areas in terms of (3) in paragraph (10), by striking the period assistance under the disposition of pub- targeting and particularly with regard at the end and inserting ‘‘; and’’; and lic housing in title II. to the block grant provisions where I (4) by adding at the end the following: The reason for that, Mr. Chairman, will have further amendments, and ‘‘(11) have been made with such restric- would be that we are not certain ex- there will be other amendments offered tions as the Secretary determines to be ap- propriate to ensure that the mortgagor does actly how much we need to authorize later in the bill to deal with some of not fund any unnecessary or excessive costs in terms of incremental assistance be- these issues. for obtaining the mortgage, including any cause we are not sure exactly about Mr. Chairman, I do want to indicate costs of estate planning, financial advice, or what disposition of public housing that Democrats very much support the other related services; such restrictions shall property might be. Namely, we do not changes that have been made to deal include a requirement that the mortgagee know how many buildings will go with the availability of certificates for ask the mortgagor about any fees that the down, how many cost-benefit analyses the disabled and making technical mortgagor has incurred in connection with obtaining the mortgage and a requirement will require choice-based assistance; changes to finance the programs so that the mortgagee be responsible for ensur- and so therefore, the more prudent that PHAs can better develop mixed in- ing that the disclosures required by sub- course is not to cap it. come housing. I think that is of par- section (d)(2)(C) are made.’’. There is a provision in this that ticular note. (b) IMPLEMENTATION.— speaks to the help for nonelderly dis- Mr. Chairman, there are important (1) NOTICE.—The Secretary of Housing and abled who might as a consequence of changes that I believe, particularly for Urban Development shall, by interim notice, the Members from New York and other implement the amendments made by sub- the provisions of this bill be displaced section (a) in an expeditious manner, as de- but would allow them in that case to high density areas, that ought to be termined by the Secretary. Such notice shall be qualified and to receive vouchers to aware that contained in this manager’s not be effective after the date of the effec- allow them to participate in any num- amendment is a program that will tiveness of the final regulations issued under ber of programs outside of the tradi- allow public housing funds to go to paragraph (2) of this subsection. tional elderly only programs such as mixed income housing development, (2) REGULATIONS.—The Secretary shall, not 202. thereby changing the face of public later than the expiration of the 90-day period beginning on the date of the enactment of There are protections in this man- housing that has so concentrated the this Act, issue final regulations to imple- ager’s amendment that allow the home very poor in the past. ment the amendments made by subsection rule flexibility grant option to be pur- There are also, as I mentioned, provi- (a). Such regulations shall be issued only sued, including rent protections, the sions that I do not believe go far after notice and opportunity for public com- inclusion of the community service re- enough with regard to block grants. ment pursuant to the provisions of section quirements, and requiring targeting to Also, it has a very important provision, 553 of title 5, United States Code (notwith- lower income persons to ensure that to clamp down on the scam artists in standing subsections (a)(2) and (b)(B) of such the reverse mortgage program where section.) the jurisdiction who chooses this op- tion will continue to assist the same senior citizens and elderly people will The CHAIRMAN. Pursuant to the percentage of individuals with incomes not have to pay exorbitant fees to in- rule, the gentleman from New York under 30 percent of area median income vest in advisors for the privilege of se- [Mr. LAZIO] and a Member opposed each as would have been assisted under H.R. curing disposable income based on the will control 5 minutes. The Chair recognizes the gentleman 2 and various other clarifications of equity of their home. This has been a language that will provide direction to terrible scam that we have seen take from New York [Mr. LAZIO]. Mr. LAZIO of New York. Mr. Chair- those people that might pursue that place around the country. man, I yield myself such time as I may option. Mr. Chairman, I yield 2 minutes to consume. Finally, there is an inclusion in this the gentleman from Minnesota [Mr. Mr. Chairman, we have before us the bill of an effort to try and eliminate VENTO] my good friend who worked manager’s amendment that speaks to the excessive fees that have been very hard on some aspects of the man- certain technical changes and sub- charged to senior citizens as a result of ager’s amendment. stantive changes that would improve the reversed equity bill that has been (Mr. VENTO asked and was given and in some cases expand the bill be- passed by this House and signed into permission to revise and extend his re- fore us. law. We have unfortunately found in marks.) Mr. Chairman, this manager’s some cases fees as high as $10,000 and Mr. VENTO. Mr. Chairman, I am very amendment speaks to certain technical more have been charged to seniors for concerned about one of the en bloc changes and improvements in the bill, services that would be provided for free amendments. including the following: There is a by HUD, and that of course preys on I want to rise in support of the re- technical correction regarding the fact the most vulnerable citizens in our so- verse mortgage amendment which is that housing authorities can use any ciety. This provision would permit the intended to prevent the abuse of those additional money earned from in- Secretary of Housing and Urban Devel- applying for such mortgage; that is to creases in rental income for more hous- opment to promulgate rules and regu- say that some brokers and agents have, ing activities, including the provision lations that will ensure that that in the process of in fact informing indi- of additional vouchers, to try and would not occur. viduals of the availability of a reverse make our money stretch as far as it That is, in sum and substance, where mortgage product have accessed a find- can to serve as many people as we pos- we are with this manager’s amend- ers fee on the client which is exorbi- sibly can. ment. tant, and consumers need action quick- We addressed, among other things, Mr. Chairman, I reserve the balance ly on this issue. the ability of housing authorities to of my time. I would hope that an inclusion in this help direct some of their money toward The CHAIRMAN. The gentleman public housing bill as an expression of remodeling activities of buildings from Massachusetts [Mr. KENNEDY] is support for the reverse mortgage provi- where cost-benefit analysis would sug- recognized for 5 minutes. sion in this bill, that it would not sub- gest that HOPE VI funds, one of the Mr. KENNEDY of Massachusetts. Mr. sequently get bogged down in con- HUD grant programs, would be rel- Chairman, I yield myself such time as ference, because we know that the dif- evant and appropriate. We speak to the I may consume. ference between the House and the Sen- elimination of certain duplicative lan- Mr. Chairman, I want to thank my ate on this bill in the last instance guage having to do with Operation Safe friend from New York, Mr. LAZIO, for were not able to be bridged. I hope that Home. the efforts that he has made to accom- that is not the case in this instance, as We eliminate in title III precise au- modate a number of the issues, some I am sure the subcommittee chairman thorization levels and instead in its technical in nature, and others I think also is going to work to avoid that. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2115

Hopefully, we will be able to pass this tleman from New York [Mr. LAZIO], Sec. 224. Admission procedures. very quickly, and with this expression corrects the situation and I thank him Sec. 225. Family choice of rental payment. of support and maybe do it on the for his assistance. Sec. 226. Lease requirements. House suspension calendar. Mr. LAZIO of New York. Mr. Chair- Sec. 227. Designated housing for elderly and disabled families. As far as the other provisions are man, I thank the gentleman from New concerned, I will defer to my colleague Jersey for his assistance and coopera- Subtitle C—Management and the staff that have worked on tion. I also wanted to thank again the Sec. 231. Management procedures. these provisions. gentleman from Massachusetts [Mr. Sec. 232. Housing quality requirements. Mr. KENNEDY of Massachusetts. Mr. Sec. 233. Employment of residents. KENNEDY] for his cooperation in trying Sec. 234. Resident councils and resident man- Chairman, I yield myself an additional to put this manager’s amendment to- agement corporations. 1 minute. gether. Again, it speaks to a number of Sec. 235. Management by resident management I want to come back to some of the concerns to provide the flexibility but corporation. changes that I think are important also to provide the level of protections Sec. 236. Transfer of management of certain that we continue to try to keep in that we need to ensure that that housing to independent manager mind with regard to the block grant. I money is dedicated to low and mod- at request of residents. think the block grant provisions that erately low-income people. Sec. 237. Resident opportunity program. continue to be contained in the bill and At the same time, we looked for mar- Subtitle D—Homeownership in the manager’s amendment basically ket-based solutions, competitive solu- Sec. 251. Resident homeownership programs. are very inadequate toward dealing tions to help drive some of our needs or Subtitle E—Disposition, Demolition, and with the idea of sending all of this overarching needs for new housing in Revitalization of Developments money back to the States, back to the America. That in fact is one of our Sec. 261. Requirements for demolition and dis- local communities, without having any goals here, to look for new ways in position of developments. stipulations as to how the moneys can which we can rechannel the dollars and Sec. 262. Demolition, site revitalization, replace- actually be spent. I am further con- work as hard as we possibly can to ment housing, and choice-based cerned about some of the provisions assistance grants for develop- meet the needs of America. ments. that continue to deal with the The CHAIRMAN. All time on this Sec. 263. Voluntary voucher system for public targeting and the lack of response to amendment has expired. housing. the needs of the very, very poor. The question is on the amendment Subtitle F—Mixed-Finance Public Housing I do appreciate, however, as I have offered by the gentleman from New Sec. 271. Authority. said, the flexibility of the gentleman York [Mr. LAZIO]. Sec. 272. Mixed-finance housing developments. from New York [Mr. LAZIO] on a num- The amendment was agreed to. Sec. 273. Mixed-finance housing plan. ber of very technical issues that re- The CHAIRMAN. The Clerk will des- Sec. 274. Rent levels for housing financed with quired amendments in the initial part ignate section 1. low-income housing tax credit. of this bill. He and his staff deserve a The text of section 1 is as follows: Sec. 275. Carry-over of assistance for replaced lot of credit, Mr. Ventrone and others, Be it enacted by the Senate and House of Rep- housing. for their reasonableness in trying to resentatives of the United States of America in Subtitle G—General Provisions work out some of these issues, and we Congress assembled, Sec. 281. Payment of non-Federal share. thank the gentleman very much for his SECTION 1. SHORT TITLE AND TABLE OF CON- Sec. 282. Authorization of appropriations for consideration. TENTS. block grants. Mr. Chairman, I yield back the bal- (a) SHORT TITLE.—This Act may be cited as Sec. 283. Funding for operation safe home. the ‘‘Housing Opportunity and Responsibility ance of my time. Sec. 284. Funding for relocation of victims of Act of 1997’’. domestic violence. Mr. LAZIO of New York. Mr. Chair- (b) TABLE OF CONTENTS.—The table of con- TITLE III—CHOICE-BASED RENTAL man, I yield 1 minute to the distin- tents for this Act is as follows: guished gentleman from New Jersey HOUSING AND HOMEOWNERSHIP Sec. 1. Short title and table of contents. ASSISTANCE FOR LOW-INCOME FAMILIES [Mr. FRELINGHUYSEN] a member of the Sec. 2. Declaration of policy to renew American Subtitle A—Allocation Committee on Appropriations. neighborhoods. Sec. 301. Authority to provide housing assist- Mr. FRELINGHUYSEN. Mr. Chair- TITLE I—GENERAL PROVISIONS ance amounts. man, today I rise in support of H.R. 2, Sec. 101. Statement of purpose. particularly the manager’s amend- Sec. 302. Contracts with PHA’s. Sec. 102. Definitions. Sec. 303. Eligibility of PHA’s for assistance ment. First, I would like to thank the Sec. 103. Organization of public housing agen- amounts. gentleman from New York [Mr. LAZIO], cies. Sec. 304. Allocation of amounts. the chairman, for his hard work in ad- Sec. 104. Determination of adjusted income and Sec. 305. Administrative fees. dressing the housing needs for people median income. Sec. 306. Authorizations of appropriations. all across the country and for his keen Sec. 105. Community work and family self-suffi- Sec. 307. Conversion of section 8 assistance. desire which we all share to empower ciency requirements. Sec. 308. Recapture and reuse of annual con- Sec. 106. Local housing management plans. tract project reserves under people so that they live with dignity Sec. 107. Review of plans. and true independence. choice-based housing assistance Sec. 108. Reporting requirements. and section 8 tenant-based assist- I am particularly thankful that the Sec. 109. Pet ownership. ance programs. chairman has included in his manager’s Sec. 110. Administrative grievance procedure. Subtitle B—Choice-Based Housing Assistance Sec. 111. Headquarters reserve fund. amendment a technical change that I for Eligible Families requested to address the housing needs Sec. 112. Labor standards. Sec. 113. Nondiscrimination. Sec. 321. Eligible families and preferences for of individuals with disabilities. assistance. Mr. Chairman, last year we worked Sec. 114. Prohibition on use of funds. Sec. 115. Inapplicability to Indian housing. Sec. 322. Resident contribution. together to ensure that $50 million was Sec. 116. Regulations. Sec. 323. Rental indicators. set aside for tenant-based rental assist- Sec. 324. Lease terms. TITLE II—PUBLIC HOUSING ance for nonelderly disabled families. Sec. 325. Termination of tenancy. This successful effort was possible be- Subtitle A—Block Grants Sec. 326. Eligible owners. cause of our shared commitment to Sec. 201. Block grant contracts. Sec. 327. Selection of dwelling units. meet the housing needs of people with Sec. 202. Grant authority, amount, and eligi- Sec. 328. Eligible dwelling units. bility. Sec. 329. Homeownership option. disabilities. However, in administrat- Sec. 203. Eligible and required activities. Sec. 330. Assistance for rental of manufactured ing this program, HUD adopted an Sec. 204. Determination of grant allocation. homes. overly restricted definition of federally Sec. 205. Sanctions for improper use of Subtitle C—Payment of Housing Assistance on funded assisted housing, which re- amounts. Behalf of Assisted Families stricted access for the very people this Subtitle B—Admissions and Occupancy Sec. 351. Housing assistance payments con- setaside was intended for, individuals Requirements tracts. with disabilities. Sec. 221. Low-income housing requirement. Sec. 352. Amount of monthly assistance pay- This manager’s amendment, Mr. Sec. 222. Family eligibility. ment. Chairman, the amendment of the gen- Sec. 223. Preferences for occupancy. Sec. 353. Payment standards. H2116 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Sec. 354. Reasonable rents. Subtitle C—Limitations Relating to Occupancy low-income families, and thereby contribute to Sec. 355. Prohibition of assistance for vacant in Federally Assisted Housing the supply of affordable housing, by— rental units. Sec. 641. Screening of applicants. (1) deregulating and decontrolling public Subtitle D—General and Miscellaneous Sec. 642. Termination of tenancy and assistance housing agencies, thereby enabling them to per- Provisions for illegal drug users and alcohol form as property and asset managers; Sec. 371. Definitions. abusers. (2) providing for more flexible use of Federal Sec. 372. Rental assistance fraud recoveries. Sec. 643. Lease requirements. assistance to public housing agencies, allowing Sec. 373. Study regarding geographic con- Sec. 644. Availability of criminal records for the authorities to leverage and combine assist- centration of assisted families. tenant screening and eviction. ance amounts with amounts obtained from other Sec. 374. Study regarding rental assistance. Sec. 645. Definitions. sources; (3) facilitating mixed income communities; TITLE IV—HOME RULE FLEXIBLE GRANT TITLE VII—AFFORDABLE HOUSING AND (4) increasing accountability and rewarding OPTION MISCELLANEOUS PROVISIONS effective management of public housing agen- Sec. 401. Purpose. Sec. 701. Rural housing assistance. cies; Sec. 702. Treatment of occupancy standards. Sec. 402. Flexible grant program. (5) creating incentives and economic opportu- Sec. 703. Implementation of plan. Sec. 403. Covered housing assistance. nities for residents of dwelling units assisted by Sec. 704. Income eligibility for HOME and Sec. 404. Program requirements. public housing agencies to work, become self- Sec. 405. Applicability of certain provisions. CDBG programs. sufficient, and transition out of public housing Sec. 406. Application. Sec. 705. Prohibition of use of CDBG grants for and federally assisted dwelling units; Sec. 407. Training. employment relocation activities. (6) recreating the existing rental assistance Sec. 408. Accountability. Sec. 706. Use of American products. Sec. 409. Definitions. Sec. 707. Consultation with affected areas in voucher program so that the use of vouchers settlement of litigation. and relationships between landlords and ten- TITLE V—ACCOUNTABILITY AND OVER- ants under the program operate in a manner SIGHT OF PUBLIC HOUSING AGENCIES Sec. 708. Use of assisted housing by aliens. Sec. 709. Effective date. that more closely resembles the private housing Subtitle A—Study of Alternative Methods for market; and Evaluating Public Housing Agencies The CHAIRMAN. Are there any (7) remedying troubled public housing agen- Sec. 501. In general. amendments to section 1? cies and replacing or revitalizing severely dis- Sec. 502. Purposes. The Clerk will designate section 2. tressed public housing developments. Sec. 503. Evaluation of various performance The text of section 2 is as follows: SEC. 102. DEFINITIONS. evaluation systems. SEC. 2. DECLARATION OF POLICY TO RENEW For purposes of this Act, the following defini- Sec. 504. Consultation. AMERICAN NEIGHBORHOODS. tions shall apply: Sec. 505. Contract to conduct study. The Congress hereby declares that— (1) ACQUISITION COST.—When used in ref- Sec. 506. Report. (1) the Federal Government has a responsibil- erence to public housing, the term ‘‘acquisition Sec. 507. Funding. ity to promote the general welfare of the Na- cost’’ means the amount prudently expended by Sec. 508. Effective date. tion— a public housing agency in acquiring property Subtitle B—Housing Evaluation and (A) by using Federal resources to aid families for a public housing development. Accreditation Board and individuals seeking affordable homes that (2) DEVELOPMENT.—The terms ‘‘public hous- Sec. 521. Establishment. are safe, clean, and healthy and, in particular, ing development’’ and ‘‘development’’ (when Sec. 522. Membership. assisting responsible, deserving citizens who used in reference to public housing) mean— Sec. 523. Functions. cannot provide fully for themselves because of (A) public housing; and Sec. 524. Powers. temporary circumstances or factors beyond their (B) the improvement of any such housing. Sec. 525. Fees. control; (3) DISABLED FAMILY.—The term ‘‘disabled Sec. 526. GAO audit. (B) by working to ensure a thriving national family’’ means a family whose head (or his or Subtitle C—Interim Applicability of Public economy and a strong private housing market; her spouse), or whose sole member, is a person Housing Management Assessment Program and with disabilities. Such term includes 2 or more Sec. 531. Interim applicability. (C) by developing effective partnerships persons with disabilities living together, and 1 Sec. 532. Management assessment indicators. among the Federal Government, State and local or more such persons living with 1 or more per- Sec. 533. Designation of PHA’s. governments, and private entities that allow sons determined under the regulations of the Sec. 534. On-site inspection of troubled PHA’s. government to accept responsibility for fostering Secretary to be essential to their care or well- Sec. 535. Administration. the development of a healthy marketplace and being. allow families to prosper without government in- Subtitle D—Accountability and Oversight (4) DRUG-RELATED CRIMINAL ACTIVITY.—The volvement in their day-to-day activities; Standards and Procedures term ‘‘drug-related criminal activity’’ means the (2) the Federal Government cannot through illegal manufacture, sale, distribution, use, or Sec. 541. Audits. its direct action alone provide for the housing of possession with intent to manufacture, sell, dis- Sec. 542. Performance agreements for authori- every American citizen, or even a majority of its ties at risk of becoming troubled. tribute, or use, of a controlled substance (as citizens, but it is the responsibility of the Gov- such term is defined in section 102 of the Con- Sec. 543. Performance agreements and CDBG ernment to promote and protect the independent sanctions for troubled PHA’s. trolled Substances Act). and collective actions of private citizens to de- (5) EFFECTIVE DATE.—The term ‘‘effective Sec. 544. Option to demand conveyance of title velop housing and strengthen their own neigh- to or possession of public housing. date’’, when used in reference to this Act, means borhoods; the effective date determined under section Sec. 545. Removal of ineffective PHA’s. (3) the Federal Government should act where Sec. 546. Mandatory takeover of chronically 601(a). there is a serious need that private citizens or troubled PHA’s. (6) ELDERLY FAMILIES AND NEAR ELDERLY groups cannot or are not addressing responsibly; Sec. 547. Treatment of troubled PHA’s. FAMILIES.—The terms ‘‘elderly family’’ and (4) housing is a fundamental and necessary Sec. 548. Maintenance of records. ‘‘near-elderly family’’ mean a family whose component of bringing true opportunity to peo- Sec. 549. Annual reports regarding troubled head (or his or her spouse), or whose sole mem- ple and communities in need, but providing PHA’s. ber, is an elderly person or a near-elderly per- Sec. 550. Applicability to resident management physical structures to house low-income families son, respectively. Such terms include 2 or more corporations. will not by itself pull generations up from pov- elderly persons or near-elderly persons living to- Sec. 551. Advisory council for Housing Author- erty; gether, and 1 or more such persons living with ity of New Orleans. (5) it is a goal of our Nation that all citizens 1 or more persons determined under the regula- have decent and affordable housing; and tions of the Secretary to be essential to their TITLE VI—REPEALS AND RELATED (6) our Nation should promote the goal of pro- AMENDMENTS care or well-being. viding decent and affordable housing for all (7) ELDERLY PERSON.—The term ‘‘elderly per- Subtitle A—Repeals, Effective Date, and citizens through the efforts and encouragement son’’ means a person who is at least 62 years of Savings Provisions of Federal, State, and local governments, and by age. Sec. 601. Effective date and repeal of United the independent and collective actions of private (8) ELIGIBLE PUBLIC HOUSING AGENCY.—The States Housing Act of 1937. citizens, organizations, and the private sector. term ‘‘eligible public housing agency’’ means, Sec. 602. Other repeals. The CHAIRMAN. Are there any with respect to a fiscal year, a public housing Subtitle B—Other Provisions Relating to Public amendments to section 2? agency that is eligible under section 202(d) for a Housing and Rental Assistance Programs The CHAIRMAN. The Clerk will des- grant under this title. Sec. 621. Allocation of elderly housing amounts. ignate title I. (9) FAMILY.—The term ‘‘family’’ includes a Sec. 622. Pet ownership. The text of title I is as follows: family with or without children, an elderly fam- Sec. 623. Review of drug elimination program ily, a near-elderly family, a disabled family, and contracts. TITLE I—GENERAL PROVISIONS a single person. Sec. 624. Amendments to Public and Assisted SEC. 101. STATEMENT OF PURPOSE. (10) GROUP HOME AND INDEPENDENT LIVING FA- Housing Drug Elimination Act of The purpose of this Act is to promote safe, CILITY.—The terms ‘‘group home’’ and ‘‘inde- 1990. clean, and healthy housing that is affordable to pendent living facility’’ have the meanings May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2117 given such terms in section 811(k) of the Cran- cost’’ means the costs incurred by a public hous- come housing by any State, county, municipal- ston-Gonzalez National Affordable Housing Act. ing agency for production of public housing and ity, or other governmental body or public entity; (11) INCOME.—The term ‘‘income’’ means, with the necessary financing for production (includ- (C) an entity authorized by State law to ad- respect to a family, income from all sources of ing the payment of carrying charges and acqui- minister choice-based housing assistance under each member of the household, as determined in sition costs). title III; or accordance with criteria prescribed by the appli- (20) PUBLIC HOUSING.—The term ‘‘public hous- (D) an entity selected by the Secretary, pursu- cable public housing agency and the Secretary, ing’’ means housing, and all necessary appur- ant to subtitle D of title V, to manage housing; except that the following amounts shall be ex- tenances thereto, that— and cluded: (A) is low-income housing, low-income dwell- (2) complies with the requirements under sub- (A) Any amounts not actually received by the ing units in mixed-finance housing (as provided section (b). family. in subtitle F), or low-income dwelling units in The term does not include any entity that is an (B) Any amounts that would be eligible for ex- mixed income housing (as provided in section Indian housing authority for purposes of the clusion under section 1613(a)(7) of the Social Se- 221(c)(2)); and United States Housing Act of 1937 (as in effect (B)(i) is subject to an annual block grant con- curity Act. before the effectiveness of the Native American tract under title II; or (12) LOCAL HOUSING MANAGEMENT PLAN.—The Housing Assistance and Self-Determination Act term ‘‘local housing management plan’’ means, (ii) was subject to an annual block grant con- tract under title II (or an annual contributions of 1996) or a tribally designated housing entity, with respect to any fiscal year, the plan under as such term is defined in section 4 of the Native section 106 of a public housing agency for such contract under the United States Housing Act of 1937) which is not in effect, but for which occu- American Housing Assistance and Self-Deter- fiscal year. mination Act of 1996. (13) LOW-INCOME FAMILY.—The term ‘‘low-in- pancy is limited in accordance with the require- ments under section 222(a). (b) GOVERNANCE.— come family’’ means a family whose income does (1) BOARD OF DIRECTORS.—Each public hous- not exceed 80 percent of the median income for (21) PUBLIC HOUSING AGENCY.—The term ‘‘public housing agency’’ is defined in section ing agency shall have a board of directors or the area, as determined by the Secretary with other form of governance as prescribed in State adjustments for smaller and larger families, ex- 103. (22) RESIDENT COUNCIL.—The term ‘‘resident or local law. No person may be barred from serv- cept that the Secretary may, for purposes of this council’’ means an organization or association ing on such board or body because of such per- paragraph, establish income ceilings higher or that meets the requirements of section 234(a). son’s residency in a public housing development lower than 80 percent of the median for the area (23) RESIDENT MANAGEMENT CORPORATION.— or status as an assisted family under title III. on the basis of the public housing agency’s find- The term ‘‘resident management corporation’’ (2) RESIDENT MEMBERSHIP.— ings that such variations are necessary because means a corporation that meets the requirements (A) IN GENERAL.—Except as provided in sub- of unusually high or low family incomes. of section 234(b)(2). paragraph (B), in localities in which a public (14) LOW-INCOME HOUSING.—The term ‘‘low- (24) RESIDENT PROGRAM.—The term ‘‘resident housing agency is governed by a board of direc- income housing’’ means dwellings that comply programs and services’’ means programs and tors or other similar body, the board or body with the requirements— services for families residing in public housing shall include not less than 1 member who is an (A) under title II for assistance under such developments. Such term includes (A) the devel- elected public housing resident member (as such title for the dwellings; or opment and maintenance of resident organiza- term is defined in paragraph (5)). (B) under title III for rental assistance pay- tions which participate in the management of (B) EXCEPTIONS.—The requirement in sub- ments under such title for the dwellings. public housing developments, (B) the training of paragraph (A) with respect to elected public (15) NEAR-ELDERLY PERSON.—The term ‘‘near- residents to manage and operate the public housing resident members shall not apply to— elderly person’’ means a person who is at least housing development and the utilization of their (i) any State or local governing body that 55 years of age. services in management and operation of the de- serves as a public housing agency for purposes (16) OPERATION.—When used in reference to velopment, (C) counseling on household man- of this Act and whose responsibilities include public housing, the term ‘‘operation’’ means any agement, housekeeping, budgeting, money man- substantial activities other than acting as the or all undertakings appropriate for manage- agement, homeownership issues, child care, and public housing agency, except that such require- ment, operation, services, maintenance, security similar matters, (D) advice regarding resources ment shall apply to any advisory committee or (including the cost of security personnel), or fi- for job training and placement, education, wel- organization that is established by such govern- nancing in connection with a public housing de- fare, health, and other community services, (E) ing body and whose responsibilities relate only velopment, including the financing of resident services that are directly related to meeting resi- to the governing body’s functions as a public programs and services. dent needs and providing a wholesome living housing agency for purposes of this Act; (17) PERSON WITH DISABILITIES.—The term environment; and (F) referral to appropriate (ii) any public housing agency that owns or ‘‘person with disabilities’’ means a person who— operates less than 250 public housing dwelling (A) has a disability as defined in section 223 agencies in the community when necessary for units (including any agency that does not own of the Social Security Act, the provision of such services. To the maximum or operate public housing); or (B) is determined, pursuant to regulations is- extent available and appropriate, existing public (iii) any public housing agency in a State that sued by the Secretary, to have a physical, men- and private agencies in the community shall be requires the members of the board of directors or tal, or emotional impairment which (i) is ex- used for the provision of such services. other similar body of a public housing agency to pected to be of long-continued and indefinite (25) SECRETARY.—The term ‘‘Secretary’’ means be salaried and to serve on a full-time basis. duration, (ii) substantially impedes his or her the Secretary of Housing and Urban Develop- (3) FULL PARTICIPATION.—No public housing ability to live independently, and (iii) is of such ment. (26) STATE.—The term ‘‘State’’ means the agency may limit or restrict the capacity or of- a nature that such ability could be improved by States of the United States, the District of Co- fices in which a member of such board or body more suitable housing conditions, or may serve on such board or body solely because (C) has a developmental disability as defined lumbia, the Commonwealth of Puerto Rico, the of the member’s status as a resident member. in section 102 of the Developmental Disabilities Commonwealth of the Northern Mariana Is- (4) CONFLICTS OF INTEREST.—The Secretary Assistance and Bill of Rights Act. lands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of shall establish guidelines to prevent conflicts of Such term shall not exclude persons who have the United States and Indian tribes. interest on the part of members of the board or the disease of acquired immunodeficiency syn- (27) VERY LOW-INCOME FAMILY.—The term directors or governing body of a public housing drome or any conditions arising from the etio- ‘‘very low-income family’’ means a low-income agency. logic agent for acquired immunodeficiency syn- family whose income does not exceed 50 percent (5) DEFINITIONS.—For purposes of this sub- drome. Notwithstanding any other provision of of the median family income for the area, as de- section, the following definitions shall apply: law, no individual shall be considered a person termined by the Secretary with adjustments for (A) ELECTED PUBLIC HOUSING RESIDENT MEM- with disabilities, for purposes of eligibility for smaller and larger families, except that the Sec- BER.—The term ‘‘elected public housing resident public housing under title II of this Act, solely retary may, for purposes of this paragraph, es- member’’ means, with respect to the public hous- on the basis of any drug or alcohol dependence. tablish income ceilings higher or lower than 50 ing agency involved, an individual who is a The Secretary shall consult with other appro- percent of the median for the area on the basis resident member of the board of directors (or priate Federal agencies to implement the preced- of the public housing agency’s findings that other similar governing body of the agency) by ing sentence. such variations are necessary because of unusu- reason of election to such position pursuant to (18) PRODUCTION.—When used in reference to ally high or low family incomes. an election— public housing, the term ‘‘production’’ means SEC. 103. ORGANIZATION OF PUBLIC HOUSING (i) in which eligibility for candidacy in such any or all undertakings necessary for planning, AGENCIES. election is limited to individuals who— land acquisition, financing, demolition, con- (a) REQUIREMENTS.—For purposes of this Act, (I) maintain their principal residence in a struction, or equipment, in connection with the the terms ‘‘public housing agency’’ and ‘‘agen- dwelling unit of public housing administered or construction, acquisition, or rehabilitation of a cy’’ mean any entity that— assisted by the agency; and property for use as a public housing develop- (1) is— (II) have not been convicted of a felony; ment, including activity in connection with a (A) a public housing agency that was author- (ii) in which only residents of dwelling units public housing development that is confined to ized under the United States Housing Act of of public housing administered by the agency the reconstruction, remodeling, or repair of ex- 1937 to engage in or assist in the development or may vote; and isting buildings. operation of low-income housing; (iii) that is conducted in accordance with (19) PRODUCTION COST.—When used in ref- (B) authorized under this Act to engage in or standards and procedures for such election, erence to public housing, the term ‘‘production assist in the development or operation of low-in- which shall be established by the Secretary. H2118 CONGRESSIONAL RECORD — HOUSE May 1, 1997

(B) RESIDENT MEMBER.—The term ‘‘resident (C) the amount earned by families having cer- the target date established pursuant to para- member’’ means a member of the board of direc- tain characteristics; or graph (1). tors or other similar governing body of a public (D) the amount earned by families or members (3) FACTORS.—In establishing a target date housing agency who is a resident of a public during certain periods or from certain sources. pursuant to paragraph (1) for a family that re- housing dwelling unit owned, administered, or (3) OTHERS.—Such other amounts for other ceives benefits for welfare or public assistance assisted by the agency or is a member of an as- purposes, as the public housing agency may es- from a State or other public agency under a pro- sisted family (as such term is defined in section tablish. gram that limits the duration during which such 371) assisted by the agency. (d) MEDIAN INCOME.—In determining median benefits may be received, the public housing (c) ESTABLISHMENT OF POLICIES.—Any rules, incomes (of persons, families, or households) for agency and the family may take into consider- regulations, policies, standards, and procedures an area or establishing any ceilings or limits ation such time limit. This section may not be necessary to implement policies required under based on income under this Act, the Secretary construed to require any public housing agency section 106 to be included in the local housing shall determine or establish area median in- to adopt any such time limit on the duration of management plan for a public housing agency comes and income ceilings and limits for West- welfare or public assistance benefits as the tar- shall be approved by the board of directors or chester and Rockland Counties, in the State of get date pursuant to paragraph (1) for a resi- similar governing body of the agency and shall New York, as if each such county were an area dent. be publicly available for review upon request. not contained within the metropolitan statistical (4) EXEMPTIONS.—A public housing agency SEC. 104. DETERMINATION OF ADJUSTED INCOME area in which it is located. In determining such shall provide for the exemption, from the appli- AND MEDIAN INCOME. area median incomes or establishing such in- cability of the requirements under paragraph (a) ADJUSTED INCOME.—For purposes of this come ceilings or limits for the portion of such (1), of each individual who is— Act, the term ‘‘adjusted income’’ means, with re- metropolitan statistical area that does not in- (1) an elderly person; spect to a family, the difference between the in- clude Westchester or Rockland Counties, the (2) a person with disabilities; (3) working, attending school or vocational come of the members of the family residing in a Secretary shall determine or establish area me- training, or otherwise complying with work re- dwelling unit or the persons on a lease and the dian incomes and income ceilings and limits as quirements applicable under other public assist- amount of any income exclusions for the family if such portion included Westchester and Rock- ance programs (as determined by the agencies or under subsections (b) and (c), as determined by land Counties. organizations responsible for administering such the public housing agency. SEC. 105. COMMUNITY WORK AND FAMILY SELF- programs); or (b) MANDATORY EXCLUSIONS FROM INCOME.— SUFFICIENCY REQUIREMENTS. (4) otherwise physically impaired to the extent In determining adjusted income, a public hous- (a) COMMUNITY WORK REQUIREMENT.— that they are unable to comply with the require- ing agency shall exclude from the annual in- (1) IN GENERAL.—Except as provided in para- ment, as certified by a doctor. come of a family the following amounts: graph (3), each public housing agency shall re- (c) TREATMENT OF INCOME CHANGES RESULT- (1) ELDERLY AND DISABLED FAMILIES.—$400 for quire, as a condition of occupancy of a public ING FROM WELFARE PROGRAM REQUIREMENTS.— any elderly or disabled family. housing dwelling unit by a family and of pro- (1) COVERED FAMILY.—For purposes of this (2) MEDICAL EXPENSES.—The amount by viding housing assistance under title III on be- subsection, the term ‘‘covered family’’ means a which 3 percent of the annual family income is half of a family, that each adult member of the family that (A) receives benefits for welfare or exceeded by the sum of— family shall contribute not less than 8 hours of public assistance from a State or other public (A) unreimbursed medical expenses of any el- work per month (not including political activi- agency under a program for which the Federal, derly family; ties) within the community in which the family State, or local law relating to the program re- (B) unreimbursed medical expenses of any resides, which may include work performed on quires, as a condition of eligibility for assistance nonelderly family, except that this subpara- locations not owned by the public housing agen- under the program, participation of a member of graph shall apply only to the extent approved in cy). the family in an economic self-sufficiency pro- appropriation Acts; and (2) EMPLOYMENT STATUS AND LIABILITY.—The gram, and (B) resides in a public housing dwell- (C) unreimbursed reasonable attendant care requirement under paragraph (1) may not be ing unit or is provided housing assistance under and auxiliary apparatus expenses for each construed to establish any employment relation- title III. handicapped member of the family, to the extent ship between the public housing agency and the (2) DECREASES IN INCOME FOR FAILURE TO necessary to enable any member of such family member of the family subject to the work re- COMPLY.—Notwithstanding the provisions of (including such handicapped member) to be em- quirement under such paragraph or to create sections 225 and 322 (relating to family rental ployed. any responsibility, duty, or liability on the part contributions), if the welfare or public assist- (3) CHILD CARE EXPENSES.—Any reasonable ance benefits of a covered family are reduced child care expenses necessary to enable a mem- of the public housing agency for actions arising under a Federal, State, or local law regarding ber of the family to be employed or to further his out of the work done by the member of the fam- such an assistance program because of any fail- or her education. ily to comply with the requirement, except to the ure of any member of the family to comply with (4) MINORS, STUDENTS, AND PERSONS WITH DIS- extent that the member of the family is fulfilling the conditions under the assistance program re- ABILITIES.—$480 for each member of the family the requirement by working directly for such quiring participation in an economic self-suffi- residing in the household (other than the head public housing agency. ciency program, the amount required to be paid of the household or his or her spouse) who is (3) EXEMPTIONS.—A public housing agency by the family as a monthly contribution toward less than 18 years of age or is attending school shall provide for the exemption, from the appli- rent may not be decreased, during the period of or vocational training on a full-time basis, or cability of the requirement under paragraph (1), the reduction, as a result of any decrease in the who is 18 years of age or older and is a person of each individual who is— (A) an elderly person; income of the family (to the extent that the de- with disabilities. (B) a person with disabilities; crease in income is a result of the benefits reduc- (5) CHILD SUPPORT PAYMENTS.—Any payment (C) working, attending school or vocational made by a member of the family for the support tion). training, or otherwise complying with work re- (3) EFFECT OF FRAUD.—Notwithstanding the and maintenance of any child who does not re- quirements applicable under other public assist- provisions of sections 225 and 322 (relating to side in the household, except that the amount ance programs (as determined by the agencies or family rental contributions), if the welfare or excluded under this paragraph may not exceed organizations responsible for administering such public assistance benefits of a covered family $480 for each child for whom such payment is programs); or are reduced because of an act of fraud by a made. (D) otherwise physically impaired to the ex- member of the family under the law or program, (6) EARNED INCOME OF MINORS.—The amount tent that they are unable to comply with the re- of any earned income of a member of the family the amount required to be paid by the covered quirement, as certified by a doctor. who is not— family as a monthly contribution toward rent (A) 18 years of age or older; and (b) REQUIREMENT REGARDING TARGET DATE may not be decreased, during the period of the (B) the head of the household (or the spouse FOR TRANSITION OUT OF ASSISTED HOUSING.— reduction, as a result of any decrease in the in- of the head of the household). (1) IN GENERAL.—Each public housing agency come of the family (to the extent that the de- (c) PERMISSIVE EXCLUSIONS FROM INCOME.— shall require, as a condition of occupancy of a crease in income is a result of the benefits reduc- In determining adjusted income, a public hous- public housing dwelling unit by a family and of tion). ing agency may, in the discretion of the agency, providing housing assistance under title III on (4) NOTICE.—Paragraphs (2) and (3) shall not establish exclusions from the annual income of behalf of a family, that the family and the apply to any covered family before the public a family. Such exclusions may include the fol- agency enter into an agreement (included, pur- housing agency providing assistance under this lowing amounts: suant to subsection (d)(2)(C), as a term of an Act on behalf of the family obtains written noti- (1) EXCESSIVE TRAVEL EXPENSES.—Excessive agreement under subsection (d)) establishing a fication from the relevant welfare or public as- travel expenses in an amount not to exceed $25 target date by which the family intends to grad- sistance agency specifying that the family’s ben- per family per week, for employment- or edu- uate from, terminate tenancy in, or no longer efits have been reduced because of noncompli- cation-related travel. receive public housing or housing assistance ance with economic self-sufficiency program re- (2) EARNED INCOME.—An amount of any under title III. quirements or fraud and the level of such reduc- earned income of the family, established at the (2) RIGHTS OF OCCUPANCY.—This subsection tion. discretion of the public housing agency, which may not be construed (nor may any provision of (5) OCCUPANCY RIGHTS.—This subsection may may be based on— subsection (d) or (e)) to create a right on the not be construed to authorize any public hous- (A) all earned income of the family, part of any public housing agency to evict or ing agency to establish any time limit on ten- (B) the amount earned by particular members terminate assistance for a family solely on the ancy in a public housing dwelling unit or on re- of the family; basis of any failure of the family to comply with ceipt of housing assistance under title III. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2119

(6) REVIEW.—Any covered family residing in tions 226, and into any agreements for the provi- (2) may, at the option of the agency, submit a public housing that is affected by the operation sion of choice-based assistance under title III on plan under this section together with, or as part of this subsection shall have the right to review behalf of a family— of, the comprehensive housing affordability the determination under this subsection through (1) a provision requiring compliance with the strategy (or any consolidated plan incorporat- the administrative grievance procedure estab- requirement under subsection (a); and ing such strategy) for the relevant jurisdiction, lished pursuant to section 110 for the public (2) provisions incorporating the conditions and for concomitant review of such plans sub- housing agency. under subsection (c). mitted together. (7) COOPERATION AGREEMENTS FOR ECONOMIC (f) TREATMENT OF INCOME.—Notwithstanding (d) CONTENTS.—An annual local housing SELF-SUFFICIENCY ACTIVITIES.— any other provision of this section, in determin- management plan under this section for a public (A) REQUIREMENT.—A public housing agency ing the income or tenancy of a family who re- housing agency shall contain the following in- providing public housing dwelling units or sides in public housing or receives housing as- formation relating to the upcoming fiscal year housing assistance under title III for covered sistance under title III, a public housing agency for which the assistance under this Act is to be families shall make its best efforts to enter into shall consider any decrease in the income of a made available: such cooperation agreements, with State, local, family that results from the reduction of any (1) NEEDS.—A statement of the housing needs and other agencies providing assistance to cov- welfare or public assistance benefits received by of low-income and very low-income families re- ered families under welfare or public assistance the family under any Federal, State, or local siding in the community served by the agency, programs, as may be necessary, to provide for law regarding a program for such assistance if and of other low-income families on the waiting such agencies to transfer information to facili- the family (or a member thereof, as applicable) list of the agency (including the housing needs tate administration of subsection (a) and para- has complied with the conditions for receiving of elderly families and disabled families), and graphs (2), (3), and (4) of this subsection, and such assistance and is unable to obtain employ- the means by which the agency intends, to the other information regarding rents, income, and ment notwithstanding such compliance. maximum extent practicable, to address such assistance that may assist a public housing (g) DEFINITION.—For purposes of this section, needs. agency or welfare or public assistance agency in the term ‘‘economic self-sufficiency program’’ (2) FINANCIAL RESOURCES.—A statement of fi- carrying out its functions. means any program designed to encourage, as- nancial resources available for the agency the (B) CONTENTS.—A public housing agency shall sist, train, or facilitate the economic independ- planned uses of such resources that includes— seek to include in a cooperation agreement ence of participants and their families or to pro- (A) a description of the financial resources under this paragraph requirements and provi- vide work for participants, including programs available to the agency; (B) the uses to which such resources will be sions designed to target assistance under wel- for job training, employment counseling, work committed, including all proposed eligible and fare and public assistance programs to families placement, basic skills training, education, required activities under section 203 and hous- residing in public housing developments and re- workfare, financial or household management, ing assistance to be provided under title III; ceiving choice-based assistance under title III, apprenticeship, or other activities as the Sec- (C) an estimate of the costs of operation and which may include providing for self-sufficiency retary may provide. the market rental value of each public housing services within such housing, providing for serv- SEC. 106. LOCAL HOUSING MANAGEMENT PLANS. development; and ices designed to meet the unique employment-re- (a) 5-YEAR PLAN.—The Secretary shall pro- (D) a specific description, based on population lated needs of residents of such housing and re- vide for each public housing agency to submit to and demographic data, of the unmet affordable cipients of such assistance, providing for place- the Secretary, once every 5 years, a plan under housing needs of families in the community ment of workfare positions on-site in such hous- this subsection for the agency covering a period served by the agency having incomes not ex- ing, and such other elements as may be appro- consisting of 5 fiscal years. Each such plan shall ceeding 30 percent of the area median income priate. contain, with respect to the 5-year period cov- and a statement of how the agency will expend (C) CONFIDENTIALITY.—This paragraph may ered by the plan, the following information: grant amounts received under this Act to meet not be construed to authorize any release of in- (1) STATEMENT OF MISSION.—A statement of the housing needs of such families. formation that is prohibited by, or in contraven- the mission of the agency for serving the needs (3) POPULATION SERVED.—A statement of the tion of, any other provision of Federal, State, or of low-income families in the jurisdiction of the policies of the agency governing eligibility, ad- local law. agency during such period. missions, and occupancy of families with respect (d) COMMUNITY WORK AND FAMILY SELF-SUF- (2) GOALS AND OBJECTIVES.—A statement of to public housing dwelling units and housing FICIENCY AGREEMENTS.— the goals and objectives of the agency that will assistance under title III, including— (1) IN GENERAL.—A public housing agency enable the agency to serve the needs identified (A) the requirements for eligibility for such shall enter into a community work and family pursuant to paragraph (1) during such period. units and assistance and the method and proce- self-sufficiency agreement under this subsection (3) CAPITAL IMPROVEMENT OVERVIEW.—If the dures by which eligibility and income will be de- with each adult member and head of household agency will provide capital improvements for termined and verified; of each family who is to reside in a dwelling public housing developments during such pe- (B) the requirements for selection and admis- unit in public housing of the agency and each riod, an overview of such improvements, the ra- sions of eligible families for such units and as- family on behalf of whom the agency will pro- tionale for such improvements, and an analysis sistance, including any preferences and proce- vide housing assistance under title III. Under of how such improvements will enable the agen- dures established by the agency and any out- the agreement the family shall agree that, as a cy to meet its goals, objectives, and mission. reach efforts; condition of occupancy of the public housing The first 5-year plan under this subsection for a (C) the procedures for assignment of families dwelling unit or of receiving such housing as- admitted to dwelling units owned, leased, man- sistance, the family will comply with the terms public housing agency shall be submitted for the 5-year period beginning with the first fiscal year aged, operated, or assisted by the agency; of the agreement. (D) any standards and requirements for occu- for which the agency receives assistance under (2) TERMS.—An agreement under this sub- pancy of public housing dwelling units and this Act. section shall include the following: units assisted under title III, including resident (b) ANNUAL PLAN.—The Secretary shall pro- (A) Terms designed to encourage and facili- screening policies, standard lease provisions, vide for each public housing agency to submit to tate the economic self-sufficiency of the assisted conditions for continued occupancy, termi- the Secretary a local housing management plan family entering into the agreement and the nation of tenancy, eviction, and conditions for under this section for each fiscal year that con- graduation of the family from assisted housing termination of housing assistance; to unassisted housing. tains the information required under subsection (E) the procedures for maintaining waiting (B) Notice of the requirements under sub- (d). For each fiscal year after the initial submis- lists for admissions to public housing develop- section (a) (relating to community work) and sion of a plan under this section by a public ments of the agency, which may include a sys- the conditions imposed by, and exemptions from, housing agency, the agency may comply with tem of site-based waiting lists under section such requirement. requirements for submission of a plan under this 224(c); (C) The target date agreed upon by the family subsection by submitting an update of the plan (F) the criteria for providing and denying pursuant to subsection (b) for graduation from, for the fiscal year. housing assistance under title III to families termination of tenancy in, or termination of re- (c) PROCEDURES.—The Secretary shall estab- moving into the jurisdiction of the agency; and ceipt of public housing or housing assistance lish requirements and procedures for submission (G) the fair housing policy of the agency. under title III. and review of plans, including requirements for (4) RENT DETERMINATION.—A statement of the (D) Terms providing for any resources, serv- timing and form of submission, and for the con- policies of the agency governing rents charged ices, and assistance relating to self-sufficiency tents of such plans. Such procedures shall pro- for public housing dwelling units and rental that will be made available to the family, in- vide that a public housing agency— contributions of assisted families under title III cluding any assistance to be made available (1) shall, in conjunction with the relevant and the system used by the agency to ensure pursuant to subsection (c)(7)(B) under a co- State or unit of general local government, estab- that such rents comply with the requirements of operation agreement entered into under sub- lish procedures to ensure that the plan under this Act. section (c)(7). this section is consistent with the applicable (5) OPERATION AND MANAGEMENT.—A state- (E) Notice of the provisions of paragraphs (2) comprehensive housing affordability strategy (or ment of the rules, standards, and policies of the through (7) of subsection (c) (relating to effect any consolidated plan incorporating such strat- public housing agency governing maintenance of changes in income on rent and assisted fami- egy) for the jurisdiction in which the public and management of housing owned and oper- lies rights under such circumstances). housing agency is located, in accordance with ated by the agency, and management of the (e) LEASE PROVISIONS.—A public housing title I of the Cranston-Gonzalez National Af- public housing agency and programs of the agency shall incorporate into leases under sec- fordable Housing Act; and agency, including— H2120 CONGRESSIONAL RECORD — HOUSE May 1, 1997

(A) a description of the manner in which the (B) ESTABLISHMENT.—The plan shall be estab- (C) submit the plan to the Secretary in accord- agency is organized (including any consortia or lished, with respect to each development, in con- ance with this section; and joint ventures) and staffed to perform the duties sultation with the police officer or officers in (D) make the submitted plan or amendment and functions of the public housing agency and command for the precinct in which the develop- publicly available. to administer the operating fund distributions of ment is located. (f) LOCAL REVIEW.—The public housing agen- the agency; (C) CONTENT.—The plan shall describe the cy shall submit a plan under this subsection to (B) policies relating to the rental of dwelling need for measures to ensure the safety of public any local elected official or officials responsible units, including policies designed to reduce va- housing residents and for crime prevention for appointing the members of the board of di- cancies; measures, describe any such activities con- rectors (or other similar governing body) of the (C) housing quality standards in effect pursu- ducted, or to be conducted, by the agency, and public housing agency for review and approval ant to sections 232 and 328 and any certifi- provide for coordination between the public for a 45-day period beginning on the date that cations required under such sections; housing agency and the appropriate police pre- the plan is submitted to such local official or of- (D) emergency and disaster plans for public cincts for carrying out such measures and ac- ficials (which period may run concurrently with housing; tivities. any period under subsection (e) for public com- (E) priorities and improvements for manage- (D) SECRETARIAL ACTION.—If the Secretary de- ment). If the local official or officials responsible ment of public housing, including initiatives to termines, at any time, that the security needs of under this subsection do not act within 45 days control costs; and a development are not being adequately ad- of submission of the plan, the plan shall be con- (F) policies of the agency requiring the loss or dressed by the plan, or that the local police pre- sidered approved. If the local official or officials termination of housing assistance and tenancy cinct is not complying with the plan, the Sec- responsible under this subsection reject the pub- under sections 641 and 642 (relating to occu- retary may mediate between the public housing lic housing agency’s plan, they shall return the pancy standards for federally assisted housing). agency and the local precinct to resolve any is- plan with their recommended changes to the (6) GRIEVANCE PROCEDURE.—A statement of sues of conflict. If after such mediation has oc- agency within 5 days of their disapproval. The the grievance procedures of the agency under curred and the Secretary determines that the se- agency shall resubmit an updated plan to the section 110. curity needs of the development are not ade- local official or officials within 30 days of re- (7) CAPITAL IMPROVEMENTS.—With respect to quately addressed, the Secretary may require ceiving the objections, If the local official or of- public housing developments owned or operated the public housing agency to submit an amend- ficials again reject the plan, the resubmitted by the agency, a plan describing the capital im- ed plan. plan, together with the local official’s objec- provements necessary to ensure long-term phys- (14) ANNUAL AUDIT.—The results of the most tions, shall be submitted to the Secretary for ap- ical and social viability of the developments. recent fiscal year audit of the agency required proval. (g) PLANS FOR SMALL PHA’S AND PHA’S AD- (8) DEMOLITION AND DISPOSITION.—With re- under section 541(b). MINISTERING ONLY RENTAL ASSISTANCE.—The spect to public housing developments owned or (15) TROUBLED AGENCIES.—Such other addi- Secretary shall establish requirements for sub- operated by the agency— tional information as the Secretary may deter- mission of plans under this section and the in- (A) a description of any such housing to be mine to be appropriate for each public housing formation to be included in such plans applica- demolished or disposed of under subtitle E of agency that is designated— ble to public housing agencies that own or oper- title II; and (A) under section 533(c) as at risk of becoming ate less than 250 public housing dwelling units (B) a timetable for such demolition or disposi- troubled; or tion. (B) under section 533(a) as troubled. and shall establish requirements for such sub- mission and information applicable to agencies (9) DESIGNATION OF HOUSING FOR ELDERLY (16) ASSET MANAGEMENT.—A statement of how AND DISABLED FAMILIES.—With respect to public the agency will carry out its asset management that only administer housing assistance under housing developments owned or operated by the functions with respect to the public housing in- title III (and do not own or operate public hous- agency, a description of any developments (or ventory of the agency, including how the agen- ing). Such requirements shall waive any require- portions thereof) that the agency has designated cy will plan for the long-term operating, capital ments under this section that the Secretary de- or will designate for occupancy by elderly and investment, rehabilitation, modernization, dis- termines are burdensome or unnecessary for such agencies. disabled families in accordance with section 227 position, and other needs for such inventory. and any information required under section (e) CITIZEN PARTICIPATION.— SEC. 107. REVIEW OF PLANS. 227(d) for such designated developments. (1) PUBLICATION OF NOTICE.—Not later than (a) REVIEW AND NOTICE.— (1) REVIEW.—The Secretary shall conduct a (10) CONVERSION OF PUBLIC HOUSING.—With 45 days before the date of a hearing conducted respect to public housing owned or operated by under paragraph (2) by the governing body of a limited review of each local housing manage- the agency, a description of any building or public housing agency, the agency shall— ment plan submitted to the Secretary to ensure that the plan is complete and complies with the buildings that the agency is required, under sec- (A) publish a notice informing the public that requirements of section 106. The Secretary shall tion 203(b), to convert to housing assistance the proposed local housing management plan or have the discretion to review a plan to the ex- under title III or that the agency voluntarily amendment is available for inspection at the tent that the Secretary considers review is nec- converts, an analysis of such buildings required principal office of the public housing agency essary. under such section for conversion, and a state- during normal business hours and make the (2) NOTICE.—The Secretary shall notify each plan or amendment so available for inspection ment of the amount of grant amounts under title public housing agency submitting a plan wheth- II to be used for rental assistance or other hous- during such period; and er the plan complies with such requirements not (B) publish a notice informing the public that ing assistance. later than 75 days after receiving the plan. If a public hearing will be conducted to discuss the (11) HOMEOWNERSHIP ACTIVITIES.—A descrip- the Secretary does not notify the public housing local housing management plan and to invite tion of any homeownership programs of the agency, as required under this subsection and agency under subtitle D of title II or section 329 public comment regarding that plan. subsection (b), the Secretary shall be considered, (2) PUBLIC HEARING.—Before submitting a for the agency and the requirements and assist- for purposes of this Act, to have made a deter- plan under this section or a significant amend- ance available under such programs. mination that the plan complies with the re- ment under section 107(f) to a plan, a public (12) ECONOMIC SELF-SUFFICIENCY AND COORDI- quirements under section 106 and the agency housing agency shall, at a location that is con- NATION WITH WELFARE AND OTHER APPROPRIATE shall be considered to have been notified of com- AGENCIES.—A description of— venient to residents, conduct a public hearing, pliance upon the expiration of such 75-day pe- (A) policies relating to services and amenities as provided in the notice published under para- riod. The preceding sentence shall not preclude provided or offered to assisted families, includ- graph (1), regarding the public housing plan or judicial review regarding such compliance pur- ing the provision of service coordinators and the amendment of the agency. suant to chapter 7 of title 5, United States Code, services designed for certain populations (such (3) CONSIDERATION OF COMMENTS.—A public or an action regarding such compliance under as the elderly and disabled); housing agency shall consider any comments or section 1979 of the Revised Statutes of the Unit- (B) how the agency will coordinate with views made available pursuant to paragraphs ed States (42 U.S.C. 1883). State, local, and other agencies providing assist- (1) and (2) in preparing a final plan or amend- (b) NOTICE OF REASONS FOR DETERMINATION ance to families participating in welfare or pub- ment for submission to the Secretary. A sum- OF NONCOMPLIANCE.—If the Secretary deter- lic assistance programs; mary of such comments or views shall be at- mines that a plan, as submitted, does not com- (C) how the agency will implement and ad- tached to the plan, amendment, or report sub- ply with the requirements under section 106, the minister section 105; and mitted. Secretary shall specify in the notice under sub- (D) any policies, programs, plans, and activi- (4) ADOPTION OF PLAN.—After conducting the section (a) the reasons for the noncompliance ties of the agency for the enhancement of the public hearing under paragraph (2) and consid- and any modifications necessary for the plan to economic and social self-sufficiency of residents ering public comments in accordance with para- meet the requirements under section 106. assisted by the programs of the agency, includ- graph (3), the public housing agency shall make (c) STANDARDS FOR DETERMINATION OF NON- ing rent structures to encourage self-sufficiency. any appropriate changes to the local housing COMPLIANCE.—The Secretary may determine (13) SAFETY AND CRIME PREVENTION.—A plan management plan or amendment and shall— that a plan does not comply with the require- established by the public housing agency, which (A) adopt the local housing management plan; ments under section 106 only if— shall be subject to the following requirements: (B) submit the plan to any local elected offi- (1) the plan is incomplete in significant mat- (A) SAFETY MEASURES.—The plan shall pro- cial or officials responsible for appointing the ters required under such section; vide, on a development-by-development basis, members of the board of directors (or other simi- (2) there is evidence available to the Secretary for measures to ensure the safety of public hous- lar governing body) of the public housing agen- that challenges, in a substantial manner, any ing residents. cy for review and approval under subsection (f); information provided in the plan; May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2121

(3) the Secretary determines that the plan (i) the proposed amendment is plainly incon- FROM PUBLIC HOUSING.—A public housing does not comply with Federal law or violates the sistent with the activities specified in the plan; agency shall exclude from its procedure estab- purposes of this Act because it fails to provide or lished under subsection (a) any grievance con- housing that will be viable on a long-term basis (ii) there is evidence that challenges, in a sub- cerning an eviction from or termination of ten- at a reasonable cost; stantial manner, any information contained in ancy in public housing in any State which re- (4) the plan plainly fails to adequately iden- the amendment; or quires that, prior to eviction, a resident be pro- tify the needs of low-income families for housing (C) the Secretary determines that the plan, as vided a hearing in court which the Secretary de- assistance in the jurisdiction of the agency; amended, violates the purposes of this Act be- termines provides the basic elements of due proc- (5) the plan plainly fails to adequately iden- cause it fails to provide housing that will be via- ess. tify the capital improvement needs for public ble on a long-term basis at a reasonable cost. (c) INAPPLICABILITY TO CHOICE-BASED RENTAL housing developments in the jurisdiction of the (4) AMENDMENTS TO EXTEND TIME OF PER- HOUSING ASSISTANCE.—This section may not be agency; FORMANCE.—Notwithstanding any other provi- construed to require any public housing agency (6) the activities identified in the plan are sion of this subsection, the Secretary may not to establish or implement an administrative plainly inappropriate to address the needs iden- determine that any amendment to the plan of a grievance procedure with respect to assisted tified in the plan; or public housing agency that extends the time for families under title III. (7) the plan is inconsistent with the require- performance of activities assisted with amounts SEC. 111. HEADQUARTERS RESERVE FUND. provided under this title fails to comply with the ments of this Act. (a) ANNUAL RESERVATION OF AMOUNTS.—Not- requirements under section 106 if the Secretary The Secretary shall determine that a plan does withstanding any other provision of law, the has not provided the amount of assistance set not comply with the requirements under section Secretary may retain not more than 2 percent of forth in the plan or has not provided the assist- 106 if the plan does not include the information the amounts appropriated to carry out title II ance in a timely manner. required under section 106(d)(2)(D). for any fiscal year for use in accordance with SEC. 108. REPORTING REQUIREMENTS. (d) TREATMENT OF EXISTING PLANS.—Notwith- this section. (a) PERFORMANCE AND EVALUATION REPORT.— standing any other provision of this title, a pub- (b) USE OF AMOUNTS.—Any amounts that are lic housing agency shall be considered to have Each public housing agency shall annually sub- retained under subsection (a) or appropriated submitted a plan under this section if the agen- mit to the Secretary, on a date determined by for use under this section shall be available for cy has submitted to the Secretary a comprehen- the Secretary, a performance and evaluation re- subsequent allocation to specific areas and com- sive plan under section 14(e) of the United port concerning the use of funds made available munities, and may only be used for the Depart- States Housing Act of 1937 (as in effect imme- under this Act. The report of the public housing ment of Housing and Urban Development and— diately before the effective date of the repeal agency shall include an assessment by the agen- (1) for unforeseen housing needs resulting under section 601(b) of this Act) or under the cy of the relationship of such use of funds made from natural and other disasters; comprehensive improvement assistance program available under this Act, as well as the use of (2) for housing needs resulting from emer- under such section 14, and the Secretary has ap- other funds, to the needs identified in the local gencies, as determined by the Secretary, other proved such plan, before January 1, 1997. The housing management plan and to the purposes than such disasters; Secretary shall provide specific procedures and of this Act. The public housing agency shall cer- (3) for housing needs related to a settlement of requirements for such authorities to amend such tify that the report was available for review and litigation, including settlement of fair housing plans by submitting only such additional infor- comment by affected tenants prior to its submis- litigation; and mation as is necessary to comply with the re- sion to the Secretary. (4) for needs related to the Secretary’s actions (b) REVIEW OF PHA’S.—The Secretary shall, quirements of section 106. under this Act regarding troubled and at-risk at least on an annual basis, make such reviews (e) ACTIONS TO CHANGE PLAN.—A public public housing agencies. as may be necessary or appropriate to determine housing agency that has submitted a plan under whether each public housing agency receiving Housing needs under this subsection may be met section 106 may change actions or policies de- assistance under this section— through the provision of assistance in accord- scribed in the plan before submission and review (1) has carried out its activities under this Act ance with title II or title III, or both. of the plan of the agency for the next fiscal year in a timely manner and in accordance with its SEC. 112. LABOR STANDARDS. only if— local housing management plan; and (a) IN GENERAL.—Any contract for grants, (1) in the case of costly or nonroutine (2) has a continuing capacity to carry out its sale, or lease pursuant to this Act relating to changes, the agency submits to the Secretary an local housing management plan in a timely public housing shall contain the following pro- amendment to the plan under subsection (f) manner. visions: which is reviewed in accordance with such sub- (c) RECORDS.—Each public housing agency (1) OPERATION.—A provision requiring that section; or shall collect, maintain, and submit to the Sec- not less than the wages prevailing in the local- (2) in the case of inexpensive or routine retary such data and other program records as ity, as determined or adopted (subsequent to a changes, the agency describes such changes in the Secretary may require, in such form and in determination under applicable State or local such local housing management plan for the accordance with such schedule as the Secretary law) by the Secretary, shall be paid to all con- next fiscal year. may establish. tractors and persons employed in the operation (f) AMENDMENTS TO PLAN.— SEC. 109. PET OWNERSHIP. of the low-income housing development in- (1) IN GENERAL.—During the annual or 5-year Pet ownership in housing assisted under this volved. period covered by the plan for a public housing Act that is federally assisted rental housing (as (2) PRODUCTION.—A provision that not less agency, the agency may submit to the Secretary such term is defined in section 227 of the Hous- than the wages prevailing in the locality, as any amendments to the plan. ing and Urban-Rural Recovery Act of 1983) predetermined by the Secretary of Labor pursu- (2) REVIEW.—The Secretary shall conduct a shall be governed by the provisions of section ant to the Davis-Bacon Act (40 U.S.C. 276a– limited review of each proposed amendment sub- 227 of such Act. 276a–5), shall be paid to all laborers and me- mitted under this subsection to determine chanics employed in the production of the devel- whether the plan, as amended by the amend- SEC. 110. ADMINISTRATIVE GRIEVANCE PROCE- DURE. opment involved. ment, complies with the requirements of section (a) REQUIREMENTS.—Each public housing 106 and notify each public housing agency sub- The Secretary shall require certification as to agency receiving assistance under this Act shall compliance with the provisions of this section mitting the amendment whether the plan, as establish and implement an administrative amended, complies with such requirements not before making any payment under such con- grievance procedure under which residents of tract. later than 30 days after receiving the amend- public housing will— ment. If the Secretary determines that a plan, as (b) EXCEPTIONS.—Subsection (a) and the pro- (1) be advised of the specific grounds of any visions relating to wages (pursuant to sub- amended, does not comply with the requirements proposed adverse public housing agency action; under section 106, such notice shall indicate the section (a)) in any contract for grants, sale, or (2) have an opportunity for a hearing before lease pursuant to this Act relating to public reasons for the noncompliance and any modi- an impartial party (including appropriate em- fications necessary for the plan to meet the re- housing, shall not apply to any individual ployees of the public housing agency) upon who— quirements under section 106. If the Secretary timely request within a reasonable period of does not notify the public housing agency as re- (1) performs services for which the individual time; volunteered; quired under this paragraph, the plan, as (3) have an opportunity to examine any docu- (2)(A) does not receive compensation for such amended, shall be considered, for purposes of ments or records or regulations related to the services; or this section, to comply with the requirements proposed action; under section 106. (4) be entitled to be represented by another (B) is paid expenses, reasonable benefits, or a (3) STANDARDS FOR DETERMINATION OF NON- person of their choice at any hearing; nominal fee for such services; and COMPLIANCE.—The Secretary may determine (5) be entitled to ask questions of witnesses (3) is not otherwise employed at any time in that a plan, as amended by a proposed amend- and have others make statements on their be- the construction work. ment, does not comply with the requirements half; and SEC. 113. NONDISCRIMINATION. under section 106 only if— (6) be entitled to receive a written decision by (a) IN GENERAL.—No person in the United (A) the plan, as amended, would be subject to the public housing agency on the proposed ac- States shall on the grounds of race, color, na- a determination of noncompliance in accordance tion. tional origin, religion, or sex be excluded from with the provisions of subsection (c); (b) EXCLUSION FROM ADMINISTRATIVE PROCE- participation in, be denied the benefits of, or be (B) the Secretary determines that— DURE OF GRIEVANCES CONCERNING EVICTIONS subjected to discrimination under any program H2122 CONGRESSIONAL RECORD — HOUSE May 1, 1997 or activity funded in whole or in part with to provide any programs or services for resi- Page 40, line 19, insert the following new amounts made available under this Act. Any dents.’’. subparagraph: prohibition against discrimination on the basis The text of amendment No. 34 offered (G) the procedures for coordination with of age under the Age Discrimination Act of 1975 entities providing assistance to homeless by Mr. KNOLLENBERG is as follows: or with respect to an otherwise qualified handi- families in the jurisdiction of the agency; capped individual as provided in section 504 of Page 25, after line 20, insert the following and the Rehabilitation Act of 1973 shall also apply new subsection: Page 40, line 20, strike ‘‘(G)’’ and insert to any such program or activity. (e) AVAILABILITY OF INCOME MATCHING IN- ‘‘(H)’’. FORMATION.— (b) CIVIL RIGHTS COMPLIANCE.—Each public The text of amendment No. 38 offered housing agency that receives grant amounts (1) DISCLOSURE TO PHA.—A public housing by Mr. SMITH of Michigan is as follows: under this Act shall use such amounts and agency shall require any family described in carry out its local housing management plan paragraph (2) who receives information re- Page 43, line 19, strike ‘‘of any’’ and all approved under section 107 in conformity with garding income, earnings, wages, or unem- that follows through line 19, and insert the title VI of the Civil Rights Act of 1964, the Fair ployment compensation from the Depart- following: Housing Act, section 504 of the Rehabilitation ment of Housing and Urban Development of— Act of 1973, the Age Discrimination Act of 1975, pursuant to income verification procedures (A) any homeownership programs of the and the Americans With Disabilities Act of 1990, of the Department of disclose such informa- agency under subtitle D of title II or section and shall affirmatively further fair housing. tion, upon receipt of the information, to the 329 for the agency; public housing agency that owns or operates (B) the requirements and assistance avail- SEC. 114. PROHIBITION ON USE OF FUNDS. the public housing dwelling unit in which able under the programs described pursuant None of the funds made available to the De- such family resides or that provides the to subparagraph (A); and partment of Housing and Urban Development to housing assistance on behalf of such family, (C) the annual goals of the agency for addi- carry out this Act, which are obligated to State as applicable. tional availability of homeownership units. or local governments, public housing agencies, (2) APPLICABILITY TO FAMILIES RECEIVING OFFERED BY: MR. SMITH OF MICHIGAN housing finance agencies, or other public or PUBLIC HOUSING OR CHOICE-BASED HOUSING AS- quasi-public housing agencies, shall be used to Amendment No. 39: Page 56, strike lines 14 SISTANCE.—A family described in this para- indemnify contractors or subcontractors of the through 18, and insert the following: graph is a family that resides in a dwelling government or agency against costs associated Pet ownership policy shall be established unit— with judgments of infringement of intellectual by the public housing agency. When estab- (A) that is a public housing dwelling unit; property rights. lishing such policy, the public housing agen- or SEC. 115. INAPPLICABILITY TO INDIAN HOUSING. cy shall consider the positive effects of pet (B) for which housing assistance is pro- ownership. Except as specifically provided by law, the vided under title III (or under the program provisions of this title, and titles II, III, IV, and for tenant-based assistance under section 8 The CHAIRMAN. Is there objection V shall not apply to public housing developed or of the United States Housing Act of 1937 (as to the request of the gentleman from operated pursuant to a contract between the in effect before the effective date of the re- New York? Secretary and an Indian housing authority peal under section 601(b) of this Act)). Mr. KENNEDY of Massachusetts. Re- under the United States Housing Act of 1937 or (3) PROTECTION OF APPLICANTS AND PARTICI- serving the right to object, Mr. Chair- to housing assisted under the Native American PANTS.—Section 904 of the Stewart B. McKin- man, I rise to say I might withdraw my Housing Assistance and Self-Determination Act ney Homeless Assistance Amendments Act of of 1996. objection, but I just want to seek some 1988 (42 U.S.C. 3544) is amended— clarification on a couple of these issues SEC. 116. REGULATIONS. (A) in subsection (b)— (a) IN GENERAL.—The Secretary may issue (i) in paragraph (2), by striking ‘‘and’’ at that have been raised. any regulations necessary to carry out this Act. the end; As I understand it, Mr. Chairman, on This subsection shall take effect on the date of (iii) in paragraph (3), by striking the period the Smith amendment No. 37, that is the enactment of this Act. at the end and inserting ‘‘; and ’’; and now going to read something to the ef- (b) RULE OF CONSTRUCTION.—Any failure by (ii) by adding at the end the following new fect that this paragraph may not be the Secretary to issue any regulations author- paragraph: construed to require any public hous- ized under subsection (a) shall not affect the ef- ‘‘(4) only in the case of an applicant or par- ing agency to provide any program or ticipant that is a member of a family de- fectiveness of any provision of this Act or any services for residents. amendment made by this Act. scribed in section 104(e)(2) of the Housing Op- portunity and Responsibility Act of 1997, I just wondered if the chairman of AMENDMENTS OFFERED BY MR. LAZIO OF NEW the committee might explain that to YORK sign an agreement under which the applicant us. Mr. LAZIO of New York. Mr. Chair- or participant agrees to provide to the appro- priate public housing agency the information Mr. SMITH of Michigan. Mr. Chair- man, I offer several amendments con- required under such section 104(e)(1) of the man, will the gentleman yield? sisting of the amendment of the gen- Housing Opportunity and Responsibility Act Mr. LAZIO of New York. I yield to tleman from Michigan [Mr. SMITH] of 1997 for the sole purpose of the public the gentleman from Michigan. which is at the desk and replaces the housing agency verifying income informa- Mr. SMITH of Michigan. Mr. Chair- amendment printed in the RECORD and tion pertinent to the applicant’s or partici- pant’s eligibility or level of benefits, and man, the language currently does not numbered 37, the amendment of the require the housing authority to per- gentleman from Michigan [Mr. comply with such agreement.’’; and (B) in subsection (c)— form these functions. However, a lot of KNOLLENBERG] printed in the RECORD (i) in paragraph (2)(A), in the matter pre- my housing authorities feel that the and numbered 34, the amendment of ceding clause (I)— existing language does require them to the gentleman from Minnesota [Mr. (I) by inserting before ‘‘or’’ the first place provide these kinds of services and VENTO] printed in the RECORD and it appears the following: ‘‘, pursuant to sec- counseling, so as we talked to the gen- numbered 22, and the amendment of tion 104(e)(1) of the Housing Opportunity and tleman’s counsel and our counsel, they the gentleman from Michigan [Mr. Responsibility Act of 1997 from the applicant or participant,’’; and were comfortable with making that SMITH] printed in the RECORD and num- more specific, that the PHA’s do not bered 38, and I ask unanimous consent (II) by inserting ‘‘or 104(e)(I)’’ after ‘‘such section 303(i)’’; and (ii) in paragraph (3)— have to provide that function. that they be considered en bloc. (I) in subparagraph (A), by inserting ‘‘, sec- Mr. KENNEDY of Massachusetts. I believe, Mr. Chairman, that Mem- tion 104(e)(1) of the Housing Opportunity and Continuing to reserve my right to ob- bers of the minority have the amend- Responsibility Act of 1997,’’ after ‘‘Social Se- ject, Mr. Chairman, the gentleman and ments, including the corrected amend- curity Act’’; and I agree on a number of different issues ment that is at the desk. (II) in subparagraph (A), by inserting ‘‘or out here. I cannot say that a require- b agreement, as applicable,’’ after ‘‘consent’’; 1315 (III) in subparagraph (B), by inserting ‘‘sec- ment that says ‘‘This paragraph may The CHAIRMAN. The Clerk will re- tion 104(e)(1) of the Housing Opportunity and not be construed to require any public port amendment No. 37 and designate Responsibility Act of 1997,’’ after ‘‘Social Se- housing agency to provide any pro- the remaining amendments. curity Act,’’; and grams or services for residents,’’ that The Clerk read as follows: (IV) in subparagraph (B), by inserting sounds patently ridiculous. What are ‘‘such section 104(e)(1),’’ after ‘‘such section we talking about here? Amendment No. 37 offered by Mr. SMITH of 303(i),’’ each place it appears. Michigan: That is exactly what public housing Page 16, line 14, after the period insert the The text of amendment No. 22 offered is supposed to do. I think we ought to following: ‘‘This paragraph may not be con- by Mr. VENTO is as follows: be encouraging public housing agencies strued to require any public housing agency Page 40, line 19, strike ‘‘and’’. to work with tenant organizations in May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2123 order to make certain that the basic The CHAIRMAN. Is there objection Mr. Chairman, I rise in support of the services that are required in order for to the request of the gentleman from Lazio en bloc amendment. public housing to work well are in fact New York? Mr. Chairman, as Members know, in included. There was no objection. this bill we provide for a 5-year local I do not know why we would be in- Mr. LAZIO of New York. Mr. Chair- housing management plan to be devel- cluding language like this. I under- man, I ask unanimous consent that oped. I felt it was important, and I of- stand what the gentleman’s concerns amendment No. 34 offered by the gen- fered a committee amendment in the are, but I do not think that this par- tleman from Michigan [Mr. full committee during the consider- ticular language really gets to the gen- KNOLLENBERG], amendment No. 22 of- ation that this include consideration in tleman’s concerns. fered by the gentleman from Minnesota terms of community planning with re- Mr. SMITH of Michigan. If the gen- [Mr. VENTO], and amendment No. 38 of- gard to the homeless and the type of tleman will continue to yield, Mr. fered by gentleman from Michigan [Mr. planning that is being done for the Chairman, if the gentleman is not com- SMITH] be considered en bloc. total needs of the community, and the fortable, I would suggest maybe we The CHAIRMAN. The Clerk will re- nature of that population in this com- move to exclude it, but let me try once designate the amendments. munity planning process. more at the explanation. The Clerk redesignated amendment This rewrite of that amendment has This is under ‘‘Definitions,’’ and it No. 34 offered by Mr. KNOLLENBERG, won the support of the subcommittee starts on page 15, line 18, of what resi- amendment No. 22 offered by Mr. chairman, and I thank him for that dent programs are. It is a definition of VENTO, and amendment No. 38 offered support. The homeless issue is obvi- ‘‘resident program.’’ The only other by Mr. SMITH of Michigan. ously important, now as we move this area that ‘‘resident programs’’ is ref- The CHAIRMAN. Is there objection bill to the Senate, that we look to a fu- erenced is in a funding provision that to the request of the gentleman from ture rewrite of the McKinney homeless says ‘‘Included in funding may be these New York? assistance programs, which I know the different functions.’’ There was no objection. subcommittee chairman has intro- Mr. KENNEDY of Massachusetts. Mr. LAZIO of New York. Mr. Chair- duced. This amendment will be helpful Continuing to reserve my right to ob- man, I yield back my time. in terms of closing the loop in the ject, Mr. Chairman, I understand the Mr. KNOLLENBERG. Mr. Chairman, housing planning process, I believe, so concern that the gentleman from I move to strike the last word. there is no difference in terms of the Michigan has, but I would like to Mr. Chairman, what I want to do is plans that are developed necessarily by maybe just ask the chairman of the thank the gentleman from New York housing committee, the gentleman communities under the McKinney, or [Mr. LAZIO], his staff, and the gen- under this public housing bill that is from New York [Mr. LAZIO] to engage tleman from Massachusetts [Mr. KEN- before us. in a colloquy as well. NEDY] for their willingness and co- I would say to the gentleman, I think I thank the gentleman from New operation on the language that was York [Mr. LAZIO] and the gentleman this language is far too broad to be ac- part of the request for the amendments tually included in this bill. I would be from Massachusetts [Mr. KENNEDY] en bloc. I believe that that language again for their support with this willing to work with the gentleman be- will do a great deal to reduce the tween now and the conference to make amendment. amount of fraud and abuse that exists As Members know, H.R. 2 creates a re- certain that there could be no mis- when an individual is on public housing understanding, and to perhaps include quirement in section 106 that PHA's must cre- and the public housing PHA’s are re- ate a 5-year local housing management plan some language that might get to the quired to report their income. concern of the gentleman from Michi- and annual plans that provide information to What I wanted to do today, and I am show housing needs, what resources are gan [Mr. SMITH]. But I do not believe not going to offer it, I wanted to sub- this is appropriate language to be in- available, the policies of the agency governing mit another amendment that would go eligibility and admissions, et cetera. cluded in this bill. further. The language in the en bloc Mr. LAZIO of New York. Mr. Chair- I revised an amendment I offered in commit- amendments did not go far enough, in man, will the gentleman yield? tee because of concerns raised by the chair- Mr. KENNEDY of Massachusetts. I my judgment, but I believe that an- man of the Housing Subcommittee. My re- yield to the gentleman from New York. other time, another day, we will be vised amendment No. 22, has been included Mr. LAZIO of New York. Mr. Chair- able to offer this, because what it does, in the en bloc amendment. man, I would offer this, if this is ac- it strengthens the disclosable income My amendment seeks to improve the local ceptable to my friend. that individuals have that is presented housing management plans by requiring them If I could move to have this amend- to the housing authority. to include information explaining the proce- ment removed from the en bloc unani- I want to work continually with the dures for coordination with the entities that mous-consent request, and then I will gentleman from New York [Mr. LAZIO], provide assistance to homeless families in the ask the gentleman from Michigan [Mr. with the gentleman from Massachu- jurisdiction of the agency. SMITH] to come over and see if we can setts [Mr. KENNEDY], and also with the It is a simple amendment that seeks to work out some language. If that is not Committee on Ways and Means to close the loop in terms of community planning possible, then we will see what we need present this in a fashion that I believe for the very low-income persons who are to do subsequent to that. But for the will be a provision that will strengthen homeless and may have difficulty participating time being, what we can do is delete further what it is that we want to do. in the public comment period. It will provide for this from the en bloc request. We want to actually eliminate fraud a method to tie together the homeless plan- If this is of some concern to the gen- and abuse. We only have so many dol- ning that we envision in a future rewrite of the tleman, I am happy to try to accommo- lars to go around. My language that McKinney homeless assistance programs. date that. would be presented in a second amend- The amendment will assure that the popu- Mr. KENNEDY of Massachusetts. Mr. ment will make sure that as much lations who are the most vulnerable in a com- Chairman, on that issue with the drop- money as possible goes to those people munity, the homeless, will be taken into ac- ping of amendment 37 from this en who need it. count in localities planning for the public hous- bloc, and with the understanding we I think the most important thing is ing. This is more important as we begin to see will try to work something out, I am that each dollar that is lost due to the impacts of welfare reform and changes in happy to withdraw my reservation of fraud and abuse denies money to oth- the targeting provisions of this bill that may in- objection. ers. Again, I simply want to thank the crease the ranks of the homeless. The CHAIRMAN. Does the gentleman chairman, the gentleman from New Mr. KENNEDY of Massachusetts. Mr. from New York [Mr. LAZIO] modify his York [Mr. LAZIO], the staff, and the Chairman, I move to strike the req- unanimous-consent request? ranking member, the gentleman from uisite number of words. Mr. LAZIO of New York. Mr. Chair- Massachusetts [Mr. KENNEDY] for their Mr. Chairman, briefly, I just want to man, I ask unanimous consent to with- cooperation and willingness. thank my good friend, the gentleman draw amendment No. 37 from the unan- Mr. VENTO. Mr. Chairman, I move to from Minnesota [Mr. VENTO] for all the imous-consent request. strike the requisite number of words. work he has done on behalf of homeless H2124 CONGRESSIONAL RECORD — HOUSE May 1, 1997 families. There is no one in the Con- sion of subsection (d) or (e)) to create a right to empower, and displaces low wage gress of the United States who has on the part of any public housing agency to workers. If we want to encourage self- worked for more years to bring this evict or terminate assistance for a family sufficiency, we should assist residents solely on the basis of any failure of the fam- issue up. He took a great deal of leader- ily to comply with the community work re- in finding jobs, not force uncompen- ship on the original McKinney act, of quirement under paragraph (1). sated labor. If we create a steady flow which those provisions, most of those Page 33, line 14, before the comma insert of millions of hours of free labor, why provisions actually, the gentleman ‘‘(except to the extent that this section spe- would PHA’s, nursing homes, or other from Minnesota wrote. cifically limits any authority to evict or ter- organizations need to hire employees He then chaired for many years the minate assistance)’’. for housekeeping, for groundswork, for homeless committee here in the Con- Mr. JACKSON of Illinois. Mr. Chair- maintenance or other low-wage jobs? gress, and rewrote many of those provi- man, I have some serious concerns with Labor groups are strongly opposed to sions, and put together, I think, a very, section 105 of the bill which mandates this provision because it will displace very important block grant proposal uncompensated community work in re- low-wage labor with thousands of un- that has greatly refined the way those turn for housing assistance. Evicting paid servants. residents from their homes if they fail programs operate. He is continuing b 1330 those efforts today with this provision to volunteer is not voluntarism. We that tries to make certain we take into cannot mandate voluntarism. The con- It is no accident that this provision account some of the issues pertaining cept is obviously a contradiction in requires 8 hours of work, the number of to homelessness when we are dealing terms. hours in a regular workday. The most with public housing policy. My amendment would keep section disturbing aspect of section 105 is its So I think on behalf of the members 105 basically intact by requiring public disparate treatment of the Nation’s of the Committee on Banking and Fi- housing residents to fulfill community poor. In this country we hold adequate nancial Affairs, and the Subcommittee work requirements. The only change housing to be a matter of such fun- that it will make will be to protect on Housing and Community Oppor- damental dignity that we provide Fed- residents from eviction for failure to tunity in particular, we want to thank eral home ownership subsidies to mid- perform volunteer work in exactly the him for the efforts that he continues to dle and upper class income Americans same way the majority did in the man- make. in the amount of $86.6 billion per year. ager’s amendment with regard to the Mr. SMITH of Michigan. Mr. Chairman, I By contrast all Federal low income target date provision. housing assistance equals roughly only thank my colleagues for supporting and pass- Let us be absolutely clear about what ing my amendment No. 38 in yesterday's $29 billion per year. We do not mandate we are debating with respect to the community work in return for home- Journal that promotes home ownership. work requirements in section 105. I be- Conventional wisdom in Washington is that ownership deductions. Why do we man- lieve we should encourage voluntary date uncompensated labor upon those low-income families can't afford to own their community service, because it provides own homes. Habitat for Humanity and other hit hardest by our Nation’s affordable an invaluable benefit to the commu- housing crisis? programs have shown that even families earn- nity and to the persons volunteering ing $10,000, $15,000, or $20,000 per year can The message is that you are middle their time. I believe public housing or upper class and can afford a down- own their own homes. America's families, in- residents have a responsibility to cluding those with low incomes, should have payment, then housing is a right. But maintain their communities in proper if you are poor, then adequate shelter the chance to achieve the American Dream. condition. I believe poor people should My amendment encourages public housing is a privilege that you must repay. work, want to work in living wage jobs. One very important thing that the agencies to provide assistance for low-income Section 105 is not about jobs or vol- families desiring homeownership. It also di- majority seems to forget is that public untarism, however. It, in fact, under- housing residents do not receive hous- rects agencies to establish annual goals for mines those objectives and undermines ing assistance for free. They pay rent. additional homeownership units. This is not a the majority’s stated goal of fostering On a full-time minimum wage salary government giveaway program. Each new personal responsibility. Community earning less than $11,000 per year, resi- homeowner would have to save a downpay- service, when it is voluntary, allows dents may not be able to pay as much ment, demonstrate the responsibility to be a residents to take pride and personal re- for rent as others, but they pay what homeowner, and make timely payments. sponsibility in their efforts. Forced they can. Housing agencies would work with the com- community work, however, brings to Section 105 would threaten them munityÐbanks, mortgage originators, realtors, mind the type of punishment imposed with eviction if they do not perform religious institutions, charities, and government by a judge for a crime. It is inappropri- community work in addition to the agenciesÐto provide these opportunities. ate to treat residents of housing assist- rent that they already pay. If we begin Owning property and accumulating net ance as if they have committed a crime mandating community work in return worth empowers and motivates the poor. It is simply by being poor. for housing assistance, what is next? a possibility that should be held out to low-in- Forced voluntarism, under penalty of Will we require community work in re- come workers who are disciplined and indus- eviction, demeans residents by saying turn for farm subsidies, for LIHEAP as- trious. For the specific language of the amend- they are lazy. It tells them that we do sistance, for Medicare, for Federal in- ment, see the CONGRESSIONAL RECORD of not trust them to take part in their surance for banks and savings and April 30 or contact my office at 225±6276. own communities, so we must force The CHAIRMAN. The question is on them to do so. There is no pride in loans, food stamps or corporate wel- the amendments offered by the gen- community service when it is man- fare? The 13th amendment to the U.S. Con- tleman from New York [Mr. LAZIO]. dated as if residents have done some- The amendments were agreed to. thing wrong. stitution prohibits involuntary ser- There are many examples of commu- vitude, except as punishment for crime. AMENDMENT NO. 8 OFFERED BY MR. JACKSON OF This amendment was enacted so that ILLINOIS nity service which already exist in our no person in this country would be Mr. JACKSON of Illinois. Mr. Chair- public housing communities today. forced to work without compensation man, I offer amendment No. 8. Many committed residents take part in unless convicted of a crime. The CHAIRMAN. The Clerk will des- neighborhood watches, in resident Being poor and receiving housing as- ignate the amendment. councils, and cleanup efforts. In the sistance, Mr. Chairman, is not a crime. The text of the amendment is as fol- Chicago Housing Authority, about 800 On the contrary, the Housing Act of lows: residents take part in tenant patrols. No one has tried to force them into 1937 established that access to ade- Amendment No. 8 offered by Mr. JACKSON these efforts until now. We must not quate shelter should be a basic human of Illinois: Page 25, line 25, strike the second right. H.R. 2 would strip this basic dig- comma and all that follows through the take away their sense of pride by tell- comma in line 3 on page 26. ing them that they are merely fulfill- nity from all Americans and abandon Page 27, after line 10, insert the following: ing a mandatory work requirement. our Nation’s commitment to ensuring (4) RIGHTS OF OCCUPANCY.—This subsection Section 105 also undermines job cre- that poor and working class Americans may not be construed (nor may any provi- ation for the very people we are trying have shelter. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2125 The CHAIRMAN. The time of the cies, according to Congressional Budg- asked to do something in return, a gentleman from Illinois [Mr. JACKSON] et Office estimates, will be $35 million sense of reciprocity. We are asking not has expired. per year. That is $35 million per year 18 or 80 hours a month; we are asking (By unanimous consent, Mr. JACKSON that local housing authorities could 8 hours a month, 2 hours a week in re- of Illinois was allowed to proceed for 1 spend on other housing needs. They turn for rental payment, for an apart- additional minute.) must now hire somebody to run these ment, and in many cases utilities. Mr. JACKSON of Illinois. Mr. Chair- programs. We are asking people to contribute in man, I would like clarification on just My colleagues on the committee and any number of ways, whether it is from one section of the bill. Page 26, line 1, the proponents of this bill have failed sweeping their own halls to removing it appears that this bill makes the 8 to address the liability issues associ- graffiti to helping with the Neighbor- hours of work a condition of occu- ated with this provision. If I am an el- hood Watch Program, to helping with pancy. Does this mean that a person derly person and I am mandated to go, the not-for-profit in their own back- can be evicted if they fail to perform a poor person, and I am mandated to go yard. the work? out and volunteer time, I am cutting Let me tell my colleagues something: Mr. LAZIO of New York. Mr. Chair- grass in the public square, a piece of When we say this, we are saying we man, will the gentleman yield? glass flies up and cuts me on the leg. also respect you as tenants, we respect Mr. JACKSON of Illinois. I yield to Guess what this bill says? It says the the fact that we think that you can the gentleman from New York. housing authority has no liability. No- contribute to your community, we Mr. LAZIO of New York. Mr. Chair- body has any liability other than the think that you have talents, we think man, it does. person that we sent out there and man- that some of the residents may find Mr. JACKSON of Illinois. Mr. Chair- dated that they do this work. So there that they have talents that they had man, are we prepared to put human is no provision for what happens if not recognized previously, talents that beings and their families on the street somebody gets hurt. We should not be include teaching other people, helping if they fail to satisfy this requirement? doing this, Mr. Chairman. other people, organizing, managing, Mr. LAZIO of New York. Mr. Chair- I know it sounds like a good idea, as working. man, if the gentleman will continue to we sit in our ivory towers and we try to This is an effort to reconnect people yield, as with other conditions of the make it sound like these people who with civic responsibility, and it is both lease, it is a legally enforceable ele- live in public housing are irresponsible an unfair and inaccurate representa- ment of the lease and can be enforced and trifling and do not want to do any- tion to compare these things to issues subject to the force of law in any court. thing, but that is inconsistent with my involving deductions in the Tax Code. Mr. JACKSON of Illinois. Mr. Chair- experience. The public housing resi- Because if you do that, you must pre- man, does this mean that only public dents are already voluntarily, they do sume that the Government has the housing residents are being singled out not have to be mandated, they are vol- first claim on your money and then for this voluntary work requirement? untarily, many of them, keeping up you are lucky to get some back. Mr. LAZIO of New York. Mr. Chair- their communities, going to commu- This is the case of a benefit for peo- man, I would say the gentleman’s char- nity watch meetings, going to various ple who are not able to get into public acterization of it being a voluntary meetings that they must go to to try housing, and that is the majority of work requirement, the bill calls it to make their lives better. And here we people. We have heard in this Chamber ‘‘community service,’’ and that is, in are mandating that they volunteer. that we are probably meeting the needs fact, what it is. It applies to all people This is a mandated requirement. of only one-quarter of the population who receive the benefits of public hous- There is no parallel. I ask my col- who needs help. And for those three- ing under H.R. 2. leagues to take this provision from the quarters who are not lucky enough to Mr. WATT of North Carolina. Mr. bill and pass the amendment of the get into public housing, they are not Chairman, I move to strike the last gentleman from Illinois [Mr. JACKSON]. working 8 hours a month, they are not word. Mr. LAZIO of New York. Mr. Chair- working 8 hours a week, they are work- Mr. Chairman, I rise in support of the man, I move to strike the requisite ing 30 and 40 and 50 and 60 hours a amendment of the gentleman from Illi- number of words, and I rise in opposi- month simply to pay the rent; and that nois. I think I have made my feelings tion to the amendment. does not even include the utilities and about this issue of mandated volunta- Let us first identify what this maintenance costs for the places that rism well known in the committee. I amendment is not about. This amend- they live. hope that my colleagues on both sides ment is not about striking the commu- It is entirely reasonable to ask peo- of the aisle will take this debate seri- nity service portion from the bill. What ple who have asked for public housing ously and understand exactly how pa- it is about is striking the provision who are receiving a benefit to contrib- ternalistic this provision is. that allows us to enforce it. Why in the ute back to their community and to There are no parallels that I have world would we have something in the help themselves. We are not asking been able to find in any other Federal bill that we consider a requirement, a people to give to Big Brother in Wash- Government laws. This is not a work condition of a leasehold, and then not ington. We are asking people to help requirement. Work implies compensa- allow for enforcement? their own neighborhood, to start with tion. This is a volunteer mandate. If What that does, Mr. Chairman, is to their own hallway, their own building, you are to live in public housing, you encourage people to disrespect the their own complex, their own develop- are mandated to volunteer, if that is rules, the mutual obligations, and the ment. not inconsistent, 8 hours of work per laws that we put in place. We are ei- Mr. Chairman, we are exempting peo- month, 8 hours of voluntarism. ther for it or not for it. ple who are elderly from this provision, There is not another parallel in the This is not without precedent. We we are exempting people who are dis- Federal law. We do not require recipi- ask people who get medical school abled in this provision, we are exempt- ents of the benefits of introductions for scholarships to contribute a certain ing people who are employed part time homeownership to volunteer their amount of time in low-income areas in or full time from this provision. We are time. We do not require anybody to their practice. I wonder if we tied this simply asking people to give back who volunteer their time without being to this amendment if this House would are able-bodied, who are younger or compensated for it. There are no par- still vote for it, if we said people no middle-aged and who have the capacity allels to this except an experiment that longer, students no longer need to to give something, anything, back to we had many, many years ago that we work low-income areas in exchange for their community. should be ashamed of. their scholarship money. How that strikes anybody as unrea- As we have previously talked about, This House has adopted the sonable is really beyond me. It is a local public housing agencies are being Americorps Program, and many people sense of helping to reconnect America. mandated to administer, organize, and might say that the people that partici- I hope that we ask more Americans to run these volunteer programs. The pate in Americorps could not pursue an contribute to their neighborhoods and total cost to local public housing agen- education but for the fact that they are to their communities. We have almost H2126 CONGRESSIONAL RECORD — HOUSE May 1, 1997

11⁄2 million families in America that have housing programs that make up here, this is proposed by the Demo- avail themselves of the benefit of pub- the difference. Now we are saying, lis- cratic administration. lic housing. Probably less than one- ten, if an individual gets that housing Mr. KENNEDY of Massachusetts. Mr. third of those would be eligible and ask program, in addition to everything else Chairman, will the gentleman yield? to participate through this program. they have to go out and volunteer or Mr. LEACH. I yield to the gentleman But even with that, we are talking else we will snap their housing pro- from Massachusetts. about hundreds of thousands of Ameri- gram back. Mr. KENNEDY of Massachusetts. The cans contributing to improve their own All I say is, fine, let us go ahead and truth of the matter is the Democratic community. start with this mandate. Let us start it version does not throw a person out of Mr. KENNEDY of Massachusetts. Mr. across the board. Let us go to the oil their house. Chairman, I move to strike the req- and gas industry and say to the oil and Mr. LEACH. Reclaiming my time, uisite number of words. gas fellows, I used to be one before I Mr. Chairman, the Democratic version Mr. Chairman, I do not think there came to the Congress, let us say to is what the gentleman is offering to could be any more classic example of them, anyone who gets an oil depletion this bill. The Democratic administra- this House, particularly the Republican allowance, let us say to them they tion is what I referred to. Party, in equating poverty with a mo- have to volunteer. Anybody who re- I will be very precise. This adminis- rality. That is what this amendment ceives a timber subsidy, let us see if tration submitted a bill to the Com- gets to. they want to go out and volunteer. mittee on Banking and Financial Serv- Basically, what is suggested here is Anybody around the Congress of the ices which was introduced by request of that, if you are poor and you are eligi- United States maybe, because we get the gentleman from New York [Mr. ble for public housing, you must volun- paid by the Government. Maybe all of LAZIO] and the gentleman from Massa- teer or you are going to be thrown out us ought to volunteer. chusetts [Mr. KENNEDY]. That bill con- of your house. We have a provision in There are a lot of reasons to suggest tained 8 hours of community service as our bill that asks people to volunteer. that voluntarism ought to work and a requirement. That approach was en- I think it is wonderful that we encour- ought to be encouraged in America, but dorsed in the last Congress by Sec- age people to volunteer. to try to suggest that we are going to retary Cisneros. do this only for residents of public What we have here is an approach b 1345 housing is essentially immoral. It re- that has been suggested that there are But this provision that is contained quires not a level of morality to say we no parallels. The fact of the matter is in the bill as it sits right now does not are going to choose one particular the AmeriCorps Program might be de- ask. As the gentleman from New York group that everybody in the country fined as paid voluntarism. It is a par- [Mr. LAZIO] just said he wants to ask seems to like to beat up on as the fun- allel. It is not like this. This is work people to volunteer, this does not ask damental building block of all the for benefit. anybody. This says if they do not, they moral decay of America. We have a number of education loan are out. What we do is we go before some programs where when teachers work, Now, I have supported provisions in monstrosity of public housing and say for example, in the math area, their the welfare bill that say that people look at the disaster. Let us look at the loans are considered written off. The who accept funds in the form of welfare way we treat our poor and then let us work study programs is a similar anal- from their government ought to be ex- scold them for the conditions they live ogy. There is a Perkins Loan Program pected to work, and if they refuse their in, and then let us condemn them and where medical students are required to job, they should be thrown off welfare. say that the reason why they are poor work in low-income environments. If I believe that. But it is news to me is because they do not work. The rea- an individual graduates from a mili- that we are going to start down all the son why they are poor is because they tary academy, that person must serve programs that we provide and say that live like animals. The reason why they their country. Americans have a long as a fundamental moral suggestion are poor is because they do not have tradition of wanting people that re- that if an individual receives any bene- any sense of righteousness on their be- ceive benefits to do something in re- fit from the Federal Government they half in terms of how they treat one an- turn for those benefits. must volunteer. other. Mr. JACKSON of Illinois. Mr. Chair- Is that where we are at today? Be- So we will come here as a Congress man, will the gentleman yield? cause if it is, I might actually support and we will say, we know that they are Mr. LEACH. I yield to the gentleman this provision. I would be interested in the evil of America and we are now from Illinois. whether or not we can convince our Re- going to require them to go out and Mr. JACKSON of Illinois. Mr. Chair- publican colleagues to say that any- work. I say, listen, fine, let us encour- man, I thank the distinguished chair- body that receives any benefit whatso- age people to go out and volunteer. Let man for yielding. ever from the Federal Government, us encourage people to take ahold of When one volunteers for the mili- particularly in terms of equating the their own destinies and to move them- tary, one receives compensation for amount of money they get in benefits selves out of poverty, but let us not do that service. When one receives a medi- for receiving public housing, that they it in a gratuitous, paternalistic way cal scholarship and then subsequently have to volunteer. that ends up condemning the poor and works in a low-income community, one So let us take everybody that invests contributing to the notion in this soci- receives compensation for that. Why in project-based section 8. Should we ety that somehow the wealthy and are we requiring of poor people in pub- ask all of them, that get a heck of a lot powerful have greater morality than lic housing the only compensation that more money than the monthly subsidy the poor and the vulnerable. they volunteer? that comes to the poor families that Mr. LEACH. Mr. Chairman, I move to Mr. LEACH. Reclaiming my time, are already paying 30 percent of their strike the requisite number of words Mr. Chairman, housing is part of the income in rent, the vast majority of and rise in opposition to the amend- compensation. It is part of the com- whom are already working, they just ment. pensation in the military, it is part of do not make enough money to be able First, I think we have to be very the compensation in other things as to pay the rents that landlords can re- careful about semantics. It has been well, as well as in certain student envi- ceive in most of the cities and towns suggested that this is a voluntary man- ronments. across our country. date. It is not. This is work for benefit. And let me also be very clear. The It may be news to some people It is a traditional, old-fashioned Amer- issue of the minimum wage was raised. around here, but the truth of the mat- ican precept. As someone who supported the recent ter is minimum wage jobs simply do There is a suggestion here that this raise in the minimum wage, let me say not allow people to pay the rents that is a Republican effort; that poverty anyone that is working for a minimum can be required by the rest of this soci- equals immorality. Extraordinary. An wage or higher does not come under ety without paying 50 or 60 percent of extraordinary observation. And yet, so this requirement. It is not a part of their annual income in rents, so we that we understand what is happening this circumstance. Anyone that is May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2127 working is not required to participate What poor people want is a job. They Mr. PAUL. Mr. Chairman, I move to in this program. do not want a handout, in spite of what strike the requisite number of words. Let me also say the issue of paternal- you might think. This is an unfunded The amendment offered by the gen- ism has been raised. And I would like mandate. It would be a monster admin- tleman from Illinois, I think, raises to go back to the issue of the week, istratively for the public housing au- some very interesting ideas. The point where we had three Presidents of the thorities even to administer this provi- being, how do we protect civil liberties United States meet under Colin Powell sion. But I think this Congress does once somebody accepts welfare? in Philadelphia to discuss volunta- ourselves, America, and poor people a b 1400 rism—which was largely well received disservice when we assume that they by the American public. But the criti- do not want to work, because they do; This is not unique to just public cism, to the degree it is rendered, has when we assume that they do not want housing, because in many ways this been is that it is not a bit paternalis- to volunteer, because they do. happens in our public schools. Public tic? A high percentage of people in public schools, we go there, but we still want So what this is, is not outsiders com- housing are on welfare. They are re- to protect our civil liberties and we ing in for community service, it is for quired, by a law that was passed by cannot overly dictate, and yet we have insiders to serve their own community this Congress in the 104th and signed rules and regulations. Although I think in appropriate, thoughtful ways defined by the President, to work, to volunteer these points are very important that at the local level, not by outsiders. 25-plus hours. the gentleman brings up, I am inclined That is the reverse of paternalism. It is So the Jackson amendment should be not to support his amendment, but I work for benefit. There is an element considered. It should be passed. It think they are worth talking about. of pride, of community service. should be included as it is not now in First, I think the point about the Finally, there is an issue of reform H.R. 2. One thing that this Jackson other recipients of the welfare in the here. I know of nothing that implies amendment does do is not mandate but housing program is very important. more of the status quo than the cur- continue the voluntarism that public Last week there was a rumor going rent system. We are trying to get the recipients are already doing. around that I might introduce legisla- American public to support housing for What H.R. 2 does not have in it is a tion that would repeal all of HUD, poor people. This committee has come grievance procedure, so that when which would be a proper, good eco- forth with a bill at precisely the ad- these people who already have to do nomic position and a proper constitu- ministration’s request for dollars and the 25 hours, who already now will have tional position. I had a lot of phone calling for community service reform to do 8 additional hours, do not have an calls. But none came from the poor as advocated by the administration. avenue to even speak to. The grievance people. They all came from the The minority side in this body is ob- procedure has been moved out of H.R. wealthy people, those who were receiv- jecting. In my judgment, one of the 2. Those people now volunteering 32 ing $850 rents for $400 houses, those great questions that we have to ask is, hours of their life a month will have to who get to build the buildings, those Who is philosophically in step? Is it the go straight to court or be evicted. Our who are the contractors and those who administration with the Republicans in homeless population will increase. do the financing. They are very inter- Congress or is it the minority in this Mr. Chairman, I support the Jackson ested in this program. body? amendment. I think the gentleman has a very I would say the American people, as Mr. JACKSON of Illinois. Mr. Chair- good point. If we are going to punish I listen to my constituents, as I get man, will the gentlewoman yield? people receiving welfare or have re- Ms. KILPATRICK. I yield to the gen- phone calls from around the country, quirements, put the requirements on tleman from Illinois. the others as well. I think this is very as I read my mail, is saying let us put Mr. JACKSON of Illinois. Mr. Chair- legitimate. But I think the idea of civil a work requirement to the degree pos- man, I thank the distinguished gentle- liberties, the whole notion here, the sible in Federal programs. That is what woman for yielding. definition, has been distorted, because this is. The distinguished chairman of the the one thing I think so many people Ms. KILPATRICK. Mr. Chairman, I committee indicated that this was forget, we should have concern about move to strike the requisite number of against Colin Powell’s summit on vol- the civil liberties of those in a housing words. untarism. Forced, mandated volunta- development. This debate has been very fruitful rism is not what was discussed in For one, I have seen great danger and enlightening, but I want to go back Philadelphia this past week. to 1937 when Franklin Delano Roo- I believe in voluntarism, Democrats about the abuse of the fourth amend- sevelt instituted the legislation that believe in voluntarism, and I genuinely ment when it comes to the tenement put forth public housing in America. believe that Republicans also believe in houses, where they can go in without At that time and certainly some 60 voluntarism, if that definition means the proper issuing of a search warrant. years later some Americans are in need emanating from self-will, from self-def- I think that is very, very bad and of public housing. Some Americans inition, one’s own choice and consent, seems like maybe that would put me find themselves in need, as they did in and not a Government mandate. over the line and say we should not 1937, to have the Federal Government And I want to ask a question of the permit this. Just because they belong, assist them in safe, decent housing. chairman if he would be so willing. Is or they are living in Government hous- As we debate H.R. 2, and we began the chairman willing to evict people ing, that should not allow us to say this yesterday, I stand here supporting who live in public housing for failure to they have sacrificed their protections. the Jackson amendment. I think the volunteer 8 hours a month? So I think this is important. But issue is not whether they ought to vol- Mr. LEACH. Mr. Chairman, will the there are some civil liberties also of unteer. Public housing residents volun- gentlewoman yield? others that we have not discussed at teer all the time, as many of us do, in Ms. KILPATRICK. I yield to the gen- all, because we are talking about the large proportion. Many public housing tleman from Iowa. protection of the civil liberties of those residents volunteer their time at their Mr. LEACH. First, Mr. Chairman, let who are receiving a house. What about site to do wonderful things with their me say to the gentleman I made ref- the person who is paying for the house? site, with the buildings, with their erence to the weekend’s work on volun- It is assumed by so many that the family. It is happening already. tarism. I did not say this was part of wealthy are paying for these houses, The objection which the Jackson voluntarism. This is work for benefit. but under our very regressive tax sys- amendment supports is the mandate. Ms. KILPATRICK. Mr. Chairman, re- tem, if we look at the amount of We do not have to mandate poor people claiming my time, if I might, as lively money the poor people pay through to volunteer; they do that. Actually, a debate as we are having today, and I FICA, they are the ones who are pay- public assistance people are already re- know we will go on and on, let us not ing. The wealthy do not pay the taxes. quired by the welfare bill just passed to forget that poor people want to work. So the poor individual, the low, mid- volunteer 25 hours. This 8 hours will be Poor people do volunteer. Let us sup- dle income, the individual who is capa- on top of that. port the Jackson amendment. ble of still taking care of himself, is H2128 CONGRESSIONAL RECORD — HOUSE May 1, 1997 hurt the most by what we do here in as a term and condition of those loans among us, are being singled out. I the Congress. Whether it is public and of those programs to volunteer as would also say, people have said, well, housing or the deficit or our monetary well, or is it just the members of public they should have jobs. Frankly, one system, these are the individuals who housing? thing that is going to happen, more are hurt and are pushed aside. But they The CHAIRMAN. The time of the people in public housing will be unem- are losing their homes because we are gentleman from Texas [Mr. PAUL] has ployed if the Federal Reserve has its pretending to do good to others and expired. way. I wish the chairman would join us provide houses for them. So we should (On request of Mr. KENNEDY of Massa- in having a hearing on the Federal Re- be concerned about their civil liberties chusetts, and by unanimous consent, serve System. as well, but it seems like we forget Mr. PAUL was allowed to proceed for 30 The gentleman who just spoke talked that. additional seconds.) about the monetary system. The Fed- But this whole notion about work Mr. PAUL. Mr. Chairman, I think eral Reserve Open Market Committee condition, how many people can stay in that would be a very good suggestion. just decided that we have about 450,000 a room, the search and seizures, I think Seeing that I think the Export-Import too many jobs in America. It is very these are very, very important and Bank is welfare for the very wealthy clear if you look at them that they should not be ignored. But again we businessman, I think the conditions thought when unemployment went should not ignore the civil liberties of would be very good. from 5.5 down to 5.2 that that had ex- those who had to work and pay for Mr. KENNEDY of Massachusetts. I ceeded what they thought was the level these houses because quite frankly I would like to perhaps work with the of jobs and they are moving to increase think we should ask the question. gentleman from Texas [Mr. PAUL] on it. It is assumed by so many that we these kinds of issues. By the way, when you talk about the have a constitutional, natural right to Mr. PAUL. I will think about that very wealthy, they are solicitous there. a house. That is not in the Constitu- and think about the ramifications, but Mr. Meyer in his speech said that the tion. We have a right to our liberty, we I certainly will consider it. Fed had to act to ‘‘validate the bond have a right to our life, we have a right Mr. KENNEDY of Massachusetts. Do market.’’ God forbid there should be to pursue our happiness, and we ought not back off now. low self-esteem on Wall Street. We will to have the right to keep what we own. Mr. FRANK of Massachusetts. Mr. step in there. But the cost of validating So think of the civil liberties of those Chairman, I move to strike the req- the bond market is about .3 percent, we who suffer when you take. uisite number of words. can estimate, of unemployment, an- I agree that we should think of the Let me begin with that point and as- other 436,000 people thrown out of benefits accrued to the welfare recipi- sure the gentleman from Texas and work, more than that. ents and what kind of conditions we others that when the Export-Import I would say to the chairman, let us have, but I think we should think Bank reauthorization comes up, and I have a hearing. Many of us, every sin- about the benefits accrued to the busi- am for the Export-Import Bank, I gle Democrat, the Independent member nessman who really is benefiting from think it performs an important func- of the Committee on Banking and Fi- these programs as well. tion, but I think we will offer an nancial Services have asked for a hear- Mr. JACKSON of Illinois. Mr. Chair- amendment to require some commu- ing. The chairman is refusing to allow man, will the gentleman yield? nity service. us to have a hearing until after two Mr. PAUL. I yield to the gentleman Colin Powell has been invoked. One more meetings of the Open Market from Illinois. of the things that my friend the chair- Committee. These are tied in, these are Mr. JACKSON of Illinois. I thank the man is very good at is the principle of relevant, I would say to the Par- gentleman for yielding. I appreciate selective invocation. The President al- liamentarian anticipatorily, because the spirit of his critique. I would like ternatively is someone to be scorned the more we let the Federal Reserve, to make the argument, however, that and someone whose word is not to be without debate, increase unemploy- my amendment specifically addresses questioned when there is an unpopular ment in America, the greater we will condition of occupancy. Are we pre- issue he wants to hide behind. exacerbate these conditions. pared to put people who live in public Colin Powell specifically criticized The fact is that there is one other housing, to evict them for failure to the corporate sector. My colleagues great example of selective principle on volunteer 8 hours a month? I would ap- may have read he asked to be invited the Republican side here. This is not a preciate the gentleman’s answer to to speak to the boards of directors, mandate, but it is mandatory imposi- that. where the corporate executives have tion on every public housing authority Mr. PAUL. Yes; and I have great said voluntary work and contributions in America. Public housing authorities sympathy for the gentleman. It is just are not in the shareholders’ interest. may say, well, you know in our case it I believe that some conditions do exist We will offer an amendment, I guar- would not make sense. The general in everything we do in Government. antee to the gentleman, applying this principle of requiring people to work You do not go into a public school principle, if it is to be mandatory, to may be a good one, but in this particu- without conditions. You cannot come the Export-Import Bank. We will not lar circumstance given the nature of in there and be disruptive, or you get evict them from their homes, their our buildings, given the neighborhood thrown out. So if there are conditions, homes are generally too large to find we are in, given the population we you come in, and the contract is the them, the people who live in them, but have, it would not make sense. What is person who accepts the housing comes we will make it a condition. the Republican answer to a housing au- in, voluntarily accepting Government We should also do it with Farmers thority that says in our special local housing under the conditions that they Home. We have in this committee ju- conditions that would not make sense. will do A, B, and C. risdiction over the Farmers Home Pro- The answer is: The Federal Govern- Mr. KENNEDY of Massachusetts. Mr. gram, a very justified and sometimes ment knows best, shut up and do it. Chairman, will the gentleman yield? very comfortable level of subsidy. The This is an example of as binding a Mr. PAUL. I yield to the gentleman gentleman says, no, how can you say centrally imposed detailed requirement from Massachusetts. we are doing this because of some ani- as you will see. Maybe in my housing Mr. KENNEDY of Massachusetts. Mr. mus against poor people? How can that authority it should be 6 hours. Maybe Chairman, I just wonder, given the for- be? I should have said, no, it is about it should be 12. No, 8 hours. We are mulation that the gentleman has made urban poor people. When has anyone going to tell every housing authority about the responsibilities of individ- ever suggested doing this for the Farm- everywhere in the country exactly uals and of Government, is it his con- ers Home Program? A direct benefit. what they have to do. When it comes in tention, and would he support an We are not talking now about a tax fact to roughing up the poor a little amendment that would suggest that subsidy, we are not talking about a tax bit, and the gentleman from Iowa is anybody, for instance, that gets benefit thing. correct, he says he feels in tune philo- from the Eximbank or FmHA, that This committee has jurisdiction over sophically with the American people. those individuals have a responsibility a lot of benefits. One group, the poorest Unfortunately I think that is correct. I May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2129 think public housing has been so What transition? If one walks through families across this country get up mischaracterized and the misunder- public housing today, I would not say every morning, mom, dad, sometimes standing of what drives people into all public housing, I think we will the kids go to work. They work 40 poverty is so widespread that he may agree there are many public housing hours, 50 hours. They take their little well be philosophically in tune with projects in America today that are well paycheck after FICA, income tax, any- the American people, but I would rath- run, that are well kept, where there are thing that is left, they pay their house er be philosophically in tune with the not significant problems, but in many note. What happens if they do not? fundamental moral principle of de- of our urban centers, unfortunately one They get evicted. What happens if they cency and compassion and social jus- in my own State, in the city of New Or- do not buy the kids tennis shoes and tice. And to say to the people who get leans, it is not beyond deplorable, it is blue jeans? Well, it is an embarrassing a lot of money through the Export-Im- a bomb site, it is a disaster, it is an situation. You have got to take care of port Bank, or housing through the embarrassment. those needs. They provide for their Farmers Home, Godspeed, not a nickel In fact, I am reluctant to say it, but children. What they are saying to me in return. But to the poorest of the it is true, the U.S. Government has be- is, we do not mind helping people in poor, you will do 8 hours of work a come the world’s largest slum landlord. need. We do not think it is inappropri- month whether your housing authority We warehouse people like tires in ate for you to use our resources to help makes sense or not. buildings and we stack them in there a guy when he is down. But do not turn I do not think that is a very good with no hope, no future, no prospect for public housing into a permanent retire- idea. I am not sure what the President a better tomorrow. Moms who do not ment village where you can never move of the United States thinks about that. have the ability to read, dads who do on; do not take my money and give it If it gives comfort to the chairman of not have job skills, kids whose only to people who will not make the effort the committee, that instead of having role model is the drug dealer in the to help themselves or their own fami- to defend it on the merit he can invoke courtyard. They have no place to go. lies; give them a break, give them an the President, he is welcome to invoke There is no future. That is why 13-year- opportunity, but hey, guys, if they do the President. But I do not think that old kids shoot another 13-year-old over not want to take the first step, there is selective invocation of an administra- tennis shoes, because they do not be- an end to this process. tion with which he is often in disagree- lieve that tomorrow will be any better Mr. Chairman, that is what the Lazio ment helps when we are talking about than today. They are without a sense bill is about. the violation of fundamental principles of direction or hope. Mr. KENNEDY of Massachusetts. Mr. of States rights and fairness. I hope the So what are we doing with this wild Chairman, will the gentleman yield? amendment is adopted. Republican proposal? Are we mandat- Mr. BAKER. I yield to the gentleman Mr. JACKSON of Illinois. Mr. Chair- ing things that are unreasonable? No, from Massachusetts. we are saying to a person who is living man, will the gentleman yield? b 1415 Mr. FRANK of Massachusetts. I yield in housing provided by the U.S. Gov- to the gentleman from Illinois. ernment and taxpayers that if you are Mr. KENNEDY of Massachusetts. Mr. Mr. JACKSON of Illinois. I thank the not already under the workfare re- Chairman, I would just like to point gentleman for yielding. quirement of the welfare proposal, if out to the gentleman from Louisiana The CHAIRMAN. The time of the you are not disabled, if you are not el- [Mr. BAKER] that while many of the gentleman from Massachusetts [Mr. derly and, by the way, if you happen to conditions that he has articulated have FRANK] has expired. have a job, you are not subject to this in fact evolved in terms of public hous- (By unanimous consent, Mr. FRANK of requirement. We are saying to those ing policy, that first and foremost 40 Massachusetts was allowed to proceed few people who remain, we would like percent of the residents in public hous- for 30 additional seconds.) you to get out of that public housing ing are senior citizens, there are 3,400 Mr. JACKSON of Illinois. Mr. Chair- unit and do something in your commu- public housing authorities in this coun- man, to the best of my knowledge, nity. try, there are 100 out of the 3,400 that there is not one Member of this body Why? Are we invoking some sort of are in trouble. The Democratic version who is homeless and not one Member of slavery, as some have suggested, on of this bill, RICK, in fact allows the the Senate who is homeless. Some of us these individuals? No, there is another Secretary to take over those badly run I know stay in our office, which is cer- purpose behind this. It is to let that in- housing authorities, it allows the Sec- tainly a Federal benefit because we do dividual who stayed within the walls of retary to take over badly run housing not pay rent here in Washington, DC. public housing get out into the commu- projects within well-run housing However, none of us have ever signed a nity and learn what skills are nec- projects. lease term that evicts us as a condition essary to get a real job. And perhaps Mr. BAKER. If I may reclaim my of our Federal subsidy. some of the work these individuals time just to respond briefly. Mr. BAKER. Mr. Chairman, I move to may do in this volunteer effort may en- Mr. KENNEDY of Massachusetts. We strike the requisite number of words. able them to get employed. Nothing is just have a basic disagreement. There appears to be quite a bit of more dignity building, establishing Mr. BAKER. The basic number of confusion over the subject before the more esteem, giving a person more people the gentleman cites as far as House now, Mr. Chairman. It seems we hope than to go earn a paycheck and units are correct, but the vast number do not recall the actions of this House pay for their own child’s tennis shoes of people that are involved are far more just last Congress when a majority of without the Federal Government hav- significant because of very large, very Republicans and, yes, a majority of ing to say, here it is on a plate, we troubled housing units. Democrats voted for a proposal which know better, we know how to take care There is one more important part included workfare. Did it require 8 of you. about this legislation that I think is hours a month or 8 hours a year? No, it If I am wrong, let us look back the important to observe. required some 80 hours of work in order past 60 years since the 1937 act passed That is, the bill does allow a working for a recipient to continue to receive and see what has happened to people person on welfare to keep earnings as Federal benefits. That target not only who are poor in this country. You tell opposed to giving it up for rent, a very stays at 80 hours, but it increases to 30 me that the Federal Government has important part of this legislation. hours a week, or 120 hours, by 2000. done its job in providing for the needs Mr. KENNEDY of Massachusetts. So the precedent for work for bene- of these individuals? I tell you they And that is contained in this version of fits received has been adopted by this have not. I tell you it is an embarrass- the bill. House, by a majority of Members on ment. ANNOUNCEMENT BY THE CHAIRMAN both sides. During the course of that This bill that the gentleman from The CHAIRMAN. The Chair must re- debate no one suggested it was demean- New York [Mr. LAZIO], the chairman, is mind all Members of the importance of ing, it was somehow inappropriate pub- bringing forth to this House is not only using proper forms of address. By di- lic policy but yet it was the right thing right, it is an effort to restore dignity recting remarks to the Chair and to do in order to facilitate transition. to the poor of this country. Working thereby refraining from speaking in H2130 CONGRESSIONAL RECORD — HOUSE May 1, 1997 the second person, Members avoid The Jackson amendment recognizes service as a condition of public hous- undue familiarity and thereby main- these kinds of reality. It says that ing. tain that level of formality which prop- community work is good but that good Mr. LUCAS of Oklahoma. And those erly dignifies the proceedings of the community work cannot be coerced residents who are working or attending House. The first step in avoiding per- and it cannot be done for free, as the school or receiving vocational training; sonalities in debate is to refer to an- bill assumes. would they not be exempt also? other Member as, quote, the gentleman Mr. Chairman, we should consider Mr. LAZIO of New York. If the gen- from Virginia or whatever the appro- the gentleman’s views very carefully. tleman will yield once again, in fact priate State might be. There is probably nobody else in Amer- the gentleman is correct that in all Mr. KENNEDY of Massachusetts. ica who knows more about voluntary those circumstances whether one is Would the Chairman explain why that community work than the gentleman employed full-time or part-time, is so important here? from Illinois [Mr. JACKSON] who was whether one is attending school or in- The CHAIRMAN. The Chair has just born and brought up in the midst of volved in vocational education, they read why that is important. This refers one of America’s great community self- would be exempt from the provisions of to referring to a Member by their first help organizations. He knows what it is this bill that require 8 hours of commu- name. to be a volunteer, what it takes to or- nity service. Mr. GONZALEZ. Mr. Chairman, I ganize a volunteer, a truly volunteer Mr. LUCAS of Oklahoma. What about move to strike the requisite number of effort, and how much is required to cre- the physical imparity? Mr. LAZIO of New York. If the gen- words. ate a program that works. He knows First of all I want to compliment the tleman would yield once again, all the difference between realism and gentleman from Illinois [Mr. JACKSON]. those that are physically impaired or wishful thinking. He knows the dif- He brings to this House an enormous have a disability would be exempted ference between a helping hand and a capacity for work. He brings it a sense under the terms of this provision. slap in the face. of decency and dignity and also wisdom Mr. LUCAS of Oklahoma. So if the The bill is a slap in the face. The beyond his years. So I am very proud gentleman would give me one more re- Jackson amendment speaks to the ne- to be associated with him. sponse, if we make all of these exemp- I support the amendment offered by cessity of giving a sense of dignity and tions for the elderly, the disabled, the self-worth to people who need to know the gentleman from Illinois [Mr. JACK- working, those receiving additional they count for something. SON]. In the first place it is absurd to education, those who are physically say that community service hours re- Mr. Chairman, I support the gen- impaired, who is left for this to apply quired by H.R. 2 are voluntary. In fact tleman from Illinois [Mr. JACKSON]. to? the bill says that unless one does the Mr. LUCAS of Oklahoma. Mr. Chair- Mr. LAZIO of New York. If the gen- service they can be evicted from their man, I move to strike the requisite tleman would yield, the provision home. That hardly seems voluntary. number of words. would apply to all able-bodied adults What this amendment does is to say Mr. Chairman, I sat here and listened who are receiving the benefit of public that voluntary service is just that, vol- to this very interesting and insightful housing and who have the capacity to untary. The bill does not, as I said yes- debate coming from a number of points give back to the community. Those in- terday, provide any money to admin- of view, and one of the questions that dividuals would be asked to contribute ister the mandatory service program. comes to my mind as I look at the is- no less than 2 hours of community It does not provide the housing agen- sues addressed since we are so con- service a week. cies any money to set up and keep the cerned about the 8-hour work require- Mr. LUCAS of Oklahoma. Mr. Chair- elaborate records that will be required ment, just exactly who does this re- man, I thank the gentleman from New to verify hours that are worked. It does quirement, who would this requirement York for his insight. not provide any money to buy the tools apply to? And if I could, Mr. Chairman, So essentially as I see it the only and equipment that might be needed. It I would like to yield to the gentleman people that this would apply to would provides nothing to pay for the cost of from New York [Mr. LAZIO] to respond be the able-bodied nonworking. What a training and supervising workers who to a series of questions if that would be concept, requesting that they return a may be unwilling or unskilled or all right. little bit of what has been done for maybe both, and it indeed provides Now, Mr. Chairman, I say to the gen- them. What a concept. nothing to verify whether the effort ex- tleman from New York, as I understand Mr. Chairman, I am just amazed, now pended is doing any good. The provi- it, and clarify this to make sure that it that I have had this so precisely and so sion in this bill or the provisions are is crystal clear in my mind, that in clearly laid out for me, I cannot imag- not only offensive, they are unwork- this language in this proposed section ine why there would be any opposition able. 105 there are exemptions for the elder- because, after all, we are all good citi- By all means let us encourage people ly. zens. Whether we live in public housing to do constructive work in their com- Mr. LAZIO of New York. Mr. Chair- or nonpublic housing, we all want to do munity, but it is clear that the only man, will the gentleman yield? our part for our community, we all good volunteer is one who is truly a Mr. LUCAS of Oklahoma. I yield to want to work our way through this volunteer. Moreover, the very best vol- the gentleman from New York. world, so to speak. Having provided unteers are those who are given some Mr. LAZIO of New York. It does. these kinds of exceptions, having given training and who are given the support Mr. LUCAS of Oklahoma. That there the people who need the exceptions the they need to do the job they choose to would not be a requirement that the el- exceptions, clearly those left are the do. That is what the Jackson amend- derly have to meet this; they would be able-bodied working, folks who I am ment is all about. It says encourage exempt? sure want an opportunity to make a community work but do not make it Mr. LAZIO of New York. If the gen- difference in their community and in involuntary servitude and do not make tleman would continue to yield, the their housing. the housing agencies do more than bill does provide for an exemption for Mr. JACKSON of Illinois. Mr. Chair- they reasonably can. all those who are elderly. They would man, will the gentleman yield for a Under the bill there is no money at not form the provisions of the 8-hour question? all to pay the out-of-pocket cost that work requirement per month. Mr. LUCAS of Oklahoma. I yield to community work entails, bus fare, if Mr. LUCAS of Oklahoma. Now we the gentleman from Illinois. the work site is away from home, or also have a section that exempts the Mr. JACKSON of Illinois. Is the gen- the orange hats and the vests and disabled; is that correct? tleman aware that the bill does not ex- flashlights and radios that community Mr. LAZIO of New York. If the gen- empt those persons who are providing patrols need, nor is there any money to tleman would yield again, in fact that for an elderly person or providing for do anything else like buy tools or paint is the case that all those who suffer children in public housing? Is the gen- or protective gear or insurance for with a disability would be exempt from tleman aware of that? workers who may be doing repairs of the provisions of H.R. 2 which would Mr. LUCAS of Oklahoma. I am not some kind or another. require 8 hours of work of community aware of that particular point. I would May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2131 think that certainly that would qualify vision could have been written in any and polish the collection plates, or one within the definition, but not being an number of ways. It could have required can work with Girl Scouts. One can do expert on the definition, I cannot say housing authorities to establish out- a lot of other things besides having to that with certainty. reach programs to encourage vol- do things that are in a very limited Mr. JACKSON of Illinois. The gen- unteerism; it could have provided fi- scope, that have been presented here. tleman should be very well aware that nancial resources to nonprofit organi- I believe very strongly that this is my next amendment to the bill would zations to increase volunteerism in good, solid legislation. People on wel- include that definition which is pres- public housing. There are many ways fare who are working would be exempt, ently not in section 105, and I would to engage people in volunteerism, as we and I think that that was not clearly certainly hope that the gentleman just saw in this last weekend. Instead stated. We must understand that those would support that. the majority has chosen to force nearly who are working in any capacity would Mr. LUCAS of Oklahoma. I would all public housing residents to volun- be exempt from this work requirement. gladly look at that next amendment teer their time, no matter what other It is only those who are able bodied and when I am compelled unfortunately commitments? These individuals may who do not work who would be out and have to vote against this amend- have. there and we would ask them to give a ment. The bill does not even contain an ex- simple 8 hours a month. I thank the gentleman from Illinois emption, and I am delighted to hear Mr. CUMMINGS. Mr. Chairman, I for his input, and I respectfully thank that my colleague the gentleman from move to strike the requisite number of my colleagues for an opportunity to Illinois [Mr. JACKSON], is going to offer words. clarify the true nature of this bill. that as his next amendment. There is First of all, I want to commend my Ms. DeLAURO. Mr. Chairman, I move no exemption for the moment for good friend and colleague from Illinois, to strike the requisite number of caregivers, single mothers, individuals [Mr. JACKSON]. I wanted to thank him words. for his efforts in this regard and for his Mr. Chairman, I rise in support of the who care for the elderly, or even indi- efforts to uplift the poor people of our amendment of my colleague, the gen- viduals who care for a disabled loved country. I also thank the gentleman tleman from Illinois [Mr. JACKSON], to one. for realizing and trying to get the word prevent public housing residents from Please accept this amendment on out that the poor too is America. being evicted for failing to comply this issue. Let us do the right thing by Mr. Chairman, I rise today in opposi- with the congressional majority’s man- the people who live in public housing in tion to section 105 of the bill and sup- dated volunteerism provisions. The ma- this country. port the Jackson amendment. I am jority calls the, quote, community Mrs. KELLY. Mr. Chairman, I move saddened. It seems that my colleagues work hours, requirements that are con- to strike the requisite number of on the other side of the aisle have tained in H.R. 2 for public housing resi- words. blinders on. I understand that their in- dents volunteerism. But it is vol- Mr. Chairman, I simply want to tent in crafting this bill must have unteerism only in the most Orwellian speak to the work benefit program. sense. The real name for this is forced This is work for the benefit of living in been honorable; however, what this labor, and as my colleagues before me housing which we, the American tax- body is doing today is abhorrent to the have pointed out, the overtones of payers, are subsidizing. citizens that are the poorest in our Na- these provisions are profound and b tion. 1430 I might add, Mr. Chairman, that frankly disturbing. We are also anxious to educate people Residents of public housing are not within 5 blocks of my home there are in the United States of America. One of criminals. Many work to support their probably about 2,000 public housing the benefits of work is an education in families. They volunteer their time to residents. I represented them in my how to work. One of the benefits of this housing projects and to their commu- legislative district in the State of nity. Forcing an individual to volun- program will be an education for peo- Maryland and I represent them now. I teer to avoid being thrown into the ple hopefully in how to work at a par- would invite the Members who are sup- streets is hardly likely to provide posi- ticular job where they then will be able porting section 105 to come and visit tive results to the community. This is to earn their salary so that they can my district. true if this volunteer requirements pay for their own rent. We need to edu- There appears to be a presumption take a parent away from child care or cate everyone in America to higher and that the poor just sit home and do efforts to find or to keep a job. higher levels. That is why I feel so nothing, and that is a major, major The congressional majority has a his- strongly about supporting education. problem. Here we are today saying that tory of supporting tax breaks for the However, in this instance where we we will dictate, we will sit here and we wealthiest corporations. Many support have people who are able bodied and will dictate to them what they should subsidies for farmers and loan guaran- able to work and are able to find a job, be doing. I invite my colleagues to tees for businesses. When in the history but living in public supported housing, come into my district. I invite Mem- of this body have we required a farmer by putting them out, by helping them bers that supported this bill in com- or a CEO of a major corporation to vol- find a job and putting them out into mittee and who support it today on the unteer in return for a subsidy or loan the community where they can work in floor to visit the Seventh Congres- guarantee? In the last session of this some place, they can work for the ben- sional District, and they will see that Congress we could not even get the efit of themselves as well as the fact these citizens have no other place to congressional majority to close a loop- that they are doing something for their go. hole on those companies that made a community. My colleagues must understand that fortune in this country and then turned Consider the fact that in a public public housing is not the greatest place around and gave up there citizenship, housing authority, one can work as a to live. They have no other place to went to the Bahamas, went someplace part of a floor watch, or one’s block live. This section is telling our poorest else, denied being a citizen of the Unit- watch. Consider what that means. If citizens that they must volunteer or ed States so that in fact they would someone is a part of the block watch they are to be evicted. Evicted to go not have to pay taxes, and we could not for 2 hours a week, will that not help where? Evicted to be set on the street. get the congressional majority to close that person feel good? Most volunteers I ask my colleagues who support this that loophole. What do we do about the feel much better; they get more out of bill, who will take care of the children tobacco CEOs who lied about the ad- the voluntarism that they do than when they are volunteering? Or more dictive quality of tobacco, who have re- what they put in. importantly, will these citizens gain ceived billions of dollars in subsidies? This is not voluntarism. This is work valuable work experience to put on a What are we going to require of them for a public benefit. The benefit would re´sume´, to help to find a job and have for having killed people in this country be for the person living in the housing self-sufficiency? This is not work for because of tobacco, an addiction? authority. I quite frankly think there benefit, no, this is not work for benefit. What we are talking about here? A are so many opportunities that people It is an edict, an order: Work or live on true public housing volunteerism pro- can have. One can go to one’s church the street. H2132 CONGRESSIONAL RECORD — HOUSE May 1, 1997 This section is placing misguided val- chairman, in answer to a question by called community service requirements ues on the poorest of the poor. We al- the gentleman from Texas [Mr. SES- for the public housing and section 8 ready have a society of the haves and SIONS], said that we would require com- programs. the have nots and we are underscoring munity work for residents not already The Secretary’s bill states: ‘‘Not- and highlighting this class distinction; meeting welfare reform requirements, withstanding any other provision of a two-tier society. We are blocking the which is also my view of what the bill law, each adult member of each family have nots and we are saying that have says. residing in a public housing or assisted nots cannot be haves. We are keeping Is that not correct, Mr. Chairman? under section 8 shall, without com- these citizens down and not allowing Mr. LAZIO of New York. If the gen- pensation, participate for not less than them to stand upon our shoulders to tleman would yield, just as was the 8 hours per month in community serv- reach for higher ground and a higher case with Secretary Cisneros when Sec- ices activities, not to include any polit- way of life. retary Cisneros, an articulate man, ical activity, within the community in In my home State of Maryland, we very often spoke about the need for which that adult resides.’’ already require welfare beneficiaries to community service and community In other words, the Republican Party do certain types of work. Additional work requirements in public housing, has taken great care to work with the regulations will constitute an adminis- to build that type of social capital, so administration in producing an ap- trative and bureaucratic nightmare too is the case with the administra- proach that is a common sense reform which will place even greater burdens tion’s proposal as submitted to the initiative. At this time on the floor of on local housing authorities, instead of House, and so too is the position of the House, the congressional Demo- allowing them greater flexibility to Secretary Cuomo that a community cratic Party is objecting. deal with the pressures they are facing work requirement is appropriate, is Ms. VELA´ ZQUEZ. Mr. Chairman, I as a result of declining funding. Man- good, is a positive step in terms of pub- move to strike the requisite number of dating that poor citizens volunteer is lic housing reform. words. demeaning and it is burdensome on the Mr. EHRLICH. Mr. Chairman, a posi- Mr. Chairman, I am deeply troubled recipients, and it is also burdensome on tive step with respect to the building of by Congress’s persistent attacks on our local housing authority. human capital with respect to these America’s poorest families. Let me just I urge my colleagues to support the folks, correct? say this is one of the most mean-spir- Jackson amendment. Mr. LAZIO of New York. If the gen- ited provisions. It is an insult to poor Mr. EHRLICH. Mr. Chairman, I move tleman would yield further, once again, people in this country. Here they come to strike the requisite number of not pretending to speak for them, but again. Today we are lecturing poor peo- words. rather for myself, it is a fact that we ple. Mr. Chairman, I rise to make two are talking about the potential of hun- My colleagues want poor people to points. One is a point I would like to dreds of thousands of hours that can be work for human capital. Let us provide reiterate concerning this really con- contributed, a huge potential to begin them with the tools that they need to structive debate that we are having on to meet the significant challenges fac- become self-sufficient, not by imposing the floor over the last 2 days which ing underserved communities, and it is this provision. pertains to the philosophical, the real at our disposal if we just tap into that. We cannot expect families to work philosophical difference between folks Mr. EHRLICH. Mr. Chairman, I and to make the transition from wel- on that side of the aisle and folks on would like to read for the record, and I fare to work if they have no income or this side of the aisle. When one really gets down to it, it is am sure the chairman would appreciate a place to live. How do my colleagues all about mutuality of obligation. these words, exactly what the Sec- think they are going to acquire the Some people believe those who take a retary said. The Secretary, and I quote tools that they need to become self-suf- benefit from the Federal taxpayer have from page 38 of the transcript: ‘‘We ficient by cleaning toilets and collect- no mutual obligation on the back end, would agree with what the bill says, ing garbage? Is that the way that we and some do. That is basically what we community work for residents who are are going to provide them with the are discussing with respect to this very not already meeting the welfare reform skills that they need to become self- minimal work requirement. requirements’’ which is my reading of sufficient? With respect to my second point, I the bill and the chairman’s reading of Let us be honest and serious about it. want to get back to the facts of actu- the bill; is that not correct? What we are doing today is victimizing ally what the bill says and does, and Mr. LAZIO of New York. Mr. Chair- the victims, and I can tell my col- with that, I would ask the gentleman man, if the gentleman would yield once leagues, most of them have never been into a public housing development be- from New York [Mr. LAZIO], chairman again, it is absolutely my reading of of the subcommittee and my good the bill. It was in the bill last year, a cause if they have been, they know friend, if he would engage in a short bill that was supported by nearly 100 that they do volunteer. They know colloquy. Democratic Members who embraced that they are the ones working and Mr. Chairman, I have before me the this bill. without any resources to do their job. transcript of the hearing that we had Mr. EHRLICH. Mr. Chairman, I Let us be serious and stop talking with Secretary Cuomo on March 6, thank the gentleman from New York about volunteerism. Yes, I will wel- 1997. Does the gentleman recall that [Mr. LAZIO], the chairman of the sub- come IBM, I will welcome Johnson & hearing? committee. Johnson to come to my district and Mr. LAZIO of New York. Mr. Chair- Mr. LEACH. Mr. Chairman, will the come to the public housing develop- man, will the gentleman yield? gentleman yield? ment and provide some of the money Mr. EHRLICH. I yield to the gen- Mr. EHRLICH. I yield to the gen- that my Republican colleagues are tak- tleman from New York. tleman from Iowa. ing away from poor people. Mr. LAZIO of New York. Mr. Chair- Mr. LEACH. Mr. Chairman, I appre- Mr. COOK. Mr. Chairman, I move to man, in fact I do remember the fact ciate the gentleman yielding. strike the requisite number of words. that the Secretary testified before the Let me just say what is occurring I am especially supportive of the committee with respect to H.R. 2. here is an effort to say the Democratic work requirement for public housing Mr. EHRLICH. Now, with respect to Party does not favor the work require- residents. Few can disagree that cur- the substance of this debate, I have a ment, the Republican Party does, and rent Federal housing policy creates dis- question for the chairman, because I therefore, to somehow socially divide incentives to work, encourages the think it is very important that people the two political parties in these inner breakup of families, and has resulted in all over the country understand ex- city environments. an undue concentration of poverty in actly what we are talking about, and The facts are, the administration has certain neighborhoods. The Housing the folks that we are expecting this supported a work requirement and Opportunity and Responsibility Act ad- very minimal work requirement from. does, and to be very precise, let me dresses the problems with our Nation’s Mr. Chairman, it appears from my read from the bill that was sent up by public housing projects with common- reading of the transcript that the Secretary Cuomo, under a section sense solutions. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2133 One key component of this approach Page 27, line 10, strike the period and in- We know that public housing resi- is the work requirement for the public sert ‘‘; or’’. dents will be hard-pressed to pay for Page 27, after line 10, insert the following: housing residents. The work require- (E) a single parent, grandparent, or spouse costly child care or nursing assistance, ment is not unreasonable. It applies of an otherwise exempt individual, who is and that the waiting list for affordable only to able-bodied public housing resi- the primary caretaker of 1 or more— care may be a couple of years long. dents without dependent children. It (i) children who are 6 years of age or under; Will we expand upon the unfunded demands that a resident of public hous- (ii) elderly persons; or mandate that we already have imposed (iii) persons with disabilities. ing, as a condition of receiving Federal Page 29, line 3, strike ‘‘or’’. upon public housing authorities by put- assistance, display a commitment to Page 29, line 6, strike the period and insert ting them in a position to have to also putting themselves on a path to self- ‘‘; or’’. provide child care? sufficiency and economic independ- Page 29, after line 6, insert the following: I believe in voluntarism, but let us ence. (5) a single parent, grandparent, or spouse not confuse its meaning or its use. We As a member of the Subcommittee on of an otherwise exempt individual, who is have an all-volunteer armed services. the primary caretaker of 1 or more— Housing and Community Opportunity, (A) children who are 6 years of age or Our young men and women volunteer I have heard criticisms of this work re- under; to join. They are not subscripted into quirement from my friends on the (B) elderly persons; or the military. But once they volunteer other side of the aisle. (C) persons with disabilities. to serve, they are paid for their service. b 1445 Mr. JACKSON of Illinois. Mr. Chair- In fact, they receive a variety of forms man, I am joined by the gentleman of financial compensation, even after They will question why those who re- from Wisconsin in offering this amend- they leave the military, such as veter- ceive a tax deduction for the interest ment, which addresses what I view to ans and educational benefits, points in paid on their mortgages are not simi- be a glaring oversight by the majority securing employment, and if their serv- larly required to work. I see that kind in the crafting of the community work ice is long enough, pensions. of logic as totally flawed, as evidenced provision of section 105. Proponents of mandated community by our decaying public housing While I am firmly opposed to the work insist that other Federal benefits projects across America. community work requirement because, are tied to community service. Yester- The Federal Government has decided as I have stated, I believe it demeans day, the gentleman from New York re- that owning one’s home is an integral voluntarism and vilifies the poor, I am ferred to particular medical school part to a strong and safe America and pleased that H.R. 2 at a minimum ex- scholarships in exchange for which increases the quality of life in our empts the elderly, the disabled, and graduates agree to work in a low-in- great country. The Government en- those individuals who are working, at- come community for a certain period courages Americans to own their own tending school, or receiving vocational of time. The difference is that they home by giving some of the money training. likewise are paid for their medical they pay in taxes back to them. The I would like to express my apprecia- work in the community. mortgage interest deduction is very tion to the majority for their support I believe poor people should work. different from a work requirement for of my amendment in committee, which They want to work and will work if recipients of a government program clarified that these exemptions occur there are enough jobs paying adequate that do not pay taxes or otherwise earn automatically and do not saddle an- wages. Poor people do not have to be the benefits they are receiving. other burden of proof on individuals whipped to work. About 4 years ago, The overwhelming majority of my who fall into one of these categories. Mr. Chairman, in Chicago, the new constituents tell me that they are These exemptions, however, do not Sheraton Hotel advertised the avail- troubled by government handouts. We go far enough. Under this bill single ability of 1,000 jobs. In the middle of a have seen time and time again that parents who are not otherwise exempt- Chicago snowstorm, 10,000 people handout programs do not work. Public ed will be forced to either leave their showed up. housing was intended to be a helping young children home alone, or pay Mr. LAZIO of New York. Mr. Chair- hand toward self-sufficiency, not an- costly child care or home care fees for man, will the gentleman yield? other handout. I urge my colleagues to fragile seniors or disabled family mem- Mr. JACKSON of Illinois. I yield to defeat any attempt to remove the work bers. This amendment will exempt the gentleman from New York. requirement from this very important from mandatory community work re- Mr. LAZIO of New York. Mr. Chair- piece of legislation. quirement residents who are single par- man, I would ask the gentleman, did he The CHAIRMAN. The question is on ents with children under the age of 6 have an inquiry of me? the amendment offered by the gen- and grandparents or spouses who are Mr. JACKSON of Illinois. It is my un- tleman from Illinois [Mr. JACKSON]. the primary caregivers of dependent derstanding we may have the oppor- The question was taken; and the children or senior citizens. tunity to work something out with re- Chairman announced that the noes ap- Mr. Chairman, it is no wonder that spect to my amendment. peared to have it. the American public thinks this body Mr. LAZIO of New York. Mr. Chair- Mr. JACKSON of Illinois. Mr. Chair- is out of touch with reality. How can man, what we are trying to do is to man, I demand a recorded vote, and we not acknowledge that the care of submit a proposal that would ensure pending that I make a point of order the elderly, the disabled, or young chil- that a certain percentage of people that a quorum is not present. dren is a full-time job worthy of re- that might fall into some of these cat- The CHAIRMAN. Pursuant to House spect and appreciation? Who will care egories could be exempted by the hous- Resolution 133, further proceedings on for their dependents while these pri- ing authority without it being an the amendment offered by the gen- mary caregivers are forced to do com- across-the-board exemption for all in tleman from Illinois [Mr. JACKSON] will munity work? that category. I do not know if that is be postponed. Just yesterday during general de- something the gentleman is interested The point of no quorum is considered bate, a speaker in defense of the bill in, but if he is, we will continue to pur- withdrawn. pointed to the tragic instance in Chi- sue that. AMENDMENT NO. 9 OFFERED BY MR. JACKSON OF cago where a 5-year-old boy was Mr. JACKSON of Illinois. Mr. Chair- ILLINOIS thrown to his death from Ida B. Welles man, I do not understand what the gen- Mr. JACKSON of Illinois. Mr. Chair- House housing complex by two other tleman means by a particular percent- man, I offer amendment No. 9. children. If we require that single par- age. Either they are a caregiver or The CHAIRMAN. The Clerk will des- ents who are responsible for super- someone providing for a 6-year-old-or- ignate the amendment. vising young children are forced to under child, or not. The gentleman The text of the amendment is as fol- leave their homes to perform mandated needs to clarify. lows: work hours or face possible eviction, Mr. LAZIO of New York. If the gen- Amendment No. 9 offered by Mr. JACKSON will we not be creating the potential tleman will continue to yield, Mr. of Illinois: for more of these tragic incidents to Chairman, what we are trying to do is Page 27, line 7, strike ‘‘or’’. occur? work on a counterproposal that might H2134 CONGRESSIONAL RECORD — HOUSE May 1, 1997 meet the concerns of the gentleman the benefit of public housing who are dren or their parents. They find ways and also meet my concerns and that of able-bodied and who are not exempted to do that. the Members on my side of the aisle. because of age, who are not exempted Yet, we are not willing to ask the Mr. JACKSON of Illinois. Mr. Chair- because of disability, who are not ex- same of people in public housing, to man, continuing, the assumption un- empted because of education, voca- give not 20 hours a week, as is called derlying the goal of self-sufficiency is tional training, or work will be ex- for under the requirements of full employment, but there are cur- pected to contribute 2 hours to their workfare, but 2 hours a week, 2 hours rently not enough jobs for a living own backyard. over 7 days. That is what we are ask- wage for everyone. If we create the Again, that may include helping to ing, in return for a subsidized apart- jobs, I believe the people will come. sweep the hallway right in front of ment unit, and often utilities being One of the unintended consequences their apartment, it may include doing paid. That is what is common sense. of section 105 about which I am par- something in their apartment, it may That is the very essence of the pro- ticularly concerned is that it will effec- include removing graffiti, or ensuring posal that has been embraced by both tively displace thousands of low-wage that somebody gets day care in that this administration and the past ad- workers who are currently employed building. It may include working down- ministration, by both Secretary by housing authorities. If we mandate town or it may include, for some peo- Cisneros and Secretary Cuomo. That is millions of hours of uncompensated ple, doing a Neighborhood Watch Pro- the very provision that was in this bill free labor by housing residents, PHA’s, gram. There is extraordinary flexibil- last year, supported by nearly 100 nursing homes, and other facilities can ity in this program to meet the con- Members who believe in a common- replace paid employees with public cerns of people who actually do have sense approach to solving some of the housing residents who are performing some other obligations. Nation’s problems. their 8-hour shifts; that is, 1 full day of But the idea that only people in pub- The idea here is to tap into the huge uncompensated labor per month to per- lic housing have extra obligations di- resource, the huge potential human re- form maintenance grounds work and verts from reality. In fact, people who source that we have out there, people other low-wage jobs. do not live in public housing, who have who can bring talent, people who can Mr. LAZIO of New York. Mr. Chair- enormous obligations, who have fami- do things in their own back yard. Mr. JACKSON of Illinois. If the gen- man, I rise in opposition to the amend- lies, who have needs, who may have tleman will continue to yield, Mr. ment. parents who need to receive care, who Chairman, I just want to make it clear Mr. Chairman, I know we are still do not receive the benefit of public that we are talking about a single par- trying to submit some language to the housing, who do not receive the benefit ent, a grandparent, or a spouse. gentleman from Illinois that he might of having their utilities paid for, are The CHAIRMAN. The time of the find acceptable, but on the chance that also asked to do something. They are gentleman from New York [Mr. LAZIO] that is not the case, let me explain to asked to go to work to contribute to has expired. the Members why I have reservations their rent. If they do not do that, yes, (On request of Mr. JACKSON of Illi- about this portion of the bill. they are thrown out. That is what hap- nois, and by unanimous consent, Mr. Even with respect to welfare reform, pens to people outside of public hous- LAZIO of New York was allowed to pro- which requires not 2 hours a week but ing. ceed for 30 additional seconds.) 20 hours of workfare, there is far more To afford special protections to the Mr. LAZIO of New York. Mr. Chair- flexibility and no across-the-board ex- fortunate few who are accepted in man, reclaiming my time, I understand emptions that mirror the type of broad terms of their application for public what the gentleman’s amendment does. exemption that the gentleman from Il- housing I think undermines some of I am telling the gentleman that I can- linois is offering in this bill. the basic premises of this bill, which is not accept that amendment, because I Mr. Chairman, I ask again, for those a sense of mutual obligation and re- believe that people on the outside are people who are not in public housing, sponsibility. asked to actually do more; that there who are just as poor and who labor Mr. JACKSON of Illinois. If the gen- is flexibility in this bill for people who under just as difficult circumstances, tleman will continue to yield, Mr. are caregivers to work close to home. do they find a way, even though they Chairman, this is really a common- I think there are some in this Cham- may be caregivers to people, whether sense amendment. The purpose of this ber who want to gut this entire provi- they are children or older Americans, amendment, it is really the family val- sion using different means of gutting do they find a way to discharge those ues amendment. It says that if we have it. I want to protect this provision. I responsibilities and yet also go out a single mother at home who has chil- think this is an important part of the there and earn enough money to put a dren under the age of 6, or we have a bill. I think people should be asked to roof over their head and pay for the person at home who is responsible for contribute to their own community. utilities? The answer, Mr. Chairman, is taking care of someone who is phys- Mr. BARRETT of Wisconsin. Mr. absolutely yes. ically disabled, that we provide an ex- Chairman, I move to strike the req- The concern, of course, that I have is emption for it. uisite number of words. for working people who are already Mr. LAZIO of New York. Reclaiming Mr. Chairman, I rise in support, and outside of the umbrella of public hous- my time, I understand what the am pleased to offer this amendment ing, who do not receive the benefit of amendment is trying to do, but what I with my friend, the gentleman from Il- public housing, who would do a great am saying is there is no reason why linois [Mr. JACKSON]. deal of work in order to put a roof over somebody who is a caregiver cannot Mr. Chairman, I come to this issue their head and over that of their fami- help out in their own hallway, in their from a little different perspective. My ly’s. own apartment, if they are not given wife and I have a son who is 4 years old, Mr. JACKSON of Illinois. Mr. Chair- enough work requirements so they can we have a daughter who is 2 years old, man, will the gentleman yield? meet both concerns. and we have another daughter who is 12 Mr. LAZIO of New York. I yield to I might add that that flexibility is weeks old. I am very well paid. But if the gentleman from Illinois. more than most people on the outside you were to tell me or if you were to Mr. JACKSON of Illinois. Mr. Chair- are able to get. Most people who are tell my wife that she has to give 8 man, I thank the gentleman for yield- not beneficiaries of public housing who hours of community service, to volun- ing. have to go out there to work are not teer, my reaction would be, I will tell Are we now saying that we do not lucky enough to have the type of flexi- you what good community service is trust the primary caregivers of senior ble work requirement that will allow for a caregiver, either a mother or a fa- citizens, or a woman who may be head- them to work in their apartment or ther who is alone with a child. The best ing a household where there are chil- work in their hall or in their building. community service that that person dren under 6 years old? They must go and travel to another can give is to take care of their child, Mr. LAZIO of New York. Mr. Chair- area, very often. They must leave, they whether the child is 12 weeks old, 2 man, reclaiming my time, what we are must make accommodations, they years old, or 4 years old. I want that saying is that all people who receive must ask family to watch their chil- parent to be there to help that child. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2135 I understand why the gentleman to require people to work, but it also think this requirement ultimately will from New York is saying, well, if you recognizes that if you are a young per- be good for many of those moms to get are an able-bodied person and you do son, if you are elderly, if you are dis- out and to actually do some work, con- not have kids around the house, or if abled, that it is really not fair to ask tributing to their local community. you are able, we do not want you to lie you to perform the service. I think we need to have some flexibil- around on the couch. I would ask the Members to please ity with the housing authority, and I We may agree or disagree on the mer- support this amendment. Again, I think the gentleman’s proposal should its of that. But I think all of us recog- think it is a very common sense be allowed for a certain percentage. I nize that at certain times in a person’s amendment. It does not hurt anybody. would ask that the gentleman would life you simply do not have the time to It is not carrying out an exception that consider my amendment. I think if the go out and help in community service. you can drive a truck through. It is chairman will accept this and the gen- I would imagine any mother who is in just a commonsense exception. tleman will accept it, then we can this Chamber today, if they were told Mr. WELDON of Florida. Mr. Chair- move on to the other amendments. when their baby was 4 months old, we man, I move to strike the requisite Mr. WATT of North Carolina. Mr. now want you to go give 8 hours a number of words. Chairman, will the gentleman yield? month for community service, would Mr. Chairman, I just want to address Mr. WELDON of Florida. I yield to say no, I think I should be with my the gentleman’s amendment briefly if I the gentleman from North Carolina. baby. may. I am prepared to offer a second- Mr. WATT of North Carolina. Mr. ary amendment, a perfecting amend- b 1500 Chairman, what is magic about ex- ment to his amendment, but I just empting 20 percent? Suppose it happens They may decide that they have a want to make a few general comments to be 30 or 40 percent in a particular care giver who shares the responsibil- before we get into this. I am coming housing project? Is there something ities with them that would allow them from this as a person who has lived in magic or special about 20 percent? to do so. If they could do that, they government housing. Mr. WELDON of Florida. Well, actu- would do so, they could volunteer. When I was in college, I got a free ally it could be 10 percent, it could be That is the nature and the essence of dorm room and I got that free dorm 5 percent. volunteerism, that a person gives will- room in exchange for working 6 hours a Mr. WATT of North Carolina. What ingly. But to tell a mother of a 3- week in the dorm. And I had to do that would be magic about that? month-old or a 6-month-old or a 3-year- over and above and on top of my re- Mr. WELDON of Florida. Mr. Chair- old, all right, you are a single mother, quirements as a college student. I was man, this is something we can revisit now you have to leave your child and a biochemistry major, it was a very de- in the future. We can get some testi- go out and perform some community manding curriculum. I had to take a mony. I am on the committee with the service that has been delegated by the lot of courses in chemistry, physics. I gentleman. Federal Government, to me is exactly also had to work my way through col- Mr. WATT of North Carolina. Mr. the wrong way we should be going. We lege, so on weekends I had to work. As Chairman, my point is that it will vary should be encouraging these people to a matter of fact, I worked the 11 p.m. from housing community to housing do the best they can to support their to 7 a.m. shift on Friday days and Sat- community. It is not going to be 20 per- children and to help their children urday nights at a local hospital. In ex- cent all across the Nation. along. change for that, I got a little room Mr. WELDON of Florida. I think So for me this amendment is a very about as big as a walk-in closet. what we are proposing here is a very common sense amendment. It is rec- I think what we are trying to do here reasonable solution to the issue at ognizing that there are times in a per- with this amendment is ask people to hand. I think we can get testimony in son’s life where the most important work substantially fewer hours than I the future on this issue, and if there community service they can give is to had to work. I had to work about 24 needs to be more flexibility given to take care of their children, and to sug- hours a month. We are asking people to the housing authority, I think we will gest otherwise I think is demeaning to work 8 hours a month. As a matter of be able to do that. young mothers and young fathers. For fact, I am going to have an amendment AMENDMENT OFFERED BY MR. WELDON OF FLOR- some reason we are saying, OK, you I will introduce later because I think 8 IDA TO THE AMENDMENT OFFERED BY MR. have to give 8 hours community serv- hours is too little. I am going to try to JACKSON OF ILLINOIS ice. If community service is so great increase that with an amendment to 12 Mr. WELDON of Florida. Mr. Chair- for these poor people, then let us apply hours. man, I offer an amendment to the it to everybody. I think the issue that we are bringing amendment. The gentleman from New York says up right now, single moms, kids at The Clerk read as follows: there are poor people who are now liv- home, I think that there is some legit- Amendment offered by Mr. WELDON of ing in public housing that do things be- imacy to that. I personally think in Florida to the amendment offered by Mr. yond what is called on them. That is these housing authorities that people JACKSON of Illinois: fine, I applaud them for doing it. I am will be able to work together to say In the amendment, before ‘‘a single par- happy that they are involved in the that somebody cannot find 2 hours a ent’’, each place it appears insert ‘‘for not community. But we do not require week to me is a little hard to swallow. more than 20 percent of the total number of them to give 8 hours community serv- I am prepared to offer a secondary families assisted by a public housing agen- ice. We do not require millionaires to amendment to the gentleman’s amend- cy,’’. give 8 hours community service. We do ment, and I have that at the desk right Mr. WELDON of Florida. Mr. Chair- not require anybody to give 8 hours now, that would give the housing au- man, I will not consume the entire 5 community service except for these thority the authority to exempt up to minutes because I basically, I think, people. 20 percent on the grounds that are have made my case. I think there will At a time when in many States in being brought up. I think that is a very be some situations in the housing au- this country there are work require- reasonable compromise here to the thority where it may be appropriate for ments under welfare that are requiring gentleman’s proposal. I think there is the housing authority to exempt some these people to work maybe 20 hours a some legitimacy to what we are talk- residents. My own personal opinion is week in order to get welfare benefits, ing about in that there will be, there is the vast majority of the people in the now we are saying we are going to tack some legitimacy to what the gen- housing authority will be able to meet on an additional requirement above tleman is talking about. I think to this work requirement because it is ri- and beyond; that I think is moving in have the housing authority given the diculously low. I started out saying, I the wrong direction. ability to exempt a certain percentage used to have to work 24 hours a month I think this is a common sense of people on the grounds that the gen- to get a room the size of a walk-in clos- amendment. I think it does go in the tleman is talking about, that they are et. right direction. It recognizes that there very burdened with the requirements of We have got people who are getting are people who do think it is important their kids, might I just add that I apartments with several bedrooms, a H2136 CONGRESSIONAL RECORD — HOUSE May 1, 1997 kitchen. They are getting free elec- Mr. WELDON of Florida. I yield to tleman from Florida [Mr. WELDON] is tricity, free heat, and the gentleman is the gentleman from Illinois. opposed to this particular amendment saying they cannot work 2 hours a Mr. JACKSON of Illinois. Mr. Chair- as it is stated and written is just unfor- week. Come on. Give me a break. That man, what does the gentleman from tunate, Mr. Chairman. I think it is one Oprah Winfrey show, that they Florida [Mr. WELDON] propose should speaks to the mean-spiritedness that is cannot find somebody to mind their happen to the other 80 percent under certainly surrounding some elements kids for 2 hours within the authority. his amendment who do not meet the of this bill. Now, there may be some situations gentleman’s threshold? Mr. KENNEDY of Massachusetts. Mr. where that would arise. I believe my Mr. WELDON of Florida. I believe Chairman, I rise in opposition to this exemption here would give the author- that they will be able to make accom- amendment. I think that the gen- ity some flexibility to do that. modations and they will be able to tleman from Illinois [Mr. JACKSON] has I just want to comment on one thing. meet the work requirement, and I a very reasonable approach to this. In Florida, we had welfare reform in think it will serve the community ex- The chairman of the committee has Florida and in one of the counties in tremely well. I think there will be en- indicated that there are a number of Florida there is a work requirement in hanced community spirit. I think it exemptions. The only issue here is the whole State. After 2 years they will deal with a lot of the problems whether or not a mother with children have to go to work. In one of the coun- with vandalism in the housing projects. or a primary care giver ought to be ties, they decided to set up a citizens I think it will help deal with crime in considered to have been doing a public panel to see if they were doing some- the housing projects. service or volunteer work. thing wrong. They had these citizens Mr. JACKSON of Illinois. The gen- I do not know anybody in this coun- review these cases of people being put tleman from Florida’s specific amend- try who has had children who does not off of welfare. On every single case ment states before ‘‘single parent,’’ the think that taking care of those chil- they reviewed about 36 cases. They gentleman wants to insert ‘‘for not dren is the most important volunteer have put every single one of them off more than 20 percent of the total num- work we can do in the United States of because the people were making abso- ber of families assisted by a housing America. It is the future of our coun- lutely no attempt to find a job. agency.’’ try. It takes an enormous amount of I think what we are doing here with My specific question is, what be- energy. It is the kind of values that I my secondary amendment is we are comes of the 80 percent in any given think we ought to be sustaining and giving the housing authority some public housing agency who meet the encouraging in this country. I am shocked to hear that the Repub- flexibility. If there is a mom in the threshold, who meet the criteria that licans oppose this, and the Republican building who really legitimately can- we speak of in the amendment but do agenda is now that we no longer con- not break away for 2 hours a week or 8 not meet the gentleman’s threshold, sider taking care of children to be vol- hours a month, you are talking about which is precisely what the gentle- unteer work. What could be more im- man’s amendment proposes to do? one 8-hour shift a month. I think this portant than taking care of our Na- Mr. WELDON of Florida. Mr. Chair- is a very, very fair and reasonable solu- tion’s children? tion. man, reclaiming my time, I think it is If we are going to be considering this I will say it again, I think 8 hours is absurd to argue that 100 percent are in terms of public housing, why should too low. I have got an amendment I not going to be able to eke out 2 hours we not be considering that to be quali- will offer, I think it should be 12 hours a week or 8 hours a month. fied? Is it not as well qualified as rak- or more. I had to work 24 hours a Mr. JACKSON of Illinois. Mr. Chair- ing leaves? Is it not as well qualified as month to get a room the size of a walk- man, will the gentleman yield? going down and cleaning up a play- in closet. Mr. WELDON of Florida. I am happy ground? I know that the gentleman Do my colleagues want to know to yield to the gentleman from Illinois. from Florida [Mr. WELDON], the doctor, Mr. JACKSON of Illinois. Mr. Chair- something? In the dormitory I lived in, feels that people in public housing man, why should not 100 percent of that was very competitive. All the stu- hang around and watch Oprah Winfrey, people who are primary care givers for dents in the dorm wanted that. There as he suggested in his last comments. was very, very vigorous competition children under the age of 6 or elderly for the privilege of getting a room the persons or persons with disability meet b 1515 size of a broom closet in exchange for that criteria? But I do not think that is a fair char- working 24 hours a month. So I think Mr. WELDON of Florida. Mr. Chair- acterization of what goes on in public this perfecting amendment is a reason- man, reclaiming my time, there are housing. And all we are trying to sug- able compromise to the concerns of the some people who will have a legitimate gest is that if someone is the primary gentleman from Illinois [Mr. JACKSON]. case that they cannot get away. There caregiver to a family with underage If his concerns are that he does think are some that do not. children, then maybe this should be that there are some people in the hous- Mr. JACKSON of Illinois. Mr. Chair- considered a worthy voluntary effort ing authority who will not be able to man, I move to strike the last word. on their part to take up those children. meet the work requirement, my Mr. Chairman, I rise in opposition to We pay caregivers across this coun- amendment achieves that desired goal. the gentleman’s amendment for rea- try. We pay and encourage child care. I personally do not think that is the in- sons I have already stated but I want There was an effort to include child tent. The intent is to gut this. They do to reiterate. This last-minute amend- care in the past welfare bill. not want any work requirement. ment strikes and allows before ‘‘single I am really kind of taken aback by Mr. BARRETT of Wisconsin. Mr. parents’’ that a public housing author- the fact that this amendment was not Chairman, will the gentleman yield? ity can only exempt 20 percent of the accepted by the chairman of the com- Mr. WELDON of Florida. I yield to total number of families assisted by mittee. I asked the chairman of the the gentleman from Wisconsin. that public housing agency for a par- committee if he would accept this pro- Mr. BARRETT of Wisconsin. Mr. ticular amendment that my amend- vision. It seemed to me to be a very Chairman, I went to college, worked ment offers. fair and reasonable provision that the my way through college as well. I was We simply provide an exemption for a gentleman from Illinois had come up not a single parent at the time. Was single parent, a grandparent or a with, and in the spirit of working to- the gentleman from Florida a single spouse of an otherwise already exempt gether in a bipartisan way to come up parent at the time he was asked to do individual who is the primary care- with a reasonable approach to how to this work requirement? taker of one or more of the following: deal with these issues that divide us, I Mr. WELDON of Florida. No. I was a children who are 6 years of age or thought this was a very reasonable way college student. under, elderly persons who obviously to move forward. Mr. BARRETT of Wisconsin. OK. I cannot care for themselves, and per- I guess I am just dumbfounded by the thank the gentleman. sons with disabilities. fact the chairman would not have ac- Mr. JACKSON of Illinois. Mr. Chair- This is a common-sense, family-val- cepted what I think is a very reason- man, will the gentleman yield? ues amendment; and why the gen- able position. And I would predict that May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2137 if this bill ever moves to conference Mr. WELDON of Florida. Mr. Chair- sonable, is just ridiculous to me. We and actually gets to a point where we man, will the gentleman yield? have never had a perfect bill out of this are talking about enacting this and its Mr. KENNEDY of Massachusetts. I institution. We never will. And this one coming back into law, I would be very yield to the gentleman from Florida. is not perfect. shocked to find that this provision was Mr. WELDON of Florida. Mr. Chair- Now, if I accept the chairman’s argu- not taken up. man, the intent here is that it is pos- ment, we got to a perfect bill in the I do not know what the move is here. sible within the constraints the gen- Committee on Banking and Financial It seems to me it is fairly straight- tleman is describing—— Services and, therefore, we ought not forward; that anybody that is taking The CHAIRMAN pro tempore. (Mr. do anything else on the floor to im- care of children under the age of six LAHOOD). The time of the gentleman prove that bill. This is an improvement ought to be recognized for the con- from Massachusetts [Mr. KENNEDY] has to the bill. It is something that the Re- tributions they are making not only to expired. publicans told us in committee that that family but to the future of this Mr. WATT of North Carolina. Mr. they thought would be covered any- country. Chairman, I move to strike the req- way. Mr. WELDON of Florida. Mr. Chair- uisite number of words. If a person went out to work at a rest man, will the gentleman yield? I made no bones about it, I thought it home or a nursing home where there Mr. KENNEDY of Massachusetts. I was cavalier, paternalistic, and de- are disabled people, then they would yield to the gentleman from Florida. meaning to even have a provision that qualify as a volunteer. Why can they Mr. WELDON of Florida. Mr. Chair- mandates volunteerism, which, in it- not do it in the confines of their own man, I thank the gentleman for yield- self, to me, are two internally incon- house and have it. If they go out and ing, and I would point out to the gen- sistent concepts: mandates and vol- work at a child care center and volun- tleman that part of the work require- unteerism. Those two things do not teer, it qualifies. Why could it not ment would include child care; if there even go together. qualify if they are volunteering in the is a day care center in the project, that We are demeaning this institution confines of their own home? working in that child care center now, and we have gone from the sub- This is ridiculous, to stand up and would qualify as a work requirement. lime to the ridiculous. The gentleman try to defend against this reasonable Mr. KENNEDY of Massachusetts. Re- comes forward with a completely rea- amendment. And now my chairman claiming my time, Mr. Chairman, I sonable amendment that says let us ex- comes back and says, oh, well, reason- would point out to the gentleman that empt people from this volunteer re- able housing authorities at the local maybe he has access to a lot of child quirement if they are taking care of a level will let people go outside their care, but most public housing agencies disabled relative or if they are taking door and sweep and they can satisfy do not have access, and most public care of a child at home, both provisions their volunteer requirement that way. housing projects do not have access to that are not made in the underlying That is ridiculous. child care. bill. It is a very, very reasonable And when the local housing authori- So while that may appear to be an amendment that the gentleman from ties, who they will not give any discre- easy solution for the gentleman, it is Illinois has raised. tion under the provisions of this bill, not, in fact, an easy solution for a lot My colleague from Florida comes and when they go and say, OK, we will let of the public housing residents we are says, oh no, we cannot accept that, but them sweep right outside their door. talking about. we will give the gentleman a 20 percent The CHAIRMAN pro tempore. The Mr. WELDON of Florida. Mr. Chair- requirement. This takes us back to time of the gentleman from North man, will the gentleman yield again? yesterday when in the general debate Carolina [Mr. Watt] has expired. Mr. KENNEDY of Massachusetts. I the notion was that anybody who dis- (By unanimous consent, Mr. WATT of yield to the gentleman from Florida. agreed with anything in this bill was North Carolina was allowed to proceed Mr. WELDON of Florida. Mr. Chair- bad. for 1 additional minute.) man, I would say to the gentleman We have got a perfect bill here, ac- Mr. WATT of North Carolina. Then that they would be able with this work cording to my colleagues, and anybody they will come back and cite the local requirement to create a child care fa- who disagrees with anything in it, re- housing authorities for not complying cility within the housing project. gardless of how ridiculous it is, we are with the law, because they will say, oh Mr. KENNEDY of Massachusetts. going to stand up and defend it at all no, we wrote a perfect bill, and how Taking back my time, Mr. Chairman, costs. We will be here all afternoon de- dare they tell the Federal Government the gentleman obviously does not un- fending this ridiculous provision in the that they will not comply with the derstand some of the costs that are as- bill. spirit and the letter of the law. sociated with taking up child care. Mr. LEACH. Mr. Chairman, will the My colleagues, we have reached a If the gentleman was here and paid gentleman yield? point of ridiculousness here. It is ridic- attention to the child care debate, Mr. WATT of North Carolina. I yield ulous partisanship. If this amendment there are all sorts of rules and regula- to the gentleman from Iowa. were offered by a Republican on the tions pertaining to child care and the Mr. LEACH. Mr. Chairman, I would floor of this House, it would have like. That is not really what the issue say to the gentleman, as he knows, in passed just like that. And the only is. the Committee on Banking and Finan- thing we are defending against is pride The truth of the matter is I think we cial Services on which he sits, 65 here. Partisan pride. That is all we are should be encouraging mothers and amendments from the minority side defending against and we ought to be families to take care of their children were considered and 29 were passed. So ashamed of ourselves. in their own homes and valuing that as this bill has the strong fingerprints of Mr. LEACH. Mr. Chairman, will the a society. They do not have to be drop- the minority. gentleman yield? ping them off in a child care center in Mr. WATT of North Carolina. Re- Mr. WATT of North Carolina. I yield order to get credit for it. They ought to claiming my time, Mr. Chairman, let to the gentleman from Iowa. be getting just as much credit in the me say to the chairman that we have Mr. LEACH. First, I hope the gen- family home as they do taking them to never, ever passed a perfect bill out of tleman recognizes that this side has a a child care center. this House. Never. I do not care who lot of respect for the perspective being I thought that was, as a matter of wrote it, who amended it, regardless of put forth. fact, one of the core values we were the circumstance, we have never passed The CHAIRMAN pro tempore. The trying to encourage in this country, a perfect bill out of this House. time of the gentleman from North not to go take children off to somebody And the notion that somehow some- Carolina [Mr. WATT] has again expired. else’s home but to bring them up our- body who comes forward, just because (By unanimous consent, Mr. WATT of selves. And why is that not an effort? they happen to be on the Democratic North Carolina was allowed to proceed Why is that not a reasonable effort and side, with a good idea and amends this for 30 additional seconds.) one that should qualify under the gen- bill is somehow protecting the status Mr. LEACH. Mr. Chairman, will the tleman’s notions of volunteerism? quo or is disingenuous or not being rea- gentleman yield? H2138 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Mr. WATT of North Carolina. I yield an executive branch agency or depart- and I think everybody does, what dif- to the gentleman from Iowa. ment presents a bill to the U.S. Con- ference does it make whether the Mr. LEACH. This side has never gress, it is normally considered to be President sent a bill over that said made a statement this is a perfect bill. the administration position? something different? What difference We are dealing with each issue on its Mr. KENNEDY of Massachusetts. Mr. does it make if you passed a bill out of merits. But I would stress to the gen- Chairman, will the gentleman yield? the committee? If you think it is a tleman, in terms of partisanship, the Mr. LEACH. I yield to the gentleman good idea, support it. provision that we are defending came from Massachusetts. Mr. LEACH. Let me recapture my to us, largely speaking, from the ad- Mr. KENNEDY of Massachusetts. For time. The gentleman makes a very ministration and we supported it. purposes of clarification, it is my un- good point, with this exception. It has Mr. WATT of North Carolina. Re- derstanding that the bill that the been your side of the aisle that is try- claiming my time, Mr. Chairman, the President, that HUD submitted, does ing to define a partisan differentiation, administration, I believe, would sup- not contain this as a binding agree- not simply an issue of judgment. Re- port the gentleman’s amendment to ment. It does not evict someone, and it peatedly on your side of the aisle, there this bill. is not a term of the lease, No. 1. No. 2, has been an effort directed at given Has anybody called the administra- it does in fact contain the provisions constituencies in America to try to say tion? I guess we are going to call the that the gentleman from Illinois [Mr. the miserable Republicans, or implying President every time we pass some leg- JACKSON], is offering. the Republicans are attempting to do islation in this body. We have never Mr. LEACH. Reclaiming my time, this to you. All I am suggesting is that done that before and I do not want to Mr. Chairman, I will respond directly this is a judgment that I think the ma- start now. to the gentleman. jority of Republicans probably support, The CHAIRMAN pro tempore. The The majority would like to acknowl- a number on your side of the aisle will time of the gentleman from North edge that there are certain tightening probably support, and the Executive Carolina [Mr. WATT] has again expired. up circumstances that have occurred in Branch supports in broad precept. I (On request of Mr. KENNEDY of Massa- this bill under the committee markup make this point because it is very im- chusetts, and by unanimous consent, process. But I would like to read to the portant in terms of public policy, if Mr. WATT of North Carolina was al- gentleman precisely the bill submitted Congress passes a law of this nature, lowed to proceed for 30 additional sec- by Secretary Cuomo, under section 111, that people in public housing should onds.) community service requirements for not then come to think that this is a Mr. KENNEDY of Massachusetts. Mr. the public housing in section 8 pro- Republican ax held over their head. It Chairman, will the gentleman yield? grams. And it reads, and I quote di- is the judgment of the Congress, a bi- Mr. WATT of North Carolina. I yield rectly, this is the position of the De- partisan kind of judgment of which to the gentleman from Massachusetts. partment of Housing and Urban Devel- there are individuals that will differ. Mr. KENNEDY of Massachusetts. Mr. opment, which is a part of the Clinton But I refuse to hear the suggestion and Chairman, I just want to point out to administration: implication that you as individual the chairman of the full committee ‘‘Notwithstanding any other provi- Members stand for the complete Demo- that he has cited on a number of occa- sion of law, each adult member of each cratic Party. You may stand for the sions the fact this is a Democratic pro- family residing in public housing or as- majority of the Congressional Demo- vision. The truth of the matter is, if we sisted under section 8, shall, without crats, but on this particular issue in go back through the legislative history compensation, participate for not less broad measure, the Executive Branch of this provision, it came from a Sen- than 8 hours per month in community differentiates itself from you and is ator on the Republican side of the service activities not to include any closer to our side. other body who inserted it in a bill 2 political activity within the commu- The CHAIRMAN pro tempore (Mr. years ago that nobody thought was nity in which that adult resides.’’ LAHOOD). The time of the gentleman going anywhere. b 1530 from Iowa [Mr. LEACH] has expired. It is not a proper representation to (On request of Mr. KENNEDY of Massa- suggest that this is a provision that The reason I stress this, I think it is chusetts, and by unanimous consent, came from the Democratic side or from absolutely fair for any individual Mem- Mr. LEACH was allowed to proceed for 2 the President of the United States. It ber on either side of this body to dis- additional minutes.) is just not proper. agree with the administration. I think Mr. KENNEDY of Massachusetts. Mr. Mr. WATT of North Carolina. Mr. it is absolutely fair to disagree with Chairman, will the gentleman yield? Chairman, reclaiming my time, I will any provision in this bill. I happen to Mr. LEACH. I yield to the gentleman say it should not matter who offered believe that virtually all American from Massachusetts. the amendment. It is a good amend- Presidents are more than half right Mr. KENNEDY of Massachusetts. Mr. ment. We should support it. The gen- more than half the time, and so I have Chairman, first I want to go back to tleman from Iowa should consent to it. been criticized for being inconsistent the gentleman citing this initial law. I Mr. LEACH. Mr. Chairman, I move to in sometimes supporting a President go back to the issue that there was an strike the requisite number of words. and sometimes not. That is a matter of intention and there is an intention on I think it only fair that we lay on the individual judgment at a time, and I the Democratic side to encourage indi- record what is the circumstance in the think the gentleman from Massachu- viduals to participate in volunteering fairest possible way. The gentleman setts [Mr. KENNEDY] and the gentleman who receive public housing. There is from Massachusetts may well be right from North Carolina [Mr. WATT] are also a recognition that this should not that originally a legislator may have thoroughly within their rights to dis- be a term of the lease. In other words, come up with this idea. But the gen- agree, even though they are disagree- yes, they shall in fact participate in tleman from Massachusetts, I think, ing with a provision of a bill that they volunteerism and the like. We do not will acknowledge that the bill that was themselves introduced by request, and as Democrats always agree on every transferred from the Department of when you introduce by request, it does provision. The gentleman is correct in Housing and Urban Development under not mean that you agree with all sub- pointing out that there is perhaps a Secretary Cuomo, that was introduced tle points. broad agreement in this country that by the gentleman from New York, [Mr. Mr. WATT of North Carolina. Mr. what we ought to do is fix up public LAZIO], and by the gentleman from Chairman, will the gentleman yield? housing by virtue of abandoning our Massachusetts, [Mr. KENNEDY], con- Mr. LEACH. I yield to the gentleman commitment to the very poor. It is tained a community service component from North Carolina. within the rights of those of us within of 8 hours of work per month. Mr. WATT of North Carolina. I appre- the Democratic Party, and I would And I would ask the gentleman, is it ciate the gentleman yielding. hope maybe a few in the Republican not true that, basically speaking, in My question to the gentleman is, Party, that think that it is wrong as the nomenclature and the vocabulary what difference does it make? If the policy of this country for us to turn of the House of Representatives, when gentleman thinks this is a good idea, around and abandon the poorest people May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2139 in this country so that we can say that Mr. LEACH. I yield to the gentleman The trouble, Mr. Chairman, is that public housing works simply because from Massachusetts. within this bill what we see is an al- we no longer provide them a benefit. I The CHAIRMAN pro tempore. The most mean spiritedness that qualifies think that that is a moral question, time of the gentleman from Iowa [Mr. only the poor for the programs. If they and I think that these are issues that LEACH] has again expired. gain a benefit from the United States, get to the heart of what this country is (On request of Mr. KENNEDY of Massa- they are forced to give back, or they all about, and I think that these are is- chusetts, and by unanimous consent, are thrown out of their homes. This is sues that need to be openly and hon- Mr. LEACH was allowed to proceed for 2 patently unfair and is an indication estly debated. I think when one par- additional minutes.) that poverty is equated with immoral- ticular party happens to agree with Mr. KENNEDY of Massachusetts. Mr. ity. that set of policies and there is great Chairman, I would point out to the Mr. LEACH. Mr. Chairman, if I could division in the other party, that it is gentleman that I have been asked by reclaim my time, I say to the gen- perfectly reasonable for us to charac- HUD to submit an alternative bill be- tleman from Massachusetts [Mr. KEN- terize what is coming out by your own cause of the significant differences NEDY], nobody on this side of the aisle admission as a policy that is generated that exist between HUD and the Repub- said poverty is equated with immoral- largely by virtue of what your party lican version of this bill, No. 1. ity. That is language that comes from has come to stand for. It seems to me No. 2, I do believe, as I have said ear- your side and it is a debate technique that it is eminently reasonable for us lier, that there are significant dif- attempting to put an idea on our side. to characterize the way your party has ferences between the way we are ap- The second point, I just think it very acted towards the poorest and most proaching taking care of the very poor important to say, the words mean spir- vulnerable as insensitive to their in this country, the kinds of require- ited has been introduced. No one to my ments that we are putting only on the needs. I appreciate the gentleman knowledge has approached this from a poor in this bill with regard to how we yielding. mean-spirited direction. To the degree The CHAIRMAN pro tempore. The are handling the fact that we expect that any appellation applies, it has to time of the gentleman from Iowa [Mr. them to volunteer. I am sure the gen- also apply to the administration who tleman from Iowa, who has had a very LEACH] has again expired. submitted this precept. And so if there (By unanimous consent, Mr. LEACH balanced approach to his legislative ca- is either a positive or a pejorative, it was allowed to proceed for 2 additional reer, would understand that there are a has to be considered collective, I am minutes.) lot of people in this country that gain sure shared by some on the gentle- Mr. LEACH. Mr. Chairman, in re- great benefits, financial benefits, much man’s side of the aisle as it is shared sponding, let me just put this in a lit- more substantial than the families by the administration. that go into public housing, that are tle broader background: 21⁄2 years ago, Mr. KENNEDY of Massachusetts. Mr. there was a major effort and consider- never asked to volunteer at all. I would Chairman, I would just point out to the ation by this administration to elimi- just like to understand from the gen- gentleman that another gentleman on nate HUD. That effort received wide- tleman from Iowa why he believes that your side of the aisle suggested that spread consideration in this body. Our it is fair to ask people in public hous- what the poor in public housing do is committee, of which the gentleman ing to submit to this kind of volunta- sit around and watch Oprah Winfrey. I from North Carolina [Mr. WATT] and rism but it is not fair to ask people believe, Mr. Chairman, that that has the gentleman from Massachusetts that get other kinds of tax benefits, racist characteristics that ought to be people that get oil and gas benefits, [Mr. FRANK] are members, made a col- dealt with by the gentleman’s side. lective kind of decision to try to not people that get benefits from the That is a mean-spirited comment. eliminate public housing but to reform Eximbank, or the Housing Administra- Mr. LEACH. I did not hear those it. The dollars that we have put on the tion. words. I will look for them in the Mr. LEACH. I think the gentleman table are precisely the dollars re- RECORD. makes a fair inquiry. Whether it is ex- Mr. JACKSON of Illinois. Mr. Chair- quested by the President of the United actly apples and oranges, I will put man, will the gentleman yield? States, Mr. Clinton. The reforms are in aside. But I would say the effort of the Mr. LEACH. I yield to the gentleman large measure consistent with the pro- majority side at this time is to en- from Illinois. posals of the Department of Housing hance and increase the incentive for The CHAIRMAN pro tempore. The and Urban Development. I acknowledge work and to enhance social obligation. time of the gentleman from Iowa [Mr. on this issue, and also with regard to The gentleman’s uncle was a great be- LEACH] has again expired. this amendment, there are some dif- liever in community service, in public (On request of Mr. JACKSON of Illi- ferentiations. This amendment, for ex- service. That is what this bill is de- nois, and by unanimous consent, Mr. ample, addresses a point where the signed to enhance at the local level. I LEACH was allowed to proceed for 1 ad- committee may have gone further than do not mean to say I presume that I ditional minute.) the bill that HUD supplied, but we speak more for the gentleman’s uncle Mr. JACKSON of Illinois. I thank the think we are largely consistent. But than he can. gentleman for yielding. having said that, the big picture is that Mr. KENNEDY of Massachusetts. I Mr. Chairman, I just want to make we have made a decision to try to re- appreciate that, Mr. Chairman. I am one clear observation. My amendment form rather than to allow continued not going to react to that one. I appre- says that a mother with a newborn can stultification and decay. We believe we ciate the fact that the gentleman has be exempted from this particular re- are in tune with the American people cited, I assume, President Kennedy for quirement for caring for her newborn. on the view that when one receives a his efforts on trying to give people the His amendment specifically says that benefit, to the maximum extent pos- notion that we all have a responsibility only 20 percent of those residing in a sible, there ought to be something pro- to give back to this country. public housing authority can be ex- vided back in a public kind of way. The CHAIRMAN pro tempore. The empted for having a newborn. That is That is what we have on the table and time of the gentleman from Iowa [Mr. the difference between my amendment what you have every right to individ- LEACH] has again expired. and his amendment. I say 100 percent ually differentiate yourself with. But (On request of Mr. KENNEDY of Massa- of women with newborns under the age in large measure, the approach the chusetts, and by unanimous consent, of 6 or caring for their children, caring Committee on Banking and Financial Mr. LEACH was allowed to proceed for 2 for senior citizens, caring for those Services has brought forth is one in additional minutes.) that are physically disabled should be which we have worked very closely Mr. KENNEDY of Massachusetts. But exempted. His amendment calls for with HUD. HUD has worked very close- I do not believe that President Ken- only 20 percent and no provision what- ly with us, and by HUD, I do not mean nedy or anybody else ever suggested for soever for how that 20 percent should it in broad terms, I mean the adminis- one moment that that was to be the ex- be determined in a given public hous- tration and the Presidency. clusive provision of the poor, but rath- ing authority. That, sir, from my posi- Mr. KENNEDY of Massachusetts. Mr. er that that ought to be a uniform tion and my perspective, and I say this Chairman, will the gentleman yield? sense across this country. respectfully, is quite mean spirited. H2140 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Mr. LEACH. I think the gentleman b 1545 philosophically in tune with the peo- makes decent points and they ought to What did CBO say it is going to cost? ple. I recognize, given the distorted be respected. About $30 million, $35 million. For the view of things it comes across, it will Mr. FRANK of Massachusetts. Mr. larger housing authorities, they can be popular, but it is mean, it is not Chairman, I move to strike the req- probably absorb it. For the smaller right, and I would hope we would at uisite number of words. ones, it does not. My colleagues least make this exemption. Let me begin in a spirit of concilia- underfund the housing authorities and Mr. POSHARD. Mr. Chairman, I tion. The chairman has several times simultaneously impose this require- move to strike the requisite number of cited the position of the President. I ment on them, and they impose it only words. would ask unanimous consent that we on the very poor, only on the unem- Mr. Chairman, I think citizens in this substitute the language submitted in ployed poor. country ask one thing of their govern- this regard by the administration for We can say, ‘‘Well, we’ll think about ment above all other things. That is a the language in the bill. it,’’ but nobody has done this for re- sense of fairness, a sense of justice, a Mr. WELDON of Florida. Mr. Chair- cipients of direct subsidy from the Ex- sense of consistency in the way we man, I object. port-Import Bank, nobody has done treat people irrespective of their eco- Mr. FRANK of Massachusetts. The this for the people who get farm sub- nomic wherewithal or irrespective of gentleman objects. The gentleman has sidies, no one has done it for a whole their needs. a right to object, but what he cannot range of other things, and to single out There is a wonderful line in a poem do is object to the insertion of the the lowest income group and impose by Robert Frost, the poem called President’s language and continue to this restriction bespeaks the sense that ‘‘Death of the Hired Man.’’ Silas, the cite it. I know lawyers sometimes get they are therefore really people of low old hired man, has come back home. He criticized but they have a very useful moral fiber. Why do my colleagues is still able-bodied, but the gentleman term called estoppel. If in fact the gen- have to force them to do this? Why do who owned the farm said to the lady he tleman objects as he has just done to they pick out the poorest of the poor ought to have to earn his way here. He using the President’s language on this and say, if they are not working, we as the legislation, he is estopped from has come back home, and we should are going to make them do this, be- not keep him unless he can earn his using the President as the justifica- cause the underlying assumption is tion. So I trust the Republican side way. these are not people of great moral Now I remember the words of the having objected to my effort to amend worth, these are not people who will do it with the President’s language, we lady who spoke to her husband, and she it, and please, as I say again, do not, said, ‘‘You know, home is something will not hear the President again in- basic principle, do not invoke the voked. The President I suppose in this you somehow have not to deserve. President if my colleagues are not pre- Home is the place that when you got to bill as far as you are concerned will be pared to invoke the President. If my here in spirit even though he cannot be go there, they got to take you in.’’ colleagues want to accept the Presi- Now think about that. That is the here in language, but I do not think dent’s language, invoke the President that is an appropriate parliamentary real argument here. America, out of its for support, but if they object to the goodness, provides a home for a lot of thing. Let us now get that stalking President’s language, let us not have horse out of here. people who are in very difficult cir- the President being thrown in that cumstances, and what some folks here We are prepared to accept the Presi- way. dent’s language. Your side apparently want to do is say, ‘‘Nah, before we pro- This is a very clear-cut singling out vide it, they have to somehow earn it, is not. If you want to, and it is only of the poorest of the poor in public one objective, maybe we can work this they have to deserve it.’’ That is not housing. what the heart of America says. That out. Second, let us now talk about the Mr. JACKSON of Illinois. Mr. Chair- has never been what the heart of Amer- substance. The fact is, and here is why man, will the gentleman yield? I subscribe to the language of my Mr. FRANK of Massachusetts. I yield ica says. America says just what Rob- friends from North Carolina, Illinois, to the gentleman from Illinois. ert Frost said: and Massachusetts, why I believe this Mr. JACKSON of Illinois. Mr. Chair- ‘‘Home is somehow something you does bespeak a meanness toward people man, I just want to make sure that it have not to deserve.’’ in low income. Let me give an analogy. is clear, because I get the impression That is what we owe our poorest peo- We had a very similar debate about we are getting ready for a vote shortly, ple. We cannot legalize their sense of this during the welfare bill. Some of us this is the amendment that says that contribution to the little box where felt that the language as it applied to 80 percent of mothers in public housing they live. That does not make it right legal immigrants, with regard to the with newborns can be evicted for fail- or make it better. exclusion of legal immigrants from a ure to volunteer. If we want to do something, why do whole variety of programs was mean. Mr. FRANK of Massachusetts. Mr. we not direct our efforts to provide We were told, oh, no, that is just soft. Chairman, the gentleman has clearly more education, more training, more The American people want it. The gen- not followed this. Yes, we believe in opportunity so people can escape some tleman from Iowa said we are in tune this body that women with their chil- of these circumstances? That ought to with the American people. You may dren or fathers with their children be the real thrust of what we do out of have been in tune with the American should be there and there is some evi- the heart of America. people last year and what have you dence that that is important, but if I have 46,000 families in my district, got, a situation which almost every- they are poor enough, then they lose one of the largest districts in the Na- body admits is intolerable. We did ex- that right to do it all the time, and 8 tion, that have earned income tax cred- actly that last year. We listened to the hours a month in principle may not be it qualifiers. I know what people’s per- people who said let us get tough and let that much, but if one does not have ception of poverty is in this country. us not fool around and we now have 80- child care available to them, 8 hours a Five percent of those people in the year-olds desperate, 80-year-olds com- month could be a problem, particularly earned income tax credit in my district mitting suicide in some cases. You are if they have to schedule the 8 hours. are black; the rest of them are all going to have to try to fix it. Do not There may be some unscheduled prob- white. make the mistake again. lems with the children, and I have to Listen. They work really hard. They Impose on every housing authority, say imposing this restriction on every do not want to stay in these cir- everywhere in America, this obliga- housing authority, whether they want cumstances. They never wanted to be tion. By the way, let us note that using to do it or not, on everyone in the in them to begin with. They want hope. this kind of labor in some cases will country, yes, it does to us mean that Just go there and talk to them. My col- cost you more than it will bring in in our colleagues are singling out the leagues would not get a sense that they dollars. We are not talking about some- poorest of the poor for a harsh treat- are lazy or they want to be there. Most thing that has any cash value. It is ment. of them already work 20 hours a week going to be expensive for some housing And I will concede one thing to the for the welfare benefits that they get. authorities to administer this. gentleman from Iowa. He says this is That little box they call home is about May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2141 all they really feel is theirs. Do not de- must tell my colleagues that as I Mr. JACKSON of Illinois. Mr. Chair- mean their ownership. Opportunity, talked to Secretary Cuomo the sense man, will the gentleman yield? not mandating their innate sense of that I received was that in the spirit in Mr. SESSIONS. I yield to the gen- contribution, is what they need. which we meant it is that we need peo- tleman from Illinois. None of us, none of us in this coun- ple to participate in America. Mr. JACKSON of Illinois. Mr. Chair- try, really deserve the tremendous Mr. KENNEDY of Massachusetts. Mr. man, I want to make it clear because I good that our country gives to all of Chairman, will the gentleman yield? was also a participant in the conversa- us. I can think of 100 different cat- Mr. SESSIONS. Mr. Chairman, I will tion with Secretary Cuomo on that egories of people which the Federal yield to the gentleman in just one mo- particular occasion. Secretary Cuomo Government helps who we do not man- ment, because we were there that same also made it clear that failure to vol- date that they do anything to deserve day and I would like the gentleman to unteer was not a binding lease term the help. We build ballparks, race recount the same things that I heard. and he would not support the eviction tracks for people who are multimillion- I would like for the RECORD to once of an individual for failing to volun- aires, and we do not say, ‘‘You got to again be noted that Secretary Cuomo teer. And we made a distinction on do something to deserve it.’’ agreed with this section, and it is spe- that occasion between public service in I go through a major airport at least cifically my point in rising today that terms of voluntarism; i.e., Boy Scouts two or three times a week. I do not see I believe we are asking for participa- and Girl Scouts, a form of volition, and many poor people there flying. We pay tion from those people who live in pub- another form punitive in nature, which for that with tax money. I go to our lic units to become a part of that pub- this bill and this particular section great land grant institutions of higher lic unit and to make it work. that the gentleman from Florida [Mr. learning. Ninety percent of the chil- Lastly my point, and then I will WELDON] has recommended speaks to, dren that are there are children that yield, I believe that what we should do and that is that right now 80 percent of are from wealthy families or families is listen to the people who are in the mothers in public housing, under Mr. at least that have a decent where- business of public housing about how WELDON’s amendment, 80 percent of withal. They are not poor children. We they see the public policy working, and women in public housing who have pay for that with tax dollars. We do Secretary Cuomo said he agreed with newborns will subsequently be evicted not say they have to deserve this. it. It was a forthright, honest question if, in fact, they do not volunteer, and The CHAIRMAN pro tempore (Mr. that I gave to him, and he gave me a that is what we are talking about. Mr. SESSIONS. Mr. Chairman, re- LAHOOD). The time of the gentleman forthright honest answer. claiming my time, let me ask the gen- from Illinois [Mr. POSHARD] has ex- Mr. Chairman, I yield to the gen- tleman this. The gentleman’s amend- pired. tleman from Massachusetts [Mr. KEN- ment evidently talks about children up (On request of Mr. JACKSON of Illi- NEDY]. nois, and by unanimous consent, Mr. Mr. KENNEDY of Massachusetts. Mr. to the age of 6; is that correct? Mr. JACKSON of Illinois. I would POSHARD was allowed to proceed for 1 Chairman, I thank the gentleman for think that is exactly what my amend- additional minute.) yielding. ment speaks to. Mr. POSHARD. Let us not make the Mr. Chairman, I think a lot of the The CHAIRMAN. The time of the poor people of our country feel like sort of inclinations that the gentleman gentleman from Texas [Mr. SESSIONS] they are the only ones who have to de- has I think are reasonable. I think that has expired. serve the goodness, the heart of our the real question is whether or not we (On request of Mr. JACKSON of Illi- Nation, that they have to prove that are going to be evenhanded with this nois, and by unanimous consent, Mr. they are deserving to live in housing notion of how we expect people to react SESSIONS was allowed to proceed for 1 that the rest of us here in this body to this renewed sense of commitment additional minute.) probably would not live in if it were to America, and what I wonder is in Mr. SESSIONS. So the question is, is given to us for free. That is what this this bill there are a lot of landlords that we should take these women who is really about. We are changing the that are going to have, they are going have babies, children that are under 6, ground rules here. We are flying in the to make millions of dollars. and to exempt them simply because face of something very basic and fun- Mr. SESSIONS. That is not the dis- they might have children that they damental as Americans, and we ought cussion of this bill. That is not the dis- have to take care of? not to do it unless we are willing to do cussion about who is making money Mr. JACKSON of Illinois. Mr. Chair- it across all classes and be consistent and who is not because that is an in- man, will the gentleman from Texas for all manner of people and needs. vestment issue. again yield? Mr. SESSIONS. Mr. Speaker, I move Mr. KENNEDY of Massachusetts. If Mr. SESSIONS. I yield to the gen- to strike the requisite number of the gentleman will continue to yield, I tleman from Illinois. words. just have a question for him. Mr. JACKSON of Illinois. No, my Mr. Chairman, the words that have There are a lot of landlords that in amendment specifically states that a been spoken today on both sides do ad- this bill are going to make millions of single parent, a grandparent or a dress the heart of the issue. The heart dollars this year. They are going to be spouse of an otherwise already exempt of the issue is whether we are going to people that own project-based section 8 individual who is the primary care- ask those people who are American housing, people that receive section 8 taker of a child under 6, an elderly per- citizens, those people who live in pub- vouchers, and be all sorts of folks that son or person with disability, that they lic housing, whether they are going to make money. be exempted from the community work participate in an America that is mov- Now, I wonder whether or not the requirement. The gentleman then sub- ing forward. gentleman feels that those individuals sequently proposed an amendment that On March 6 of this year, I am the per- that are going to make money out of allows a public housing authority an son that engaged Secretary Cuomo on this bill have the same requirement for amendment to my amendment which the discussion as it related to H.R. 2, voluntarism that the people that oc- simply suggests that only 20 percent of section 105, and that is the discussion cupy the public housing do. people living in public housing should that I attempted to engage with the Mr. SESSIONS. Mr. Chairman, it meet this requirement, and that is the leading housing authority in this coun- should be noted that they have in- specific amendment that we are ad- try on this specific issue, the issue of vested that money for the purpose dressing, and therefore I raise the ques- how are we going to have people who which is for the good of all people. tion about the additional 80 percent live in public housing who are not em- They get up and go to work every day. that would not be exempted under the ployed but who receive something of I would like to say that even though I gentleman’s amendment. substance from the Government, how have what might be considered a full- That is specifically what we are talk- are we going to enable these people to time job I still take time to volunteer. ing about. His amendment says that 80 become a part of the process not only Mr. KENNEDY of Massachusetts. If percent of women in public housing within their own housing unit but the gentleman would continue to yield, who have newborn children must vol- within the general community? And I I am not discounting his voluntarism. unteer, leave their child at home or H2142 CONGRESSIONAL RECORD — HOUSE May 1, 1997 face eviction. That is what his amend- personally worked with them, person- York [Mr. LAZIO] has not answered my ment says. ally swept up, personally planted question, and he has not objected to b 1600 plants with people who live in housing more time for all the other speakers, authorities. I have seen no lack of in- and I would like to get an answer to Ms. JACKSON-LEE of Texas. Mr. terest in cleaning up their area, no my question. It certainly seems to be Chairman, I move to strike the req- lack of interest in beautification, no unfair when we engage in this debate uisite number of words. lack of interest in volunteerism, beg- to not give appropriate time. There Mr. Chairman, I appreciate the lead- ging for the community to come to the have been unanimous consents before ership of the gentleman from Massa- housing developments, begging for without an objection. chusetts [Mr. KENNEDY] and of the gen- them to volunteer with us. The CHAIRMAN pro tempore. There tleman from Illinois [Mr. JACKSON] on This is an outrage. It is an outrage is an objection. this issue in bringing it up for our at- because my colleagues are forcing the 8 Ms. JACKSON-LEE of Texas. Let me tention. hours on individuals that have been simply say, Mr. Chairman, the gen- I was prepared today to offer an claimed, as the Jackson amendment tleman is misguided and misdirected. I amendment to eliminate totally this exempts, grandparents, spouses who am withdrawing my amendment in aspect of this legislation. I think the are primary caretakers for dependent support of the amendment of the gen- amendment of the gentleman from Illi- young children, senior citizens or dis- tleman from Illinois [Mr. Jackson], and nois [Mr. JACKSON] is eminently fair, it abled persons. I think my colleagues on the other side is reasonable, and it responds to the I cannot understand, and I would ask of the aisle all need to do the same concerns that I have heard expressed the gentleman from New York [Mr. thing. on behalf of the American people. LAZIO] as well, why he is not willing to Mr. GILCHREST. Mr. Chairman, I I would simply like to ask the gentle- accept this as a faithful compromise to move to strike the requisite number of men on the other side of the aisle why this issue, why the gentleman is not words. they would not accept the Jackson wanting to see us work together to be Mr. Chairman, I think everybody in amendment, why they do not believe able to provide this kind of leadership the Chamber this afternoon wants to that this is eminently fair, that they on this issue. resolve a problem that has persisted in would distinguish those parents, those Mr. SESSIONS. Mr. Chairman, will this Nation for decades, and that is the disabled individuals, those caretakers. the gentlewoman yield? problem of poverty, particularly the First of all, they are representing that Ms. JACKSON-LEE of Texas. I yield problem of poverty in public housing. they are representing the American to the gentleman from Texas. Someone mentioned that we are people, and that is that America now is Mr. SESSIONS. Mr. Chairman, I about to change the ground rules. I caught up in the emotion of volunteer- thank the gentlewoman for yielding think it is about time to change the ism. and, in the bipartisanship from the ground rules. We are attempting to Might I emphasize that volunteerism State of Texas, I appreciate her words. change the ground rules so that we can is just that. I believe in volunteerism. It is our concept and idea that this is cut the cycle of the paralysis of pov- I believe in what the President did over a good idea. That is why we are not erty that has existed in public housing the last weekend when thousands of yielding on this amendment. We think for far too long. We are talking about people came and voluntarily came and that volunteerism is important. We women who have children should not voluntarily committed themselves to would like to encourage, where appro- be a part of this particular program of volunteering. I believe in the schools priate, each of the people who are in voluntarism. who are saying, we are not going to section 8 housing units to get together, Well, No. 1, if someone living in pub- give diplomas unless some of our chil- those mothers, to band together, to lic housing with children has a part- dren are engaged in volunteerism as a know each other, to get to know who time job, it is my understanding that part of the diploma. I believe in that. their children are, who those children they are exempt from this voluntarism Why? Because children are in a learn- are and to work together, and then to program. However, let us take a look ing mode. allow, as a result of this community at the women who are not exempted, So all of us are not to be labeled as work, this volunteerism, to allow a let us take a look at the women who fighting against this concept of vol- mother to go out and to expand her ho- are not working and who have children. unteerism, and the other side of the rizons. It seems to me that, if we create a aisle holds up the moral standard of Ms. JACKSON-LEE of Texas. Mr. structure where these women will have volunteerism for this Nation. Chairman, reclaiming my time, I thank an opportunity to have an exchange, a The question is that my colleagues the gentleman very much, out of the simple, human exchange with other on the other side of the aisle are forc- spirit of bipartisanship in the State of people for a couple of hours a week, ing individuals who need a roof over Texas. Let me respond to that. that is a positive thing. If we are to their head to be able to say that we We had the welfare reform package break the cycle of poverty, we need have a place to live, to go out and that has indicated to those on welfare, people to have an exchange of informa- abandon children, to not be able to be some of whom are in the public housing tion, an honest exchange of informa- the appropriate caretakers. And in ac- from welfare to work. We have already tion with other people within the com- tuality, my colleagues are taking from set parameters for individuals to tran- munity. them, without due process. sition out of dependency into independ- Women with children should be of- If we explain to the American people ence. This issue of volunteerism should fered an opportunity to improve the that we are categorizing poor people, be what it is. quality of their life. They will not im- taking from them their rights without The CHAIRMAN pro tempore (Mr. prove the quality of their life unless due process, I think the American peo- LAHOOD). The time of the gentlewoman they have the chance, created by this ple would understand and believe that from Texas [Ms. JACKSON-LEE] has ex- structure, to exchange information this side of the aisle with this amend- pired. with other people, and the community, ment, this fair amendment, is right. Ms. JACKSON-LEE of Texas. Mr. the public housing project, the man- My colleagues are denigrating them, Chairman, I ask unanimous consent for ager of that project, has the oppor- and they are also disrespecting the vol- 1 additional minute. tunity to create an infinite number of unteerism that goes on in housing au- The CHAIRMAN pro tempore. Is volunteering opportunities, not just thorities across this land. there objection to the request of the one or two. We could even have two I have almost the largest number of gentlewoman from Texas? women in that project who would vol- housing units in my district in the Mr. LAZIO of New York. Mr. Chair- unteer to baby-sit 2 hours a week for State of Texas, public housing units, man, I am going to object to this. Peo- their neighbor. That is an opportunity section 8 vouchers. Those individuals ple are waiting in line. Everyone is to volunteer. volunteer. I have personally worked wanting to have a chance to speak. Let me make one other point. As we with them myself to clean up housing Ms. JACKSON-LEE of Texas. Mr. discuss this issue, I think a fundamen- projects, housing developments. I have Chairman, the gentleman from New tal issue has to be raised here. As we May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2143 discuss the issue of trying to break the cratic friends know, is that the ordi- lems are because of the poor, rather cycle of poverty, which is what has nary American is working longer hours than looking at what the wealthy and paralyzed people, often for decades, for lower wages. What our Republican the powerful are doing. what is the mystery of human initia- friends know is that most of the new Mr. Chairman, I would suggest, some- tive? Why do some people seem to be jobs that are being created are low- body here before said about upper-in- successful and other people are not so wage jobs, they are often part-time come people, you have upper-income successful? It seems to me, the mys- jobs, they are temporary jobs. people who are getting checks who do tery of human initiative is responsibil- So the average American today is not work. We have not heard any sug- ity, dignity, and compassion, and offer- frustrated and is angry, because his or gestion that maybe those people might ing the structure, a very flexible struc- her standard of living is in decline. want to be forced to volunteer in order ture, so people will have the oppor- They look around and they say, well, to get their checks from the govern- tunity to meet other people, to ex- why am I in worse shape than I was 10 ment. change ideas, to listen and learn, to years ago? Why are my kids in worse I would suggest that this entire pol- improve the quality of their life, the shape than was the case in the previous icy is one of an effort to humiliate poor structure that we are offering here, generation? And instead of having the people; to get the middle class in oppo- that the gentleman from New York courage to look at the real causes of sition to poor people, rather than to [Mr. LAZIO] is offering here I think is our problems, trying to understand really look at what the causes of our beginning to resolve or solve that mys- that our jobs now are going to China problems are. tery. We are offering people respon- and to Mexico, trying to deal with the Mr. FORD. Mr. Chairman, I move to sibility, we are offering people dignity, fact that, while the richest people in strike the requisite number of words. Mr. Chairman, I thank the gentleman and in the process we are offering peo- America have never had it so good, the from Illinois [Mr. JACKSON] and the standard of living of working people is ple compassion. gentleman from Massachusetts [Mr. Now, I want to look at public hous- in decline, trying to understand that KENNEDY] for their leadership, and even ing. I have many public housing units the minimum wage has not kept pace Chairman LAZIO, and really make a in my district. I go from Baltimore with inflation for 4 years, trying to final appeal to my Republican col- city to the rural Eastern Shore, and I really address the frustrations and the leagues to withdraw the Weldon can tell my colleagues some housing angers of the middle class when our Re- amendment; that we all recognize as projects are wonderful and some hous- publican friends are saying, we know we negotiate here on this House floor ing projects no one would want to live why they are hurting, and they are we must do what is best for the Amer- there, and no one should live there. hurting because all of their money is ican citizens, particularly our weakest The reasons for that are several. going to those poor people. citizens, our economically weakest There is a lot of money pumped into They are the ones who are taking the citizens. public housing projects. I can tell my tax dollars. They forget to talk about Mr. Chairman, I echo and underscore colleagues just in my district, and we the $125 billion a year that goes in cor- many of the points that have been relentlessly pursue this, a lot of that porate welfare, tax breaks and sub- made by several of my colleagues on money never reaches the maintenance sidies for the largest multinational both sides of the aisle, particularly of the public housing project. It never corporations in the country, many of those who would suggest to us that we reaches the problems of drug abuse. It which are taking our jobs to China and ought to be fair and consistent in how never reaches the problems of recre- Mexico. We do not talk about that. we treat all Americans from an eco- ation. It never reaches the people that They do not talk about a housing pol- nomic perspective. we intended that money to be served icy through the home interest mort- To mandate to those who happen to for. Whose responsibility is that? It is gage reduction program which allows be poor, who happen to not be able to each Member of Congress that needs to billionaires to get checks from the write huge checks to our campaigns, get into every housing project in their Government when they deduct the in- who happen to not be as politically district and see what some of the prob- terest on their mortgage from their strong as some constituencies in this lems are. mansions. Nation, Mr. Speaker, and I say to my When we pass this bill, and I hope we We do not talk about that. But what colleagues on both sides of the aisle, we pass this bill and I hope this bill is we say, it is the poor people. And then all know that is wrong. signed into law by the President, it is if we are going to target the poor peo- Let us support the Jackson amend- not the end of it; it is only the begin- ple, we have to figure out a way to hu- ment and do what is right for America. ning of it. We should begin to pursue miliate them. If we are indeed sincere and serious not only how this volunteerism pro- So what we say is: If you are poor about eradicating poverty, or reducing gram works but follow the money trail, and you live in a housing project, you levels of poverty, of giving children because I would say right here on this must work. Now, how do we have a vol- and young people a chance in this Na- House floor, Mr. Chairman, that there unteer program when we force some- tion, let us do the right thing and pro- should not be one housing project in body to work? I have never heard about vide for senior citizens and caretakers the United States that is managed well that. Now, some people say well, we to this Nation, who in a sense are pro- that should not be a fine example of want to help these poor people. What viding the grandest form of volunteer how people should live, not only the about creating jobs that actually pay service, the tallest and proudest form maintenance, but the education and something? Are my colleagues going to of public service. how people are nurtured. work with me for having public works I appeal to my colleagues on both So I would support the amendment of programs and get those people out so sides of the aisle, do the right thing. the gentleman from New York [Mr. they can earn a paycheck? I have not Do the American thing. Do the fair LAZIO]. heard that. thing. Bring a sense of justice or re- Mr. SANDERS. Mr. Chairman, I What my colleagues are saying is: We store a sense of justice to this issue. move to strike the requisite number of want you to work, but we are not going Treat those who live in public housing words. to pay you. We are going to give tre- authorities like we treat those who re- Mr. Chairman, let me offer a sugges- mendous power and authority to your ceive tax and oil subsidies in this Na- tion as to what I think underlies this. supervisor, the administrator at the tion. Treat those who live in public Mr. Chairman, I think that some of our public housing authority, to tell you housing authorities like we treat those friends over here on this side know what you are going to be volunteering who receive any type of other subsidy that the American people, many Amer- to do. in this Nation. ican people are very angry and they are Let us do the right thing. Let this very frustrated. The reason is that, de- b 1615 body restore the confidence that we spite what we read in the newspapers I would suggest that what this entire know we deserve, that we have lost, every day about our, quote unquote, process is really about is scapegoating; that has been shattered. Let us do the booming economy, what our Repub- is having the middle class and the right thing and treat public housing licans friends know, some of our Demo- working people think that their prob- residents like American citizens. H2144 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Mr. SHAYS. Mr. Chairman, I move to a 5- and a 6-year-old who is going to be Mr. KENNEDY of Rhode Island. Mr. strike the requisite number of words. influenced, that they would be influ- Chairman, I move to strike the req- Mr. Speaker, I have been listening to enced by seeing their parent work, and uisite number of words. this debate in my office, absolutely fas- to see them at a gainful activity that We all know what is going on here. cinated. I am seeing some people on is of community service. So I view that We should know what is going on here. both sides of the aisle who I absolutely as a positive. It is nothing different from the welfare have the most tremendous admiration Mr. WATT of North Carolina. Mr. bashing that we saw in the last Con- for. I basically feel I have friends argu- Chairman, will the gentleman yield? gress. My colleague, the gentleman ing with friends. Mr. SHAYS. I yield to the gentleman from Massachusetts [Mr. FRANK] said it But this is a very important debate. from North Carolina. really well. They are playing upon a It is a debate about an attitude and an Mr. WATT of North Carolina. Mr. perception here. They are bashing poor approach. I think that we could prob- Chairman, one of the concerns I ex- people just as they bashed immigrants. ably misread some of the motivation pressed, and the gentleman should Make no mistake, if the immigrants on that side of the aisle, and I think know this, I understand that what the had been Irish overstays, there would they could probably misread some of gentleman is suggesting is that they not have been half the impetus to pass the motivation on this side. In my should take the children to work with that bill and go after immigrants. It view, in the final analysis, it is not them when they are doing this volun- was the perception of Hispanic-Ameri- what you do for your children but what teer work. One of the serious concerns cans coming across the southwestern you have taught them to do for them- that we have raised is that there is no border of this country, the anecdotal selves that will make them successful liability protection if somebody gets mythology about legal immigrants and human beings. hurt, and that is going to double that illegal immigrants. They did not even I am sincerely not troubled by seeing concern, because not only can the par- want to make the distinction between a 4- or 5-year-old by his or her mother. ent then get hurt and not have cov- legal immigrants and illegal immi- I think of my dad taking me outside erage, but the child can also get hurt. grants. and working at 2 or 3 or 4, just seeing Mr. SHAYS. Reclaiming my time, What I am saying, Mr. Chairman, is my parents active and doing some- with all due respect, Mr. Chairman, I they are going to pass a policy here thing. I do not view this in the sense think we can find 100 reasons why they that says make the poor pay, because that this is a type of servitude. I view may not want this. I think it is an ap- we know what the poor are. We are proach and an attitude. I view this as this as opportunity. talking minorities here. Make the poor If this legislation were to say or this opportunity. pay. OK? I congratulate the gentleman from amendment were to say 3 and under, I What they should be doing, if they New York [Mr. RICK LAZIO] for what he would be more sympathetic. If it was really thought that people, the Federal disabled, I would be more sympathetic. is trying to do. I understand the con- Government, ought to be getting a lit- But it is just, to me, a gutting amend- cern. If there was an effort to amend tle bit of return on its investment, ment. I do not understand why a 6- this, I would be speaking for an amend- which is what they are trying to cloak year-old or a 5-year-old cannot work by ment that said apply to 3 and under this argument as, then why not apply their parent. For me, I just feel that and disabilities, but it is just too it to every other Federal contract and there is some kind of a disconnect that broad. In my judgment it is a gutting Federal program that is out there? is taking place here. amendment. Democrats have pushed national Mr. KENNEDY of Massachusetts. Mr. They and I know why they are not service, legislation I strongly support; Chairman, will the gentleman yield? doing it to defense contractors. They AmeriCorps, which I strongly support. Mr. SHAYS. I yield to the gentleman and I know why they are not doing it Our side says we do not want the man- from Massachusetts. to farmers. They and I know, because date and we do not want this kind of Mr. KENNEDY of Massachusetts. I that is not the same. Excuse me, it is not the same? They enforced opportunity to volunteer. Now would just like to follow up on the are receiving taxpayers’ money. Why I see the role reversed. It is almost like point that my friend, the gentleman are they not volunteering? Because they are on the other side arguing from Illinois [Mr. JACKSON], made. they know and I know what we are against this concept of AmeriCorps and The issue pertaining to the develop- talking about. They are talking about our side is arguing for it. For me, this ment of youngsters does not have to do a perception out there of the poor is a logical step. with the fact that they are in some Mr. Chairman, I had a young woman kind of an eligible home or some kind being minorities, and they are think- call me when I was a State legislator of day care center. It has to do with ing, they ought to go out and work, be- and say she wanted to live in Stamford. whether or not they are in the loving cause my taxpayers back home are sick She had a young child at age 16. She arms of a parent or a grandparent. and tired of this welfare state. was adamant that she be allowed to That is what all these recent studies It was the same mistake they made live in public housing in Stamford. I show. with the immigrant, the legal immi- said, we do not have any. But she said, What we are trying to suggest—— grants, because they did not want to it is my right. I said, you have a young Mr. SHAYS. Reclaiming my time, make the distinction between legal im- child. You are going to receive welfare. Mr. Chairman, to me it is not just migrants and illegal aliens, because You are also going to be provided a being in the loving arms, it is seeing a they figure they are all immigrants, place in Bridgeport. Maybe it is not parent who is setting an example. OK? And we do not want to make the Stamford. Sometimes it is in the loving arms, distinction because it would hurt our Mr. JACKSON of Illinois. Mr. Chair- sometimes it is working side by side. political cause to be true to what the man, will the gentleman yield? Mr. JACKSON of Illinois. If the gen- reality is, because we are playing poli- Mr. SHAYS. I yield to the gentleman tleman will continue to yield, he said tics here. That is what we are doing. from Illinois. to him; that is the operative word, to We are playing politics, which is a Mr. JACKSON of Illinois. Mr. Chair- the gentleman from Connecticut [Mr. dangerous thing. It is playing politics man, I thank the gentleman for yield- CHRIS SHAYS], to you. But the reality is with prejudice and playing politics in ing. that the scientific evidence says from the kind of divide-and-conquer way Mr. Chairman, all of the information zero to 6 they should stay close to their that these people have been so good at that we have from Time this week, the parent. playing politics in the last Congress, cover of Newsweek, all of the indica- Mr. SHAYS. Reclaiming my time, and they are continuing to play that tions are that children between zero the gentleman misses the point. I do same brand of politics in this Congress. and 6, that is when their personalities think between 1 and 6 is a very impor- I want to say that I want to support are formed, it is who they will be. tant time in a child’s life. I think part the amendment offered by the gen- Are we saying that single parents can of that is seeing a parent contributing tleman from Illinois [Mr. JACKSON]. I no longer—— to society and to their community. I think he is absolutely correct in what Mr. SHAYS. Mr. Chairman, reclaim- want a young child to see a parent con- he is fighting for here. If we are really ing my time, I would love for a 4- and tributing to society. caring about having everyone sort of May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2145 volunteer if they are going to be given really attacking the poor. Even in this taking money from poor people and some Federal program, then we ought bill, which is supposed to be a radical giving it to another group of poor peo- to have it apply to a lot more programs change in direction on public housing, ple and in the transition, the wealthy than the ones that they are trying to I find that in the budget we are appro- get more money. So we do not have a target here. That is poor people in Fed- priating $5 billion more, so that is very good system here. eral housing. hardly an attack, in an effort to help Mr. WATT of North Carolina. Mr. I think it is just a clear case of the poor. Chairman, will the gentleman yield? scapegoating, as my friend, the gen- But I do think the poor are suffering. Mr. PAUL. I yield to the gentleman tleman from Vermont [Mr. SANDERS] I think there are a lot of people in this from North Carolina. said earlier. country who are suffering. I think the Mr. WATT of North Carolina. Mr. Mr. VENTO. Mr. Chairman, will the recipients of public housing are suffer- Chairman, I hope the gentleman was gentleman yield? ing. I think those who are paying for it here when we debated the mandate, the Mr. KENNEDY of Rhode Island. I are suffering. unfunded mandate amendment, and un- yield to the gentleman from Min- There is a problem much more per- derstands that to implement the plan nesota. ceived in the hinterlands of America that is in the bill, it is going to cost $65 Mr. VENTO. Mr. Chairman, I want to than we seem to realize. The poor in million a year. The gentleman is aware rise in support of the Jackson amend- this country are suffering, but this is a of that. Mr. PAUL. Mr. Chairman, I think so. ment and against the amendment being result of the type of policy that we This is the reason I have great concern offered to the Jackson amendment. I have here in the Congress, the policy of about most of the details of this bill think the gentleman raises some im- spending too much, the policy of inflat- and also the reason I will be voting portant points. ing, the policy of destroying the cur- against the bill. I think the gentlemen I think we passed welfare reform. The rency. When a Nation destroys its cur- make many good points. question is, how many more layers of rency, it transfers wealth from the bureaucracy do we need? How many Mr. JACKSON of Illinois. Mr. Chair- poor and the middle class to the man, if the gentleman will continue to more do we need? Do we need one for wealthy. food stamps? Do we need a layer of bu- yield, I thank the gentleman for sup- Even in this very bill where we are porting our efforts. reaucracy for public housing? Why do appropriating more money, it is to the Mr. CUMMINGS. Mr. Chairman, I we want to turn our public housing benefit of many wealthy people: the move to strike the requisite number of agencies into employment? Is that people who build the houses, the people words. going to be their role with this type of who receive the rents. So there is a Mr. Chairman, first of all, I want to block grant, these new types of man- transfer. There is a transfer of wealth, again commend the gentleman from Il- dates? but the achievement on public housing linois [Mr. JACKSON] for his efforts. I I think it is really a mistake to go policy has never been successful. This particularly want to commend him for down the path that is being proposed is what we are facing today. his concern about the children of the here by the majority in this public But we are also facing the fact that poor. housing. But for this fact and some the consequence of a 30- to 50-year wel- One of the things I think we must others, I think there have been some fare state is coming to an end. keep in mind is children’s personal- changes in this bill for the good. But I b 1630 ities. I am the father of a 3-year-old, think this fact, in terms of this suffi- and I know for a fact that from zero to ciency contract, is superimposing This is why the great debate is on. 6 is a very critical time for a child. If something from Washington on thou- We have this every 30 years. We were we think about children’s development, sands of local public housing authori- much wealthier in 1965 and subse- they develop their personalities; they ties, where we have already programs quently spent $5 trillion on a welfare become who they are. And our children that deal with JTPA, that deal with state. Now we are facing a bankruptcy. have basically one life to live. And welfare reform. We already have those The concern for the poor is justified. there are no dress rehearsals and this programs in place now. The poor are suffering. The poor are is it. And that is why it is so critical There was great debate about that in suffering because they pay the bills. I that parents be with children. the last Congress. We are obviously would like to see the challenge of the Somebody asked a question just a trying to clean up some of the prob- welfare for corporate welfare in this moment ago, why is it not zero to 3? lems with that that dealt with the un- very bill itself. There are wealthy Well, the fact still remains that zero to fair aspects of it, that dealt with legal beneficiaries from this. 3 is a critical period, but most children immigrants. I hope we can do that. Mr. JACKSON of Illinois. Mr. Chair- go to school at 5 to 6. The question be- The fact is, why do we not build in man, will the gentleman yield? comes, who takes care of those chil- what we have in place in terms of the Mr. PAUL. I yield to the gentleman dren before they go to school? I think child care, the skills, the education, from Illinois. that is extremely important. the counseling and the other services Mr. JACKSON of Illinois. Mr. Chair- Another thing that we have to keep that are necessary? We know that man, my amendment specifically calls in mind is that taking care of children those elements are necessary in terms for the exemption of a mother who has is a very, very significant job. It takes of health care, in order to move people a single child to keep her from being time. Children need their parents. So into the world of work, to let people do evicted for failure to do 8 hours a the fact is that the Jackson amend- what they can for themselves. month of community service work. If ment is very, very critical. But to try and superimpose this on a the gentleman would speak to that par- If we want to talk about ending the housing agency, with separate records, ticular part, we may reach some agree- cycle of poverty, one of the greatest proprietary and personal information ment on this. ways to end that cycle is to make sure that has to be dealt with, the record- Mr. PAUL. Mr. Chairman, I think that children are taken care of so that keeping. Basically it comes down as a that is a minor point and something we they then form the personalities so very, very significant problem, a lot of should be concerned about. But I am that they then grow up so that they debate. I think it really stands as polit- also concerned about those individuals then become responsible citizens. And ical symbolism as opposed to a sub- who have been evicted from their what happens to those children be- stantive effort to deal with and to try homes because they have been taxed. tween zero and 6 will go with them for to provide for people, in the world of The system that we have today works the rest of their lives. work, an opportunity. on a regressive tax system. My distinguished colleague from Mr. PAUL. Mr. Chairman, I move to We talk about the Social Security North Carolina on the Democratic side strike the requisite number of words. tax that goes into the general reve- just talked about something that was Mr. Chairman, there has been a lot of nues. Those are on individuals that very critical. He talked about liability. talk here that there has been an attack have a greater tax burden than the Somebody asked a question, well, why on the poor. Quite frankly, I do not be- wealthy. And this is the reason this can we not take these children to work lieve that either side of the aisle is country is getting poorer. But you are with us and do this volunteer work? H2146 CONGRESSIONAL RECORD — HOUSE May 1, 1997 First of all, I want to define volun- The CHAIRMAN. Is there objection because they are poor, because they are teer. We keep saying volunteer. This is to the request of the gentleman from in public housing. Mr. Chairman, I not volunteering. We would not be hav- Illinois? think that that is wrong. I think that, ing this debate if it was volunteering. Mr. LAZIO of New York. Mr. Chair- if we are going to put this in place, the It is not. man, I object. least we can do is to deal with women What we are saying to people is that The CHAIRMAN. Objection is heard. that have children that, in fact, those if they do not do a certain thing, we Mr. VENTO. Mr. Chairman, I move to children need care. will put them in the street. And that is strike the requisite number of words, They cannot afford quality day care what is called punishment. If we are and I yield to the gentleman from Flor- and child care. In many communities it connecting what we call volunteering ida [Mr. WELDON]. simply is not available. We increased to punishment, it is not volunteering. Mr. WELDON of Florida. Mr. Chair- that amount in the welfare bill last Mr. SANDERS. Mr. Chairman, will man, I support the efforts of the gen- year. I think we are going to have to the gentleman yield? tleman from Illinois to bring this issue deal with that if we are serious about Mr. CUMMINGS. I yield to the gen- to a vote. welfare reform and seeing it work. To a tleman from Vermont. Let me just say that my intention in greater extent, I think it is the right Mr. SANDERS. Mr. Chairman, the offering this amendment was purely way to go in terms of work require- gentleman makes, I think, the key one that I felt there was some merits ments under one set of Federal require- point in this whole debate. If we want to what the gentleman was talking ments, working with the States, rather a volunteer program, let us develop a about. I wanted to give the housing au- than superimposing for every program volunteer program. But a volunteer thority the flexibility it needed to ac- we have a new type of work require- program says, we would like you to commodate situations that the gen- ment. volunteer. And we create the cir- tleman is describing. I think, if anything, it confuses, it cumstances. Mr. JACKSON of Illinois. Mr. Chair- undercuts, it works against a sound That is a good idea. If we want people man, will the gentleman yield? type of welfare reform. That is what to work, we have got to pay them. I Mr. VENTO. I yield to the gentleman these particular provisions, these so- called self-sufficiency provisions in would hope that my Republican from Illinois. friends, who have talked about the vir- Mr. JACKSON of Illinois. Mr. Chair- this bill cause; and I think they ought to be all taken out. But if we are going tue of work and how people’s self-en- man, I thank the gentleman from Min- to have them, at least we should deal hancement and self-esteem goes up nesota for yielding to me. with women that have children, single with work, would understand that I am of the opinion that there is no women, or single parents I might say, when most people work they expect a such thing as 20 percent of a person. paycheck. that have children that are living in There is no such thing as 20 percent of I look forward to an amendment from public housing that they can receive a child. my Republican friends that says, when the assistance. My amendment is a very common we get people to work, we are going to Mr. MCGOVERN. Mr. Chairman, I sense amendment. It simply says that pay them so their kids can see them move to strike the requisite number of single parents, grandparents, or earning a paycheck. words. Mr. CUMMINGS. Mr. Chairman, that spouses or otherwise exempt individ- Mr. Chairman, I yield to the gen- goes back to what I am saying. We uals who are the primary caretaker of tleman from Massachusetts [Mr. KEN- have to put all of this discussion in a child under the age of 6, 6 or under, NEDY]. some kind of context. We must define elderly persons or persons with disabil- Mr. KENNEDY of Massachusetts. Mr. what we are doing. I am getting tired ities should be exempt from 8 hours of Chairman, I thank the gentleman from of hearing us talk about volunteering monthly mandatory service. Massachusetts [Mr. MCGOVERN] for when we are not. Mr. Chairman, the gentleman from yielding. Mr. Chairman, I submit that if we are Florida [Mr. WELDON] is amending my Mr. Chairman, I would like to just going to stop the cycle of poverty, amendment by saying that only 20 per- get a clarification of where we are on what we must first do is invest in our cent of those who meet my qualifica- these votes so that the Democratic and Republican Members both understand children, lift our children up. There is tions are entitled to be exempt, and I exactly what we anticipate coming and no greater thing that a parent can do think that is clearly wrong. we can give our best judgment on our than to be beside a child to help form I yield back to the gentleman from side of the aisle what we think the that personality to pass on wonderful Minnesota [Mr. VENTO]. proper votes might be. ideas, wonderful feelings and give them Mr. VENTO. Mr. Chairman, I would just point out that this is the type of So if the gentleman from New York a sense of self-worth. [Mr. LAZIO], the chairman of the Sub- Mr. JACKSON of Illinois. Mr. Chair- detail we get into when we begin to re- quire public housing agencies to, in committee on Housing and Community man, will the gentleman yield? Opportunity, will let me know what he Mr. CUMMINGS. I yield to the gen- fact, mandate or permit them to man- anticipates being the votes and in what tleman from Illinois. date certain requirements with regard to work requirements for receiving order they will come. Mr. JACKSON of Illinois. Mr. Chair- Mr. LAZIO of New York. Mr. Chair- housing. man, I want to try and work this out. man, if the gentleman would yield, I My point is that I think I understand I would like to call for a vote very soon anticipate that we will have three that the gentleman from Florida [Mr. on the Weldon amendment, but I want votes and that they will be in the fol- WELDON] is trying to do something in to make it clear that if the Weldon lowing order: the Jackson amendment, the positive sense to try and provide amendment passes, that I want Mem- which we have debated; the Weldon bers to vote against my amendment, some relief. I think the Jackson amendment would be the second vote; because 20 percent does not cover the amendment really addresses what the and the Jackson amendment which we number of housing residents who will issue is. If, in fact, this is a good-faith are currently debating would be the be single mothers with children who effort in terms of work, we would obvi- third vote that we would have. will be affected by the Weldon amend- ously incorporate that. Mr. KENNEDY of Massachusetts. So ment to my amendment, which is very Personally, I have real problems with the previously debated Jackson amend- basic, very family-value oriented, and housing authorities having this respon- ment would be the first vote; is that it is very clear and very well worded. sibility. I do not think it is their role correct? The CHAIRMAN. The time of the for 3,400 housing authorities to have Mr. LAZIO of New York. Mr. Chair- gentleman from Maryland [Mr. this particular responsibility, espe- man, if the gentleman would yield, the CUMMINGS] has expired. cially when we have counties, we have Jackson amendment, as printed in the Mr. JACKSON of Illinois. Mr. Chair- welfare programs within the States, RECORD as No. 8, would be the first man, I ask unanimous consent that the they are fully developed, it is, in fact, amendment, if that helps out. gentleman from Maryland [Mr. quite a task for them on their own. Mr. KENNEDY of Massachusetts. Mr. CUMMINGS] be allowed to proceed for 1 This comes across as being punitive. Chairman, if the gentleman will sus- additional minute. This comes across as punishing people pend for just one moment. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2147 Amendment No. 8 does what? b 1645 Cummings Kennedy (RI) Pastor Davis (FL) Kennelly Payne Mr. LAZIO of New York. Mr. Chair- Mr. WATT of North Carolina. Fur- DeGette Kildee Pelosi man, if the gentleman would yield, this ther parliamentary inquiry, Mr. Chair- Delahunt Kilpatrick Poshard is the amendment that totally strikes man. DeLauro Kind (WI) Price (NC) the provision. Dellums Kleczka Rahall If we call for a vote on the Weldon Diaz-Balart Kucinich Rangel Mr. KENNEDY of Massachusetts. So amendment to the Jackson amend- Dixon Lampson Reyes this is the amendment that we pre- ment, and that vote is taken, we would Doggett Lantos Rivers viously postponed a vote on; it has Engel LaTourette Rodriguez still have ongoing debate on the under- Eshoo Levin Roemer nothing to do with the debate that is lying Jackson amendment if there were Etheridge Lewis (GA) Ros-Lehtinen currently taking place, correct? people who wished to be heard? Evans Lipinski Rothman Mr. LAZIO of New York. Yes, the The CHAIRMAN. That is possible. Farr Lofgren Roybal-Allard gentleman is correct. Fattah Lowey Rush The time of the gentleman from Mas- Fazio Maloney (NY) Sabo Mr. KENNEDY of Massachusetts. OK. sachusetts [Mr. MCGOVERN] has ex- Filner Markey Sanders So the first vote on the first Jackson pired. Flake Martinez Sandlin amendment has nothing to do with the Foglietta Mascara Sawyer The question is on the amendment Forbes Matsui Schumer vote on the provision surrounding offered by the gentleman from Florida Ford McCarthy (MO) Scott whether or not parents have to work [Mr. WELDON] to the amendment of- Frank (MA) McCarthy (NY) Serrano who are taking care of their children; Frost McDermott Skaggs fered by the gentleman from Illinois Furse McGovern Skelton that would be the third vote? [Mr. JACKSON]. Gejdenson McIntyre Slaughter Mr. LAZIO of New York. Mr. Chair- The question was taken; and the Gephardt McKinney Snyder man, if the gentleman would yield, Chairman announced that the ayes ap- Gonzalez McNulty Stark that is correct. That is my understand- Green Meehan Stokes peared to have it. Gutierrez Meek Thompson ing. Mr. JACKSON of Illinois. Mr. Chair- Hall (OH) Menendez Thurman Mr. KENNEDY of Massachusetts. man, I demand a recorded vote. Hamilton Millender- Tierney And the second vote will be on the Hastings (FL) McDonald Torres The CHAIRMAN. Pursuant to House Hefner Miller (CA) Towns Weldon amendment? Resolution 133, further proceedings on Hilliard Minge Velazquez Mr. LAZIO of New York. That is cor- the amendment offered by the gen- Hinchey Mink Vento Hinojosa Moakley Visclosky rect. tleman from Florida [Mr. WELDON] will Mr. KENNEDY of Massachusetts. Hooley Mollohan Waters be postponed. Hoyer Morella Watt (NC) And the third vote will be on the Jack- SEQUENTIAL VOTES POSTPONED IN COMMITTEE Jackson (IL) Nadler Waxman son amendment as potentially amend- OF THE WHOLE Jackson-Lee Neal Wexler ed by the Weldon amendment. (TX) Obey Weygand The CHAIRMAN. Pursuant to House Jefferson Olver Wise Mr. LAZIO of New York. That is cor- Resolution 133, proceedings will now Johnson (WI) Owens Woolsey rect. resume on those amendments on which Johnson, E. B. Pallone Wynn Kennedy (MA) Pascrell Yates Mr. KENNEDY of Massachusetts. Mr. further proceedings were postponed, in Chairman, I want to make it very clear the following order: Amendment No. 8 NOES—251 that the Democratic side is strongly in offered by the gentleman from Illinois Aderholt Davis (VA) Horn favor of the first Jackson amendment, [Mr. JACKSON]; an amendment offered Archer Deal Hostettler strongly opposed to the second Weldon Armey Deutsch Houghton by the gentleman from Florida [Mr. Bachus Dickey Hulshof amendment, and strongly opposed to WELDON] to amendment No. 9 offered Baesler Dingell Hunter the Jackson amendment if, in fact, the by the gentleman from Illinois [Mr. Ballenger Dooley Hutchinson Barcia Doolittle Inglis Weldon amendment passes. JACKSON]; and a possible recorded vote Mr. WATT of North Carolina. Mr. Barr Doyle Istook on amendment No. 9 offered by the gen- Barrett (NE) Dreier Jenkins Chairman, will the gentleman yield for tleman from Illinois [Mr. JACKSON]. Bartlett Duncan John a parliamentary inquiry? The Chair will reduce to 5 minutes Bass Dunn Johnson (CT) Mr. MCGOVERN. I yield to the gen- Bateman Edwards Johnson, Sam the time for any electronic vote after Bereuter Ehlers Jones tleman from North Carolina. the first vote in this series. Bilbray Ehrlich Kanjorski Bilirakis Emerson Kaptur PARLIAMENTARY INQUIRY AMENDMENT NO. 8 OFFERED BY MR. JACKSON OF Mr. WATT of North Carolina. Mr. Blagojevich English Kasich ILLINOIS Bliley Ensign Kelly Chairman, I have a parliamentary in- The CHAIRMAN. The pending busi- Blunt Everett Kim quiry. ness is the demand for a recorded vote Boehlert Ewing King (NY) The CHAIRMAN. The gentleman Boehner Fawell Kingston on amendment No. 8 offered by the gen- Bono Foley Klink from North Carolina will state his in- tleman from Illinois [Mr. JACKSON] on Boswell Fowler Knollenberg quiry. which further proceedings were post- Boyd Fox Kolbe Mr. WATT of North Carolina. Mr. poned and on which the noes prevailed Brady Franks (NJ) LaHood Chairman, it is my understanding that Bryant Frelinghuysen Latham by voice vote. Bunning Gallegly Lazio we have been debating the Weldon The Clerk will redesignate the Burr Ganske Leach amendment to the Jackson amend- amendment. Burton Gekas Lewis (CA) ment. Callahan Gibbons Lewis (KY) The Clerk redesignated the amend- Calvert Gilchrest Linder The CHAIRMAN. The gentleman ment. Camp Gillmor Livingston from North Carolina is correct. RECORDED VOTE Canady Gilman LoBiondo Cannon Goode Lucas Mr. WATT of North Carolina. And The CHAIRMAN. A recorded vote has that there are Members who still desire Castle Goodlatte Luther been demanded. Chabot Goodling Maloney (CT) to debate the underlying Jackson A recorded vote was ordered. Chambliss Gordon Manzullo Chenoweth Goss McCollum amendment. When we vote on the The vote was taken by electronic de- Weldon amendment, if we do that Christensen Graham McCrery vice, and there were—ayes 160, noes 251, Clement Granger McDade today, will that foreclose the possibil- not voting 22, as follows: Coble Gutknecht McHale ity of continuing debate on the Jack- Collins Hall (TX) McHugh son underlying amendment? [Roll No. 100] Combest Hansen McInnis AYES—160 Condit Harman McIntosh The CHAIRMAN. The gentleman is Cook Hastert McKeon Abercrombie Bishop Capps correct, there will be continued debate Cooksey Hastings (WA) Metcalf Ackerman Blumenauer Cardin Cox Hayworth Mica on the Jackson amendment if any Allen Bonior Carson Cramer Hefley Miller (FL) Member seeks recognition on that Baldacci Borski Clay Crane Hill Molinari Barrett (WI) Boucher Clayton amendment, unless there is a time Crapo Hilleary Moran (KS) Becerra Brown (CA) Clyburn agreement reached limiting debate be- Cubin Hobson Moran (VA) Bentsen Brown (FL) Conyers Cunningham Hoekstra Murtha tween those supporting and opposing Berman Brown (OH) Costello Danner Holden Myrick the amendment. Berry Campbell Coyne H2148 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Nethercutt Rohrabacher Stabenow The CHAIRMAN. This will be a 5- (TX) Meek Sabo Neumann Roukema Stearns Jefferson Menendez Sanchez Ney Royce Stenholm minute vote. Jenkins Metcalf Sanders Northup Ryun Strickland The vote was taken by electronic de- John Millender- Sandlin Norwood Salmon Stump vice, and there were—ayes 153, noes 252, Johnson (WI) McDonald Sawyer Nussle Sanchez Sununu Johnson, E. B. Miller (CA) Scarborough Oxley Sanford Talent not voting 28, as follows: Kanjorski Minge Schumer Packard Saxton Tanner [Roll No. 101] Kaptur Mink Scott Pappas Scarborough Tauscher Kennedy (MA) Moakley Serrano Parker Schaefer, Dan Tauzin AYES—153 Kennedy (RI) Mollohan Skaggs Paul Schaffer, Bob Taylor (MS) Aderholt Goss Porter Kennelly Moran (KS) Skeen Paxon Sensenbrenner Taylor (NC) Archer Granger Portman Kildee Moran (VA) Skelton Pease Sessions Thomas Armey Green Pryce (OH) Kilpatrick Morella Slaughter Peterson (MN) Shadegg Thornberry Barr Gutknecht Quinn Kind (WI) Murtha Smith (MI) Peterson (PA) Shaw Thune Barrett (NE) Hall (TX) Ramstad King (NY) Myrick Snyder Petri Shays Tiahrt Bateman Hansen Riggs Kleczka Nadler Solomon Pickering Sherman Traficant Bilbray Hastert Rogan Klink Neal Spratt Pickett Shimkus Turner Bilirakis Hastings (WA) Rogers Knollenberg Neumann Stabenow Pitts Shuster Upton Blunt Hayworth Ros-Lehtinen Kucinich Northup Stark Pombo Sisisky Wamp Bono Hill Royce LaHood Nussle Stokes Pomeroy Skeen Watkins Boucher Hilleary Ryun Lampson Obey Strickland Porter Smith (MI) Watts (OK) Brady Hoekstra Salmon Lantos Olver Talent Portman Smith (NJ) Weldon (FL) Bryant Horn Sanford LaTourette Owens Tanner Pryce (OH) Smith (OR) Weldon (PA) Burr Hostettler Saxton Levin Pallone Tauscher Quinn Smith (TX) Weller Burton Houghton Schaefer, Dan Lewis (CA) Pappas Taylor (NC) Radanovich Smith, Adam White Callahan Hulshof Schaffer, Bob Lewis (GA) Pascrell Thompson Ramstad Smith, Linda Whitfield Calvert Hutchinson Sessions Linder Pastor Thune Regula Snowbarger Wicker Camp Johnson (CT) Shadegg Lipinski Payne Tiahrt Riggs Solomon Wolf Canady Jones Shaw Livingston Pelosi Tierney Riley Souder Young (AK) Cannon Kelly Shays LoBiondo Peterson (MN) Torres Rogan Spence Young (FL) Chambliss Kim Sherman Lofgren Pickett Traficant Rogers Spratt Christensen Kingston Shimkus Lowey Pombo Turner Luther Pomeroy Velazquez NOT VOTING—22 Coble Kolbe Shuster Collins Latham Sisisky Maloney (CT) Poshard Vento Andrews DeLay Manton Combest Lazio Smith (NJ) Maloney (NY) Price (NC) Visclosky Baker Dicks Oberstar Cooksey Leach Smith (OR) Manzullo Radanovich Waters Barton Greenwood Ortiz Cramer Lewis (KY) Smith (TX) Markey Rahall Watt (NC) Bonilla Herger Schiff Crane Lucas Smith, Adam Martinez Rangel Watts (OK) Buyer Hyde Stupak Cubin McCollum Smith, Linda Mascara Regula Waxman Coburn Klug Walsh Cunningham McCrery Snowbarger Matsui Reyes Wexler Davis (IL) LaFalce Deal McHale Souder McCarthy (MO) Riley Weygand DeFazio Largent Diaz-Balart McHugh Spence McCarthy (NY) Rivers White McDade Rodriguez Wise b 1707 Dickey McInnis Stearns Doggett McIntosh Stenholm McDermott Roemer Wolf The Clerk announced the following Dreier McKeon Stump McGovern Rohrabacher Woolsey McIntyre Rothman Wynn pair: Duncan Mica Sununu Edwards Miller (FL) Tauzin McKinney Roukema Yates On this vote: Ehlers Molinari Taylor (MS) McNulty Roybal-Allard Young (FL) Mr. Manton for, with Mr. Ortiz against. Emerson Nethercutt Thomas Meehan Rush Everett Ney Thornberry NOT VOTING—28 Messrs. DAVIS of Virginia, Ewing Norwood Thurman FRELINGHUYSEN, HUNTER, Fawell Oxley Towns Andrews DeLay Largent SAXTON, JOHN, ADAM SMITH of Foley Packard Upton Baker Dicks Manton Washington, BARTLETT of Maryland, Fowler Parker Wamp Barton Gallegly Oberstar Frelinghuysen Paul Watkins Bonilla Greenwood Ortiz FOLEY, and Mrs. TAUSCHER changed Gibbons Paxon Weldon (FL) Brown (OH) Herger Schiff their vote from ‘‘aye’’ to ‘‘no.’’ Gilchrest Pease Weldon (PA) Buyer Hyde Sensenbrenner Mr. MINGE changed his vote from Gillmor Peterson (PA) Weller Coburn Johnson, Sam Stupak ‘‘no’’ to ‘‘aye.’’ Gilman Petri Whitfield Danner Kasich Walsh Goode Pickering Wicker Davis (IL) Klug So the amendment was rejected. Goodlatte Pitts Young (AK) DeFazio LaFalce The result of the vote was announced as above recorded. NOES—252 b 1718 ANNOUNCEMENT BY THE CHAIRMAN Abercrombie Clay Flake Ackerman Clayton Foglietta The Clerk announced the following The CHAIRMAN. Pursuant to the Allen Clement Forbes rule, the Chair announces that he will Bachus Clyburn Ford pair: reduce to a minimum of 5 minutes the Baesler Condit Fox On this vote: period of time within which a vote by Baldacci Conyers Frank (MA) Ballenger Cook Franks (NJ) Mr. Greenwood for, with Mr. Manton electronic device will be taken on each Barcia Costello Frost against. amendment on which the Chair has Barrett (WI) Cox Furse Ms. DUNN changed her vote from postponed further proceedings. Bartlett Coyne Ganske Bass Crapo Gejdenson ‘‘aye’’ to ‘‘no.’’ AMENDMENT OFFERED BY MR. WELDON OF FLOR- Becerra Cummings Gekas Messrs. WELLER, BRADY, and IDA TO AMENDMENT NO. 9 OFFERED BY MR. Bentsen Davis (FL) Gephardt CRAMER changed their vote from JACKSON OF ILLINOIS Bereuter Davis (VA) Gonzalez ‘‘no’’ to ‘‘aye.’’ The CHAIRMAN. The pending busi- Berman DeGette Goodling Berry Delahunt Gordon So the amendment was rejected. ness is the demand for a recorded vote Bishop DeLauro Graham on the amendment offered by the gen- Blagojevich Dellums Gutierrez The result of the vote was announced tleman from Florida [Mr. WELDON] to Bliley Deutsch Hall (OH) as above recorded. amendment No. 9 offered by the gen- Blumenauer Dingell Hamilton Mr. LAZIO of New York. Mr. Chair- Boehlert Dixon Harman tleman from Illinois [Mr. JACKSON] on Boehner Dooley Hastings (FL) man, I ask unanimous consent that de- which further proceedings were post- Bonior Doolittle Hefley bate be limited prior to the vote to 3 poned and on which the ayes prevailed Borski Doyle Hefner minutes on each side. This has been Boswell Dunn Hilliard fully debated, and I think each side by voice vote. Boyd Ehrlich Hinchey The Clerk will designate the amend- Brown (CA) Engel Hinojosa wants to clarify their positions and ment. Brown (FL) English Hobson make a summation, and then this will The Clerk designated the amend- Bunning Ensign Holden be the last expected recorded vote, as I Campbell Eshoo Hooley ment. Capps Etheridge Hoyer understand it, of the day. RECORDED VOTE Cardin Evans Hunter The CHAIRMAN. Is there objection The CHAIRMAN. A recorded vote has Carson Farr Inglis to the request of the gentleman from Castle Fattah Istook been demanded. Chabot Fazio Jackson (IL) New York? A recorded vote was ordered. Chenoweth Filner Jackson-Lee There was no objection. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2149 PARLIAMENTARY INQUIRY Mr. Chairman, this amendment and can work and can contribute to Mr. KENNEDY of Massachusetts. Mr. speaks to the very essence of whether their own backyard, do something, do Chairman, I have a parliamentary in- we believe that people should contrib- anything, but do something to help in- quiry. ute community service in return for a spire others and to help improve the The CHAIRMAN. The gentleman will benefit. There are people in America quality of life for their own commu- state his inquiry. that want to get into public housing nity, and for that reason I ask for a Mr. KENNEDY of Massachusetts. Mr. but do not have the capacity to get in ‘‘no’’ vote on this amendment. Chairman, could you explain to us the public housing. Three out of four Mr. HASTINGS of Florida. Mr. Speaker, I rules? Who has the right to close this Americans who are eligible for public rise in strong support of the Jackson amend- debate? housing are still out there working not ment. Mr. Chairman, when I was growing up The CHAIRMAN. The gentleman 8 hours a month or 8 hours a week, but my grandmother insisted that I learn one new from New York [Mr. LAZIO] as the 30 or 40 or 50 hours a week in order to word every day. Interestingly, I learned that chairman of the subcommittee has the pay for their rent. In many cases they the word volunteer means ``one who enters right to close. are not just paying for the rent in pub- into or offers himself for a service of his own The gentleman from Illinois [Mr. lic housing, we are paying for the utili- free will.'' His own free will, Mr. Chairman. JACKSON] will control 3 minutes, and ties as well. This bill mandates volunteerism. Only Repub- the gentleman from New York [Mr. This 8-hour-a-month community licans could think of something like this. LAZIO] will control 3 minutes. service requirement comes to 2 hours a Congressman JACKSON's amendment simply The Chair recognizes the gentleman week, 15 minutes a day. Fifteen min- prevents residents from being evicted for fail- from Illinois [Mr. JACKSON]. utes a day. And we are asking people ure to comply with the community work re- Mr. JACKSON of Illinois. Mr. Chair- not to give to Big Brother, we are ask- quirement. As the gentleman from Chicago man, I yield myself such time as I may ing people to give to themselves, to has already so eloquently expressed, man- consume. contribute to their own housing, to dated volunteerism just does not make sense. Mr. Chairman, I want to reiterate sweep their own hallway, to remove Additionally, it very well could be unconstitu- once again how important this particu- graffiti in their own building, to make tional according to the 13th Amendment to the lar amendment is. This is the family sure that grass is cut or to help with Constitution. values amendment that will simply ex- the community watch program or to Mr. Chairman, we place no termination empt single parents, grandparents, help to read to the blind or to work dates or work requirements on middle and spouses of otherwise already exempt with a not-for-profit. upper class recipients of homeowner deduc- individuals under the bill who are the There is broad flexibility as to how tions. Why do we impose such restrictions on primary caretakers of one or more they can do this, and if they happen to those most severely affected by our Nation's children who are under the age of 6, el- have somebody that they are caring for affordable housing crisisÐespecially when derly persons, or persons with disabil- in their house, they have the flexibility they are already required by welfare agencies ities. to do work and to contribute and fulfill to work toward self-sufficiency? Frankly, this is I do not know what is so difficult this requirement by staying in their absurd. about this particular amendment and own unit or working in their own hall- We don't require community work from other why it has been such a tremendous way. This is a flexible, commonsense recipients of federal assistanceÐagricultural source of concern for my colleagues on approach. This defines the difference subsidies, LIHEAP, corporate welfare, loan the other side of the aisle. This amend- between those people who want to guarantees, and the list goes on. Chairman ment is one that when we are no longer change the culture of disaster and de- LAZIO points to medical school scholarships in public service we indeed will be able spair in some public housing complexes which require work in low-income areas. The to provide the kind of opportunities, if around this country and those who are major difference, however, is that these doc- in fact we have children under the age willing to allow the status quo to con- tors are paid for their work. They are not of 6, that we can spend time with them. tinue. forced to work for free. Mr. Chairman, in a housing project in We believe in this because we think I ask my colleagues to support Congress- the city of Chicago, because the par- that people will find tenants who con- man JACKSON's amendment and return volun- ents were not home, a 9-year-old child tribute to this system will find that teer community service to its proper meaning. was thrown to his death from the 14th they can do things that they did not The CHAIRMAN. All time on this story of a building by a 13- and a 14- imagine they can possibly do. We are amendment has expired. year-old. It was clear that the parents tapping into the huge human resources The question is on the amendment were delinquent because they were not that we have in this country to be able offered by the gentleman from Illinois present on that particular occasion. to begin to transform low-income areas [Mr. JACKSON]. My amendment exempts those pri- because that change is not going to The question was taken; and the mary caretakers for children under the happen in Washington. That change, Chairman announced that the noes ap- age of 6, those who have senior citizens the real war to beat poverty, is going peared to have it. who are senior citizens, and those who to happen in the communities, and it is RECORDED VOTE have disabilities from this particular going to be begun by people who live Mr. JACKSON of Illinois. Mr. Chair- community work requirement. We have there. an opportunity, Mr. Chairman, to And, yes, we are asking them to give man, I demand a recorded vote. make this particular provision a more back for this benefit. Yes, we believe in A recorded vote was ordered. humane bill. reciprocity. Yes, we believe in respon- The CHAIRMAN. This is a 15-minute And let me just take a moment, if I sibility. And, yes, we believe that chil- vote. can, Mr. Chairman, of personal privi- dren should watch it as well. The vote was taken by electronic de- lege. This is the first time since I have Now my friend, the gentleman from vice, and there were—ayes 181, noes 216, been a Member of this Congress that I Florida [Mr. WELDON] had proposed an not voting 36, as follows: have had the opportunity to engage in amendment that would provide a little [Roll No. 102] a dialogue on substantive issues across more flexibility which unfortunately AYES—181 the aisle with Members of this body. was opposed by this body and by some Abercrombie Boswell Coyne These are the first amendments that I on the other side. But let me say this Ackerman Boucher Cummings Allen Brown (CA) Davis (FL) have passed and attempted to pass in is a gutting amendment because in this Baldacci Brown (FL) DeGette this institution, and I would certainly bill we exempt seniors, we exempt the Barrett (WI) Brown (OH) Delahunt hope that my colleagues would support disabled, we exempt people of voca- Becerra Campbell DeLauro this amendment. tional training, we exempt people who Bentsen Capps Dellums Berman Cardin Deutsch Mr. Chairman, I yield back the bal- are being educated, we exempt people Berry Carson Diaz-Balart ance of my time. in college, we exempt people who are Bishop Clay Dingell Mr. LAZIO of New York. Mr. Chair- part-time workers, we exempt people Blagojevich Clayton Dixon Bonior Conyers Doggett man, I yield myself such time as I may who are full-time workers; we just sim- Borski Costello Dooley consume. ply ask that people who are able-bodied H2150 CONGRESSIONAL RECORD — HOUSE May 1, 1997 Edwards LaHood Price (NC) Petri Scarborough Strickland The SPEAKER pro tempore (Mr. Engel Lampson Quinn Pickering Schaefer, Dan Stump EASE Eshoo Lantos Rahall Pickett Schaffer, Bob Sununu P ). Is there objection to the re- Etheridge LaTourette Rangel Pitts Sessions Talent quest of the gentleman from Florida? Evans Levin Reyes Pombo Shadegg Tanner There was no objection. Rivers Porter Shaw Tauscher Farr Lewis (GA) f Fattah Lipinski Rodriguez Portman Shays Tauzin Fazio LoBiondo Roemer Pryce (OH) Sherman Taylor (MS) HOUR OF MEETING ON TUESDAY, Filner Lofgren Rothman Radanovich Shimkus Taylor (NC) Flake Lowey Roybal-Allard Ramstad Shuster Thomas MAY 6, 1997 Foglietta Luther Rush Regula Sisisky Thornberry Mr. WELDON of Florida. Mr. Speak- Forbes Maloney (CT) Sabo Riggs Skeen Thune Ford Maloney (NY) Sanders Riley Smith (MI) Tiahrt er, I ask unanimous consent that when Frank (MA) Markey Sandlin Rogan Smith (OR) Traficant the House adjourns on Monday, May 5, Franks (NJ) Martinez Sawyer Rogers Smith (TX) Upton 1997, it adjourn to meet at 12:30 p.m. on Frost Mascara Schumer Rohrabacher Smith, Adam Watkins Furse Matsui Scott Roukema Smith, Linda Weldon (FL) Tuesday, May 6, 1997, for morning hour Gejdenson McCarthy (MO) Serrano Royce Snowbarger Weldon (PA) debates. Gephardt McCarthy (NY) Skaggs Ryun Solomon Weller The SPEAKER pro tempore. Is there Gonzalez McDermott Skelton Salmon Souder White objection to the request of the gen- Green McGovern Slaughter Sanchez Spence Wicker Gutierrez McHugh Smith (NJ) Sanford Stearns Young (AK) tleman from Florida? Hall (OH) McIntyre Snyder Saxton Stenholm Young (FL) There was no objection. Spratt Hamilton McKinney f Harman McNulty Stabenow NOT VOTING—36 Hastings (FL) Meehan Stark Andrews Danner Largent DISPENSING WITH CALENDAR Hefner Meek Stokes Baker Davis (IL) Manton Hilliard Menendez Thompson Barton DeFazio McInnis WEDNESDAY BUSINESS ON Hinchey Millender- Thurman Bateman DeLay Oberstar WEDNESDAY NEXT Hinojosa McDonald Tierney Blumenauer Dicks Ortiz Hooley Miller (CA) Torres Bonilla Gallegly Parker Mr. WELDON of Florida. Mr. Speak- Hoyer Minge Towns Bunning Greenwood Ros-Lehtinen er, I ask unanimous consent that the Jackson (IL) Mink Turner Buyer Herger Schiff business in order under the Calendar Jackson-Lee Moakley Velazquez Callahan Hyde Sensenbrenner (TX) Mollohan Vento Christensen Johnson, Sam Stupak Wednesday rule be dispensed with on Jefferson Moran (VA) Visclosky Clyburn Klug Walsh Wednesday next. Johnson (WI) Murtha Waters Coburn LaFalce Wamp The SPEAKER pro tempore. Is there Johnson, E. B. Nadler Watt (NC) objection to the request of the gen- Kanjorski Neal Watts (OK) b 1742 Kaptur Obey Waxman tleman from Florida? Kennedy (MA) Olver Wexler The Clerk announced the following There was no objection. Weygand Kennedy (RI) Owens pairs: f Kennelly Pallone Whitfield On this vote: Kildee Pastor Wise SPECIAL ORDERS Kilpatrick Payne Wolf Mr. Manton for, with Mr. Greenwood Kind (WI) Pelosi Woolsey against. The SPEAKER pro tempore. Under Kleczka Pomeroy Wynn Mr. Blumenauer for, with Mr. Ortiz the Speaker’s announced policy of Jan- Kucinich Poshard Yates against. uary 7, 1997, and under a previous order NOES—216 Mr. QUINN changed his vote from of the House, the following Members ‘‘no’’ to ‘‘aye.’’ Aderholt Doyle Jenkins will be recognized for 5 minutes each. Archer Dreier John So the amendment was rejected. f Armey Duncan Johnson (CT) The result of the vote was announced Bachus Dunn Jones as above recorded. The SPEAKER pro tempore. Under a Baesler Ehlers Kasich previous order of the House, the gen- PERSONAL EXPLANATION Ballenger Ehrlich Kelly tleman from Florida [Mr. GOSS] is rec- Barcia Emerson Kim Ms. JACKSON-LEE of Texas. Mr. Chair- ognized for 5 minutes. Barr English King (NY) man, due to unforeseen circumstances I was Barrett (NE) Ensign Kingston unable to vote during rollcall vote No. 102 on [Mr. GOSS addressed the House. His Bartlett Everett Klink remarks will appear hereafter in the Bass Ewing Knollenberg Jackson-Lee amendment No. 9. If I had been Bereuter Fawell Kolbe present, I would have voted ``aye.'' Extensions of Remarks.] Bilbray Foley Latham Mr. LAZIO of New York. Mr. Chair- f Bilirakis Fowler Lazio Bliley Fox Leach man, I move that the Committee do WISHING A HAPPY BIRTHDAY TO Blunt Frelinghuysen Lewis (CA) now rise. THE HONORABLE HENRY B. GON- Boehlert Ganske Lewis (KY) The motion was agreed to. ZALEZ Boehner Gekas Linder Accordingly the Committee rose; and Bono Gibbons Livingston The SPEAKER pro tempore. Under a Boyd Gilchrest Lucas the Speaker pro tempore (Mr. PEASE) Brady Gillmor Manzullo having assumed the chair, Mr. previous order of the House, the gentle- Bryant Gilman McCollum woman from Texas [Ms. JACKSON-LEE] GOODLATTE, Chairman of the Commit- Burr Goode McCrery tee of the Whole House on the State of is recognized for 5 minutes. Burton Goodlatte McDade Ms. JACKSON-LEE of Texas. Mr. Calvert Goodling McHale the Union, reported that that Commit- Camp Gordon McIntosh tee, having had under consideration Speaker, I wanted to take this brief Canady Goss McKeon the bill, (H.R. 2) to repeal the United moment. It is not often that we have Cannon Graham Metcalf an opportunity to salute a gentleman Castle Granger Mica States Housing Act of 1937, deregulate Chabot Gutknecht Miller (FL) the public housing program and the who has served this body for so many Chambliss Hall (TX) Molinari program for rental housing assistance years. I would like to salute the dean Chenoweth Hansen Moran (KS) for low-income families, and increase of our Texas delegation, a ranking Clement Hastert Morella member and former chairman of the Coble Hastings (WA) Myrick community control over such pro- Collins Hayworth Nethercutt grams, and for other purposes, had House Committee on Banking and Fi- Combest Hefley Neumann come to no resolution thereon. nancial Services, the gentleman from Condit Hill Ney Texas, HENRY B. GONZALEZ, U.S. Rep- Cook Hilleary Northup f Cooksey Hobson Norwood resentative of the 20th Congressional Cox Hoekstra Nussle b 1745 District. Cramer Holden Oxley It seems one would question, why Crane Horn Packard ADJOURNMENT TO MONDAY, MAY now? That is because I want to wish Crapo Hostettler Pappas 5, 1997 Cubin Houghton Pascrell him a very happy birthday on tomor- Cunningham Hulshof Paul Mr. WELDON of Florida. Mr. Speak- row. He will have been in this great Davis (VA) Hunter Paxon er, I ask unanimous consent that when body since November 4, 1961. That Deal Hutchinson Pease Dickey Inglis Peterson (MN) the House adjourns today, it adjourn to means that he served under the leader- Doolittle Istook Peterson (PA) meet at 2 p.m. on Monday next. ship of President John F. Kennedy, May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2151 President Richard Nixon. He has points being made by the minority He said that he once asked a group of served, as well, under the leadership of which were entirely inaccurate as they these kids what they wanted to do President Lyndon Baines Johnson, pertain to my opinion on this issue of when they grew up. I have told this Ronald Reagan, George Bush, and cer- a work requirement in the housing bill, story before on the floor of this House. tainly, now, William Jefferson Clinton. and as they pertain, I believe, to our They did not say ‘‘I want to be a fire- He has served for 35 years in this Con- party, the Republican Party’s position man, I want to be a doctor, I want to be gress as of November 4, 1996. on a work requirement in the housing a teacher.’’ They said, ‘‘I want to col- He has served on the House Commit- bill. lect a check.’’ I kid you not, Mr. tee on Banking and Financial Services I have experience living in govern- Speaker. These little 4-and 5- and 6- from January 1962, and on many of the ment housing, living in a dormitory in year-old kids, they knew nothing other subcommittees. Since we have the a State university. It was no bigger than their mom living in the project housing bill on the floor of the House, than the average walk-in closet. I had with them collecting a check, and that it is certainly important to recognize to work 24 hours a month for the privi- is the only thing they knew. him as a strong advocate for housing lege of having that small dorm room. I We have what I think is a very rea- for Americans. It is important to be believe it is perfectly reasonable to ask sonable requirement suggested to us by able to acknowledge that he was a civil somebody who is living in a govern- Secretary Cuomo, supported by the ad- rights leader. He was someone who ment-funded apartment to put in 8 ministration, to require people who are many thought would not make it to hours a month of work time. able-bodied, people who are not dis- the State senate, and certainly would Mr. Speaker, in our provision we ex- abled, who are not working, who are not make it to the U.S. Congress. empt the elderly, we exempt the dis- not going to school, to require them to Most of all, he is a gentle warrior. He abled, we exempt those people who are contribute to the community in the stands tall for the principles he be- going to school, even if it is part-time, form of community service, in the form lieves in. He is a lover of America, but even a vocational school, and we ex- of working in the project. I think it is he is a lover of the least of those in our empt people that have full-time jobs an excellent idea, and it is unfortunate community. He certainly is a gentle and part-time jobs. that our intentions are frankly ma- giant on this floor: kind, thoughtful, The gentleman from Illinois [Mr. ligned. and respected. JACKSON] had brought forward, I think, Our intention on this side of the It is my pleasure to wish to him, on a reasonable, well-thought-out amend- aisle, the Republican majority, is to behalf of the constituents of the 18th ment to exempt virtually every single help these people by getting them out Congressional District, on tomorrow, mom. Though I feel there was some into the community and working, his birthday, a very, very happy birth- merit to that, I felt that his amend- whether it is cleaning up, whether it is day, and to say to him that May 2 is a ment was unreasonably broad, but that removing graffiti, whether it is vol- special day, because that was the day it would be reasonable to give the unteering for child care. I think any of that America had as one of its own housing authorities some flexibility to those things is going to help instill a born a great American. allow them to exempt some single work ethic in people, and it is going to So Henry, happy birthday. Happy moms. set a good example for their children to birthday on behalf of my constituents, Many of the people on our side of the be able to see their mom or dad going and happy birthday on behalf of Texas, aisle felt that they should be able to out and being a part of the local com- and happy birthday on behalf of Amer- eke out somewhere in their week 2 munity. I think it will go a long way to ica. God bless you, HENRY GONZALEZ. hours a week to devote to community helping those communities. f service. Let me just say that I agree f with that sentiment. There were senti- The SPEAKER pro tempore. Under a ments expressed by the minority that The SPEAKER pro tempore. Under a previous order of the House, the gen- this is some sort of mean-spirited at- previous order of the House, the gen- tleman from Utah [Mr. HANSEN] is rec- tempt to hurt the poor. On the con- tleman from New Jersey [Mr. PALLONE] ognized for 5 minutes. trary, my motivation in this work re- is recognized for 5 minutes. [Mr. HANSEN addressed the House. quirement is very much one of wanting [Mr. PALLONE addressed the House. His remarks will appear hereafter in to help the poor. His remarks will appear hereafter in the Extensions of Remarks.] I believe by, in exchange for them the Extensions of Remarks.] f getting government-funded housing, re- f The SPEAKER pro tempore. Under a quiring them to go out and work and previous order of the House, the gen- thus having them work, we will instill LEGISLATIVE PROGRAM tleman from Arkansas [Mr. BERRY] is a work ethic in people. We will instill The SPEAKER pro tempore. Under a recognized for 5 minutes. in them a sense of community, and I previous order of the House, the gen- [Mr. BERRY addressed the House. His believe that the children of these peo- tleman from Texas [Mr. ARMEY] is rec- remarks will appear hereafter in the ple living in public housing will benefit ognized for 5 minutes. Extensions of Remarks.] from seeing their parent or parents ac- Mr. ARMEY. Mr. Speaker, I am pleased to f tually working. announce the schedule for the week of May 5. This point was driven home to me so We will next meet at 2 p.m. on Monday, A CLARIFICATION REGARDING vividly when I met a gentleman when I May 5 for a pro forma session. There will be THE WORK REQUIREMENT IN was campaigning in 1994 who told me no legislative businessÐand no votesÐon THE HOUSING BILL about a program that he had taken that day. The SPEAKER pro tempore. Under a part in where he went into the housing On Tuesday, May 6, the House will meet at previous order of the House, the gen- projects and read to young children, 12:30 p.m. for morning hour and 2 p.m. for tleman from Florida [Mr. WELDON] is because as many people know, the psy- legislative business. Members should note that recognized for 5 minutes. chologists have shown that if you read we will not hold any recorded votes before 5 Mr. WELDON of Florida. Mr. Speak- to small children, you can improve p.m. on Tuesday. er, I rise this evening to talk a little their academic performance; that their We will first debateÐunder suspension of bit about some of the preceding debate reading scores will get better when the rulesÐH.R. 1463, an authorization bill for that occurred today on the housing they get older and that they will have the Customs Service, U.S. Trade Representa- bill. Let me just say, though the debate just higher academic performance at tive, and ITC. was frequently very heated and some- school. After consideration of the suspension on times tempers and passions were quite So he was going in and reading to Tuesday, the House will resume consideration high, I believe personally that a lot of these little kids, most often children of of amendments to H.R. 2, the Housing Oppor- this is very good. We need to openly de- single moms that did not have a father tunity and Responsibility Act of 1997. bate these issues. in the house. I remember him telling On Wednesday, May 7 and Thursday, May I rise this evening, Mr. Speaker, be- something to me one day that just to- 8, the House will consider the following bills, cause I feel there were a number of tally broke my heart. all of which will be subject to rules: H.R. 478, H2152 CONGRESSIONAL RECORD — HOUSE May 1, 1997 the Flood Prevention and Family Protection b 1800 over 5,000 Kurdish civilians, mostly Act of 1997; H.R. 3, the Juvenile Crime Con- Among them were Greeks, women and children, were gassed to trol Act of 1997; and the Fiscal Year 1997 Nestorians, Maronites, Syrians, Bul- death in March 1988. Supplemental Appropriations Act. garians, Yezidis, Jacobites, and Arme- It is time, Mr. Speaker, to reverse Mr. Speaker, we should finish legislative nians. He acknowledged that these fig- our longstanding policy and recognize business and have Members on their way ures did not include over 500,000 Kurds the existence of Kurdistan and the home to their families by 6 p.m. on Thursday, murdered, deported, or displaced in the rights of its citizens to exercise the May 8. same period. prerogatives and liberties which every f Between 1925 and 1938, an additional 1 people without exception should and million Kurds were reported slaugh- must enjoy. The SPEAKER pro tempore. Under a We should use our influence to help previous order of the House, the gen- tered. Almost the entire Armenian pop- ulation under Turkish control had pre- resolve the Kurds’ internal conflict and tleman from Arizona [Mr. SALMON] is support their unity in the effort to recognized for 5 minutes. viously been exterminated, over 11⁄2 million people. achieve their inalienable right to self- [Mr. SALMON addressed the House. Today, Turkish Special Komandos determination. We must stop looking His remarks will appear hereafter in actually collect rewards for the severed at whole nations in terms of the profit- the Extensions of Remarks.] heads of Kurdish guerrillas and others, ability of oil companies and as assets f casually referring to their victims as to be deployed in big power maneuver- Armenians, leaving no doubt as to ing. We must ban the export of chemi- SELF-DETERMINATION FOR THE cal weapons. Both Iraq and Turkey KURDS what is in store for the Kurds and their national aspirations. have used lethal weapons against the The SPEAKER pro tempore. Under ‘‘Special action teams,’’ as they are Kurds which were furnished by the the Speaker’s announced policy of Jan- called, color their faces green and United States. Cluster bombs are con- uary 7, 1997, the gentleman from Cali- white. The paint, as well as 80 percent tinuing to be sold to Turkey and con- fornia [Mr. FILNER] is recognized for 60 of Turkey’s military hardware and tinuing to be used in bombing runs minutes as the designee of the minor- equipment, is furnished by the United against Kurdish villages and areas. ity leader. States, much of it at the taxpayer’s ex- Iran also continues to oppress the Kurds in its territory. The Shah’s fa- Mr. FILNER. Mr. Speaker, I want to pense. focus my colleagues’ attention this Today, seven Kurdish members of ther, a Fascist sympathizer who was evening on the plight of the Kurds, an parliament are in prison in Turkey. removed from his throne by the Allies ancient people living in the Middle Most prominent among them is Leyla in 1941, oversaw what was called the East in a land that should be a nation Zana, the recipient of the Sakharov ‘‘sedentarization’’ policies which re- called Kurdistan, a proud people num- Freedom Award. Andrei Sakharov sulted in the disappearance of many bering some 30 million, perhaps the came to the defense of the Kurds in Kurdish and other tribes. Khomeini’s largest people in the world today lack- 1989, when he declared, and I quote, regime went after the Kurds almost immediately upon assuming power over ing in the exercise of their right to ‘‘The tragic struggle of the Kurdish Iran in 1979. Leaders of the major Kurd- self-determination. people, which has continued for so ish party resisting Iranian domination The Kurds have resided in their long, originates in the principle of the have been repeatedly assassinated by present homelands for thousands of right of peoples to self-determination, agents of the government, often in Eu- years. Kurdish Guti kings ruled Persia and for this reason, it is a just strug- and Mesopotamia over 4,000 years ago. ropean settings. gle.’’ The Kurdish plight at the hands of Before that, the Neolithic revolution Human Rights Watch, Helsinki Iran has received surprisingly little no- probably first took place in Kurdistan, Watch, Amnesty International and a tice in America, given our oft-stated around 7000 B.C., 3,500 years before variety of other human rights groups concerns over the human rights viola- similar developments in Europe. have devoted much attention to Turk- Some of the earliest towns and vil- tions of that regime. ish depredations against the Kurds in We must stop viewing freedom for lages, as well as other human settle- recent years. They note that over 20,000 the Kurds as being some kind of threat ments, have been discovered in people have been killed since 1984, over to stability and instead welcome such Kurdistan. Yet, one of the largest na- 3,000 villages destroyed with rampant freedom. tions in the Middle East is prevented torture, murder, displacement and im- As was stated by Michael van Walt from exercising sovereignty over any prisonment directed at the Kurdish van Praag, an adviser to the Dalai part of its own land. It is an inter- population. Lama of Tibet, and again I quote, ‘‘The national colony, governed over by the The repression by the Saddam Hus- potential for explosive disintegration states of Turkey, Iraq, Iran, and Syria. sein regime in Iraq has been more wide- lurks in all states where the people are The Kurdish people suffer from ly publicized. Over 200,000 Kurds were prohibited from exercising their right ghastly atrocities committed by all killed in the wake of the Iran-Iraq war, to self-determination. We must move four regimes. Over one half of and over 4,000 Kurdish villages have away from our misguided view of sta- Kurdistan and nearly two-thirds of the been destroyed over the past three dec- bility premised on immediate short- Kurdish population are under Turkish ades by Iraqi forces. Three tons of doc- term economic and political consider- control, an occupation legitimized in uments and other materials related to ations to a long-term perspective the 1923 Treaty of Lausanne, which the post-Iran-Iraq war ‘‘Anfal’’ cam- which will ensure the peaceful coexist- reneged on a promise to Kurds and Ar- paign are stored away by the U.S. Gov- ence of all peoples. Universal recogni- menians in the earlier 1920 Treaty of ernment. I call upon the State Depart- tion is the cornerstone and, indeed, the Sevres. That promise envisioned the ment to release them for general in- sine qua non of a truly peaceful and creation of a Kurdish state on Kurdish spection by interested parties. I believe stable world.’’ territory in the aftermath of World they would confirm the crimes against According to Justice William O. War I. The Lausanne Treaty legiti- humanity carried out by the Iraqi re- Douglas, who visited the Kurds nearly mized the Turkish massacres against gime in Kurdistan. 50 years ago, ‘‘The Kurds have a saying: the Armenians which had already It is imperative that we affirm a The world is a rose; smell it and pass it taken place and set the stage for a human rights linkage with any foreign to your friends.’’ stepped-up campaign of genocide aid given by the United States and to The source of such resources as against the Kurds in subsequent years. oppose the furnishing of lethal equip- water, oil, gas and agricultural wealth, Turkish states have been responsible ment to those who would use it for re- Kurdistan has much to share with for a long string of ethnic cleansings pressive purposes. Never again should neighboring peoples in the world, once ever since. Historian James Tashjian United States-made chemical weapons the pall of oppression has been lifted has estimated that over 21⁄2 million be used against the Kurds or against and they can manage their own affairs people perished in a 100-year period be- anybody else, as they were at the an- and control their own resources and tween 1822 and 1922. cient Kurdish city of Halabia, where their own destiny. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2153 President John F. Kennedy was right to the provision of this aid. If Turkey wants the elsewhere. Much of this military hardware is when he said that ‘‘There can be no benefits of inclusion in Western institutions then used to repress and terrorize the Kurdish doubt that if all nations refrain from that are supposed to be founded on the de- people, citizens of Turkey who should be ex- interfering in the self-determination of fense of democracy and human rights, then tended the protection of their country's armed others, the peace would be much more that country should start living up to the agree- forces, and not be victimized by those armed assured.’’ ments it has signed. forces. Meanwhile, Turkey does not have a And Dwight D. Eisenhower under- Mr. Speaker, I want to say a few words on strong industrial base and is lacking in infra- scored the point when he declared that behalf of one of the most prominent victims of structure in many key areas. Why is Turkey, ‘‘Any nation’s right to a form of gov- Turkey's cruel irrational anti-Kurd policies. our ally, throwing away so much of its limited ernment and an economic system of its Mrs. Leyla Zana was elected to a seat in the resources on sophisticated weapons to use own choosing is inalienable. Any na- Turkish Parliament in 1991, representing her against its Kurdish residents, when it could be tion’s attempt to dictate to other na- hometown of Diyarbakir. She was elected with investing in better schools, health care and tions their form of government is inde- 84 percent of the total vote. She became the other services that could help put Turkey on a fensible.’’ first Kurd to break the ban on the Kurdish lan- par with the Western nations it seeks to be as- We must apply these principles to guage in the Turkish Parliament, for which she sociated with? our dealings with the Kurds and their was later tried and convicted. She had uttered Mr. Speaker, last week I led a special order aspirations. United States military aid the following words: ``I am taking this [constitu- in this House commemorating the Armenian to Turkey should be halted pending a tional] oath for the brotherhood of the Turkish Genocide of 1915±1923, committed by the review of Turkish policies toward and Kurdish peoples.'' Ottoman Turkish Empire. Just yesterday, I Kurdistan. Kurdish initiatives for On May 17, 1993, she and her colleague joined with members of the Armenian-Amer- peaceful resolution of conflicts related Ahmet Turk addressed the Helsinki Commis- ican community for an observance of the anni- to the occupation of Kurdistan should sion of the United States Congress. This testi- versary of the unleashing of the Genocide. In be supported. mony was used against her in the court of recalling this well-documented part of history, Above all, we must recognize the law. On March 2, 1994, her constitutional im- the existence of which Turkey continues to of- Kurds as a people with the right to munity as a member of Parliament was re- ficially deny, we often point out that the impor- self-determination, a right held sacred voked, and she was arrested, taken into cus- tance of remembering the past is to prevent by liberty-loving Americans, a right tody, tried, in a one-sided mockery of justice, similar tragedies from occurring in the future. that should be enjoyed by all people in convicted and sentenced to 15 years in prison. Mr. Speaker, we are currently witnessing a the world. Leyla Zana, who is 35 years old and the moth- similar tragedy in Kurdistan. True, the Kurdish Mr. Speaker, I hope to speak about er of two children, is in the third year of her people have not been slaughtered on the this at a later time. 15-year sentence at a prison in Ankara, the scale that the Armenians were in the early Mr. PALLONE. Mr. Speaker, I rise to join in Turkish capital. part of this century. To some extent, the great- this effort to focus more attention on the plight Leyla Zana's pursuit of democratic change er scrutiny that exists todayÐthrough satellite of the Kurdish people. I want to thank my col- by non-violent means was honored by the Eu- imaging and instantaneous communicationÐ league from California, Mr. FILNER, for taking ropean Parliament, which unanimously award- may be playing some role in restraining the this time to discuss the ongoing human trag- ed her the 1995 Sakharov Peace Prize. She Turkish Government. But there is a certain edy in the mountains of Kurdistan. has twice been nominated for the Nobel similarity to the pattern: A concerted effort by About half of the worldwide Kurdish commu- Peace Prize. I know that some of my col- a Turkish government to wipe out the pres- nity lives within the borders of the Republic of leagues are circulating a letter to the President ence of a nonTurkic people which has lived in Turkey, where their treatment is an absolute on her behalf, and I hope a majority of the the region for centuries. affront to the basic fundamentals of human Members of this House will join with the Euro- Mr. Speaker, I would like to close my re- rights. At least one-quarter of the population of pean Parliament in defending the human and marks with a statement from Lord Eric Ave- Turkey is Kurdish. Yet, in Turkey, the Kurds civil rights of this brave womanÐand, I might bury, the chairman of the Parliamentary are subjected to a policy of forced assimila- remind my colleaguesÐa fellow Parliamentar- Human Rights Group of the British House of tion, which is essentially written into the Turk- ian, a fellow-elected official. We owe her our Lords, who recently visited Turkish and Iraqi ish constitution. To date, 3,124 Kurdish vil- moral support, and to urge our ambassador in Kurdistan. He cited a quote, dating from AD lages have been destroyed, and more than 3 Ankara to raise Mrs. Zana's case with the 84, from the Roman historian Tacitus describ- million of their residents have been forced to Turkish authorities at the highest levels. ing the Roman conquest of Britain: ``Ubi become refugees, either in Kurdistan or Mr. Speaker, I would like to share with the solituneinem faciunt, pacem appelant.'' ``They abroad. Members of this Body, and anyone watching made it a desolation and called it peace.'' Mr. While the situation for the Kurdish people in us, some of the basic goals of Mrs. Zana and Speaker, let us resolve not to let the entire such nations as Iraq, Iran, and Syria is also of the repressed Kurdish people of Turkey: land and nation of Kurdistan be made into a deplorable, I wish to draw particular attention The Kurdish identity must be recognized; The desolation. to the situation in Turkey for some basic rea- use of the Kurdish language in conversation sons. Turkey is, after all, a military ally of the and in writing should be legalized; All cultural f United States, a member of NATO. As such, rights should be conceded; Kurdish political Turkey has received billions of dollars in mili- parties must be given full Constitutional rights; SPECIAL ORDERS GRANTED tary and economic assistanceÐcourtesy of the and A general amnesty for all political pris- American taxpayers. In addition, Turkey as- oners must be granted. By unanimous consent, permission to pires to participate in other major Western or- Mr. Speaker, we often hearÐfrom our own address the House, following the legis- ganizations and institutions, such as the Euro- administration, from other apologists for Tur- lative program and any special orders pean Union. keyÐabout what a great democracy the Re- heretofore entered, was granted to: Mr. Speaker, I believe that most Americans public of Turkey is. Yet this is how a duly (The following Members (at the re- would be frankly appalled to know that a coun- elected representative of that so-called de- quest of Ms. JACKSON-LEE of Texas) to try that has received so much in the way of mocracy is being treated, for the crime of revise and extend their remarks and in- American largesse is guilty of so many speaking her language and defending the clude extraneous material:) breaches of international law and simple rights of her people. Mr. BERRY, for 5 minutes, today. human decency. I have joined with many of Mr. Speaker, this cannot go on. For many Mr. PALLONE, for 5 minutes, today. my colleagues in denouncing Turkey's illegal years we have witnessed a clear pro-Turkish Ms. JACKSON-LEE of Texas, for 5 min- blockade of Armenia, its failure to acknowl- tilt on the part of the State Department. We utes, today. edge responsibility for the Armenian Genocide often hear about the strategic importance of (The following Members (at the re- of 1915±1923, its ongoing illegal occupation of Turkey, its pivotal location. I don't discount quest of Mr. WELDON of Florida) to re- Cyprus, and its threatening military maneuvers these arguments completely. But we have to vise and extend their remarks and in- in the Aegean Sea. The brutal treatment of the balance these factors against some other very clude extraneous material:) more than 15 million Kurds living within Turk- important considerations. Turkey continues to Mr. HANSEN, for 5 minutes, today. ish borders offers a major argument for cutting spend billions of dollars on obtaining sophisti- Mr. WELDON of Florida, for 5 minutes, back on military and economic aid to Turkey, cated weapons systems, not only from the today. or to at least attach very stringent conditions United States, but from France, Russia, and Mr. ARMEY, for 5 minutes, today. H2154 CONGRESSIONAL RECORD — HOUSE May 1, 1997 EXTENSION OF REMARKS 3053. A letter from the Director, Regula- Lower Mississippi River (U.S. Coast Guard) tions Policy Management Staff, Office of [CGD08–97–008] (RIN: 2115–AE84) received By unanimous consent, permission to Policy, Food and Drug Administration, April 24, 1997, pursuant to 5 U.S.C. revise and extend remarks was granted transmitting the Administration’s final 801(a)(1)(A); to the Committee on Transpor- to: rule—Indirect Food Additives: Adjuvants, tation and Infrastructure. (The following Members (at the re- Production Aids, and Sanitizers [Docket No. 3065. A letter from the General Counsel, quest of Ms. JACKSON-LEE of Texas) and 96F–0245] received April 24, 1997, pursuant to Department of Transportation, transmitting to include extraneous matter:) 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Regulated Mr. STOKES. Commerce. Navigation Area; Puget Sound and Adjacent 3054. A letter from the General Counsel, Waters, WA—Regulated Navigation Area Mr. HAMILTON. Department of Defense, transmitting a draft (U.S. Coast Guard) [CGD13–97–003] (RIN: 2115– Mr. FRANK of Massachusetts. of proposed legislation to authorize the AE84) received April 24, 1997, pursuant to 5 Mrs. LOWEY. transfer of 14 naval vessels to certain foreign U.S.C. 801(a)(1)(A); to the Committee on Mr. DELLUMS. countries; to the Committee on Inter- Transportation and Infrastructure. Mr. BONIOR. national Relations. 3066. A letter from the General Counsel, Mr. COYNE. 3055. A letter from the Director, Peace Department of Transportation, transmitting Mr. ACKERMAN. Corps, transmitting a draft of proposed legis- the Department’s final rule—Electrical Engi- lation to amend the Peace Corps Act, and for Mr. FOGLIETTA. neering Requirements for Merchant Vessels other purposes, pursuant to 31 U.S.C. 1110; to (U.S. Coast Guard) [CGD 94–108] (RIN: 2115– Mr. STARK. the Committee on International Relations. AF24) received April 24, 1997, pursuant to 5 Mr. HILLIARD. 3056. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on Mr. LANTOS. Department of the Treasury, transmitting a Transportation and Infrastructure. Mr. EVANS. draft of proposed legislation to amend title 4, 3067. A letter from the General Counsel, Mr. RANGEL. District of Columbia Code, to reform the pay Department of Transportation, transmitting Mr. PAYNE. of members of the U.S. Secret Service Uni- the Department’s final rule—Availability of formed Division, and for other purposes; to Mr. CAPPS. Interpretations of Hazardous Materials and the Committee on Government Reform and Mr. KLECZKA. Pipeline Safety Regulations (Research and Oversight. Special Programs Administration) [Docket Ms. ESHOO. 3057. A letter from the Federal Co-Chair- No. RSP–3] (RIN: 2137–AD00) received April Mr. TOWNS. man, Appalachian Regional Commission, 24, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Ms. SANCHEZ. transmitting a draft of proposed legislation the Committee on Transportation and Infra- Mr. DINGELL. that would reauthorize the work of the Ap- structure. Mr. SHERMAN. palachian Regional Commission, pursuant to 3068. A letter from the Chief, Regulations 31 U.S.C. 1110; to the Committee on Trans- Ms. KAPTUR. Branch, U.S. Customs Service, transmitting portation and Infrastructure. the Service’s final rule—Archaeological and Mr. VISCLOSKY. 3058. A letter from the General Counsel, Mr. SERRANO. Ethnological Material From Canada [T.D. 97– Department of Transportation, transmitting 31] (RIN: 1515–AC14) received April 18, 1997, Mrs. MALONEY of New York. the Department’s final rule—Implementa- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. MURTHA. tion of Equal Access to Justice Act in Agen- mittee on Ways and Means. (The following Members (at the re- cy Proceedings [Docket No. OST–96–1421] 3069. A letter from the Secretary of Trans- quest of Mr. WELDON of Florida) and to (RIN: 2105–AB73) received April 24, 1997, pur- portation, transmitting a draft of proposed include extraneous matter:) suant to 5 U.S.C. 801(a)(1)(A); to the Commit- legislation entitled the ‘‘Surface Transpor- tee on Transportation and Infrastructure. tation Safety Act of 1997’’; jointly, to the Ms. PRYCE of Ohio. 3059. A letter from the General Counsel, Committees on Transportation and Infra- Mr. GILMAN. Department of Transportation, transmitting structure, Commerce, and the Judiciary. Mr. SOLOMON. the Department’s final rule—Ticketless Mr. GALLEGLY. Travel: Passenger Notices [Docket No. OST– f Mr. RADANOVICH. 96–993] (RIN: 2105–AC36) received April 24, Mr. RAMSTAD. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the REPORTS OF COMMITTEES ON Mr. PITTS. Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS structure. Mr. PACKARD. 3060. A letter from the General Counsel, Under clause 2 of rule XIII, reports of Mr. HEFLEY. Department of Transportation, transmitting committees were delivered to the Clerk Mr. PAUL. the Department’s final rule—Vessel Inspec- for printing and reference to the proper Mr. EHLERS. tion User Fees (U.S. Coast Guard) [CGD 96– calendar, as follows: Mr. DAVIS of Virginia. 067] (RIN: 2115–AF40) received April 24, 1997, Mr. ARCHER: Committee on Ways and Mrs. ROUKEMA. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Means. H.R. 408. A bill to amend the Marine Mr. EVERETT. mittee on Transportation and Infrastruc- Mammal Protection Act of 1972 to support Mr. WOLF. ture. the International Dolphin Conservation Pro- 3061. A letter from the General Counsel, (The following Members (at the re- gram in the eastern tropical Pacific Ocean, Department of Transportation, transmitting and for other purposes (Rept. 105–74 Pt. 2). quest of Mr. FILNER) and to include ex- the Department’s final rule—Safety Zone; Referred to the Committee of the Whole traneous matter:) Potomac River, Point Lookout to Hull Neck House on the State of the Union. Mr. DREIER. (U.S. Coast Guard) [CGD05–97–011] (RIN: 2115– Mr. ARCHER: Committee on Ways and Mr. FORBES. AA97) received April 24, 1997, pursuant to 5 Means. H.R. 1463. A bill to authorize appro- Mr. FAWELL. U.S.C. 801(a)(1)(A); to the Committee on priations for fiscal years 1998 and 1999 for the Mr. GINGRICH. Transportation and Infrastructure. Customs Service, the Office of the U.S. Trade 3062. A letter from the General Counsel, f Representative, and the International Trade Department of Transportation, transmitting Commission; with an amendment (Rept. 105– ADJOURNMENT the Department’s final rule—Safety Zone: 85). Referred to the Committee of the Whole Oceanside, CA (U.S. Coast Guard) [COTP San House on the State of the Union. Mr. FILNER. Mr. Speaker, I move Diego; 97–001] (RIN: 2115–AA97) received April Mr. MCCOLLUM: Committee on the Judici- that the House do now adjourn. 24, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to ary. H.R. 3. A bill to combat violent youth The motion was agreed to; accord- the Committee on Transportation and Infra- crime and increase accountability for juve- ingly (at 6 o’clock and 7 minutes p.m.), structure. nile criminal offenses; with an amendment 3063. A letter from the General Counsel, under its previous order, the House ad- (Rept. 105–86). Referred to the Committee of Department of Transportation, transmitting the Whole House on the State of the Union. journed until Monday, May 5, 1997, at 2 the Department’s final rule—Special Local p.m. Regulations for Marine Events; Southern f f Branch, Elizabeth River, Portsmouth, Vir- ginia (U.S. Coast Guard) [CGD 05–97–004] PUBLIC BILLS AND RESOLUTIONS EXECUTIVE COMMUNICATIONS, (RIN: 2115–AE46) received April 24, 1997, pur- Under clause 5 of rule X and clause 4 ETC. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- of rule XXII, public bills and resolu- tee on Transportation and Infrastructure. Under clause 2 of rule XXIV, execu- 3064. A letter from the General Counsel, tions were introduced and severally re- tive communications were taken from Department of Transportation, transmitting ferred as follows: the Speaker’s table and referred as fol- the Department’s final rule—Amendment to By Ms. PRYCE of Ohio (for herself and lows: Regulated Navigation Area Regulations; Mr. MORAN of Virginia): May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2155

H.R. 1508. A bill to reform the multifamily MORAN of Virginia, Mr. POSHARD, Mr. By Mr. COOKSEY: rental assisted housing programs of the Fed- TRAFICANT, Mr. MCHALE, Mr. DAVIS H.R. 1517. A bill to amend the Internal Rev- eral Government and maintain the afford- of Illinois, Mr. COSTELLO, Mr. ACKER- enue Code of 1986 to reduce the capital gains ability and availability of low-income hous- MAN, Mr. FROST, Mr. CONDIT, Mr. tax on individuals and to index the basis of ing, and for other purposes; to the Commit- HALL of Texas, Mr. STENHOLM, Mr. assets of individuals for purposes of deter- tee on Banking and Financial Services, and BOSWELL, Mr. RUSH, Ms. MOLINARI, mining gains and losses; to the Committee in addition to the Committee on Ways and Mr. PETRI, Mrs. ROUKEMA, Mr. on Ways and Means. Means, for a period to be subsequently deter- BALLENGER, Mr. HOEKSTRA, Mr. By Mr. COSTELLO (for himself and Mr. mined by the Speaker, in each case for con- MCKEON, Mr. SAM JOHNSON, Mr. TAL- EWING): sideration of such provisions as fall within ENT, Mr. GREENWOOD, Mr. H.R. 1518. A bill to amend the Internal Rev- the jurisdiction of the committee concerned. KNOLLENBERG, Mr. RIGGS, Mr. GRA- enue Code of 1986 to permit farmers to roll- over into an individual retirement account By Mr. SHAW (for himself, Mr. STARK, HAM, Mr. SOUDER, Mr. MCINTOSH, Mr. the proceeds from the sale of a farm; to the Mr. RAMSTAD, Mr. CRANE, Mrs. JOHN- PAUL, Mr. PETERSON of Pennsylvania, Committee on Ways and Means. SON of Connecticut, Mr. HOUGHTON, Mr. UPTON, Mr. DEAL of Georgia, Mr. By Mr. DAVIS of Virginia (for himself, Mr. HERGER, Mr. PORTMAN, Mr. ENG- HILLEARY, Mr. SCARBOROUGH, Mr. Mr. GEJDENSON, Mrs. MEEK of Flor- LISH of Pennsylvania, Mr. ENSIGN, BAKER, Mr. BARTLETT of Maryland, ida, Mr. MORAN of Virginia, Mr. Mr. CHRISTENSEN, Mr. RANGEL, Mr. Mr. BARTON of Texas, Mr. BATEMAN, SCOTT, Mr. TOWNS, Mr. CONYERS, Mr. MATSUI, Mrs. KENNELLY of Connecti- Mr. BOEHLERT, Mr. BONILLA, Mr. BUR- FAZIO of California, Mr. HERGER, Mr. cut, Mr. COYNE, Mr. LEVIN, Mr. TON of Indiana, Mr. CALVERT, Mr. DEUTSCH, Mr. WOLF, Mr. ROEMER, Mr. MCDERMOTT, Mr. KLECZKA, Mr. LEWIS CAMPBELL, Mr. CANADY of Florida, STEARNS, Ms. NORTON, Mr. DEAL of of Georgia, Mr. JEFFERSON, and Mr. Mr. COLLINS, Mr. COOKSEY, Mr. COX of Georgia, Mr. CLAY, Mr. DIAZ-BALART, BECERRA): California, Mr. CRANE, Mr. Mr. SISISKY, Mr. WHITFIELD, Mr. H.R. 1509. A bill to amend the Internal Rev- CUNNINGHAM, Mr. DICKEY, Ms. DUNN YOUNG of Alaska, Mr. TORRES, Mr. enue Code of 1986 to include liability to pay of Washington, Mrs. EMERSON, Mr. CLEMENT, Ms. BROWN of Florida, Mr. compensation under workmen’s compensa- ENGLISH of Pennsylvania, Mr. EWING, PASTOR, Mr. FROST, Mr. HAMILTON, tion acts within the rules relating to certain Mr. FOLEY, Mrs. FOWLER, Mr. FOX of Mr. LEACH, Mr. SANDLIN, Mr. MCCOL- personal liability assignments; to the Com- Pennsylvania, Mr. GALLEGLY, Mr. LUM, Mr. DUNCAN, Mr. PETRI, Mr. mittee on Ways and Means. GEKAS, Mr. GILCHREST, Mr. GILMAN, BENTSEN, Ms. EDDIE BERNICE JOHNSON By Mr. SMITH of Texas (for himself, Mr. GOSS, Mr. HERGER, Mr. BEREU- of Texas, Ms. ROS-LEHTINEN, Mr. Mr. KENNEDY of Massachusetts, Mr. TER, Mr. HORN, Mr. HOSTETTLER, Mr. THOMPSON, Mr. SHUSTER, Mr. PICK- GREENWOOD, Mr. SPENCE, Mr. HOUGHTON, Mr. HUNTER, Mr. HYDE, ETT, Mr. BILBRAY, Mr. LAMPSON, Mr. GOODLATTE, Mr. DELLUMS, Mr. FORD, Mr. KIM, Mr. KINGSTON, Mr. KOLBE, BOUCHER, Mr. BISHOP, Mr. BATEMAN, Ms. LOFGREN, Mr. HINCHEY, Ms. Mr. LAHOOD, Mr. LEACH, Mr. LEWIS of Mr. BEREUTER, Mr. PORTER, and Mr. CHRISTIAN-GREEN, Mrs. MALONEY of California, Mr. LINDER, Mr. MCCOL- MARTINEZ: New York, Mr. LAFALCE, Mrs. KELLY, LUM, Mr. MCHUGH, Mr. MANZULLO, H.R. 1519. A bill to provide for the recogni- Mr. KNOLLENBERG, Mr. CLEMENT, Mr. Mr. MILLER of Florida, Mrs. COLLINS, Mr. CASTLE, Mr. BRADY, Mr. tion and designation of the official society to MORELLA, Mrs. MYRICK, Mr. NEU- administer and coordinate activities in the SESSIONS, Ms. GRANGER, Mr. SAM MANN, Mr. NEY, Mr. PACKARD, Mr. JOHNSON, Mr. BONILLA, Mr. United States to commemorate and cele- PORTER, Ms. PRYCE of Ohio, Mr. brate the achievements of the second millen- THORNBERRY, Mr. PAUL, and Mr. AR- QUINN, Mr. REGULA, Mr. ROYCE, Mr. nium and to promote even greater achieve- CHER): SAXTON, Mr. DAN SCHAEFER of Colo- H.R. 1510. A bill to exempt agreements re- ments in the millennium to come by endow- rado, Mr. SCHIFF, Mr. SHAYS, Mr. ing an international cross-cultural scholar- lating to voluntary guidelines governing SHIMKUS, Mr. SMITH of Texas, Mrs. telecast material from the applicability of ship fund to further the development and LINDA SMITH of Washington, Mr. education of the world’s future leaders; to the antitrust laws; to the Committee on the SNOWBARGER, Mr. SOLOMON, Mr. Judiciary. the Committee on the Judiciary, and in addi- SPENCE, Mr. STEARNS, Mr. WALSH, tion to the Committee on Government Re- By Mr. MCKEON (for himself, Mr. Mr. WAMP, Mr. WATKINS, Mr. WATTS form and Oversight, for a period to be subse- GOODLING, Mr. GREENWOOD, Mr. of Oklahoma, Mr. WELDON of Penn- quently determined by the Speaker, in each SMITH of Michigan, Mr. LAFALCE, Mr. sylvania, Mr. WELDON of Florida, Mr. case for consideration of such provisions as ENSIGN, Mr. KLUG, Mrs. KELLY, Mr. WELLER, and Mr. WICKER): fall within the jurisdiction of the committee LUTHER, Mr. NORWOOD, Mr. PETERSON concerned. of Pennsylvania, Mr. GRAHAM, Mr. H.R. 1515. A bill to amend title I of the Em- By Ms. DEGETTE: GORDON, Mr. PETRI, Mr. RIGGS, Mr. ployee Retirement Income Security Act of 1974 to provide new portability, participa- H.R. 1520. A bill to amend chapter 81 of DEAL of Georgia, Mrs. ROUKEMA, Mr. title 5, United States Code, to authorize the tion, solvency, and other health insurance BARRETT of Nebraska, Mr. use of clinical social workers to conduct protections and freedoms for workers in mo- UNDERWOOD, Mr. UPTON, Mr. LEWIS of evaluations to determine work-related emo- bile work force, to increase the purchasing California, Mr. BONILLA, Mr. HALL of tional and mental illnesses; to the Commit- Texas, Mr. SHAYS, Mr. MILLER of power of employees and employers by remov- tee on Education and the Workforce. Florida, Mr. HORN, Mr. FROST, Mr. ing barriers to the voluntary formation of By Mr. GALLEGLY: CALVERT, Mr. FATTAH, Mr. KASICH, association health plans, to increase health H.R. 1521. A bill to amend title 49, United Mr. CLEMENT, Mr. DELAY, and Mr. plan competition providing more affordable States Code, concerning the treatment of BOEHNER): choice of coverage, to expand access to certain aircraft as public aircraft; to the H.R. 1511. A bill to establish a National health insurance coverage for employees of Committee on Transportation and Infra- Commission on the Cost of Higher Edu- small employers through open market, and structure. cation; to the Committee on Education and for other purposes; to the Committee on By Mr. HEFLEY: the Workforce. Education and the Workforce. H.R. 1522. A bill to extend the authoriza- By Mr. RANGEL: By Mr. CLAY (for himself, Mr. MILLER tion for the National Historic Preservation H.R. 1512. A bill to amend the Internal Rev- of California, Mr. KILDEE, Mr. MAR- Fund, and for other purposes; to the Com- enue Code of 1986 to provide incentives for TINEZ, Mr. OWENS, Mrs. MINK of Ha- mittee on Resources. public-private educational partnerships for waii, Ms. WOOLSEY, Mr. FATTAH, Mr. By Mr. HOEKSTRA: public educational institutions serving dis- HINOJOSA, Mr. TIERNEY, Mr. KIND of H.R. 1523. A bill to amend the Small Busi- advantaged students and to provide tax relief Wisconsin, Ms. SANCHEZ, Mr. FORD, ness Act to exempt subcontracts for dredging to families who are struggling to pay for col- Mr. BROWN of Ohio, Mr. DAVIS of Illi- activities from local buy requirements under lege; to the Committee on Ways and Means. nois, Mr. DINGELL, Mr. ETHERIDGE, the business development program author- By Mr. WELLER (for himself, Mr. LI- Mr. FILNER, Mr. GREEN, Mr. HASTINGS ized by section 89(a) of that act; to the Com- PINSKI, and Mr. POSHARD): of Florida, Ms. JACKSON-LEE, Mr. mittee on Small Business. H.R. 1513. A bill to amend the National JEFFERSON, Mr. JOHNSON of Wiscon- By Mr. HUTCHINSON (for himself, Mr. Trails System Act to designate the Lincoln sin, Ms. KAPTUR, Mrs. LOWEY, Mrs. BALDACCI, Mr. TAYLOR of North Caro- National Historic Trail as a component of MALONEY of New York, Ms. NORTON, lina, Mr. COOKSEY, Mr. BOUCHER, Mr. the National Trails System; to the Commit- Mr. PALLONE, Mr. PASCRELL, Mr. MCGOVERN, Mr. FROST, and Mr. tee on Resources. PASTOR, Mr. REYES, Mr. SAWYER, and BUNNING of Kentucky): By Mr. BOUCHER: Mr. TOWNS): H.R. 1524. A bill to establish a National H.R. 1514. A bill to restore the exclusion of Center for Rural Law Enforcement, and for employees’ death benefits from gross in- H.R. 1516. A bill to support local reading other purposes; to the Committee on the Ju- come; to the Committee on Ways and Means. programs for children so that all children are diciary. By Mr. FAWELL (for himself, Mr. able to read well and independently by the By Mrs. LOWEY: GOODLING, Mr. HASTERT, Mr. ARMEY, end of the third grade; to the Committee on H.R. 1525. A bill to assure equitable treat- Mr. PICKETT, Mr. LIPINSKI, Mr. Education and the Workforce. ment in health care coverage of prescription H2156 CONGRESSIONAL RECORD — HOUSE May 1, 1997

drugs; to the Committee on Commerce, and H. Res. 139. Resolution expressing the sense H.R. 145: Mr. BARR of Georgia, Mr. in addition to the Committees on Ways and of the House of Representatives that the De- BLAGOJEVICH, Mr. MURTHA, Mr. MINGE, Mr. Means, Education and the Workforce, and partment of Education, States, and local BROWN of Ohio, and Ms. DEGETTE. Government Reform and Oversight, for a pe- education agencies should spend a greater H.R. 158: Mr. LATHAM, Mr. MATSUI, Mr. riod to be subsequently determined by the percentage of Federal education tax dollars YOUNG of Alaska, Mr. NETHERCUTT, Mr. EHR- Speaker, in each case for consideration of in our children’s classrooms; to the Commit- LICH, and Mr. CRAPO. such provisions as fall within the jurisdic- tee on Education and the Workforce. H.R. 159: Mr. HOLDEN and Mr. HOUGHTON. tion of the committee concerned. By Mr. RANGEL: H.R. 176: Mr. KILDEE, Mr. HINCHEY, Mr. By Mr. QUINN (for himself, Mr. BARCIA H. Res. 140. Resolution expressing the sense LAMPSON, Mr. RYUN, and Mr. ACKERMAN. of Michigan, Mr. PRICE of North of the House of Representatives that H.R. 192: Mr. BISHOP, Mr. COMBEST, Mr. Carolina, Mr. DUNCAN, Mrs. KELLY, ‘‘Sugar’’ Ray Robinson should be recognized ENGEL, Mr. BARRETT of Nebraska, Mr. PACK- Mr. WELLER, Mr. PACKARD, Mr. for his athletic achievements and commit- ARD, Mr. SKELTON, and Mr. ADAM SMITH of WEXLER, Mr. DAVIS of Florida, Mr. ment to young people; to the Committee on Washington. PICKETT, Mr. KLUG, Mr. Government Reform and Oversight. H.R. 218: Mr. KING of New York, Mr. EN- KNOLLENBERG, Mr. BUNNING of Ken- By Mr. YATES: SIGN, Mr. POSHARD, and Mr. TURNER. tucky, Mr. BILBRAY, Mr. LAHOOD, Mr. H. Res. 141. Resolution waiving clause 2(b) H.R. 253: Mr. FAWELL, Mr. DEFAZIO, Mr. BAESLER, Mr. MENENDEZ, Mr. of rule XXII to permit introduction and con- LEVIN, and Mr. BARRETT of Wisconsin. CUNNINGHAM, Mr. PETERSON of Min- sideration of a certain bill; to the Committee H.R. 284: Mr. DAVIS of Illinois, Mr. OLVER, nesota, Mr. FOX of Pennsylvania, Mr. on Rules. and Mr. HINCHEY. H.R. 285: Mr. HINCHEY. WALSH, Mr. GRAHAM, Ms. PRYCE of f Ohio, Ms. MOLINARI, Mr. LARGENT, H.R. 286: Mr. HINCHEY. H.R. 305: Mr. PARKER. Mr. LATOURETTE, and Mr. NUSSLE): MEMORIALS H.R. 1526. A bill to amend the Tariff Act of H.R. 335: Mr. BISHOP. Under clause 4 of rule XXII, memori- H.R. 339: Mr. SPENCE and Mr. HUTCHINSON. 1930 to treat as noncounteravailable certain als were presented and referred as fol- activities relating to timber; to the Commit- H.R. 344: Mrs. ROUKEMA. tee on Ways and Means. lows: H.R. 347: Mr. EWING. H.R. 366: Mr. TOWNS. By Mr. UPTON (for himself, Ms. ESHOO, 58. By the SPEAKER: Memorial of the Sen- H.R. 407: Mr. TOWNS, Mr. MARTINEZ, and Mr. GREENWOOD, Mr. TOWNS, and Mr. ate of the Commonwealth of Pennsylvania, Mr. ROTHMAN. HALL of Texas): relative to Senate Resolution 31 urging the H.R. 1527. A bill to amend the Food, Drug, U.S. Environmental Protection Agency to H.R. 414: Mr. BISHOP, Mr. COMBEST, Mr. and Cosmetic Act with respect to the classi- cease operation of the incinerator at the ALLEN, Mr. WISE, Mr. ENGEL, Mr. PACKARD, fication of and performance standards for de- Drake Chemical Superfund site until the se- and Mr. SKELTON. vices; to the Committee on Commerce. rious concerns about onsite decision making, H.R. 426: Mr. HILLIARD, Mr. LEWIS of Cali- By Mr. HINCHEY: involving the officials of the city of Lock fornia, Mr. DICKS, Mr. ADAM SMITH of Wash- H.J. Res. 76. Joint resolution to direct the Haven, PA, and the Pennsylvania Depart- ington, and Mr. MARTINEZ. Secretary of the Interior to design and con- ment of Environmental Protection in key H.R. 453: Mr. YATES, Mr. CAMPBELL, Mr. struct a permanent addition to the Franklin decisions and the allegations of drug and al- HYDE, and Mr. ENGEL. H.R. 455: Mr. DAVIS of Illinois and Mr. Delano Roosevelt Memorial in Washington, cohol abuse, are investigated; to the Com- ENGEL. DC, and for other purposes; to the Commit- mittee on Commerce. H.R. 459: Mr. BACHUS. tee on Resources. 59. Also, memorial of the Legislature of the H.R. 465: Mr. HOUGHTON. By Mr. VENTO (for himself, Mr. MAR- State of Montana, relative to Senate Joint H.R. 475: Mr. MARTINEZ. TINEZ, Mr. LEWIS of Georgia, Mr. LI- Resolution 9 urging Congress to act in a H.R. 477: Mr. KNOLLENBERG. PINSKI, and Ms. LOFGREN): timely fashion to reauthorize the Federal H.R. 546: Mr. ENGEL and Mr. TRAFICANT. H. Con. Res. 70. Concurrent resolution ex- Surface Transportation Program and to con- H.R. 553: Mr. COSTELLO, Mr. FLAKE, Mr. pressing the sense of the Congress that State tinue to recognize the national interest in PALLONE, Mr. SANDERS, Ms. NORTON, Mr. PE- and local governments should be encouraged, the investment in highways that serve and TERSON of Minnesota, and Mr. MARTINEZ. and have the right, to pass laws and ordi- cross rural western States; to the Committee H.R. 566: Mr. MARTINEZ. nances designed to preserve and protect the on Transportation and Infrastructure. H.R. 586: Ms. KAPTUR, Mr. SPENCE, and Mr. safety and well-being of young people; to the f LIPINSKI. Committee on the Judiciary. H.R. 589: Ms. DUNN of Washington, Mr. PRIVATE BILLS AND By Mr. CUMMINGS (for himself, Mr. BARR of Georgia, Mr. WICKER, Mr. Weller, OYER ORELLA YNN H , Mrs. M , Mr. W , Mr. RESOLUTIONS and Mr. STUMP. FILNER, Mr. CARDIN, Mr. FAZIO of Under clause I of rule XXII: H.R. 590: Mr. DAVIS of Illinois, Mr. GEJDEN- California, and Mr. DEFAZIO): SON, and Mrs. KENNELLY of Connecticut. H. Con. Res. 71. Concurring resolution ex- Mrs. MALONEY of New York introduced a bill (H.R. 1528) to authorize the Secretary of H.R. 598: Mr. BRYANT. pressing the sense of the Congress that Fed- H.R. 617: Mr. BAKER, Mr. WALSH, Mr. WATT Transportation to issue a certificate of docu- eral retirement cost-of-living adjustments of North Carolina, Mr. ROTHMAN, and Mr. mentation with appropriate endorsement for should not be delayed, and that retirement GONZALEZ. employment in the coastwise trade for the contributions on the part of Federal agencies H.R. 622: Mr. SENSENBRENNER. vessel Southern Star; which was referred to and Federal and postal employees should not H.R. 693: Mr. PAPPAS and Mr. MILLER of the Committee on Transportation and Infra- be increased; to the Committee on Govern- Florida. structure. ment Reform and Oversight. H.R. 695: Mr. DELAHUNT. By Ms. MCKINNEY (for herself, Ms. f H.R. 699: Mr. RUSH, Mr. RIGGS, Mr. HANSEN, CARSON, Ms. CHRISTIAN-GREEN, Mr. ADDITIONAL SPONSORS Mr. BILBRAY, Mr. NORWOOD, Mrs. EMERSON, HASTINGS of Florida, Mr. OWENS, Mr. Mr. SHIMKUS, Mr. DEAL of Georgia, Mr. HORN, RANGEL, Mr. THOMPSON, Mr. DEL- Under clause 4 of rule XXII, sponsors Mr. GIBBONS, Mr. PICKETT, Mr. DEFAZIO, and LUMS, Mr. CONYERS, Mr. CLYBURN, were added to public bills and resolu- Mr. PARKER. Mr. HILLIARD, Mr. CLAY, Mr. DIXON, tions as follows: H.R. 715: Mr. HOBSON. Mr. FATTAH, Mr. STOKES, Mr. TOWNS, H.R. 774: Mr. PETERSON of Minnesota and H.R. 7: Mr. DEAL of Georgia and Mr. FOLEY. Mr. FLAKE, Mr. WYNN, Mr. PAYNE, H.R. 9: Mr. DAVIS of Illinois. Ms. KAPTUR. Mr. DAVIS of Illinois, Mr. BISHOP, Ms. H.R. 12: Mr. BARRETT of Wisconsin. H.R. 789: Mr. HILLIARD, Mr. HILL, and Mr. MILLENDER-MCDONALD, Ms. JACKSON- H.R. 14: Mrs. LINDA SMITH of Washington GALLEGLY. LEE, Mr. HINCHEY, Mr. SANDERS, and and Mr. MARTINEZ. H.R. 840: Mr. EHLERS, and Mr. BARCIA of Mr. CUMMINGS): H.R. 27: Mr. RYUN. Michigan. H. Con. Res. 72. Concurrent resolution H.R. 58: Mr. ISTOOK, Mr. KUCINICH, Mr. FA- H.R. 862: Mr. MORAN of Virginia. postponing the relocation of the statue WELL, Mr. ROGERS, Mr. RILEY, and Mr. TAY- H.R. 874: Mr. MARTINEZ. known as the Portrait Monument to the ro- LOR of Mississippi. H.R. 893: Mr. OLVER, Mr. HORN, Mr. THOMP- tunda of the Capitol; to the Committee on H.R. 66: Mr. BACHUS, Mrs. MINK of Hawaii, SON, Mr. UNDERWOOD, Ms. DEGETTE, Mr. BOU- House Oversight. and Ms. KAPTUR. CHER, Mr. FOX of Pennsylvania, Mr. KLUG, By Mr. PITTS (for himself, Mr. GRA- H.R. 80: Mr. OLVER, Mr. SOLOMON, Ms. Mr. COYNE, Mr. WAXMAN, Ms. LOFGREN, Mr. HAM, Mr. BLUNT, Mr. GOODLING, Mr. STABENOW, Mr. FOLEY, Mr. PALLONE, Mr. GREENWOOD, Mr. SANDERS, Ms. SLAUGHTER, HOEKSTRA, Mr. ISTOOK, Mr. RYAN, Mr. SAWYER, and Mr. TORRES. Mr. RUSH, Mr. LAZIO of New York, Mrs. HULSHOF, Mr. NORWOOD, Mr. H.R. 96: Mr. DICKEY, Mrs. CUBIN, Mr. LOWEY, Mr. HOLDEN, Mr. FILNER, Mr. BONIOR, SNOWBARGER, Mr. ENGLISH of Penn- PARKER, and Mr. MANZULLO. Mrs. CLAYTON, Mr. KLINK, Mr. MORAN of Vir- sylvania, Mr. SESSIONS, Mr. CHABOT, H.R. 108: Mr. BORSKI and Mr. KLUG. ginia, Mr. MINGE, Ms. RIVERS, and Mr. Mr. SOLOMON, Mr. CHAMBLISS, Mr. H.R. 122: Mr. HOSTETTLER, Mr. HASTERT, CARDIN. KNOLLENBERG, Mr. SAM JOHNSON, Mr. Mr. HERGER, Mr. SENSENBRENNER, Mr. H.R. 894: Mr. OLVER, Mr. WAXMAN, Mr. HERGER, and Mr. HAYWORTH): ROHRABACHER, and Mr. HILLEARY. KLUG, Mr. GREENWOOD, Mr. RUSH, Mr. May 1, 1997 CONGRESSIONAL RECORD — HOUSE H2157

BONIOR, Mrs. CLAYTON, and Mr. MORAN of H.R. 1302: Mr. MILLER of California. H. Res. 122: Mr. CLEMENT, Mr. BEREUTER, Virginia. H.R. 1315: Mr. CLEMENT and Mr. MCGOVERN. Mr. EHRLICH, Mr. WALSH, and Ms. CHRISTIAN- H.R. 900: Mr. ROTHMAN, Mr. DAVIS of Illi- H.R. 1320: Mr. ABERCROMBIE. GREEN. nois, Mr. MENENDEZ, and Mr. LEACH. H.R. 1321: Mr. MORAN of Virginia and Mrs. f H.R. 901: Mr. LINDER and Mr. CHABOT. KENNELLY of Connecticut. H.R. 911: Mr. PETERSON of Pennsylvania, H.R. 1323: Mr. LAFALCE. AMENDMENTS Mr. MCHALE, Mr. BALLENGER, Mrs. LINDA H.R. 1330: Ms. DANNER and Mr. DOYLE. SMITH of Washington, Mr. GIBBONS, Mr. MUR- H.R. 1333: Mr. KOLBE and Mr. DUNCAN. Under clause 6 of rule XXIII, pro- THA, Mr. RYUN, and Mr. KLUG. H.R. 1340: Mr. LIPINSKI. posed amendments were submitted as H.R. 934: Mr. COBURN, Mr. BACHUS, Mr. H.R. 1349: Ms. NORTON and Ms. WOOLSEY. follows: H.R. 1350: Mr. PICKETT and Mr. UPTON. POMBO, and Mr. HEFLEY. H.R. 2 H.R. 947: Mr. KLECZKA, Mr. GREENWOOD, H.R. 1362: Mr. DAVIS of Virginia, Mr. BISH- OFFERED BY: MR. HOLDEN and Mr. GILCHREST. OP, Mr. BEREUTER, Ms. LOFGREN, Mr. H.R. 956: Mr. PARKER and Mr. HEFLEY. SHIMKUS, Mr. ACKERMAN, Mr. PORTER, Mr. AMENDMENT NO. 45: Conversion of section 8 H.R. 965: Mr. TAUZIN, Mr. BOB SCHAFFER, TAYLOR of Mississippi, and Mr. HALL of Ohio. tenant-based assistance to project-based as- Mr. SKEEN, Mr. PAUL, Mr. PACKARD, Mr. H.R. 1363: Mrs. ROUKEMA. sistance in the borough of Tamaqua. WICKER, Mr. WHITFIELD, and Mr. OXLEY. H.R. 1364: Mr. GILMAN and Mr. CAPPS. SEC. . For the Tamaqua Highrise project H.R. 979: Mr. BACHUS, Ms. WOOLSEY, Mr. H.R. 1371: Mrs. CUBIN. in the Borough of Tamaqua, Pennsylvania, SKELTON, Ms. CARSON, Mr. PETERSON of H.R. 1375: Mr. NORWOOD and Mr. DOYLE. the Secretary of Housing and Urban Develop- Pennsylvania, Ms. LOFGREN, Mr. EVERETT, H.R. 1379: Mr. YOUNG of Alaska. ment shall require the public housing agency and Mr. CAPPS. H.R. 1395: Mr. RUSH and Ms. CHRISTIAN- to convert the tenant-based assistance under H.R. 993: Mr. PETRI. GREEN. section 8 of the United States Housing Act of H.R. 1009: Mr. MCINTOSH, Mr. WATTS of H.R. 1396: Mr. MCCOLLUM. 1937 to project-based rental assistance under Oklahoma, and Mr. SPENCE. H.R. 1398: Mr. BARCIA of Michigan. section 8(d)(2) of such Act, notwithstanding H.R. 1010: Mr. HOSTETTLER and Mr. SKEEN. H.R. 1407: Mr. WATTS of Oklahoma. the requirement for rehabilitation or the H.R. 1017: Mr. FARR of California, Mr. JEF- H.R. 1408: Mr. METCALF. percentage limitations under section 8(d)(2). FERSON, and Mr. FOGLIETTA. H.R. 1415: Mr. GORDON, Mrs. CUBIN, Mr. The tenant-based assistance covered by the H.R. 1031: Mrs. KELLY, Mr. CALVERT, Mr. THORNBERRY, Mr. BALDACCI, Ms. MOLINARI, preceding sentence shall be the assistance BALLENGER, Mr. NETHERCUTT, and Ms. and Mr. MCDERMOTT. for families who are residing in the project GRANGER. H.R. 1427: Mr. DEUTSCH. on the date of enactment of this Act and who H.R. 1432: Mr. KLUG. H.R. 1046: Mr. POMEROY. initially received their assistance in connec- H.R. 1437: Ms. CARSON, Mr. BLUMENAUER, H.R. 1047: Mr. DELAHUNT and Mr. WEXLER. tion with the conversion of the section 23 Mr. GILCHREST, and Mr. FOX of Pennsylva- H.R. 1068: Mr. MCCRERY and Mr. leased housing contract for the project to nia. ROHRABACHER. tenant-based assistance under section 8 of H.R. 1438: Mr. PORTER, Mr. CAPPS, and Mr. H.R. 1074: Ms. WATERS, Ms. KILPATRICK, such Act. and Mr. MALONEY of Connecticut. SENSENBRENNER. H.R. 1077: Mr. OLVER and Mr. DOYLE. H.R. 1450: Mr. VENTO. H.R. 2 H.R. 1114: Ms. RIVERS, Mrs. KELLY, Mr. LI- H.R. 1456: Mr. WATTS of Oklahoma, Mr. OFFERED BY: MR. KENNEDY OF PINSKI, Mr. KENNEDY of Rhode Island, Mr. NEY, and Mr. FROST. MASSACHUSETTS H.R. 1458: Mr. MCINTOSH and Mr. COBURN. MCDERMOTT, Mr. DICKEY, and Mr. REYES. AMENDMENT NO. 46: Page 164, strike lines 1 H.R. 1487: Mr. EHLERS. H.R. 1126: Mr. WISE and Mr. BALDACCI. through 4 and insert the following: H.R. 1496: Ms. FURSE, Mr. WATKINS, Mr. H.R. 1129: Mrs. MINK of Hawaii, Mr. COYNE, (1) AUTHORIZATION OF APPROPRIATIONS.— BLUNT, Mr. EHRLICH, and Mr. LOBIONDO. Mr. GIBBONS, Mr. FOGLIETTA, Mrs. LOWEY, There are authorized to be appropriated for H.R. 1503: Mr. CLEMENT. Mr. GEJDENSON, and Mr. LUCAS of Oklahoma. grants under this section for each of fiscal H.R. 1507: Mr. CAMPBELL, Mrs. KENNELLY of H.R. 1140: Mr. HEFNER. years 1998, 1999, 2000, 2001, and 2002— Connecticut, and Ms. SLAUGHTER. H.R. 1154: Mr. MCINTYRE. (A) $500,000,000, which shall be available H.R. 1159: Mr. MCDERMOTT, Mr. LAFALCE, H.J. Res. 45: Mr. OWENS. only for use for activities under paragraphs Mr. BORSKI, Mrs. CLAYTON, and Mr. SPRATT. H.J. Res. 54: Mr. MORAN of Virginia. (1), (2), and (3) of subsection (a); and H.R. 1162: Mr. DUNCAN. H.J. Res. 56: Ms. JACKSON-LEE. (B) such sums as may be necessary, which H.R. 1169: Ms. KILPATRICK, Mr. DELLUMS, H.J. Res. 75: Mr. MCHALE, Mr. GRAHAM, Mr. shall be available only for use for activities Mr. HILLIARD, Mr. FROST, Ms. LOFGREN, Ms. PARKER, Mr. WAMP, Mrs. CHENOWETH, Mr. under subsection (a)(4). SLAUGHTER, Mr. BUNNING of Kentucky, and SMITH of New Jersey, Mr. NORWOOD, Mr. Page 173, strike lines 8 through 13 and in- Mr. CUNNINGHAM. WELDON of Pennsylvania, Mr. LINDER, Mr. sert the following: H.R. 1172: Mr. BRADY, Mr. BURTON of Indi- SCARBOROUGH, Mr. PICKERING, Mr. SMITH of (1) CAPITAL FUND.—For the allocations ana, Mr. COBURN, Mr. COMBEST, Mr. CRAPO, Oregon, Mr. NETHERCUTT, Mr. THORNBERRY, from the capital fund for grants, $3,700,000,000 Mr. DEAL of Georgia, Mr. DEFAZIO, Mr. ENG- Mr. MCCRERY, Mr. BUNNING of Kentucky, Mr. for each of fiscal years 1998, 1999, 2000, 2001, LISH of Pennsylvania, Mr. ENSIGN, Mr. CONDIT, Mr. SISISKY, Mr. SAXTON, Mr. DEAL and 2002. FORBES, Mr. FRANKS of New Jersey, Mr. of Georgia, Mr. PICKETT, Mr. FILNER, Ms. (5) OPERATING FUND.—For the allocations GANSKE, Mr. HILL, Mr. HUTCHINSON, Mr. MOLINARI, Mrs. CLAYTON, Mr. PETERSON of from the operating fund for grants— INGLIS of South Carolina, Mr. KINGSTON, Mr. Minnesota, Mr. TALENT, Mr. KINGSTON, Mr. (A) $3,200,000,000 for fiscal year 1998; and RIGGS, Mr. RILEY, Mr. ROGAN, Mr. SENSEN- HAMILTON, Mr. GEKAS, Mrs. MYRICK, Mr. (B) for each of fiscal years 1999, 2000, 2001, BRENNER, Mr. SESSIONS, Mr. THUNE, and Mr. HOYER, Mr. BLUNT, Mr. DOOLEY of California, and 2002, such sums as may be necessary to UPTON. Mr. SHAW, Mr. CLEMENT, Mr. EHLERS, Mr. H.R. 1176: Mr. FRANKS of New Jersey and GILCHREST, Ms. GRANGER, Mr. LEWIS of Cali- provide each eligible public housing agency Mr. TIERNEY. fornia, Mr. GOODLATTE, and Mr. REYES. with the full amount determined under the H.R. 1218: Mrs. LOWEY. H. Con. Res. 10: Mr. EHLERS, Ms. DELAURO, formula under section 204(c)(2) or 204(d)(1), as H.R. 1231: Mr. LEWIS of Georgia. and Mr. MCDERMOTT. applicable, for such agency to cover operat- H.R. 1247: Mr. PARKER, Mr. EHRLICH, and H. Con. Res. 52: Mr. STARK, Mr. MCDADE, ing expenses for the agency. Mr. COOK. and Mr. BOEHLERT. H.R. 2 H.R. 1260: Ms. BROWN of Florida, Mr. H. Con. Res. 53: Mr. CAMPBELL. OFFERED BY: MR. KLINK BAKER, Mr. CLYBURN, Ms. DANNER, Mr. H. Con. Res. 65: Mr. KENNEDY of Rhode Is- AMENDMENT NO. 47: Page 69, line 14, after GILCHREST, Mr. ENGEL, Ms. CHRISTIAN- land, Mr. PICKETT, Mr. TRAFICANT, Mr. JEF- the period insert the following: GREEN, Mrs. ROUKEMA, Mr. MCKEON, Mr. PE- FERSON, Mr. TAYLOR of Mississippi, Mr. TERSON of Minnesota, Ms. KAPTUR, and Mr. WELDON of Pennsylvania, Mr. CLAY, Mr. The Secretary shall require that each such NADLER. QUINN, and Mr. CALLAHAN. agreement for local cooperation shall pro- H.R. 1263: Mr. ALLEN, Mr. CAPPS, Ms. H. Res. 27: Mr. COSTELLO. vide that, notwithstanding any order, judg- WOOLSEY, Mr. ROTHMAN, Mr. KUCINICH, Mr. H. Res. 64: Mr. GOSS. ment, or decree of any court (including any FALEOMAVAEGA, Mr. TIERNEY, Mr. ACKERMAN, H. Res. 111: Mr. DAN SCHAEFER of Colorado settlement order), before making any and Mr. GONZALEZ. and Mr. TAUZIN. amounts provided under a grant under this H.R. 1289: Ms. DELAURO, Ms. WOOLSEY, Ms. H. Res. 119: Mr. MANTON, Mr. ADAM SMITH title available for use for the production of RIVERS, Mrs. MCCARTHY of New York, Mrs. of Washington, Mrs. JOHNSON of Connecticut, any housing or other property not previously MEEK of Florida, Mr. COOKSEY, and Mr. Mr. NADLER, Mr. FRANK of Massachusetts, used as public housing, the public housing GREEN. Mr. BROWN of Ohio, Mr. ROMERO-BARCELO, agency shall— H.R. 1299: Mr. BISHOP, Mr. WOLF, Mr. NEY, Mr. FROST, Ms. DEGETTE, Mr. MARKEY, Ms. (1) notify the chief executive officer (or Mr. DICKEY, Mrs. EMERSON, Mr. HUTCHINSON, DELAURO, Mr. DELLUMS, Mr. SCHUMER, Mr. other appropriate official) of the unit of gen- Mr. SKEEN, Mr. ADAM SMITH of Washington, COYNE, Mr. FILNER, Mrs. TAUSCHER, Mr. eral local government in which the public Mr. RYUN, Mr. LEWIS of Kentucky, Mr. MEEHAN, Ms. STABENOW, Mr. RUSH, Mr. housing for which such amounts are to be so HEFLEY, Mr. ENGLISH of Pennsylvania, and BARRETT of Wisconsin, Mr. BOEHLERT, Mr. used is located (or to be located) of such use; Mr. TAUZIN. GILCHREST, and Mr. GUTIERREZ. and H2158 CONGRESSIONAL RECORD — HOUSE May 1, 1997 (2) pursuant to the request of such unit of H.R. 2 ing project and may not enter into a new or general local government, provide such in- OFFERED BY: MR. SMITH OF MICHIGAN renewal contract for such assistance for a project unless the owner of the project pro- formation as may reasonably be requested by AMENDMENT NO. 48: Page 15, line 21, strike such unit of general local government re- ‘‘includes’’ and insert ‘‘may include’’. vides consent, to such local law enforcement garding the public housing to be so assisted agencies as the Secretary determines appro- H.R. 2 priate, for law enforcement officers of such (except to the extent otherwise prohibited by OFFERED BY: MR. TAYLOR OF MISSISSIPPI agencies to enter common areas of the law) and consult with representatives of such AMENDMENT NO. 49: Page 287, after line 15, project at any time and without advance no- local government regarding the public hous- insert the following new paragraph: tice upon a determination of probable cause ing. (6) TREATMENT OF COMMON AREAS.—The by such officers that criminal activity is Secretary may not provide any assistance taking place in such areas. amounts pursuant to an existing contract for Page 287, line 16, strike ‘‘(6)’’ and insert section 8 project-based assistance for a hous- ‘‘(7)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, THURSDAY, MAY 1, 1997 No. 55 Senate The Senate met at 10:30 a.m., and was SCHEDULE Mr. COVERDELL. Mr. President, as called to order by the President pro Mr. COVERDELL. Mr. President, for the Presiding Officer knows, we have tempore [Mr. THURMOND]. the information of all Senators, this been at this for the better part of the morning the Senate will begin consid- week. I am pleased that the two sides PRAYER eration of S. 543, the Volunteer Protec- have decided to proceed to the actual The Chaplain, Dr. Lloyd John tion Act. As a reminder, the previously legislation and to consider its merits Ogilvie, offered the following prayer: ordered cloture votes for today are vi- straightforwardly. I was also pleased to Almighty God, on this National Day tiated, and the Senate is now able to be notified this morning that during of Prayer, we join with millions across begin consideration of this important the summit—and I had not realized our land in intercession and suppli- legislation. It is my understanding this—that occurred, Governors cation to You, the Sovereign Lord of that amendments are expected to be of- Branstad of Iowa, Whitman of New Jer- the United States of America. As we fered to this bill. Therefore, Senators sey, and Wilson of California, issued a sound that sacred word Sovereign, we can anticipate votes throughout to- public statement in support of the Vol- echo Washington, Jefferson, Madison, day’s session of the Senate. It is the unteer Protection Act while in Phila- and Lincoln along with other leaders majority leader’s hope that the Senate delphia, and called on the President to through the years, in declaring that will be able to complete action on the sign it. I am deeply grateful to these You are our ultimate ruler. We make a Volunteer Protection Act today. Governors, who have longstanding ca- reers in public service, for stepping for- new commitment to be one nation Also, there is the possibility that the ward and calling on the passage of the under You, God, and we place our trust Senate could consider items on the Ex- ecutive Calendar. Therefore, additional Volunteer Protection Act. in You. Mr. President, I thought it would be votes could occur other than votes on You have promised that if Your peo- useful, given the fact that we are now the Volunteer Protection Act during ple will humble themselves, seek Your beginning the actual debate, to revisit today’s session. In addition, the Appro- face, and pray, You will answer and the general parameters of the Volun- priations Committee has completed ac- heal our land. Lord, as believers in teer Protection Act of 1997, which is a tion on the supplemental appropria- You, we are Your people. You have bill to provide certain protections to tions bill and it is the majority leader’s called us to be salt in any bland ne- volunteers, nonprofit organizations, expectation to begin consideration of glect of our spiritual heritage and light and governmental entities in lawsuits in the darkness of what contradicts that bill next week. based on the activities of volunteers. Your vision for our Nation. Give us I thank my colleagues for their at- First, Mr. President, I will frame the courage to be accountable to You and tention. problem. Prior to 1980, there was vir- Your Commandments. We repent for f tually no issue for us to consider here. the pride, selfishness, and prejustice RESERVATION OF LEADER TIME Millions upon millions of Americans that often contradict your justice and The PRESIDING OFFICER (Mr. over the history of our country have righteousness in our society. continued to step forward, help their SANTORUM). Under the previous order, Lord of new beginnings, our Nation the leadership time is reserved. neighbors, help in disasters, help that needs a great spiritual awakening. May is grandiose, like fighting off the wa- f this day of prayer be the beginning of ters in a flood to something as simple that awakening with each of us in this VOLUNTEER PROTECTION ACT OF as crossing the street with a spare Senate. We urgently ask that our hon- 1997 meal or a good wish for a neighbor. esty about the needs of our Nation and The PRESIDING OFFICER. Under But something happened in 1980. Sud- our humble confession of our spiritual the previous order, the Senate will now denly there were several very cele- hunger for You may sweep across this proceed to consideration of S. 543, brated lawsuit cases that targeted the Nation. Hear the prayers of Your peo- which the clerk will report. volunteer. It changed the whole nature ple and continue to bless America. In The bill clerk read as follows: of the environment for voluntarism in Your holy name, Amen. A bill (S. 543) to provide certain protec- America. As we moved on through the f tions to volunteers, nonprofit organizations, 1980’s we found a situation where, with and governmental entities in lawsuits based increasing frequency, for a variety of RECOGNITION OF THE ACTING on activities of volunteers. reasons, it was the volunteer that was MAJORITY LEADER The Senate proceeded to consider- singled out by a plaintiff or a claimant. The PRESIDENT pro tempore. The ation of the bill. It could have been that the organiza- able acting majority leader, Senator The PRESIDING OFFICER. The Sen- tion that the individual was contribut- COVERDELL of Georgia, is recognized. ator from Georgia. ing to did not have any resources, that

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

S3861 S3862 CONGRESSIONAL RECORD — SENATE May 1, 1997 the volunteer had accumulated some Act takes the volunteer and provides derstand the myriad of laws that relate assets—a home, a checking account, some shield against being a target of a to this across the several States. Cer- whatever—and so the lawyers for the lawsuit. tainly, a volunteer would have no ca- claimant went to the volunteer. I told the story earlier in the week of pacity to do this. What has resulted from this? Well, as a charity that ran a gym and a young- So this law, the Volunteer Protection best we can tell, and you really cannot ster broke a leg by dropping weights. A Act, sets a national standard of protec- get the exact data, there have not been volunteer, a woman, was the reception- tion. But if a State chose to create a rash of findings against the volun- ist—not in the gym. She is out answer- more protections, that would be their teers. They have been able to defend ing the phone. She became the legal right. Or if the State took an affirma- themselves, by and large. Many of the target. She had virtually nothing to do tive act to opt out from under this in cases have been thrown out. But there with the incident other than having those cases where all the parties in- is a chilling pall that has been cast been on the premises on the phone. The volved are citizens of that State, they over voluntarism across the land. In Volunteer Protection Act would have could do that as well. So we believe other words, we have put a question protected that woman because she had this is an appropriate balance with re- mark in the mind of an American vol- no relation to the incident. If she had gard to the interaction between the unteer. ‘‘Well, I want to help this fam- been engaged in willful misconduct, if States and the Federal Government. ily, I want to travel to North Dakota she had been reckless, wanton, if she Mr. President, I have gone back to and help in that flood, but could I be had been involved in a hate crime or a this summit time and time again in the putting my home or my business, or sex crime or a civil rights crime, this discussion, but there is something I whatever we have accumulated in our legislation would not protect her, nor noted here this morning that I think is family, at risk for having made this de- should it, and no one wants it to. It very interesting. There was an article cision?’’ The answer, unfortunately, is deals with simple acts of omission—an about the summit, and it says: yes. So the result is that voluntarism accident—that would protect the vol- Perhaps no one put the challenge more over the last several years since 1989 unteer. simply or compellingly than former First has been dropping—54 percent to 51 per- I want to point out, because in all Lady Nancy Reagan, known during her cent to 48 percent, the last number we the chaotic conditions that go on on White House years for her antidrug slogan, have seen. Capitol Hill, I am not sure everybody ‘‘Just say no’’ . . . Second, we have had thousands of has had a chance to read it and under- For which, I might add, many of us volunteers who served on boards of col- stand that no one is protected from are greatly indebted. leges and universities and charities and willful misconduct or reckless behavior Speaking for herself and her husband, ail- charitable organizations resign because or drunk driving. Mr. President, even if ing former President Ronald Reagan, she im- they became fearful they would be the the volunteer is protected, the organi- plored, ‘‘From this day forward, when some- target of these lawsuits. So you not zation itself, the institution, the non- one asks you to help a child, just say yes.’’ only have people with a question in profit, is still liable. This is directed, Just say yes. How right she is. My their mind about coming forward, you principally for acts of omission, at the plea to the Senate and to the House actually have caused volunteers to step volunteer. There are some other pro- and to the President is, just make it backward and resign. Some estimates tections in the bill for nonprofits that easier to say yes. Let’s try to remove are as many as 50,000 of these kinds of would help the charitable organization, this question mark that is holding vol- occurrences have taken place. but primarily this legislation would unteers back. Let’s try to not call on Now comes the summit, the volun- protect the volunteer from simple acts them to step forward and then leave a teer summit, in the Presiding Officer’s of omission or an accident of that kind. system in place that trips them if they home State, Pennsylvania, in the city The second thing it would do, Mr. do. Let’s remove this cloud that causes of Philadelphia, where the President President, is that it would create pro- high-profile public policymakers to not and three former Presidents and First portional responsibility. There is a agree to serve on a board. I venture to Ladies for six administrations have legal term for that, but I think it is say, Mr. President, that every Member come forward, 100 mayors, 30 Gov- easier to understand when we say pro- of Congress has had the question mark ernors, and called on America to step portional responsibility. The case I just I am talking about in their minds at forward, to relight the fire, to reinvigo- cited is a great example. This woman one time or another when they had to rate volunteer activity in America. I had no responsibility, so she would not make a decision about whether to re- believe that is a very wholesome thing, be eligible to be a target. What it does spond to an organization seeking their a very inspirational thing. here is, it says that you can’t go after support. But if you study the remarks, Mr. an individual, a volunteer, who has Let’s try to create an environment President, this was more than a call for minimal responsibility or only a small where volunteers don’t resign from voluntarism. It is very interesting as proportion, or none, and cause them to boards but are willing to serve on you review it. This is fairly well tar- be the target for compensation for the them. Let’s try to create an environ- geted. Children are evoked over and entire event, that there has to be pro- ment where a volunteer immediately over and were the centerpoint of this portional responsibility. That, too, would rush to an accident scene and call to voluntarism. Furthermore, the would protect the volunteer. not put a question in their mind about call was for voluntarism to occur in Mr. President, we have concluded— whether they are putting their assets difficult environments. We have heard those of us who have cosponsored the into a legal lottery. Let’s do it in a language like the poisonous streets. We legislation—that the issue is one of na- way that is thoughtful—and I believe are talking about difficult, rough, ab- tional concern and scope. I go back to we have—and which does not protect normal environment that you are ask- the summit. They were not there creat- somebody from ill doing, which I be- ing these volunteers to go to. So the ing volunteers for Philadelphia; they lieve we have. The minority leader and specter of the problem is elevating. were there calling on the whole Nation I had a brief discussion with regard to You are asking them to go into a more to step forward. Volunteer organiza- this yesterday evening. I was enumer- troubled center, a more volatile arena, tions, many of them, are national in ating the fact that this would not pro- where communication and differences scope. You don’t have to spend much tect reckless conduct. We want to be and diversity are great and, therefore, time thinking about it. They are orga- conscious of a victim of an accident. the probability of accident or misstep nizations like the American Red Cross, But we have to do something here to is higher. the United Way, and Little League free up America so that it can do what I have been arguing all week that the Baseball. The call for voluntarism is a it has always done. Congress should respond in a very national call, not a local community Mr. President, just before I conclude forceful way by passing the Volunteer call. Many of the volunteers cross here, I want to reiterate that I believe Protection Act of 1997 which will make State jurisdictions in their activities. American voluntarism is as much a it easier for a volunteer to respond, in There is absolutely no way that many part of our culture and life and a treas- the first place; and second, to a trou- of these charitable organizations— ure of American life as our national bled place. The Volunteer Protection 600,000 of them—could in any way un- monuments, our parks, and this very May 1, 1997 CONGRESSIONAL RECORD — SENATE S3863 Capitol itself, because it is unique. ments that were made? How can we So I again congratulate the Senator There are very few places in the world continue to keep this ball rolling?″ from Georgia. I commend him for this. where voluntarism takes on the compo- I point right here to the U.S. Senate. It sounds like we have accomplished nents and proportions that it has in This is the best way that I know of to something tremendous. We have. All America. I was reading this morning keep the ball rolling, to keep the mo- we have accomplished is that we can that, last year alone, the equivalent mentum going. If we follow up this now talk about the bill, and we can value of American voluntarism, which week and maybe early next week with now debate the bill. We are going to was about 41⁄2 hours a week, was around the passage of this legislation, with a have, I am sure, amendments that will $200 billion-plus that had been given strong message to the American public dramatically weaken this and that will freely. But that is declining, and that and to the prospective volunteers in take the teeth out of this legislation. trend should be reversed. We should America that not only do we think it is Unfortunately, those will be offered on nurture this American treasure and we a good thing—and everybody says nice the floor. We have a tough battle ahead should protect it, just as if it were one things about voluntarism and we talk of us to be able to stand up to those of the crown jewels of this Nation, like about the benefits of it and about all of kinds of weakening amendments, stay our Capitol. the wonderful things that it accom- the course, and follow through with Mr. President, I wanted to begin the plishes for your community and for this responsibly. debate by at least framing the reason you as an individual—but we can lay I believe it is a very valid piece of for the law, a brief description of the down something solid, something tan- legislation that preserves the right of law, and a call for the Congress to gible for them to say that things are those who are injured and at the same come forward and reinforce what took different. It is not just that people are time liberates the volunteer in Amer- talking about it now, or not that it is place in the historic days of the sum- ica to go out and pursue what they an in-vogue thing, but there is a dif- mit in Philadelphia, PA. know in their hearts is the right thing ferent set of ground rules now to par- With that, Mr. President, I suggest to do which is to serve their fellow man ticipate and, to me, they are much the absence of a quorum. to a greater good. The PRESIDING OFFICER. The more favorable. I don’t have to look I yield the floor. over my shoulder as a Little League clerk will call the roll. Mr. CRAIG addressed the Chair. The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the coach as to whether I gave the catcher the right mask. I know that was one of ator from Idaho is recognized. roll. Mr. CRAIG. Mr. President, thank you Mr. SANTORUM. Mr. President, I the examples that was used over in the House. But I am doing this because I very much. ask unanimous consent that the order I certainly join my colleague, the for the quorum call be rescinded. love my community, I love my neigh- bors, and I want to do something posi- Senator from Pennsylvania, in his ex- The PRESIDING OFFICER (Mr. pression of concern and hope for the COVERDELL). Without objection, it is so tive to contribute to their lives. I want to do so in a way that I feel that I can outcome of the volunteer summit that ordered. has just occurred in Philadelphia. I, Mr. SANTORUM. Mr. President, I really express myself without having too, hope that we can keep the dynam- rise to congratulate the Presiding Offi- to be concerned about the whole troop of lawyers hanging in the wings for ics of that going. cer, who just spoke, for his stick-to- There is no question, though, that itiveness in continuing to force this somebody who may have some accident in the process of volunteering. one of the blights against voluntarism issue here in the U.S. Senate and, fi- and giving freely of one’s time to the nally, accomplishing what we had So I think what we are doing here is taking that first step after the summit. benefit of human kind is what has hoped to accomplish and probably transpired in this country over the last should have accomplished a couple of This is the first step. People who have given all the great speeches about how several decades when we have, in fact, days ago, which is at least to move to denied the doctrine of charitable im- this bill and begin the debate on important voluntarism is—if they don’t follow through with doing some- munity; in other words, the ability to whether we can, here in the U.S. Sen- thing to move this agenda forward then go out and give of your time and then ate, do some positive things to the vol- I think we have every right to question by chance you make an accident—or by unteer spirit of America, to see if we the sincerity of the remarks. We have chance somewhere in the process some- can remove some of the barriers that every right to question whether this one might claim some question of in- are in place right now that limit the was in fact a political stunt, and noth- jury—that, all of a sudden, you are lia- amount of volunteer participation in ing more; that this was an attempt to ble, the courts take it up, the trial law- our society. revive individuals involved in their yers drag you through the courts, and I think the present Presiding Offi- own public reception and nothing more they put a phenomenal blight on the cer’s remarks about the Philadelphia than that; that it wasn’t really real. giving concept that voluntarism is all summit, the spirit created there, the This is an opportunity to make the about. momentum that was created there can summit in Philadelphia more real in That is what S. 543 is about—to clear- only be enhanced. The big concern in the eyes of the American public, to do ly prescribe what the limits are so that Philadelphia, as I talked to so many something tangibly good for the volun- we don’t put a legal damper on the people, was, ‘‘Isn’t this wonderful? teer in America, and thereby for the kind of energies that are spilling forth Don’t you feel this great spirit? Don’t needy among us who have such a need from Philadelphia that Colin Powell is you feel like we are focused on the and such a desire to deal with their fel- trying to once again fire up in this right thing and we are pulling the low men and neighbors in solving the country. It is here. It is already here. country together, Republican and Dem- problems that confront them and their It is part of the Judeo-Christian ethic ocrat alike, liberal or conservative, fo- communities. that has made up the great growth of cusing on a value that we all share?’’ It So I again congratulate the Senator this country over the years. is an understanding that is sort of core from Georgia for his tremendous drive I want to relate to you a comment as an American to understand the sig- and enthusiasm and stick-to-itiveness that the director of March of Dimes nificance of participating as a volun- to stand up here—for 3 days now—and Easter Seals told me right after the teer in your community and the bene- fight this battle and refuse to relent. Berlin wall came down and Eastern Eu- fit that it gives not only the people you I know some have said we are holding rope was freeing itself from the shack- volunteer for but the benefit it gives things hostage. I would suggest that les of communism that some of it had you. But the big concern I heard over this bill releases hostages all over been under for 70-plus years; most of it and over again, even from the most en- America who are hostage to litigation for about 45 years. I was with this gen- thusiastic supporters of the summit, fears—who now can go out and partici- tleman one night at a banquet. We was, ‘‘Can we keep this going? Can this pate in their communities, and do the were visiting, and we were both seated momentum continue? Will much hap- kind of things that will liberate so at the head table. pen after this week? How can we keep many other people who are in the need I said, ‘‘What are you doing nowadays this spirit alive and keep this momen- of volunteers, and the organizations besides the work of Easter Seals and tum that we have built, the commit- with whom they work. March of Dimes?″ S3864 CONGRESSIONAL RECORD — SENATE May 1, 1997 He said, ‘‘You would be fascinated.’’ spirit of nearly half a century past. So So they reached out to our great He said, ‘‘I am spending a lot of time in they were asking large contributive charitable voluntary contributive orga- Eastern Europe with the countries of voluntary charitable groups from this nizations immediately after the fall of Eastern Europe.’’ country to come across, to extend to the wall, and said, ‘‘Come. Teach us I said, ‘‘Doing what?″ them how we did it, and to work with again how you make it work because He said, ‘‘Teaching them volunta- them to rekindle the human spirit in what we see in America, what we see as rism.’’ an effort of voluntarism. the great energy and the spirit of your I said, ‘‘Tell me more. What do you That is what Philadelphia is trying country, is the blend of government mean teaching voluntarism?″ to do—not to rekindle because it is with the blend of the free citizen, both You and I, Mr. President, would have clearly here in this country, and it al- working together for the betterment of considered that part of our family her- ways has been, but to extend it into humanity and for the betterment of itage, part of going to church, part of other areas, urge people to give more of your country.’’ the extension of the person of the their time, to urge companies to pro- That is what S. 543 is all about. It American citizen—voluntarism. What vide time for their employees to go out isn’t about trial lawyers taking people had happened in Eastern Europe and and participate in the community in a to court. There is plenty of that to go throughout the greater Soviet empire free and giving way, and to knock on in the private sector, and in the pri- was that government had taken over. down some of the barriers that exist in vate economy, but not in the private Government had become the operative normal life that limit people’s ability giving should that be allowed. I am of people. No longer could you give of to contribute to give and to volunteer. thankful that S. 543 speaks so clearly yourself. It was government that told That is what S. 543 is all about— of that. you what to do, how to do it, what to knocking down the percolation of legal I again say to my colleagues on the say, what to think, and all of those barriers that have built up over the other side: Get with it. Come on. Stop kinds of things. Up until that time, I years of somebody trying to make this filibuster. This is a time to stand had forgotten, or I guess I had never somebody liable for something. We together, as former Republican Presi- really concentrated on the root of vol- know that when you give of your time dents and former Democratic Presi- untarism, and what has transpired in it is going to put you at risk. You are dents and a Democrat President stood our country over the years from the willing to give less. You back away, together in Philadelphia and said this very early days of the barn raising in and say, ‘‘I can’t be a part of contribu- is Americanism at its best. We should your State and mine—of neighbors tive or voluntary effort if I might be not use Government to tear down vol- sharing amongst themselves, because sued.’’ I mean that isn’t in the spirit of untarism. We should not use laws to re- there was never enough work force to Americanism. That isn’t in the spirit strict it. Let us use our energies to go around. So I would come over to of the raising of the barn in Kansas a multiply it for the betterment of our your farm and help out, and you would century ago. Sure, the wall might have citizens and for mankind. come over to my farm and help out. fallen down, and you had to pick it I yield the floor. And together, in a sense of community, back up and somebody might have been Mr. ASHCROFT addressed the Chair. we would help each other. That was be- hurt. There was always that risk. But The PRESIDING OFFICER. The Sen- fore the days of lots of laws and lots of it was always understood that nobody ator from Missouri is recognized. trial lawyers, and somebody looking was liable under those circumstances— around, and, saying ‘‘Gee. You have to that you weren’t trying to profit from Mr. ASHCROFT. Thank you, Mr. be liable for that. It is your fault that it personally, that you weren’t trying President. I am particularly grateful something happened. And, therefore, to gain from it. You were giving. for the statement of the Senator from we are going to take you to task on That is what this legislation is all Idaho, and for the measure of the Sen- that.’’ about—to recreate at least an under- ator from Georgia. Voluntarism has always been a phe- standing that people can give of their When you try to define America, you nomenal force in our country. And it time freely without a loss of the immu- can’t define America by looking at peo- did start from a Judeo-Christian ethic nity they have always had with chari- ple and from outward appearance. We of helping one fellow person. That has table voluntary efforts. are not all of one race or one ethnic or- been and remains the strength of our So I am truly complimentary of the igin. We represent every possible as- country. Senator from Georgia for the tremen- semblage from around the world. We I was so pleased when I heard Colin dous effort that he has put behind this. have come here. What we have, to- Powell through a series of interviews It has come at a very important time. gether, is not ethnicity nor religious leading up to the summit in Philadel- I must say to my colleagues across the background. It is not racial. What we phia. In fact, I was pleased but a little aisle. You are filibustering. Get with have is a common commitment to com- disappointed one day when Katie it. Don’t do that. There may be other munity, a common commitment to Couric in a rather—at least my inter- reasons. But, if it is for this, it is a bad what it is America is. It goes beyond pretation—cynical way said, ‘‘Well, reason. If the trial lawyers of this politics. It goes beyond where we go to but, but, but, surely you have to have country are wanting to play games church. It goes beyond where the an- Government doing some of these with this, it is the wrong reason. They cestors on our family tree came from. things, and, surely, you have to have a ought to go somewhere else instead of It simply goes to the heart of how we Government program. I mean, you trying to go at the voluntary spirit of feel about each other. have cut welfare, or Congress cut wel- this country, the energy that built our No other nation on the face of the fare.’’ And, very consistently, Colin country that made us what we are. It Earth has been so characterized by the Powell said there is a role for Govern- was not Government. It was people giv- idea of caring. Look at the great serv- ment. Yes. But there is a very clear ing freely of themselves to other peo- ice organizations around the world, role for people. Government doesn’t ple. such as the Lions Club, which has a nurture the child in the community. That is what this legislation is specific interest in protecting vision We can put food to the child. But we about. That is what the nations of the and making sure that people can see. cannot nurture the soul. That is a per- former Soviet Union have had to actu- The idea has been exported to the sonal relationship. That is a giving ally seek from us. Yes. They want our world from the United States of Amer- kind of relationship that is only put institutions of government because ica. Look at the Rotary Club. Rotary forth through the volunteer effort of they figure that ours is the best form clubs literally go around the globe. the caring individual. of government. But they want our peo- They have come from the United It was the sense of the Soviet States, ple institution. They know that they States of America where we look at the if they were truly to become free states cannot have government alone, that it four-way test of rotary, which talks again and knowing that government will not serve the needs of citizens of about the betterment of all concerned, could never provide everything to ev- Poland, or Czechoslovakia, or one of which looks at the other side of the erybody, that they would have to re- those nations that was barricaded and coin, which always asks about someone ignite voluntarism in the voluntary imprisoned behind the Iron Curtain. else. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3865 Look at the Kiwanis Club, the slogan I will never forget Charles Wilcox. call the United States of America is of which is ‘‘We Build.’’ It has been ex- One time after a dusty, hot baseball helping each other, and we should not ported to nation after nation. It has practice, he took the whole team to the put these cornerstones at odds. We been embraced by cultures all around root beer stand, and he walked up to should not say to people, in order to the globe, but it is something that the window and said the most generous help someone else, you have to put started in the United States of Amer- thing I have ever heard in my entire your family at risk. That is what we ica. It is something that is so universal life. It almost knocked me over as a have done with a tort system that has and so important to the fabric, to the boy. He said to the fellow inside the awarded judgments like $4 million very tapestry that defines what this root beer stand, ‘‘This is my team. Fill against Scout leaders, that has award- Nation is that it crosses party lines em up.’’ It had never happened to me ed judgments against a Little League just like that. before and perhaps has not happened to coach who moved someone from short- You have four Presidents of the Unit- me since. I think soda pop is pretty stop to left field. ed States joining together, Republicans commonplace these days, but back in Let us get serious. The Presidents, and Democrats, in the Presidents’ sum- the 1950’s, when someone walked up to past and present, know what America mit on voluntarism, and you have a the root beer stand and said, ‘‘Fill em is about. It is in the hearts of Ameri- person who in most societies would be up,’’ it was a big thing. cans across this country. We want to considered to be an individual who I do not want the Charlie Wilcoxes of make it possible for people again to ex- knows how to deploy military re- this world not to be able to do that tend themselves in a voluntary way sources and how to fight and how to anymore. I do not want them so afraid without putting their families at risk. hate and how to kill but an American that when they coach the Little That is the long and the short of what whose heart really is in how to help, League team, they are going to have to we want to do. Gen. Colin Powell. He is heading up the put on their family the risk of finan- I think it is entirely inappropriate entire focus again on voluntarism. It is cial ruin. We have seen the cases, the for some in this Chamber to stand something that is the character of this shear lunacy of cases where the coach against us, for those whose President country. It is what makes us commu- is sued because the youngster was has called us to a summit on volunta- nity. Frankly, it is richer than cul- moved from shortstop to left field and rism to say no, we are not going to tures that rely on Government and en- got hurt when a fly ball hit him in left allow any discussion of that in the Sen- titlement for all the things that are field. His mom had said he was a born ate, we are not even going to proceed done. It is not universal in the world. shortstop. Who is going to be the coach to the bill; we do not want you to have In lots of places people think that if you can get sued when you move a chance to vote on it. That is what charitable things are wrong, that it someone to left field? this filibuster by the Democratic Mem- should be done by Government, so no We have seen the ridiculous cases bers of this body is achieving right one ever owes anyone else. where the youngster insists on sliding now. It is keeping us from voting on Well, in America we do not owe each in headfirst and then injures himself this bill. This is not the bill itself we other. We love each other. And the idea and the coach is sued because the are talking about. We are talking of voluntarism is a way that we can ex- tend to each other and build the chords youngster slides headfirst instead of about the motion to proceed. This is of community that bind us together. feet first, in spite of the fact that the technical gobbledygook of the Senate. The poets from overseas have said it youngster has seen all the big leaguers But in order to consider a bill, you well: Never send to know for whom the doing it time after time after time. But have to succeed in passing a motion to bell tolls; it tolls for you. if that coach is going to lose his home, proceed to the bill, and we are being That is why I have been involved in if his children cannot go to college be- filibustered on the motion. It is time all kinds of charitable endeavors. I re- cause he is generous enough to care for for all Americans to again enlist in member even when I was Governor of someone else, we will certainly have this great enterprise of community my home State, when a child was lost cheated a lot of young people out of a which we call America and help each close to the State capital 20 or 30 miles lot of helping hands. other, and it is time for the Senate, away, I walked through the woods dur- When I was at the summit this last Members of the Congress, to build a ing the night with hundreds of other weekend in Philadelphia, each of these framework where we do not ask people individuals to find the child. We were Presidents called upon me personally. to choose between protecting their all kinds of people from all kinds of po- No, they did not come up to talk to me, family and helping other people. We litical persuasion, from all kinds of but they spoke to me, they spoke to have to say we will make sure your backgrounds, yet there we were walk- my heart. They said America needs family is protected if you are kind ing through the woods at night. I re- again to have a revival of individuals enough and loving enough and caring member in the great floods that af- who are willing to care for each other. enough to extend a helping hand, a flicted Missouri, I filled sandbags next I thought to myself, we need to make hand of care, compassion, and love to to people I did not know but people sure as Members of the Congress that those in your community. whom I loved because I cared for the we do what is necessary to make that I have been told we are on the bill communities, and I knew that if there possible. I think of the Scout volun- now. I am glad to know that we are on were ever a flood at my place, they teers on the west coast who allowed the bill. Yesterday we were on a fili- would be there with a shovel and their the boys to play touch football. When I buster to the motion to proceed, and I children with them, as mine were with was a Scout, we would never settle for appreciate the correction. I apologize me, filling sandbags. touch football, but these must have to Members of this body on the other That is what America is about. We been very good leaders, interested in side of the aisle. I would not impair or would not want to do anything to de- the safety of the youngsters. But one impugn their motive here. I am glad to stroy the capacity of Americans to got injured and he ended up with a $7 be on the bill. I think with that in help each other, to love one another, to million judgment against two of the mind we ought to make sure we all participate in community activities, volunteers. The appellate courts re- vote in favor of this. This is an out- charitable activities where we reach duced it to $4 million. I cannot imagine standing piece of legislation which will out to one another. How many times that was much of a consolation to stop the irrationality of asking people did dads, when I was a boy, haul me to those Scout volunteers. to choose between protecting their the ball game? My father traveled a Most people do not want to have to family and helping their neighbor. The lot. My father was an itinerant, in choose between helping the community history of this country is that we have some respects, minister at some times and protecting their family. No one not only protected our family; we have during his life and then traveled exten- really will ever say I will help someone enriched our families by helping our sively when he was involved in edu- else if I have to sacrifice my family, neighbors because we have been taught cation, raising money for the college. because we have a very strong commit- one of the most important values of But you know, there was always some ment to our families in America. It is life, that is, that we are not alone, that dad from the area who took me to the a cornerstone of what we are. But a we live together in community. game. similar cornerstone of this house we I thank the Chair. S3866 CONGRESSIONAL RECORD — SENATE May 1, 1997 Mr. COVERDELL addressed the I do not believe our policymakers The PRESIDING OFFICER. The Sen- Chair. have really quite understood how seri- ator from Alaska is recognized. The PRESIDING OFFICER. The Sen- ous this is. Everybody is busy with all Mr. MURKOWSKI. Mr. President, I ator from Georgia is recognized. their activities and their agenda, appreciate my colleague from Georgia Mr. COVERDELL. Mr. President, I whether you are the President of the recognizing the North Pole. commend both the Senator from Idaho United States or you are running a First, let me say a few words about and the Senator from Missouri for store or you are the mayor of a local the effort of my good friend from Geor- their statements. Senator ASHCROFT is town. No one realized the field changed gia in bringing to the attention of this a cosponsor, as is Senator CRAIG, and in the 1980’s; the volunteer was not as body, as well as to the Nation, the im- they both have devoted extensive ac- free to step forward. It happened in the portance of the Volunteer Protection tivity and time and energy to the pro- 1980’s. So, this legislation is necessary Act. The issue before us is vital; it is a motion of this legislation. to try to recreate the environment matter defending the noble act of per- Mr. President, I am going to talk a that has so enriched our Nation and sonal sacrifice and contribution for the little bit more about the bill and then our country. benefit and good of others. So I com- move to a quorum call. It is my under- Mr. President, I will take a minute. I mend the Senator for his diligence, the standing there are several Senators have mentioned several times I am the time he spent on the floor, and the ef- who wish to speak as if they were in former Director of the U.S. Peace fort that has been made. And I look morning business. It would be appro- Corps, which is one of America’s pre- forward to supporting the effort for the priate with us. We have now had a full eminent institutions of voluntarism. Volunteer Protection Act which has hour framing S. 543, but I want to just There have been about 150,000, since been introduced by Senator COVERDELL go back to the summit a minute and 1961, who have gone all over the world, of Georgia. Let me just ask my colleagues to quote three prominent figures in Amer- and their voluntarism does not stop bear with me for a moment. As we ican life. As First Lady Hillary there. In fact, the original charter of know, this past week President Clinton Rodham Clinton put it in her column the Peace Corps has a third mission: last week in the Washington Times: and other prominent Americans ap- Go where you are asked to go, be of as- peared in Philadelphia. Philadelphia is Whether through tutoring children, pick- sistance to the people there—and bring ing up litter on a highway, or providing free the city where our American heritage the knowledge of the world back home. is rooted. What better place to come to legal counsel to a needy client, we all have a So we continue to ask these volunteers chance to help address problems in our com- for the recognition of voluntarism and munities and enjoy the satisfaction that to serve when they return, and thou- what it means to this country, because comes from being good neighbors. What we sands of them do. Many of their activi- those who founded our Constitution— may not realize is that in the process we are ties are addressed at the very core of our early efforts to formulate the prin- also strengthening our democracy. Democ- the summit call—children. ciples of this country—were all volun- racy depends on citizenship and citizenship As you might expect in an institu- teers. They were volunteers coming depends on people voluntarily contributing tion like that, there is a lot of discus- forward and contributing their knowl- their time and performing services that their sion about voluntarism. There would country needs. edge, their expertise, their willingness be discussion, from time to time, to formulate a nation. So it was cer- She is absolutely correct. I have al- about: Should they receive greater ways believed, Mr. President, the gen- tainly appropriate that a summit on compensation? Would that create more voluntarism was held in the city of esis of the American spirit is that we volunteers? And you always came up are a free people, and if you really Philadelphia during the past week. But with the same answer, that what we what did this summit really accom- want to know the roots of voluntarism, wanted was the volunteer who will- plish? because it is uniquely American, it is ingly stepped forward and wanted to do I am told there were balloons, because we have been free and we have it and there was not another incentive. streamers, speeches, and a lot of good unleashed spirits and thinking and ac- They were not doing it for a check. photo ops. But, unfortunately, we have tivity which the world has never seen They were doing it to serve. Because, to look at the bottom line and ask nor compared. What we are talking when you alter that chemistry, the what was accomplished? How much was about here in this legislation is there whole interaction between the volun- accomplished? It brought the issue to has evolved in the last decade and a teer and the beneficiary changes, and the American people. But, specifically, half a constriction, a choke, on that you create a completely different kind what did we get out of it? Because I kind of freedom. We have chilled it. of interaction. think the summit ignored the fact What we are seeing is the same kind of I mentioned the story yesterday of that, in order for the spirit of volunta- thing that happens anytime a govern- the fellow who was helping train in the rism to flourish, you must, first of all, ment or practice becomes engaged in Civil Air Patrol. He even had to spend have real reform in our American judi- constriction of freedom and the natural his own money to do it. But as he got cial system. activity of human beings. out of the car he turned to me and he What the Senate is basically doing We have, unwittingly I believe, had said, ‘‘But the payback is when I look today, and what we have been trying to evolve a situation where the volunteer in their faces, when I see their pride do for the past 4 days—for the past 4 has become a target, and they have be- and sense of accomplishment.’’ That is days—is not put on a highly publicized come fearful of it, which is a step back a volunteer. summit about voluntarism. We are try- from freedom. Fear is one of the first This issue of legal threat changes the ing to reform a justice system that de- things that happens when people, for chemistry of the volunteer. It changes ters voluntarism. whatever reason, begin to lose their the component of the interaction be- I am pleased, after several days of freedom. They become fearful and their tween the volunteer and beneficiary procedural delay, we have finally begun behavior changes. The explosion of vol- and alters their behavior, sometimes to debate on this important legislation. untarism in America was born in free- the point of causing it to cease. This is Mr. President, recent congressional dom, and the constriction of it is oc- a very important piece of legislation, findings reveal that our legal liability curring because they do not feel as free and it is about America. It is not very system deters voluntarism. In fact, ac- to do it. They fear harm. They fear ret- complicated—12 pages. But it is right cording to the testimony given before a ribution. They fear consequences. They near and sitting up beside the heart congressional committee last year, one fear for their families. So they alter and soul of who we are as a people. We in six volunteers withholds his or her their activity, and the Nation and the need to get this done. services due to the fear of exposure to neighbor suffer. This legislation is de- Mr. President, I yield the floor. I see a lawsuit. That is the system that we signed to remove the fear and come we have been joined by the distin- have unfortunately devised. If that fig- back to the genesis of freedom to make guished Senator from—Alaska. ure is applied to the number of volun- choices, freedom to help the person The PRESIDING OFFICER. Who teers in nonprofit organizations alone, cross the street or the person suffering seeks time? we might see as many as 100,000 have from the flood that was described yes- Mr. MURKOWSKI addressed the had to decline to serve because of the terday. Chair. fear of being sued. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3867 America’s litigation explosion forces mon-sense reforms will create an at- Protection Act will do that, and so will nonprofit organizations to spend an mosphere which will nurture volunta- the legislation that I am introducing. ever-increasing amount of time and re- rism. This legislation will foster the Volunteers who provide transport serv- sources preparing for and avoiding law- spirit of voluntarism, not just speak ices should be allowed to deduct such suits. The American Society of Asso- about it at a photo op. costs at a rate which fairly reflects ciation Executives testified before Con- For centuries, volunteers in America their true out-of-pocket costs, and this gress last year that the association’s have fed our hungry, sheltered our is precisely what the bill does. liability insurance premiums increased homeless, instilled values in our youth. I urge my colleagues to join with me an average of 155 percent; one in eight Volunteers are vital, as we know, to in sponsoring this important legisla- nonprofit organizations reported an in- our survival as a moral nation. It is tion. crease of insurance premiums of 300 time we gave volunteers something in Mr. President, I have a letter of sup- percent alone. This has put some of our return, and that something is this leg- port for my bill from the American Le- most revered nonprofit organizations islation that will protect them from gion. I ask unanimous consent that at risk. frivolous and outrageous legal attacks this letter be printed in the RECORD. For example, Dr. Creighton Hale of that are the result of a judicial system There being no objection, the letter Little League Baseball reports that the in desperate need of reform. was ordered to be printed in the liability rate for a league increased Finally, there is something else I be- RECORD, as follows: from $75 to $795, in the last 5 years. Be- lieve we should do to encourage the THE AMERICAN LEGION, cause most leagues cannot afford such volunteer spirit in America. This is to Washington, DC, April 24, 1997. an expense, many operate without in- allow volunteers to get a more realistic Hon. FRANK MURKOWSKI, tax deduction for their travel costs as- Member, U.S. Senate, surance. Some have, unfortunately, Washington, DC. been disbanded altogether. The bill be- sociated with charitable activities. DEAR SENATOR MURKOWSKI: The American fore us protects volunteers from liabil- Later today, I, along with Senator Legion fully supports the ‘‘Charitable Travel ity unless they cause harm through COCHRAN, will be introducing the Char- Equity Act of 1997,’’ to amend the Internal reckless or criminal conduct. itable Equity Mileage Act of 1997. This Revenue Code of 1986 to increase the stand- This common-sense approach legisla- bill will increase the standard mileage ard mileage rate deduction for charitable use tion would put an end to tragic liabil- rate of deduction for charitable use of of passenger automobiles. an automobile from 12 cents a mile to Not only does The American Legion ap- ity cases such a 1990 negligence case in plaud the increase in the mileage rate deduc- which a Chicago jury awarded $12 mil- 18 cents a mile. I think this bill should tion, but more importantly this measure lion to a boy who was injured in a car be unanimously supported by my col- fixes the problem that has not allowed for in- crash. Who was the negligent party? leagues on both sides of the aisle. cremental increases without an act of Con- According to the jury, it was the estate Further, many of our citizens who gress action. The standard mileage rate de- of the volunteer—the estate of the vol- volunteer for charitable activities do duction for business use of passenger auto- unteer, who gave his life attempting to incur expenses for which they are not mobiles has increased significantly while no save that boy. reimbursed. For example, when an indi- adjustments were made in the charitable use Here are just a few other examples of vidual uses his or her automobile to de- rate. Granting the Secretary the authority liver a meal to a home-bound elderly to make prescribed adjustments will provide recent outrageous litigation which fairness and promote additional volunteer- threatens voluntarism. individual or to transport children to ism. In Oregon, a boy on a Boy Scout out- Scouting activities, the volunteer usu- Thank you for your continuous leadership ing suffered a serious injury while ally pays the transportation costs out on behalf of America’s veterans and their de- playing tag football. The court dis- of his or her own pocket with no expec- pendents. missed the original lawsuit filed tations of reimbursement. I believe the Sincerely, against the Boy Scouts, due to an in- costs associated with charitable trans- STEVE ROBERTSON, portation services ought to be deduct- Director, sufficient nexus between the Boy National Legislative Commission. Scouts and the youth’s injury. The in- ible at a rate which fairly represents the individual’s actual costs. This is es- Mr. GRAMM addressed the Chair. jured boy then decided to sue the vol- The PRESIDING OFFICER (Mr. unteers who supervised the game. In pecially important for volunteers liv- ENZI). The Senator from Texas. one of the largest monetary verdicts in ing in rural communities who have to Mr. GRAMM. Mr. President, I ask Oregon history, the jury found the two travel long distances to provide com- unanimous consent to be recognized as volunteers liable for $7 million. munity services. in morning business. When a 10-year-old boy in New Jersey Congress, in 1984, set the standard The PRESIDING OFFICER. Without lost a fly ball in the Sun during Little mileage exemption deduction rate of 12 objection, it is so ordered. cents per mile for individuals who use League practice, the ball dropped and f hit the boy in the eye. The boy’s coach- their automobiles in connection with es were sued for negligence. charitable activities. At the time the BUDGET NEGOTIATIONS In Oklahoma City, a member of an standard mileage rate for business use Mr. GRAMM. Mr. President, we have amateur softball league was so angered of an automobile was 20.5 cents per been in the midst of a filibuster where when he was ejected from a game that mile. In the intervening 13 years, the our President and many of our notable he drove away in a fit of rage and business mileage rate has increased to leaders around the country have gone crashed his car. So what does the eject- 30.5 cents per mile, but the charitable to Philadelphia and called for an ex- ed player do? He files a suit against the rate has remained unchanged at 12 pansion in voluntarism, something umpire. cents per mile because the Treasury that we all believe in, something that According to William J. Cople, a Department does not have the author- America was built on. Washington lawyer who is pro bono ity to adjust the rate. By raising the We have a bill on the floor of the counsel for the Boy Scouts of America, charitable rate to 18 cents a mile, my Senate now to try to protect volun- ‘‘Volunteers have simply been swept legislation, I think, restores the rela- teers from frivolous lawsuits which away in the hysteria of litigation. . . . tionship that existed in 1984 between threaten the whole process, and we are Suits are brought for almost anything, the charitable mileage rate and the in the midst, basically, of a stall and a under any circumstances.’’ What good business mileage rate. In addition, the filibuster by our Democratic colleagues comes from these suits? Well, about all legislation authorizes the Secretary of in opposition to this bill. you can say is that they keep a lot law- Treasury to increase the charitable In this lull, I wanted to take the op- yers in business. mileage rate in the same manner as is portunity to come to the floor of the Mr. President, the bill we are debat- currently allowed for business mileage Senate and, for the first time, publicly ing will help put an end to such unwar- expenses. make a comment on the emerging ranted litigation. This bill creates a All of us agree that, with the chang- budget agreement. system in which plaintiffs sue only for ing role of the Federal Government, we Mr. President, I believe that the good reason and sue only those who are need to do more to encourage volunta- budget agreement that is now emerg- responsible for the damage. Such com- rism in our country. The Volunteer ing is a good political deal, but it is a S3868 CONGRESSIONAL RECORD — SENATE May 1, 1997 bad budget. It is a good political deal which, historically, has acted inde- years away from insolvency, we are because, in a sense, it gives both par- pendently, the Bureau of Labor Statis- going to manipulate the Consumer ties in the negotiation what they want. tics, to try to come up with a measure Price Index and reduce benefits, but we The President in this budget negotia- of what inflation is, what consumer are not going to put those benefits tion gets what he wants. He gets an prices are. back in to saving the Social Security ironclad guarantee that the era of big Obviously, no statistic is perfect. In trust fund. Government is alive and well and guar- fact, we have had a debate in econom- We have the highest tax rates in anteed in Washington, DC. He gets new ics for 40 years about whether the American history. No American has entitlement programs. He gets the re- Consumer Price Index is a good meas- ever lived a day where the aggregate establishment of entitlements that we ure of the cost of living. To listen to tax rate, where you are looking at eliminated in welfare reform. He gets politicians talk about it in the last 4 or taxes at all levels of Government, was more social spending than President 5 years, there is this unanimous opin- as high as it is today. Never; not a day. Carter and nearly twice as much as in ion among professional economists But what we are doing by manipulating the 1960’s under Lyndon Johnson. The that the Consumer Price Index over- our statistics is we are raising taxes on President, in this emerging budget states inflation. Let me say that there working families, and we are all doing agreement, gets the one thing that he are only two economists in the Con- it sort of quasi under the table. cares most about, and that is a guaran- gress, DICK ARMEY and myself, and we I will offer, when we debate the budg- tee that Government is going to con- both oppose the change in the et, an amendment which I think is a tinue to grow and that its presence in Consumer Price Index. In fact, econo- pretty important amendment. In fact, I the American economy and American mists are split on this subject. am going to call it the CPI Social Se- society is going to continue to be domi- No less an authority than Milton curity and Tax Equity Improvement nant. Friedman, Nobel Prize winning econo- Act. What this amendment is going to In a sense, Republican Members of mist, perhaps the best known econo- say very simply is this: That rather Congress get what they want. We get to mist on the planet and probably the than having a bunch of politicians ma- claim a tax cut. We get to claim that most able, has concluded that the CPI nipulate the Consumer Price Index to we have delivered on a campaign prom- may well overstate the rise in private try to cut Social Security benefits and ise we made to let people keep more of prices, but it almost certainly under- raise taxes so we can spend the money, what they earn. There are still negotia- states the cost of living, which is the we ought to go ahead, since this has tions underway as to how big that tax measure that we are using it for. now reached such a political fever cut is going to be. But the problem is And why does the CPI understate the pitch to seize this money and squander that by politically manipulating the cost of living? Because it leaves out the it will not go away, we should leave it Consumer Price Index, something I will No. 1 cost of living for the average to the experts but dedicate the savings talk more about in a moment, what is working family in America. In fact, it to specific purposes. happening is that while on one hand we leaves out an involuntary expenditure So what I am going to propose is two are going to be guaranteeing a cut in that is bigger than health care, hous- things. In the budget, I am going to say taxes in the short run, by manipulating ing, nutrition, and transportation com- whatever we do to change the the measure of inflation upon which bined. The Consumer Price Index does Consumer Price Index, that every the Tax Code is built, we are guaran- not include the cost of Government, penny that comes from raising taxes on teeing increases in tax rates that will, does not include taxes and, therefore, working families ought to go back to over time, offset the cut in taxes that through that exclusion, Milton Fried- those working families to raise the de- we will claim from this budget agree- man argues it understates the true cost pendent exemption and the standard ment as a victory. of living, even though it might under- deduction first back to the level that The President gets what he wants: state the rise in the cost of goods and existed in 1950 in real dollars. Today, more Government and a lot of it. Re- services in the private sector. But the standard deduction is about $2,550. publicans get what they want, and that whether CPI overstates or understates In current-day inflation adjusted dol- is a claim of a short-term tax cut. But the Consumer Price Index, we should lars, in 1950, it was $3,800. let me say the American people do not not have political decisions being made So the first thing we would do with get what they want. The American peo- about economic statistics, and I would these savings that come with increases ple get no fiscal restraint. In the end, have to say, obviously, it was inevi- in taxes from changing the CPI, if Con- the American people will not get a bal- table in the Clinton administration gress does it in the budget, is we would anced budget. In the end, the American that the process of setting statistics take that money rather than letting people are not going to get a stronger was going to become politicized. Congress spend it, the part that comes economy from this budget. In the end, We are looking in this negotiation from raising taxes we use first to raise the American people are not going to underway at mandating, through an as- the standard deduction up to $3,800 a get any lasting tax relief from this sumption that it will happen in the fu- year, and then we would use it to re- budget. ture, a change in the Consumer Price duce marginal tax rates. And those This budget is a great deal for Wash- Index that will raise taxes over a dec- parts of savings that come from cut- ington, but it is a bad deal for America. ade by over $100 billion, and it will ting Social Security benefits, we would This is the kind of budget that comes raise taxes by changing the inflation put back in the Social Security trust about when the two great political par- rate and, therefore, pushing working funds, but we would set up real trust ties stop debating ideas and start con- families more quickly into higher tax funds with it. It would be outside the spiring against the public, conspiring brackets and lowering the value of the Treasury Department. It would not to promote their interest but not work- personal exemption and the dependent count as the internal debt of the Fed- ing either together or in contention to exemption, which are critical factors eral Government, because it is the debt promote the public interest. in calculating the taxes of working of the Federal Government to Social Let me say a little bit about the families. Security beneficiaries. When we pay in- Consumer Price Index and about politi- So the bottom line is, by deciding on terest on that debt, it would count as cizing it. a political basis where Members of an outlay of the Federal Government. America is a country where statistics Congress and the President have de- Today, it does not even count as an matter. Facts are persistent things. cided that we are going to manipulate outlay of the Federal Government Facts have an impact on what happens the Consumer Price Index, we are going when Social Security earns interest. in our country, and the measure of in- through that process to cut Social Se- Finally, we would set up a procedure flation affects everything from how curity and other benefits over a decade where we could look at having a real much you get in Social Security bene- by about $180 billion, and we are going trust fund, including real investments. fits to how much veterans receive in to raise taxes by about $120 billion. I also will introduce a bill that will retirement benefits to how much we What are we going to do with that establish an independent commission pay in taxes to how contracts are nego- money? We are going to spend every made up of all living American Nobel tiated. We have set up an agency penny of it. So Social Security is 15 Prize winners in economics and have May 1, 1997 CONGRESSIONAL RECORD — SENATE S3869 them, in conjunction with the Bureau bad deal in the making. It is a deal emergencies—and I am in favor of dis- of Labor Statistics, review for 6 that is a political deal with political aster relief—but I think it is very in- months the Consumer Price Index and ends. It is a deal that comes about structive that if you look at the num- make a recommendation to the Com- when we move away from the tradi- ber of States we have had floods in, and missioner of Labor Statistics. If she de- tional function of our great political then you look at the fact that we are cides, based on their recommendations, parties, which is to contest, which is to giving disaster assistance to 23 States, which will be made public, to change present competing ideas and then ulti- this disaster is taking on manmade im- the Consumer Price Index, then under mately allow the superior ideas to pre- plications made in Washington, and the the bill I will introduce, the part of vail. This budget really represents disaster is not just flooding houses in savings that come from raising taxes what I am sure will be portrayed in the North and South Dakota and Min- will go back to families to raise the media as great bipartisanship, but in nesota, but it is increasingly runaway standard deduction and cut marginal reality it is the two parties working to- Government spending at the expense of tax rates. The part of savings that gether to claim political victories for the taxpayer and at the expense of the come from the Social Security trust each party without achieving the ob- deficit. fund will go back into it, but into a jective that the American people seek. What I will propose is the amount of real trust fund that will be set up out- So I do not doubt that there will be money we are going to spend for an side the Treasury, and it would be ca- great support for this budget. When emergency this year, spend it, but do pable for the first time in American you claim you are balancing the budg- an across-the-board cut in other pro- history of making real investments. et, when you can demonstrate that we grams to pay for it. Then whatever we I am not here to criticize our leader are creating new entitlements and the spend next year, make it count as part or to criticize Senator DOMENICI for largest social spending that we have of the budget for next year; in other their work on these negotiations. We ever seen since the 1960’s, you are going words, for next year that it be offset all have to do the best job we can do. to have a lot of Democrats who are against other programs that we might We all have to try to achieve what we going to support this budget. When you have spent it on. believe in, and I am sure that if the ne- can claim, no matter how temporary it I know we will have colleagues here gotiations are completed along the may be—with the procedures in this who will jump up and say, well, we lines that they have negotiated them, budget, we will over time raise income have people who have been flooded out that they will believe they have gotten taxes—but when you can claim that we of their homes. And we do. And we the best agreement they can get. But I are cutting taxes, even for a short pe- should help them. But shouldn’t we pay cannot and do not support an agree- riod of time, there are going to be some for it? What family would not like to say, ment where the President gets what he Republicans who find this agreement when Johnny falls down the steps and wants, a guarantee of big Government to their liking. breaks his arm, ‘‘Well, look. We don’t in perpetuity, new entitlement spend- Finally, there is pressure on us all, have any money. We have planned to ing, social spending the likes of which and there should be, to find a com- go on vacation this year’’ or ‘‘we were we have not seen since the 1960’s; Con- promise to balance the budget, to work going to buy a new refrigerator this gress gets what it wants, the ability to with the President. But I do not see an year. So we are just going to have to claim a tax cut, even though by manip- effort here to work with the President assume that Johnny’s arm gets fixed, ulating the measure of inflation, we to solve the problem. I do not see an ef- and it would be nice if somebody would raise taxes and, over time, offset that fort here to work with the President to come in from Heaven and just give us tax cut. gain control of spending. Both parties The problem is the President gets the money.’’ But that does not happen campaigned in the last election on con- in American families. What they have what he wants politically, Congress trolling spending. There is no effort to do is they have to go back and they gets what Congress wants politically, here to control spending. In fact, there have to not buy that new refrigerator but the American people do not get is a conspiracy here, a bipartisan one, or they have to not go on vacation. what they want politically. They want to increase spending. I do not see an ef- What I am saying is, help people who a real budget; they want fiscal re- fort here to guarantee and lock in a have been the victims of natural disas- straint. Nobody can claim that this balanced budget. I see an effort here to ter, but do not create a financial disas- budget exercises fiscal restraint. No- assume a balanced budget, so I see bi- ter by simply adding it to the deficit. body—Democrat, Republican—no one partisanship all right, but it is biparti- Let us provide disaster assistance, but can look at this budget and say that a sanship basically to achieve a political let us cut other programs that now, tough decision has been made, that goal for each political party. I do not with these disasters, we cannot afford. spending has been controlled. There is see bipartisanship to achieve a goal for Let me also note that this is not un- no fiscal restraint in this budget. America. expected. We have had a disaster every While we will be able to claim a Let me touch on two final points and year that President Clinton has been in short-term tax cut, the reality is there then I will yield the floor. office and we have not had the money is no permanent tax cut when you fac- We are going to bring up next week a to pay for it because we did not write tor in the change in consumer prices in supplemental appropriations bill. That it into our budget. It has averaged this budget. We do not guarantee in supplemental appropriations bill, for about $7 billion a year. There is noth- this budget a balanced budget. In fact, all practical purposes, raises the deficit ing unexpected. Every year in America this budget begins by assuming a bal- $8.4 billion, though there are some off- we have floods or hurricanes or torna- anced budget, for all practical pur- sets in the defense area. does or earthquakes. We know it is poses. By changing the underlying as- I remember when we had 43 Members going to happen. When we do not write sumptions in this budget, if we simply of the Senate who were Republicans, the money in our budget to pay for it, went with a spending level set out in and the Democrats tried to bring up a all we are doing is saying, let us bor- discretionary spending in current law, $17 billion so-called economic stimulus row the money and just keep spending. which is $4 billion for next year below package, and we blocked it. We now My answer is, let us pay for it by cut- what we are spending now—that is the have 55 Republicans, and yet next week ting other Government programs. law of the land—and we did nothing we are going to bring up an $8.4 billion I do not believe, Mr. President, that else under the assumptions of this spending bill where virtually every amendment is going to be adopted. budget, for all practical purposes, we penny of it is going to raise the deficit. There is no constituency that I can de- would have a balanced budget. We are already spending $22 billion termine in the Congress for controlling So a balanced budget is not achieved above what we said in our 1996 budget spending. But we are going to vote on by this budget; it is assumed by this we would be spending on discretionary it. We are going to know where people budget. In the end, this budget gives spending this year. stand on this issue. both political parties what they need I intend to offer an amendment next The final point I want to mention is politically, but it does not give the week. That amendment is going to do on the so-called CR. We all know that American people what they need and, two things. No. 1, it is going to say when the Government shut down, peo- as a result, I am not for it. This is a every penny we spend this year on ple were dislocated. I would have to say S3870 CONGRESSIONAL RECORD — SENATE May 1, 1997 that I think the President did an ex- Members in the House of Representa- judges and we are now in the fifth ceptional job politically of exploiting tives, the Republican Party has a ma- month. There are 100 vacancies. We it. I admire him for it. I think we did jority of the Members in the Senate of have had several vacations this year an inept job of explaining that in fact the United States. All they have to do, and we are now in May, even though the President vetoed the bill and shut if they have a budget they prefer to the budget resolution is supposed to be the Government down. anything the President has, is bring it here April 15. I think before we pass But in an unusual effort to have good forward and pass it. They have enough any more laws that allow us to escape Government, what Republicans are votes to pass it. And the President can- the responsibility for carrying out our saying on this appropriations bill we not even veto it; it is a budget resolu- actions in this body, we ought to do are going to vote on next week is, look, tion. So it is a little bit disingenuous what we are supposed to do. before we get into any disputes with to suggest that somehow the President (The remarks of Mr. LEAHY pertain- the President, let us just agree that if or anybody else is winning on this. ing to the introduction of S. 678 are lo- at any point during the year we cannot The Republican Party has the major- cated in today’s RECORD under ‘‘State- agree on how much money to spend to ity of votes in the House and the Sen- ments on Introduced Bills and Joint keep the Government open, that we ate. A budget resolution cannot be ve- Resolutions.’’) will keep it open temporarily at 98 per- toed. All they have to do is pass it. In f cent of the spending we spent last year, fact, the law requires that they pass it VOLUNTEER PROTECTION ACT OF which, by the way, is substantially by April 15—I mean, April 15 of this 1997 above the budget that we adopted last year, not next year. The law also re- year. quires that you and I, Mr. President, The Senate continued with the con- Our Democratic colleagues are say- file our income taxes by April 15. If we sideration of the bill. ing, ‘‘Well, no, we can’t do that. We do not, we get a knock on the door Mr. LEAHY. Mr. President, going can’t set out that if we can’t reach an from the IRS. Apparently nobody is back to the matter at hand, all of us agreement we will simply spend 98 per- going to knock on the door when the support the concept of volunteers cent of last year’s level.’’ They are say- Congress did not pass a budget resolu- working to help. In fact, this country ing that somehow we are trying to im- tion by April 15. could not make it without volunteers. But I suggest, before anybody goes pose priorities on the President. What I think of those volunteers in the re- tearing too hard after the President or we are trying to do is to guarantee that cent disastrous floods in the Dakotas anybody else that may have been nego- who worked 16- and 20-hour days to we do not have a shutdown in Govern- tiating a budget, with all due respect ment. I think our proposal is emi- pack sandbags, sometimes to protect to my friends on the other side of the homes and property and businesses of nently reasonable. And I intend to sup- aisle, if they do not like it, just pass port it. I do not intend to vote for this people they did not know and probably their own. They could have followed never would know. They just showed supplemental appropriations bill if we the law and passed one by April 15. do not have this provision to prevent a up, volunteered, and did it. They did not. I will not chastise them I think what happens, sometimes we fiscal disaster written into it. for not obeying the law, even though I think it is time for us to understand will get hit with a vicious storm in my they want the rest of us to. But just part of the world, power lines will come that we have an obligation, No. 1, to pass it, if you like. You can do it. I will pay for these bills, and, No. 2, to try to down, electricity will be out, and peo- also say, as far as passing an automatic ple gather to volunteer and help. I set out some way of gaining control of continuing resolution, whoa Nellie, runaway Federal spending. The prob- think of some people I have seen in that has nothing to do with cutting times when I have had the opportunity lem in Washington is still spending. We budgets. I am perfectly happy to vote to volunteer in what we call our Clean- are still not controlling it. That is for budget cuts. I voted for more suc- up Day. Cleanup Day in Vermont was what this debate is about. cessful budget cuts than an awful lot of begun by a dear friend and former Gov- I yield the floor. people in this body, I mean those that ernor of Vermont, Dean Davis. This is Mr. LEAHY addressed the Chair. actually passed in the Appropriations The PRESIDING OFFICER. The where thousands of Vermonters all Committee and elsewhere. Chair recognizes the Senator from Ver- But this idea of some kind of an over the State go out at this time of mont. automatic continuing resolution is just year—the snows are gone, we hope— Mr. LEAHY. Mr. President, as some a law that says we do not have to do and we will pick up trash all over the of my colleagues know, I was consider- our work. Now, by the end of Septem- State, beautify our roads, our streams. ing introducing, as a substitute to the ber we have to pass 13 appropriations In fact, I recall when my daughter bill by the distinguished Senator from bills. If we all just go off and take an- was the State director, and I went with Georgia and others, the bill of the dis- other vacation, do not pass them, then her and some others. We saw a little tinguished gentleman from Illinois, this law proposed by the Senator from piece of metal sticking up in a stream Mr. PORTER, as introduced in the other Texas and others would kick in, and and we decided to pull it, and more of body. I am withholding that because nobody would even know if we were out us pulled, and pulled and pulled, and we staff from my office and staff of the of town. got a car hooked up and pulled and distinguished Senator from Georgia I prefer we do our work. Maybe some pulled, and out came a sink—a whole and others have been talking about of the same people, some of the same sink. Somebody had tossed it in there. some additional amendments to the people who were unable to come up We cleaned it up. I hope that stream pending legislation that, if acceptable with a budget by April 15, who refused was better as a result. to all sides, would improve a number of to follow the law to come up with a I think of the men and women who the concerns that the Senator from budget by April 15, want this new wrin- work with children in my State, the Vermont has with the pending legisla- kle, this unprecedented wrinkle of ba- volunteers who work with the 4–H tion, concerns I will not go into again sically passing appropriations bills in Club, for example. During my 8 years here because the Senator from Ver- advance, because if you pass this law, as a prosecutor in Vermont, I went mont has discussed them on a number this continuing resolution, we can just back through the records of all those of occasions on the floor. go home. Maybe the American people who came in our juvenile courts in the While I was waiting to make that an- would like that, but I do not think we county where I was the States attorney nouncement, though, I could not but are meeting our responsibilities. So I or district attorney. We had about a hear some comments of the Senator think we should stop the gimmicks in quarter of the population. During 8 from Texas regarding the budget. the appropriations bills. And this is years in that juvenile court, we never Frankly, I will say to my friend from just one more. It is not an issue of had a person in there who had been ac- Texas or anybody else, if they are not whether you want to cut budgets or tive in 4–H or active in Scouting. Those happy with the recommendations being not. It is an issue of whether we do our people worked so hard at it and learned made by the White House or Demo- work. good basic values, but they had a lot of cratic Senators or anything else, the We have had several vacations this adults who volunteered to help in those Republican Party has a majority of the year and we confirmed two Federal operations. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3871 I daresay that every single Member made up most of the hearing—speeches we can say yes to the President’s call of this body is for volunteers. What I from Senators—but also answered the and yes to Nancy Reagan, when she am concerned about in this particular occasional questions with candor and said, ‘‘I hope from now on when some- bill is that it was introduced, we never integrity. It does not mean everyone body asks for a helping hand, you just had a hearing, we have never had dis- will agree with her answers. say yes.’’ This helps American volun- cussion of some of the problems—and She sure showed a streak of inde- teers do just what she requested: Just there are some significant legal prob- pendence, a streak that may have both- say yes. lems in it—and I think that of late the ered some, because she showed a will- Mr. President, I suggest the absence Senate has been acting that way, just ingness to look into inappropriate ac- of a quorum. taking up a big piece of legislation and tivity by Members of Congress as well The PRESIDING OFFICER. The rushing to the floor with it. as just at the White House, a matter clerk will call the roll. I raised a concern that various hate that I realize has caused some con- The legislative clerk proceeded to groups might be protected with their sternation to some on the Hill, but I call the roll. volunteers under this bill. The Senator think it is only fair. If we look at one Mr. BINGAMAN. Mr. President, I ask from Georgia, the Senator from Ver- end of Pennsylvania Avenue, we should unanimous consent that the order for mont, and all the others both for and look at the other end. I am sure the the quorum call be rescinded. against this have a total abhorrence of distinguished Presiding Officer and The PRESIDING OFFICER. Without hate groups. There is not a single Mem- others would agree with me in that re- objection, it is so ordered. ber of this body that will stand for the gard. Mr. BINGAMAN. Mr. President, I ask kind of thing that so many hate groups Let us go to the bill at hand, let us unanimous consent that I be allowed to stand for. continue to work together. The Sen- speak for up to 10 minutes as in morn- What I have suggested is they should ator from Georgia has been dealing in ing business. be looked at carefully. How do you good faith, and he knows the Senator The PRESIDING OFFICER. Without make sure that even beyond the prohi- from Vermont has. We will continue to objection, it is so ordered. bitions against hate crimes that are in work and see if we can find something, f the bill that we have the prohibitions I hope, very soon. THE SUPPLEMENTAL against immunizing various hate I see the Senator from Georgia on the APPROPRIATIONS BILL groups? Do we immunize the volun- floor, and I yield the floor. teers, and do we go further and immu- The PRESIDING OFFICER. The Mr. BINGAMAN. Mr. President, I nize large organizations that might Chair recognizes the Senator from want to speak a little bit about the utilize volunteers and might not take Georgia. supplemental appropriations bill, the kind of care they should for the Mr. COVERDELL. I thank the Sen- which I gather will be on the floor here people that come in there, absent those ator from Vermont for his remarks and probably next week, and this issue volunteers, or absent that immuniza- his interest and dedication to the ef- which has come to light about the ef- tion? fort. fort to put a so-called continuing reso- Let me give an example. If you have I respond to him that, indeed, the ef- lution onto the supplemental appro- a large for-profit hospital, the kind of fort to try to mesh the concerns on priations bill. I want to just try to hospital where some of the administra- both sides is eagerly being addressed make sense out of that as best I under- tors and owners of it will make mil- right here at the moment, and there stand it and describe my recollection of lions of dollars a year, where the daily are some positive indications, and I am things. care of the patients—nurses, nurses hopeful that between the Senator from There has been a lot of talk in the aides and others, of course, make a Vermont and his staff and ours and last few days about the shutdown of tiny infinitesimal fraction of that—are others that are interested in the sub- Government that occurred in the last augmented by people who willingly ject, that we can show some very posi- Congress. I was here at that time and I come in and volunteer in those hos- tive, bipartisan effort here maybe in remember the occasion. What was hap- pitals, who are not the millionaire ad- the next couple of hours or so. Again, I pening, as I recall it, was that the ministrators, do we want to set it up so thank him for the effort to create the President indicated very clearly in the millionaire directors are somehow atmosphere that would allow us to per- public statements and private state- removed from that because they were haps bring resolution to this matter ments, in a variety of ways, that he wise enough to bring some volunteers this afternoon yet. would not sign appropriations bills in? Now, I do not think anybody wants Mr. President, I also say I think it is that contained major cuts in education to do that. fair to note that the issue has been be- and some of the funds for enforcement So let us look at this legislation. As fore the Congress in one form or an- of the environmental laws in particu- I said, I think we could have avoided other since 1985. This is the first time lar. Those were areas of great concern several days of discussion and cloture that we have really had legislation— to the President. He indicated that he votes and everything else if we had just that is 12 years. So we are really not wanted Congress to agree with him to done what we normally do or should do dealing with a subject matter for which maintain funding in those areas—not around here, and that is have a hearing there is unfamiliarity. We are really necessarily increase it, but at least on it. I am the ranking member of the trying to hasten the coming together. maintain funding in some of those Judiciary Committee, and we are not There is a propensity in Washington areas before he would sign those bills. having to take much time for hearings and in the Congress to mull things a In spite of those statements to that on Federal judges and nominations bit long. We have had a summit in effect, the majority here in Congress even though there are 100 vacancies in Philadelphia where we have had the sent those bills to the President and he the Federal courts. We had time to President and three former Presidents, vetoed them. Accordingly, we had a spend the whole day yesterday to beat 30 Governors and 100 mayors say, ‘‘Now shutdown of the Government. There up on Janet Reno in a hearing. We is the time. Now is the time.’’ They was no funding available through that could have had time to take a couple have called on over 2 million Ameri- appropriations process for those areas hours to hold a hearing on this bill and cans to step forward. We want them to of the Government that were covered probably corrected the problems and be able to step forward and not get by those appropriations bills. So, es- we would have taken up a lot less time tripped up. This is exactly the time for sentially, what was going on was that of the Senate in the long run. us to be addressing this legislation. It the majority in Congress was trying to I found very interesting the hearing has been studied, reviewed, and argued force-feed the President to accept some with Attorney General Reno. At the for 12 years. We are down to, as I have proposals and some cuts in funding end of 7, 8, or 9 hours, whatever it was, said many times, 12 pages. I am very that he was not willing to accept, and I commended her. She had listened to hopeful that people of good faith and that precipitated a crisis. Some felt interminable speeches punctuated by good will on both sides can mesh these strongly. Some in the majority party— an occasional question. She showed 12 pages together and, hopefully, by the the Republican Party—at the time felt equanimity during the speeches, which end of the day, at least in the Senate, strongly enough about it that they S3872 CONGRESSIONAL RECORD — SENATE May 1, 1997 were willing to just keep the Govern- amendment, it would say that if the this year, on the budget resolution and ment shut down and not send another Republican majority in Congress does on the appropriations bills. We can continuing resolution, not agree to not send the President an appropria- have a debate about what the right fund Government at the steady State tions bill he will sign, an acceptable level of spending ought to be in each of level, but to allow the Government to appropriations bill, in any area, there these other areas. stay shut down as a way of gaining le- will be allowed to be continued funding We should not at the very beginning, verage in those negotiations. I believe in those areas at a rate of 2 percent before we have a budget resolution, be- it was on the 18th day of, I think, the less than this current fiscal year. The fore we have any appropriations bills, second shutdown when Senator Dole, difficulty with it, of course, is that it have some kind of legal provision that the leader in the Senate, finally came again changes the dynamic very great- says, unless the President agrees to to the Senate floor and spoke and said ly against a real compromise occurring what the Republican majority in Con- that he believed enough was enough between the Executive and the Con- gress sends him, that he has to settle and he himself was going to urge that gress on these very important funding for a 2-percent cut in all areas: edu- a continuing resolution be passed in issues. cation, environmental protection, and order to go ahead and at least keep the It says to the President, ‘‘Look. Be- all of the other areas. Government funded on a steady-state fore, you had the ability to veto an ap- That is what this continuing resolu- basis while negotiations between the propriations bill which you disagreed tion provision would do. It needs to be President and the Congress continued. with, and then everyone had to go back dropped from the supplemental appro- I came to the floor right after Senator to the table.’’ Now, if we add this con- priations bill if we are going to go Dole spoke, or I was here at the time tinuing resolution provision to the sup- ahead and pass this supplemental ap- he spoke, and I commended him for his plemental, that requirement won’t be propriations and have it signed into decision to break with the House lead- there anymore because there will be no law. It is very important that it be ership and to go ahead, after 18 days of pressure on the Republican Congress to signed into law, and sooner rather than shutdown, and finally go ahead and go back to the table and negotiate fur- later. fund these departments of the Govern- ther with the President. The President Mr. President, I yield the floor. ment. Many of his colleagues here in will, if we send an appropriations bill Mr. President, I suggest the absence the Senate followed his lead after that that he determines is unacceptable for of a quorum. and agreed to go ahead and pass a con- whatever reason and he vetoes it, as The PRESIDING OFFICER. The tinuing resolution to fund those areas called for in the Constitution, then clerk will call the roll. of the Government. there is no pressure on the Republican The bill clerk proceeded to call the That was the shutdown, as I recall it. leaders in Congress to renegotiate. roll. That is a general description of the They will have in place at that point a Mr. COVERDELL. Mr. President, I shutdown that occurred. What we have continuing resolution, which will have ask unanimous consent that the order now is a bill to provide very important been part of the supplemental, which for the quorum call be rescinded. funding for a variety of subjects. It is says we are going to fund everything, The PRESIDING OFFICER. Without all wrapped into this supplemental ap- and, by the way, the funding level is objection, it is so ordered. propriation. It is a supplemental, of going to be 2 percent less than it was in The distinguished Senator from course, because it is not one of the reg- the previous year, or, in the case of Georgia is recognized. ular appropriations bills which we do areas such as education, it is going to f each year. It is a supplemental that be 7 percent less than he requested for comes at an unusual time, and the this year. That will be the steady rate, VOLUNTEER PROTECTION ACT OF time that we are dealing with this has and that will be the continuing situa- 1997 been driven, perhaps as much as any- tion from now on. So there is no pres- The Senate continued with the con- thing, by the natural disasters that sure for the compromise that the Con- sideration of the bill. have occurred in particular parts of the stitution contemplates between the ex- Mr. COVERDELL. Mr. President, we country, in North Dakota, South Da- ecutive branch and the legislative are very hopeful, now that we have got- kota, Minnesota, and in some other branch to occur. I think it is a very ill- ten to S. 543, an accord that deals with areas as well. There are some other advised provision. the views and concerns of both sides provisions in this supplemental which I think the President is taking the can be reached, but that is not the case are also very important. My home right position by saying that he will as yet and I thought I would take just State of New Mexico will be able to re- not agree to this kind of continuing a moment on something I wanted to ceive, under this supplemental, $14 mil- resolution being adopted as part of this acknowledge during the course of the lion of desperately needed highway supplemental. But basically, if the debate. funds, which should have been provided Congress says to the President, I found it very interesting that one of to us under last year’s bill and which I If you want this relief for these flood vic- the periodicals that came out following made a major point about in the last tims, if you want this money for highways in the summit in Philadelphia quoted Congress. We had been fighting to get New Mexico, if you want this money for President Clinton and President Bush. Head Start, or for title I, or any of the other I want to share that with the Senate. this money for over 6 months. We lost provisions in this supplemental, then you it in the last set of appropriations bills. have to agree to a spending level that is 2 President Clinton said: This year, we have been able to per- percent below this current year’s level in all I am keenly aware of the need for strong, suade the appropriators to include it in of these other areas, unless we are able to caring adults in a child’s life. My mother this supplemental, and I think that is a send you something else that is preferable at taught me to see opportunities where others very important step forward. So there a later date. see only challenges. My grandfather took me are provisions in this bill that are im- This is not an acceptable proposal. I with him, visiting with neighbors and teach- ing me about people. My grandmother read portant to my State highway funds, think the President is correct in refus- aloud to me every day so I would be able to title I funds, as well as, of course, the ing to agree to it. read before going to kindergarten. I want provisions that are intended to assist We on the Democratic side are cor- children in every family and community to with the disaster relief, which is so rect in refusing to agree to it. What we have the same chance I did. needed by many families that have should do, and what I believe the President Bush said: American people would like us to do, is been devastated by the weather and by I said it as President and I’ll say it again: the floods that they have experienced to go ahead and approve the supple- Someplace in this country every problem in recent weeks in these areas of the mental appropriations bill, go ahead that plagues us is being solved through vol- Midwest. So that is where we are. and appropriate the funds for flood re- unteerism, whether it’s drug addiction, The problem has come up that there lief, go ahead and appropriate the funds street crime or teenage pregnancy. Some is an amendment being included in the for the additional highway funding, go community, through volunteers, has solved supplemental appropriation that is an- ahead and appropriate the additional the problem. other continuing resolution, and it funds for title I. Then we can have a Both of these Presidents have point- says that essentially if we adopt that debate, as we go through the rest of ed, as most of the summit did, to the May 1, 1997 CONGRESSIONAL RECORD — SENATE S3873 shortfall that is occurring among and that Congress has kept barred for over building any U.S. passenger ship of this for many of the youth of our Nation, 100 years. By opening this door, we are type. And no one has built one in over which is again why I think it is so im- going to create thousands of new jobs, 40 years. The S.S. United States was the portant that S. 543 garner passage here hundreds of millions of dollars in eco- last one. today, because it will free up so much nomic activity, and significant revenue Let me again emphasize that it is not energy to address this problem. for the Federal and State and local 1886 anymore. These days, no one is The other point I want to reiterate is governments. Furthermore, that door building any U.S.-flagged, U.S.-crewed, that when you read through the state- can be opened with no adverse impact U.S.-built cruise ships of the type that ments and the work of General Powell on any existing U.S. industry, U.S. are in the cruise business and sail out and the others at the summit, they are labor interest, or on the environment. of Caribbean ports in the wintertime not only talking about voluntarism but And it will cost the Federal Govern- and out of Vancouver, British Colum- they are talking about voluntarism ment nothing. bia, to Alaska in the summertime. that occurs in very troubled commu- There is no magic to this. In fact, it Because there are no U.S. vessels in nities. They use the terms poisonous is a very simple matter. This bill al- this important trade, the only real ef- streets and difficult environments. lows U.S. seaports to compete for the fect the Passenger Service Act has They are talking about not the every- ever-growing cruise ship trade, specifi- been to force all vessels sailing to my day idea of an American family. They cally to my State of Alaska, but all State of Alaska to base their oper- are talking about people who are prod- west coast ports, Tacoma, San Fran- ations in a foreign port, namely Van- ucts of broken families and very seri- cisco, Los Angeles, and so forth, would couver, British Columbia. ous difficulties. The issue that I have benefit. Further, it would encourage In essence, Mr. President, what we have here is an act of Congress prohib- tried to underscore with regard to S. the development of an all-Alaska iting U.S. cities from competing for 543 is that because these areas are so cruise business as well. thousands of jobs, and for hundreds of troubled and so difficult, it more than The bill I propose amends the Pas- millions of business dollars. This is ab- accentuates the need for some protec- senger Service Act to allow foreign surd. It is worse than absurd. In light tion, legal protection for our volun- cruise ships to operate from U.S. ports of our ever-popular election year prom- teers who are willing to go into this to Alaska and between Alaska ports. ises to keep the economy growing, I area, because they are going into an However, it also very carefully protects suggest it belongs to Letterman’s top environment, they are going into a sit- all existing U.S. passenger vessels by 10 reasons why Congress oftentimes uation that is troubled, volatile, abnor- using a definition of cruise ship de- signed to exclude any foreign flag ves- does not know what it is doing. mal, prone to difficulties and acci- Can anyone argue with a straight sel that could conceivably compete in dents, and conditions that would ele- face for the continuation of a policy the same market as U.S.-flag tour vate the threat of legal ramifications. that fails utterly to benefit any identi- So I think it is important that we are boats, ferries, vessels that carry cargo, fiable American interest, while ac- not talking out of the summit about et cetera. tively discouraging economic growth? some of the more traditional forms of Finally, it provides a mechanism to This is not the first time I have in- voluntarism, many of which are not guarantee that if a U.S. vessel, a cruise troduced this legislation. When I began surrounded with risk, but this call for vessel, ever enters this trade in the fu- the process, Alaska-bound cruise pas- 2 million people to step forward in a ture, steps will be taken to ensure an sengers totaled about 200,000 per year. difficult situation is all the more rea- ample pool of potential passengers. By last year, 445,000 people, most of son this Congress should take steps to Specifically, it would require that for- them American citizens, were making make it easier for those volunteers to eign-flag vessels of greater passenger that voyage. This year’s traffic may step forward. capacity will be required to leave the exceed 500,000 people. Almost all of Mr. President, I see my distinguished market upon the entry of any U.S. those passengers are sailing to and colleague from Alaska has come to the cruise ship. from Vancouver, British Columbia, not floor, and I am glad to yield the floor People say, don’t we have U.S. pas- because Vancouver is necessarily a bet- so that he might make his remarks. senger ships? We have one, just one ter port, but because our own foolish I yield the floor. left: the Constitution, that operates off policy demands it. Mr. MURKOWSKI addressed the the Hawaiian Islands. The last U.S. I have nothing but admiration for my Chair. passenger ship that was built to cruise friends in British Columbia and the The PRESIDING OFFICER. The ship capability, was the S.S. United city of Vancouver. They have done a Chair recognizes the Senator from States, nearly 40 years ago. We are sim- fine job. But we are simply spiting our- Alaska. ply not in the cruise passenger business selves and our own U.S. interests and it Mr. MURKOWSKI. Mr. President, I in the United States anymore, but for- is time we looked at this issue ration- thank my friend from Georgia for his eign ships from the Caribbean are. ally. The cash flow generated by this vigilance on this matter, trying to en- They move to Alaska and the west trade is enormous. Most of these pas- sure that volunteers in this country coast of British Columbia in the sum- sengers fly in and out of Seattle-Ta- are not subject to the extreme liabil- mer, where they carry passengers be- coma International Airport in Wash- ities associated with their actions tween American ports and foreign ington State, but because of this law which, obviously, benefit all of society. ports, but cannot carry passengers be- they spend little time there. Instead I commend him for his commitment. tween U.S. ports. What we are propos- they spend their pre- and post-sailing Mr. President, I ask unanimous con- ing is we simply allow those vessels on time in a Vancouver hotel, in a bus to sent I might make a statement as in the west coast to carry passengers Vancouver, at a Vancouver restaurant, morning business for about 6 or 7 min- from west coast U.S. ports such as San a Vancouver coffee shop, and when utes. Francisco and Tacoma, to Alaska, and their vessel sails it is loaded with food, The PRESIDING OFFICER. Without on intra-Alaska voyages. fuel, general supplies, repair, mainte- objection, it is so ordered. This is a straightforward approach to nance needs taken care of—by Cana- The Senator from Alaska is recog- a vexing problem that deserves support dian vendors. nized. by this body. There is nothing wrong with that, Mr. MURKOWSKI. I thank the Chair. Let us look at the facts. The U.S. but this business could be in the United f ports currently are precluded—let me States. According to some of our esti- emphasize this—U.S. ports are pre- mates, the city of Vancouver receives BENEFITS FROM CRUISE SHIPS cluded from competing for the Alaska benefits of well over $200 million a VISITING ALASKA LEGISLATION cruise ship trade by the Passenger year. Others provide more modest esti- Mr. MURKOWSKI. Mr. President, Service Act of—when? Of 1886. That act mates, such as a comprehensive study yesterday I reintroduced a bill that I bars foreign vessels from carrying pas- done by the International Council of introduced some years ago. I think it is sengers on one-way voyages between Cruise Lines, which indicated that in a very important measure. It is a meas- the U.S. ports. However, it is not 1886 1992 alone, the Alaska cruise trade gen- ure that will unlock and open a door anymore. These days, no one—no one is erated over 2,400 jobs for the city of S3874 CONGRESSIONAL RECORD — SENATE May 1, 1997 Vancouver, plus payments to Canadian cracks in the Jones Act. This bill even approach it are the Delta Queen vendors and employees of over $119 mil- would actually enhance, not impede, and the Mississippi Queen, both of which lion. opportunities for U.S. workers—ship- are approximately 3,300 tons and both If that business had taken place in yard workers and certainly longshore- of which are somewhat like 19th cen- the United States, in U.S. ports such as men, not to mention hotel and res- tury riverboats. They can operate on Tacoma or San Francisco, it would taurant workers, and many others who the Mississippi and other large rivers, have been worth additional Federal, would have a great deal to gain from but are entirely unsuitable for any State and local tax revenues of ap- this legislation. open-ocean itinerary. proximately $60 million. The bill has been carefully written to I cannot claim this legislation would I note that there is interest now in prevent the loss of any existing jobs in immediately lead to increased earnings ports in South Carolina to offer other trades. As I have said before, to U.S. ports. There are advantages of sailings along the eastern seaboard. It Puerto Rico already enjoys an exemp- operating out of Vancouver—the sail- is interesting to note also that we have tion from the Passenger Service Act. ing time to Alaska is shorter, and so already seen fit to exempt Puerto Rico We looked at that exemption—which forth. But I can say that it would allow from the Passenger Service Act, under has worked successfully—and drafted U.S. ports—ports like Tacoma and San less onerous restrictions than in this this effort with even more care in Francisco—to compete fairly for this bill, so that foreign vessels are allowed mind. lucrative business. to from the United States to the terri- Finally, there can be no suggestion Instead of being anchored by a rule tory of Puerto Rico. So we have made that this bill might harm smaller U.S. that is actively harmful to U.S. inter- these exceptions, they can work with- tour or excursion vessels built in U.S. ests, as I said at the beginning, this is out destroying the fabric of our life, yards with U.S. crews. The industry only a way to open the door so we can and there is no justification why this featuring these small vessels is thriv- look at what we are losing and look at should not also be done for voyages ing and doing well but simply does not what we can gain. from the west coast to Alaska. cater to the same clientele and same We heard a lot of talk about growing In addition to the opportunities now base as the larger cruise ships. For one the economy and creating jobs during being shunted to Vancouver, we are thing, the tour boats operating in Alas- the last years, and we all know that also missing an opportunity to create ka are much smaller. The smallest for- such changes are easy to talk about entirely new jobs and increased income eign flag vessel eligible under this is but difficult to accomplish. Here is a flow by developing new cruise routes Carnival Cruise Lines Wind Star, which bill that opens up the door to thou- between Alaska ports. is about 5,700 gross deadweight tons. It sands of jobs and hundreds of millions The city of Ketchikan, AK, was told overnights approximately 159 pas- of dollars, and can do it without 1 red a few years ago that there were two sengers. cent of the taxpayers’ money. Isn’t relatively small cruise lines that were By contrast, although the largest that worth thinking about? very interested in establishing short U.S. vessel in the Alaska trade is rated It has been 110 years since the cur- cruises within southeastern Alaska, at 138 passengers, she is less than 100 rent law was enacted, and it is time for and indeed, were interested in basing gross deadweight tons. This means a change. their vessels in Ketchikan. I am told there is a vast difference between these f such a business could have contributed two vessels. The small U.S. vessels VOLUNTEER PROTECTION ACT OF as much as $2 million or more to that should be protected from foreign com- 1997 small community’s economy and cre- petition, and our bill does that, but it ated dozens of new jobs, but because of does so with the realization that not The Senate continued with the con- the current policy, the opportunity all markets, and not all passengers, are sideration of the bill. simply evaporated. the same. The PRESIDING OFFICER. The Why, Mr. President, do we allow this The fact of the matter is that there Chair recognizes the Senator from to happen? This is a market almost en- is no significant competition between Georgia. tirely focused on U.S. citizens going to the two types of vessels, because the Mr. COVERDELL. Mr. President, I see one of the most spectacular States passengers inclined to one are not like- ask unanimous consent that during the of the United States, namely, Alaska, ly to be inclined to the other. The larg- pendency of S. 543, there be 30 minutes and yet we force them to go to another er passenger vessels offer unmatched for debate, to be equally divided be- country, Canada, to do it. We are luxury, personal service, onboard shop- tween Senators COVERDELL and LEAHY throwing away both jobs and money ping, entertainment, gaming and so or their designees, with an additional and getting nothing in return. Why is forth. The smaller vessels offer more 15 minutes under the control of Sen- this allowed to happen? The answer is flexible routes, the ability to get closer ator MCCONNELL; that there be one simple, but it is not rational. to the extraordinary natural attrac- amendment in order only, to be offered Although the current law is a job tions along the way and are able to get by Senator COVERDELL, encompassing loser, there are those who argue that into the smaller communities. the managers’ agreed-upon language, any change would weaken U.S. mari- Now Mr. President, in the spirit of that there be 40 minutes of debate on time interests. I submit that simply is full disclosure, let me acknowledge the amendment to be equally divided not the case. For some inexplicable that there is one operating U.S. vessel between Senators COVERDELL and reason, paranoia seems to run deep that does not fit the mold, as I men- LEAHY or their designees, that no other among those who oppose this bill. They tioned earlier. That is the Constitution, amendments or motions be in order seem to feel that, by amending the an aging 30,000-ton vessel operating and, following the disposition of the Passenger Service Act so that it makes only in Hawaii. It was a U.S. flag vessel amendment, the bill be advanced to sense for the United States and would that was built years ago to operate in third reading and there be an addi- create jobs, somehow it is a threat to the United States. It went out of U.S. tional 10 minutes for debate to be the Jones Act. That is not true. The operation, into foreign flag service, equally divided between Senators vessels covered under the Jones Act then was refitted. It took action by COVERDELL and LEAHY. haul freight, not passengers, between Congress to allow it to come back into Mr. President, this agreement has U.S. ports. They are required to be U.S. the U.S. trade. been cleared by the ranking minority built, U.S. crewed, and U.S. docu- This is the only oceangoing-capable member. mented, and because this protects an U.S. ship that might fit the description The PRESIDING OFFICER. Without existing industry, we support that. But of a cruise vessel, but I question its objection, it is so ordered. the circumstances for freight vessels do ability to compete, certainly in the AMENDMENT NO. 53 not exist for passenger ships. market with the newer cruise vessels. (Purpose: To provide a complete substitute.) There is simply no connection what- And I repeat, it is the only one. I Mr. COVERDELL. Mr. President, I soever between the two issues. I have searched for other U.S. vessels that send the amendment to the desk. repeatedly made it clear that I have no meet or exceed the 5,000-ton limit in The PRESIDING OFFICER. The intention of using this bill to create the bill, and the only ones I found that clerk will report. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3875 The assistant legislative clerk read gram beneficiaries and taxpayers and to sus- (2) A State law that makes the organiza- as follows: tain the availability of programs, nonprofit tion or entity liable for the acts or omissions The Senator from Georgia [Mr. organizations, and governmental entities of its volunteers to the same extent as an employer is liable for the acts or omissions COVERDELL], for himself, Mr. LEAHY, Mr. that depend on volunteer contributions by of its employees. ASHCROFT, Mr. MCCONNELL and Mr. ABRA- reforming the laws to provide certain protec- HAM, proposes an amendment numbered 53. tions from liability abuses related to volun- (3) A State law that makes a limitation of teers serving nonprofit organizations and liability inapplicable if the civil action was Mr. COVERDELL. Mr. President, I governmental entities. brought by an officer of a State or local gov- ask unanimous consent that reading of SEC. 3. PREEMPTION AND ELECTION OF STATE ernment pursuant to State or local law. the amendment be dispensed with. NONAPPLICABILITY. (4) A State law that makes a limitation of The PRESIDING OFFICER. Without (a) PREEMPTION.—This Act preempts the liability applicable only if the nonprofit or- objection, it is so ordered. laws of any State to the extent that such ganization or governmental entity provides a The amendment is as follows: laws are inconsistent with this Act, except financially secure source of recovery for in- Strike all after the enacting clause and in- that this Act shall not preempt any State dividuals who suffer harm as a result of ac- sert the following: law that provides additional protection from tions taken by a volunteer on behalf of the SECTION 1. SHORT TITLE. liability relating to volunteers or to any cat- organization or entity. A financially secure This Act may be cited as the ‘‘Volunteer egory of volunteers in the performance of source of recovery may be an insurance pol- Protection Act of 1997’’. services for a nonprofit organization or gov- icy within specified limits, comparable cov- SEC. 2. FINDINGS AND PURPOSE. ernmental entity. erage from a risk pooling mechanism, equiv- The Congress finds and declares that— (b) ELECTION OF STATE REGARDING NON- alent assets, or alternative arrangements that satisfy the State that the organization (1) the willingness of volunteers to offer APPLICABILITY.—This Act shall not apply to their services is deterred by the potential for any civil action in a State court against a or entity will be able to pay for losses up to liability actions against them; volunteer in which all parties are citizens of a specified amount. Separate standards for (2) as a result, many nonprofit public and the State if such State enacts a statute in different types of liability exposure may be private organizations and governmental en- accordance with State requirements for en- specified. (e) LIMITATION ON PUNITIVE DAMAGES tities, including voluntary associations, so- acting legislation— BASED ON THE ACTIONS OF VOLUNTEERS.— cial service agencies, educational institu- (1) citing the authority of this subsection; (1) GENERAL RULE.—Punitive damages may tions, and other civic programs, have been (2) declaring the election of such State not be awarded against a volunteer in an ac- adversely affected by the withdrawal of vol- that this Act shall not apply, as of a date tion brought for harm based on the action of unteers from boards of directors and service certain, to such civil action in the State; and a volunteer acting within the scope of the in other capacities; (3) containing no other provisions. (3) the contribution of these programs to volunteer’s responsibilities to a nonprofit or- their communities is thereby diminished, re- SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- ganization or governmental entity unless the TEERS. sulting in fewer and higher cost programs claimant establishes by clear and convincing (a) LIABILITY PROTECTION FOR VOLUN- than would be obtainable if volunteers were evidence that the harm was proximately participating; TEERS.—Except as provided in subsections (b) caused by an action of such volunteer which (4) because Federal funds are expended on and (d), no volunteer of a nonprofit organiza- constitutes willful or criminal misconduct, useful and cost-effective social service pro- tion or governmental entity shall be liable or a conscious, flagrant indifference to the grams, many of which are national in scope, for harm caused by an act or omission of the rights or safety of the individual harmed. depend heavily on volunteer participation, volunteer on behalf of the organization or (2) CONSTRUCTION.—Paragraph (1) does not and represent some of the most successful entity if— create a cause of action for punitive damages public-private partnerships, protection of (1) the volunteer was acting within the and does not preempt or supersede any Fed- volunteerism through clarification and limi- scope of the volunteer’s responsibilities in eral or State law to the extent that such law tation of the personal liability risks assumed the nonprofit organization or governmental would further limit the award of punitive by the volunteer in connection with such entity at the time of the act or omission; damages. participation is an appropriate subject for (2) if appropriate or required, the volunteer (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- Federal legislation; was properly licensed, certified, or author- ITY.— (5) services and goods provided by volun- ized by the appropriate authorities for the (1) IN GENERAL.—The limitations on the li- teers and nonprofit organizations would activities or practice in the State in which ability of a volunteer under this Act shall often otherwise be provided by private enti- the harm occurred, where the activities were not apply to any misconduct that— ties that operate in interstate commerce; or practice was undertaken within the scope (A) constitutes a crime of violence (as that (6) due to high liability costs and unwar- of the volunteer’s responsibilities in the non- term is defined in section 16 of title 18, Unit- ranted litigation costs, volunteers and non- profit organization or governmental entity; ed States Code) or act of international ter- profit organizations face higher costs in pur- (3) the harm was not caused by willful or rorism (as that term is defined in section chasing insurance, through interstate insur- criminal misconduct, gross negligence, reck- 2331 of title 18) for which the defendant has ance markets, to cover their activities; and less misconduct, or a conscious, flagrant in- been convicted in any court; (7) clarifying and limiting the liability risk difference to the rights or safety of the indi- (B) constitutes a hate crime (as that term assumed by volunteers is an appropriate sub- vidual harmed by the volunteer; and is used in the Hate Crime Statistics Act (28 ject for Federal legislation because— (4) the harm was not caused by the volun- U.S.C. 534 note)); (A) of the national scope of the problems teer operating a motor vehicle, vessel, air- (C) involves a sexual offense, as defined by created by the legitimate fears of volunteers craft, or other vehicle for which the State re- applicable State law, for which the defend- about frivolous, arbitrary, or capricious law- quires the operator or the owner of the vehi- ant has been convicted in any court; suits; cle, craft, or vessel to— (D) involves misconduct for which the de- (B) the citizens of the United States de- (A) possess an operator’s license; or fendant has been found to have violated a pend on, and the Federal Government ex- (B) maintain insurance. Federal or State civil rights law; or pends funds on, and provides tax exemptions (b) CONCERNING RESPONSIBILITY OF VOLUN- (E) where the defendant was under the in- and other consideration to, numerous social TEERS TO ORGANIZATIONS AND ENTITIES.— fluence (as determined pursuant to applica- programs that depend on the services of vol- Nothing in this section shall be construed to ble State law) of intoxicating alcohol or any unteers; affect any civil action brought by any non- drug at the time of the misconduct. (C) it is in the interest of the Federal Gov- profit organization or any governmental en- (2) RULE OF CONSTRUCTION.—Nothing in this ernment to encourage the continued oper- tity against any volunteer of such organiza- subsection shall be construed to effect sub- ation of volunteer service organizations and tion or entity. section (a)(3) or (e). contributions of volunteers because the Fed- (c) NO EFFECT ON LIABILITY OF ORGANIZA- SEC. 5. LIABILITY FOR NONECONOMIC LOSS. eral Government lacks the capacity to carry TION OR ENTITY.—Nothing in this section (a) GENERAL RULE.—In any civil action out all of the services provided by such orga- shall be construed to affect the liability of against a volunteer, based on an action of a nizations and volunteers; and any nonprofit organization or governmental volunteer acting within the scope of the vol- (D)(i) liability reform for volunteers will entity with respect to harm caused to any unteer’s responsibilities to a nonprofit orga- promote the free flow of goods and services, person. nization or governmental entity, the liabil- lessen burdens on interstate commerce and (d) EXCEPTIONS TO VOLUNTEER LIABILITY ity of the volunteer for noneconomic loss uphold constitutionally protected due proc- PROTECTION.—If the laws of a State limit vol- shall be determined in accordance with sub- ess rights; and unteer liability subject to one or more of the section (b). (ii) therefore, liability reform is an appro- following conditions, such conditions shall (b) AMOUNT OF LIABILITY.— priate use of the powers contained in article not be construed as inconsistent with this (1) IN GENERAL.—Each defendant who is a 1, section 8, clause 3 of the United States section: volunteer shall be liable only for the amount Constitution, and the fourteenth amendment (1) A State law that requires a nonprofit of noneconomic loss allocated to that de- to the United States Constitution. organization or governmental entity to ad- fendant in direct proportion to the percent- (b) PURPOSE.—The purpose of this Act is to here to risk management procedures, includ- age of responsibility of that defendant (de- promote the interests of social service pro- ing mandatory training of volunteers. termined in accordance with paragraph (2)) S3876 CONGRESSIONAL RECORD — SENATE May 1, 1997 for the harm to the claimant with respect to we might get this piece done. There are The PRESIDING OFFICER. The which that defendant is liable. The court conditions that are affecting certain Chair recognizes the Senator from shall render a separate judgment against Members that would require, hopefully, Georgia. each defendant in an amount determined we could vote as close to 2 o’clock as Mr. COVERDELL. Mr. President, let pursuant to the preceding sentence. me give the disposition of our situation (2) PERCENTAGE OF RESPONSIBILITY.—For possible. purposes of determining the amount of non- Mr. President, I want to explain to on S. 543. We are trying to commu- economic loss allocated to a defendant who our colleagues. First, I thank the rank- nicate to the principal authors so that is a volunteer under this section, the trier of ing member, the Senator from Ver- they might have a chance to make fact shall determine the percentage of re- mont, Senator LEAHY. It has been a closing comments with regard to the sponsibility of that defendant for the claim- long week for both of us. He and his amendment that I have submitted, and ant’s harm. staff and colleagues have worked dili- we are still endeavoring to try to vote SEC. 6. DEFINITIONS. gently with this Senator and his staff between 2 and 2:15. For purposes of this Act: While we are waiting for those Sen- (1) ECONOMIC LOSS.—The term ‘‘economic and colleagues throughout the morning to arrive at the amendment that has ators to arrive, I will talk about what loss’’ means any pecuniary loss resulting the passage of this bill will mean, an from harm (including the loss of earnings or just been forwarded to the desk under achievement that will be secured in the other benefits related to employment, medi- unanimous consent. Senate. cal expense loss, replacement services loss, This substitute adds a finding to loss due to death, burial costs, and loss of We will have effectively responded to clarify the Federal role in civil liabil- a circumstance that has been develop- business or employment opportunities) to ity matters related to voluntarism. the extent recovery for such loss is allowed ing since the mid-1980’s when volun- under applicable State law. The substitute clarifies the State opt- teers suddenly found themselves the (2) HARM.—The term ‘‘harm’’ includes out section, to ensure the provision targets of lawsuits in the act of vol- physical, nonphysical, economic, and non- does not supersede State requirements unteering. Prior to that time, very lit- economic losses. for enacting legislation and allows for tle of this type of legal allegation oc- (3) NONECONOMIC LOSSES.—The term ‘‘non- States to include an effective date. The curred. We have discovered that volun- economic losses’’ means losses for physical substitute clarifies the punitive dam- and emotional pain, suffering, inconven- tarism has been chilled and threatened age protections only relate to cases and pushed back and been less exuber- ience, physical impairment, mental anguish, that are based on the actions of the disfigurement, loss of enjoyment of life, loss ant. Volunteers’ behavior is even dif- of society and companionship, loss of consor- volunteer and do not supersede more ferent when they do volunteer because tium (other than loss of domestic service), restrictive Federal or State laws. of the threat of legal consequences. hedonic damages, injury to reputation and The substitute would clarify that the When we pass this legislation, S. 543, all other nonpecuniary losses of any kind or specific exemptions in the bill for cases and hopefully ultimately pass it in the nature. of violent crime, sex offenses, hate House and send it to the President and (4) NONPROFIT ORGANIZATION.—The term crimes, civil rights violations, and he signs it, we will have created a pro- ‘‘nonprofit organization’’ means— DUI, do not restrict the general exemp- tective buffer, a shield for the well- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 tion where the harm was willful or meaning volunteer, the volunteer who and exempt from tax under section 501(a) of criminal misconduct, gross negligence, experiences a simple accident or omis- such Code; or reckless misconduct or conscious, fla- sion. We have heard some of the stories (B) any not-for-profit organization orga- grant indifference to the rights or safe- on the floor of the Senate. A coach who nized and conducted for public benefit and ty of the individual harmed. has a player who inadvertently slides operated primarily for charitable, civic, edu- The substitute clarifies that the joint into home head first instead of feet cational, religious, welfare, or health pur- and several liability limitations for first will not have to spend long nights poses. noneconomic damages and the punitive awake wondering whether, because he (5) STATE.—The term ‘‘State’’ means each was or she was a volunteer, they will of the several States, the District of Colum- damage limitations only apply to de- bia, the Commonwealth of Puerto Rico, the fendants who are volunteers. The sub- lose their home and assets and check- Virgin Islands, Guam, American Samoa, the stitute clarifies that the volunteer can ing account, et cetera. The principle we Northern Mariana Islands, any other terri- receive reimbursement for reasonable will have accomplished is to protect a tory or possession of the United States, or expenses and still be considered a vol- volunteer from being under assault for any political subdivision of any such State, unteer. that kind of omission. territory, or possession. I and the other authors on our side The second thing we will have (6) VOLUNTEER.—The term ‘‘volunteer’’ achieved is that the volunteer will no means an individual performing services for have concurred with these changes. We still believe the version we submitted, longer be looked at as the deep pocket. a nonprofit organization or a governmental If they volunteer for an organization entity who does not receive— S. 543, was reasoned and balanced, but (A) compensation (other than reasonable feel that this is a compromise that gets that does not have any resources, they reimbursement or allowance for expenses ac- us to the target we were after—the may have a home, or something to that tually incurred); or shield for the volunteer. And in these effect, and so the suit goes to the vol- (B) any other thing of value in lieu of com- actions, assuming we receive a favor- unteer instead of the organization. But pensation, able vote, we will have responded re- now the volunteer cannot be held liable in excess of $500 per year, and such term in- sponsibly and rightfully to the call of for anything more than their propor- cludes a volunteer serving as a director, offi- the administration, President Clinton, tional responsibility. So the story we cer, trustee, or direct service volunteer. and Presidents Bush, Ford, and Carter, talked about on the floor of the Senate SEC. 7. EFFECTIVE DATE. to launch a new era in voluntarism in yesterday and today of the woman who (a) IN GENERAL.—This Act shall take effect was nothing more than a receptionist the United States. 90 days after the date of enactment of this out front answering a phone while an Act. With that brief statement, I yield the accident occurred in the gym will no (b) APPLICATION.—This Act applies to any floor. longer be held liable for the fact that claim for harm caused by an act or omission The PRESIDING OFFICER. The of a volunteer where that claim is filed on or something went wrong somewhere else. after the effective date of this Act, without Chair recognizes the Senator from So this is very meaningful, as I said regard to whether the harm that is the sub- Alaska. a moment ago, a very significant con- ject of the claim or the conduct that caused Mr. MURKOWSKI. Mr. President, I gressional initiative that keeps the the harm occurred before such effective date. am pleased to learn we have worked legacy of the summit alive and helps Mr. COVERDELL. Mr. President, let out a compromise with the other side fuel the call for new volunteers. me explain our disposition. While there on this very important issue. I com- The Senator from Pennsylvania, Sen- is considerable more time in the unani- mend the Senator for his diligence and ator SANTORUM, said earlier today that mous consent, it is anticipated that commitment to proceed with a solution one of the concerns of the summit was there would be a delegating of time that is going to be in the best interests that it would flame out, that after all back so we might vote as closely to 2 of voluntarism. the glitz and the visuality of seeing the o’clock as possible. So, I would like to Mr. COVERDELL addressed the celebrities and political leaders gath- proceed to explain this amendment so Chair. ered together, what would keep it May 1, 1997 CONGRESSIONAL RECORD — SENATE S3877 going? I think S. 543 will be one re- lieve the litigious nature of our society adults volunteered to supervise the sponse from the Congress, one oppor- is dampening the spirit of voluntarism. trip. The youth’s attorneys filed a per- tunity to keep the fuel under the idea A Gallup study revealed the large ex- sonal injury suit alleging that the Boy of more and more Americans stepping tent to which the threat of lawsuits, Scouts and the volunteers were neg- forward in a very, very difficult time. and the prohibitive cost of liability in- ligent for failing to supervise the youth Mr. President, I am hopeful that we surance, have a negative effect on vol- adequately. The jury found that the will be able to conclude this vote, if at unteer participation in charitable or- volunteers were personally liable for $7 all possible, by at least 2:15. ganizations. The survey found that million. Oregon law ultimately caused Mr. HATCH. Mr. President, I am nearly 20 percent of all nonprofit orga- the judgment to be reduced to around pleased today to announce my strong nizations in the United States have ex- $4 million, but few Boy Scout volun- support for S. 543, the Volunteer Pro- perienced volunteers withholding serv- teers can afford this kind of judgment. tection Act. ice or resigning due to fear of liability Anyone who has been a Boy Scout or As the excitement surrounding to- exposure. This figure represents a very has volunteered in any capacity knows day’s events in Philadelphia have so significant portion of the volunteer that certain accidents are impossible poignantly illustrated, ours is a nation community. Specifically, 1 in 10 non- to prevent. The basic problem is that that has a particular dependence on profit organizations have experienced the actions of this Nation’s greedy the volunteer movement. Nonprofit or- the resignation of a volunteer due to li- trial lawyers are serving to undermine ganizations mobilize volunteers by ability concerns. Let’s do the math— the positive effects of voluntarism. drawing on their members’ special tal- with approximately 600,000 nonprofit Clearly, Mr. President, the current sit- ents to meet social or economic needs. organizations in America, we know uation cries out for reform. Volunteer organizations are currently that 48,000 volunteers have been lost The Volunteer Protection Act helps deeply involved in such activities as al- during the past few years strictly due charities and nonprofit organizations leviating hunger, educating the public to liability concerns. Additionally, one serve their communities by giving about the dangers of drug and alcohol in six volunteers report withholding their volunteers immunity from law- abuse, providing care of the elderly and their services due to fear of exposure to suits. Volunteers who act in a grossly infirm, providing athletic programs for liability suits. This means that 100,000 negligent or incompetent manner are, of course, not be protected under the our Nation’s youth, providing oppor- potential American volunteers have de- legislation. tunity for the poor, building housing clined to serve due to fear of exposure This bill will provide a volunteer pro- for the homeless, promoting literacy to lawsuits. This is an extraordinary and education, finding missing chil- tection from litigation in cases where, figure. first, the volunteer was acting within dren, teaching fire safety, aiding vic- Additionally, the rate voluntarism the scope of the volunteer’s respon- tims of natural disasters, providing has been steadily declining in recent sibilities; second, the volunteer was moral education for our youth, and years. The percentage of Americans properly licensed, certified, or author- spreading American ideals across the volunteering dropped from 54 percent ized by the State in which the harm oc- world. In fact, according to a 1990 study in 1989 to 48 percent in 1993. Sadly, curred, if such authorization is re- by the Hudson Institute, which polled charitable donations are also declining, quired; and third, the harm was not approximately 5,500 associations, vol- falling roughly $100 per household dur- unteer time in America was conserv- caused by willful or criminal mis- ing this same short period. However, in conduct, gross negligence, reckless atively estimated to total $3.3 billion 1991 alone, Americans spent a hefty per year. misconduct, or a conscious, flagrant in- $132 billion on the civil justice system. difference to the rights or safety of the This is nothing new. In his 1835 com- As a result, it is not surprising to note mentary of our country, the epic ‘‘De- individual harmed by the volunteer. that liability insurance premiums for The bill also limits punitive damages mocracy in America,’’ Alexis de nonprofit organizations continue to that may be awarded against volun- Toqueville noted that America was a rise. teers and nonprofit organizations based nation of joiners. To de Toqueville this These figures demonstrate that the on harm caused by a volunteer acting was very significant. Nongovernmental on-going litigation craze has seriously within the scope of the volunteer’s re- charitable, religious, and community damaged the spirit of voluntarism. I sponsibilities. Punitive damages organizations combined with the fam- would like to document several cases against any such defendant will be ily and other natural social units to that stand out in particular: available only where the claimant form what he termed ‘‘intermediary’’ Lawyers for an injured mountain demonstrates by clear and convincing organizations—organizations that im- climber sued volunteer rescuers for $12 evidence that the volunteer caused the pede the trend toward centralization of million on the grounds that their res- harm through willful or criminal mis- virtually all administration in the na- cue methods were negligent and reck- conduct. tional government. It is these less. Prior to assisting this particular Finally, while the bill preempts intermediary groups that are essential climber, the rescue team successfully State law to the extent that it is in- in protecting the liberty of the individ- and carefully made hundreds of rescues consistent with the bill, the bill will ual and community from the regu- without incident. not preempt any State laws that pro- latory state. In February 1995, Cleighton Hall, vide additional protections from liabil- In recent times, there has been an then CEO of Little League Baseball, ity relating to volunteers or nonprofit awareness of the need to strengthen wrote in the Wall Street Journal that organizations. volunteer organizations as a way to Little League had turned into ‘‘Litiga- Mr. President, this bill is consistent buttress the newly rediscovered virtues tion League.’’ In one instance, two with the overall thrust and punitive of limited government. Americans are youngsters collided in the outfield, damages reforms of my bill, S. 79, the coming to realize that government picked themselves up, dusted them- Civil Justice Fairness Act. I am proud should not and cannot be relied on to selves off, and sued their coach. In an- to support it as another step in our provide all social services. The gap be- other instance, lawyers won a large march toward complete civil justice re- tween American needs and American cash settlement when their client was form. resources must be filled by the gener- struck by a ball that a player failed to I yield the floor and suggest the ab- ous efforts of our volunteer corps. But catch—that player, strangely enough, sence of a quorum. the current litigation nightmare was the client’s daughter. Finally, trial The PRESIDING OFFICER. The sweeping our Nation is going a long attorneys for a child in Runnymeade, clerk will call the roll. way to hinder the efforts of these im- NJ, filed suit against the youth’s coach The assistant legislative clerk pro- portant volunteers. This at a time when he was struck by a flyball in cen- ceeded to call the roll. when we must be doing everything pos- ter field. Mr. THOMAS. Mr. President, I ask sible to encourage the spirit of volun- Finally, a boy in a scouting unit with unanimous consent that the order for tarism. the Boy Scouts of the Cascade Pacific the quorum call be rescinded. Mr. President, I’d like to illustrate Council suffered a paralyzing injury in The PRESIDING OFFICER. Without for you a couple of reasons why I be- a game of touch football. Several objection, it is so ordered. S3878 CONGRESSIONAL RECORD — SENATE May 1, 1997 Mr. THOMAS. Thank you, Mr. Presi- I see some others wishing to speak, William Cople, former pro bono gen- dent. Mr. President, so I yield the floor. eral counsel for the National Capital The PRESIDING OFFICER. Who Mr. COVERDELL addressed the Area Council of the Boy Scouts of yields time? Chair. America has written as follows: Mr. COVERDELL. Mr. President, I The PRESIDING OFFICER. The Sen- Volunteer service is under assault from an yield up to 10 minutes of my time to ator from Georgia. unlikely quarter—the civil justice system. the distinguished Senator from Wyo- Mr. COVERDELL. Mr. President, I The civil justice system. ming. now ask for the yeas and nays on final The PRESIDING OFFICER. The Sen- passage of S. 543. Like so many others, volunteers and their service organizations have been swept into ator has 8 minutes left. The PRESIDING OFFICER. Is there a the courts to face potential liability in civil Mr. COVERDELL. Mr. President, I sufficient second? There appears to be. suits. yield 5 minutes to the distinguished The yeas and nays were ordered. Thomas L. Jones of Habitat for Hu- Senator. Mr. MCCONNELL addressed the The PRESIDING OFFICER. The Sen- Chair. manity International also testified just ator from Wyoming has 5 minutes. The PRESIDING OFFICER. The this past week that volunteers across Mr. THOMAS. Thank you, Mr. Presi- Chair recognizes the Senator from Ken- the United States have declined service dent. tucky. on Habitat for Humanity boards ‘‘be- First, let me say how much I have Mr. MCCONNELL. Mr. President, this cause of perceived liability responsibil- appreciated the efforts of the Senator is a very significant bill. I want to ity.’’ from Georgia in promoting this legisla- commend the Senator from Georgia for Mr. President, the bill before us pro- tion, this Volunteer Protection Act of his leadership which has brought us to tects volunteers who serve on the 1997. I think probably most everything this point this year. As he knows, I in- boards of nonprofit organizations. about the bill has been said. I am de- troduced similar legislation in 1990 and H.R. 911, a bill over on the House lighted to hear that there has been an in 1993 and again in 1995. So I take par- side, however, provides little protec- agreement. I can hardly imagine that ticular pride in seeing it moved to this tion for volunteers who want to serve anybody does not agree with the con- point where, hopefully, it will pass the as officers on nonprofit boards. H.R. 911 cept of making it easier for people to Senate in the next minutes ahead. defines volunteer so narrowly that it volunteer, of taking away some of the This bill really, Mr. President, comes excludes anyone who receives reim- kinds of threats that have inevitably from the grassroots of American volun- bursement for expenses of $300 per been there when someone does volun- tarism. This bill sprang from the con- year. And H.R. 911 would not—I repeat, teer to serve. So I am very pleased cerns and complaints of volunteers and not—cover a volunteer who serves in a about that. national leaders in the volunteer com- rape crisis center or a child abuse cen- I think it is true—and I guess I will munity, thoughts of the men and ter and gets reimbursed $30 a month for probably be saying some of the same women who are on the frontlines in our reasonable expenses, such as transpor- things again—it is true that the nature national volunteer efforts. tation costs. In other words, the bill of this society, this democracy, re- Just last week over on the House side over in the House is simply too narrow. quires that people care. It is a Govern- we heard from Terry Orr, a former Our bill allows a volunteer to be fully ment of the people and by the people, Washington Redskins football player. reimbursed for reasonable expenses. and designed to be a relatively mini- He said when he came into the NFL a The opponents of volunteer protec- mal Government in that it sets a few years ago players were asked to tion argue that: This legislation is not framework for us to do the things that volunteer, and they responded, ‘‘Just necessary because there is no com- we think should be done, for us to take tell me where to go.’’ There was not a prehensive digest of jury awards the leadership to cause our commu- moment’s hesitation. In today’s liti- against volunteers. That is the argu- nities to be strong. gious world, players are asked to vol- ment. The Federal Government clearly has unteer, and they respond, as Terry Orr First, let me say I have already cited a role. But, you know, the more I am said, ‘‘Do we have coverage?’’ several examples of outrageous law- here, Mr. President, and the more I see Players are afraid to play a benefit suits and jury verdicts. Second, the what I think is the role of the Federal ballgame or do any kind of volunteer fact that jury verdicts are not rendered Government, the more I am impressed activity without engaging in extensive against volunteers every month is sim- with the fact that you and I make our discussions with their lawyers. That is ply not relevant—simply not relevant. communities strong there. And much today’s environment, Mr. President. Most lawsuits settle before trial and of that is because we are willing to vol- Lynn Swann, another famous foot- thus are unreported. The chilling ef- unteer. I think it was the Frenchman ball player with the Pittsburgh Steel- fects of even one case is astounding. de Tocqueville who came to examine ers, is a commentator on one of the As the Boy Scouts’ former general and to explore and to look into this networks. He was also at that press counsel has explained, ‘‘a legal judg- new idea of democracy. One of the conference. He is the immediate past ment entered in a single case can have things that he observed and found to be president of Big Brothers/Big Sisters of a multitude of consequences extending most important was this was a coun- America. This is what he had to say. far beyond that case itself. This surely try, this was a society that was doing He said in the late 1980’s the Big Broth- is a reason for concern in the case of things together for each other volun- ers/Big Sisters federation endorsed volunteers to service organizations.’’ tarily. And that still is—that still is— Federal volunteer protection legisla- We have heard opponents argue that the root, it seems to me, of our society. tion. According to Lynn Swann, the the bill is too broad and might offer The role of the Federal Government is Big Brothers and Big Sisters organiza- immunity to the Ku Klux Klan or other minimal in that. tion endorsed the legislation because organizations whose views we all I was pleased with the President and ‘‘a series of high visibility law suits abhor. This argument fails for several the several Presidents last week who against direct service volunteers had reasons. raised the image and raised the visi- dampened [the] enthusiasm for vol- Organizations are not granted immu- bility of voluntarism. But the fact is, unteering in our program.’’ nity from lawsuits under this bill. national voluntarism is not really the He went on to say the legislation was A volunteer is not covered under this key. It is in Casper, WY, or Gillette, necessary because: ‘‘We [can] not afford bill if the volunteer engages in willful WY, or Louisville, KY. That is where to lose prospective, high quality volun- misconduct, specifically including hate voluntarism works and that is where it teers due to liability fears.’’ crimes or civil rights violations. will continue to work. That was Lynn Swann and Terry Orr, It is not at all clear that the KKK So I think this bill is something we two former professional football play- would be covered as a nonprofit entity all should support. I am so delighted ers, just expressing their own experi- that exists primarily for public benefit that the sponsors have done this, ence in this highly litigious society in and operates primarily for charitable worked on it. I am delighted that we which we live and how it affects the purposes. will be able to vote and vote positively willingness of people to volunteer their Survey of State volunteer protection on it in a few minutes. time. laws indicates that there are States May 1, 1997 CONGRESSIONAL RECORD — SENATE S3879 that define ‘‘nonprofit organization’’ in Ohio or Illinois or Indiana or West Vir- should have some insulation from hon- the same manner as S. 543 or even ginia or Virginia and help his neighbor est mistakes. We all want volunteers to broader. Yet, no one can come up with recover from a flood, then he should be able to help whenever they can and any examples from those States where not have to call his lawyer to check on worry most about how much stamina KKK members were immune from law- his liability potential in a surrounding they will have to help, and have that suits. The KKK argument is an offen- State. We must have a uniform mini- be their chief concern. sive and bogus bogeyman argument. mum standard. So we will continue to work on this. Mr. President, also, opponents argue The principles of loving your neigh- Of course, it will have to go through that this is a matter of States rights. I bor, of being a good Samaritan are conference, and we will make sure am constantly amazed to hear people woven deeply into the fabric of our Na- there is no unintended benefit or de- make that argument. It is reminiscent tion. We need to find ways to free up fenses available to anybody, and that of the argument against the civil this spirit, not to suppress it. We must nobody is harmed or left without a rights laws in the 1960’s where oppo- inspire and encourage people to do remedy. nents said this really is a States rights good works, not sue and harass and dis- We have seen an extraordinary week, matter, not a matter for the Federal courage. as I said, in Philadelphia, with the Government. Those who say that our volunteers do President of the United States, to- The same argument was made not need this legislation have obvi- gether with past Presidents, the wife of against national voting rights legisla- ously not been talking to the people on a past President, General Powell, and tion. And a lot of the folks who were the frontlines. others, who came together to promote the most enthusiastic for that kind of My longstanding interest in this voluntarism. We do not want to do legislation now turn around and start issue comes from talking to volunteers anything to hamper that. arguing that the States rights is a good like the very ones that I have men- Again, I thank my friend from Geor- argument to not deal with what is tioned here today. However, I must gia. I thank Ed Pagano and Jonathan clearly a national problem with na- confess, Mr. President, that one par- Lamy on the Judiciary Committee tional implications which needs a na- ticular volunteer leader has had my ear staff, and all the others on both sides tional solution. on this issue for quite awhile. That is of the aisle who worked to make this Opponents also argue that some my wife, Elaine, who is a former Direc- legislation better. States have some protections for some tor of the Peace Corps and former I am prepared to yield if there is any volunteers in some circumstances. president and CEO of the United Way time left on this side, and am prepared Well, that is not good enough. That of America. She has been involved in to go to vote on the Coverdell-Leahy kind of patchwork protection is simply this battle for a long time and under- substitute. Mr. COVERDELL. I will take just a not going to get the job done. stands fully the implications. In my State we have some basic pro- So, Mr. President, let me close by few minutes of my time, then do the same as the Senator from Vermont and tections for volunteers. But these Ken- again thanking Senator COVERDELL for tucky protections are of no benefit to a his leadership, and the others who par- yield back time and proceed to the Kentucky volunteer who goes to help ticipated in this. This is an extremely vote. I want to take a moment to thank his neighbor in one of the seven States important piece of legislation which I Senator LEAHY and his staff. It is inter- which border the Commonwealth of hope will pass the Senate overwhelm- esting how life makes people’s paths Kentucky. ingly. cross each other from time to time. He Volunteers, Mr. President, should not I yield the floor. have to hire a lawyer in order to cross Mr. LEAHY. Mr. President, I do wish and I have done so now on various oc- State lines to help their neighbor. to thank my friend from Georgia, Mr. casions over the last decade. As al- ways, I have found him to be an admi- Bob Goodwin, president and CEO of COVERDELL. With the Coverdell-Leahy- the Points of Light Foundation, testi- Ashcroft-McConnell and others sub- rable either adversary or cooperator, fied last week that a national solution stitute, I think this piece of legislation but always with well-intentioned and is necessary because ‘‘there is no con- has been substantially improved. good purpose. I thank him for his at- sistency among our States with regard So Members know, we have limited it tention to this matter and the assist- to volunteer liability statutes, and to individual volunteers. The bill is no ance both here and on those occasions that lack of consistency has led to con- longer intended to provide immunity in the past. I also want to thank Senator MCCON- fusion in the volunteer community.’’ or limitation of liability for organiza- NELL. Senator MCCONNELL has labored Let me quote another leader in the tions. I think it is also important that in this area for years and has made national volunteer movement. John H. the original sponsors of the bill agree contributions to this legislation that Graham, CEO of the American Diabetes not to include any limitation on motor are exceedingly significant. I am very Association, also testified last week on vehicle liability, even as it relates to grateful for his assistance on this mat- behalf of the National Coalition for individuals. I think that is important. Volunteer Protection. This is what he I believe this bill has been signifi- ter, as well as Senators ASHCROFT, had to say: cantly modified. It is not precisely the SANTORUM, and others. I want to acknowledge the work of We have seen recently that otherwise bill I would have written, but it is not Kyle McSlarrow, Terri Delgadillo, and qualified and willing individuals are with- precisely the bill my friend from Geor- Dan McGirt on our side who have holding their services out of fear of liability gia would have written. I think it re- worked so hard to iron out the dif- and confusion concerning the different vol- flects what is best in the Senate when unteer protection laws on the books in many ferences so we could produce this both sides can give and come out with states. These are individuals who would help meaningful piece of legislation. house and feed the homeless, who would something that can be better and more The hour is 2:05. We said we would treat and support the elderly, and who would acceptable to a broad cross-section of vote as near as possible to 2 o’clock. I clothe and care for the poor. Senators. Most of us do have concerns yield back all time on our side. So in summary, Mr. President, our if we preempt State laws. In this, we The PRESIDING OFFICER. The national volunteer movement is built have tried as best as possible to pre- question is on agreeing to the amend- upon the idea of loving your neighbor serve State options. ment. as yourself, of being a good Samaritan, I do not believe the threat of litiga- The amendment (No. 53) was agreed of stopping alongside the road and tion deters Americans from volunteer- to. lending your neighbor a helping hand. ing to help neighbors, and did not deter The PRESIDING OFFICER. The People from my home State of Ken- the hundreds and hundreds who volun- question is on the engrossment and tucky understand this concept. Their teered in floods in the Dakotas or in so third reading of the bill. neighbor is not just the child across many other areas we have seen in re- The bill was ordered to be engrossed the street, but it is the family across cent times. I am glad we have been able for a third reading, and was read the the bridge or across the State line. to limit the reach of the Federal pro- third time. If the Kentucky Red Cross volunteer tections provided, but we will be able The PRESIDING OFFICER. There wants to cross over into Tennessee or to help individual volunteers. They are now 10 minutes equally divided. S3880 CONGRESSIONAL RECORD — SENATE May 1, 1997 Mr. LEAHY. All time is yielded back. nor on Friday. We have a prior agree- town of the size of the city of Grand Mr. COVERDELL. We yield back all ment with the Democratic leadership Forks with more than 50,000 people time on this side. that we would not have a session on having been evacuated on a mandatory The PRESIDING OFFICER. The Friday because of a meeting that they basis. Those people are not able to re- question is on final passage of S. 543 as have. We have a similar agreement for turn to their homes for perhaps as long amended. The yeas and nays have been Friday of next week because of a meet- as a month. ordered, and the clerk will call the roll. ing that we have. This is a disaster of truly staggering The assistant legislative clerk called The Senate will shortly begin debate proportion and dimension. Those peo- the roll. on the motion to proceed to S. 4, the ple need help, and they need it now. The PRESIDING OFFICER. Are there flextime/comptime bill. Mr. President, I know there are some any other Senators in the Chamber de- On Monday, at 1 p.m., the Senate will who would like to attach amendments siring to vote? begin consideration of the supple- that are, in fact, extraneous to disaster The result was announced—yeas 99, mental appropriations bill. Amend- relief to that legislation. I ask my col- nays 1, as follows: ments are expected to be offered. leagues to forbear the temptation to [Rollcall Vote No. 55 Leg.] Therefore, votes could occur but are add extraneous matters to this disaster YEAS—99 not expected prior to 5 p.m. on Mon- legislation. I know that some feel these Abraham Faircloth Lieberman day. amendments are not extraneous. In my Akaka Feingold Lott As we work through agreements on own judgment, virtually all of these Allard Feinstein Lugar amendments, or getting an understand- amendments that have been added have Ashcroft Ford Mack ing about amendments, we will let Sen- nothing to do with the immediate pur- Baucus Frist McCain Bennett Glenn McConnell ators know what time they may expect pose of the legislation, which is to ad- Biden Gorton Mikulski votes late Monday afternoon, Tuesday, dress the disasters that have been expe- Bingaman Graham Moseley-Braun or early. rienced in some 22 States—most re- Bond Gramm Moynihan f Boxer Grams Murkowski cently the States of North Dakota, Breaux Grassley Murray FAIR LABOR STANDARDS ACT South Dakota and Minnesota. Some of Brownback Gregg Nickles AMENDMENTS—MOTION TO PRO- these amendments really relate to the Bryan Hagel Reed budget dispute of last year. We are Bumpers Harkin Reid CEED Burns Hatch Robb going to have lots of opportunities for Byrd Helms Roberts Mr. LOTT. Mr. President, I ask unan- budget discussions. This disaster bill is Campbell Hollings Rockefeller imous consent that the Senate now not the time and is not the place for Chafee Hutchinson Roth proceed to the consideration of Cal- that to be. Cleland Hutchison Santorum endar No. 32, S. 4, the flextime legisla- Coats Inhofe Sarbanes The people who have been hurt de- Cochran Inouye Sessions tion. serve to be helped, just as we have Collins Jeffords Shelby The PRESIDING OFFICER. Is there helped other States impacted by disas- Conrad Johnson Smith (NH) objection? ter. Over and over, when we have had Coverdell Kempthorne Smith (OR) Mr. KENNEDY. I object. Craig Kennedy Snowe disaster bills, we have agreed, on a bi- D’Amato Kerrey Specter Mr. LOTT. Mr. President, in light of that objection, I move to proceed to partisan basis, to withhold extraneous Daschle Kerry Stevens amendments. I have agreed to do it, DeWine Kohl Thomas Calendar No. 32, S. 4, the flextime bill. Dodd Kyl Thurmond The PRESIDING OFFICER. The even though I, too, have been tempted Domenici Landrieu Torricelli question is on the motion. to offer things that I thought were Dorgan Lautenberg Warner critically important. Durbin Leahy Wellstone Mr. LOTT. Mr. President, we will Enzi Levin Wyden have some debate, I believe, and then I I hope my colleagues will extend that same courtesy to those of us who rep- NAYS—1 will have a further motion. Mr. CONRAD addressed the Chair. resent States that have been dev- Thompson The PRESIDING OFFICER. The Sen- astated in the most recent disasters. The bill (S. 543), as amended, was ator from North Dakota. Our people deserve the same consider- passed. (The remarks of Mr. CONRAD pertain- ation and the same treatment that we Mr. COVERDELL. Mr. President, I ing to the introduction of S. 684 are lo- have extended to others in similar cir- move to reconsider the vote. cated in today’s RECORD under ‘‘State- cumstances. Mr. ABRAHAM. I move to lay that ments on Introduced Bills and Joint Mr. DORGAN. Mr. President, will the motion on the table. Resolutions.’’) Senator yield? The motion to lay on the table was f Mr. CONRAD. I am happy to yield. agreed to. Mr. DORGAN. Mr. President, I will Mr. COVERDELL. Mr. President, I DISASTER SUPPLEMENTAL be very brief, for a question. suggest the absence of a quorum. APPROPRIATIONS BILL Senator CONRAD talks about the dis- The PRESIDING OFFICER. The Mr. CONRAD. Mr. President, I would asters that have precipitated the need clerk will call the roll. like to speak for one moment about the for a disaster bill. As a member of the The legislative clerk proceeded to disaster supplemental bill. Appropriations Committee in the Sen- call the roll. It is fair to say that my State has ate, I participated yesterday in writing Mr. CONRAD. Mr. President, I ask been absolutely devastated by this ex- the bill that would come to the floor of unanimous consent that the order for traordinary set of occurrences. First of the Senate next week. the quorum call be rescinded. all, the greatest snowfall in our State’s Included in that legislation are The PRESIDING OFFICER. Without history—over 10 feet of snow—followed amendments that have really nothing objection, it is so ordered. in early April by the most severe win- to do with the legislation at all, that f ter storm in 50 years. Nearly 2 feet of are very controversial and could delay snow fell in that one blizzard, accom- or impede the progress of this bill. UNANIMOUS-CONSENT panied by 70-mile-an-hour winds and an I join with my colleague to urge AGREEMENT—S. 672 ice storm that brought down the elec- those who I know have other agendas Mr. LOTT. Mr. President, I ask unan- trical grid serving 80,000 people. That and amendments, which I am sure are imous consent that at 1 p.m. on Mon- was followed by what we are now told important to them, to decide not to day, May 5, the Senate turn to consid- was not the 500-year flood but the 1,000- offer them to this legislation. eration of calendar No. 43, S. 672, the year flood. That was coupled in Grand I encourage those who have offered supplemental appropriations bill. Forks with a fire that destroyed nearly them in the Senate Appropriations The PRESIDING OFFICER. Without three city blocks and was only con- Committee to take those amendments objection, it is so ordered. tained because of the heroic efforts of out of this bill and allow us to do what Mr. LOTT. Mr. President, for the in- the fire department in Grand Forks. we need to do for the victims of these formation of all Senators, then there Mr. President, we have not had in disasters—to extend a helping hand and will be no further rollcall votes today this country a circumstance in which a say to those who have suffered so much May 1, 1997 CONGRESSIONAL RECORD — SENATE S3881 that this country understands that you Mr. CONRAD. Mr. President, I had CHRIS SHAYS, of Connecticut, and I need help, that you are not alone, and not yielded the floor. hosted a program called Debtbusters this legislation and this Congress, by Mr. JEFFORDS. I believe the Sen- with a group of 200 of our constituents. enacting this legislation, wants to do ator gave up the floor. We invited people to come together to that and do it quickly. Mr. CONRAD. No; I had not yielded sit down in groups and try to balance The Senator from North Dakota, the floor. I was yielding for a question the Federal budget in 5 years. This is Senator CONRAD, makes a very impor- from my colleague from Minnesota. an exercise designed by the Concord tant point. I associate myself with that Mr. WELLSTONE. I will be brief. Coalition, and it is the first time such point—that between now and next Minnesota is one of these States, too, an event has been done on a bipartisan Tuesday, or Wednesday, when we take and every day we come here and speak basis. I highly recommend it to my col- that legislation to the floor of the Sen- briefly because we just keep trying to leagues. ate, I hope very much that we will see pitch away. It is a fascinating exercise to watch those who have been adding and prob- Could I ask one question? I think the people act as Members of Congress over ably those who might want to add addi- Senator recognizes I would rather give a period of 2 or 3 hours, faced with the tional amendments to decide not to do a statement. I will not. But is it not choices that many of us have to make that on this very important bill. true that when you talk to people in here in Washington as we work toward Mr. WELLSTONE. Will the Senator North Dakota—I certainly find this to a balanced budget by the year 2002. It yield? be the case in Minnesota—they just do was a tremendously worthwhile exer- Mr. CONRAD. If I can follow up on not understand at all how it can be cise. I want to commend the Concord Senator DORGAN’s comments, then I that we just do not get this to them Coalition for organizing it, for putting would be happy to yield further. and how there can be this discussion of together the questionnaire. It was not Last night I accepted an award on be- amendments having to do with budget perfect. Anyone who writes questions half of the Grand Forks Fire Depart- cuts in education and budgets cuts in and makes choices obviously is going ment for the extraordinary heroism any number of other areas? to bring some bias to it. But overall I they demonstrated when this fire was I say to the Senator, if I could get his found it to be rather fair and interest- burning out of control and they were attention for a moment, the most dif- prevented from fighting that fire as ing. I would also like to commend the ficult thing for me is to try to explain they normally would by the flood wa- citizens of Connecticut, specifically the to people how it could be we are at this ters. And yet they took on an extraor- citizens of Stamford and the surround- impasse and that we cannot get the dinary circumstance; with live wires in ing area, for taking the time out of help to people as quickly as possible. In the floodwaters, they could not know, their weekends to come together and terms of how they live their own lives, as they moved to rescue people who work in such a constructive spirit. people do not understand this kind of It was curious to see the choices that were in those buildings, if they would discussion about strategy and tactics people made. People, when they sat be electrocuted, and they went for- and they feel as if we are just playing down and had to work with six or seven ward, they did their jobs, and they res- with their lives. or eight other people from their com- cued more than 20 people. And because Does the Senator have trouble ex- munity with many different ideas and of their bravery not a single life was plaining to people why it is we cannot issues, were able to compromise and lost. We lost some buildings. We did get this done for them? come to conclusions and even give up not lose a single life. Mr. CONRAD. I just say to my col- Last night the Firefighters of Amer- on things they cared about very, very league by way of a quick answer that ica gave to me, on behalf of the Grand much. It was instructive. It did not Forks Fire Department, an award. I in Grand Forks two-thirds of the peo- solve the budget problem. But last Sat- might say those firefighters who risked ple are refugees. They cannot be in urday I was impressed that, on a glori- their lives to save others were doing it their own homes. They have been gone ously sunny day, people came out and at the very time their own homes were now for nearly 2 weeks. They still do spent the 2 or 3 hours to try and re- being destroyed. Forty-three of those not know in many parts of the city solve these issues. I thought my col- firefighters had their homes destroyed when they will return. And when they leagues might find it interesting. while they were saving other people’s hear that there are amendments not As we are about to hopefully reach lives. related to disaster that are slowing some sort of budget agreement our- I can tell you, those people are won- down the disaster bill, they are just be- selves, I believe it is worthwhile to ap- dering, why is it when we have a disas- wildered by what we are doing here. I preciate what average citizens are able ter that impacts our area people want must say there are times when I won- to do, just as I said, in a few hours on to put on amendments that have noth- der what we are doing here. And again, a bright sunny Saturday morning. ing to do with disaster relief? They I just hope that our colleagues would Mr. President, I thank my colleague cannot understand it. We did not do desist from offering amendments that from Vermont for making the time that when the shoe was on the other are not disaster related to a disaster available and I yield back any time I foot. When other States were hit by bill. have. disaster, we did not offer other amend- I thank the Chair and yield the floor. The PRESIDING OFFICER. The Sen- ments. I hope that cooler heads would Mr. JEFFORDS addressed the Chair. ator from Vermont. prevail here and that we would find The PRESIDING OFFICER. The Sen- f ator from Vermont. other vehicles for Senators to offer FAIR LABOR STANDARDS ACT their amendments that they believe Mr. JEFFORDS. I will proceed on the motion to proceed but I would ask AMENDMENTS—MOTION TO PRO- are important but leave the disaster CEED bill clean so the people who are trying unanimous consent that the Senator to rebuild their lives from an extraor- from Connecticut be allowed to speak The Senate continued with the con- dinary set of disasters have a chance to for 2 minutes out of order and that sideration of the motion to proceed. rebuild their lives. That is not too upon completion I be able to resume Mr. JEFFORDS. Mr. President, we much to ask. my management of the bill. are now proceeding on the motion to Mr. WELLSTONE. Will the Senator The PRESIDING OFFICER. Without proceed to S. 4, the Family Friendly yield for a minute? objection, it is so ordered. The Senator Workplace Act. First of all, I wish to Mr. JEFFORDS addressed the Chair. from Connecticut. commend Senator DEWINE, who is the The PRESIDING OFFICER. The Sen- f chairman of the subcommittee which ator from Vermont. very dexterously handled this bill in Mr. JEFFORDS. Mr. President, I DEBTBUSTERS BALANCING THE committee. I would also like to thank wish to proceed to the motion to pro- BUDGET Senator ASHCROFT, the original author ceed to S. 4. However, I would ask Mr. DODD. Mr. President, very brief- of the bill, who has done so much to unanimous consent that the Senator ly, I may not even take the 2 minutes. bring, not only the attention of Con- DODD be allowed to talk for 2 minutes I just wanted to inform my colleagues gress to the problems we are addressing and 1 minute to—— that about a week ago, Congressman in the Family Friendly Workplace Act, S3882 CONGRESSIONAL RECORD — SENATE May 1, 1997 but also helped and assisted in bringing force. Between 1948 and 1995, women’s meet the needs of its employees, TRW the attention of this body to the prob- labor participation rates almost dou- saw an opportunity to add flexibility lems that are created by the current bled from 33 percent to 59 percent. for all of its salaried employees and law. The increase of women in the work- managers in its work scheduling. As a I am pleased to be on the floor of the place has had a significant impact on result, TRW invented a program called Senate today for the opening debate on the day-to-day activities of the Amer- the Professional Work Schedule which the motion to proceed to S. 4, the Fam- ican family. The stay-at-home mom is gives salaried employees the ability to ily Friendly Workplace Act. I would now the exception rather than the rule. participate in 2-week flexing, partial- also like to acknowledge the hard work Indeed, in 1995, only 5.2 percent of all day time off and additional time off. of many other colleagues and the effort American families mirrored the tradi- However, the restrictions of the Fair that went into S. 4 by the committee tional ‘‘Ozzie and Harriet’’ family Labor Standards Act prevented TRW who was able to bring out a piece of structure of a wage-earning father, a from offering the program to its hourly legislation which I am confident will nonworking mother, and two children. employees. Ms. Larsen testified that have the support of the Senate. According to the Bureau of Labor Sta- TRW’s hourly employees were amazed I am extremely excited about this tistics, 62 percent of two-parent fami- to learn that it is a 60-year-old law legislation because I believe it will lies with children have both parents that is substantially unchanged since positively affect the lives of millions of working outside the home. it was passed that stands in their way Americans. Today, there are more The makeup of the American work of becoming a full member of the team. working single parents and dual-in- force has changed dramatically, yet When the employees ask, ‘‘Why am I come families in America than ever be- few provisions of the FSLA have been treated as a second-class citizen?’’ fore. The Family Friendly Workplace updated to reflect these changes. The TRW explains, ‘‘It is the law, not the Act represents an important step in needs of today’s work force are dif- company’s unwillingness to offer the providing employees in the private sec- ferent than the needs of the work force professional work schedule to them.’’ tor greater latitude to balance the con- of the 1930’s. Although employees are As I mentioned earlier, employees in flicting demands of work and family. demanding more flexible work sched- the public sector have had this option This legislation provides men and ules and compensation packages, the since 1985, and it has been very popu- women working in the private sector FSLA and its underlying regulations lar. Unlike in the public sector, how- the opportunity to voluntarily choose preclude employers from complying ever, S. 4 would prohibit employees compensatory time off in lieu of over- with employee needs. from forcing workers to accept comp- time pay as well as to voluntarily par- This need for a change in the existing time off instead of being paid overtime ticipate in biweekly and flexible credit law was exhibited in a recent poll con- as a condition of employment. That is hour programs. It does so by giving em- ducted by Penn & Schoen for the Em- a change from the public law. In fact, ployees the opportunity to choose to ployment Policy Foundation. The poll under S. 4, an employee’s participation take paid leave time instead of cash indicates that 88 percent of all workers in any flexible work arrangement compensation for overtime worked and want more flexibility through schedul- would be totally voluntary. We have to work out more flexible schedules ing and/or the choice of compensatory worked hard on the language since its with their employers if it suits their time. Another national poll revealed introduction to make this crystal clear needs. These same options have been that 65 percent of Americans favored and to provide strong penalties against available to State, local and Federal changes in the labor law that would any employer who coerces, intimidates, employees for some time and they have allow for more flexible work schedules. or threatens a worker into accepting been enormously popular with these It is not surprising that the private such an agreement. This is true flexibility for workers public sector employees. sector is demanding change. In a 1985 Mr. President, since this bill was survey of Federal employees partici- and not the heavy hand of the em- ployer. Providing families more flexi- first introduced, it has met with oppo- pating with flexible work schedules, 72 bility in the workplace to help meet sition. I believe the opposition stems percent said that they had more flexi- family needs should be a bipartisan from the political positions of big labor bility to spend time with their fami- goal. In the last year, President Clin- unions rather than the needs of work- lies, and 74 percent said that having a ton has acknowledged the importance ing men and women. I imagine that S. flexible schedule had improved their of work force flexibility. For instance, 4’s opponents are concerned, in part, morale. in his recent State of the Union Ad- because it is the first piece of legisla- Over the past several years, the com- dress the President said, ‘‘We should tion in nearly six decades that makes mittee has heard compelling testimony pass flextime so workers can choose to any significant modification to the from workers about the difficulty of be paid overtime in income, or trade it balancing work and family responsibil- Fair Labor Standards Act of 1938. for time off to be with their families.’’ While I understand the concern of S. ities. For example, Christine Because S. 4 will assist American 4’s opponents, I believe that it is mis- Korzendorfer, who works for TRW Sys- workers to balance the needs of an placed. The Fair Labor Standards Act tems in Fairfax, VA, testified that she evolving work environment and quality was, and still is, an important piece of works a lot of overtime hours. Her hus- family time, I urge all my colleagues legislation because it provided much band, who is self-employed, also works to join me in supporting this bill. needed protection to American workers 7 days a week making caring for their The PRESIDING OFFICER. The Sen- at the time when their welfare was two children a constant struggle. Ms. ator from Massachusetts. often disregarded, in the horrible pe- Korzendorfer said that while the over- Mr. KENNEDY. Mr. President, I riod of the Depression. While the prin- time pay is important to her, having think, since this is the Ashcroft legis- ciples behind the Fair Labor Standards extra time off to be with her family is lation, the Senator should be entitled Act have not changed, its stringent more important. She wants the choice to make the first statement on it. provisions make it difficult to accom- to be able to take comp time off in- The PRESIDING OFFICER (Mr. modate the needs of today’s work stead of overtime when it best fits her KEMPTHORNE). The Senator from Mis- force. needs and her family’s needs. souri. Since the enactment of the Fair In addition, the committee heard Mr. ASHCROFT. Mr. President, I Labor Standards Act in 1938, there from Sallie Larsen, vice president, urge my colleagues to join us in mov- have been considerable changes in our Human Resources and Communication, ing to consideration of S. 4, the Family Nation’s economy, labor market condi- TRW Systems Integration Group, Friendly Workplace Act. It is an act tions and labor-management relations. about TRW employees’ frustration which would help us accommodate the One of the greatest transformations with the rigidity of the current law. needs of families by recognizing that has been in the composition of the U.S. Ms. Larsen explained that it was im- there are competing stresses. Most labor force. More women are working portant for her business unit to under- families feel two important stresses in than ever before. According to the Bu- stand their employees’ work patterns their lives: One, the need to be with reau of Labor Statistics, women now because the work patterns factored their families and to do for their fami- account for 46 percent of the labor into how TRW bid for new work. To lies what their families require; the May 1, 1997 CONGRESSIONAL RECORD — SENATE S3883 other is to provide resources, financial next week when my son or daughter is Those are the kinds of provisions resources, for the family. These two going to get an award at the high that have been available in the public stresses have put us in a unique condi- school and I need to take an extended sector for the last 20 years. In 1978, tion, in terms of the way families oper- lunch hour? Can I take some time off sponsored by Congresswoman Ferraro, ate. In the 1930’s, when we enacted the next week if I need to go take a group of New York, and Congresswoman Fair Labor Standards Act, it was clear of kids to the soccer game? I will work Schroeder, of Colorado, we enacted the that very few families found both par- the hour this week.’’ law in the Federal system which pro- ents as wage earners. As a matter of Americans really are not aware that vided for flexibility in employment for fact, in the 1930’s, only one out of every that is against the law for hourly Federal workers. The same provisions, six women with school-aged children workers right now. For an employer to which we now are offering before the worked outside the home. trade with an employee an hour in 1 Senate, ought to be extended to work- We have seen these two stresses—the week, and say you can make it up in ers around the country in the private requirement to spend time with our the next week, if the hour in the next sector. What is interesting is that the family and the requirement to provide week puts the person over 40 hours—it system has worked so well at the Fed- financial resources in order to support simply is illegal to make that up on an eral and local level. As a matter of our family—drive both parents in many hour-for-hour basis. If you want to fact, the General Accounting Office situations into the workplace so there take the hour off this week and make wanted to see what the impact of hav- is this tension that exists in the work- it up next week, it is now a responsibil- ing these kind of work rules was on place. It is a tension that relates to ity of the employer to make it up at a governmental performance, on morale how we accommodate our families at time-and-a-half basis. So you have to of workers. When the General Account- the same time we provide the financial pay time and a half. Most employers ing Office surveyed the workers they cannot afford that, so they do not have resources for our families. That being found out that workers approved or ex- that kind of flexible working arrange- the case, the sponsors of S. 4 sought to pressed their appreciation for this kind ment. It is pretty clear to me that find a way that we could say to fami- of working arrangement at a 10-to-1 most Americans would like to have the lies: We understand how important it is ratio. So, for every 1 worker here who to you to get the financial resources to opportunity to swap an hour, some- times, one week for an hour the next said, ‘‘I am not enthusiastic about this, support your children. We understand I do not really care for it,’’ 10 workers how much you need to spend time with week. Under this bill, if the employer asked, suggested, or even hinted that said they approved it. your children. Finally, we want to say Frankly, you cannot get that 10-to-1 to American families that we under- he wanted an employee to work over 40 hours in a week, the employee would be ratio of workers to agree that today is stand how important it is that you entitled to overtime pay. In order to Thursday afternoon. That is an over- spend time with your children without bank hours on an hour-for-hour basis, whelming endorsement. That is a clear sacrificing the financial resources that the employee ‘‘initiate and request’’ statement by workers, the workers your family needs. The solution—we the ability to work the additional themselves—union workers, nonunion thought it best to provide a way for hour. workers—that this system works. people to be able to work flexible work So, there are a number of compo- One of the features that is allowed in schedules. nents of this bill, all of which are de- the Federal Government system that This is not a way for people to take signed to relieve the stress of working would be allowed and available in the a pay cut or to lose resources. We al- families, all of which are designed to private sector under this bill would be ready have the Family and Medical give Americans more time with their the ability of workers and their em- Leave Act, which allows people to take families. These provisions are designed ployers, upon the agreement and vol- a pay cut in order to meet a family to do it without forcing you to take untary—voluntary consent of both par- emergency. But public policy in this the time off without pay. The real ties, to schedule work over a 2-week pe- country should not require American challenge we have in our culture is to riod to average 40 hours a week. This workers to take a pay cut in order to continue to sustain our families finan- was extremely popular in the Federal be a good mom or dad in this country. cially but also to continue to sustain Government, because it allowed people Most people have the understanding our families in their abilities to do the to work 9 days in the 2-week period in- that they want to be able to both meet kinds of things they need to do to- stead of 10 days in the 2-week period. the financial needs of their family and gether. What is important to note is Working 9 days in the 2-week period meet the social needs that are attend- that, in addition to the overtime provi- really meant that workers had every ant to being a mom or dad. That is sion, which can be compensated at other Friday off, so they would work 8 what this bill would do. time and a half, there is also the flex- days at 9 hours a day for 72 hours and This bill would simply allow flexible time provision of the bill which attends then the ninth day they would work 8 work schedules to be arranged, when to workers who are not normally able hours. That took them to 80 hours. the employee and the employer agree— to get overtime work. Then, with that in mind, having when there is agreement on both par- The Census Bureau collects data on a worked 80 hours in the 2-week period, ties—it cannot be a coerced agreement. regular basis. Out of their data they 45 hours in the first 5 days and 35 hours The bill provides specifically, that if collected in 1996, the data revealed that in the next 4 days, those 2 weeks to- there is coercion—either direct or indi- only 4 percent of working women who gether constituted 80 hours. And each rect coercion—that there are enhanced, work on an hourly basis reported that second week, Friday would be off. heightened, and substantial penalties they get regular overtime pay. It would The opportunity is apparent, here, in involved. Therefore, when there is a be fine for those women if they could terms of the ability to spend time with voluntary agreement between the em- take that overtime and convert it to your children; the ability to tend to ployer and employee, the employee in time-and-a-half off. But let’s be seri- things that can only be done during overtime situations can opt to take ous. If we were only going to address business hours. This is one of the rea- time-and-a-half off instead of getting the stresses and tensions that exist in sons, when Federal employees are time-and-a-half pay. And, where there the families of that 4 percent of the asked about the program, they endorse is an employee who does not get over- work force, we are not really going to it overwhelmingly. It is one of the rea- time work regularly, and that happens do much to improve the lives of very sons why unions in the Federal arena to be most of the hourly workers in the many people. We need to be able to ad- insist on these provisions, these capac- country—the vast majority of citizens dress this tension and this stress that ities, these flexibilities. It is one of the do not get overtime work. In those set- exists in the work force generally. reasons why individuals in the work tings, where an employee never has an That is why it is important to offer the force ought to really have this oppor- opportunity to earn overtime com- flex-time parts of this bill, which allow tunity in the private sector. pensation, there should be an oppor- a person to say, ‘‘I will work an extra Having worked flawlessly for the last tunity for people to say to the boss, ‘‘If hour this week in return if the boss 20 years, increased productivity, built I work an extra hour this week, calling will let me take that hour off next morale, and been endorsed by workers that flextime, can I take an hour off week, or vice versa.’’ overwhelmingly, it is time for us to say S3884 CONGRESSIONAL RECORD — SENATE May 1, 1997 to the work force generally: This is out of eight women, it seems to me we As an ultimate backup to make sure something you should have. Federal have missed the boat; or only two out we don’t have any abuse of the workers workers have it. It is time that ordi- of eight men, because twice as many here, we have a situation built right nary workers in the private sector have men work in jobs that get overtime as into the structure of the bill so that at it. I should not say ‘‘ordinary’’ because women do. the end of the year, all the time and a I do not want to suggest that the other If you take the universe of people half that is there as comptime is auto- workers are extraordinary. The point who get overtime work, it is a 2-to-1 matically paid as time and a half and is, salaried workers have had flexibil- population in favor of men who have at time-and-a-half rates. ity for a long time. The boardroom has worked in the jobs that historically get So what we have here is a clear vol- had flexibility for a long time. The overtime. untary situation. You do not have any guys who run the company never seem I do not think it is appropriate for us incentives for any employer to distort to have difficulty in being able to take to try to limit what we do to individ- the voluntarism. You have employers time off to see their kids get an award, uals who have had the good fortune to who really understand that, if they can or even to play a game, or a round of find themselves in jobs where they help employees be good parents, they golf, or perhaps link up with some of would traditionally get overtime, espe- are going to be better employees and, their friends at a predetermined time cially when that means that it would together, with a happier employer and for a fishing trip or outing, or to even only result in maybe one out of eight happier employee, people are going to be volunteers, when it is necessary, to women in the work force working by be able to meet the needs of their fam- help their communities. the hour, having the flexible options, ily without taking pay cuts. That it is But the hourly individuals are the having the capacity to have an adjust- a win-win situation. That is what we ones who have faced that challenge. Of able schedule the way people do in the targeted. We built protections into the course, the people who have felt the boardroom, the way people do in State bill and structurally designed the bill, squeeze the most, I think, are the government, the way people do in the so that compensatory time can be con- moms who have gone into the work Federal Government. verted quickly and efficiently. It is force since the 1930’s. There are 28.8 I think it is time for us to say to automatically converted if it is not million working women who work by America generally, ‘‘We understand it’s used by the end of the year and we the hour in this country and it is time tough to balance the competing de- have provided elevated penalties in the mands of the homeplace and the work- for us to say to them: You should be event that there is a problem with any place. We understand that when you entitled to some of the same flexibility coercion, direct or indirect. take time off, you don’t want to lose that people in the boardroom or at the I might add as well, in the event the money doing so, because you wouldn’t head of the company or the salaried employer and employee in this meas- be working in the first place if you workers of America have had. It is ure do not agree to take time off as could afford to lose money by taking time for us to say to them you should compensatory time, if there is no time off.’’ agreement on it, we fall back under the be entitled to some of the same oppor- We need to say, ‘‘We understand you 1930’s Fair Labor Standards Act. In tunities to work with your family as don’t want to take a pay cut to be a other words, nothing is done to deprive the people who work for the Federal good mom or dad.’’ Government have had. It is time for us We need to say, ‘‘We understand that any worker who wants to live under to say to them it would be appropriate you want to be a volunteer and you the terms and conditions of the law as for you to have the same capacity to will need to have flexible working ar- it now exists from working under those volunteer and to help your children in rangements from time to time.’’ conditions. their athletic activities, or academic We want to build a framework that What we really have is an ability of activities, or extracurricular activi- says to them, ‘‘If, indeed, those are the worker and the employer to choose ties, as the people who work for State your aspirations, here is the way you to be more flexible and, if either one is and local governments have had. can accomplish them. At least you and dissatisfied, that choice is reflected in It is time to give the average worker your employer can together agree vol- the continuation of the status quo: The in the United States of America, that untarily that these kinds of things can 40-hour week continues to be in exist- individual who has served, working be done.’’ ence; the required payment of overtime hard on an hourly basis, these same I emphasize the word ‘‘voluntarily,’’ at time and a half payment instead of benefits that have been enjoyed by in- because that is the way the bill would time and a half off continues in exist- dividuals who have worked on a sala- work. If there is coercion, either direct ence. So the ultimate security for any ried basis and have worked for the U.S. or indirect coercion, the bill provides worker is that the worker can choose Government, for State governments, or for elevated, extraordinarily high pen- to operate in the same framework of for local governments. alties. It says, ‘‘If you are going to co- legal protection that worker has at Some individuals have indicated that erce workers, beware, you are going to this very time. perhaps it is enough for us to just ad- have a doubling of the penalties you This is an attempt to say to the work dress the issue of comptime. I would previously had in overtime settings.’’ force, ‘‘We know that you are stressed. just suggest, because comptime is Second, in order to provide a further We know that the demands of your available only to workers who work incentive for employers, who are offer- house and the demands of your job are overtime regularly, that we ought to ing compensatory time off options, to competing, and when they collide, if think carefully about limiting the not only allow employees to take the possible, we would like to give you the flexible working arrangements that we time when they need it but also to not option of being able to work it out with think ought to be available to Amer- see it as a cost savings, the bill pro- your employer and to work it out in a ican workers to those who are nor- vides that if an employee has chosen a framework of protections that are like- mally endowed with the right to work comptime option, if at any time the ly to result in your being able to suc- overtime. employee changes their mind, the em- ceed.’’ Overtime is not the prerogative of ployee only has to say ‘‘Nope, I’ve We are doing this, not with some pro- most American workers. Estimates run changed my mind. I would like to have gram we have dreamed up, not with as high as a third of the workers get the money back instead of the time some novel, untested, untried set of op- regular overtime. The census clearly and a half off.’’ portunities. We are doing this with a indicated only 4 percent of the hourly So, if someone had originally said, program that has been in existence workers who were women in 1996 said ‘‘I’ll take time and a half off,’’ think- now since 1978, almost 20 years, in the they got regular overtime. ing that would please the employer in Federal Government. We are doing this What if you would triple that number some way, they can reverse that deci- by proposing for the private sector the from 4 percent to, say, 12 percent? You sion. In addition, if he believed he kind of flexible working arrangements would still only have one woman work- needed to accept the comptime, in lieu which have been available in the public ing by the hour out of eight who re- of financial compensation, it would be sector and which workers in the public ceived regular overtime. If we are coercion and double current penalties sector have endorsed at a 10-to-1 ratio, going to provide flexibility to only one could be assessed. which workers in the public sector, be May 1, 1997 CONGRESSIONAL RECORD — SENATE S3885 they union workers or nonunion work- employees to work up to 80 hours in a comptime and flextime will be avail- ers, are eager to continue, and when week without receiving overtime pay. able at the workplace. There is no free- contracts are negotiated, there is an A company could schedule a worker for dom of choice for the worker. insistence that these kinds of provi- 60 hours in 1 week, and 20 in the next, There is nothing in this bill which sions continue to be available. all without a penny of overtime pay. prevents an employer from discrimi- I might just add one other thing This isn’t a family-friendly bill—it’s a nating against a worker who refuses to about the President and his involve- family-enemy bill. take comptime instead of overtime ment. The President, in his campaign, Fourth, the bill provides no employee pay. Under S. 4, an employer could law- called for ‘‘flexible work arrange- choice. The employer chooses who fully deny all overtime work to those ments’’ for citizens. He used that very works overtime and when an employee employees who want to be paid and language. He used that language again can use comptime. The employer can give overtime exclusively to workers in his State of the Union Message. He assign all overtime work to employees who will accept comptime in lieu of talked about ‘‘flexible working ar- who will accept comptime instead of pay. There is no freedom of choice for rangements.’’ When the President of overtime pay. Those who need over- the worker. the United States, President Clinton, time pay to make ends meet will no The employee may want a particular came into office, he noticed that there longer receive it. The bill also lets the day off so that she can accompany her was a small group of executive branch employer decide when employees can child to a special school event or to a workers who didn’t have the privileges use the comptime they have earned. If medical examination at the pediatri- that were accorded to the rest of the an employee wants to use comptime to cian. However, nothing in this legisla- Government workers regarding flexible take a child to the dentist, or attend a tion requires the employer to give the working arrangements and compen- school play, the employer is free to employee the day she requests. This satory time. When the President made deny the request. bill gives the employer virtually that observation, he did the right If the Republicans are genuinely in- unreviewable discretion to determine thing. The President said to the rest of terested in helping working Americans when a worker can use her accrued the workers, ‘‘I’m going to extend the deal with family needs, they should comptime. Here, too, there is no free- benefits of these kinds of working rela- support expansion of the Family and dom of choice for the worker. tionships by Executive order to you as Medical Leave Act. That law has been S. 4 contains much more than a badly Federal workers, because these are the a resounding success since its enact- flawed comptime provision. It contains kinds of things which will help you do ment in 1993. It gives employees up to a section entitled ‘‘Biweekly work pro- a good job, they will help us get good 12 weeks of unpaid leave a year to care gram’’ which literally eliminates the work, and they will help you resolve for a newborn or newly-adopted child, 40-hour workweek. The bill substitutes the tension between your family and or to deal with a serious medical condi- a provision which would allow an em- your workplace.’’ tion of the employee or close relative. ployer to work his employees up to 80 What was good for the President of Two proposals to expand the act are hours in a single week without paying the United States in his campaign, now under consideration in Congress. a cent of overtime. The employees Senator DODD proposes to apply the what he remarked on favorably in his would not even receive 11⁄2 hours of remarks to the Congress, what he indi- law to all firms with 25 or more em- comptime for each extra hour they cated was appropriate by way of Execu- ployees, instead of 50 or more employ- worked. tive order, is good for the American ees under current law. This step would The next new provision is entitled people. enable 15 million more workers to re- ‘‘Flexible credit hours.’’ Under this Mr. President, I yield the floor. ceive this important benefit. Senator provision, an employee who works Mr. KENNEDY. Mr. President, the MURRAY proposes to offer 24 hours of hours that are in excess of the basic Republican leadership is pushing its so- leave a year for employees to attend work requirement would no longer be called compensatory time bill, but a parent-teacher conferences and other entitled to overtime. Instead, the em- better name for it is the Paycheck Re- school events. ployee would get an equivalent amount duction Act. The bill has four fatal Those who support genuine family- of hours off at a later unspecified time. flaws: friendly policies know that the Family Under existing law, the employee First, it is a pay cut for large num- and Medical Leave Act works well for would be paid time and a half for such bers of workers who don’t deserve that working families. I urge my colleagues excess hours. Under comptime, the em- harsh treatment from either Congress to support its expansion and to reject ployee would at least receive 11⁄2 hours or their employers. The bill eliminates the Republican comptime Trojan horse. the guarantee of pay for overtime work I know there is significant interest in of time off for every excess hour for 65 million employees. The Repub- the idea of legislation that would allow worked. However, flexible credit hours licans have openly admitted their pay- an employee to make a genuinely vol- purport to offer the employee a new, cut strategy. When the National Fed- untary choice to be compensated for innovative alternative—work the ex- eration of Independent Businesses tes- overtime work in time off rather than cess hours but receive only 1 hour off tified at the Senate Labor Committee in pay. But, this is not that bill. Even for each excess hour worked. I cannot hearing on the bill, they said ‘‘Small those of you who support the concept imagine how any employee could turn businesses can’t afford to pay over- of voluntary comptime should oppose down an offer like that. Does anyone in time.’’ That’s why they support this S. 4. S. 4 contains four major provi- this room honestly believe an em- legislation. sions, each of which is designed not to ployee who was not being coerced Vast numbers of today’s workers de- help employees, but to allow employers would choose to participate in such a pend on overtime pay to make ends to reduce the amount of money they plan? meet. Half of those who earn overtime must pay their workers. The last feature of this bill appears take home $16,000 a year or less. More This bill isn’t meant to help employ- on page 43. We haven’t discussed it and than 80 percent earn under $28,000 a ees juggle their work and family obli- I would urge each of you to take a clos- year. American workers cannot afford gations. Instead, it is designed to help er look at it. It applies to salaried em- this Republican pay cut. employers cut workers’ wages. Forcing ployees. Under current law, they do not Second, the bill cuts other benefits. employees to accept time off instead of receive overtime when they work extra Health and retirement benefits are overtime pay is a cut. hours and their pay cannot be deducted based on the number of hours worked While the legislation purports to let for an absence of less than a full day. by employees, and their benefits would employees make the choice between S. 4 proposes to change that rule. Sala- be slashed too. Comptime hours do not overtime pay and comptime, it does ried employees would still receive no count as hours worked, so employees not contain the protections which are overtime but they could be subject to will lost health coverage while they are necessary to ensure that employees are deductions in their pay if they were ab- working, and much-needed pension free to choose and are free from re- sent. In other words, the fact that they benefits after they retire. prisal. could have pay deducted if they missed Third, the proposal abolishes the 40- Under S. 4, it is the employer, not the 5 hours of work in a week can no longer hour week. Employers could require employee, who decides what forms of be used to prove that they are hourly S3886 CONGRESSIONAL RECORD — SENATE May 1, 1997 employees entitled to overtime if they resented real progress for working fam- nothing to do with the basic principle work 5 hours extra another week. Is ilies. The idea was that if you worked of the 40-hour week, and the principle that fair? Is that enhancing worker’s over a 40-hour week, you would get that if an employee works overtime, he freedom of choice. paid time and a half. That is an impor- or she should get time and a half pay. When you analyze what S. 4 would tant principle. This piece of legislation This legislation undercuts that. really do for American workers, it essentially turns the clock back over a Mr. President, that hardly represents should be entitled ‘‘The Pay Reduction half a century. In a way it is a non- a step forward for working people in Act of 1997.’’ starter for that reason alone. this country. That is why, in its The essence of a genuine comptime Interestingly enough, we had an present form, this is the Paycheck Re- bill is the creation of new options for amendment when we were marking up duction Act. And that is why we are employees, not employers. As you the bill in committee which essentially adamantly opposed to it. That is why know, President Clinton has endorsed said, at least don’t give the employer most people in the country will be op- comptime legislation. However, even as all the power so that an employer is in posed to it when they learn all the pro- a supporter of the principle of a position to say to someone, Look, we visions in the legislation. comptime, he has stated that he would will not give you time and a half com- This is my last point for today. Mr. be compelled to veto S. 4. A letter sent pensation for overtime work. We will President, what is interesting about to this committee by the Acting Sec- give you flextime. So the employer is this is it is all done in the name of retary of Labor at the direction of the in a situation to say to a worker, OK, choice. But you know, we had some in- White House sets forth the failings of you worked an hour over; we’ll give teresting amendments in committee this legislation clearly: you a flextime hour—that is hour to that speak to this question. hour—but we won’t offer flexible com- I offered an amendment which said Any comptime legislation must effectively we have a Family Medical Leave Act and satisfactorily address three fundamental pensation at time and a half. That was right now which says that there are up principles: real choice for employees; real voted down. protection against employer abuse; and pres- Benefits cut. Health and retirement to 12 weeks of unpaid leave in the case ervation of basic worker rights, including benefits based on hours worked would of sickness of a child or an adult, so the 40-hour work week. President Clinton be slashed. why don’t we say this: If an employee will veto any bill that does not meet these Abolishes the 40-hour week. Em- has banked 10 hours of earned comp fundamental principles. time, and she calls her employer and While the President has called for and ployee could work up to 80 hours in a week without receiving overtime pay. says, ‘‘Look, I need that time off be- strongly supports enactment of responsible cause my child is sick,’’ she gets it comptime legislation, he will not sign any That is just unbelievable. Everybody automatically. The employer does not bill—including S. 4—that obliterates the should understand this. This is a sacred principle of time-and-a-half for overtime or principle. The reason we passed the get to shut her down and say no. If you that destroys the 40-hour workweek. Work- Fair Labor Standards Act is that many want to give the employee choice, do ers—not employers—must be able to decide employees, some the very employees not give all the power to the employ- how best to meet the current needs of their ers. But, Mr. President, that amend- Senator ASHCROFT was discussing, do family. ment was voted down. not have a lot of clout vis-a-vis their Mr. DEWINE addressed the Chair. We had another amendment which employers. took some parts of the labor force—for The PRESIDING OFFICER. The Sen- The idea was to have some basic pro- example, garment workers—and said, ator from Ohio. tection, so that if you were working we have a lot of people right now who, Mr. DEWINE. Mr. President, my col- hard to support a family and you whatever the law of the land says, are league from Minnesota indicated he worked overtime, you would get paid not even getting paid minimum wage was ready to proceed. Let me see if he overtime. That assurance is abolished. or earned overtime. We have a lot of is ready. For the moment, I suggest the Under this legislation, an employee absence of a quorum. examples of forced and unpaid over- could be working 50 or 60 hours a week time, and we have a whole backload of The assistant legislative clerk pro- or more and not get paid any overtime ceeded to call the roll. unfair labor practices. So couldn’t we for that. To move away from the 40- at least exempt some sectors of the Mr. WELLSTONE. Mr. President, I hour week turns the clock back about ask unanimous consent that the order work force where we know people are a half a century. vulnerable and somewhat powerless for the quorum call be rescinded. Finally, No employee choice. Em- The PRESIDING OFFICER. Without and, as a matter of fact, have been ex- ployer chooses who and when. Em- ploited by some employers? Thank objection, it is so ordered. ployer determines who works overtime Mr. WELLSTONE. Mr. President, I goodness most employers are not that and when an employee can use comp way. But that amendment went down thank my colleague, Senator DEWINE, time. This is, in many ways, one of the for his courtesy. as well. most troubling features of this legisla- Mr. President, one other example. We PRIVILEGE OF THE FLOOR tion. Please remember, and we had tes- had discussion where we said, wait a Mr. WELLSTONE. Mr. President, I timony in our subcommittee on this, minute, we have this backload, we have ask unanimous consent that Anne Wil- there are companies that really work all sorts of potential for abuse. Can’t son, who is interning with us, be grant- well with employees. They have good we at least have a commitment of re- ed the privilege of the floor during this partnerships, and there are situations sources so we have some enforcement? debate. where an employee works 4 days a You are going to need more people The PRESIDING OFFICER. Without week, 10 hours a day and takes off Fri- within the Department of Labor to en- objection, it is so ordered. day. That can be done now. You do not force this to make sure that people are Mr. WELLSTONE. Mr. President, I need to overturn the Fair Labor Stand- not forced to work overtime without will actually be relatively brief for ards Act. You do not need to overturn overtime pay because no matter what now. We are going to have time for the 40-hour week. That can be done you say in theory—about this being plenty of discussion and debate. In its now. voluntary—the vast majority of people present form—and I appreciate the Or what people can do is work 9 hours who work can tell you right now they words of my colleague from Missouri— a day as opposed to 8 hours and then do not always have a lot of choices. A this piece of legislation might better work half a day on a Friday or on a whole lot of people put up with really be called the Paycheck Reduction Act. Monday. That can be done now within awful working conditions. They put up I will just go over some bullet points the existing framework of labor law. with unsafe working conditions. They and marshal evidence behind each. Or people can go in at 7 and come put up with situations that none of us Pay cut eliminates the guarantee of home at 3 or come in at 10 and go home would want to be in. But they do it to pay for overtime work for 65 million at 6. There are all sorts of flexible ar- put food on the table. So couldn’t we at American workers. Mr. President, we rangements. Right now, employers can least provide people with some protec- passed the Fair Labor Standards Act give their employees this flexibility if tion? That is not here either. over half a century ago. It was an im- they so desire. The problem is, a lot of Mr. President, with all due respect, portant piece of legislation. It rep- employers do not do that. But it has this bill is hardly giving people more May 1, 1997 CONGRESSIONAL RECORD — SENATE S3887 flexibility. That is the way it sounds at my colleague from Ohio, Congress- ity that the law gives me today.’’ They first blush. But what really is at issue woman DEBORAH PRYCE, has done tre- have had this, Federal workers have, here is you essentially overturn por- mendous work on this bill. for several decades. State employees tions of the Fair Labor Standards Act, This is a bill that I am particularly have. you overturn the 40-hour week, you put proud to have been involved in to help I was Lieutenant Governor of Ohio people in the situation where the em- bring to the floor today, because I for 4 years. I do not recall one State ployer—and in most situations the em- think it will help bring the American employee ever coming up to me and ployer has the power—is going to say workplace into the 21st century and, saying, ‘‘I don’t like the flexibility to people, ‘‘Hey, we’re pleased to give more importantly, bring the underly- that we have.’’ In fact, just the con- you flextime,’’ or, ‘‘We’re pleased to ing labor law into the 21st century and trary. Everyone who has ever talked to give you an hour off, but it’s hour for make both more conducive, more un- me about it has said, ‘‘I enjoy it. I like hour, even if you worked overtime. derstanding, to the changing nature of it. It helps my family.’’ Even if you’ve banked hours, we’re not American society and of the American Mr. President, there are actually an- going to give you time and a half com- workplace, particularly of the Amer- tiquated Federal laws which are still pensation when you want and need it.’’ ican family and how people really live on the books that are preventing some Let me tell you, the reason people today. of the necessary changes in the non- work is because they need that pay to In the hearings that we held in the Government workplace. This is what put food on the table. The reason you Senate Labor and Human Resources this bill does. It sweeps away some of have so many families where both peo- Committee on this bill several months these old laws that prohibit workers ple work, both husband and wife, is be- ago, we heard facts that substantiate from doing what they want to do. cause they need the income. the monumental changes that have Let us say, for example, a mother I do not think people are interested taken place in American society in this wants to take her daughter to a doc- in seeing their paycheck cut. I do not century, particularly in the last 20 to tor’s appointment. She wants to make think people are interested in being 25 years, changes that make it abso- up the working hours she missed by put in a situation where they no longer lutely essential that we pass this legis- stacking them into other work days. receive time-and-a-half overtime com- lation. Today, Federal law, written by Con- pensation. I do not think people are Mr. President, today more than 60 gress in 1938, says the employer cannot going to be pleased with a piece of leg- percent of married women work out- do that. The employer has to say to islation that abolishes the 40-hour side their home; 75 percent of married her, ‘‘No. I am prohibited by law from week. And I do not think people are women with school-aged children work doing this. I want to do it. You want to going to be pleased with a piece of leg- outside the home; 75 percent of married do it. We are prohibited by law from islation which sounds great in theory couples with children have both doing it.’’ spouses working. about employee choice, but does not Mr. President, that simply does not We compare these statistics, Mr. have any of the provisions in it which make sense as we approach the next President, to the situation in 1950: 11 would really guarantee that that would century. Workers in this country need percent in 1950—11 percent—of married be a reality. more flexibility. So, Mr. President, I have a budget mothers with children under the age of Mr. President, earlier this month the meeting, and I apologize, because I like 6 worked outside the home. Today, al- Senate Labor and Human Resources to debate with my colleague from Mis- most 50 percent do—47 percent. Committee passed this bill, a bill that souri. I promise him I will be on the In less than half a century—in my would reduce some of the stress on floor whenever we get back to this, to lifetime—we have gone from around 10 America’s working families by making hear what he says and go back and percent of these mothers working out- the American workplace more family forth—and with my good friend from side the home to nearly half of them. friendly. Ohio. These two are my good friends. This is truly a historic social change. I We do not always agree, but they are believe the sponsors of this bill in both As chairman of the Employment and two Senators I really do like and re- the House and the Senate believe that Training Subcommittee, I handled this spect. I feel badly about speaking and it would be a good idea for the dynam- bill and we held several hearings. The leaving, but only because we have this ics of the American workplace to fi- hearings strengthened my conviction budget meeting right now. In any case, nally catch up with the dynamics of that this bill is long overdue. Mr. President, what I said was so com- our society. Senator JEFFORDS, the chairman of pelling, what I said is irrefutable and It would be a good idea, Mr. Presi- the committee, was on the floor a few irreducible, and I do not think they dent, for our laws to reflect the reality minutes ago and talked about Chris- could possibly respond to it anyway. of how people live today. Put simply, tine Korzendorfer, a woman, a mother Mr. President, I yield the floor. Mr. President, there are more single of several children, who works at TRW. Mr. DEWINE addressed the Chair. parents and dual income families in This is what she said, and I quote. She The PRESIDING OFFICER. The Sen- our work force today than ever before, is talking about overtime pay. ‘‘Pay is ator from Ohio. and their numbers are growing. In to- important to me.’’ That is important. Mr. DEWINE. I thank my colleague day’s society, employees are faced with ‘‘However, the time with my family is from Minnesota for the kind com- a difficult task of balancing their obli- more important. If I had the choice,’’— ments. I am sorry he is leaving, but he gations to family, to spouse, to chil- if I had the choice—‘‘there are times has an important mission on the Budg- dren, to work, school, other important when I would prefer to take comp time et Committee. I have debated this issue things. in lieu of overtime. What makes this on a number of different occasions in Mr. President, it is significant—it is idea appealing is that I would be able committee. But I must say that he is significant—that for many years Fed- to choose what option best suits my particularly eloquent today, because I eral, State, and local governments situation.’’ do not even recognize this bill after he have enjoyed the statutory ability to Mr. President, that pretty well sums finished describing it. It is an entirely offer their employees a flexible work it up. Individual choice is really what different bill than the bill I thought we schedule, thus allowing them an oppor- this is all about. It is the Christine passed out of committee. And I am sure tunity to spend more time with their Korzendorfers of this country, the many of the points that he raised families or more time to continue their hard-working Americans, who know today are going to be points of conten- education. best what kind of work schedule fits tion as this debate continues over the Mr. President, as our colleagues con- their needs. Giving these workers the next few weeks. sider this bill, I ask them to consider freedom of choice is the purpose of this Mr. President, let me first congratu- how many times they have had a Fed- legislation. The bill before us today, S. late Senator ASHCROFT and Senator eral employee, when they have been 4, the Family Friendly Workplace Act, KAY BAILEY HUTCHISON for the great back to their State, come up to them will amend the Fair Labor Standards work that they have done to bring this and say, ‘‘I don’t like this. I don’t like Act to finally provide employers and bill to the floor today. In the House, the comptime. I don’t like the flexibil- employees in the private sector with S3888 CONGRESSIONAL RECORD — SENATE May 1, 1997 the same benefits public-sector em- The PRESIDING OFFICER. The Sen- make a full-time salary and make ends ployees have enjoyed for many, many ator from Texas. meet at the end of the month. years. Mrs. HUTCHISON. Mr. President, The Family Friendly Workplace Act The bill contains three options for thank you. will enable those working mothers to making the workplace more flexible— I want to thank Senators JEFFORDS do just that. Senator ASHCROFT and I compensatory time off in lieu of mone- and DEWINE and Senator ASHCROFT for have made sure that these people who tary overtime pay, biweekly work their commitment to this bill. They are working hourly are not going to schedules, and flexible credit hours. have followed it through all the way lose their salaries because they do have Participation, Mr. President, is vol- from the beginning—Senator budgets. They have to meet the mort- untary. Let me stress this again and ASHCROFT, as the key sponsor, and Sen- gage payment. They have to meet the again. You are going to hear this word ators DEWINE and JEFFORDS, as the car payment or the rent payment. from me throughout this debate. It is chairman of the subcommittee and full They simply cannot afford to take time voluntary. No one has to do it. If the committee that shepherded this bill off without pay, as the President and employee does not want to do it, the through because they believed so much some Members of Congress have called status quo prevails. The employer has in what this bill can do for the more for. to want to do it, the employee has to than 60 million workers in this coun- That is the beauty of this bill. It al- want to do it before this law really try, including 28 million women, who lows the employee to be paid, while even kicks in. are paid by the hour. adding flexibility to their work week. Mr. President, I think that most peo- I was just listening to what Senator Another aspect that Americans like ple would be shocked if they knew that DEWINE was saying, and I have to say, so much about this bill is it would current law prohibits, absolutely pro- step back a minute and think about allow an hourly employee to say, ‘‘I hibits, employees and employers from the fact that the Federal Government would like to work 9 hour days and making the types of arrangements and is saying to the hourly employees of take every other Friday off work, with agreements that people in the public this country, ‘‘You cannot go in and pay.’’ Federal employees have this op- sector can do today. ask your employer to take off at 3 tion. Salaried employees have this If that law was not in effect today, if o’clock on Friday and work until 7 flexibility. that law did not prohibit that type of o’clock on Monday.’’ You cannot do Mr. President, I think it is important arrangement, do you think, Mr. Presi- that because the Federal law says your to keep in mind that these scheduling dent, Members of the Senate, that any- employer cannot offer you that option. options are all voluntary. There is one would come to the Senate floor and nothing that requires an employer or offer a bill to do that? Would anyone So if your child is playing in a soccer an employee to choose any of these op- come to the Senate floor and offer a game or a football game on Friday tions. If any employee is asked to work bill that said the Federal Government afternoon at 3 o’clock, which many overtime, that employee keeps the is going to step in and tell employees schools across our country do have in right to say ‘‘Great, I want time-and-a- and tell workers in this country that, their schedules, you cannot go in and half pay,’’ end of story. But if the em- if you want to make an arrangement get that opportunity to see your child, ployee says, ‘‘I want to take time-and- with the employer that allows you because the Federal Government says a-half in paid time off and not outright more flexibility in your life, that al- you cannot do it. Now, if you were a Federal employee pay now,’’ or ‘‘I would like to go ahead lows you to better decide when you are you could do it because Federal em- and work the extra hours and bank going to work, how you are going to ployees have that option. If you are a that time so that when my child’s soc- work—does anybody think that bill salaried employee, you could do it. It is cer game is scheduled’’ that employee would pass? Does anybody think that the Federal hourly employees who are not able to will have that option, in cooperation Government, if it did not have that law say, ‘‘I want to work two extra hours with the employer. in effect today, that we would want to on Monday so I can take off at 3 And because this added flexibility put that law into effect? The answer o’clock on Friday.’’ and free time for employees has been obviously is no. I think it tells us Mr. President, all this bill does is proven to boost morale and improve something when we look at that an- give the same option to hourly employ- productivity, giving hourly employees swer and look at the question in that ees that every Federal employee and these added freedoms becomes a win- way. Such a bill obviously would never every salaried employee has in our win situation for employee and em- pass. country. It is just amazing to me we ployer alike. In short, this bill makes Mr. President, the Fair Labor Stand- did not do this years ago. It was only imminent sense. My only surprise is ards Act and its underlying regulations Senator ASHCROFT who came in and that we did not update this antiquated simply do not allow private-sector em- said, ‘‘Why have we not done this?’’ labor law earlier. ployers to meet the demands of their Many of us were not even fully aware I commend Senator ASHCROFT, I com- employees for more flexibility in var- of the impact our out of date labor mend Senator DEWINE, and I commend ious forms of compensation. As a re- laws were having on Americans’ mod- Senator JEFFORDS for helping us get sult, working families are faced with ern lifestyles. this bill to the floor so that we will be tremendously difficult decisions. What are our modern lifestyles? Mr. able to finally say to the 28 million For example, will a mother sacrifice President, over two-thirds of the women that are hourly wage working hard-earned vacation time off to take women who have school-age children in women and the 30 million hourly wage her child to the doctor or to the hos- this country are working outside the working men in America, ‘‘You now pital? Should she forgo the compensa- home. When the Fair Labor Standards have the same freedom to schedule tion to make sure her sick child is Act was passed, we had a lot of moms time to spend with your loved ones properly cared for? Should she try to that could and that chose to stay that the rest of the workforce enjoys.’’ run home for an hour here or 20 min- home. Today, there are 58.2 million For the Federal Government to stand utes there? Can a single parent afford women in the workforce, and roughly in the way of those two individuals and to leave work early to attend a teacher half—28 million—are paid by the hour. say, ‘‘No, you cannot do this because conference, to help chaperone a class The other half are salaried employees Big Brother Federal Government in trip? Will a single parent ever find the or self-employed. The biggest stress Washington said 30 years ago when time to pursue greatly needed contin- factor they have in their lives is the in- there were not very many working ued education? These are the options ability to find the time in the average moms in the workplace, in a whole dif- that this bill will give. day to do the things they need and ferent era, that you could not do it.’’ I see, Mr. President, my colleague want to do for themselves and their Mr. President, we must enter in to the from Texas is on the floor. She has families. Working mothers and their 1990’s and update our labor laws to ad- worked long and hard to bring this bill children want to be able to share more dress the needs of the struggling hour- to the floor. I congratulate her for her of life’s activities—to be able to go to ly wage families in this country.’’ We great work. I yield to the Senator from the PTA meeting, the soccer game, the are going to let the marketplace work Texas. football game, and still be able to and we are going to take one source of May 1, 1997 CONGRESSIONAL RECORD — SENATE S3889 stress off the hourly employee in this the hourly employee does not have the working in the private sector, the per- country who wants to spend time at same flexibility today that a salaried son who is working paid by the hour— home with their children, time catch- employee does. The salaried employee does not give them per law that choice, ing up on errands, or just time relaxing can make an arrangement with the em- and, in fact, prohibits employers and with loved ones and friends. ployer to shift time, to be gone a Fri- employees from making that choice; That is what the Family Friendly day afternoon, to work extra some that determination. In that same poll, Workplace Act does. That is why I am other time, that flexibility is not avail- Mr. President, 82 percent said they happy to be a cosponsor with Senator able to the hourly employee. That is would support the Family Friendly ASHCROFT, and give the 28 million discrimination. That is wrong. That is Workplace Act. women and 60 million working Ameri- what this bill is aimed at rectifying. An article in the Cincinnati Enquirer cans in this country the same schedul- Mr. President, it is also discrimina- read, ‘‘A little flexibility would be a ing freedom that other employees in tion to say if you work for the Federal godsend to good workers who also want this country have had for years. Those Government or if you work for local to be good parents.’’ The article went Americans who work so hard day in government, you have to follow one set on to say, ‘‘It could benefit employers, and day out at their jobs, then have of rules and you have many options as too, who find it easier to recruit and that extra burden of having to work far as the time you work. But if you retain productive workers.’’ when they come home. Most do not work in the private sector, the Federal An article in the Akron Beacon Jour- come home from work and sit in a Government says, ‘‘Oh, no, you do not nal quoted Ann Morris as saying very chair and rest. They come home from have that flexibility.’’ That is discrimi- simply and for obvious reasons, ‘‘In the work and they fix dinner for the kids, nation. Again, that is what this bill is long run, my time is more important they fix lunch for school tomorrow, designed to rectify, change, and stop than the extra dollars.’’ and then they do homework with the that discrimination. Mr. President, furthermore, the kids or whatever it is that has to be S. 4, the Family Friendly Workplace President of our country, President done. Their day is not over at 5 o’clock. Act, Mr. President, will finally provide Clinton, has stated on more than one From time to time, they need to be the flexibility that today’s work force occasion that he understands the need able to take entire days or even weeks so desperately needs. The act will allow for more flexibility in the workplace off from work. The Family Friendly employers and employees to mutually and that he favors opportunities for workers, such as compensatory time in Workplace Act will allow them to save agree, voluntarily, on whether an em- lieu of traditional overtime pay, flexi- up the hours to do that. Mr. President, ployee will receive overtime compensa- ble credit hours, and biweekly work we cannot give America’s hardworking tion in the form of the traditional time schedules. This is what he said at the families any more than 24 hours in the and a half—money; or, that same time Democratic National Convention. I day, but we can do the next best thing and a half as compensatory time off. quote President Clinton. ‘‘We should by enacting this important legislation. That choice this bill gives to that em- pass a flextime law that allows employ- I thank Senator DEWINE for yielding ployee and that employer. ees to take overtime pay and money, or the floor. I hope we will be able to talk Employers and employees will be time off, depending on what is better about this for a long time to come be- able to mutually agree to biweekly work schedules instead of the tradi- for their family.’’ cause if the Democrats are indeed In describing his own initiative, this tional workweek. Employers and em- going to filibuster and keep the Senate is what President Clinton said: from responding to the needs of Ameri- ployees will be able to mutually agree This legislative proposal is vital to Amer- ca’s workers who overwhelming sup- on the use of flexible credit hours. ican workers—offering them a meaningful port this bill, then I am ready to talk These choices will alleviate the pres- and flexible opportunity to balance success- for a long time. This bill means a lot to sures working women, single parents, fully their work and family responsibilities. me and it will mean a lot to the fami- constantly face today, Mr. President, The legislation will offer workers more lies of our country. If we have to stand in their attempt to balance the respon- choice and flexibility in finding ways to earn on our feet and talk for 2 weeks, count sibilities at work with their obliga- the wages they need to support their families me in. tions to their children, their obliga- while also spending valuable time with their families. The PRESIDING OFFICER. The Sen- tions to their family. ator from Ohio. The cornerstone to each of these op- Mr. President, these options have Mr. DEWINE. Mr. President, let me tions is this foundation of choice. It is been on trial in the public sector. It is congratulate my colleague from Texas voluntary. It is giving the employee not as if we do not have a wealth of ex- for not only an excellent statement but one more tool. Mr. President, I and my perience in this area. We do have years for the tremendous work she has done, colleagues are not alone in recognizing and years of experience, and thousands not just on this bill, but on many that our work force, our workplaces and thousands of employees who have pieces of legislation that really reflect have changed. benefited from this. how American families live today. We are not alone in understanding It is always instructive, I think, be- Government, many times, has a hard that the Fair Labor Standards Act fore Congress to act to look to see time keeping up with changes in soci- passed many, many years ago no longer what experience we have. I think this ety. She has worked, for example, on in this respect totally meets workers’ has shown, Mr. President, that this is the homemaker IRA bill, another bill needs. We are not alone in understand- clearly what we need to do because the that, again, tracks the changes in soci- ing that it is time for change. experience has been in fact good. This is what President Clinton has to ety and gives families flexibility to A 1994 study by the Department of say about this. Let me quote: allow them to make adjustments in Labor stated that the primary concern their life, to live their lives the way of two-thirds of working women with Broad use of flexible work arrangements to enable Federal employees to better balance they want to live them. I congratulate children was the difficulty in balancing their work and family responsibilities can her for her great work and look for- work and family. No surprise. A poll increase employee effectiveness and job sat- ward to working on this bill and con- taken by Money magazine, just pub- isfaction while decreasing turnover rates and tinuing this debate in the future. lished in this May’s issue, states, absenteeism. Mr. President, I think one of the ‘‘Sixty-four percent of the public and 68 That is the view our President ex- points that my colleague from Texas percent of women said that if they had pressed on July 11, 1994. The President made very well is that this bill—the a choice between taking cash or time recognized that people sometimes have current law discriminates against off for working overtime they would to struggle very hard to balance the de- hourly workers. We have a situation definitely choose the time.’’ Let me re- mands of work and families. today where two people can be working peat that. Two-thirds said if they had a A couple of years after he made that together, one is a salaried employee, choice they would choose the time. It earlier statement, the President went the other is an hourly employee, and is a question of choice. even further calling on all Federal the hourly employee, really because of The point is, Mr. President, that cur- agencies to develop a plan of action for the way the law is written, because of rent law does not give the average better implementation of these flexible a quirk of history, legislative history, American worker—the person who is work schedules. Again I quote: S3890 CONGRESSIONAL RECORD — SENATE May 1, 1997 I am directing all executive departments that time and a half it gives it more much help—I say ‘‘help’’—that the and agencies to review their personnel prac- flexibility. It gives certainly more po- Nazis had in disposing of this loot. We tices and develop a plan of action to utilize tential value for the employee because are beginning to get some idea. Now we the flexible policies already in place . . . flexible hours that will enable employees to it allows the employee to decide how to have a better idea. schedule their work and meet the needs of take that. We know that Swiss banks facilitated their families. My colleague from Minnesota, Sen- the looting of gold from all over Eu- That is from a Presidential memo- ator WELLSTONE, also said it cuts bene- rope. We know that the accounts of randum dated June 21, 1996. fits. It is simply not true. We will have great numbers of Holocaust victims Finally, in his State of the Union Ad- the opportunity to talk about this at were never returned by Swiss banks to dress, this is what the President said. length. There has been no evidence their heirs. But we also know that our ‘‘We should pass flextime so workers brought forward that shows this at all. Nation had similar problems. Other na- can choose to be paid overtime and in- The facts simply aren’t there. tions had similar problems and partici- come, or trade it in for time off to be He also said that it abolishes the 40- pated. France was one of them. with their families.’’ hour work week. That is not true. It I am shocked to see a December 1995 This is a quote the Democratic Lead- just isn’t true. I ask what is wrong report which I am holding here from ership Council: with an employee having the option to the French Ministry of Justice. Public policy should support two-parent design his or her biweekly time with Mr. President, this report details an families by giving them as much flexibility the consent of the employer, if they audit of some of France’s most pres- as possible to balance family and income both want to do it? What is wrong with tigious museums and explains how needs. The tools and protection workers need them designing the work week that these museums for over 50 years man- in the information age are different from says the employee will have every sec- aged to hide their ownership of almost those required in the industrial era. The Fair 2,000 works of art—1,955 works of art, Labor Standards Act needs to be modernized. ond Friday off? Maybe he or she wants Even with squeezed family budgets, for some to spend time with their family. Maybe to be precise, art that was looted from workers time off may be as valuable as extra they want to volunteer. Maybe they the victims of the Holocaust and depos- money. want to go fishing. Maybe they want to ited with these museums during the Mr. President, this type of bipartisan go hunting. It is not Government’s war, some of them sold on the so-called support I think provides us with a re- business. black market by the Nazis, who markable opportunity. A Democratic The current law prohibits employees stripped Europe, who stripped individ- President and Republican and Demo- and employers who do not work for the uals as they came through with their cratic leaders in Congress are united on Federal Government and who work by killing machine and sold the art or de- an important national issue facing the the hour from being able to make that posited it with these museums that American workplace. We may never kind of an arrangement. Is that an at- knew they were not the true owners have a better opportunity to pass this tack on the 40-hour workweek? I don’t who were selling it to them. legislation. think so. And I don’t think the Amer- Curator after curator cared more For the sake of those Americans who ican worker thinks so either. about the so-called, to use their words, are faced daily with the difficult chal- My colleague talked about enforce- sanctity of their collections, the muse- lenge of deciding between their liveli- ment. We listened to the testimony. We um’s collections than for justice of the hood, their family, their employers, listened to the complaints that were family from which art work was stolen. and the American work force as a made and the criticisms of the bill. This is unconscionable for the museum whole, I urge swift passage of this bill. And some of them, quite frankly, were to be saying, and I quote the museum I would like, Mr. President, to take justified. No bill is perfect, as it is in- in Versailles, the curator said, ‘‘Each just a moment—I am sorry my col- troduced. We took those criticisms, and every one of these works has its league from Minnesota is not here. He and altered the bill to try to deal with proper place in our collections.’’ Do not indicated that he was looking forward the constructive criticism from the disturb them. It does not matter that to continuing this debate. I know he other side of the aisle. they were stolen. It does not matter will in the weeks ahead. He had to This is a better bill as it comes to the that it was their property. leave to attend a budget hearing. But I floor, quite frankly, than it was when The report also quotes a curator from would like to briefly address several we started. the Muse´e d’Orsay as having said that comments that he made when he My colleague suggested that they a painting held in his collection by talked about this bill. I rather jok- certainly get credit for that. But the Gustave Courbet, the great painting of ingly, as he was leaving the floor, said enforcement is there. The enforcement the Cliffs at E´ tretat After a Storm— to him that the bill he had described is there. It relies on the current en- and here is a photograph of that paint- was not the bill that I thought we forcement of the Fair Labor Standards ing; it is one of the great masterpieces passed out of the committee. Let me Act—enforcement that has been in of the world—is one of the master- explain to my colleagues. place. The mechanism is there. And it pieces that we would have to buy at a He cited four problems that he saw provides very, very specific and tough great price if we did not already have with this bill. The first was he said it penalties if, in fact, an employer in any it. was a pay cut. He said that overtime way tries to coerce an employee, if Well, they may have it, but who does should be sacred. Mr. President, he is they in any way try to abuse the privi- it rightfully belong to? Are we saying absolutely right. Overtime should be leges that are given employees and em- that the great art museums of the sacred. Overtime is sacred in this bill. ployers in this bill. world, and particularly in France, have What we are simply saying is that if So I look forward, Mr. President, to a right to keep this stolen art work? an employee, because of his or her fam- having the opportunity to discuss this Mr. President, this painting sits ily situation, or for whatever reason, bill in the future. today in the Muse´e d’Orsay and the decides that they would rather take I yield to my colleague from New simple matter is that it does not be- time and a half in time at some other York. long to that museum. This painting, date instead of money, they have the f along with thousands of others and option to do that providing both the with other art objects in the French employee and employer want to do DISPOSITION OF LOOTED museums, should be immediately that. That is all it says. That is flexi- ARTWORK turned over to an independent author- bility. That is allowing workers who Mr. D’AMATO. Mr. President, when ity to quickly establish its rightful work by the hour to get paid by the the Banking Committee began the in- ownership. The French Government hour, to have the same rights Federal quiry into Swiss banks, we had no idea has established a commission to study workers have, that State workers have, where the trail would lead. We know the problem but the true owners should and the same rights that salaried em- that the Nazis had looted personal be- not have to put up with the delays that ployees have today. longings of millions from all over Eu- go along with commissions like this. It So it preserves the concept of over- rope—gold, personal matters, bank ac- has been 50 years, as the report states. time, and time and a half. In fact, with counts. But we really did not know how The French museums have made little May 1, 1997 CONGRESSIONAL RECORD — SENATE S3891 or no attempt to find either the heirs The PRESIDING OFFICER. Without I ask unanimous consent that ex- or the owners of these art works. These objection, it is so ordered. cerpts of the remarks of our colleague, works have appeared in exhibits nu- f the senior Senator from New York, at merous times, have been in possession Georgetown University’s Marvin H. GROWING INTELLIGENCE BUDGETS of the most prominent art museums in Bernstein Lecture be printed in the the world. The process of returning Mr. KERRY. Mr. President, recently RECORD. I commend this important these works of art must be put in the our colleague, Senator MOYNIHAN, se- commentary on the problems of bu- hands of a party that can search for cured, or maybe not so recently, his reaucracy and secrecy to all of my col- true owners and do so without a worry FBI file, and it is interesting that in leagues. whether or not they fit neatly into mu- 1961, in a memorandum suggesting a There being no objection, the mate- seum collections. After more than 50 meeting between himself and a then rial was ordered to be printed in the years, it is time for justice. And just as very youthful DANIEL PATRICK MOY- RECORD, as follows: we seek that proper accounting from NIHAN, J. Edgar Hoover wrote, ‘‘I am SECRECY AS GOVERNMENT REGULATION not going to see this skunk.’’ the Swiss bankers, it is time that (By Senator Daniel Patrick Moynihan) French museums do the same. Now, the Senator from New York has been called many things, as we all have Marver Bernstein was a scholar of great Mr. President, almost 3 weeks ago, I range and authority, but his primary work wrote to the French Ambassador, a let- in the course of our careers, but after concerned government regulation, notably ter dated April 8, which I will submit considerable amount of reflection I his celebrated editorship of Volume 400 of for the RECORD and ask unanimous con- concluded that the only way in which The Annals: The Government as Regulator. sent that it be printed. this moniker could stick would clearly In that tradition, I would like to consider se- There being no objection, the letter be in a way that J. Edgar Hoover did crecy as a form of government regulation. was ordered to be printed in the not intend, and that is that the distin- If at times my account appears more anec- dotal than analytic, I plead that data is the RECORD, as follows: guished Senator from New York has long and often been a skunk at the gar- plural of anecdote. U.S. SENATE, COMMITTEE ON BANK- And so we begin of a morning early in Jan- ING, HOUSING, AND URBAN AF- den party of the intellectually com- uary, 1993, when I paid a farewell call at the FAIRS, fortable, challenging our thinking White House on George Bush, a fine friend Washington, DC, April 8, 1997. about the status quo. and a fine President. As I was leaving the His Excellency FRANCOIS BUJON DE L’ESTANG, Most recently, he has brought this Oval Office, his redoubtable Chief of Staff Ambassador, The French Embassy, very considerable skunk-like presence James A. Baker, III ran into me, and asked Washington, DC. to the matter of America’s intelligence if I might wait for him in his office until he DEAR AMBASSADOR BUJON DE L’ESTANG: As bureaucracy in the post-cold-war era. had finished some business with the Presi- you are probably aware the Senate Banking dent. I went down the hall, was served coffee, Committee, of which I chair, is currently He has asked why it is that our vast in- telligence apparatus, built to sustain and awaited his pleasure. conducting an investigation into the disposi- In time he returned to his office, went out, tion of heirless assets belonging to victims of America in the long twilight struggle and came back with a small stack of what the Holocaust. One of the subjects of our in- of the cold war continues to grow at an seemed like magazines. Baker wanted to vestigation is the disposition of artwork exponential rate? Now that that strug- show me what had become of the morning in- looted by the Nazis during the Second World gle is over, why is it that our vast in- telligence summary.That is to say, the Na- War. It is my understanding that there are telligence apparatus continues to grow tional Intelligence Daily, or ‘‘NID’’, which currently 1,995 pieces of such artwork in even as Government resources for new the Central Intelligence Agency had begun storage in Paris. Could you please provide back in 1951. It used to be ten or twelve pages me with a descriptive list of this artwork. and essential priorities fall far short of what is necessary? Why is it that our long, plain cover, Top Secret. Some three Additionally, could you inform me of the hundred copies were printed. The real stuff, steps your country has taken to identify the vast intelligence apparatus continues Baker now showed me half a dozen national rightful owners of these works of art and the to roll on even as every other Govern- intelligence dailies from half a dozen na- numerous dormant French bank accounts be- ment bureaucracy is subject to increas- tional intelligence agencies. Some had pho- longing to victims of the Holocaust. Thank ing scrutiny and, indeed, to reinven- tographs on the cover, just like the Washing- you for your cooperation in this very impor- tion? ton Post. Some were in color, just like the tant matter. Our colleague’s answer is an impor- Washington Times. The Chief of Staff ex- Sincerely, plained it was necessary for him to arrive at ALFONSE D’AMATO, tant one for all of us to reflect on. The answer is secrecy and bureaucracy. It dawn to read them all, try to keep in mind Chairman. what he had already read in the press or seen Mr. D’AMATO. My office has been in is secrecy that conceals structure, on television, and prepare a summary for touch with the French Embassy and budgets, functions, and critical evalua- POTUS. As Paul C. Light would have it, gov- has been assured of their cooperation tion from the public, the executive ernment had thickened and heightened; repeatedly. I told them I was going to branch and most Members of Congress, someone now had to summarize the summa- come to the floor today. We called including those on appropriate over- tions. sight committees. It is bureaucracy, I left musing about this. I had a passing ac- them. We were assured by the Ambas- quaintance with public administration the- sador’s secretary, oh, yes, we are going the nature of the self-perpetuating in- stitution like any of our intelligence ory, having been patiently instructed by to get you this information. James Q. Wilson and Stephen Hess. I knew This is not a great secret. This Jus- agencies, that leads to an ongoing re- Anthony Downs. Had even spoken to Luther tice Ministry report again goes back to definition of purpose and ongoing cre- C. Gulick as he approached his 100th birth- 1995. The quotes that I have given you ation of redundant systems and ongo- day in a hamlet on the banks of the St. Law- come from this report in terms of the ing expansion of scope. rence River. I was beginning to be familiar attitude of the museums. The first component, secrecy, means with the new ‘‘institutional sociologists’’ So whether it is ‘‘Cliffs at E´ tretat’’ that the normal active tools of democ- such as Paul DiMaggio, Walter Powell, How- ard Aldrich. I had read with great profit the or whatever artwork it is that has been racy, that is, press scrutiny, public de- bate, and appropriate oversight from works of Suzanne Weaver and Robert A. stolen and taken illegally, it is time Katzmann in the M.I.T. series on Regulatory now for a proper accounting. That is executive and the congressional Bureaucracy. And a common theme was what we seek. We will continue to pur- branches, are absent. And the second emerging. To cite DiMaggio and Powell, ‘‘Or- sue this matter. I hope that the French component, bureaucracy, means that ganizations are still becoming more homo- Ambassador and the French Govern- reform, downsizing, reorganization, geneous and bureaucracy remains the com- ment would begin to work with us in and elimination of redundancies cannot mon organizational form.’’ accommodating justice. come from within because, as the Sen- Light calls this ‘‘isomorphism,’’ In a 1978 I thank my friends. I yield the floor. ator from New York demonstrates, our lecture drawing on Wilson, and through him Mr. KERRY addressed the Chair. intelligence apparatus is merely fol- on to the 19th century German sociologist Simmel, I had propounded ‘‘The Iron Law of The PRESIDING OFFICER. The Sen- lowing the norms of all agencies. Emulation.’’ Organizations in conflict be- ator from Massachusetts. This suggests that the intelligence come like one another. (Simmel had noted Mr. KERRY. Mr. President, I ask bureaucracy will not, indeed cannot, that the Persians finally figured out it was unanimous consent that I be permitted change until we act on the cultural best to have Greeks fight Greeks.) The Unit- to proceed as if in morning business. barriers to reform. ed States Constitution assumed conflict S3892 CONGRESSIONAL RECORD — SENATE May 1, 1997 among the three branches of government; I by the bureaucracy as this attitude, which thor but including the Secretary himself, traced conflict techniques among them rang- cannot be substantially justified beyond that a dangerous person had infiltrated their ing from office buildings to personal staffs to these specifically qualified areas. In facing a ranks with the clear implication that he foreign travel. Now, however, one’s attention parliament, the bureaucracy, out of a sure should go. I can’t demonstrate this but offer was directed to conflict techniques employed power instinct, fights every attempt of the the judgment that at this time in Washing- by agencies within one branch, the Execu- parliament to gain knowledge by means of ton at any other department the person in tive. its own experts or from interest groups. The question would have gone. Hoover had files The intelligence community called out for so-called right of parliamentary investiga- on everyone, or so it was said. He and Allen attention. Perhaps it was the room I had just tion is one of the means by which parliament Dulles at the CIA were JFK’s first an- left, this southwest corner room in the White seeks such knowledge. Bureaucracy natu- nounced appointments, rather reappoint- House. I was there on the early afternoon of rally welcomes a poorly informed and hence ments. November 22, 1963, awaiting news from Dal- a powerless parliament—at least in so far as The Department of Labor was different las. The door burst open; in rushed Hubert H. ignorance somehow agrees with the bureauc- only insofar as Arthur J. Goldberg was dif- Humphrey. ‘‘What have they done to us?’’ he racy’s interests.’’ ferent. On August 2, C.D. ‘‘Deke’’ DeLoach gasped. By ‘‘they’’ we all knew; the Texans, The Federal Bureau of Investigation is had informed the Secretary that ‘‘it would the reactionaries. Later in the day one nearest the ‘‘ideal type’’ of such a bureauc- appear to be impossible to deal with Moy- learned a suspect had been arrested; associ- racy, and has the longest experience of the nihan on a liaison basis in view of his obvi- ated with Fair Play for Cuba. At midnight I secrecy system that developed in the United ous biased opinion regarding the FBI.’’ The met the cabinet plane that had been halfway States from the moment of our entry into Secretary called me in, said: ‘‘Pat, you have to Japan. I sought out the Treasury official the First World War and the enactment of a problem. Go and explain your point of view in charge of the Secret Service. We must get the Espionage Act of 1917. The system began to the Director.’’ The next day, DeLoach custody of Oswald, I pleaded. Else he will as a mode of defense against foreign subver- agreed to see me, but made plain he could never get out of that jail alive. sion, frequently exploiting the divided loyal- barely stand the sight. There is a three-page, After Oswald was shot, I went round in the ties of recent immigrants, and not infre- single-space memorandum of the meeting in quently stigmatizing an entire class of per- company of John Macy, head of the Civil my FBI file, sent to the Director through fectly loyal citizens. This pattern persisted Service Commission, pleading that an inves- John Mohr. It concluded: through the inter-war period, the Second tigation had to look into the jaws of hell, ‘‘Moynihan is an egghead that talks in cir- World War, and onto the Cold War. From else we would be living with a conspiracy cles and constantly contradicts himself. He eminences such as Theodore Roosevelt who theory the rest of our lives. I carried with shifts about constantly in his chair and will in 1917 sounded the warning against ‘‘the me a recently reprinted book of the post- not look you in the eye. He would be the Hun within,’’ on to the obscenities of the Civil War era which ‘‘proved’’ that the Jesu- first so-called ‘‘liberal’’ that would scream if McCarthy era, down to the present when, if its assassinated Lincoln: the FBI overstepped its jurisdiction. He is I do not mistake, Islamic Americans are ‘‘Booth was nothing but the tool of the Je- obviously a phony intellectual that one going to find themselves under surveillance, suits. It was Rome who directed his arm, minute will back down and the next minute after corrupting his heart and damning his as it were. I offer this proposition. The attempts at strike while our back is turned. I think we soul.’’ made numerous points in our interview with And, of course, today something like half of subversion were real, but never of truly seri- ous consequence. The one exception was the him, however, this man is so much up on all Americans think the CIA was involved in ‘‘cloud nine’’ it is doubtful that his ego will the assassination of President Kennedy. atomic espionage at Los Alamos. But even that was temporary. Soviet scientists would allow logical interpretation of remarks made There is even a Hollywood movie to prove it. by other people.’’ Nor can the historians disprove it. The have developed an atom bomb on their own; The Director appended a handwritten nota- records are sealed. We have an Assassination as they did a hydrogen bomb. Espionage is tion, ‘‘I am not going to see this skunk.’’ Records Review Board that lets some things intriguing, but data analysis is more reward- I survived: in part, I think, because the out; not much. Recently, an eminent author ing. One thinks of the poster in the head- agency had no fall-back position. One raid wrote to tell me of a meeting with some CIA quarters of the Internal Revenue Service. ‘‘It had always done the trick; no Secretary ever officials a few years ago in an effort to get Took an Accountant to nail Al Capone.’’ The asked that a 34-year-old get in to see the Di- some information on how the agency handled problem is that in this, as in much else, the rector. the aftermath of the assassination: American public, and the Congress at time, ‘‘Surely, I said, the agency has an interest were led to believe that it took the more se- Organizational maintenance is nowhere in countering such a widely shared conspir- cretive FBI. more manifest, and at times ruinous, than in acy theory with the truth. I got . . . blank It happens this is not true, but heaven help matters of national security. Hoover was stares.’’ anyone who suggested otherwise at mid-cen- present at this creation during the war In his classic study, The Torment of Se- tury. Or such was my experience. As an aide hysteria of 1917 and 1918 and the anti-radical crecy, which appeared in 1956, Edward A. to Governor Averell Harriman of New York rumpus that followed, including Attorney Shils defined secrecy as ‘‘the compulsory in the 1950s. I became interested in the sub- General A. Mitchell Palmer’s celebrated withholding of information, reinforced by ject of organized crime after a State Trooper raids. The FBI was on to Communist activi- the prospect of sanctions for disclosure.’’ But came upon an extraordinary assembly of ties fairly early on, and not about to cede secrets are disclosed all the time, and sanc- mob leaders from around the nation that territory. Richard Gid Powers has related tions for disclosure are rare to the point of convened in the hamlet of Apalachin in the the struggle with the Office of Strategic being nonexistent. (In the eighty years since Southern Tier of New York. I became periph- Services during World War II—Hoover want- the Espionage Act of 1917, only one person erally involved as a Senate staffer with Rob- ed to go overseas. There were social tensions, has been sent to prison simply for revealing ert F. Kennedy, who was pursuing the sub- as Powers records. ‘‘Oh So Social,’’ for the a secret, as against passing material to a for- ject. In July, 1961, I published an article in Office of Strategic Services; ‘‘Foreign Born eign power.) In 1995, I was asked to write an the Reporter magazine entitled, ‘‘The Pri- Irish,’’ for the FBI. introduction to a paperback edition of Shils’ vate Government of Crime,’’ in which I ar- However, there is another perspective, per- work, and came up with the thought that se- gued that from its roots in prohibition, haps best evoked by the tale of British For- crecy is a form of government regulation. If which was a large scale manufacturing and eign Secretary Ernest Bevin, sometime head this were so, we could look for the patterns marketing activity, that there was some- of the Transport and General Workers Union, those institutional sociologists keep coming thing that could reasonably be termed orga- on his return from the 1945 Potsdam con- up with. nized crime, that it was serious, and that we ference. What, he was asked, were the Sovi- Begin with Max Weber and his chapter, had not found a way of dealing with it. Why, ets like? ‘‘Why,’’ he replied, ‘‘they’re just ‘‘Bureaucracy’’ in Wirschaft und Gescllschaft I asked, did American government have so like the bloody Communists!’’ By contrast, (Economy and Society), published after his little success in dealing with this phenome- it is quite possible that Harry S. Truman had death in 1920, but most likely written in part non? My general thesis was that there was never met a Communist until he sat down prior to World War I. He writes: insufficient organizational reward. Almost with Stalin at the same conference. Simi- ‘‘Every bureaucracy seeks to increase the in passing, I noted that the FBI, which had larly, Hoover may never have met a Com- superiority of the professionally informed by ‘‘not hesitated to take on the toughest prob- munist in his own circles. It was a matter of keeping their knowledge and inventions se- lems of national security . . . has success- regionalism, in what was then a much more cret. Bureaucratic administration always fully stayed away from organized crime.’’ It regional nation. The clandestine activities of tends to be an administration of ‘secret ses- got you nothing but institutional trouble. the Communist Party of the United States of sions’ in so far as it can, it hides its knowl- By now I had joined the Kennedy adminis- America were common knowledge within po- edge and action from criticism. tration as an aide to then-Secretary of Labor litical and intellectual circumstances of ‘‘The pure interest of the bureaucracy in Arthur J. Goldberg. In a matter of weeks Manhattan in the 1930s. They were a given. power, however, is efficacious far beyond from the publication of the article, the De- Such urbanity, if that is not an offensive those areas where purely functional interests partment of Labor building on Constitution phrase, was unknown to the ward politics of make for secrecy. The concept of the ‘official Avenue was literally raided by G-Men. They Kansas City, and equally to the Protestant secret’ is the specific invention of bureauc- hit the Secretary’s floor in unison, went door churches in young Hoover’s Seward Square racy, and nothing is so fanatically defended to door, told everyone save the hapless au- on Capitol Hill. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3893 In this sense, it was as easy for Harry S. George Kennan, and embodied in the policies evident that the Soviet Union had long Truman to believe that there were no Com- of such as Acheson and McCloy, gave way to maintained an active apparatus for espio- munists in government as for J. Edgar Hoo- an agitated anxiety, rhetorically on the part nage in the United States. For a country ver to believe they were everywhere. Neither of Republicans, but as a matter of practice which had never previously thought of itself had any experience with a political commu- and policy on the part of Democrats. A real- as an object of systematic espionage by for- nity in which some persons were Com- ist view would have seen the Soviet Union as eign powers, it was unsettling.’’ munists, some had been, some had nuanced an absurdly overextended colonial colossus The larger society, Shils continued, was differences, some implacable hostility. The which would collapse one day, essentially ‘‘facing an unprecedented threat to its con- world, you might say, of Whittaker Cham- along ethnic lines. (What, after all, had hap- tinuance.’’ In these circumstances, ‘‘The bers. Or, for that matter, the late Albert pened to the other European empires in the phantasies of apocalyptic visionaries now Shanker, President of the American Federa- second half of the 20th century!) Instead, claimed the respectability of being a reason- tion of Teachers. His February 1997 obituary Democrats, launched an invasion of Cuba, able interpretation of the real situation.’’ A records his struggle with Communists in the bringing the world close to a nuclear ex- culture of secrecy took hold within Amer- teachers’ unions of New York City in the change, and leaving an absurd problem with ican government which abetted a form of 1950’s. Thus: ‘‘The anti-Communist Teachers us to this day. Off we went to Vietnam, quite threat analysis which led to all manner of Guild was a weak group of 2,400 members.’’ oblivious to the Russian-Chinese hostilities misadventure. In the tumult and torment that followed that broke out at the same time. And so on. The permanent crisis perceived in Wash- World War II, it would appear that at first In 1974, Donald L. Robinson described this as ington was surely overdone. Hoover tried to ‘‘warn’’ Truman of suspected ‘‘The Routinization of Crisis Government.’’ I offer what follows somewhat as conjec- Communists in or about the American gov- After all, regulatory regimes seek routine! ture, but with a measure of conviction. The ernment. We have in the Truman Library a Part of this disorder may be ascribed to Soviet Union never intended to invade West- four-page letter of May 29, 1946, from the Di- the development of a vast culture of secrecy ern Europe, or generally speaking, engage in rector to George E. Allen, then head of the within the American government which a third World War with the West. The leaders Reconstruction Finance Corporation, and a hugely interfered with the free flow of infor- in Moscow were, for a while there at least, friend of the President, concerning ‘‘high mation. The Central Intelligence Agency Marxist-Leninists. That doctrine decreed Government officials operating an alleged came into being, rather to the annoyance of that class revolution would come regardless. espionage network in Washington, D.C., on the FBI which was slow to cooperate with it. It had been hoped for in 1919–20, again in behalf of the Soviet Government.’’ Almost (For that matter, it was not until 1952 that 1945–48. It hadn’t occurred, but it surely everyone of consequence was implicated. the Pentagon felt comfortable enough with would. In the meantime, build socialists at First of all, ‘‘Under Secretary of State Dean the CIA to share the VENONA decryptions.) home. Early in the Cold War the United Acheson,’’ ‘‘Former Assistant Secretary of Scientists such as Frederick Seitz protested States developed surveillance techniques, be- War John J. McCloy,’’ ‘‘Bureau of the Budg- secrecy, but with small success. The problem ginning with the U–2 ‘‘spy plane’’ and lead- et—Paul H. Appleby.’’ It happens I had a was that the secrecy was secret. No one ing on to satellite imagery of today’s Na- slight acquaintance with McCloy, rather knew what was in the NID. And so matters of tional Reconnaissance Office. more with Acheson, and was close to large import were never really debated. I conjecture that this technology, and as- The most important area was that of the Appleby. Anyone with the least sense of the sociated underwater devices, gave us first of Soviet economy. From the mid-1960s on, the Marxist mindset would instantly understand all the security of knowing we would get a intelligence community perceived the Sovi- that such men lived in a wholly different heads up on any serious Soviet preparations ets growing at a considerably greater rate world. for an attack. Not, perhaps, a spasmodic nu- There now commenced a tragedy of large than the United States. Inevitably, a ‘‘cross- clear strike by a crazed commander but any- consequence and continued portent. On De- over’’ point would come when the GDP of the thing approaching mobilization of the sort cember 20, 1946, Meredith Gardner of the USSR would exceed that of the United that said to have triggered World War I. Army Signal Agency across the Potomac States. In fairness, in the early years there (Once one side starts, the other must start, ‘‘broke’’ the first of the coded VENONA dis- were outside economists who seemed to else a five-day advantage prove decisive, patches sent mainly by the KGB from New agree, notably Samuelson. But this fell off. etc., etc.) York to Moscow. It was dated December 2, In the summer of 1990, Michael J. Boskin, Similarly, in time, the Soviets had their 1944. There were names of the principal nu- then-chairman of the Council of Economic own satellites: could track NATO forces, the clear physicists working at Los Alamos. Advisers, testified before the Senate Foreign various U.S. Fleets, our bombers and so Treason most vile had indeed taken place, Relations Committee on this matter. He es- forth. We never planned to invade the Soviet was still going on, was indeed occurring, timated that Soviet GNP came to ‘‘only Union. We were obsessive about the Western even as Acheson and Newman and Marks and about one-third of the GNP of the U.S.’’ He Hemisphere: nothing new since Monroe’s others worked at establishing some kind of volunteered that ‘‘as recently as a few years time. And seemingly incapable of under- international post-war regime to control the ago, the CIA estimates were at 51 percent.’’ standing that when an idea dies in Madrid, it bomb. They knew well enough that the bomb In a question, I noted that the highest pub- takes two generations for word to reach Ma- would not remain a secret long. Science does lished figure was 59%, but that the secret es- nagua. But never warlike as regards the So- not keep secrets. But they did not know that timates were even higher. It is hard not to viet Union itself. the Soviets had got hold of our plans, and in conclude that the Agency had simply ac- A second lesson is less sanguine. The Cold consequence, would get their own bomb two quired an institutional interest in the view War has bequeathed us a vast secrecy sys- to three years sooner than otherwise, and that the Soviets were gaining on us. We will tem, which shows no sign of receding. It has hence would want no part of an international debate for some time—say a century—wheth- become our characteristic mode of govern- regime. er the arms build-up, begun by President ance in the Executive Branch. Intelligence They did not know because J. Edgar Hoo- Carter in the Cold War mode, but continued agencies have proliferated; budgets continue ver did not tell them. for some time by President Reagan, some- to grow, even as the military subsides. Every Army Signals decrypted the cables, leaving how ‘‘bankrupted’’ the Soviet Union. But the day we learn of some new anomaly. As, for it to the FBI to identify the individuals des- Cold War did end, and the West did prevail. example, the Commerce Department em- ignated by code words. Julius Rosenberg was There cannot be too much fault to be found ployee who took his Top Secret clearance LIBERAL. Another atomic spy, the 19-year- with this outcome. But surely there are les- with him to the Democratic National Com- old Harvard graduate Theodore A. Hall, was sons. mittee. (Look for the day when it is a mark MLAD (Russian for ‘‘youngster’’). The first lesson is that a culture of secrecy of institutional prestige to have an honest- The National Security Agency has now kept the nation from learning the extent of to-goodness spy discovered within one’s made public the VENONA decryptions.8 We Communist subversion in the 1930s and 1940s. ranks!) In 1995, there were 21,871 ‘‘original’’ never broke more than perhaps 10 percent of (Subversion was present from the first. John Top Secret designations and 374,244 ‘‘deriva- the traffic, such is the impenetrability of Reed was a paid Soviet agent. But it didn’t tive’’ designations. Madness. one-time pads. But all of a sudden, in 1995, much matter until World War II came in In the meantime, as old missions fade, the the American public learned what we had sight.) Unlike the anti-German hysteria of various intelligence agencies seek new ones. known. the First World War, and the anti-Japanese This has been painful to observe. I cannot The awful truth, however, is that when the hysteria of the Second, concern with Com- say I could wish for the return of J. Edgar President of the United States needed to munist subversion from the 1930s into the Hoover, as he thought I was a skunk. But know this, which is to say Harry S Truman, Cold War was entirely appropriate. Even so, someone needs to learn from Hoover’s cau- he was not told. the Soviet success was limited, and was wan- tion about taking on problematic missions. As best we know, and we never will know ing by the time we began to be aware of it. For example, keep the CIA out of drug traf- until the FBI opens its own files, President (The Soviet threat was another matter; an ficking. Stick to terrorism and weapons Truman was never told of VENONA. Nor it adversary with nuclear weapons, comething technology, including, of course, biological would appear, was Attorney General Tom wholly new to the human condition.) ‘‘The weapons. Same for most of the other agen- Clark. American visage began to cloud over,’’ Shils cies that now fill up our embassies, turning The consequences for American foreign wrote: our ambassadors into room clerks. policy were almost wholly negative. The re- ‘‘Secrets were to become our chief reliance And so to sum up. The twentieth century alism about the Soviet Union exemplified by just when it was becoming more and more saw the rise of the administrative state. S3894 CONGRESSIONAL RECORD — SENATE May 1, 1997 Government regulation has become the law to let us work less than 40 hours one She says: norm. However, we have developed not one, week and then more than 40 hours the next. I am reluctant to exercise this advantage, but two regulatory regimes. The first is pub- In my current condition, I need to be able to however, of mine because it seems unfair to lic regulation for which we developed all take off for doctors’ appointments. Due to me that I have something that my employ- the fact that I have a complication in my manner of disclosure, discovery, and due ees do not. I understand that this bill would pregnancy, I have more appointments than process. This regime is under constant scru- require that this opportunity be afforded to average. If I was able to take off more one tiny. Thus, the 104th Congress enacted the all employees, not just those in management week and work more the next, it would be Congressional Review Act which establishes or supervisory positions. a sweeping procedure whereby Congress, very helpful to me and other mothers in Mis- with Presidential approval, can nullify regu- souri. Here is another letter from a con- lations. That is perfectly stated. Here is an- stituent: There is, however, a second regulatory re- other letter: Time with my children is very important gime concealed within a vast bureaucratic My 2-year-old daughter is healthy but and, unfortunately, working outside the complex. There is some Congressional over- there are some days she needs extra atten- home is important, too. My children will sight: some Presidential control. Do not tion and some days that she is sick. Some only be young once, and missing parts of overestimate either. Not that the public is days she is just 2. their development is a very important part excluded altogether, save as bureaucracies or Meaning the terrible 2’s, I suppose. that I can never replace. I would like to bet- bureaucrats think it to their advantage to ter balance my family life and my work life. If I was able to take time I need for some make some things pubic. As, for example, it And I think the Family Friendly Workplace mornings and to make it up at lunch or the being budget time, we find on the front pages Act is an excellent opportunity for working next week, it would make my life much easi- the report that: parents. er. ‘‘The Central Intelligence Agency has sev- Here is a letter from a schoolteacher: ered its ties to about 100 foreign agents be- Here is another letter: cause they committed murder, torture and It’s been a struggle for me to be able to ar- I ask that you support the bill as I think other crimes. . . .’’ range for doctor appointments, be home it would be a great benefit to all citizens in This is surely a welcome development. Al- when my child is ill and my three children this country. As an educator, I feel that this though it could be asked why in the first in- are always sick at different times. Or when would allow parents time to be in school stance public monies were disbursed to mur- my babysitter has been unable to take my with their children. Time and time again, derers, torturers and sundry criminals. children because of illness. Not all of us have parents relate to me that they cannot come This second regime is in need of radical spouses or family members who can fill in to school for conferences or other meetings change. We have sensed this for some time. for us or when we need to be there for our because they have to work. This bill would But I now submit that change will only come children. My husband works out of town on allow some flexibility in the workplace. if we recognize it as a bureaucratic regime many occasions and is unable always to be Another letter. I think this letter is with recognizable and predictable patterns of around when needed. very interesting. This writer used to be Working parents are not asking for special self-perpetuation which will never respond to a Federal employee and is now working mere episodic indignation. favors, just a way to be able to meet the de- mands of both our jobs and families. The in the private sector. The individual Mr. DEWINE addressed the Chair. Family Friendly Workplace Act would help writes: The PRESIDING OFFICER. The Sen- solve the problem of inflexibility in the I have worked in the Federal Government ator from Ohio. workplace. Being able to arrange biweekly with a flexible schedule based on 80 hours Mr. DEWINE. Mr. President, I yield work schedules would be very helpful in and enjoyed it.’’ meeting the needs of our families. I would be such time as he may need to the spon- That means you work an average of sor of the bill, the Senator from Mis- able to take the time off for doctors’ ap- pointments or to leave a couple hours early 80 hours over 2 weeks. souri. one day if the babysitter calls to tell me my Now that I have left the Federal work The PRESIDING OFFICER. The Sen- child has a fever. Being able to make that force, I have questioned why this same op- ator from Missouri is recognized. time up the next week would certainly take portunity is not available to me in the pri- f off a lot of the pressure and the stress of tak- vate sector. As an American, this dis- ing these last few hours of leave time or po- appoints me greatly. The Government does VOLUNTEER PROTECTION ACT OF tentially being on leave without pay. not have enough confidence in me to allow 1997—MOTION TO PROCEED Here is an individual working be- me to make a decision to not take overtime The Senate continued with the con- cause they need the money. When a lit- pay if I exceed 40 hours a week. By pretend- sideration of the motion to proceed. tle crisis arises, because flextime is not ing to protect me, they have hurt me. My available, they have to leave the office company cannot pay me overtime, so I can- Mr. ASHCROFT. Mr. President, I not take time off next week. I would like to thank you for this opportunity to without pay. She goes on to say: see the same benefits that Federal workers spend a few more minutes helping The option of taking compensatory time in have, be offered to the private sector. those watching understand exactly lieu of monetary compensation would also be Another example is the vacation time, very valuable to working parents who just what significant opportunities we are the writer goes on to say: talking about with the Family Friend- need the time off. Here is another. What I receive in industry isn’t near that ly Workplace Act. It is our effort to try what the Federal Government provides. to give to people who are on hourly Presently I enjoy flexible schedules. The Three-day weekends were great while they extra day off [I have] during the week allows working arrangements the ability to lasted—even 4-day weekends allowed the me to spend one-on-one quality time with family to get away for a short trip, which is develop flexible working schedules—to my 5-year old daughter. She will start kin- about all we can ever afford anyhow, and I do it in the same way as has been pos- dergarten this fall, which makes these girls- still have discretionary time for kids, doctor sible for Federal workers so situated only days especially meaningful for both of visits, and other needs. for the last—well, during the 1970’s, us. Additionally, I can schedule many doc- 1980’s and into this decade of the 1990’s. tors’ appointments as well as other appoint- Here is a letter from a schoolteacher: The attempt to offer the ability to ments for me and my children on this day As an elementary teacher I feel parents work flexible schedules is a result of off. This allows me to save my accrued sick need to have time off to help in their child’s or vacation leave for a time when I really classroom and attend conferences. The chil- people feeling the stress of the job that need the sick leave or can take a well tugs them away from their families. In dren have the real benefit of this bill, if it planned family vacation. passes, because they will know that their order to understand the true nature of As a supervisor, I currently have the flexi- parents really do care about them and their workers’ stress and the benefit they bility in my schedule from week to week. progress in school. would gain from flexible work sched- However, my staff are not given the same op- portunity, although many of them would be We will have an opportunity to de- ules, I would like to read some letters bate and discuss this matter fully. I that have been sent to our office. Here able to utilize and benefit from it. thank the majority leader, TRENT is a letter that says: Kind of interesting to me. Here is the supervisor that has the flex capacity, LOTT, for allowing us to have this time DEAR SENATOR ASHCROFT. I’m a 29-year-old says that the staff ought to have the this afternoon to bring this bill for- working mother. I have a 2-year-old daugh- ward. It is pretty clear that the supple- ter and am pregnant and due in November. I same thing. This is really the crux of recently heard about your Family Friendly what we are talking about in this bill. mental appropriations will take prece- Workplace Act. Under current law where I My staff are not given this same oppor- dence over this bill when we reconvene work does not allow me to have a flexible tunity although many of them would be able next week and that budget matters will work schedule. They are not allowed by the to utilize and benefit from it. have priority and be the subject of our May 1, 1997 CONGRESSIONAL RECORD — SENATE S3895 deliberations. But, because this meas- NOTICE million. That is a high percentage of ure was the next measure to come up Financial Disclosure Reports re- our children being recorded in this. after those come before us, the major- quired by the Ethics in Government This is a terrible situation and, unfor- ity leader let us have a start on this Act of 1978, as amended and Senate rule tunately, an indictment of the culture. Let us look at out-of-wedlock births. important issue this afternoon. 34 must be filed no later than close of This is something that has received a I look forward to the time when business on Thursday, May 15, 1997. The lot of attention overall in our society. these other measures—which are very reports must be filed with the Senate important and require our attention— Consider where we were in 1960—about Office of Public Records, 232 Hart 5 percent. And you can go back earlier will have been settled and we can get Building, Washington, DC 20510. The back to this all-important issue of al- in time and it stays at about this 3 to Public Records Office will be open from 5 percent level. Consider where we are lowing workers to have the flexibility 8 a.m. until 6 p.m. to accept these fil- to spend time with their families. It is today—30 percent. About one in every ings, and will provide written receipts three children born in America today is as important as ever to allow workers for Senators’ reports. Staff members in the private sector who are paid born to a single mom. That is a tough may obtain written receipts upon re- situation. In our inner cities—in the hourly wages to have the same benefits quest. Any written request for an ex- that Federal Government workers have District of Columbia we have here, that tension should be directed to the Select figure gets up to nearly 60 to 70 per- had since 1978. Committee on Ethics, 220 Hart Build- So I thank the majority leader for cent. ing, Washington, DC 20510. My wife and I have three children. It giving us the opportunity to begin this All Senators’ reports will be made is tough enough for two of us to raise bill now. It will be necessary for us to available simultaneously on Friday, them, let alone without flexible time bring the bill down so we can proceed June 13. Any questions regarding the to be able to get off from work, and let to other matters. I close by thanking availability of reports should be di- alone without being born into a situa- my good friends who have helped in rected to the Public Records Office. tion where you start out with one par- this measure. Perhaps the most respon- Questions regarding interpretation of ent just at the very outset. sible for the significant progress we the Ethics in Government Act of 1978 The next chart, violent crimes taking have made is Senator DEWINE of Ohio, should be directed to the Select Com- place in our society. Unfortunately, I in whose subcommittee this bill was mittee on Ethics. think everybody knows the situation heard and whose leadership has re- f here, but look at the staggering num- sulted in it being one of the first pieces bers—staggering numbers. In 1960, we of major legislation brought to the THE CULTURAL DECLINE IN are talking about violent crime of- floor during this session of the Con- AMERICA fenses—rape per 100,000, we had about gress. Mr. BROWNBACK. Mr. President, I between 100 to 200 per 100,000 citizens in Mr. President, I yield the floor. the country in 1960. Look at where we The PRESIDING OFFICER (Mr. STE- would like to make a few remarks in morning business. Today, as most peo- are today. We are up at nearly 800 per VENS). The Senator from Ohio. 100,000 people. Look at that period of Mr. DeWINE. Mr. President, let me ple recognize, is a national day for prayer. We have also been talking time, 1960 to 1993, 33 years, and we go thank my colleague from Missouri for up nearly sevenfold in violent crimes, the excellent statement and expla- about a very important thing regarding families and a bill that has been put sevenfold. nation about his bill and also congratu- My own staff here in Washington, forward to try to help families be able late him for bringing this bill to the DC, and I have only been here now 4 to do their job better. floor. As he stated, we knew as we months, three of them have been bur- What I would like to speak about a began the debate today that we would glarized, my own staff here in Washing- little bit today is building off of that only just get started and that, because ton, DC. This is across the country statement and also off the National of concerns about the budget and other what is taking place. This is just a hor- Day of Prayer to talk about, overall, scheduling matters on the floor, we rendous number, if you look at that. would have to ask to have this bill the culture of America and what has Take a look at this. This one is sad, pulled down temporarily. We will be happened to our Nation, what has hap- about the hopelessness of some of our back on this bill. It is a very important pened in our culture. I think it prob- kids in this society. Just think about bill to American workers. It is a ques- ably would come as no surprise, unfor- the concept even of a teenager, some- tion of fairness. It is a question of eq- tunately, to most people that our cul- body who is just looking at getting uity. It is a question of really trying to ture is in difficulty and has been hav- into life and into what should be the bring our laws up to date to reflect the ing a great deal of problems lately. flowering, the spring of his or her life, reality of how people live their lives I have been looking at and studying committing suicide; having, actually, today, the reality of the American this issue for some period of time. Plus, the mental thought that I should end workplace. as I travel across my State, as I travel this life. To me that is just—it is al- It is a bill about eliminating dis- across Kansas, I hear more and more most unthinkable, anyway; abhorrent. crimination. The current law, frankly, people mentioning how much difficulty What has happened in our culture? as we talked about it, does in fact dis- they think the culture is in, how much These are again per 100,000. We used to criminate against hourly workers who they feel like they are fighting culture have about 3 in 1960. We are up to near- are in the private sector who do not just to raise their kids and raise their ly 12; quadrupled in a 35-year time pe- have the benefit of working for the families. I would like to take the Sen- riod, of teens being hopeless. How Federal Government. ate’s time for just a few minutes to de- much more do they reflect the rest of So, at this point I do ask unanimous scribe where are we today in this cul- teenagers who have thought about this consent to withdraw the motion to pro- ture. Why do we need things like flexi- and decide, well, I am not willing to ceed. bility for families to be able to be fami- quite take that step? It has quadrupled The PRESIDING OFFICER. Without lies again? Why do we need to do those in 35 years, in the state of our society. objection the motion is withdrawn. things? What about marriages ending in di- f Let us look at some of these charts. vorce? Do not hear me to say I am per- I apologize ahead of time for how dis- fect or my family is perfect. We have MORNING BUSINESS couraging they are, because they are. had divorces in our family, too, just Mr. DEWINE. Mr. President, I ask As you look at these things—look at like every family in America. But look unanimous consent there now be a pe- this. This is child abuse and neglect re- at the numbers, because they are stag- riod for the transaction of routine ports in America. We are talking, in gering; they really are. In 1920, about 10 morning business, with Senators per- 1976, about 500,000 of them, which was a or 11 percent of marriages ended in di- mitted to speak for up to 5 minutes lot at that point in time. But consider vorce. Where are we today? Nearly 50 each. where we are today: 3 million in 1995 percent; nearly 50 percent. And it af- The PRESIDING OFFICER. Without reported, of child abuse and neglect fects all families everywhere. It affects objection, it is so ordered. cases reported on an annual basis, 3 my family, too. Look at that. S3896 CONGRESSIONAL RECORD — SENATE May 1, 1997

What does it lead to overall? This is Senator KERRY’s statement was one have done more in Germany and elsewhere— a chart of a Fordham University study of the best I have heard. Mr. President, and yes, done more in America, and in the on the culture. They have tracked the I ask unanimous consent that Senator highest places of power in Washington. And as we know—and I say we, all of us, culture in America since 1970, and they KERRY’s speech to AIPAC be printed in with connections of any kind with Israel— use a whole set of different factors, the RECORD. It is one, I believe, all anti-semitism did not disappear with the some of which I would not consider; in Members of Congress and many citi- ashes of Auschwitz. Over fifty years after the others, I would add additional factors. zens of this great Nation of ours should end of World War II, the ancient evil still But they overall said the culture, in read, contemplate, and discuss. stalks our time—striking at Jews around the their objective assessment, has de- There being no objection, the speech world and at the Jewish people and the Jew- clined from, in 1970, a 73 percent objec- was ordered to be printed in the ish soul of the state of Israel. What Robert Wistrich called the longest hatred continues RECORD, as follows: tive number to a 38 percent objective to reach far and wide. An explosion ruins a number—in half, the cultural decline in SENATOR JOHN F. KERRY—ADDRESS BEFORE peaceful afternoon in a street cafe in Tel America, in a period—look at the time AIPAC—WASHINGTON, DC—APRIL 7, 1997 Aviv. There are bombings in a Jewish Com- period we are talking about here—25 I really want to share with you that I am munity Center in Argentina; the rising popu- years. Is this incredible? honored to be here tonight—and I’m privi- larity of the National Front in France; the I think on our National Day of Pray- leged to stand up here tonight and represent prevalence of Skinhead violence and murders er we ought to be praying about the the Senate in bi-partisan fashion—because I in Germany; the arson of Warsaw’s last syna- culture. And we ought to be thinking share your cause, and I also want to pay you gogue; the anti-Jewish scape-goating and respect for the way that you fight the battle. conspiracy of Louis Farrakhan and the mili- about what we can do ourselves and The way that you do so literally does honor tia groups; the Nazi-like images of Jews in what we can do corporately in this so- to our democracy. The letters you write, the the press in Egypt and Syria, and the blatant ciety. phone calls you make, involvement in our anti-Jewish hatred of Hamas proclaiming: I yield the floor. campaigns, your willingness to come to ‘‘We worship God by killing Jews.’’ The PRESIDING OFFICER. The Sen- Washington, your commitment to, and These are different sins, but they are root- ator from Alaska is recognized. search for the truth, is the way it is supposed ed in the same anti-Semitic temptation. f to be, and you set an example for this coun- Some cannot face the truth, or the twisted try. hates in their own soul, even today in this A SIGNIFICANT ACCOMPLISHMENT I was delighted to participate just a few country, or the rationalizations for the sake Mr. STEVENS. Mr. President, there days ago with Steven in Boston in a Wash- of political advantage or profit. As the youth ington club event. And I think it renewed in of Europe ask about the Holocaust and chal- are times when I listen to the remarks me my sense, in the intimacy and in the ex- lenge their parents about what they did or of another Senator that I realize the change, the dialogue, that meetings like that didn’t do, the legacy of collaboration and op- statement being made is most signifi- really give a continuing vitality to a fun- pression still emerges from under the rocks cant. That was my feeling recently as I damental truth that Israel and the United of a hidden history. We have just witnessed sat next to the junior Senator from States do share great ideas as well as a great the end of the myth of Swiss neutrality—and Massachusetts. Senator JOHN KERRY alliance; and security of Israel is indispen- we are beginning to look anew at what hap- spoke to the national meeting of sable to the security of the United States of pened to the stolen property of Jews in AIPAC—The America-Israel Political America. Vichy France and Peronist Argentina. But you know, in truth, our two nations So the question must be asked: Would ac- Action Committee—here in Washing- really share something much more than tive resistance to the Holocaust or the pre- ton, DC. This was a bipartisan meeting that, and I think you know it. As Prime Min- ceding anti-Semitism have made a dif- of AIPAC members from throughout ister Netanyahu stated so eloquently to- ference? I am not naive about the brutality our Nation. night—and what a privilege it was to be able with which the Nazis often responded to dis- In a strong worded presentation, Sen- to listen to the truth that he spoke this sent. But in recent years, from the Phil- ator KERRY made an appeal for the evening—Israel and the United States are ippines to Haiti to South Africa, to the United States to be a true friend of Is- neither of us just a place in the land, a piece former Soviet union, resistance and dissent— rael. I, particularly, agreed with my of geography; both of us are founded on a and pressure from the outside—changed the shining vision of human dignity and purpose. course of events. And it is no excuse for citi- friend as he forcefully said: The Jewish people have taught the world zens or the Church or other leaders of the As a democracy, Israel has both the burden much about dignity and purpose because world to say that it would not have worked. and the glory of a vigorous public square. We they have preserved their vision through two For the most part, they did not even try— as Americans must be the truest and best thousand years of exile and persecution. And and that is the shame of a century. kind of ally—both forthright enough to say they had to outlast history’s fiercest fires of So the millions who watched ‘‘Schindler’s what we think—and steadfast enough to stay hate. List’’ must contemplate, then amid the tears the course during the hard passages as well Teresa and I watched Schindler’s List as 25 and heavy hearts, the deeper lesson that we as the easy ones. million other Americans did a few weeks carry out of this blood-stained century. Herzl’s famous words—‘‘If you will it, it is ago. We were obviously left asking, as any- Speaking out against injustice, acting to end no dream’’—signify the promise and the one in their right mind and conscience bigotry, raising our collective consciousness greatest power of Israel—and the hope, after would, why—why—why? But I remembered and looking honestly into the unsparing half a century, that a fair and secure peace my trip to Israel, as we all do. My first visit heart of conscience, and standing up for is finally within reach. For our part, we to Yad Vashem in Jerusalem. And I will what is right and hopeful. This is the collec- must leave here more committed than ever never forget one sight there that stood out tive burden—the collective burden and I say to support Israel in the exacting, essential, above all others—not the documents or the privilege of all of us who live today. It is a and sometimes tense search for that dream. photographs as stark as they are—but a collective responsibility that we must I think its fair to say that the ashes of Holo- small child’s single lonely shoe, which meet—in our own country—and for so many caust victims were scattered on the wind. brought home to me the incomprehensibility of us, in the other country of our hearts—the But that wind also carries on it their pray- of the Holocaust expressed on the most land of Israel. ers and purpose—above mountains and sea, human of scales. So we need AIPAC’s unwavering voice on across hundreds or thousands of miles, so Again, as I watched this movie about a this long and winding road to peace in the that the pain of history is redeemed in the handful who entered the Nazi hell and re- Middle East. And the journey is harder now land of Israel. It is a sacred place—for them, turned, a small remnant who proved that than it was a year ago, harder than it was a for their people who live there, and for all millions did not have to perish, I thought of month ago, harder than it was a few weeks the world. So let us now resolve again that the words of Elie Wiesel about others who or days ago because we must remind the the day will never come for Israel when the could have acted to prevent, to stop, to op- world that peace is more just than a piece of redemption is put at risk—when any of us pose this crime of the century: ‘‘Not all were paper; it is the replacement of death with would ever have to repeat Schindler’s cry guilty,’’ he said, ‘‘but all were responsible.’’ life, of danger and violence with the laughter and say: We could have done more. Schindler himself was a rogue and a phil- of children whose playgrounds no longer Mr. President, the days seem to be istine, whose transformation was heroic—but need to be guarded with guns, Arab or Is- disappearing when a Senator com- it was all too rare. Too many of the God- raeli. Oh yes—the peace process has deliv- pliments another Senator who sits on fearing forgot God. And at the end of the ered a certain amount to Israel—diplomatic, the other side of this aisle by making movie, after the Nazis have surrendered and economic, and political benefits—but again Schindler is preparing to escape, he cries in a simple truth—it has not delivered full or the Senate aware of a significant ac- that he had not done all he could have real security. It is not peace when seven Is- complishment of a colleague. For my- done—or early enough. He could have done rael girls are murdered at the Jordanian bor- self, I would like to restore that tradi- more—sold a watch, a lapel pin, a car to se- der. It is not peace when three more inno- tion. cure the lives of others. And so many could cent people are killed on the eve of Purim in May 1, 1997 CONGRESSIONAL RECORD — SENATE S3897 Tel Aviv, with fifty more injured—among Let me state it as plainly as I can: The shelter in a kibbutz in the north where chil- them many children—cut and bleeding from U.N. Security Council has no right to impose dren were attacked and I looked at launch- broken glass and nails embedded into the insecurity on Israel. President Clinton was ing sites and impact zones for Katousha bomb. It is not peace when people cannot get right to veto the Security Council resolution rockets. And like many visitors, I was en- safely on a bus and arrive home to the em- on Har Homa—and the United States can and thralled by Tel Aviv, moved by Jerusalem brace and joy of family. should veto any other similar, one-sided and inspired by standing above Capernum, No—that is not peace—but I state emphati- measures that bring discredit on nations looking out over the Sea of Galilee, where I cally—it is a reason why the peace process such as France and Russia—whose own anti- was bold enough to read aloud the Sermon must go on—not naively, not in a rush, not Semitic records now rebuke their anti-Israel on the Mount to those who were traveling on a fragile foundation—but it must go on in votes. with me. And I met people of stunning com- a genuine search for real peace—and for the And I also say to you that for the parties mitment, who honestly and vigorously de- real security which defines peace. to move ahead—and I believe they will—for bated the issues as I watched and listened in- So frankly, we all have to work harder, we the peace to proceed—and I believe it will— tently. I went as a friend by conviction; I re- have to work harder to make real the peace- AIPAC must be both vigilant and tireless. turned a friend at the deepest personal level ful dreams of millions of Israelis and mil- Legitimate criticism of Israel should be with new connections, new understanding. lions of others in the world, who look to part heard, yes. But malicious charges without Who would have thought so much would of the world for peace. And all of us cannot foundation have no place in our policy de- have changed since that first journey of 1986. continue to be held hostage to Hamas and bates—as when a shameless Syria sought to But still the Middle East remains a place of Hezbollah. We must all of us reject the ab- blame Israel for intra-Syrian terrorism in deep and disturbing contradictions. Israel’s surd, dishonest and cruel approach—the Damascus. Last month, on national tele- oldest Arab peace partner—Egypt—has a propaganda, if you will—from some Palestin- vision, repeated media questions about Isra- press obsessed with Nazi-like images of Jews ians—the attempt by some Arafat advisers— el’s alleged failure to carry out its obliga- and Israel. At the same time, a Jordanian to equate terrorist attacks with Israel’s deci- tions in Hebron were forcefully rebutted by soldier murders seven Israeli school girls and sion to construct new housing in Jerusalem, the State Department’s Dennis Ross. But Jordan’s King Hussein pays a personal, however controversial that decision may be. they easily could have been accepted by a poignant, eloquent and historic shiva call on It is one thing for the Palestinians and oth- less knowledgeable guest. It is critical—and their families. ers to hear Prime Minister Netanyahu say it, this is your role, and ours, as we listen to Through all these contradictions let no one but I want to say it also: Terrorism is an in- you—critical that the American public be doubt the importance of the road we are on, controvertible evil, and an unacceptable re- kept accurately informed about the obliga- for the truth is that Hussein’s beautiful ges- sponse. The idea that every bitter dispute be- tions of Palestinians—and whether they are ture to a nation all too used to mourning tween Israelis and the Palestinians can jus- being fulfilled. What Prime Minister alone is a symbol of real progress. Without tify Palestinian violence, or justify Arafat’s Netanyahu calls lapses in reciprocity are not Oslo, it would not have happened. It’s not winking at it, or should warrant the release side issues, but central ones. Such lapses of yet most Hamas leaders, or could excuse that sympathy calls make the peace process wouldn’t be accepted in our arms reduction worthwhile; it’s that bridges between leaders the PLO’s failure to rewrite its covenant—all talks with Yeltsin, they wouldn’t be accept- this reflects a moral blindness, a failure of and their people are being built. ed in our trade negotiations with China. How courage that only encourages the cowards, Needless to say, there is a very long jour- can they be ignored in the life or death arena the haters and the killers. As Israel is as- ney yet ahead of us, and we must march of the Middle East? Signed agreements have sailed with almost unrelenting fury and through criticism abroad, and at home, and to mean something. They build confidence. Prime Minister Netanyahu is all but demon- internally, and in Israel. ized by the world press, the parting cry of They are the road to future negotiations. As a soldier in Vietnam, who came home to Schindler—I could have done more—that cry And broken commitments—or neglected oppose the war, I must say to you that I ought to resonate in this room. Are we ones—foretell other betrayals to come. Both don’t see that kind of criticism as being un- speaking up enough against a one-sided en- parties must be held to the same high stand- patriotic. For nations like Israel and Amer- forcement of the Oslo Accords? Are the sup- ard. ica that are founded on principles and not porters of Israel who did not support In each of my visits to Israel, I have had just as places, dissent can be the loyalist act Netanyahu now less willing to rebut inac- the privilege of seeing first-hand the special of all, and lively debate the living proof of curacies and attacks than they were when dangers of the Middle East, and of beginning freedom. Rabin and Peres were in office? Did too to comprehend the special nature of the Mid- As a democracy, Israel has both the burden many people just breath a sign of relief when dle East. On one occasion I became an honor- and the glory of a vigorous public square. We Israel in a single day carried out the with- ary Israeli Air Force pilot when I was al- as Americans must be the truest and best drawal from Hebron rather than shouting lowed to fly an air force jet from the Ovda kind of ally—both forthright enough to say their support in words, letters and op-eds? Airbase. I want you to know it did not come what we think—and steadfast enough to stay Will we demand again and again that Iran, easily. I was frustrated, at one of those ter- the course during the hard passages as well Iraq, and Syria be held accountable for rible, boring luncheons when you’re on those as the easy ones. Hezbollah and Hamas? Will we insist, over journeys, and this great colonel—he was an Herzl’s famous words—‘‘If you will it, it is and over, that our Arab friends must move ace in the war, several times an ace—was sit- no dream’’—signify the promise and the forward with full diplomatic relations with ting next to me, and I’m a pilot and I love to greatest power of Israel—and the hope, after Israel? Will we make clear that the re- fly every chance I get. And I kept saying, half a century, that a fair and secure peace institution of the Arab boycott of Israel is you’re sure Tel Aviv won’t let me go flying? is finally within reach. For our part, we not only morally repugnant but unaccept- And finally I persuaded him to make a last must leave here more committed than ever able to all Americans? phone call, and he came back to me in the to support Israel in the exacting, essential, Let me say to you with humility and re- middle of a meal, and said to me, ‘‘Senator, and sometimes tense search for that dream. spect that this all must happen first of all in I hope you haven’t eaten too much. We’re I think it’s fair to say that the ashes of Holo- AIPAC—or it will not happen at all. Now I going flying.’’ caust victims were scattered on the wind. know that not everyone in this room com- So I raced down to the tarmac, and they But that wind also carries on it their prayers pletely shared the vision of Rabin or Peres had a helmet and a suit for me, and put me and purpose—above mountains and sea, about the peace process. Just as I know that in the front seat. He said ‘‘I don’t have time across hundreds or thousands of miles, so not everyone in this room today shares the to do the run-up with you or anything, but that the pain of history is redeemed in the vision of Prime Minister Netanyahu. Nor is the minute we’re off the ground, it’s your land of Israel. It is a sacred place—for them, that diversity of opinion here different from airplane.’’ And I said, boy this guy is trust- for their people who live there, and for all what is going on in Israeli living rooms or in ing. I didn’t even tell him if I’d ever flown a the world. So let us now resolve again that the Knesset. There is a distrust of the proc- jet before. So we took off into the sky, he the day will never come for Israel when the ess, of Arafat, and there is division over how gave me the airplane the moment we took redemption is put at risk—when any of us to proceed—or in some quarters whether to off, and the next thing I know, he says point- would ever have to repeat Schindler’s cry proceed at all. But one thing is clear, you blank into my helmet, ‘‘Senator, you are and say: We could have done more. know and we know it, an overwhelming ma- about to go into Egypt airspace.’’ So I imme- I might say to you on a personal note that jority of people—there and here—seek, work diately ground the stick in and turned, and that imperative has been clear since long be- and pray for peace—not a passing illusion— within a matter of minutes, this United fore the Holocaust. I learned it and I learned but the reality of a solid, meaningful, secure States Senator came close to violating the how long it has endured in an emotional mo- and reliable peace. As Americans, we owe it airspace of Egypt, Jordan, and Syria. let me ment on top of Masada, when I stood on that to our Israeli partners to stand with them so tell you something, I learned a magical les- great plateau where the oath of new soldiers that they can negotiate from greater son: The promise of peace must be secure be- used to be sworn against the desert backdrop strength—to be an ally beside them, not an fore the promised land is secure on a thin and the test of history. I spent several hours ally that undermines them. Israel will and margin of land. with my guide and friend Yadin Roman. On should choose its own leaders, its own policy, Back on the ground on that first trip, I, top, we argued, we debated, at his insistence its own bargaining position; and the United like so many of my colleagues, toured the whether or not in fact Josephus Flavius was States cannot and should not dictate the beautiful country from Kibbutz Mizgav Am correct in his account of the siege—whether outcome. to Masada to the Golan. I stood in the very these really were the last Jews fighting for S3898 CONGRESSIONAL RECORD — SENATE May 1, 1997 survival—whether they had escaped since no In other words, Mr. President, no dom to allow us to make good deci- remains were ever found. And we journeyed matter what the particular cir- sions—have today been observing this back and forth through the possibilities and cumstances of a household may be, the National Day of Prayer in our behalf. I finally, after our journey through history— which we resolved with a vote in favor of his- State must make reasonable efforts to rise to thank them. tory as recorded—Yadin motioned to me and keep that household, that family to- Abraham Lincoln, in the midst of the said come over here and stand with those gether, and then to put it back to- crisis that perhaps did more to threat- that we were travelling with, and we stood at gether if it falls apart. en this country and at the same time, the edge of the chasm looking out across the There is very strong evidence, evi- more to unify it than any other crisis desert, across to the mountains at the other dence that I have seen firsthand as I in history, continued to have a strong side. And we stood as a group, and alto- have traveled the State of Ohio and commitment and dedication to the gether, at his command, we shouted across talked to people who are professionals concept of prayer when he called upon the chasm—across the desert—across the si- lence—Am Yisrael Chai. And back a slow, in this field, talked to judges, talked to the Nation to reserve a time for repent- echoing voice speaking to us through history child services workers, very strong evi- ance, for introspection, and for prayer. came the word Am, Yisrael Chai. Israel lives. dence that reasonable efforts have, in This Nation has survived great chal- The State lives. The people of Israel live. some cases, become extraordinary ef- lenges—yet still faces great challenges. And that is the cause of America, it is the forts, efforts to keep families together I believe that its success in the face of cause of people of conscience all across this at all costs, efforts to keep families to- challenge in large measure is due to planet, and that is why I am proud to be here gether that are families really in name the fact that people have prayed. with you tonight. only. This has resulted in children A couple thousand years ago, when Mr. DEWINE addressed the Chair. being put back in abusive homes, put the Apostle Paul was writing a letter The PRESIDING OFFICER. The Sen- back in situations where no child to his friend Timothy, he advised Tim- ator from Ohio. should have to exist or live. othy to say, ‘‘Pray for each other and f Every day in this country, three chil- pray especially for those who are in au- ADOPTION PROMOTION ACT dren die of abuse or neglect. Children thority that we may lead quiet and Mr. DEWINE. Mr. President, I think who are being abused by their parents peaceable lives in all Godliness and our friends in the House of Representa- should simply not be reunified with honesty.’’ tives deserve a great deal of praise for those parents. That is common sense. I think that was good advice 2,000 what they did yesterday. They passed a The legislation passed yesterday by the years ago, and it is good advice today. bill that would save the lives of many House of Representatives makes it I rise today, as we close this day in gravely threatened young people in clear, by an overwhelming vote, that the U.S. Senate, to say to those Ameri- this country. I am referring, of course, this is what the House thinks. cans who have been a part of this ob- to the Adoption Promotion Act of 1997, Now is the time for the Senate to servance, referred to as the ‘‘National the Camp-Kennelly legislation, which take action. We have a very good piece Day of Prayer,’’ thank you for your passed the House by an overwhelming of legislation, the Chafee-Rockefeller prayers and, as a matter of fact, I vote of 416 to 5. bill, of which I am honored to be a co- think all America owes a debt of grati- For the children in foster care in this sponsor, that has been introduced in tude to those who have carried the country, the average time they spend this body. It is a piece of legislation well-being and welfare of this country in foster care is almost 2 years. That is that contains many good provisions. to God in prayer on a regular basis. It just the average time. These 2 years One of the provisions it contains is is with that in mind that I believe the are often the most important time in identical language to what the House National Day of Prayer is a strong that child’s development. We need to passed yesterday to simply say what symbol that we have prayer all year— do everything we can to get these chil- we all know in our heart was intended on a continuing basis so that we might dren in safe, stable, permanent, loving by the 1980 act, and that is, yes, we do things that advance the very cause adoptive homes. should make reasonable efforts to put for which I think God sent his Son to Why are these children being kept in families back together, we should try the world—that we might live life and foster care for so long? I said the aver- to help them, but—but—when those de- live it more abundantly. That is the age time was 2 years. Sometimes it is cisions are made at the local, county true position of Government, that we 3, 4, 5 years. Sometimes the most im- level or city level, the people who would create conditions under which portant years of their lives are spent in make those decisions must always put people could live and live in greater foster care, and sometimes they move safety and the welfare of that child abundance and greater freedom. from foster home to foster home to fos- first. The safety of the child must al- So I take this moment to reflect ter home. Why do they get shoved from ways be paramount. That is good com- upon those who have cared enough to one home to another? Why do they mon sense; it is good legislation. pray for us and to extend to them my spend so many years in foster care? We are halfway there. Now is the appreciation for what they have done One reason is that, in some of these time for the U.S. Senate to complete in our behalf. cases, the child protective services feel the action and send that bill on to the Mr. President, I yield the floor and hemmed in by a misinterpretation of a President. The President has already suggest the absence of a quorum. Federal law, a well-intentioned Federal said that he supports this language, The PRESIDING OFFICER. The law that this Congress passed in 1980, a that he supports this concept, that clerk will call the roll. law that has done a great deal of good, there is, in fact, a problem. The Senate The bill clerk proceeded to call the but a law that contains one provision should act very quickly and move on roll. that I believe has caused a great deal of this legislation and really plug this Mr. BENNETT. Mr. President, I ask harm and has caused a great deal of loophole, which has caused a great deal unanimous consent that the order for confusion. of pain and many problems for our the quorum call be rescinded. Under this 1980 law, the Federal Child young people in this country today. The PRESIDING OFFICER. Without Welfare Act, for a State to be eligible Mr. President, I yield the floor. objection, it is so ordered. for Federal matching funds for foster The PRESIDING OFFICER (Mr. STE- f care expenditures, that State must VENS). The Senator from Missouri. EXPRESSION OF GRATITUDE FOR have a plan for the provision of child f welfare services approved by the Sec- PATTY MCNALLY, EXECUTIVE retary of HHS. The State plan must NATIONAL DAY OF PRAYER ASSISTANT PROTOCOL OFFICER provide, that in each case, reasonable Mr. ASHCROFT. Mr. President, May Mr. LOTT. Mr. President, I rise today efforts will be made, first, prior to the 1 is a special day in the United States to express the deep gratitude of the placement of a child in foster care to of America. It has been designated and Senate to Ms. Patty McNally, Execu- prevent or eliminate the need for re- observed as a national day of prayer. tive Assistant and Protocol Officer in moval of a child from his home and, Citizens across the country—having the sergeant at arms’ office, who is re- second, to make it possible for the recognized that those of us in positions tiring after more than 20 years of dedi- child to return to his home. of responsibility need the kind of wis- cated public service in the Senate. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3899 As the chief protocol staffer in the educational outreach programs. In ad- than the implementation of new laws. sergeant at arms office, Patty’s respon- dition, the Crazy Horse Memorial Na- Dr. Kaminski and his team have placed sibilities have included coordinating tive American Scholarship Program the Department of Defense at the fore- joint sessions of Congress, swearing-in has already awarded a total of $175,000 front of acquisition reform by doing ceremonies, serving many long hours in educational grants. Ultimately, the the hard work to revise and simplify as the Sergeant at Arms representative family hopes to fulfill Korczak’s dream thousands of military specifications, to on the Joint Congressional Inaugural of opening a university and medical implement streamlined management Committee, and the more somber occa- center on these grounds. practices through integrated process sions of state funerals. Patty also was Korczak liked to call himself a ‘‘sto- teams and the single process initiative, responsible for making the protocol ryteller in stone,’’ and believed that and to make acquisition reform work and security arrangements for the nu- the monument was a noble offering to where the rubber meets the road in merous visits to the Senate heads of a man who led his people in battle at tens of thousands of individual con- states and other dignitaries from Little Bighorn and died before surren- tracts awarded every year. around the world. dering himself to a white man’s prison. Under Dr. Kaminski’s leadership, the In 1987, Patty played an important I commend Ruth and all the Department of Defense has substan- part in the making of Senate history, Ziolkowski family in their 50th year of tially reduced acquisition lead times, as she arranged and coordinated the fulfilling this vision. reduced the layers of redtape that have transportation of the Senate delega- f often burdened the acquisition system, tion to Philadelphia to participate in a accelerated the process of incorporat- very special joint session of Congress THE VERY BAD DEBT BOXSCORE ing emerging commercial technologies that commemorated the bicentennial Mr. HELMS. Mr. President, at the into weapons systems, and simplified of the Constitution. close of business yesterday, Wednes- the small purchases through the use of Mr. President, Patty has made sub- day, April 30, 1997, the Federal debt the IMPAC credit card. Most impres- stantial contributions to this institu- stood at $5,353,971,314,439.39. (Five tril- sive of all, Dr. Kaminski has achieved tion and in the celebration of democ- lion, three hundred fifty-three billion, all of this while skillfully managing a racy. Today, we celebrate her contribu- nine hundred seventy-one million, steep reduction in the size of the acqui- tion and wish her the very best in her three hundred fourteen thousand, four sition work force—the career profes- new life with her family and friends, hundred thirty-nine dollars and thirty- sionals who have borne the brunt of and we will envy the view from her nine cents) implementing the new acquisition sys- home of the Nubble Light House. Five years ago, April 30, 1992, the tem. f Federal debt stood at $3,891,974,000,000. The Congress and the Nation owe Dr. (Three trillion, eight hundred ninety- Kaminski a debt of gratitude for his THE STORYTELLER IN STONE one billion, nine hundred seventy-four selfless service to the interests of the Mr. DASCHLE. Mr. President, this million) taxpayer and the national defense. I Saturday, May 3, marks the 50th anni- Ten years ago, April 30, 1987, the Fed- know my colleagues join me in wishing versary of sculptor Korczak eral debt stood at $2,268,145,000,000. Paul all the best in the future. Ziolkowski’s arrival in the Black Hills (Two trillion, two hundred sixty-eight f to accept the invitation of the Lakota billion, one hundred forty-five million) MESSAGES FROM THE HOUSE to create a memorial to honor the Fifteen years ago, April 30, 1972, the At 10:38 a.m., a message from the great warrior and chieftain, Crazy Federal debt stood at $1,065,660,000,000 House of Representatives, delivered by Horse. Carving this great monument in (One trillion, sixty-five billion, six Ms. Goetz, one of its reading clerks, an- the mountain became his life’s work, hundred sixty million) which reflects a nounced that the House has passed the and indeed, the life’s work of genera- debt increase of more than $4 trillion— following bill, in which it requests the tions of his family. $4,288,311,314,439.39 (Four trillion, two concurrence of the Senate: He was joined at Thunderhead Moun- hundred eighty-eight billion, three tain by Ruth Ross on June 21, 1947, who H.R. 867. An act to promote the adoption of hundred eleven million, three hundred children in foster care. is now a dear friend of mine. The two fourteen thousand, four hundred thir- f married 3 years later, and together ty-nine dollars and thirty-nine cents) they made a life raising their 10 chil- during the past 15 years. EXECUTIVE AND OTHER dren and slowly shaping the mountain f COMMUNICATIONS into the form of Crazy Horse, sitting RETIREMENT OF PAUL KAMINSKI, The following communications were atop his steed with his arm out- laid before the Senate, together with UNDER SECRETARY OF DEFENSE stretched toward the homelands of the accompanying papers, reports, and doc- FOR ACQUISITION Lakota. Its scale is difficult to com- uments, which were referred as indi- prehend. His face alone is so large that Mr. LEVIN. Mr. President, next week cated: all four faces carved on Mount Rush- Dr. Paul Kaminski will step down after EC–1775. A communication from the Direc- more could fit on its expanse. When it an extraordinary 3-year tenure as tor of the Defense Finance and Accounting is finished, the sculpture will be taller Under Secretary of Defense for Acquisi- Service, transmitting, pursuant to law, a re- than both the Washington Monument tion. In this short period of time, Dr. port relative to the Defense Commissary and the Great Pyramids. These figures Kaminski and his acquisition team at Agency; to the Committee on Armed Serv- are made all the more remarkable by the Pentagon have made dramatic ices. EC–1776. A communication from the Acting the fact that all of the work at the me- steps to turn our procurement culture Assistant Secretary of Defense, transmit- morial is privately financed, with no around, making it more flexible, more ting, pursuant to law, a report relative to support from Government funds. Al- creative, and smarter. the operations and maintenance budgets for though Korczak died in 1982, Ruth and Under Dr. Kaminski’s leadership, the fiscal year 1998; to the Committee on Armed the children have proudly carried on Department of Defense has successfully Services. with this vision. implemented three major pieces of ac- EC–1777. A communication from the Sec- No less remarkable is the extraor- retary of Defense, transmitting, pursuant to quisition reform legislation: Federal law, a report relative to the F–22 aircraft dinary effort made by the Ziolkowski Acquisition Streamlining Act, the Fed- program; to the Committee on Armed Serv- family to educate thousands about the eral Acquisition Reform Act, and the ices. lives of Crazy Horse and the Lakota Information Technology Management EC–1778. A communication from the Direc- people, and to improve the lives of Na- Reform Act. Those of us who worked tor of the Office of the Secretary of Defense, tive Americans around the country. hard to enact this legislation appre- transmitting, pursuant to law, a report rel- Through the Crazy Horse Memorial ciate the energy that Dr. Kaminski and ative to cross-servicing and acquisition ac- tions; to the Committee on Armed Services. Foundation, the family oversees a cul- others have dedicated to putting it into EC–1779. A communication from the Direc- tural and educational center offering practice. tor of the Office of Thrift Supervision, De- college courses, a research library, the But the turnaround in the procure- partment of the Treasury, transmitting, pur- Indian Museum of North America and ment culture has required far more suant to law, the report on the preservation S3900 CONGRESSIONAL RECORD — SENATE May 1, 1997 of minority savings institutions for calendar Kenneth M. Mead, of Virginia, to be inspec- Samuel Johnson II Timothy Alexander year 1996; to the Committee on Banking, tor general, Department of Transportation. Daniel Christopher Pasek Housing, and Urban Affairs. Rear Adm. James C. Card, U.S. Coast Jones Tana Marie Payne EC–1780. A communication from the Chair- Guard, to be Commander, Pacific area, U.S. James Jarrod Jones Scott William man of the National Credit Union Adminis- Coast Guard, with the grade of vice admiral Eric James Kampert Peabody tration, transmitting, pursuant to law, a re- while so serving. Kerry Georgia Luke Andes Perciak port relative to federally insured credit Arturo Saldana Perez Mr. MCCAIN. Mr. President, for the Karwan unions; to the Committee on Banking, Hous- Sean R. Katz Richard Graham ing, and Urban Affairs. Committee on Commerce, Science, and Perkins Transportation, I report favorably four Michael Andrew EC–1781. A communication from the Under Keane Justin David Peters Secretary of State and the Under Secretary nominations lists in the Coast Guard, Peter Joseph Keel Harper Lee Phillips of Commerce, transmitting jointly, pursuant which were printed in full in the CON- Jared Ethan King Scott Satoshi Phy to law, the report on improving export mech- GRESSIONAL RECORD on January 7, Feb- Bradley James Frank Allen Pierce anisms and on military assistance for fiscal ruary 5 and 11, 1997, and ask unanimous Klimek Christopher Michael year 1996; to the Committee on Banking, consent, to save the expense of reprint- Michael Stephen Pisares Housing, and Urban Affairs. ing on the Executive Calendar, that Krause Krysia Victoria Pohl EC–1782. A communication from the Acting Steven Edward these nominations lie at the Sec- Damian Joseph General Counsel of the Department of Hous- Kuczma Ramassini ing and Urban Development, transmitting, retary’s desk for the information of Joshua Taylor Senators. Charles Frederick pursuant to law, three rules including a rule Kuebler Ramey entitled ‘‘Protection and Enhancement of The PRESIDING OFFICER. Without Talisha Lawrence Jaime Stalin Ramos Environmental Quality’’ (FR2206, 4031, 4070) objection, it is so ordered. Christian Anthony Travis Jeremy received on April 25, 1997; to the Committee (The nominations ordered to lie on Lee Rasmussen on Banking, Housing, and Urban Affairs. the Secretary’s desk were printed in Brian Joseph Gregory Charles Rau EC–1783. A communication from the Chief Rodrigo Gunther the RECORDS of January 7, February 5 Lefebvre Counsel of the Office of Foreign Assets Con- Rojas and 11, 1997, at the end of the Senate David Wesley Leone trol, Department of the Treasury, transmit- John B. Lindahl Dustin Main Romey ting, pursuant to law, a rule entitled ‘‘Over- proceedings.) Matthew A. Rudick Lexia Monique flight Payments to North Korea’’ received on The following cadets of the U.S. Coast David James Schell Littlejohn April 7, 1997; to the Committee on Banking, Guard Academy for promotion to the grade Clint Brian Schlegel Orlando Carlos Housing, and Urban Affairs. of ensign: Diana Lane Sharp Lovell EC–1784. A communication from the Chief David Matthew Kelley Elizabeth Tiffany Pamela Kevin Paul Lynn Counsel of the Office of Foreign Assets Con- Sherry Abood Drumm Ian Mitchell trol, Department of the Treasury, transmit- Anna Won-Min Frances Ann Tirad Jerome Edward MacGregor ting, pursuant to law, a rule entitled Slaven Bacayo Dubay Kevin Christopher ‘‘Blocked Persons’’ received on April 17, 1997; Amy Leigh Sloan Zachary Justin Damon Christian Mahoney to the Committee on Banking, Housing, and Bagdon Edwards Shad Sammual Urban Affairs. Brian Wade Maier Soldano Hilary Ann Baine Jeffrey Eldridge Edzel Dela Cruz EC–1785. A communication from the Acting Matthew Patrick Ranshaan Engrum Gabriel W. Solomon Secretary of Labor, transmitting, pursuant Mangahas James William Barker Theodore Joseph Eric D. Martenson to law, a report relative to the employment Ian Adam Bastek Erdman Spitler rights of veterans; to the Committee on Vet- Jennifer Joy Martin John Michael Stone Michael William Joann Feigofsky Eric David Masson erans’ Affairs. Sarah Kathleen Raymond L. Batchelder John Francis Felger Swetland f Joshua David McCarthy Christine Fern Romualdus Matthias Bauman Christopher Allen REPORTS OF COMMITTEES Kevin Bertram Ferrie Ten-Berge, Jr. Jennifer Lydia McMunn Elaine Liza Marie Bruce A. Thibault The following reports of committees Becher Camilla Beth Fitzgerald Craig Stuart Toomey Sean Cornell Bennett Messing were submitted: Taina Haydee Christopher Andrew Tracy Desterheld Andrew David By Mr. HATCH, from the Committee on Fonseca Tribolet Berg Meverden the Judiciary, without amendment and with Nicolas Todd Forst Clinton Albert Heather Lin Timothy George a preamble: John Peter Fox Trocchio Bloomquist Meyers S. Res. 79. A resolution to commemorate Michael Edwin Michael Anthony Kenneth Jeffrey Boda the 1997 National Peace Officers Memorial Frawley Fay Juyoun Miller Turdo Scott Gerald Day. Glen James Galman Peter James Mitchell Bryan James Ullmer Borgerson By Mr. HATCH, from the Committee on John Withner Garr Peter Michael Chris Mark Upham David Leonard the Judiciary, without amendment: Morgan B. Geiger Morehouse James Allen Bradley IV S. 476. A bill to provide for the establish- David Lee Gibson Corey Richard Valentine Jacqueline Marie ment of not less than 2,500 Boys and Girls Michael J. Morrison Eva Jayoung Brunette Clubs of America facilities by the year 2000. Goldschmidt Anne Marie VanCamp Craig Donald Burch Morrissey f David Vincent Gomez Nathan John Veirs Mechelle Elizabeth Michael David Good Justin Thomas Greg Edward Versaw EXECUTIVE REPORTS OF Burdick Hans Christian Moyer Carlito Rodriguez COMMITTEES Jeffrey Christopher Govertsen Kenneth Tyson Vicencio Bustria Matthew Aaron Nagie, Jr Kevin David Wallace The following executive reports of Belinda I. Cachuela Green Kenneth Eric Nelson Stephen Matthew committees were submitted: Michael Joseph Timothy Aaron Allison Genevieve Ward By Mr. MCCAIN, from the Committee on Capelli Greten Nemec Tyson Scott Weinert Commerce, Science, and Transportation: Willie Lee Charles Michael Pierina Marie Noceti Tamara Nichole Vice Adm. Roger T. Rufe, U.S. Coast Carmichael Guerrero Francis J. O’Connell Wilcox Guard, to be Commander, Atlantic area, U.S. Scott Stephen Casad Tim A. Gunter David Joseph Nathaniel Remington Coast Guard, with the grade of vice admiral William Bartley Robert Edward Hart Obermeier Williams while so serving. Cassels Erin Marlene Healey Sean James O’Brien Nicholas Laurence Kerri-Ann Jones, of Maryland, to be an As- Robert Carlton Wayne Michael Helge Jason William Olguin Wong sociate Director of the Office of Science and Compher Jonathan Nils Tiffany Renae Olson Andrew James Technology Policy. Chad William Cooper Hellberg Rebecca Ellen Ore Wright Jerry M. Melillo, of Massachusetts, to be Derek Lane Scott Charles The following regular officers of the U.S. an Associate Director of the Office of Cromwell Herman Coast Guard for promotion to the grade of Science and Technology Policy. Cornelius Edward Shannon Marie Heye rear admiral (lower half): Cummings Triruvarur R. Lakshmanan, of New Hamp- Wesley Karl Hout Thomas J. Barrett John F. McGowan James Dart shire, to be Director of the Bureau of Trans- Joel Alexander James D. Hull George N. Naccara Michael S. Degon portation Statistics, Department of Trans- Huggins Terry M. Cross portation, for the term of 4 years. (Re- Steven Andrew Christopher James appointment) Deveau Husler The following individual for appointment Andrew J. Pincus, of New York, to be gen- John Thomas Dewey David Frederick as a permanent regular commissioned officer eral counsel of the Department of Com- John Richard Hunter in the U.S. Coast Guard in the grade of lieu- merce. Dittmar Thea Iacomino tenant: May 1, 1997 CONGRESSIONAL RECORD — SENATE S3901

Brenda K. Wolter S. 685. A bill to amend the Internal Reve- THE EQUINE TAX FAIRNESS ACT OF 1997 The following regular officers of the U.S. nue Code of 1986 to extend the work oppor- Mr. MCCONNELL. Mr. President, I Coast Guard for appointment to the grade of tunity tax credit for an additional fiscal rise today to introduce a bill to amend rear admiral: year; to the Committee on Finance. the Internal Revenue Code to modify By Mr. SARBANES (for himself, Mr. Robert C. North John T. Tozzi application of passive loss limitations HUTCHINSON, and Mr. TORRICELLI): Timothy W. Josiah Thomas H. Collins S. 686. A bill to establish the National Mili- to horse activities. Fred L. Ames Ernest R. Riutta tary Museum Foundation, and for other pur- This week the eyes of the sporting Richard M. Larrabee poses; to the Committee on Armed Services. world are focused on the 123d running III By Mr. JEFFORDS: of the Kentucky Derby at Churchill f S. 687. A bill to enhance the benefits of the Downs in Louisville, KY. While it is INTRODUCTION OF BILLS AND national electric system by encouraging and considered one of the greatest sporting JOINT RESOLUTIONS supporting State programs for renewable en- events in the world, the Kentucky ergy sources, universal electric service, af- Derby is part of a much larger and The following bills and joint resolu- fordable electric service, and energy con- broader horse industry—one that has a tions were introduced, read the first servation and efficiency, and for other pur- $112 billion economic impact in the and second time by unanimous con- poses; to the Committee on Energy and Nat- United States and supports 1.4 million sent, and referred as indicated: ural Resources. By Mr. BIDEN (by request): jobs. By Mr. MCCONNELL: S. 688. A bill to amend the Higher Edu- Whether it is owning, breeding, rac- S. 675. A bill to amend the Internal Reve- cation Act of 1965 to authorize Presidential ing, or showing horses—or simply en- nue Code of 1986 to modify the application of Honors Scholarships to be awarded to all joying an afternoon ride along the the passive loss limitations to equine activi- students who graduate in the top five per- trail—1 of 35 Americans is touched by ties; to the Committee on Finance. cent of their secondary school graduating the horse industry. There are 6.9 mil- By Mr. MURKOWSKI (for himself and class, to promote and recognize high aca- lion horses in the U.S. involving more Mr. COCHRAN): demic achievement in secondary school, and S. 676. A bill to amend the Internal Reve- than 7.1 million Americans as horse for other purposes; to the Committee on nue Code of 1986 to increase the standard owners, service providers, employees Labor and Human Resources. mileage rate deduction for charitable use of and volunteers. In Kentucky alone, the By Mr. BROWNBACK (for himself, Mr. passenger automobiles; to the Committee on horse industry has an impact of $3.4 KENNEDY, Mr. D’AMATO, Mr. STEVENS, Finance. billion, involving 150,000 horses and Mr. HOLLINGS, Mr. HELMS, Mr. MOY- By Ms. MOSELEY-BRAUN: NIHAN, Mr. COCHRAN, Mr. DODD, Mr. 52,900 employees. S. 677. A bill to amend the Immigration What supports the industry—includ- and Nationality Act of 1994, to provide the WARNER, Mr. HARKIN, Mr. NICKLES, Mr. BIDEN, Mr. DOMENICI, Mr. GLENN, ing the job base, the breeding farms, descendants of the children of female United and the revenue stream in the form of States citizens born abroad before May 24, Mr. HATCH, Mr. KERRY, Mr. SPECTER, 1934, with the same rights to United States Mr. BREAUX, Mr. GRAMM, Mr. $1.9 billion in taxes to all levels of gov- citizenship at birth as the descendants of LIEBERMAN, Mr. SHELBY, Mrs. FEIN- ernment—is the investment in the children born of male citizens abroad; to the STEIN, Mr. JEFFORDS, Ms. MOSELEY- horses themselves. The horse industry Committee on the Judiciary. BRAUN, Mr. COATS, Mr. REID, Mr. relies on outside investment to oper- By Mr. LEAHY: MACK, Mr. CRAIG, Mr. CAMPBELL, Mr. ate, just as other businesses do. With- S. 678. A bill to provide for the appoint- FAIRCLOTH, Mr. COVERDELL, Mr. out others willing to buy and breed ment of additional Federal circuit and dis- KEMPTHORNE, Mr. INHOFE, Mr. DEWINE, Mr. SANTORUM, Mr. horses, the 1.4 million jobs supported trict judges, and for other purposes; to the by this industry are at stake. Committee on the Judiciary. ASHCROFT, Mr. ABRAHAM, Mr. FRIST, Mr. HUTCHINSON, Mr. SMITH of Or- Since the Tax Reform Act of 1986, the By Mr. ROCKEFELLER: horse industry has experienced a near- S. 679. A bill for the relief of Ching-hsun egon, Ms. COLLINS, Mr. ENZI, Mr. and Ching-jou Sun; to the Committee on the ROBERTS, and Mr. SESSIONS): devastating decline with job losses oc- Judiciary. S. 689. A bill to authorize the President to curring at racetracks, horse farms, and By Ms. SNOWE: award a gold medal on behalf of the Congress industry suppliers. In addition, hun- S. 680. A bill to amend the Internal Reve- to Mother Teresa of Calcutta in recognition dreds of breeding farms have gone out nue Code of 1986 to allow a credit for interest of her outstanding and enduring contribu- of business. Most horse owners and paid on loans for higher education, to pro- tions through humanitarian and charitable breeders believe that the limits on pas- vide for education savings accounts, and for activities, and for other purposes; to the Committee on Banking, Housing, and Urban sive losses are a major reason for the other purposes; to the Committee on Fi- decline as well as for the chilled inter- nance. Affairs. By Mr. BREAUX (for himself, Mr. est of investors in horses. Since the By Mr. GRAHAM (for himself and Mr. mid-1980’s, the number of horses bred MACK): COCHRAN, Mr. CONRAD, Mr. DORGAN, S. 681. A bill to designate the Federal Ms. MOSELEY-BRAUN, Mr. REID, Mr. and registered has decreased—leading building and United States courthouse lo- ROCKEFELLER, Mr. DASCHLE, and Mr. to losses in jobs and revenues for the cated at 300 Northeast First Avenue in ROBB): States. Miami, Florida, as the ‘‘David W. Dyer Fed- S. 690. A bill to amend title XVIII of the The 1986 act indicates that in order eral Courthouse’’; to the Committee on Envi- Social Security Act to improve preventive to satisfy the material participation ronment and Public Works. benefits under the Medicare program; to the requirement, a person’s involvement By Mr. HARKIN (for himself and Mr. Committee on Finance. must be regular, continuous, and sub- FORD): By Mr. INOUYE (for himself, Mr. LEVIN, Mr. D’AMATO, Mr. HARKIN, Mr. stantial. However, the horse industry S. 682. A bill to amend title 32, United is unique, and the passive loss rules are States Code, to make available not less than CLELAND, Mr. GREGG, Mr. AKAKA, Mr. $200,000,000 each fiscal year for funding of ac- LEAHY, Mr. FORD, Mrs. FEINSTEIN, difficult for some to satisfy. Because of tivities under National Guard drug interdic- Mr. ROBB, Mr. WARNER, and Mr. STE- the expertise and physical ability that tion and counterdrug activities plans; to the VENS): is required, many owners cannot ride, Committee on Armed Services. S.J. Res. 29. A joint resolution to direct train, breed and show their horses. By Mr. STEVENS: the Secretary of the Interior to design and The bill I introduce today will alter S. 683. A bill to require the Secretary of construct a permanent addition to the these requirements to make them fair, the Treasury to mint coins in commemora- Franklin Delano Roosevelt Memorial in workable, and enforceable. I ask unani- Washington, D.C., and for other purposes; tion of the bicentennial of the Library of mous consent that it be printed in the Congress; to the Committee on Banking, considered and passed. RECORD. Housing, and Urban Affairs. f There being no objection, the bill was By Mr. CONRAD (for himself, Mr. ordered to be printed in the RECORD, as DASCHLE, Mr. DORGAN, Mr. GRAMS, STATEMENTS ON INTRODUCED Mr. JOHNSON, and Mr. WELLSTONE): BILLS AND JOINT RESOLUTIONS follows: S. 675 S. 684. A bill to amend the Robert T. Staf- By Mr. MCCONNELL: ford Disaster Relief and Emergency Assist- S. 675. A bill to amend the Internal Be it enacted by the Senate and House of Rep- ance Act to provide assistance to local edu- resentatives of the United States of America in cational agencies in cases of certain disas- Revenue Code of 1986 to modify the ap- Congress assembled, ters, and for other purposes; to the Commit- plication of the passive loss limitations SECTION 1. SHORT TITLE. tee on Environment and Public Works. to equine activities; to the Committee This Act may be cited as the ‘‘Equine Tax By Mr. CAMPBELL: on Finance. Fairness Act of 1997’’. S3902 CONGRESSIONAL RECORD — SENATE May 1, 1997 SEC. 2. APPLICATION OF PASSIVE LOSS LIMITA- Mileage Act of 1997. This bill will in- SEC. 2. INCREASE IN STANDARD MILEAGE RATE TIONS TO EQUINE ACTIVITIES. crease the standard mileage rate de- EXPENSE DEDUCTION FOR CHARI- TABLE USE OF PASSENGER AUTO- (a) DETERMINATION OF MATERIAL PARTICI- duction for charitable use of an auto- PATION.—Subsection (h) of section 469 of the MOBILE. Internal Revenue Code of 1986 (defining ma- mobile from 12 cents a mile to 18 cents (a) IN GENERAL.—Section 170(i) of the In- terial participation) is amended by adding at a mile. I think this bill should be ternal Revenue Code of 1986 (relating to the end the following new paragraph: unanimously supported by my col- standard mileage rate for use of passenger ‘‘(6) TREATMENT OF EQUINE ACTIVITIES.— leagues on both sides of the aisle. automobile) is amended to read as follows: ‘‘(A) IN GENERAL.—A taxpayer shall be Mr. President, many of our citizens ‘‘(i) STANDARD MILEAGE RATE FOR USE OF PASSENGER AUTOMOBILE.— treated as materially participating in an who volunteer for charitable activities ‘‘(1) GENERAL RULE.—Except as provided in equine activity for a taxable year if— incur expenses for which they are not ‘‘(i) the taxpayer’s participation in such paragraph (2), for purposes of computing the activity for such year constitutes substan- reimbursed. For example, when an indi- deduction under this section for use of a pas- tially all of the participation in the activity vidual uses his or her automobile to de- senger automobile, the standard mileage of all individuals for such year, other than liver a meal to a homebound elderly in- rate shall be 18 cents per mile. individuals— dividual, or to transport children to ‘‘(2) TAXABLE YEARS BEGINNING AFTER 1998.— ‘‘(I) who are not owners of interest in the Scouting activities, the volunteer usu- Not later than December 15 of 1998, and each activity, ally pays the transportation cost out of subsequent calendar year, the Secretary may ‘‘(II) who are retained and compensated di- prescribe an increase in the standard mile- pocket with no expectation of reim- age rate allowed under this subsection with rectly by the taxpayer, and bursement. ‘‘(III) whose activities are subject to the respect to taxable years beginning in the oversight, supervision, and control of the I believe the costs associated with succeeding calendar year if the Secretary de- taxpayer, or charitable transportation services termines that such increase is necessary to ‘‘(ii) based on all of the facts and cir- ought to be deductible at a rate which reflect increased costs in the use of pas- cumstances, the taxpayer participates in the fairly reflects the individual’s actual senger automobiles.’’ activity on a regular, continuous, and sub- costs. This is especially important for (b) EFFECTIVE DATE.—The amendment stantial basis during such year, except that made by subsection (a) shall apply to taxable volunteers living in rural States who years beginning after December 31, 1996. for purposes of this clause— have to travel long distances to provide ‘‘(I) the taxpayer shall not be required to community services. participate in the activity for any minimum THE AMERICAN LEGION, period of time during such year, and Congress in 1984 set the standard Washington, DC, April 24, 1997. ‘‘(II) the performance of services by indi- mileage expense deduction rate of 12 Hon. FRANK MURKOWSKI, viduals who are not owners of interests in cents per mile for individuals who use U.S. Senate, Hart Senate Office Building, the activity shall not be considered if such their automobiles in connection with Washington, DC. services are routinely provided by individ- charitable activities. At the time, the DEAR SENATOR MURKOWSKI: The American Legion fully supports the ‘‘Charitable Travel uals specializing in such services and such standard mileage rate for business use services are subject to the oversight, super- Equity Act of 1997,’’ to amend the Internal of an automobile was 20.5 cents per Revenue Code of 1986 to increase the stand- vision, and control of the taxpayer. mile. In the intervening 13 years, the ‘‘(B) PARTNERS AND S CORPORATION SHARE- ard mileage rate deduction for charitable use HOLDERS.—Subject to paragraph (2), the de- business mileage rate has increased to of passenger automobiles. termination of whether a partner or S cor- 30.5 cents per mile but the charitable Not only does The American Legion ap- poration shareholder shall be treated as ma- mileage rate has remained unchanged plaud the increase in the mileage rate deduc- terially participating in any equine activity at 12 cents per mile because Treasury tion, but more importantly this measure of the partnership or S corporation shall be does not have the authority to adjust fixes the problem that has not allowed for in- cremental increases without an act of Con- based upon the combined participation of all the rate. of the partners or shareholders in the activ- gress action. The standard mileage rate de- By raising the charitable mileage duction for business use of passenger auto- ity. rate to 18 cents a mile, my legislation ‘‘(C) EQUINE ACTIVITY.—For purposes of this mobiles has increased significantly while no paragraph, the term ‘equine activity’ means restores the ratio that existed in 1984 adjustments were made in the charitable use breeding, racing, or showing horses.’’ between the charitable mileage rate rate. Granting the Secretary the authority (b) EFFECTIVE DATE.—The amendment and the business mileage rate. In addi- to make prescribed adjustments will provide made by this section shall take effect as if tion, the legislation authorizes the fairness and promote additional volunteer- included in the amendments made by section Secretary of the Treasury to increase ism. 501 of the Tax Reform Act of 1986. Thank you for your continuous leadership the charitable mileage rate in the same on behalf of America’s veterans and their de- manner as is currently allowed for By Mr. MURKOWSKI (for himself pendents. business mileage expenses. Sincerely, and Mr. COCHRAN): All of us agree that with the chang- STEVE ROBERTSON, S. 676. A bill to amend the Internal ing role of the Federal Government, we Director, National Legislative Commission. Revenue Code of 1986 to increase the need to do more to encourage volunta- standard mileage rate deduction for rism in our country. Volunteers who By Ms. MOSELEY-BRAUN: charitable use of passenger auto- provide transport services should be al- S. 677. A bill to amend the Immigra- mobiles; to the Committee on Finance. lowed to deduct such costs at a rate tion and Nationality Act of 1994, to THE CHARITABLE EQUITY MILEAGE ACT OF 1997 which fairly reflects their true out-of- provide the descendants of the children Mr. MURKOWSKI. Mr. President, in pocket costs. That is precisely what of female U.S. citizens born abroad be- the past week, we have heard a great this bill does and I urge my colleagues fore May 24, 1934, with the same rights deal of discussion regarding volunta- to join with me in sponsoring this im- to U.S. citizenship at birth as the de- rism in America. In Philadelphia, portant legislation. scendants of children born of male citi- President Clinton has been joined by Mr. President, I have a letter of sup- zens abroad; to the Committee on the former President Bush and former port for my bill from the American Le- Judiciary. Chairman of the Joint Chiefs of Staff, gion and I ask unanimous consent that THE EQUITY IN TRANSMISSION OF CITIZENSHIP Colin Powell, in what has been styled a this letter be printed in the RECORD. ACT OF 1997 voluntarism summit. I further ask unanimous consent that Ms. MOSELEY-BRAUN. Mr. Presi- On the floor of the Senate, we have the text of the bill be printed in the dent, I am introducing a bill today that been attempting to move legislation, RECORD. will amend legislation written by my which I believe should not be con- There being no objection, the mate- former colleague, the distinguished troversial, that would protect volun- rial was ordered to be printed in the Senator from Illinois, Paul Simon, and teers from fear of legal actions result- RECORD, as follows: enacted into law. Three years ago, Sen- ing from their efforts. I would hope S. 676 ator Simon was the leader in enacting that the impasse over this bill could be Be it enacted by the Senate and House of Rep- the Immigration and Nationality and broken and we could move forward on resentatives of the United States of America in Technical Corrections Act of 1994. My this important bill. Congress assembled, bill seeks to add a further correction to In the spirit of encouraging more vol- SECTION 1. SHORT TITLE. the Immigration and Nationality Act, unteer efforts in America, I am today This Act may be cited as the ‘‘Charitable so that the spirit and intent of Senator introducing the Charitable Equity Travel Equity Act of 1997’’. Simon’s work is enacted into law. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3903 Prior to 1934, a child born overseas to U.S. citizens by birth. It will ensure and the right of religious freedom be a U.S. father and a foreign mother was that the spirit of Senator Simon’s leg- without the Federal courts? It is ironic recognized by the United States as a islation is enacted into law. I urge my that the right of free speech that the U.S. citizen. However, a child born colleagues to support this legislation. Federal judiciary bashers take for overseas to a U.S. mother and a foreign Mr. President, I ask unanimous con- granted in the war against judges has father was considered to be a foreign sent that the text of this bill be printed been protected time and time again by national, not a U.S. citizen. Effec- in the RECORD. those very same judges. tively, therefore, before 1994, U.S. fa- There being no objection, the bill was It is our independent judiciary that thers could pass on their citizenship to ordered to be printed in the RECORD, as handed down landmark decisions like children born overseas, but U.S. moth- follows: Brown versus Board of Education. ers could not. Senator Simon sought to S. 677 Without our independent judiciary, remedy this gender inequality by auto- Be it enacted by the Senate and House of how long would African-American chil- matically granting U.S. citizenship to Representatives of the United States of America dren have to suffer deplorable condi- those individuals born overseas to U.S. in Congress assembled, tions in substandard schools? I remem- mothers before 1934. Under his legisla- SECTION 1. SHORT TITLE. ber after Brown versus Board of Edu- tion, the Immigration and Nationality This Act may be cited as the ‘‘Equity in cation, we had the bumper stickers and and Technical Corrections Act of 1994, Transmission of Citizenship Act of 1997’’. billboards, ‘‘Impeach Earl Warren,’’ the children of American mothers and SEC. 2. FINDINGS. and ‘‘Impeach the Supreme Court.’’ foreign fathers became U.S. citizens. Congress finds that— Well, only because they were politi- (1) since the children born abroad to Unit- His legislation also contained lan- cally independent could they hand guage to address the third generation— ed States citizen mothers before May 24, 1934, only became entitled to claim United down a decision so unpopular at the the children of these children. It is States citizenship, acquired at birth, as of time, but so recognized today univer- likely that the grandchildren of the October 25, 1994, with the enactment of Pub- sally as the right decision. I shudder to U.S. mothers and foreign fathers would lic Law 103–416, they were not legally admis- think where we would be today with have been U.S. citizens had their chil- sible into the United States as citizens prior Federal judges who are tied to the po- dren been U.S. citizens. Therefore, the to that date; and litical whims of the moment. We 1994 law also granted U.S. citizenship (2) therefore, they could not meet the resi- should talk about where the country dency requirements to transmit United to these grandchildren. would be without independent Federal This provision granting citizenship States citizenship onto their children as the children of male United States citizens judges. to the grandchildren, however, contra- could. The nonpartisan Judicial Conference dicted another section of the Immigra- SEC. 3. EQUAL TREATMENT OF CHILDREN BORN of the United States has proposed tion and Nationality Act [INA]. INA ABROAD OF FEMALE UNITED changes in the makeup of our courts. It states that in order to transmit U.S. STATES CITIZENS IN CONFERRING has been 7 years since Congress last se- CITIZENSHIP TO CHILDREN BORN citizenship from a parent to a child riously reexamined the caseload of the born overseas, the parent must have ABROAD. (a) IN GENERAL.—Section 101 of Public Law Federal judiciary. lived in the United States for 10 years. 103–416 is amended by amending subsection Mr. President, our judges do an admi- A U.S. citizen who has a child overseas (d) to read as follows: rable job under tough conditions. They needs to have lived in the United ‘‘(d) WAIVER OF TRANSMISSION REQUIRE- endure constant criticism and heavy States over a 10-year period to pass on MENTS.—The parental physical presence re- caseloads. Contrary to what some of U.S. citizenship to his or her children. quirement contained in section 301(g) of the Immigration and Nationality Act shall not my Republican colleagues have stated, This transmission requirement is gen- there is a need for more Federal judges. der neutral, and applies to all U.S. citi- apply to any person born before the date of The Judicial Conference of the Unit- zens who have children overseas. enactment of this Act who claims United Senator Simon’s law did not specifi- States citizenship based on such person’s de- ed States, the nonpartisan policy- scent from an individual described in section making arm of the judicial branch, be- cally waive this transmission require- 301(h) of the Immigration and Nationality ment for the third generation, al- lieves that the continuing heavy case- Act.’’. load of our courts of appeals and dis- though the language of the bill clearly (b) EFFECTIVE DATE.—The amendment stated that it intended to grant citi- made by subsection (a) shall be deemed to trict courts merit additional judges. zenship to the grandchildren of the have become effective as of October 25, 1994. Overworked judges and heavy caseloads American mothers. The lawyers at INS slow down the judicial process, and as have concluded that the transmission By Mr. LEAHY: we all know, justice delayed is justice requirement must be met in order to S. 678. A bill to provide for the ap- denied. Mr. President, we must act pass citizenship onto the grandchildren pointment of additional Federal circuit now. of the American mothers and foreign and district judges, and for other pur- Mr. President, on Law Day, a day to fathers. In other words, INS is requir- poses; to the Committee on the Judici- commemorate our Nation’s legal sys- ing the third generation to show that ary. tem and the freedoms it is designed to the second generation lived in the THE FEDERAL JUDGESHIP ACT OF 1997 protect, I introduce the Federal Judge- United States for 10 years in order to Mr. LEAHY. In that regard, today ship Act of 1997. This legislation, iden- pass citizenship to the third genera- being Law Day I think we should honor tical to the recommendations of the tion. the Federal judiciary. We have a politi- nonpartisan Judicial Conference of the This is impossible given that the sec- cal climate where many of my col- United States, would create 12 addi- ond generation was never allowed to leagues bash the Federal judiciary on a tional permanent judgeships and five live in the United States because they daily basis and propose legislation that temporary judgeships for the U.S. were not citizens until 1994. Thus the threatens a time-honored independence Court of Appeals; and 24 additional per- provision of the 1994 law granting citi- of the Federal judiciary. I think our manent judgeships and 12 temporary zenship to these grandchildren was Nation’s judges deserve our respect, ad- judgeships for the U.S. district courts. never implemented. miration, and support—not our disdain, In 1984, Congress passed a bill to ad- The purpose of my bill is to waive the scorn, and antipathy. Anywhere you go dress the need for additional judge- transmission requirement for the in the world you will find that one of ships. Six years later, in 1990, Congress grandchildren of the American mothers the things that stands out, one of the again fulfilled its constitutional re- and foreign fathers. The third genera- things admired most about the United sponsibility and enacted the Federal tion will not have to show that the sec- States, is the independence of our Fed- Judgeship Act of 1990 because of a ond generation lived in the United eral judiciary. sharply increasing caseload, particu- States for 10 years. They will be grant- For the past 200 years, they protected larly for drug-related crimes. ed citizenship even though their par- the freedoms and fundamental rights It is now 7 years since Congress last ents did not live in the United States we all take for granted. You could ask, seriously reexamined the caseload of for 10 years. This bill will help a small where would our cherished rights like the Federal judiciary and the need for number of people who should have been first amendment-protected free speech more Federal judges. Let us act now. S3904 CONGRESSIONAL RECORD — SENATE May 1, 1997 Let us fulfill our constitutional respon- ola, Inc., whose purpose is to create a are separated from their father and sib- sibilities. Let us ensure that justice is global network of telecommunications lings for years to come. Jack Sun fre- not delayed or denied for anyone. systems through the use of low-orbit- quently and extensively travels to the ing satellites. United States to oversee his business By Mr. ROCKEFELLER: The purpose of this private bill is to operations. S. 679. A bill for the relief of Ching- attempt to assist Jack Sun in expedit- There is simply no further adminis- hsun and Ching-jou Sun; to the Com- ing the completion of the permanent trative procedure to use to resolve this mittee on the Judiciary. residence process that is well underway situation for the Sun family and these PRIVATE RELIEF LEGISLATION through conventional procedures for two children. They are confronted with Mr. ROCKEFELLER. Mr. President, his two youngest children, Ching-Jou an extraordinarily long delay waiting today, I am introducing a private relief Sun, age 8, and Ching-Hsun Sun, age 6. for visas already approved to actually bill that is based on careful reflection Jack Sun’s three eldest children re- become available. No administrative and a sincere desire to help a family of ceived their permanent residence sta- remedy exists to cure this situation. importance to me and my State of tus on April 28, 1992. No further relief is available from the West Virginia. Regarding this bill, in July, 1995, a Immigration and Naturalization Serv- This is an effort to assist an individ- petition for alien relative was filed on ice or any other agency. The relevant ual named Jack Sun who is a promi- behalf of ching-jou and Ching-Hsun administrative agencies, including the nent international businessman and Sun. The Immigration and Naturaliza- Immigration and Naturalization Serv- multinational manager with perma- tion Service approved the petitions on ice and the National Visa Center at the nent residence status in the United January 30, 1996. Upon approval of the State Department, have informed Jack States. Mr. Sun sought and obtained petitions, the children were assigned a Sun and his attorney that there is no permanent residence in the United priority date of July 26, 1995. administrative vehicle to expedite con- States to enable him to pursue eco- However, Jack Sun and his attorney clusion of the permanent residence nomic business and ties between his have been informed by the Department process. native Taiwan and the United States. of State’s Bureau of Consular Affairs, Therefore, I have decided to seek a Of great significance to West Vir- that in the preference category for legislative remedy for Jack Sun’s fam- ginia, in his capacity as Chairman of which Ching-Jou and Ching-Hsun Sun ily. After carrying out all the steps Taiwan Aerospace Corp., Jack Sun has have been approved, the number of peo- needed to obtain approval for resident been instrumental in forging a Taiwan/ ple approved for issuance of visas far status, they face a 6-year waiting pe- United States joint venture named exceeds the number of visas currently riod that now condemns a father and Sino Swearingen, Inc., that will build available for actual issuance. Con- children to prolonged periods of separa- state-of-the-art business jets in my sequently, the children have been as- tion. home State of West Virginia. Taiwan signed a priority date that is a place on Because of my respect for Jack Sun Aerospace Corp., and its Taiwanese co- the waiting list. The National Visa and deep appreciation for the role he investors have to date committed an Center states that based upon the cur- has played in locating a major new amount in excess of $150 million to fi- rent conditions and backlog, the prior- source of jobs and opportunity for West nance this joint venture. Sino ity date held by Ching-Jou and Ching- Virginians, I am asking Congress to Swearingen, Inc., is expected to employ Hsun Sun will not be reached for more take the legislative action required to around 800 people at this West Virginia than 4 years. relieve a family of undue hardship and site when it becomes fully operational. Ching-Jou and Ching-Hsun Sun are separation solely resulting from the As someone who knows Jack Sun now in the process of waiting for their grim reality that two children would personally and has worked closely with green cards which would enable them otherwise have to wait 6 years to get him to pursue this new investment and to live and go to school in the United visas they already have been approved jobs opportunity for West Virginia, I States with their sisters and brother. for. I believe this is just the example of know him to be an honorable individ- To add to the problem, during this an extraordinary personal situation ual. He is an internationally respected waiting period, the children cannot that merits congressional assistance business leader, well known to the even travel with their father and fam- and action. American business community. Jack ily in the United States. The children Mr. President, I ask unanimous con- Sun has worked extremely hard to de- cannot obtain even a visitor’s visa be- sent that the text of the bill be printed velop and maintain strong personal and cause they have already indicated their in the RECORD. business ties in the United States. In immigration intent. There being no objection, the bill was addition to his business activities, Although the petitions were approved ordered to be printed in the RECORD, as Jack Sun is active in the cultural and on behalf of Ching-Hsun Sun and follows: academic life of both Taiwan and the Ching-Jou Sun, the prolonged continu- S. 679 United States. He also sits on the Uni- ation of the waiting period has created Be it enacted by the Senate and House of Rep- versity of Southern California School personal hardships for Jack Sun, and resentatives of the United States of America in of Business Administration’s CEO his family. Jack Sun’s three oldest Congress assembled, SECTION 1. PERMANENT RESIDENCE. board of advisors. children permanently reside in Pasa- Notwithstanding any other provision of Jack Sun, in his capacity as presi- dena, CA. The two oldest daughters law, for purposes of the Immigration and Na- dent of Pacific Electric Wire & Cable presently attend the University of tionality Act (8 U.S.C. 1101 et seq.), Ching- Co., Ltd, has, over the past 10 years, di- Southern California. Jack Sun simply hsun Sun and Ching-jou Sun shall be held rected significant investments into the would like his family to be together as and considered to have been lawfully admit- United States and has created thou- much as possible. This means he wishes ted to the United States for permanent resi- sands of jobs for Americans. Mr. Sun is to be able to travel with his children to dence as of the date of the enactment of this the president of Pacific USA Holdings the United States, and to unify his Act upon payment of the required visa fees. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE Corp. headquartered in Dallas, TX. Pa- family. Under the present cir- VISAS. cific USA Holdings Corp. is a diversi- cumstances, the family is split, three Upon the granting of permanent residence fied holding company whose business children holding permanent residence to Ching-hsun Sun and Ching-jou Sun as pro- activities encompass commercial bank- status and living in the United States, vided in this Act, the Secretary of State ing, home building, mortgage and in- while the two youngest children have shall instruct the proper officer to reduce by vestment banking, property develop- to remain in Taiwan during this pro- the appropriate number during the current ment, insurance and technology serv- longed waiting period and the potential fiscal year the total number of immigrant ices, to name but a few. Pacific USA 6 year delay before achieving visas for visas available to natives of the country of the aliens’ birth under section 203(a) of the Holdings Corp. and its subsidiaries now permanent residence status. Immigration and Nationality Act (8 U.S.C. employ more than 2,000 U.S. workers. This forced separation creates a par- 1153(a)). Jack Sun also serves as director of ticular hardship because of the ages of the Iridium project which is an inter- the children. The children are not per- By Mr. GRAHAM (for himself and national alliance sponsored by Motor- mitted to travel with their father and Mr. MACK): May 1, 1997 CONGRESSIONAL RECORD — SENATE S3905 S. 681. A bill to designate the Federal distinguished service. I urge my col- san support and affects law enforce- building and U.S. courthouse located at leagues to support me in enacting this ment all across the United States. I en- 300 Northeast First Avenue in Miami, measure. courage my colleagues to support this FL, as the ‘‘David W. Dyer Federal important legislation. Courthouse’’; to the Committee on En- By Mr. HARKIN (for himself and vironment and Public Works. Mr. FORD): By Mr. STEVENS: S. 683. A bill to require the Secretary DAVID W. DYER FEDERAL COURTHOUSE S. 682. A bill to amend title 32, Unit- of the Treasury to mint coins in com- LEGISLATION ed States Code, to make available not memoration of the bicentennial of the Mr. GRAHAM. Mr. President, today I less than $200,000,000 each fiscal year Library of Congress; to the Committee have the distinct pleasure to introduce for funding of activities under National on Banking, Housing, and Urban Af- legislation that would redesignate the Guard drug interdiction and fairs. Old Federal Courthouse in Miami, FL, counterdrug activities plans; to the the ‘‘David W. Dyer Federal Court- Committee on Armed Services. THE LIBRARY OF CONGRESS BICENTENNIAL COMMEMORATIVE ACT OF 1997 NATIONAL GUARD COUNTERDRUG STATE PLAN house.’’ Mr. STEVENS. Mr. President, today Residing behind the bench for over 30 PROGRAM LEGISLATION Mr. HARKIN. Mr. President, the Na- I am introducing legislation that would years, Judge Dyer distinguished him- authorize the minting of silver $1 coins self as one of the finest jurists in the tional Guard has a history of superb performance in supporting the needs of and gold $5 coins in commemoration of State of Florida, and his commitment the bicentennial of the Library of Con- to public service dates back to his serv- law enforcement agencies and commu- nity antidrug coalitions. Every day the gress. The year 2000 will mark this im- ice in the U.S. Army during World War portant event for the Congress and the National Guard has nearly 4,000 sol- II. Nation. Over the past two centuries, diers and airmen on full-time counter In 1961, President John F. Kennedy the U.S. Congress has built its library drug duty. Three-hundred and seventy- appointed him to the District Court for into America’s library and the greatest three in support of the Drug Enforce- the Southern District of Florida. At repository of recorded knowledge and the time the Southern District in- ment Agency [DEA], 625 in support of creativity in the history of the World. cluded Tampa, Jacksonville, and U.S. Customs, and 3,000 more in sup- Proceeds from the coin will help the Miami. The following year the district port of local, State, and Federal law library support bicentennial programs, was pared down and he became the ini- enforcement agencies in every State in educational outreach, and other activi- tial chief judge of the reconfigured the Nation. ties including programs with schools Southern District. Judge Dyer would Unfortunately, for the last 5 years, and libraries across the Nation. continue to serve in this capacity for this successful program has been on a The Library of Congress’ bicenten- the next 4 years. budget rollercoaster. For example, nial merits a U.S. commemorative President Lyndon Johnson then ap- funding for the fiscal year 1998 Na- coin. The library is an institution that pointed him to the U.S. Court of Ap- tional Guard Counterdrug State plans has an enduring effect on the Nation’s peals for the Fifth Circuit in 1966. This program will result in a 42-percent cut culture and history. As vice chairman marked the first time that anyone in the amount actually available to of the Joint Committee on the Library, from Miami had been honored with the State plans from the fiscal year 1997 I am pleased to offer this legislation opportunity to serve on the court of level. It is tough to maintain program and I welcome and encourage my col- appeals. In 1977, Judge Dyer rose to the consistency when the funding level leagues to join as cosponsors. position of senior judge for the fifth fluctuates each year. Legislation I am circuit and carried this status over introducing today, along with Senator By Mr. CONRAD (for himself, Mr. into the Eleventh Circuit Court of Ap- FORD, the co-chairman of the National DASCHLE, Mr. DORGAN, Mr. peals. Guard Caucus, will stabilize funding for GRAMS, Mr. JOHNSON, and Mr. During the turbulent 1960’s, Judge the National Guard Counterdrug State WELLSTONE): Dyer participated in a number of civil plans program at no less than $200 mil- S. 684. A bill to amend the Robert T. rights cases. This period was an era lion each fiscal year. Stafford Disaster Relief and Emer- when the Federal courts were called to Iowa law enforcement, as well as law gency Assistance Act to provide assist- implement the constitutional ideal of enforcement across the United States, ance to local educational agencies in cases of certain disasters, and for other equal justice under the law for all relies heavily on the help of the Na- purposes; to the Committee on Envi- Americans. It was a proud time in our tional Guard in their drug fighting ef- ronment and Public Works. legal history and Judge Dyer is part of forts. The National Guard provides per- that legacy. In one such case, he was sonnel and equipment to local law en- DISASTER RELIEF LEGISLATION Mr. CONRAD. Mr. President, last responsible for the desegregation of the forcement agencies. Guard men and week on several occasions I spoke restaurants on the Florida Turnpike. women assist with analytical and tech- about the devastating impact of the Judge Dyer served his community in nical support so that criminal inves- floods along the Red River Valley on a variety of other capacities. He is a tigators can be out on the street. The the residents of the communities in former member of the board of gov- Iowa High Intensity Drug Trafficking North Dakota, South Dakota, and Min- ernors and executive committee of the Area [HIDTA] task force plans to uti- nesota. Florida Bar, as well as the board of lize National Guard support as part of I note that the current occupant of governors of the Maritime Law Asso- their efforts to fight methamphet- the chair sent me a very gracious note ciation. He also served as president of amine trafficking in Iowa. Guard men about the fact that he has relatives in the Dade County Bar, the largest in and women also work in partnership North Dakota. I want to acknowledge Florida. with the Community Anti-drug Coali- his offer to help, which we appreciate Judge Dyer has been an inspirational tion of America and expect to reach 10 very much. model for two generations of lawyers. million young people in the country to The impact of the floods on small He has shown through his example help educate and motivate them to re- communities and the city of Grand what integrity of character, sound ject the use of illegal drugs. Forks, ND has been extraordinary. In judgment, and courage of conviction As we face unprecedented drug prob- Grand Forks alone, more than 60,000 can achieve in implementing our high- lems in Iowa and across the Nation, it residents have been evacuated to tem- est ideals. is necessary to maintain consistent porary shelters. Much of downtown Mr. President, Judge Dyer spent funding for the drug fighting efforts of Grand Forks has been destroyed by much of his life working out of the Old the National Guard. Not only does the fires, and an estimated 28 to 35 schools Federal Courthouse in Miami. Passage National Guard Counterdrug Program and higher education facilities have of this legislation to redesignate the free up criminal investigators to fight been severely damaged or destroyed by building in Judge Dyer’s name would crime on the streets, it provides an av- the floods. be a small, but fitting token of appre- enue for cooperation that makes en- This disaster has left more than ciation that America and its judicial forcement more efficient as well. This 11,000 elementary and secondary stu- system owe Judge Dyer for his years of program traditionally enjoys biparti- dents and 10,500 university students S3906 CONGRESSIONAL RECORD — SENATE May 1, 1997 without school facilities for classroom schools are in the area that has been ment of Labor, the Department of the instruction. Many of these elementary declared a major disaster by the Presi- Treasury, and the Congress to study and secondary students are attending dent. the costs and benefits of the credit. To classes in more than 30 school districts As FEMA currently has the author- date, there are no statistics available. across the State. The North Dakota Of- ity to restore educational facilities, I And while we await a more complete fice of Management and Budget has es- believe the agency is best equipped to set of statistics on how the revised tax timated that damage to local edu- respond quickly to the emergency oper- credit is performing, I believe the Con- cation facilities, as well as the unan- ating needs of school districts affected gress should begin consideration of an ticipated costs to provide education by disasters. As I noted earlier, school extension of this credit to allow more services for displaced students around districts in 7 states affected by Mid- employers to take part in the program the State, may exceed $250 million. west floods and Dade County schools and to provide an assurance to employ- Mr. President, local school districts impacted by Hurricane Andrew bene- ers and potential employees alike that and the North Dakota University sys- fited from this emergency assistance in there is an incentive which is available tem will need considerable assistance 1992–94. There is no question that to stimulate job opportunities. The from the Department of Education and school districts in North Dakota, sooner we are able to provide an exten- the Federal Emergency Management South Dakota, and Minnesota urgently sion for the credit, the more secure Agency [FEMA] to fully recover from need similar assistance. I intend to both the employers and the employees this terrible disaster. I have been ad- offer this legislation as part of the sup- who take part in this credit will be. vised that FEMA, under the Robert plemental disaster assistance measure In addition, authorizing the credit Stafford Disaster Relief and Emer- when it reaches the Senate floor. I for an additional fiscal year will pro- gency Assistance Act, has the author- hope my colleagues will support this vide this Congress with a set of statis- ity to provide assistance to local gov- urgent need. tics available from multiple fiscal ernmental agencies including school years, not just 1, allowing us to better By Mr. CAMPBELL: districts and the North Dakota Univer- S. 685. A bill to amend the Internal assess the costs and benefits of the sity system, for repair of educational Revenue Code of 1986 to extend the WOTC. facilities. work opportunity tax credit for an ad- I am hopeful that the revised tax FEMA, however, does not have au- ditional fiscal year; to the Committee credit will prove more successful than thority under the Stafford Act to assist on Finance. its predecessor. I have long been a sup- or reimburse a local school district for porter and advocate for the promotion providing unanticipated educational LEGISLATION TO EXTEND THE WORK OPPORTUNITY TAX CREDIT of job opportunities and job training services to displaced students. Mr. CAMPBELL. Mr. President, for at-risk youth and ex-offenders, in Such emergency educational assist- today I am introducing legislation particular. Any incentive to put more ance was available in the past to local which would provide for a 1-year exten- Americans to work should be given the school districts from the Department sion of the work opportunity tax cred- chance to succeed; 1 year is simply not of Education under Impact Aid, section it, authorizing the credit beyond this enough. 7—assistance for current school ex- fiscal year through the end of fiscal With that, I ask this bill be referred penditures in cases of certain disasters. year 1998. to the appropriate committee. During This law, unfortunately, was repealed My colleagues know well the history the 105th Congress, a number of tax in 1994 during consideration of the Im- behind the work opportunity tax cred- proposals will be under consideration, proving America’s School Act. it. It is the successor to the targeted and it is my hope that, by introducing Prior to 1994, for example, school dis- jobs tax credit which expired 2 years this measure, the work opportunity tax tricts affected by natural disasters in- ago and which received some criticism credit does not get lost in the shuffle cluding Hurricane Andrew—1992—in that it was an ineffective incentive and expire prematurely. Dade County, FL, and communities in mechanism. However, Congress felt Mr. President, I ask unanimous con- 7 states impacted by the Midwest that there could be some type of worth- sent that the bill be printed in the floods—1993—were eligible for disaster while incentive which could encourage RECORD. assistance to meet emergency edu- employers to hire individuals from eco- There being no objection, the bill was cation operating expenses. In North nomically disadvantaged groups, and ordered to be printed in the RECORD, as Dakota, more than 30 school districts as a result, the credit was revised, re- follows: throughout the State are assisting named the work opportunity tax cred- S. 685 11,000 displaced students from the it, and incorporated into the Small Be it enacted by the Senate and House of Rep- Grand Forks area. Another 30,000 stu- Business Job Protection Act (P.L. 104– resentatives of the United States of America in dents in Minnesota are displaced and 188), which the Congress passed and the Congress assembled, attending classes in school districts President signed into law last year. SECTION 1. ONE-YEAR EXTENSION OF WORK OP- across the State. These school districts PORTUNITY TAX CREDIT. The revised tax credit, with tougher Section 51(c)(4)(B) of the Internal Revenue are in urgent need of similar emer- standards, such as in the area of cer- Code of 1986 (relating to termination) is gency assistance. tification and retention requirements, amended by striking ‘‘September 30, 1997’’ Mr. President, today I am introduc- was authorized for 1 fiscal year and is and inserting ‘‘September 30, 1998’’. ing legislation to restore the authority set to expire on September 30, 1997. The to provide this emergency education legislation I am introducing today By Mr. SARBANES (for himself, operations assistance for elementary would simply provide for an extension Mr. HUTCHINSON, and Mr. and secondary schools. I am very of the work opportunity tax credit for TORRICELLI): pleased that Senators DASCHLE, JOHN- 1 additional fiscal year, through Sep- S. 686. A bill to establish the Na- SON, DORGAN, WELLSTONE, and GRAMS tember 30, 1998. tional Military Museum Foundation, are joining me as cosponsors of this There are several reasons for the ex- and for other purposes; to the Commit- bill. tension. First, employers now have a tee on Armed Services. Under this legislation, FEMA would tax incentive to hire individuals from NATIONAL MILITARY MUSEUM FOUNDATION be authorized in section 403—essential targeted economically disadvantaged LEGISLATION assistance—to provide disaster assist- groups, providing these individuals Mr. SARBANES. Mr. President, ance including transportation, emer- with jobs and valuable work experi- today I am introducing on behalf of gency food services, and the costs for ence. In the wake of the historic wel- myself, Mr. HUTCHINSON, and Mr. providing educational services to stu- fare reform legislation which was TORRICELLI, legislation to create a Na- dents who formerly attended other signed into law last year, I believe this tional Military Museum Foundation. schools, including private schools, that incentive to put people to work is a The purpose of this legislation is to en- were damaged or destroyed by disaster. vital one, and it should be given the op- courage and facilitate private sector This emergency assistance would also portunity to work. support in the effort to preserve, inter- be available to schools funded by the Second, Congress authorized this pret, and display the important role Bureau of Indian Affairs provided the credit for 1 year to allow the Depart- the military has played in the history May 1, 1997 CONGRESSIONAL RECORD — SENATE S3907 of our Nation. This legislation is, in artifacts rather than textbooks, and our forces. Closely allied to that prior- my judgment, crucial at this particular many of our technological advances ity is the effort to improve the quality moment in history, when we are on the have come as a direct result of these of life for our citizens on active duty. verge of jeopardizing two centuries artifacts. The ship models and ordi- And, as aging equipment faces obsoles- worth of military artifacts and negat- nances at U.S. Naval Academy Museum cence, the Secretary has indicated that ing the possibility of such collections in Annapolis, MD, for example, have the future will bring an increased em- in the future. been used by the Academy’s Depart- phasis on replacing weapons systems. It has been the long-standing tradi- ments of Gunnery and Seamanship. It By all realistic assumptions, the tion of the U.S. Department of War and has also been reported that a study of amount of funds appropriated for muse- its successor, the Department of De- an existing missile system, preserved ums is likely to continue downward. fense, to preserve our historic military in an Army museum, saved the Strate- My bill recognizes the growing need artifacts. Since the days of the revolu- gic Defense Initiative $25 million in re- for a reliable source of funding aside tion to the conflict in Bosnia, Ameri- search and analysis costs. These muse- from Federal appropriations. A Na- cans have been proud of the role that ums serve as laboratories where engi- tional Military Museum Foundation our military has had in safeguarding neers can learn from the lessons of the would provide an accessible venue for our democracy, and we have tried to past without going through the same individuals, corporations, or other pri- ensure that future generations will trial and error process as their prede- vate sources to support the preserva- know that role. Over the years we have cessors. tion of our priceless military artifacts accumulated a priceless collection of Yet without adequate funding, these and records. A National Military Mu- military artifacts from every period of benefits will be lost forever. According seum Foundation could also play an American history and every techno- to a 1994 study conducted by the Advi- important role in surveying those arti- logical era. The collection includes sory Council on Historic Preservation facts that we know to exist. Currently, flags, uniforms, weapons, paintings, entitled, ‘‘Defense Department Compli- there is no museum oversight or co- and historic records as well as full-size ance with the National Historic Preser- ordination of museum activities on the tanks, ships, and aircraft which docu- vation Act,’’ the Department of De- DOD level. A wide-ranging Foundation ment history and provide provenance fense’s management of these resources survey would therefore not only elimi- for our Nation and armed services. has been mediocre, with the cause at- nate duplication, but would most like- In recent years, however, the dedi- tributed to inadequate staffing and ly discover gaps in our collections that cated individuals who identify, inter- funding. must filled before it is too late. pret, catalog, and showcase those arti- More than 80 percent of the museums Under the proposed legislation, the facts have found themselves short- studied said their survival relies heav- Secretary of Defense would appoint the changed and shorthanded. With finan- ily on outside funding. When asked Foundation’s Board of Directors and cial resources diminishing, not only about their greatest needs, the re- provide basic administrative support. are we cheating ourselves out of the sponse was nearly always staff and To launch the Foundation, the legisla- military treasures currently money. And those museums that re- tion authorizes an initial appropriation warehoused out of public sight, but we ported sufficient staffing from volun- of $1 million. It is anticipated that the are in danger of lacking the funds to teers nevertheless said that the dearth Foundation would be self sufficient update our collections with new items. of funds for restoration and construc- after the first year. This is a small ‘‘A morsel of genuine history,’’ wrote tion paralyzed them from fully utiliz- price to pay to save some of our most Thomas Jefferson to John Adams in ing the available labor. precious treasures. 1817, ‘‘is a thing so rare as to be always According to the study, money is so This legislation is modeled on legis- valuable.’’ Mr. President, today, sig- tight that brochures and pamphlets are lation that established similar founda- nificant pieces of our military history often unaffordable, leaving visitors tions, such as the National Park Foun- are being lost, shoved into basements, with no explanations about the objects dation and the National Fish and Wild- or subject to decay. With each year they have come to see. A young child life Foundation, both of which have also comes less funding, and our arti- might be duly impressed by the sight of succeeded in raising private-sector sup- facts are multiplying at a pace that ex- a stern-faced general, but the histori- port for conservation programs. My bill ceeds the capabilities of those who are cal lesson is greatly diminished if the is not intended to supplant existing trying to preserve them. Since 1990 child is not told the significance of the Federal funding or other foundation ef- alone, the services have closed 21 mili- event portrayed or why the general forts that may be underway, but rather tary museums and at least 8 more are looked so grim that day. to supplement those efforts. expected to close in the next few years. Perhaps most distressing, the study The premise for establishing a na- We cannot let this proceed any fur- reported ‘‘substantial collections of tional foundation is, in part, to elevate ther. Military museums are vital to rare or unique historical military vehi- the level of fundraising beyond the documenting our history, educating cles and equipment that are local level, supplementing those efforts our citizenry, and advancing our tech- unmaintained and largely unprotected by seeking donations from potentially nology. More than 81 museums in 31 due to lack of funds and available ex- large donors. I also want to emphasize States and the District of Columbia pertise.’’ In addition, the museums the inclusiveness of the Foundation, daily instill Americans from veterans were found to be struggling so much which will represent all the branches of to new recruits to elementary school with the care of items already in our armed services. students with a sense of the sacred re- house, that they were unable to accept Mr. President, statistics reveal that sponsibility that military servicemen new ones. With a new class of military foundations established without the bear to defend the values that have artifacts from the Vietnam and gulf mandate of a Federal statute and the made this country great. wars soon to be retired, one wonders backing of an established agency sel- Military museums teach our service- whether those artifacts will be pre- dom succeed. With ever-diminishing men the history of their units, enhanc- served. If we do not take action to save Federal funds, we cannot expect the ing their understanding both of the what we have and acquire what we Department to put our military muse- team of which they are a part and the don’t, future generations will see these ums ahead of national security. Truly, significance of the service they have pockets of negligence as blank pages in an outside source committed to sus- pledged to perform. And when a mu- the living history books that these mu- taining our museums is imperative. I seum makes history come alive to seums truly are. urge my colleagues to support this im- young children, those children learn Only a Foundation can address these portant legislation. for themselves what this country problems. The alternate solution—to stands for and the sacrifices that have press the services to devote more By Mr. JEFFORDS: been made to preserve the freedoms we money to these institutions—is im- S. 687. A bill to enhance the benefits often take for granted. plausible in this budgetary climate. of the national electric system by en- Many of our servicemen have learned The Secretary of Defense must place couraging and supporting State pro- their military history through these his highest priority on the readiness of grams for renewable energy sources, S3908 CONGRESSIONAL RECORD — SENATE May 1, 1997 universal electric service, affordable we reassess the future of the electric avoids many of the environmental im- electric service, and energy conserva- power industry. It directly addresses pacts associated with electric genera- tion and efficiency, and for other pur- the numerous public benefits we enjoy tion. The alternative is potentially poses; to the Committee on Energy and from our electric power structure, a devastating. In a recent national sur- Natural Resources. system that has a unique impact on vey, respondents were advised that THE ELECTRIC SYSTEM PUBLIC BENEFITS how we live. And it does this while cre- changes in how the utility industry op- PROTECTION ACT OF 1997 ating a setting within the electric in- erates could lead to further cutbacks in Mr. JEFFORDS. Mr. President, dustry which promotes competition. traditional efficiency programs. Seven America is currently considering an ex- Under the system in effect today, out of ten Americans, polled across the tremely important and contentious electric utilities have been granted Nation, stated that they support man- issue: Should we restructure the sys- franchises in order to serve the public datory investments in energy effi- tem by which we obtain our electric good. In return for a guaranteed return ciency, even if it means higher electric energy? And if so, how should we go on their investments, the utilities rates. They realize that what we invest about doing this? Hardly a day goes by have, to varying degrees of success, im- today may save us billions of dollars in which one cannot find a news article plemented many public purpose pro- during our lifetimes and those of our on this subject. Across our Nation, 44 grams from which we benefit. These children. States have taken on the issue of re- initiatives have addressed the need for The loss of public purpose programs structuring, either in legislative de- alternative fuels, assistance to needy will affect one group in particular. For bate or through the implementation of and remotely located consumers, en- middle class families, the energy crisis pilot programs. And even here in Con- ergy efficiency projects, and environ- of the 1970’s is only a memory; for low- gress, there are a number of proposals, mental safeguards. While the industry income customers, the energy crisis in both the House and Senate, which has made significant progress in the never ended. A recent study in my address the various factors affecting past few decades, recent years have State of Vermont showed that residen- the electric industry. seen a steady decline in investments tial customers in general spend 3.8 per- Advocates on all sides are debating relating to these initiatives. As the cent of their income on energy, while whether the Federal Government electric industry moves closer to com- low-income households spend 15 to 20 should direct States to move to a re- petition and deregulation, utilities are percent, and in some cases even more. structured system, both in terms of becoming less inclined to support pub- Unaffordable utility costs are a leading how they should do it and when. lic purpose programs without a guaran- cause of loss of housing for low-income There are a number of ideas being of- teed return. families. Yet another study found that fered as to whether utilities should be My legislation creates a national visits by individuals from low-income allowed to recover costs that were in- electric system public benefits fund to households to emergency rooms in- curred under a regulated system, and if enable and encourage State programs creased after periods of severe weather, so, in what manner and to what degree. for renewable energy technologies, en- when those families had to make the Who should bear the burden? The rate ergy efficiency, low-income assistance, choice to heat or eat. payer? The tax payer? The share hold- and universal access. It is supported by It is also clear that low-income fami- er? a broad-based, competitively neutral, lies face greater barriers than other Arguments have been made for and systems benefits charge levied as a groups of customers to implementing against Federal protection of public wires charge on all interconnected gen- the energy conservation measures I power, both in terms of market power eration for sale on the electricity mar- spoke of earlier, measures that would and fiscal subsidies. Must companies ket. Revenues from the fund will be reduce their energy costs. Low-income divest according to function? Does a used to match funds raised by the families are more likely to live in rent- municipality’s tax exempt bond au- States for the same public purposes al property, in which they have neither thority give it an advantage over the and support the continuation and ex- the right to make major modifications tax deferrals of the utility, or the less- pansion of the benefits we enjoy today. themselves nor the ability to persuade than-cost loans to the cooperative? A study of history divulges two im- their landlords to make energy con- Mr. President, we continue to hear a portant facts about energy efficiency. servation investments in their housing. great deal about how the effort to re- The first is that the potential for cost- While there are low-income home- structure the electric power industry effective savings from accelerated in- owners, their incomes are generally in- may affect the Nation’s economy. What vestments in energy efficiency is very sufficient to fund improvements in en- is not being discussed, and what I be- large. Yet trends over the last few ergy efficiency. My bill will provide a lieve is equally important, is how these years raise serious questions about mechanism to help circumvent many changes will affect our society as a utilities’ commitments to energy effi- of these barriers. whole. How will it impact on the Na- ciency programs. Based on the uncer- In considering the impact of restruc- tion’s poor? How will it affect our chil- tainty surrounding the change within turing on the Nation’s poor, we must dren’s health? How will restructuring the industry, many utilities have ad- also keep in mind that low-income cus- affect our environment? mitted that they have already cut pro- tomers are unlikely to be an extremely Well, it doesn’t have to be an either/ grams and are planning on reducing or attractive and highly sought after seg- or choice. In fact, it can’t be. As we eliminating more. While this uncer- ment of the electricity market. They move towards a restructured industry, tainty makes long-term predictions in are more likely than other customers we must consider the issues not only in this area difficult, the Energy Informa- to have difficulty paying their bills. terms of what they mean to our econ- tion Administration has projected a 13- They are more likely to require pay- omy, but also in terms of what they percent reduction in direct utility ex- ment arrangements and other labor in- mean to our society. We must secure penditures on energy efficiency pro- tensive involvement from the utility and enhance the public benefits that grams during the period 1995 until 1999. company. And they are less likely to until now have been provided by the My bill affords States the opportunity use large quantities of electricity electric industry’s unique structure to make necessary investments in effi- which might qualify them for volume and regulatory traditions. This can ciency technologies. discounts. We must accept the fact only be achieved by including certain The second important fact we have that access to electric power is a neces- safeguards in any new regulatory learned is that there exist significant sity in our society. My legislation will structure from the outset, before dra- structural and informational market help guarantee that everyone has equal matic changes unravel the gains this barriers to the deployment of invest- access to the benefits of the electric in- industry has made. ments in energy efficiency in the ab- dustry. It will target, through the en- I rise today to introduce the Electric sence of targeted programs. My bill couragement and development of co- System Public Benefits Protection Act will help negotiate these barriers with- operatives and other market mecha- of 1997. This bill acknowledges the re- in the industry. nisms, the millions of Americans who sponsibility we have to our Nation, to One of the benefits of energy effi- are from low-income families, remote its people and to the environment as ciency is that reduced consumption rural areas and other groups who lack May 1, 1997 CONGRESSIONAL RECORD — SENATE S3909 market power. In short, Mr. President, bill would cause a dramatic change by Finally, we need to give people the it ensures that essential services re- the year 2005, decreasing the amount of information they need to make intel- main affordable and the benefits of this deadly gas from electric power- ligent choices regarding their elec- competition are available to all utility plants by roughly 60 percent. tricity. My bill directs the Secretary of customers. This next chart reveals the problem Energy to establish a system whereby We have learned the hard way that this Nation will face in the future as electric service providers must disclose the Nation’s economic well-being can increasing amounts of carbon dioxide to the consumer adequate information be put at risk by rapid spikes in world are released into the air from the elec- on generation source, emissions and energy prices. Future dislocations tric industry. Powerplants currently price. Only when the consumer has the could result from fossil fuel supply generate close to 40 percent of the na- ability to compare can we say we have interruptions or problems associated tionwide emissions of this pollutant, a a truly competitive market. with nuclear powerplants. History gas chiefly responsible for global In closing, I want to emphasize that teaches us that a policy of prudent en- warming and the creation of a green- any restructuring of the Nation’s elec- ergy diversification is a form of na- house effect. The resulting climate tric power industry must address the tional economic security that is well change has the potential to inflict dev- economic and the social aspects of the worth purchasing. astating damage on our environment issue. It is not an either/or choice. We Additionally, renewable energy for many years, well into the future. must do both. sources are good for our environment. Unlike other pollutants, carbon dioxide Mr. President, I ask unanimous con- sent that the text of the bill be printed Every megawatt of electricity gen- remains in the atmosphere for decades. erated by a wind turbine displaces an- in the RECORD. If we are to protect our children’s fu- There being no objection, the bill was other from a fossil fuel source and ture, we must act now. As you can see, ordered to be printed in the RECORD, as lessens the environmental impact of my bill, designed to bring the industry follows: the industry. back to the 1990 standard, requires a S. 687 Yet, the future of renewable energy significant 13 percent reduction by the is in doubt. I would like to direct your Be it enacted by the Senate and House of Rep- year 2005 and will double that by the resentatives of the United States of America in attention to this chart. Scientists tell year 2015. Congress assembled, us that, despite the obvious advantages This legislation would bring about a SECTION 1. SHORT TITLE. I have cited, the amount of electricity major reduction in nitrogen oxide This Act may be cited as the ‘‘Electric from renewable sources is projected to emissions. The electric power industry System Public Benefits Protection Act of remain stable at about 2 percent well is the single largest source of this pol- 1997’’. into the future. My legislation estab- lutant. Nitrogen oxide emissions are SEC. 2. FINDINGS. lishes a renewable portfolio standard particularly offensive to me as a Ver- Congress finds that— for all electric generation companies. (1) the generation of electricity is unique monter because of the extreme ozone in its combined influence on the Nation’s se- It begins with 2.5 percent in the year problem they present. There are days curity, environmental quality, and economic 2000 and slowly grows to 20 percent in now when, standing atop Mount Mans- efficiency; the year 2020. These are not arbitrary field, I can not make out the water (2) the generation and sale of electricity numbers. They are based on informa- tower on Mount Elmore, not even 20 has a direct and profound impact on inter- tion provided by the electric industry miles away. This is disgraceful, and it state commerce; and account for realistic constraints on is a problem faced in many areas across (3) the Federal Government and the States how fast these sources can develop. this Nation. have a joint responsibility for the mainte- nance of public purpose programs affected by This bill enables States to play an Nitrogen oxides are now blamed for the national electric system; active role in the development and significant health problems as well. (4) notwithstanding the public’s interest in fielding of alternative fuels tech- Scientists recently discovered that this and enthusiasm for programs that enhance nology. It recognizes the importance of pollutant may be responsible for in- the environment, encourage the efficient use fuel diversity, and it guarantees that creasing levels of cancer cases and of resources, and provide for affordable and renewable energy sources will play a breathing disorders. As depicted on universal service, the investments in those significant role in this diversification this chart, my legislation will mandate public purposes by existing means continues and in providing consumer choice in a 70 percent reduction in nitrogen to decline; (5) the Nation’s dependence on foreign the restructured industry. oxide emissions from power plants by sources of fossil fuels is contrary to our na- Mr. President, I am particularly con- the year 2005. tional security; alternative, sustainable en- cerned about what may be the single Cognizance of these environmental ergy sources must be pursued as the Nation greatest market failure of the electric problems cuts across party lines. A re- moves into the 21st century; power industry: the protection of our cent poll in the State of Texas shows (6) emissions from electric power generat- environment. The electric industry ac- that 7 out of 10 residents who define ing facilities are today the largest industrial counts for about 3 percent of the Na- themselves as very conservative favor source responsible for persistent public tion’s gross domestic product, yet it significantly stronger environmental health and environmental problems; and standards. In fact, in the nationwide (7) consumers have a right to certain infor- accounts for up to two-thirds of some mation in order to make objective choices on of the country’s deadliest pollutants. survey I spoke of earlier, 80 percent of their electric service providers. We have worked hard to reduce this the respondents agreed that we need to SEC. 3. DEFINITIONS. problem, and there is no doubt that act on the problem. In this Act: some success has been achieved. But it Mr. President, we need to fix the (1) ADMINISTRATOR.— The term ‘‘Adminis- is not enough. problems attributable to electric power trator’’ means the Administrator of the En- Electric powerplants emit 65 percent production. But as we move to a re- vironmental Protection Agency. of the Nation’s annual total of sulfur structured industry, we need to fix it (2) BOARD.—The term ‘‘Board’’ means the dioxide, an invisible gas that adversely in a fair, competitively neutral man- National Electric System Public Benefits Board established under section 4. affects our health and environment. ner. This bill does just that. Setting a (3) COMMISSION.—The term ‘‘Commission’’ Asthmatics are particularly vulnerable single, nationwide emissions standard means the Federal Energy Regulatory Com- to this pollutant. The leading cause of for all generators which use combus- mission. chronic illness in children, cases of this tion devices to produce electricity, it (4) FUND.—The term ‘‘Fund’’ means the Na- disease are climbing at a sharp rate says stop to some of the Nation’s dirti- tional Electric System Public Benefits Fund and are exacerbated by our deteriorat- est powerplants. It means we as Ameri- established by section 5. ing environment. cans will no longer tolerate the idea of (5) RENEWABLE ENERGY.—The term ‘‘renew- Sulfur dioxide also is the principal giving a free ride to those that can’t able energy’’ means electricity generated cause of acid rain. This chart illus- meet the standard. It levels the playing from wind, organic waste (excluding inciner- ated municipal solid waste), or biomass or a trates the fact that while the annual field so that all generators can com- geothermal, solar thermal, or photovoltaic emissions of sulfur dioxide are ex- pete in the market on an equal footing source. pected to come down slightly in future and with the same environmental re- (6) SECRETARY.—The term ‘‘Secretary’’ years, this decline is not sufficient. My sponsibilities as their competitors. means the Secretary of Energy. S3910 CONGRESSIONAL RECORD — SENATE May 1, 1997 SEC. 4. NATIONAL ELECTRIC SYSTEM PUBLIC instruct the manager of the Fund to distrib- ury, who shall submit the report to the BENEFITS BOARD. ute all amounts in the Fund to States to President and Congress not later than 180 (a) ESTABLISHMENT.—The Secretary shall fund public purpose programs under para- days after the close of the fiscal year. establish a National Electric System Public graph (1). (B) REQUIREMENTS.—An audit report Benefits Board to carry out the functions (B) FUND SHARE.— shall— and responsibilities described in this section. (i) IN GENERAL.—Subject to clause (iii), the (i) set forth the scope of the audit; and (b) MEMBERSHIP.—The Board shall be com- Fund share of a public purpose program (ii) include— posed of— funded under paragraph (1) shall be 50 per- (I) a statement of assets and liabilities, (1) 1 representative of the Commission ap- cent. capital; and surplus or deficit; pointed by the Commission; (ii) PROPORTIONATE REDUCTION.—To the ex- (II) a statement of surplus or deficit analy- (2) 2 representatives of the Secretary ap- tent that the amount of matching funds re- sis; pointed by the Secretary; quested by States exceeds the maximum pro- (III) a statement of income and expenses; (3) 2 persons nominated by the national or- jected revenues of the Fund, the matching (IV) any other information that may be ganization representing State regulatory funds distributed to the States shall be re- considered necessary to keep the President commissioners and appointed by the Sec- duced by an amount that is proportionate to and Congress informed of the operations and retary; each State’s annual consumption of elec- financial condition of the Fund; and (4) 1 person nominated by the national or- tricity compared to the Nation’s aggregate (V) any recommendations with respect to ganization representing State utility annual consumption of electricity. the Fund that the Secretary or the Commis- consumer advocates and appointed by the (iii) ADDITIONAL STATE FUNDING.—A State sion may have. Secretary; may apply funds to public purpose programs SEC. 6. RENEWABLE ENERGY PORTFOLIO STAND- (5) 1 person nominated by the national or- in addition to the amount of funds applied ARDS. ganization representing State energy offices for the purpose of matching the Fund share. (a) DEFINITION OF GENERATION FACILITY.— and appointed by the Secretary; (3) PROGRAM CRITERIA.—The Board shall In this section, the term ‘‘covered generation (6) 1 person nominated by the national or- recommend eligibility criteria for public facility’’ means a nonhydroelectric facility ganization representing energy assistance di- benefits programs funded under this section that generates electric energy for sale. rectors and appointed by the Secretary; and for approval by the Secretary. (b) REQUIRED RENEWABLE ENERGY.—Of the (7) 1 representative of the Environmental (4) APPLICATION.—Not later than August 1 total amount of electricity sold by covered Protection Agency appointed by the Admin- of each year beginning in 1999, a State seek- generation facilities during a calendar year, istrator. ing matching funds for the following year the amount generated by renewable energy (c) CHAIRPERSON.—The Secretary shall se- shall file with the Board, in such form as the sources shall be not less than— lect a member of the Board to serve as Chair- Board may require, an application— (1) 2.5 percent in 2000; person of the Board. (A) certifying that the funds will be used (2) 3.0 percent in 2001; (d) MANAGER.— for an eligible public purpose program; and (3) 3.5 percent in 2002; (1) APPOINTMENT.—The Board shall by con- (B) stating the amount of State funds ear- (4) 4.0 percent in 2003; tract appoint an electric systems public ben- marked for the program. (5) 4.5 percent in 2004; efits manager for a term of not more than 3 (c) WIRES CHARGE.— (6) 5.0 percent in 2005; years, which term may be renewed by the (1) DETERMINATION OF NEEDED FUNDING.— (7) 6.0 percent in 2006; Board. Not later than August 1 of each year, the (8) 7.0 percent in 2007; (2) COMPENSATION.—The compensation and Board shall determine and inform the Com- (9) 8.0 percent in 2008; other terms and conditions of employment of mission of the aggregate amount of wires (10) 9.0 percent in 2009; the manager shall be determined by a con- charges that it will be necessary to have paid (11) 10.0 percent in 2010; tract between the Board and the individual into the Fund to pay matching funds to (12) 11.0 percent in 2011; or the other entity appointed as manager. States and pay the operating costs of the (13) 12.0 percent in 2012; (3) FUNCTIONS.—The manager shall— Board in the following year. (14) 13.0 percent in 2013; (A) monitor the amounts in the Fund; (2) IMPOSITION OF WIRES CHARGE.— (15) 14.0 percent in 2014; (B) receive, review, and make rec- (A) IN GENERAL.—Not later than December (16) 15.0 percent in 2015; ommendations to the Board regarding appli- 15 of each year, the Commission shall impose (17) 16.0 percent in 2016; cations from States under section 5(b); and a nonbypassable, competitively neutral (18) 17.0 percent in 2017; (C) perform such other functions as the wires charge to be paid directly into the (19) 18.0 percent in 2018; Board may require to assist the Board in car- Fund by the operator of the wire on elec- (20) 19.0 percent in 2019; and rying out its duties under this Act. tricity carried through the wire, this elec- (21) 20.0 percent in 2020 and each year SEC. 5. NATIONAL ELECTRIC SYSTEM PUBLIC tricity to be measured as it exits the busbar thereafter. BENEFITS FUND. at a generation facility, and which impacts (c) RENEWABLE ENERGY CREDITS.— (a) ESTABLISHMENT.— on interstate commerce. (1) IDENTIFICATION OF ENERGY SOURCES.— (1) IN GENERAL.—The Board shall establish (B) AMOUNT.—The wires charge shall be set The Commission shall establish standards an account or accounts at 1 or more finan- at a rate equal to the lesser of— and procedures under which a covered gen- cial institutions, which account or accounts (i) 2 mills per kilowatt-hour; or eration facility shall certify to a purchaser shall be known as the ‘‘National Electric (ii) a rate that is estimated to result in the of electricity— System Public Benefits Fund’’, consisting of collection of an amount of wires charges (A) the amount of the electricity that is amounts deposited in the fund under sub- that is as nearly as possible equal to the generated by a renewable energy source; and section (c). amount of needed funding determined under (B) the amount of the electricity that is (2) STATUS OF FUND.—The wires charges paragraph (1). generated by a source other than a renew- collected under subsection (c) and deposited (3) DEPOSIT IN THE FUND.—The wires charge able energy source. in the Fund— shall be paid by the operator of the wire di- (2) ISSUANCE OF RENEWABLE ENERGY CRED- (A) shall constitute electric system reve- rectly into the Fund at the end of each ITS.—Not later than April 1 of each year, be- nues and shall not constitute funds of the month during the calendar year for distribu- ginning in the year 2001, the Commission United States; tion by the electric systems public benefits shall issue to a covered generation facility 1 (B) shall be held in trust by the manager of manager under section 4. renewable energy credit for each megawatt- the Fund solely for the purposes stated in (4) PENALTIES.—The Commission may as- hour of electricity sold by the covered gen- subsection (b); and sess against a wire operator that fails to pay eration facility in the preceding calendar (C) shall not be available to meet any obli- a wires charge as required by this subsection year that was generated by a renewable gations of the United States. a civil penalty in an amount equal to not source. (b) USE OF FUND.— more than the amount of the unpaid wires (3) SUBMISSION OF RENEWABLE ENERGY CRED- (1) FUNDING OF PUBLIC PURPOSE PRO- charge. ITS.—Not later than July 1 of each year, a GRAMS.—Amounts in the Fund shall be used (d) AUDITING.— covered generation facility shall submit by the Board to provide matching funds to (1) IN GENERAL.—The Fund shall be audited credits to the Commission in an amount States for the support of State public pur- annually by a firm of independent certified equal to the total number of megawatt-hours pose programs relating to— public accountants in accordance with gen- of electricity sold by the covered generation (A) renewable energy sources; erally accepted auditing standards. facility in the preceding year multiplied by (B) universal electric service; (2) ACCESS TO RECORDS.—Representatives of the applicable renewable energy source re- (C) affordable electric service; the Secretary and the Commission shall have quirement under subsection (a). (D) energy conservation and efficiency; or access to all books, accounts, reports, files, (4) USE OF RENEWABLE ENERGY CREDITS.— (E) research and development in areas de- and other records pertaining to the Fund as (A) TIME FOR USE.—A renewable energy scribed in subparagraphs (A) through (D). necessary to facilitate and verify the audit. credit shall be used for the calendar year for (2) DISTRIBUTION.— (3) REPORTS.— the renewable energy credit is issued. (A) IN GENERAL.—Except for amounts need- (A) IN GENERAL.—A report on each audit (B) PERMITTED USES.—Until July 1 of the ed to pay costs of the Board in carrying out shall be submitted to the Secretary, the year in which a renewable energy credit was its duties under this section, the Board shall Commission, and the Secretary of the Treas- issued, a covered generation facility may— May 1, 1997 CONGRESSIONAL RECORD — SENATE S3911

(i) use the renewable energy credit to make (2) LIMIT.—The nationwide emissions sions allocation as established under sub- a submission to the Commission under para- standard for calendar year 2005 and each year section (d) applicable to the covered genera- graph (3); or thereafter established under paragraph (1) tion facility for the year. (ii) on notice to the Commission, sell or shall be not greater than— (2) ISSUANCE OF EMISSIONS CREDITS.—Not otherwise transfer a renewable energy credit (A) for nitrogen oxide, 1,660,000 tons; later than April 1 of each year, the Adminis- to another covered generation facility. (B) for sulfur dioxide, 3,580,000 tons; and trator shall issue to a covered generation fa- (d) RECORDKEEPING.—The Commission shall (C) for carbon dioxide, 1,914,000,000 tons. cility 1 emissions credit for each ton by maintain records of all renewable energy (3) ADJUSTMENT.—The Administrator may which the amount of a pollutant emitted by credits issued and all credits sold or ex- adjust the schedule established under para- the covered generation facility during the changed. graph (1), within the limits established by preceding year was less than the individual (e) PENALTIES.—The Commission may paragraph (2), if the Administrator deter- emissions allocation as established under bring an action in United States district mines that an adjustment would be in the subsection (d) applicable to the covered gen- court to impose a civil penalty on any person best interests of the public health and wel- eration facility. that fails to comply with subsection (a). A fare. (3) SUBMISSION OF EMISSIONS CREDITS.— person that fails to comply with a require- (c) GENERATION PERFORMANCE STANDARD.— (A) IN GENERAL.—Not later than July 1 of ment to submit renewable energy credits (1) ANNUAL DETERMINATION.— each year, a covered generation facility that under subsection (b)(3) shall be subject to a (A) IN GENERAL.—Not later than October 1 emitted a greater amount of a pollutant civil penalty of not more than 3 times the es- of each year, the Administrator, in consulta- than the individual emissions allocation ap- timated national average market value (as tion with the Commission, shall determine determined by the Commission) for the cal- plicable to the covered generation facility the generation performance standard for ni- endar year concerned of that quantity of re- during the preceding year shall submit to trogen oxide, sulfur dioxide, and carbon diox- newable energy credits. the Administrator 1 emissions credit for ide emissions per megawatt-hour of electric (f) PUBLIC UTILITY REGULATORY POLICIES each ton by which the amount of the pollut- ACT OF 1978.— production by covered generation facilities ant emitted was greater than the individual (1) REPEAL OF COGENERATION AND SMALL for the next calendar year. emissions allocation as established under POWER PRODUCTION PROVISION.—Effective (B) METHOD.—The Administrator shall de- subsection (d). January 1, 2000, the Public Utility Regu- termine by regulation the method to be used (B) PENALTY.—A covered generation facil- latory Policies Act of 1978 is amended by in determining an estimate under subpara- ity that is required to submit an emissions striking section 210 (16 U.S.C. 824a–3). graph (A). credit under subparagraph (A) that fails to (2) EXISTING CONTRACTS.—The amendment (2) FORMULA.—The generation performance submit the emissions credit shall pay to the made by paragraph (1) shall not affect the standard shall be determined by dividing the Administrator a civil penalty in an amount continued validity and enforceability of con- annual nationwide emissions standard as es- equal to— tracts entered into under section 210 of the tablished under subsection (b) by the Admin- (i) $15,000 for each ton of nitrogen oxide Public Utility Regulatory Policies Act of istrator’s estimate of the nationwide mega- emissions in excess of the individual emis- 1978 before the date of enactment of this Act. watt-hour production for the next calendar sions allocation applicable to the facility (3) CONTINUED JURISDICTION.—Notwith- year by all covered generation facilities. under subsection (d) for which a nitrogen standing the amendment made by paragraph (d) INDIVIDUAL EMISSIONS ALLOCATION.— oxide emissions credit has not been submit- (1), the Commission shall retain jurisdiction The amount of each pollutant that a covered ted under subparagraph (A); to— generation facility shall be permitted to (ii) $2,500 for each ton of sulfur dioxide (A) ensure the continued status of qualify- emit during a calendar year shall be equal emissions in excess of the individual emis- ing small power production facilities under to— sions allocation applicable to the facility section 210 of the Public Utility Regulatory (1) the facility’s annual generation of under subsection (d) for which a sulfur diox- Policies Act of 1978 (16 U.S.C. 824a–3); and megawatt-hours of electricity multiplied by ide emissions credit has not been submitted (B) continue exemptions granted under the generation performance standard as es- under subparagraph (A); or subsection (e) of that section before the date tablished in subsection (c); plus (iii) $100 for each ton of carbon dioxide of enactment of this Act. (2) the facility’s annual generation of ther- emissions in excess of the individual emis- (g) POWERS.—The Commission may pro- mal energy used to meet heating and cooling sions allocation applicable to the facility mulgate such regulations, conduct such in- loads resulting from the cogeneration proc- under subsection (d) for which a carbon diox- vestigations, and take such other actions as ess, which shall be expressed by the Adminis- ide emissions credit has not been submitted are necessary or appropriate to implement trator in units of measurement that provide under subparagraph (A). and obtain compliance with this section and a reasonable comparison between energy (C) PENALTY ADJUSTMENT.—The Adminis- regulations promulgated under this section. generated in the form of electricity and en- trator shall annually adjust the penalty SEC. 7. EMISSIONS STANDARDS AND ALLOCA- ergy generated in the form of thermal energy specified in subparagraph (B) for inflation TIONS. and then multiplied by the generation per- based on the Consumer Price Index. (a) DEFINITIONS.—In this section: formance standard as established under sub- (4) USE OF EMISSIONS CREDITS.—A covered (1) COVERED GENERATION FACILITY.—The section (c). generation facility may— term ‘‘covered generation facility’’ means an (e) OZONE SEASON.—In determining the in- (A) retain an emissions credit from year to electric generation facility (other than a nu- dividual emissions allocation for a covered year for future submission to the Adminis- generation facility under subsection (d), the clear facility) with a nameplate capacity of trator under paragraph (3); or amount of nitrogen oxide emitted by covered 15 megawatts or greater that uses a combus- (B) on notice to the Administrator, sell or generation facility and the number of mega- tion device to generate electricity for sale. otherwise transfer an emissions credit to an- watt-hours of electricity generated by the (2) COGENERATION.—The term ‘‘cogenera- other person. tion’’ means a process of simultaneously covered generation facility during the period (h) POWERS.—The Administrator may pro- generating electricity and thermal energy in May 1 through September 30 of each year mulgate such regulations, conduct such in- which a portion of the energy value of fuel shall each be multiplied by 3. vestigations, and take such other actions as consumed is recovered as heat that is used to (f) MONITORING.— are necessary to appropriate to implement meet heating or cooling loads outside the (1) ESTABLISHMENT OF SYSTEM.—The Ad- and obtain compliance with this section and generation facility. ministrator shall establish a system for the regulations promulgated under this section. (3) POLLUTANT.—The term ‘‘pollutant’’ accurate monitoring of the amount of each means— pollutant that a covered generation facility SEC. 8. DISCLOSURE REQUIREMENTS. (A) nitrogen oxide; emits during a year. (a) DEFINITIONS.—In this section: (B) sulfur dioxide; (2) REQUIREMENTS.—The monitoring sys- (1) EMISSIONS DATA.—The term ‘‘emissions (C) carbon dioxide; tem under paragraph (1) shall require— data’’ means the type and amount of each (D) mercury; or (A) installation on each combustion device pollutant (as defined in section 7(a)) emitted (E) any other substance that the Adminis- of a continuous monitoring system for each by a generation facility in generating elec- trator may identify by regulation as a sub- pollutant; or tricity. stance the emission of which into the air (B) use of an alternative mechanism that (2) GENERATION DATA.—The term ‘‘genera- from a combustion device used in the genera- the Administrator determines will provide tion data’’ means the type of fuel (such as tion of electricity endangers public health or data with precision, reliability, accessibility, coal, oil, nuclear energy, or solar power) welfare. and timeliness that are equal to or greater used by a generation facility to generate (b) NATIONWIDE EMISSIONS STANDARDS.— than those that would be achieved by a con- electricity. (1) SCHEDULE.—Not later than July 1, 1999, tinuous emissions monitoring system. (b) DISCLOSURE SYSTEM.—The Secretary the Administrator shall promulgate a final (g) EMISSIONS CREDITS.— shall establish a system of disclosure that— regulation that establishes a schedule of lim- (1) COMPARISON OF ACTUAL COMBUSTION DE- (1) enables retail consumers to knowledge- its on the amount of each pollutant that all VICE OUTPUTS WITH INDIVIDUAL EMISSION ALLO- ably compare retail electric service offer- covered generation facilities in the aggre- CATIONS.—At the end of each year, the Ad- ings, including comparisons based on genera- gate nationwide shall be permitted to emit ministrator shall compare the amount of a tion source portfolios, emissions data, and in each calendar year beginning in calendar pollutant emitted by a generation facility price terms; and year 2000. during the year with the individual emis- (2) considers such factors as— S3912 CONGRESSIONAL RECORD — SENATE May 1, 1997 (A) cost of implementation; The scholarship could be used during cer based on the number of annual (B) confidentiality of information; and their freshman year at the college of deaths. While breast cancer primarily (C) flexibility. their choice, and the scholarship would afflicts women and prostate cancer is a (c) REGULATION.—Not later than March 1, 1999, the Secretary, in consultation with the not be used in determining eligibility disease of men, colorectal cancer Board, and with the assistance of a Federal for other financial aid. strikes both men and women of all interagency task force that includes rep- I strongly support merit scholarships races, resulting in the high number of resentatives of the Commission, the Federal for two reasons. First, we need to start patients and the corresponding high Trade Commission, the Food and Drug Ad- rewarding excellence in educational number of deaths. ministration, and the Environmental Protec- achievement. Under the leadership of This year alone, 140,000 Americans tion Agency, shall promulgate a regulation President Clinton, 4 years ago Congress will be diagnosed with colon cancer and prescribing— passed legislation that encourages 54,000 Americans will die from the dis- (1) the form, content, and frequency of dis- States to set high academic standards ease. In my own State of Louisiana, closure of emissions data and generation data of electricity by generation facilities to for their students. This proposal builds 2,200 new cases of colon cancer will be electricity wholesalers or retail companies on that idea by rewarding those stu- diagnosed this year and it will take the and by wholesalers to retail companies; dents who meet those high standards. lives of 920 people. Yet, as is the case (2) the form, content, and frequency of dis- Students who work hard and succeed with most cancers, colon cancer is pre- closure of emissions data, generation data, ought to be recognized and rewarded. ventable and curable if detected early. and the price of electricity by retail compa- Second, by providing scholarship The tragedy of colorectal cancer is nies to ultimate consumers; and moneys, this bill will help thousands of that physicians have proven means to (3) the form, content, and frequency of dis- students in paying for the costs of a detect colorectal cancer early but closure of emissions data, generation data, these tests must be made available to and the price of electricity by generation fa- college education, which, I might add, cilities selling directly to ultimate consum- is becoming more and more difficult people on a widespread basis. Death ers. for middle-class families. I realize that from this terrible disease can be re- (d) ACCESS TO RECORDS.—The Secretary $1,000 does not go a long way in paying duced significantly by early detection. shall have full access to the records of all for a public college education, not to We know polyps, the initial presen- generation facilities, electricity wholesalers, mention the costs of a private college. tation of early cancers, if detected and retail companies to obtain any informa- But, it will be of some help, and for early can be treated without major sur- tion necessary to administer and enforce this those who choose to go to a community gery while expensive, major surgery in section. (e) FAILURE TO DISCLOSE.—The failure of a college, it will pay for about two-thirds a hospital is the only successful treat- retail company to accurately disclose infor- of the cost. ment for more advanced cancers. mation as required by this section shall be Mr. President, I suspect that we will While many private health plans are treated as a deceptive act in commerce be debating higher education more starting to provide coverage for under section 5 of the Federal Trade Com- than once this year. There is much to colorectal cancer screening, Medicare— mission Act (15 U.S.C. 45). be done. We need to provide a tax de- which covers older Americans who are (f) REGULATIONS.—The Secretary may pro- duction for the costs of college. We most at risk—does not. The Colorectal mulgate such regulations, conduct such in- Cancer Screening Act of 1997 would vestigations, and take such other actions as should allow penalty-free withdrawals are necessary or appropriate to implement from Individual Retirement Accounts make colorectal cancer screening and obtain compliance with this section and to pay for college. We should make per- available to Medicare beneficiaries to regulations promulgated under this section. manent the employer-provided edu- improve the chance for early detection cation tax exclusion. We need to ex- and diagnosis. By Mr. BIDEN (by request): pand the Pell Grant Program. And, we The type and frequency of screening I S. 688. A bill to amend the Higher need to reauthorize the Higher Edu- suggest in my bill are compatible with Education Act of 1965 to authorize cation Act. the recommendations of several large Presidential Honors Scholarships to be In that process, however, let us not physician groups as well as the Amer- awarded to all students who graduate forget merit scholarships. It is not the ican Cancer Society. It covers all the in the top 5 percent of their secondary answer, but it is part of the answer. It procedures that are currently used school graduating class, to promote is a piece of the puzzle. And while some today but the type of screening process and recognize high academic achieve- would say that it is a small piece, it will depend on the patient’s risk fac- ment in secondary school, and for plays an important role in being the tors for colon cancer. Patients at high- other purposes; to the Committee on one piece that rewards those students er risk, for example someone whose Labor and Human Resources. who reach for excellence. parent had colon cancer, receive more THE PRESIDENTIAL HONORS SCHOLARSHIP ACT I look forward to working with my aggressive screening than someone OF 1997 colleagues and with President Clinton with a normal risk for colon cancer. ∑ Mr. BIDEN. Mr. President, I am in seeing that this proposal becomes Mr. President, this legislation is not pleased today to reintroduce President law.∑ procedure specific. Although several Clinton’s proposal, the Presidential screening tests for colorectal cancer Honors Scholarship Act of 1997. I first By Mr. BREAUX (for himself, Mr. are currently available, the best meth- introduced this bill on behalf of the ad- COCHRAN, Mr. CONRAD, Mr. DOR- od for early detection has not been de- ministration last September—and I GAN, Ms. MOSELEY-BRAUN, Mr. termined. Some tests are very simple have included a very similar proposal REID, Mr. ROCKEFELLER, Mr. and can be performed by any doctor. in my own comprehensive higher edu- DASCHLE, and Mr. ROBB): Others, such as barium enema and cation legislation, known as the Get S. 690. A bill to amend title XVIII of colonoscopy, are technically more dif- Ahead Act. I am honored to have the the Social Security Act to improve ficult and require special equipment opportunity to reintroduce this meas- preventive benefits under the Medicare and facilities. Some tests only evaluate ure for the President, who continues Program; to the Committee on Fi- part of the colon. his endless efforts at improving Amer- nance. My bill basically recognizes that we ican education and making sure that THE COLORECTAL CANCER SCREENING ACT OF need to start screening people right college is affordable to all Americans. 1997 away. The Congress should not prevent Most people are probably not famil- Mr. BREAUX. Mr. President, I rise seniors from getting screened because iar with Presidential Honors Scholar- today to introduce the Colorectal Can- there is disagreement over which pro- ships, but I think many people have cer Screening Act of 1997 with my col- cedures are best. That is a decision heard of the idea of merit scholarships. leagues Senators COCHRAN, CONRAD, best made by doctors, not the Con- It is pretty simple. Under the bill, all DORGAN, MOSELEY-BRAUN, REID, and gress. This bill would mandate that students in public and private schools ROCKEFELLER. seniors on Medicare have access to all who graduate in the top 5 percent of Let me share some tragic facts about the screening methods currently used their class would be designated as Pres- colorectal cancer. According to the by doctors. In 2 years, the Secretary of idential honors scholars and would re- American Cancer Society, colorectal Health and Human Services will report ceive a $1,000 scholarship to college. cancer is the second most deadly can- back to Congress on which tests are May 1, 1997 CONGRESSIONAL RECORD — SENATE S3913 the best and most cost-effective means (2) REVIEW OF COVERAGE OF COLORECTAL high risk for colorectal cancer if the proce- of detecting colon cancer. If it is deter- CANCER SCREENING TESTS.— dure is performed within the 23 months after mined that a procedure is being used (A) IN GENERAL.—Not later than 2 years a previous screening colonoscopy or screen- that is not effective, Medicare will no after the date of enactment of this Act (and ing barium enema. periodically thereafter), the Secretary of ‘‘(4) PAYMENT AMOUNTS FOR CERTAIN longer cover it. HHS will also study the Health and Human Services (in this para- COLORECTAL CANCER SCREENING TESTS.—The needs of African-Americans who are at graph referred to as the ‘‘Secretary’’) shall Secretary shall establish payment amounts high risk for colon cancer and have a review— under section 1848 with respect each higher mortality rate. It makes much (i) the standards of medical practice with colorectal cancer screening tests described more sense for the experts in colon regard to colorectal cancer screening tests in subparagraphs (B), (C), and (D) of section cancer, not the Congress, to determine (as defined in section 1861(oo) of the Social 1861(oo)(1) that are consistent with payment the best, most cost-effective screening Security Act (42 U.S.C. 1395x(oo))) (as added amounts under such section for similar or re- techniques all the while making this by paragraph (1) of this section); lated services, except that such payment (ii) the availability, effectiveness, costs, amount shall be established without regard important service available imme- and cost-effectiveness of colorectal cancer to section 1848(a)(2)(A). diately to Medicare beneficiaries. screening tests covered under the medicare ‘‘(5) REDUCTIONS IN PAYMENT LIMIT AND RE- This kind of preventive tool is criti- program under title XVIII of the Social Se- VISION OF FREQUENCY.— cal in our battle against colon cancer. curity Act (42 U.S.C. 1395 et seq.) at the time ‘‘(A) REDUCTIONS IN PAYMENT LIMIT FOR It will improve the quality of life for of such review; SCREENING FECAL-OCCULT BLOOD TESTS.—The Medicare beneficiaries and save Medi- (iii) the particular screening needs of ra- Secretary shall review from time to time the care money in the long run by reducing cial and ethnic minorities in the United appropriateness of the amount of the pay- the high costs of treating advanced States; and ment limit established for screening fecal- (iv) such other factors as the Secretary occult blood tests under paragraph (1)(A). colorectal cancer. considers appropriate with regard to the cov- The Secretary may, with respect to tests I encourage my colleagues to join me erage of colorectal cancer screening tests performed in a year after 2000, reduce the in supporting passage of this legisla- under the medicare program. amount of such limit as it applies nationally tion this Congress. I ask unanimous (B) DETERMINATION.—If the Secretary de- or in any area to the amount that the Sec- consent that a copy of the bill appear termines it appropriate based on the review retary estimates is required to assure that in the RECORD. conducted pursuant to subparagraph (A), the such tests of an appropriate quality are read- There being no objection, the bill was Secretary shall issue and publish a deter- ily and conveniently available during the ordered to be printed in the RECORD, as mination that one or more colorectal cancer year. follows: screening tests described in section 1861(oo) ‘‘(B) REVISION OF FREQUENCY.— of the Social Security Act (42 U.S.C. ‘‘(i) REVIEW.—The Secretary shall review S. 690 1395x(oo)) (as added by paragraph (1) of this periodically the appropriate frequency for Be it enacted by the Senate and House of Rep- section) shall no longer be covered under performing colorectal cancer screening tests resentatives of the United States of America in that section. based on age and such other factors as the Congress assembled, (b) FREQUENCY AND PAYMENT LIMITS.— Secretary believes to be pertinent. SECTION 1. SHORT TITLE. (1) IN GENERAL.—Section 1834 of the Social ‘‘(ii) REVISION OF FREQUENCY.—The Sec- This Act may be cited as the ‘‘Colorectal Security Act (42 U.S.C. 1395m) is amended by retary, taking into consideration the review Cancer Screening Act of 1997’’. inserting after subsection (c) the following: made under clause (i), may revise from time SEC. 2. MEDICARE COVERAGE OF COLORECTAL ‘‘(d) FREQUENCY AND PAYMENT LIMITS FOR to time the frequency with which such tests SCREENING SERVICES. COLORECTAL CANCER SCREENING TESTS.— may be paid for under this subsection, but no (a) COVERAGE.— ‘‘(1) SCREENING FECAL-OCCULT BLOOD such revision shall apply to tests performed (1) IN GENERAL.—Section 1861 of the Social TESTS.— before January 1, 2001. Security Act (42 U.S.C. 1395x) is amended— ‘‘(A) PAYMENT LIMIT.—In establishing fee ‘‘(6) LIMITING CHARGES OF NONPARTICIPAT- (A) in subsection (s)(2)— schedules under section 1833(h) with respect ING PHYSICIANS.— (i) by striking ‘‘and’’ at the end of subpara- to colorectal cancer screening tests consist- ‘‘(A) IN GENERAL.—In the case of a graphs (N) and (O); and ing of screening fecal-occult blood tests, ex- colorectal cancer screening test consisting of (ii) by inserting after subparagraph (O) the cept as provided by the Secretary under a screening flexible sigmoidoscopy or screen- following: paragraph (5)(A), the payment amount estab- ing barium enema, or a screening ‘‘(P) colorectal cancer screening tests (as lished for tests performed— colonoscopy or screening barium enema pro- defined in subsection (oo)); and’’; and ‘‘(i) in 1998 shall not exceed $5; and vided to an individual at high risk for (B) by adding at the end the following: ‘‘(ii) in a subsequent year, shall not exceed colorectal cancer for which payment may be ‘‘Colorectal Cancer Screening Tests the limit on the payment amount estab- made under this part, if a nonparticipating ‘‘(oo)(1) The term ‘colorectal cancer lished under this subsection for such tests physician provides the procedure to an indi- screening test’ means, unless determined for the preceding year, adjusted by the appli- vidual enrolled under this part, the physi- otherwise pursuant to section 2(a)(2) of the cable adjustment under section 1833(h) for cian may not charge the individual more Colorectal Cancer Screening Act of 1997, any tests performed in such year. than the limiting charge (as defined in sec- of the following procedures furnished to an ‘‘(B) FREQUENCY LIMIT.—Subject to revision tion 1848(g)(2)). individual for the purpose of early detection by the Secretary under paragraph (5)(B), no ‘‘(B) ENFORCEMENT.—If a physician or sup- of colorectal cancer: payment may be made under this part for plier knowingly and willfully imposes a ‘‘(A) Screening fecal-occult blood test. colorectal cancer screening test consisting of charge in violation of subparagraph (A), the ‘‘(B) Screening flexible sigmoidoscopy. a screening fecal-occult blood test— Secretary may apply sanctions against such ‘‘(C) Screening barium enema. ‘‘(i) if the individual is under 50 years of physician or supplier in accordance with sec- ‘‘(D) In the case of an individual at high age; or tion 1842(j)(2).’’. risk for colorectal cancer, screening ‘‘(ii) if the test is performed within the 11 (c) CONFORMING AMENDMENTS.— colonoscopy or screening barium enema. months after a previous screening fecal-oc- (1) Paragraphs (1)(D) and (2)(D) of section ‘‘(E) For years beginning after 2002, such cult blood test. 1833(a) of the Social Security Act (42 U.S.C. other procedures as the Secretary finds ap- ‘‘(2) SCREENING FOR INDIVIDUALS NOT AT 1395l(a)) are each amended by inserting ‘‘or propriate for the purpose of early detection HIGH RISK.—Subject to revision by the Sec- section 1834(d)(1)’’ after ‘‘subsection (h)(1)’’. of colorectal cancer, taking into account retary under paragraph (5)(B), no payment (2) Section 1833(h)(1)(A) of the Social Secu- changes in technology and standards of med- may be made under this part for a colorectal rity Act (42 U.S.C. 1395l(h)(1)(A)) is amended ical practice, availability, effectiveness, cancer screening test consisting of a screen- by striking ‘‘The Secretary’’ and inserting costs, the particular screening needs of ra- ing flexible sigmoidoscopy or screening bar- ‘‘Subject to paragraphs (1) and (5)(A) of sec- cial and ethnic minorities in the United ium enema— tion 1834(d), the Secretary’’. States and such other factors as the Sec- ‘‘(i) if the individual is under 50 years of (3) Clauses (i) and (ii) of section retary considers appropriate. age; or 1848(a)(2)(A) of the Social Security Act (42 ‘‘(2) In paragraph (1)(D), an ‘individual at ‘‘(ii) if the procedure is performed within U.S.C. 1395w–4(a)(2)(A)) are each amended by high risk for colorectal cancer’ is an individ- the 47 months after a previous screening inserting after ‘‘a service’’ the following: ual who, because of family history, prior ex- flexible sigmoidoscopy or screening barium ‘‘(other than a colorectal cancer screening perience of cancer or precursor neoplastic enema. test consisting of a screening colonoscopy or polyps, a history of chronic digestive disease ‘‘(3) SCREENING FOR INDIVIDUALS AT HIGH screening barium enema provided to an indi- condition (including inflammatory bowel RISK FOR COLORECTAL CANCER.—Subject to re- vidual at high risk for colorectal cancer or a disease, Crohn’s Disease, or ulcerative coli- vision by the Secretary under paragraph screening flexible sigmoidoscopy or screen- tis), the presence of any appropriate recog- (5)(B), no payment may be made under this ing barium enema)’’. nized gene markers for colorectal cancer, or part for a colorectal cancer screening test (4) Section 1862(a) of the Social Security other predisposing factors, faces a high risk consisting of a screening colonoscopy or Act (42 U.S.C. 1395y(a)) is amended— for colorectal cancer.’’. screening barium enema for individuals at (A) in paragraph (1)— S3914 CONGRESSIONAL RECORD — SENATE May 1, 1997

(i) in subparagraph (E), by striking ‘‘and’’ S. 394 Strike all after the enacting clause and in- at the end; At the request of Mr. HATCH, the sert the following: (ii) in subparagraph (F), by striking the names of the Senator from Virginia SECTION 1. SHORT TITLE. semicolon at the end and inserting ‘‘, and’’; [Mr. ROBB], and the Senator from This Act may be cited as the ‘‘Volunteer and Protection Act of 1997’’. (iii) by adding at the end the following: Texas [Mrs. HUTCHISON] were added as cosponsors of S. 394, a bill to partially SEC. 2. FINDINGS AND PURPOSE. ‘‘(G) in the case of colorectal cancer The Congress finds and declares that— screening tests, which are performed more restore compensation levels to their (1) the willingness of volunteers to offer frequently than is covered under section past equivalent in terms of real income their services is deterred by the potential for 1834(d);’’; and and establish the procedure for adjust- liability actions against them; (B) in paragraph (7), by striking ‘‘para- ing future compensation of justices and (2) as a result, many nonprofit public and graph (1)(B) or under paragraph (1)(F)’’ and judges of the United States. private organizations and governmental en- inserting ‘‘subparagraph (B), (F), or (G) of S. 609 tities, including voluntary associations, so- paragraph (1)’’. cial service agencies, educational institu- SEC. 3. EFFECTIVE DATE. At the request of Mr. KENNEDY, the tions, and other civic programs, have been The amendments made by section 2 shall name of the Senator from New Jersey adversely affected by the withdrawal of vol- apply to items and services furnished on or [Mr. TORRICELLI] was added as a co- unteers from boards of directors and service after January 1, 1998. sponsor of S. 609, a bill to amend the in other capacities; f Public Health Service Act and Em- (3) the contribution of these programs to their communities is thereby diminished, re- ADDITIONAL COSPONSORS ployee Retirement Income Security Act of 1974 to require that group and sulting in fewer and higher cost programs S. 65 individual health insurance coverage than would be obtainable if volunteers were participating; At the request of Mr. HATCH, the and group health plans provide cov- name of the Senator from Montana (4) because Federal funds are expended on erage for reconstructive breast surgery useful and cost-effective social service pro- [Mr. BURNS] was added as a cosponsor if they provide coverage for grams, many of which are national in scope, of S. 65, a bill to amend the Internal mastectomies. depend heavily on volunteer participation, Revenue Code of 1986 to ensure that S. 627 and represent some of the most successful members of tax-exempt organizations public-private partnerships, protection of At the request of Mr. JEFFORDS, the are notified of the portion of their dues volunteerism through clarification and limi- name of the Senator from New York used for political and lobbying activi- tation of the personal liability risks assumed [Mr. D’AMATO] was added as a cospon- ties, and for other purposes. by the volunteer in connection with such sor of S. 627, a bill to reauthorize the participation is an appropriate subject for S. 293 African Elephant Conservation Act. Federal legislation; At the request of Mr. HATCH, the SENATE JOINT RESOLUTION 25 (5) services and goods provided by volun- name of the Senator from Illinois [Ms. teers and nonprofit organizations would At the request of Mr. COCHRAN, the MOSELEY-BRAUN] was added as a co- often otherwise be provided by private enti- sponsor of S. 293, a bill to amend the name of the Senator from Delaware ties that operate in interstate commerce; Internal Revenue Code of 1986 to make [Mr. ROTH] was added as a cosponsor of (6) due to high liability costs and unwar- permanent the credit for clinical test- Senate Joint Resolution 25, a joint res- ranted litigation costs, volunteers and non- ing expenses for certain drugs for rare olution disapproving the rule of the Oc- profit organizations face higher costs in pur- chasing insurance, through interstate insur- diseases or conditions. cupational Safety and Health Adminis- tration relating to occupational expo- ance markets, to cover their activities; and S. 356 sure to methylene chloride. (7) clarifying and limiting the liability risk At the request of Mr. GRAHAM, the assumed by volunteers is an appropriate sub- names of the Senator from Hawaii [Mr. SENATE RESOLUTION 19 ject for Federal legislation because— INOUYE] and the Senator from Massa- At the request of Mr. MOYNIHAN, the (A) of the national scope of the problems chusetts [Mr. KERRY] were added as co- name of the Senator from Iowa [Mr. created by the legitimate fears of volunteers sponsors of S. 356, a bill to amend the GRASSLEY] was added as a cosponsor of about frivolous, arbitrary, or capricious law- Senate Resolution 19, a resolution ex- suits; Internal Revenue Code of 1986, the Pub- (B) the citizens of the United States de- lic Health Service Act, the Employee pressing the sense of the Senate re- garding United States opposition to pend on, and the Federal Government ex- Retirement Income Security Act of pends funds on, and provides tax exemptions 1974, the title XVIII and XIX of the So- the prison sentence of Tibetan and other consideration to, numerous social cial Security Act to assure access to ethnomusicologist Ngawang Choephel programs that depend on the services of vol- emergency medical services under by the Government of the People’s Re- unteers; group health plans, health insurance public of China. (C) it is in the interest of the Federal Gov- coverage, and the medicare and medic- SENATE RESOLUTION 79 ernment to encourage the continued oper- ation of volunteer service organizations and At the request of Mr. KEMPTHORNE, aid programs. contributions of volunteers because the Fed- S. 377 the names of the Senator from Nevada eral Government lacks the capacity to carry At the request of Mr. BURNS, the [Mr. REID] and the Senator from Lou- out all of the services provided by such orga- name of the Senator from Oregon [Mr. isiana [Mr. BREAUX] were added as co- nizations and volunteers; and SMITH] was added as a cosponsor of S. sponsors of Senate Resolution 79, a res- (D)(i) liability reform for volunteers will 377, a bill to promote electronic com- olution to commemorate the 1997 Na- promote the free flow of goods and services, merce by facilitating the use of strong tional Peace Officers Memorial Day. lessen burdens on interstate commerce and f uphold constitutionally protected due proc- encryption, and for other purposes. ess rights; and S. 385 AMENDMENTS SUBMITTED (ii) therefore, liability reform is an appro- At the request of Mr. CONRAD, the priate use of the powers contained in article name of the Senator from West Vir- 1, section 8, clause 3 of the United States ginia [Mr. ROCKEFELLER] was added as THE VOLUNTEER PROTECTION ACT Constitution, and the fourteenth amendment a cosponsor of S. 385, a bill to provide OF 1997 to the United States Constitution. reimbursement under the medicare (b) PURPOSE.—The purpose of this Act is to promote the interests of social service pro- program for telehealth services, and for COVERDELL (AND OTHERS) gram beneficiaries and taxpayers and to sus- other purposes. tain the availability of programs, nonprofit S. 389 AMENDMENT NO. 53 organizations, and governmental entities At the request of Mr. ABRAHAM, the Mr. COVERDELL (for himself, Mr. that depend on volunteer contributions by names of the Senator from Minnesota LEAHY, Mr. ASHCROFT, Mr. MCCONNELL, reforming the laws to provide certain protec- [Mr. GRAMS] and the Senator from Mr. ABRAHAM, and Mr. SANTORUM) pro- tions from liability abuses related to volun- teers serving nonprofit organizations and Florida [Mr. MACK] were added as co- posed an amendment to the bill (S. 543) governmental entities. sponsors of S. 389, a bill to improve to provide certain protections to volun- SEC. 3. PREEMPTION AND ELECTION OF STATE congressional deliberation on proposed teers, nonprofit organizations, and gov- NONAPPLICABILITY. Federal private sector mandates, and ernmental entities in lawsuits based on (a) PREEMPTION.—This Act preempts the for other purposes. the activities of volunteers; as follows: laws of any State to the extent that such May 1, 1997 CONGRESSIONAL RECORD — SENATE S3915 laws are inconsistent with this Act, except dividuals who suffer harm as a result of ac- SEC. 6. DEFINITIONS. that this Act shall not preempt any State tions taken by a volunteer on behalf of the For purposes of this Act: law that provides additional protection from organization or entity. A financially secure (1) ECONOMIC LOSS.—The term ‘‘economic liability relating to volunteers or to any cat- source of recovery may be an insurance pol- loss’’ means any pecuniary loss resulting egory of volunteers in the performance of icy within specified limits, comparable cov- from harm (including the loss of earnings or services for a nonprofit organization or gov- erage from a risk pooling mechanism, equiv- other benefits related to employment, medi- ernmental entity. alent assets, or alternative arrangements cal expense loss, replacement services loss, (b) ELECTION OF STATE REGARDING NON- that satisfy the State that the organization loss due to death, burial costs, and loss of APPLICABILITY.—This Act shall not apply to or entity will be able to pay for losses up to business or employment opportunities) to any civil action in a State court against a a specified amount. Separate standards for the extent recovery for such loss is allowed volunteer in which all parties are citizens of different types of liability exposure may be under applicable State law. the State if such State enacts a statute in specified. (2) HARM.—The term ‘‘harm’’ includes accordance with State requirements for en- (e) LIMITATION ON PUNITIVE DAMAGES physical, nonphysical, economic, and non- acting legislation— BASED ON THE ACTIONS OF VOLUNTEERS.— economic losses. (1) citing the authority of this subsection; (1) GENERAL RULE.—Punitive damages may (3) NONECONOMIC LOSSES.—The term ‘‘non- (2) declaring the election of such State not be awarded against a volunteer in an ac- economic losses’’ means losses for physical that this Act shall not apply, as of a date tion brought for harm based on the action of and emotional pain, suffering, inconven- certain, to such civil action in the State; and a volunteer acting within the scope of the ience, physical impairment, mental anguish, (3) containing no other provisions. volunteer’s responsibilities to a nonprofit or- disfigurement, loss of enjoyment of life, loss SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- ganization or governmental entity unless the of society and companionship, loss of consor- TEERS. claimant establishes by clear and convincing tium (other than loss of domestic service), (a) LIABILITY PROTECTION FOR VOLUN- evidence that the harm was proximately hedonic damages, injury to reputation and TEERS.—Except as provided in subsections (b) caused by an action of such volunteer which all other nonpecuniary losses of any kind or and (d), no volunteer of a nonprofit organiza- constitutes willful or criminal misconduct, nature. tion or governmental entity shall be liable or a conscious, flagrant indifference to the (4) NONPROFIT ORGANIZATION.—The term for harm caused by an act or omission of the rights or safety of the individual harmed. ‘‘nonprofit organization’’ means— volunteer on behalf of the organization or (A) any organization described in section (2) CONSTRUCTION.—Paragraph (1) does not entity if— create a cause of action for punitive damages 501(c)(3) of the Internal Revenue Code of 1986 (1) the volunteer was acting within the and does not preempt or supersede any Fed- and exempt from tax under section 501(a) of scope of the volunteer’s responsibilities in eral or State law to the extent that such law such Code; or the nonprofit organization or governmental would further limit the award of punitive (B) any not-for-profit organization orga- entity at the time of the act or omission; damages. nized and conducted for public benefit and (2) if appropriate or required, the volunteer operated primarily for charitable, civic, edu- (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- was properly licensed, certified, or author- cational, religious, welfare, or health pur- ITY.— ized by the appropriate authorities for the poses. (1) IN GENERAL.—The limitations on the li- activities or practice in the State in which ability of a volunteer under this Act shall (5) STATE.—The term ‘‘State’’ means each the harm occurred, where the activities were not apply to any misconduct that— of the several States, the District of Colum- or practice was undertaken within the scope (A) constitutes a crime of violence (as that bia, the Commonwealth of Puerto Rico, the of the volunteer’s responsibilities in the non- term is defined in section 16 of title 18, Unit- Virgin Islands, Guam, American Samoa, the profit organization or governmental entity; ed States Code) or act of international ter- Northern Mariana Islands, any other terri- (3) the harm was not caused by willful or rorism (as that term is defined in section tory or possession of the United States, or criminal misconduct, gross negligence, reck- 2331 of title 18) for which the defendant has any political subdivision of any such State, less misconduct, or a conscious, flagrant in- been convicted in any court; territory, or possession. difference to the rights or safety of the indi- (B) constitutes a hate crime (as that term (6) VOLUNTEER.—The term ‘‘volunteer’’ vidual harmed by the volunteer; and is used in the Hate Crime Statistics Act (28 means an individual performing services for (4) the harm was not caused by the volun- U.S.C. 534 note)); a nonprofit organization or a governmental teer operating a motor vehicle, vessel, air- (C) involves a sexual offense, as defined by entity who does not receive— craft, or other vehicle for which the State re- applicable State law, for which the defend- (A) compensation (other than reasonable quires the operator or the owner of the vehi- ant has been convicted in any court; reimbursement or allowance for expenses ac- cle, craft, or vessel to— (D) involves misconduct for which the de- tually incurred); or (A) possess an operator’s license; or fendant has been found to have violated a (B) any other thing of value in lieu of com- (B) maintain insurance. Federal or State civil rights law; or pensation, (b) CONCERNING RESPONSIBILITY OF VOLUN- (E) where the defendant was under the in- in excess of $500 per year, and such term in- TEERS TO ORGANIZATIONS AND ENTITIES.— fluence (as determined pursuant to applica- cludes a volunteer serving as a director, offi- Nothing in this section shall be construed to ble State law) of intoxicating alcohol or any cer, trustee, or direct service volunteer. affect any civil action brought by any non- drug at the time of the misconduct. SEC. 7. EFFECTIVE DATE. profit organization or any governmental en- (2) RULE OF CONSTRUCTION.—Nothing in this (a) IN GENERAL.—This Act shall take effect tity against any volunteer of such organiza- subsection shall be construed to effect sub- 90 days after the date of enactment of this tion or entity. Act. (c) NO EFFECT ON LIABILITY OF ORGANIZA- section (a)(3) or (e). (b) APPLICATION.—This Act applies to any SEC. 5. LIABILITY FOR NONECONOMIC LOSS. TION OR ENTITY.—Nothing in this section claim for harm caused by an act or omission (a) GENERAL RULE.—In any civil action shall be construed to affect the liability of of a volunteer where that claim is filed on or any nonprofit organization or governmental against a volunteer, based on an action of a after the effective date of this Act, without entity with respect to harm caused to any volunteer acting within the scope of the vol- regard to whether the harm that is the sub- person. unteer’s responsibilities to a nonprofit orga- ject of the claim or the conduct that caused (d) EXCEPTIONS TO VOLUNTEER LIABILITY nization or governmental entity, the liabil- the harm occurred before such effective date. PROTECTION.—If the laws of a State limit vol- ity of the volunteer for noneconomic loss f unteer liability subject to one or more of the shall be determined in accordance with sub- following conditions, such conditions shall section (b). NOTICES OF HEARINGS not be construed as inconsistent with this (b) AMOUNT OF LIABILITY.— COMMITTEE ON ENERGY AND NATURAL section: (1) IN GENERAL.—Each defendant who is a (1) A State law that requires a nonprofit volunteer shall be liable only for the amount RESOURCES organization or governmental entity to ad- of noneconomic loss allocated to that de- Mr. MURKOWSKI. Mr. President, I here to risk management procedures, includ- fendant in direct proportion to the percent- would like to announce for the benefit ing mandatory training of volunteers. age of responsibility of that defendant (de- of Members and the public that the (2) A State law that makes the organiza- termined in accordance with paragraph (2)) time that the Committee on Energy tion or entity liable for the acts or omissions for the harm to the claimant with respect to and Natural Resources has scheduled of its volunteers to the same extent as an which that defendant is liable. The court for a hearing to receive testimony on employer is liable for the acts or omissions shall render a separate judgment against S. 430, the New Mexico Statehood and of its employees. each defendant in an amount determined Enabling Act Amendments of 1997 has (3) A State law that makes a limitation of pursuant to the preceding sentence. been changed. liability inapplicable if the civil action was (2) PERCENTAGE OF RESPONSIBILITY.—For brought by an officer of a State or local gov- purposes of determining the amount of non- The hearing will now take place on ernment pursuant to State or local law. economic loss allocated to a defendant who Monday, May 5, 1997, at 10:30 a.m. in (4) A State law that makes a limitation of is a volunteer under this section, the trier of room SD–366 of the Dirksen Senate Of- liability applicable only if the nonprofit or- fact shall determine the percentage of re- fice Building. ganization or governmental entity provides a sponsibility of that defendant for the claim- Those wishing to testify or submit financially secure source of recovery for in- ant’s harm. written statements for the record S3916 CONGRESSIONAL RECORD — SENATE May 1, 1997 should contact James Beirne, senior The PRESIDING OFFICER. Without committee on Immigration, of the counsel to the committee or Betty objection, it is so ordered. Committee on the Judiciary be author- Nevitt, staff assistant, or write the COMMITTEE ON FOREIGN RELATIONS ized to meet during the session of the Committee on Energy and Natural Re- Mr. COVERDELL. Mr. President, I Senate on Thursday, May 1, 1997, at sources, U.S. Senate, Washington, DC ask unanimous consent that the Com- 11:30 a.m. to hold a hearing on ‘‘Immi- 20510. mittee on Foreign Relations be author- gration and Naturalization Service COMMITTEE ON RULES AND ADMINISTRATION ized to meet during the session of the Oversight: The Criminal Record Ver- Mr. WARNER. Mr. President, I wish Senate on Thursday, May 1, 1997, at 2 ification Process for Citizenship Appli- to announce that the Committee on p.m. to hold a hearing. cants.’’ Rules and Administration will meet in The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without SR–301, Russell Senate Office Building, objection, it is so ordered. objection, it is so ordered. on Thursday, May 8, 1997, at 9:30 a.m. COMMITTEE ON GOVERNMENTAL AFFAIRS SUBCOMMITTEE ON NEAR EASTERN AND SOUTH to consider revisions to Title 44/GPO. Mr. COVERDELL. Mr. President, I ASIAN AFFAIRS For further information concerning ask unanimous consent on behalf of the Mr. COVERDELL. Mr. President, I this hearing, please contact Eric Peter- Governmental Affairs Committee to ask unanimous consent that the Sub- son. meet on Thursday, May 1, at 10 a.m. for committee on Near Eastern and South COMMITTEE ON ENERGY AND NATURAL a hearing on DOD at risk. Asian Affairs of the Committee on For- RESOURCES The PRESIDING OFFICER. Without eign Relations be authorized to meet Mr. MURKOWSKI. Mr. President, I objection, it is so ordered. during the session of the Senate on would like to announce for the public COMMITTEE ON GOVERNMENTAL AFFAIRS Thursday, May 1, 1997, at 10 a.m. to that a hearing has been scheduled be- Mr. COVERDELL. Mr. President, I hold a hearing. fore the full Committee on Energy and ask unanimous consent on behalf of the The PRESIDING OFFICER. Without Natural Resources to receive testi- Governmental Affairs Subcommittee objection, it is so ordered. mony regarding S. 417, a bill to extend on International Security, Prolifera- SUBCOMMITTEE ON READINESS energy conservation programs under tion, and Federal Services to meet on Mr. COVERDELL. Mr. President, I the Energy Policy and Conservation Thursday, May 1, 1997 at 2 p.m. for a ask unanimous consent that the Sub- Act through September 30, 2002, S. 416, hearing on ‘‘National Missile Defense committee on Readiness of the Com- a bill to amend the Energy Policy and and the ABM Treaty’’. mittee on Armed Services be author- Conservation Act to extend the expira- The PRESIDING OFFICER. Without ized to meet at 10 a.m. on Thursday, tion dates of existing authorities and objection, it is so ordered. May 1, 1997, in open session, to receive enhance U.S. participation in the en- COMMITTEE ON THE JUDICIARY testimony on Department of Defense ergy emergency program of the Inter- Mr. COVERDELL. Mr. President, I depot maintenance privatization ini- national Energy Agency, S. 186, a bill ask unanimous consent that the Com- tiatives in review of S. 450, the Na- to amend the Energy Policy and Con- mittee on the Judiciary, be authorized tional Defense Authorization Act for servation Act with respect to pur- to hold an executive business meeting Fiscal Years 1998 and 1999. chases from the Strategic Petroleum during the session of the Senate on The PRESIDING OFFICER. Without Reserve by entities in the insular areas Thursday, May 1, 1997, at 10 a.m. objection, it is so ordered. The PRESIDING OFFICER. Without of the United States, and for other pur- f poses, and the energy security of the objection, it is so ordered. United States of America. COMMITTEE ON LABOR AND HUMAN RESOURCES ADDITIONAL STATEMENTS The hearing will take place on Tues- Mr. COVERDELL. Mr. President, I day, May 13, 1997, at 9:30 a.m., in room ask unanimous consent that the Com- TRIBUTE TO MIDDLEBURY SD–366 of the Dirksen Senate Office mittee on Labor and Human Resources COLLEGE Building in Washington, DC. be authorized to meet for a Public For further information, please call Health and Safety Subcommittee hear- ∑ Mr. JEFFORDS. Mr. President, I rise Karen Hunsicker, counsel or Betty ing on ‘‘Biomedical Research prior- today to pay tribute to Middlebury Nevitt, staff assistant. ities: Who Should Decide?’’ during the College and its student production of f session of the Senate on Thursday, ‘‘The Last Supper Restoration.’’ This May 1, 1997, at 9:30 a.m. group of fine arts students will be one AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without of eight participating in this year’s MEET objection, it is so ordered. American College Theater Festival at COMMITTEE ON COMMERCE, SCIENCE, AND SELECT COMMITTEE ON INTELLIGENCE the John F. Kennedy Center for Per- TRANSPORTATION Mr. COVERDELL. Mr. President, I forming Arts from April 14 to April 22, Mr. COVERDELL. Mr. President, I ask unanimous consent that the Select 1997. The production was chosen from ask unanimous consent that the Sen- Committee on Intelligence be author- among 900 presented on campuses ate Committee on Commerce, Science, ized to meet during the session of the throughout the United States in 1996. and Transportation be authorized to Senate on Thursday, May 1, 1997, at 2 The student playwright, Michael meet on Thursday, May 1, 1997, at 9:30 p.m. to hold a closed hearing on intel- Kanin, was presented with the National a.m. on pending committee business. ligence matters. Student Playwriting Award and has The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without been recognized for his tremendous ef- objection, it is so ordered. objection, it is so ordered. forts by the Association for Theatre in COMMITTEE ON ENERGY AND NATURAL SUBCOMMITTEE ON FINANCIAL INSTITUTIONS Higher Education. The students’ work RESOURCES AND REGULATORY RELIEF is in the finest tradition of Vermont Mr. COVERDELL. Mr. President, I Mr. COVERDELL. Mr. President, I and truly represent the creative spirit ask unanimous consent that the Com- ask unanimous consent that the Sub- of our Green Mountain State. mittee on Energy and Natural Re- committee on Financial Institutions This accomplishment is testimony to sources be granted permission to meet and Regulatory Relief of the Commit- the outstanding education and diverse during the session of the Senate on tee on Banking, Housing, and Urban opportunities provided by a true center Thursday, May 1, for purposes of con- Affairs be authorized to meet during of excellence, Middlebury College. Once ducting a hearing before the Sub- the session of the Senate on Thursday, again, I would like to extend my best committee on National Parks, Historic May 1, 1997, to conduct an oversight wishes and congratulations to the Preservation, & Recreation which is hearing on the Office of the Comptrol- Middlebury College thespians.∑ scheduled to begin at 2 p.m. The pur- ler of the Currency. f pose of this hearing is to consider S. The PRESIDING OFFICER. Without 357, a bill to authorize the Bureau of objection, it is so ordered. TRIBUTE TO ELIZABETH Land Management to manage the SUBCOMMITTEE ON IMMIGRATION O’DONNELL Grand Staircase-Escalante National Mr. COVERDELL. Mr. President, I ∑ Mr. MOYNIHAN. Mr. President, I rise Monument. ask unanimous consent that the Sub- today to pay tribute to a very special May 1, 1997 CONGRESSIONAL RECORD — SENATE S3917 American, Ms. Elizabeth O’Donnell of I commend the article to my col- towns and small-town values have long been Kenmore, NY. I am proud to announce leagues and ask that it be printed in an important part of our history. The spirit that Ms. O’Donnell is one of three win- the RECORD. of unity, dedication to purpose and pride in ners of the 1996 HEROES Awards from The article follows: performing well that are so fundamental to these communities have also been indispen- the Sporting Goods Manufacturers As- [From Sky, February 1997] sable to our company’s success. This link, sociation. This honor is given each REBUILDING EVERY BURNED BLACK CHURCH together with the premium we place on cor- year to three individuals who make LED BY CEO JOHN T. DILLON, INTERNATIONAL porate citizenship, requires that Inter- outstanding and unique humanitarian PAPER HAS GONE INTO ‘‘THE BLESSING BUSI- national Paper respond in this time of need.’’ contributions to local sports programs NESS’’ The Rev. Albert Pennybacker, who is over- throughout the United States. (By Timothy Harper) seeing the church reconstruction program In 1976, Elizabeth O’Donnell aban- for the National Council of Churches, says On Thanksgiving Day 1994, an arsonist ap- 124 churches were damaged by burnings. doned her lifelong dream of profes- parently torched the Friendship Missionary Some were rebuilt before the offer from sional ice skating to find a more fulfill- Baptist Church in Proctor, Arkansas. It was International Paper, but he and Inter- ing challenge. It was at that time that one of the first in a series of deliberately set national Paper officials estimate that ‘‘sev- Ms. O’Donnell left the Ice Capades to fires that spread through predominantly eral dozen’’ churches ultimately will receive teach blind and handicapped people of black churches across the South. Many free wood and building materials. Americans, of every color, were appalled. ‘‘This is a really remarkable gesture by all ages to ice skate. Motivated by her Not just about race and religion, these were love of the sport and desire to share International Paper, a remarkable commit- attacks on the ideals of equality and freedom ment,’’ Pennybacker says. ‘‘We were over- the freedom of movement, as well as in America. Our concept of what constitutes whelmed by [their] generosity.’’ Beyond the physical and psychological benefits a civilized society was being violated. making the wood and materials available, he which accompany skating, Ms. In subsequent months, dozens more black says, International Paper has made an ex- O’Donnell founded the Skating Asso- churches were burned, and by the late spring traordinary, perhaps unprecedented, promise ciation for the Blind and Handicapped and early summer of 1996, the incidents had to make deliveries right to the churches. [SABAH]. become a compelling national story. The FBI That is no small or easily fulfilled promise. began investigating. The National Council of Since many of the burned churches are in In her 20 years as coach, adminis- Churches established the Burned Churches trator, and president of SABAH, Ms. isolated areas, down country lanes or out in Fund. Churches, companies and individuals the middle of farm fields, on land no one else O’Donnell has taught more than 8,500 across the nation made contributions to help wanted, those special deliveries are often far physically challenged people to leave congregations rebuild. off the company’s established delivery behind their wheelchairs and crutches Many of the burned churches’ congrega- routes, taking drivers and trucks out of their and learn to skate with specially de- tions were poor, however, and didn’t know if usual rotations. Moreover, International signed walkers and harness systems. A they could rebuild, even with donations. Paper promised to make deliveries within a number of Ms. O’Donnell’s students Until June 27, 1996, that is. One that date, few days of receiving orders from the church- John T. Dillon, chairman and chief executive es, thereby adding many thousands of dollars have even learned to overcome their officer of International Paper, the world’s disabilities as a result of her coaching in staff time and rescheduling headaches to largest wood products company, quietly told the total cost of the company’s donation. techniques. the National Council of Churches that his Pennybacker says the National Council of Ms. O’Donnell’s work might best be company would donate lumber and building Churches originally guessed that the donated summarized in the words of Buffalo materials from his company’s broad range of materials would be worth $1 million, but he mayor, Anthony Massielo, the person construction products. now believes the cost to International Paper who nominated her for the 1996 Sport- In his private letter to the Rev. Dr. Joan could be $2 million or more—at wholesale ing Goods Manufacturers Association Brown Campbell, general secretary of the prices, not counting the considerable costs of National Council of Churches, Dillon prom- HEROES Award: ‘‘For those people who delivery. That means an actual savings of ised to provide as much as was needed to re- several million dollars for churches that oth- might have known ‘sports’ as an ab- build every church. He put no ceiling on the erwise would have to go out and buy their stract, Elizabeth has succeeded in amount of material to be donated, or the materials at retail prices. translating the joy of achievement and cost. Dillon merely asked the Council, which International Paper, meanwhile, does not accomplishment, which is so often is overseeing the reconstruction of the seem to care what the contribution will end overlooked in competitive sports, into churches, to coordinate the effort to make up costing. ‘‘This is an open-ended commit- a triumph of spirit.’’ sure that every church got what it needed to ment and, frankly, we’re not sure just how Mr. President, I want to give my rebuild. much it’s going to cost,’’ says Carl Gagliardi, Purchase, New York-based International warmest congratulations to Ms. the International Paper executive coordinat- Paper, which had revenues in 1995 of nearly ing the program out of the company’s Mem- O’Donnell and to the people whose lives $20 billion and employs about 88,000 people phis, Tennessee, office. ‘‘This is one of the she helps make better. Her 1996 Sport- around the world, provides the burned best things this company has ever done. It’s ing Goods Manufacturers Association churches with lists of the company’s wood been terrific for morale.’’ HEROES Award is richly deserved.∑ and building materials, including beams, Indeed, when International Paper’s rank- f flooring, walls, sheeting, siding, shingles, and-file employees received Dillon’s note doors and countertops. Churches, with the outlining the company’s commitment to the ‘‘REBUILDING EVERY BURNED help of officials from the National Council of burned churches, many of them clamored to BLACK CHURCH’’ Churches, check off what they need and send be part of it. A few weeks later, Pennybacker Mr. BUMPERS. Mr. President, the the list back to International Paper. For got a call at his office at the National Coun- ∑ churches that were burned to the ground, cil of Churches headquarters in New York. February edition of Delta Airline’s Sky International Paper is providing up to 100 An International Paper representative want- magazine contained an article about percent of the materials the company has to ed to come in and drop off some donations one of this Nation’s finest corporate offer—and absorbing the costs. from employees. Pennybacker expected ‘‘a citizens, the International Paper Co. Today, with a shipment of wood and mate- few thousand dollars, maybe.’’ The executive IP has donated lumber and building rials from International Paper, a new showed up with a big box and dumped on materials to the National Council of Friendship Missionary Baptist Church is Pennybacker’s desk checks worth $37,787 Churches in its efforts to rebuild black under construction near Proctor. ‘‘It’s a from employees. He turned over another churches burned by arsonists in recent wonderful thing,’’ says Charles Eason, a dea- check for the same amount from Inter- con who is helping oversee the rebuilding. national Paper, for a total donation of years. One such church torched in 1994 ‘‘We’re just a small rural church, and this $75,574, and explained that Dillon had de- was Friendship Missionary Baptist in donation has made the difference for us. We creed that the company would match work- Proctor, Crittenden County, AR. don’t know when we would have been able to ers’ individual donations dollar for dollar. Last year International Paper rebuild without it.’’ ‘‘During the past several weeks, I received stepped in to help this congregation. In a memo to International employees ex- several notes from employees who were Today a new Friendship Missionary plaining the donation, Dillon noted that eager to contribute to the fund and were elo- Baptist Church is under construction. many of the company’s mills and local quent in expressing their appreciation for Mr. President, I want to commend branches are is small towns across the the company’s support for the rebuilding of South. ‘‘Beyond the instant tragedy associ- the churches and communities that were vic- this fine corporate citizen for the role ated with this wanton destruction, these timized,’’ Dillon said in a follow-up com- it is playing to reverse the misery and events strike at the essence of what makes panywide note. ‘‘I am extremely proud, but hardship that has been caused by these small-town communities so special,’’ Dillon unsurprised, by the compassion, community church burnings. wrote. ‘‘For International Paper, small concern and civic responsibility represented S3918 CONGRESSIONAL RECORD — SENATE May 1, 1997 by your contributions to the Burned Church- have helped to pay for thousands of op- Arthur’s repertoire consists almost exclu- es Fund. It is just another indication of why erations, utility bills, and ramps for sively of Vermont and New England folk I feel so strongly about the men and women people with disabilities. songs. She was raised in the Ozarks of Mis- who make International Paper’s team so ex- The recent Presidents’ Summit on souri and moved to Vermont in 1948. She traordinary.’’ Volunteerism drew the Nation’s atten- spends winters in Arizona. Therefore, she One aspect of this story is perhaps even also sings many songs from Missouri, nearby more extraordinary: International Paper did tion to the importance of giving back Kentucky and Arizona. not publicize its donation—no corporate to our communities. The people of War- She said that she will certainly take along news conference, no announcement, not even ren, like those in so many communities her harp-zither, which was given to her by a press release. Dillon apparently did not throughout the country, are truly for- the family of Rawsonville farmer Merle want the donation to be seen as a bid for tunate to dedicated Kiwanis Club mem- Landsman after it was found in his barn. publicity. bers as their neighbors. She said she will perform songs from a col- The article you are reading would never I hope my colleagues will join me in lection of 7,000 Vermont songs compiled by have been written if the author had not hap- expressing congratulations and grati- Helen Hartness Flanders. Flanders was the pened to hear about the donation from a wife of the late Sen. Ralph Flanders, and Presbyterian minister who has a friend tude to the Kiwanis Club of Warren for MacArthur enjoys the connection between working at the National Council of Church- their 40 years of good works.∑ their lives in Washington D.C. and her per- es. When Sky contacted International Paper f formance at the Kennedy Center. headquarters, the publicity staff—profes- ‘‘This will give me a good opportunity to sionals who are paid well to make sure Dil- TRIBUTE TO MARGARET honor her and her collection,’’ she said. lon and the company look good—agreed to MACARTHUR The New England Art Biennial, panel from provide copies of Dillon’s notes to his compa- ∑ Mr. JEFFORDS. Mr. President, I rise the University of Massachusetts, Amherst, ny’s work force but rebuffed a request to today to pay tribute to Margaret Mac- chose MacArthur in 1985 as a ‘‘New England interview the CEO for this article as ‘‘not Arthur. Margaret has been selected to living art treasure.’’ Her recording career necessary.’’ appear at the John F. Kennedy Center spans to the early 1960s, when she recorded Dozens of black congregations across the ‘‘Folksongs of Vermont’’ on Folkways South, meanwhile, are eager to sing the for Performing Arts on May 1, 1997. She records. She has since recorded eight more praises of International Paper. ‘‘Oh, good!’’ will be appearing as the sole represent- albums, including several with members of Shirley Hines exclaimed when told that Sky ative of Vermont in an annual celebra- her family, who also live in Marlboro. was running a story about the International tion which will host artists from across Recent local performance ventures in- Paper donation. Hines, in charge of the re- the Nation. cluded the Brattleboro Museum and Art Cen- building committee at Greater Mount Zion Margaret represents the very best of ter, as part of a series on farming in Ver- Tabernacle Church in Portsmouth, Virginia, Vermont. Her talent and hard work mont. says the congregation did not know if the have been recognized time and time She is currently completing her 10th re- church could be rebuilt after it burned in again. In 1985, she was selected by the cording, which is being produced at Sound May 1995; the estimated cost of $340,000 was Design in Brattleboro and is entitled ‘‘Them just too much. New England Art Biennial as a New Stars.’’ International Paper’s donation last au- England living art treasure. MacArthur believes it was her work as art- tumn of wood, doors, wall paneling and other Margaret’s repertoire consists almost ist-in-residence in schools throughout the building supplies, however, took care of exclusively of Vermont and other New state that brought her to Jeffords’ attention. three-quarters of the cost of materials and England folk songs. She embodies the As a visiting artist, she had children set let the congregation celebrate Christmas in spirit of our Green Mountain State and local folk tales to music which culminated its new, rededicated church. ‘‘International has successfully shared its heritage, two years ago with the production of ‘‘Ver- Paper told us to tell them what we needed. through music, with people throughout mont Heritage Songs.’’∑ We faxed in a list, and in less than a week it the country. Once again, I would like f was here. It was unbelievable,’’ Hines says. to extend my best wishes and congratu- ‘‘If not for International Paper, this church CHILDREN’S HEALTH CARE INSUR- would have had to wait two or three years to lations to Margaret MacArthur. Mr. President, I ask the following ar- ANCE PROVIDES SECURITY reopen, if it ever did.’’ [CHIPS] ACT Hines recalled the dreary day when she, ticle from the Brattleboro Reformer be her pastor and several other church members printed in the RECORD. ∑ Mr. ROBB. Mr. President, I’m pleased waited in the rain for the first lumber deliv- The article follows: to be an original cosponsor of the Chil- ery. When the big truck pulled up, she says, [From the Brattleboro Reformer, Dec. 6, dren’s Health Insurance Provides Secu- they laughed and shouted and cried and 1996] rity [CHIPS] Act because I support ex- danced in the rain, snapping pictures of the LOCAL FOLK ARTIST TO PERFORM AT KENNEDY panding access to health care for chil- forklift unloading the first pallets of wood CENTER that would become their new church. dren who lack coverage today, and be- ‘‘It made us realize that God is real,’’ she (By Jared Bazzy) cause I believe this bill is both flexible says, ‘‘and He is still in the blessing busi- MARLBORO.—Folk singer Margaret Mac- and targeted to children in families ness.’’∑ Arthur has been selected to appear at the least likely to have employer-based John F. Kennedy Center for Performing Arts f coverage and least able to purchase in Washington, D.C., this spring, as part of health insurance on their own. the Vermont State Day celebration. CONGRESSIONAL RECORD STATE- U.S. Sen. James M. Jeffords, R–Vt., picked It is my hope that States will find MENT HONORING 40TH ANNIVER- MacArthur to be the lone performer rep- the enhanced Federal Medicaid match SARY OF THE WARREN KIWANIS resenting the Green Mountain State. included in this bill to be a valuable CLUB Jeffords, who chairs the Senate Sub- tool to assist many vulnerable fami- Mr. LEVIN. Mr. President, I rise committee on Education, Arts, and Human- lies, particularly families moving from ∑ ities, said Thursday, ‘‘Margaret represents today to salute the Kiwanis Club of welfare to work. Far too many welfare what’s best about Vermont’s history and cul- recipients will, at least initially, move Warren, MI, for its 40 years of service ture,’’ adding, ‘‘This is a wonderful oppor- to the Warren community. tunity for visitors from across the nation to from dependency into hourly jobs with In 1957, a group of concerned hear a true Vermont artist share our herit- little pay and few, if any, benefits. businesspeople, professionals, and citi- age.’’ Children should not lose their health zens formed the Kiwanis Club of War- MacArthur said she was invited a few care because their parents work.∑ weeks ago, just after she returned from per- ren to help meet the needs in their f forming at the Folk Song Society in Wash- community which were not being ad- ington, D.C. HONORING THE CENTRAL/DELPHI dressed by government or charities. ‘‘But I’ve never sung at the Kennedy Cen- Since its beginning, the Warren ter for gosh sakes. It’s pretty exciting,’’ she FIRST TEAM Kiwanis has provided numerous serv- said in a telephone interview from her home ∑ Mr. LEVIN. Mr. President, I rise ices to people in need, including per- in Marlboro. today to recognize the achievements of sons with disabilities, senior citizens, The Kennedy Center annually celebrates a remarkable group from my home all 50 states with a performance by a local and people requiring medical care. The artist from each one. MacArthur will per- State of Michigan. A team of students Warren Kiwanis donated a bus to the form May 1, 1997. from Pontiac Central High School and Salvation Army, funded a fitness trail Accompanying herself at different times engineers from Delphi Interior and at a local park for disabled people, and on guitar, dulcimer and harp-zither, Mac- Lighting Systems won two national May 1, 1997 CONGRESSIONAL RECORD — SENATE S3919 awards at the prestigious FIRST [For support ratification absent certain cer- in the form of yet another inter- Inspiration and Recognition of Science tifications by the President prior to de- national agreement, no matter how and Technology] competition held posit of our instrument of ratification. many other nations have signed on. April 10–12 in Orlando, FL. Faced with the fact that the treaty is If the United States is to make a The Central/Delphi team received the largely unverifiable, some ratification unique moral statement as proponents tournament trophy as a finalist in the supporters argue that no treaty is 100 urge, we shouldn’t be stampeded into robotics competition, and the team percent verifiable, and that, while not ratifying this treaty ‘‘because other also won the competition’s highest perfect, the CWC is better than noth- nations have.’’ The United States honor, the Chairman’s Award, given to ing, especially since chemical weapons passed on joining the League of Na- the most comprehensive school-cor- are so morally objectionable. Pro- tions even though, as with the CWC, it porate partnership program among the ponents further assert that the CWC is had promoted the League in the begin- 155 competitors. As Chairman’s Award needed because it establishes an inter- ning and many other nations had de- winners, the team will be honored by national norm that stigmatizes these cided to join it. Too often the inter- President Clinton at a Rose Garden re- weapons; that the CWC will bring us national community has pronounced ception. some intelligence we do not now have itself greatly pleased at solving the The Central/Delphi FIRST team regarding the possession and manufac- latest crisis with yet another treaty helps to open young minds to science, ture of these weapons; and that it will like the Kellogg-Briand Pact of 1928 mathematics, and technology. Pontiac provide trade benefits to U.S. chemical which outlawed war as an instrument Central students also have an oppor- companies. Finally, they argue that we of national policy. And too often, as tunity to work at Delphi during the need to be a party to the treaty to pro- here, disappointment has followed be- summer, which helps them continue tect our interests as details of imple- cause of the disconnect between the learning outside of school and gain val- mentation are worked out by the var- good intentions and the hard reality. uable on-the-job training. The innova- ious parties. To the argument that we will look bad For the sake of argument, even as- tive CADET program, an extension of because it was our idea in the first suming that these relatively modest Central/Delphi FIRST, uses unique ac- place, opponents say that real respect benefits claimed for the treaty would tivities to promote the fun of math, is rooted in responsible, honest posi- in fact materialize, we believe these science and technology to students at tions; and that U.S. leadership in tak- claimed benefits do not outweigh the seven elementary and junior high ing a different approach will be re- costs. schools. As the presenter of the Chair- warded in the long term. man’s Award said, ‘‘The judges believe Opponents are convinced that the that this team has turned many chil- costs of ratifying the CWC outweigh It is not possible to ban the manufac- dren on to science and math. Through the advanced benefits in several impor- ture and possession of chemical weap- their strong partnership, FIRST be- tant respects, including the following: ons, and we should not delude ourselves came the avenue for an entire school of First, it would create a United Na- into thinking it is possible. What we talented students to reach personal tions-style bureaucracy, 25 percent of can do is back up our demand that no success.’’ the cost of which must be paid for by one use chemical weapons, with inter- The success of the Central/Delphi U.S. taxpayers. Second, it would put national cooperation based on the will team and the FIRST program in gen- American businesses under a finan- to punish violators so severely that use eral is a powerful example of what edu- cially burdensome, security-com- is deterred. That too is not easy; but, cators and corporations can do to im- promising, and quite possibly unconsti- as the use of nuclear weapons has been prove opportunities for our young men tutional inspection regime. Third, it deterred, so too can the use of chemical and women. I commend Delphi Interior would exacerbate the chemical threat weapons be deterred if we have the and Lighting for their commitment to we face by undermining existing multi- will. education. I am proud of the talented lateral trade restrictions, sanctions, THE CWC IS NOT GLOBAL and embargoes the United States has students who achieved so much at this The original goal of the CWC was placed on rogue countries like Iran and prestigious competition. I hope my col- that it would ban the manufacture and Cuba. Fourth, it would require infor- leagues will join me in congratulating use of chemical weapons by all the na- mation sharing that signatory nations, the young men and women of Pontiac tions of the world. Unfortunately, the if so inclined, could use to advance Central High School and the employees countries with chemical weapons that their chemical weapons programs. of Delphi Interior and Lighting for we are most concerned about—Iraq, Fifth, the convention would give the their achievements at the sixth annual Libya, Syria, and North Korea—have Nation with the largest CW stockpile— FIRST competition. not yet signed the CWC, let alone rati- Russia—an excuse to abrogate the Bi- f fied it. Pakistan, Iran, and Russia also lateral Destruction Agreement [BDA] have chemical weapons programs; CHEMICAL WEAPONS CONVENTION it entered into with the United States while they have signed the agreement, Mr. KYL. Mr. President, everyone to destroy chemical weapons. And this ∑ they may not ratify. So, the nations agrees that ridding the world of chemi- is not hypothetical speculation—there that pose the most serious threat may cal weapons is a noble and worthy goal are growing indications Russia does never fall under the CWC’s strictures. to pursue. These are weapons that no not intend to comply with the BDA, nation should have in its stockpile— which is much more restrictive than Nor is the CWC global in terms of the and that includes the United States. the CWC. Sixth, the prospect of ratifi- chemical substances it covers. While it By law, the U.S. stockpile will be de- cation would create—there are already prohibits the possession of many dan- stroyed whether or not the Chemical signs that it is creating—a false sense gerous chemicals, two that it does not Weapons Convention [CWC] is ever of security that encourages the United prohibit were employed with deadly ef- ratified by the Senate. Opponents of States to let its guard down on defend- fect in World War I: phosgene and hy- the Convention support that action. ing against the use of chemical weap- drogen cyanide. But they are too wide- Notwithstanding agreement on the ons against American troops. Seventh, ly used for commercial purposes to be goals of the CWC, we do not believe it degrades the value of treaties and banned, which speaks volumes about that this treaty can ever achieve the moral statements because all nations this treaty’s impracticality. goals. It will not accomplish its objec- understand it is unenforceable. Nor does the CWC control as many tive of being global, verifiable, and ef- The CWC represents hope over re- dangerous chemicals as does an export fective ban on these weapons. More- ality. It makes people feel good to say control regime currently employed by over, because of deficiencies in the they have done something about a 29 industrialized countries. The Aus- treaty—which, by its terms, adopting class of weapons we all abhor. But sign- tralia Group regime already controls parties must ratify wholesale without ing this piece of paper is not going to trade in 54 chemicals that could be amendment—we believe the United solve the problem—and that’s the prob- used to develop chemical weapons. Of States is better off without the CWC lem. Hard problems can’t be wished the 54 chemicals subject to the Group’s than with it. As a result, we could not away with naive hopes and tough talk export controls, 20 are not covered by S3920 CONGRESSIONAL RECORD — SENATE May 1, 1997 the CWC. That list of 20 includes potas- Lawrence Livermore National Labora- chemicals—in under nine hours. Judge sium fluoride, hydrogen fluoride, potas- tory. Webster said: sium cyanide, and sodium cyanide, all Countries which have organophosphorus Because of the equipment needed to used in making chemical weapons. pesticide plants could convert or divert pro- produce chemical warfare agents can also be Finally, there are news reports that duction toward weapons material without used to produce legitimate industrial chemi- Russia has produced a new class of bi- major effort. . . . Competent chemical engi- cals, any pharmaceutical or pesticide plant nary nerve agents many times more le- neers with diversified experience could de- can be converted to produce these agents. A sign equipment capable of meeting minimum thal than any other known chemical nation with even a modest chemical industry operating objectives. . . . Only a few thou- could use its facilities for part time produc- agents. These agents are reportedly sand dollars would be needed for piping and tion of chemical warfare agents. Libyan made from chemicals used for indus- seals, several hundred thousand dollars Leader Quadaffi, in a speech delivered in Oc- trial and agricultural purposes and are [would be needed] for specialized equipment. tober, claimed that the facility at Rabta is not covered by the CWC. In February Not only that, but different processes intended to produce pharmaceutical, not 1997, the Washington Times disclosed can be used to produce the same agent. chemical warfare agents. He proposed open- that under this program, ‘‘the Russians Nations wishing to conceal the devel- ing the complex for international inspection. could already produce pilot plant quan- opment of chemical agents can employ But within fewer than 24 hours, some say 81⁄2 tities of 55 to 110 tons annually of two multiple processes. Therefore, unearth- hours, it would be relatively easy for the Libyans to make the site appear to be a new nerve agents—A–232 and A–234. ing a covert program under the CWC’s pharmaceutical facility. All traces of chemi- These agents can also reportedly be provisions will be nearly impossible. It cal weapons production could be removed in made from different chemical formula- just doesn’t take much money, much that amount of time. tions allowing the agents to be pro- time, much space, or much security to Therefore, the treaty fails to satisfy duced in different types of facilities, produce chemical weapons. its two principal premises: it is neither depending on the raw material and That adequate verification is illusory global nor verifiable. Proponents con- equipment available. For example, one under this treaty is now widely ac- cede this point to one degree or an- version of an agent can be produced knowledged by technical experts and other, but argue that, on balance, it is the U.S. intelligence community alike. using a common industrial solvent— still better than nothing. Opponents Even supporters of the treaty—like acetonitrile—and an organic phosphate believe, to the contrary, that the trea- former ACDA Director Ken Adelman— compound that can be disguised as a ty would actually create more prob- confirm that it is not verifiable. In his pesticide precursor. In another version, lems than it solves. soldiers need only add alcohol to a editorial endorsing the treaty, Mr. WHAT HARM IN APPROVING THE CWC? premixed solution to form the final CW Adelman conceded this point up front Proponents say the deficiencies in agent. stating, ‘‘Granted, the treaty is vir- tually unverifiable. And, granted, it the treaty are outweighed by the moral THE CWC IS NOT VERIFIABLE statement it makes in establishing an The second original goal of the con- doesn’t seem right for the Senate to ratify an unverifiable treaty.’’ international norm against the posses- vention was that it was to be verifi- sion of chemical weapons; by the trade able. CWC negotiators in Geneva were We also have the experience of the U.N. team charged with inspecting benefits it will bring to U.S. chemical told by then-Vice President George companies; and by marginal gains in Bush on April 18, 1984: Saddam Hussein’s military establish- ment as proof of the difficulties of de- intelligence if we become a party to For a chemical weapons ban to work, each the treaty. party must have confidence that the other tection when a country is determined parties are abiding by it. . . . No sensible gov- to develop these weapons. Even with MORAL STATEMENT ernment enters into those international con- the most intrusive searches—which By definition, to have the influence tracts known as treaties unless it can ascer- hundreds of inspectors have conducted and weight of a moral statement, an tain—or verify—that it is getting what it over five years in Iraq—evidence of action must be genuine. A treaty that contracted for. weapons development has only belat- cannot prevent those who sign on to it As it turns out, however, the treaty edly been uncovered. It is likely that from cheating, and that, even if cheat- fails to achieve this primary objective Iraq will continue to have a CW pro- ing were discovered, would not apply as well. A recently declassified portion gram and that the U.N. inspectors will meaningful punishment to the viola- of an August 1993 National Intelligence continue to miss much of it even with tor—such a treaty is essentially hol- Estimate reads: intrusive inspection. The CWC’s inspec- low. History shows that hollow dec- The capability of the intelligence commu- tion regime pales in comparison to the larations are worse than none at all. A nity to monitor compliance with the Chemi- regime in Iraq, and the treaty’s ver- commitment honored more in the cal Weapons Convention is severely limited ification provisions will not enable us breach than the observance is not a and likely to remain so for the rest of the to catch cheaters. moral statement; it fools no one and it decade. The key provision of the monitoring Terrorist groups present a special deters no one. regime—challenge inspections at undeclared sites—can be thwarted by a nation deter- problem because they can buy chemi- Proponents of ratification argue that mined to preserve a small, secret program cals locally and manufacture weapons at least this treaty would be a tool in using the delays and managed access rules in very small spaces. In 1995, the Aum the hands of diplomats who would at- allowed by the Convention. Shinrikyo cult in Japan produced sarin tempt to dissuade cash-strapped coun- Former Director of the CIA, James gas from components bought in Japan, tries from selling chemicals to rogue Woolsey, said in testimony two years and assembled this noxious agent in a nations to advance their CW programs. ago before the Senate Foreign Rela- room 8 by 12 feet in size, using legiti- But, countries can easily ignore the tions Committee that: mately produced chemicals. treaty and export even the more dan- The chemical weapons problem is so dif- In addition to the problems just out- gerous chemicals because it is so dif- ficult from an intelligence perspective, that lined—of dealing with closed societies ficult to verify compliance, and be- I cannot state that we have high confidence like Iraq, of sorting out the military cause there is no real enforcement in our ability to detect noncompliance, espe- from the commercial manufacture of mechanism. The CWC will be adhered cially on a small scale. chemicals, and of detecting CW activi- to by nations that have no intention of The problem, of course, is that manu- ties that might take place in the small- doing what it prohibits —with or with- facture of the ingredients used in est of nooks and crannies—conceal- out the treaty—and will be ignored by chemical weapons is so common, so ment is also facilitated by the treaty those who choose to ignore it—whether universal, and so easy that the obsta- itself because it allows ample time for or not they are parties. There simply is cles to verification are enormous. inspected parties to hide what they are no effective enforcement—no ability to Processes involved in the production of doing. Judge William Webster, former catch cheaters and no punishment, in pesticides, for example, are strikingly Director of the FBI and of the CIA, tes- any event. similar to the processes used to develop tified before the Senate Foreign Rela- Under Article XII of the CWC, parties weapons like mustard gas. According tions Committee that a facility pro- caught violating treaty provisions are to a January 1992 report by a team of ducing chemical warfare agents could simply threatened with a restriction or analysts led by Kathleen Bailey of the be cleaned up—without any trace of suspension of convention privileges. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3921 Those privileges are simply the right It matters how we make a moral fected, although the OTA estimated in to participate in the treaty. At worst, statement. Papering over a problem 1992 that 10,000 companies would come a report will be sent to the U.N. Gen- with a treaty is not an effective moral under the CWC’s strictures. eral Assembly and the U.N. Security statement. If everyone knows going The treaty entails routine inspec- Council. With no predetermined sanc- into it that the CWC, despite its moral tions of specified chemical producers. tions in place to deter potential viola- pretensions, is unverifiable and ineffec- ACDA acknowledges that many indus- tors, the CWC is doomed to ineffective- tive, this merely engenders cynicism tries outside the chemical industry will ness. about international treaties. The out- be required to fill out forms and open Finally, there already is an inter- rage that the use of these weapons stirs their books to international inspectors, national norm against chemical weap- in us is undermined when we enter a including: ons that is both global and verifiable. treaty with a nod and a wink. Sherwin-Williams Co., Safeway Stores, Inc., Quaker Oats Co., Kraft The 1925 Geneva Protocol outlaws the PUBLIC HARM use—not the mere possession—of chem- Foods Ingredients, Maxwell House Cof- The argument that the treaty may fee Co., Conoco, Inc., Gillette Co., ical weapons. In World War II, the Pro- not be perfect but at least it does not tocol was enforced by the allied lead- Strohs Brewery, ADM Corn Processing do any harm is not only an exceedingly Division, Colgate-Palmolive Co., Xerox ers’ threat to respond in kind to any weak justification for the treaty, but chemical attack. But after Iraq used Corp., Castrol, Inc., General Motors an inaccurate one. There are signifi- Corp., Goodyear Tire & Rubber Co., chemical weapons against its Kurdish cant public and private costs were we population and Iranian soldiers in the Simpson Timber Co., Lockheed-Martin to participate in the CWC. Corp., Kaiser Aluminum, and Browning late 1980’s, diplomats met to address First, it creates a new U.N.-type bu- this heinous war crime. These dip- Seed, Inc. reaucracy, a new international organi- For some companies, especially lomats, faced with incontrovertible zation called the Organization for the small- and medium-sized establish- evidence of an Iraqi abrogation of the Prohibition of Chemical Weapons ments, the production data reporting Geneva Protocol, were not able to [OPCW], located in The Hague. The requirements in the CWC are budget agree on sanctioning Iraq and we could OPCW will oversee implementation of busters. Depending on the types and not even agree to list that country by the treaty. Based on studies by the numbers of controlled chemicals made name in a statement condemning the Congressional Office of Technology As- or used by the company, these records attack. If the world community could sessment [OTA] and the General Ac- can run $50,000 to $150,000 per year to not muster the will to punish an obvi- counting Office, total direct costs of maintain and report. ous violation like that, how are the the treaty to the U.S. taxpayer could The administration provided me with CWC participants going to summon the reach $200 million annually. That in- a list of 81 companies in Arizona that will to sanction a mere possessor or cludes the U.S. obligation to cover one- could be affected by the treaty because manufacturer of these weapons on evi- fourth of the operating budget of the they utilize industrial chemicals lim- dence that may be much less conclu- OPCW. This year, the administration is ited by it. I contacted 25 of those com- sive than the proof of use by Iraq? requesting a total of nearly $130 mil- panies to find out if it knew about the Indeed, as in Hans Christian Ander- lion, of which $52 million is destined CWC and its ramifications for them. sen’s fairy tale, the real moral state- for the OPCW in The Hague. Many company officials were not aware ment may be in exposing the naked Moreover, Russia has said it will not of the treaty, or were aware of it only truth about this ineffectual document. ratify the CWC unless it is given a sig- vaguely. Several reported back with It could be that, despite all the fine nificant amount of Western aid to pay calculations of what compliance would words about the treaty—or the emper- for the destruction of its chemical cost them. One Phoenix company esti- or’s fine clothes—there is actually weapons. The figure often mentioned in mates an annual cost of $70,000 a year nothing here. this context is $3.3 billion. But when to complete the treaty’s reporting re- Given the United States’ preeminent Russia realizes the magnitude of the quirements. Officials at the company position as the sole remaining super- undertaking, this may prove to be a also told me that tracking the produc- power after the end of the cold war, we drastic underestimation. After all, de- tion and use of industrial chemicals should make a moral statement. We do struction of the United States chemi- back to 1946, as the treaty also re- it by destroying our own stocks—which cal stockpile, which is smaller than quires, ‘‘would be impossible because we are doing; by admitting that the that of Russia, will cost us at least $11 such historical data no longer exists.’’ CWC is so flawed that it is not effective billion. According to a Tucson construction in its current form; by working to de- company, the costs don’t end there. As HARM TO PRIVATE INDUSTRY velop an effective enforcement regime its officials wrote to me: ‘‘In order to for the Geneva Protocol; and by push- Ratifying the treaty would harm U.S. state without reservations that we do ing forward with our bilateral CW de- industry in basically three ways: First, or do not have in our possession any of struction efforts with Russia and, per- it imposes a costly new regulatory bur- the chemicals or their constituents, we haps, other nations. den on American industry. Second, it is would have to either hire a consultant There are many multilateral treaties the first arms-control treaty in history versed in chemistry or put a chemist on the books—such as the Law of the that subjects private companies to in- on our staff for the assurance and de- Sea Treaty, the Convention on the spections by agents of foreign govern- termination of our strict adherence.’’ Elimination of All Forms of Discrimi- ments, which could well portend a loss Under the treaty, thousands of U.S. nation Against Women, and the Con- of trade secrets. Third, for the first companies will be subject to routine vention on the Rights of the Child— time ever, U.S. citizens will be subject inspections. When inspectors show up that make high moral statements to a treaty that involves the reach of at its doorstep, one company said, ‘‘we which few pay attention to because the international authorities, raising sig- would be greatly concerned that such a United States has not ratified them. nificant constitutional issues. Unlike visit might compromise confidential There are currently 48 treaties pending any treaty we have ever ratified, the business information.’’ before the Senate. Because of the Unit- CWC requires prosecution of individual POTENTIAL LOSS OF PROPRIETARY INFORMATION ed States’ preeminent position, our American citizens for treaty viola- The greatest potential for loss of unilateral actions often speak louder tions. Its inspection regime poses a po- trade secrets is with the challenge in- than anything else. To return to the tential threat to the constitutional spections that the treaty allows. These point I made at the outset: we already rights of U.S. citizens. challenges could occur at literally any have a policy in place. Through Public REGULATORY BURDEN building on U.S. territory—even a com- Law 99–145, the United States is com- Every U.S. company that produces, pany that does not have a CWC report- mitted to destroying the bulk of its processes, or consumes a scheduled ing requirement. Sophisticated equip- chemical weapons by the year 2004. chemical will be subject to new regu- ment, such as mass spectrometers, will Through our actions we demonstrate latory requirements, including a dec- be used by the international inspec- U.S. leadership in ridding the world of laration burden. ACDA estimates that tors. They can glean proprietary infor- chemical weapons. 3,000 to 8,000 companies will be af- mation, such as the process used to S3922 CONGRESSIONAL RECORD — SENATE May 1, 1997 make a biotechnology product. Also, rights of American citizens, on the one entitled to compensation’’ when there clandestine sampling and data collec- hand, and the need for international in- are leaks of proprietary information as tion by inspectors would be hard to de- spectors to be as intrusive as possible, a result of government action. So, even tect and stop. on the other hand. The administration treaty proponents say ‘‘just compensa- In 1992, the OTA identified examples believes the treaty strikes the right tion’’ for takings under the U.S. Con- of proprietary information that could balance. I believe the treaty institu- stitution may well come into play. We be compromised: tionalizes the worst of both worlds: an have not adequately considered what The formula of a new drug or spe- unverifiable treaty that, nevertheless, kind of a compensation commitment cialty chemical; also infringes on U.S. citizens’ con- we are making through this treaty, and A synthetic route that requires the stitutional rights. We get a company in what kind of an obligation we are let- fewest steps or the cheapest raw mate- Phoenix spending a lot of money open- ting U.S. taxpayers in for if we ratify rials; ing up its premises and disclosing cor- it. The form, source, composition, and porate information, in exchange for An Impossible Balance: Proponents purity of raw materials and solvents; which we have no assurance at all that acknowledge there may be legal prob- Subtle changes in pressure or tem- we can deter someone preparing nox- lems with the treaty; however, the U.S. perature at key steps in the process; ious chemical agents halfway around Senate cannot tinker with the treaty Expansion and marketing plans; the world. language. Article XXII says that ‘‘the Raw materials and suppliers; As Judge Robert Bork said in a re- Articles of this Convention shall not be Manufacturing costs; cent letter to Senator HATCH that subject to reservations.’’ Still, pro- Prices and sales figures; international inspectors collecting ponents claim that the legal problems Names of technical personnel work- data and analyzing samples ‘‘may con- can be fixed by carefully crafting the ing on a particular subject; and stitute an illegal seizure’’ under the implementing legislation. Fixing the Customer lists. takings clause of the fifth amendment. treaty in this way seems doubtful at Also according to OTA, the means by The U.S. Government owes a citizen best—at least if the intention is to which sensitive business information just compensation, under this amend- leave the treaty as anything more than could be acquired by foreign inspectors ment, for an illegal seizure of intellec- a fragile shell that will fall apart on include the following: tual property. the first occasion that someone objects Manifests and container labels that dis- Participating in the CWC could re- to an inspection on U.S. soil. The ad- close the nature/purity of the feedstock and sult in hundreds of millions of dollars ministration has now agreed to require the identity of the supplier. lost to companies from industrial espi- criminal warrants and a determination Instrument panels that reveal precise tem- of probable cause for every nonvol- perature and pressure settings for a produc- onage undertaken during or as a result tion process. of the international inspection of their untary challenge inspection and to Chemical analysis of residues taken from a facilities. The OTA pointed out in a seek administrative search warrants valve or seal on the production line. 1993 report that the chemical industry for nonvoluntary routine inspections. Visual inspection of piping configurations ‘‘is one of the top five industries tar- How does this square with our inter- and instrumentation diagrams that could geted by foreign companies and govern- national obligation to allow inspec- allow an inspector to deduce flow and proc- ments and that the problem of indus- tions to proceed? Constitutional fixes ess parameters. to the implementing legislation will Audits of plant records. trial espionage is growing.’’ The OTA explained just how much is at stake for not be compatible with the CWC’s de- Clearly, while it is difficult to assess any given company: ‘‘Development and pendence on an intrusive inspection re- the potential dollar losses that may be testing of a new pesticide,’’ according gime. This incompatibility means that associated with the compromise of pro- to the OTA, ‘‘takes an average of 10 we will have entered into a promise we prietary business data, information years and $25 million. Innovation in know, under our Constitution, we will gleaned from inspections and data dec- the pharmaceutical industry is even not be able to keep. larations literally could be worth mil- costlier.’’ A new drug, estimates the Rest assured that we will probably be lions of dollars to foreign competitors, OTA, requires an average of 12 years of copied—and by nations that may have and U.S. companies have little recourse research and an after-tax investment of something to hide. If the United States against frivolous inspections. roughly $194 million—estimated in 1990 argues that it can provide constitu- Proponents of the treaty note that dollars.’’ And please keep in mind these tional protections with implementing the Chemical Manufacturers Associa- figures do not include the lost revenues legislation, countries like Iran, China, tion (CMA) supports the agreement de- due to lost sales. or Russia, or any other participating spite its inspection regime. Opponents Incidents of industrial espionage are nation will be able to point to what note that the CMA represents about 190 not uncommon. The OTA study on the we’ve done and similarly modify their of the 3,000 to 8,000 companies likely to CWC also discussed the results of a sur- interpretation of the CWC to suit their be affected by the treaty. Other trade vey of U.S. companies in which 8 of 11 own objectives. associations representing a larger num- firms responding reported attempts to Nations of laws like the United ber of firms, like the Aerospace Indus- misappropriate proprietary business in- States will both comply with the CWC tries Association of America [AIA], formation. The 8 affected companies and protect constitutional rights, whose firms collectively are the second reported a total of 21 incidents, 6 of while violators will use constitutional largest U.S. exporter of goods and serv- which cost the companies $86.25 mil- rights to get away with storing or ices, the U.S. Business Information lion. building chemical weapons. A global Committee, and the Small Business The CWC does not have a procedure ban on possessing chemical weapons Survival Committee oppose the CWC. for victimized companies to recover that respects constitutional rights, LEGAL ISSUES damages, or to punish any foreign in- therefore, can be violated at will. And, The Senate Judiciary Committee spectors who participated in the theft an airtight ban on possessing chemical hearing held on September 10, 1996, of proprietary information. In fact, the weapons—if one were possible—cannot confirmed that there are serious legal treaty explicitly prohibits a victimized protect constitutional rights. Pointing difficulties associated with the CWC. company from taking legal action this out is not trying to have it both The international inspections it re- against the new international inspec- ways; rather, it is acknowledging the quires may result in violations of the tion organization. That leaves the U.S. futility of pursuing this kind of solu- constitutional rights of the officers of Government to provide indemnity. tion. U.S. firms, specifically their rights A CWC proponent, Professor Barry INTELLIGENCE GAINS FROM THE CWC ARE under the fifth amendment to the U.S. Kellman of DePaul University, wrote ILLUSORY Constitution. Also, attempts to fix in 1993 that ‘‘loss or disclosure of con- Terrorism these legal shortcomings by changing fidential information of the Technical A major advantage of this treaty, ac- the implementing legislation confront Secretariat—the agency created by the cording to proponents, is that it will the problem of striking a balance be- treaty—may have constitutional impli- provide U.S. intelligence agencies with tween respect for the constitutional cations because trade secret owners are information they can use to protect May 1, 1997 CONGRESSIONAL RECORD — SENATE S3923 American citizens. One of the more ex- ally used chemical weapons to kill sent to ratification of the CWC, U.S. travagant claims of CWC proponents in thousands of Kurdish noncombatants chemical companies will be subject to the administration, in fact, is that par- in 1988, teaches a sobering lesson. The trade restrictions, which will place $600 ticipating in the CWC will help us fight team of U.N. inspectors concentrating million of annual chemical trade at terrorism. During his State of the full-time on Iraq—which would not, of risk. On the surface, CMA appears to Union Address in February, President course, be the case with the OPCW in- have maintained a consistent estimate Clinton said the CWC would ‘‘help us spectors who will have worldwide re- of the CWC’s impact on U.S. chemical fight terrorism.’’ sponsibilities—has uncovered some new trade since the Senate first considered His implication departs from the oth- developments in Saddam Hussein’s the treaty last September. Close exam- erwise relatively objective and limited chemical weapons program, but even ination of the facts, however, reveals claims made for the treaty. It is unsub- their most thorough and sustained in- that CMA’s estimate has shrunk con- stantiated by any analysis or evidence. spections have not found everything. siderably over time and appears to A declassified section of a Defense In- Inspections under the CWC, under far overstate any potential negative im- telligence Agency document of Feb- less intensive circumstances, will not pact of nonratification. ruary 1996 states: ‘‘Irrespective of hamper a regime determined to have CMA’s initial estimate stated that whether the CWC enters into force, ter- these frightful weapons. $600 million of annual U.S. chemical rorists will likely look upon CW as a Proponents say over and over again exports would be placed at risk. means to gain greater publicity and in- that we are better off inside the treaty When the President of the associa- still widespread fear. The March 1995 than outside, because of the store of tion met with me in February, he ex- Tokyo subway attack by Aum data we will get out of the reporting plained that CMA had refined its ini- Shinrikyo would not have been pre- regime and the inspection process. But tial estimate and now believed $600 vented by the CWC.’’ where will this information come million in two-way trade would be af- A CIA report of May 1996, a portion of from? Being inside the treaty offers lit- fected, with only $281 million in annual tle insight into the actions of potential which has been declassified, makes the exports of Schedule 2 chemicals placed violators because: First, rogue states same point: ‘‘In the case of Aum at risk. Shinrikyo, the CWC would not have outside of the treaty will not be in- In a letter to me on March 10, CMA spected by the OPCW; second, the trea- hindered the cult from procuring the revised its figures yet again, stating ty annex states that the OPCW cannot needed chemical compounds used in its that the upper-bound estimate now in- release to any nation information production of sarin. Further, the Aum dicated $227 million in annual U.S. deemed to be confidential; third, while would have escaped the CWC require- Schedule 2 chemical exports would be ment for an end-use certification be- some OPCW inspectors will no doubt be Americans, the treaty annex on con- jeopardized by nonratification. cause it purchased the chemicals with- The $227 million represents about 0.38 fidentiality states that inspectors are in Japan.’’ The CWC does not help deny percent of total U.S. chemical exports, required to sign individual secrecy terrorists easy access to nerve gas and agreements with the OPCW, therefore indicating that if we accept CMA’s fig- other chemical weapons, among other they can’t give American intelligence ures at face value, over 99.6 percent of reasons, because terrorists can simply agencies any proscribed information. If U.S. chemical exports will be unaf- obtain their chemicals in their own we play by the rules, just where is this fected by failure to ratify the CWC. country for ostensibly legitimate pur- intelligence data going to come from? Even CMA’s revised estimate appears poses—they do not have to import Finally, history shows that states are to greatly overstate the impact of non- them. not very likely to call attention to ratification. Intelligence regarding nations’ CW programs treaty violations that intelligence- More than half of CMA’s export esti- Nor will participating in what the gatherers learn about because the dip- mate is based on exports of one chemi- columnist George Will called ‘‘the lomatic considerations frequently su- cal—amiton. Amiton is a pesticide in- Chemical Weapons Convention’s im- persede treaty enforcement. Recall, for gredient that is banned in the United pressively baroque, but otherwise example, the phased-array radar sta- States, Europe, Japan, and Canada— unimpressive, scheme of inspection and tion at Krasnoyarsk, in the then-So- America’s principal chemical export enforcement’’ add much to our knowl- viet Union, which violated the Anti- markets—but is widely exported to Af- edge of other countries’ CW programs. Ballistic Missile Treaty. Our intel- rican states, a large number of which Former Deputy CIA Director Richard ligence reports were effectively ignored are not CWC signatories. While we may Kerr said it is true that we will know so as not to force the United States to not be able to ascertain the exact per- a lot more about some countries, but take action against the Soviet Union centage of U.S. amiton trade to non- only those ‘‘that are least likely to de- for violating the treaty. We thought CWC signatories, such trade likely con- velop and use these weapons.’’ We will the higher priority was to maintain stitutes the bulk of the overall amiton have gone to a lot of trouble and ex- good relations with the Soviet Union, market and would be unaffected by pense, in other words, to learn that which would have become strained if CWC sanctions. Belgium is not violating the treaty. we used our intelligence to expose that CMA’s upper-bound estimate that The costs are simply not worth the nation’s violations. Russian violations $426 million in U.S. chemical imports benefits we gain. of the Biological Weapons Convention, will be affected is also suspect. Over 50 Our real intelligence payoff, as a gen- moreover, are noted each year in percent of the import estimate is based eral matter, is in intrusive U.S. intel- ACDA’s Pell report on arms-control on trade in one group of chemicals ligence collection and sophisticated compliance, yet nothing is ever done to which CMA admits ‘‘may reflect broad- U.S. analysis, not in a group of inter- make Russia comply. Intelligence can er chemical families,’’ implying the es- national inspectors making spot in- be helpful until it reveals treaty viola- timate may include trade in related spections—looking for the proverbial tions, then it becomes submerged and chemicals not restricted by the CWC. needle in a haystack—and giving plen- subordinated to diplomatic consider- In addition, the U.S. has the most ad- ty of advance notice to anyone actu- ations. vanced chemical industry in the world. ally suspected of violating this treaty. CHEMICAL INDUSTRY NOT HARMED BY Although short term disruptions might In fact, the international inspectors REJECTING CWC occur if United States firms were un- themselves, according to former Dep- The third claim made by CWC pro- able to import certain chemicals, uty CIA Director Kerr, will have to ponents—based largely on the rec- American industry would almost cer- rely on U.S. intelligence to be able to ommendations of the Chemical Manu- tainly be capable of producing the do their jobs. This compromises our facturers Association—is that there is same chemicals currently purchased own sensitive information and our own financial harm in not ratifying this from abroad. methods of collecting that informa- agreement. But the CMA’s argument In preparing its estimate, CMA used tion. that we have to get on board this train U.S. Government data on chemical Intelligence is difficult to gather in a or we will miss out, is just not true. trade and a complex methodology closed society, and the case of United The initial estimate from CMA which includes estimates of growth in Nations scrutiny of Iraq, which actu- claims that if the Senate fails to con- U.S. trade and worldwide GNP, as well S3924 CONGRESSIONAL RECORD — SENATE May 1, 1997 as other factors. CMA did not ask its FOREIGN AND DEFENSE POLICIES HARMED BY If history is any guide, we may well own member companies—which collec- THE CWC see those vulnerabilities increase. tively produce about 90 percent of all To review, then, all three advantages After the Biological Weapons Conven- chemicals manufactured in the United claimed for this treaty—stigmatizing tion came into force in 1972, the U.S. States—to provide figures on chemical chemical weapons all across the globe, biological defense program withered, imports and exports. This would have increased intelligence, maintaining our with funding cut by 50 percent—not be- given us a simple, reliable estimate of competitive advantage in the chemical cause defenses were outlawed by that the actual impact of CWC nonratifica- trade—are either nonexistent or so treaty, but because of constant criti- tion. CMA claims its members consider slight they hardly matter considering cism by arms-control advocates who this data to be confidential and would the serious negative consequences of saw them as contrary to the spirit, al- not provide it, although far more de- ratifying this treaty. I would now like though not the letter, of the Biological tailed accounting will be required to briefly address the harm to our for- Weapons Convention. under the CWC. eign and defense postures were we to Given the administration’s dem- Although CMA has publicly discussed accept this agreement in its current onstrated lack of emphasis to chemical possible business losses from nonratifi- form. defenses, we can expect that when fi- cation, none of its member companies THE CWC CREATES A FALSE SENSE OF SECURITY nancial cuts are required to meet de- have informed their stockholders of I believe that we run the risk of re- clining budgets, funds for hedging any potential adverse impact. ducing the priority of U.S. chemical against violations of an allegedly com- defense programs if we sign on to a prehensive treaty will make an attrac- Since the administration pulled the weighty moral statement and a com- tive target. treaty from Senate consideration in plicated—but ineffective—effort to out- TREATY UNDERMINES EXISTING INTERNATIONAL September 1996 none of the CMA’s 193 law these objectionable weapons. The INSTRUMENTS members have filed an 8–K form with Department of Defense allocates less Saddam Hussein used chemical weap- the Securities and Exchange Commis- than 1 percent of its budget to chemi- ons not only in 1988 against the Kurds, sion [SEC], notifying their stockhold- cal and biological weapons defense ac- but earlier in the decade against the ers of this potential adverse impact tivities, and yet annual funding for Iranian population in the Iran-Iraq and none have discussed it in their an- this area has decreased in real terms war. It was in the wake of confirmation nual 10–K filings. by over 22 percent since the Persian of Iraq’s use of chemical agents in 1984 An 8–K filing is required to ‘‘* * * re- Gulf conflict, from $792 million in fis- that the Australia Group was formed, port the occurrence of any material cal year 1992 to $619 million requested to try to stop the military use of these events or corporate changes which are for fiscal year 1998. With chemical substances. The Australia Group re- of importance to investors or security weapons defense programs already un- gime will be undercut by the more le- holders and previously have not been derfunded, the Chairman of the Joint nient CWC, as I have already indicated. reported by the registrant.’’ Chiefs of Staff, General Shalikashvili, And that is not the only international Form 10–K is the annual report most recommended in February 1996 that instrument that will be undercut by companies file with the SEC and pro- chemical and biological defense pro- this treaty. vides a comprehensive overview of the grams be slashed by over $1.5 billion U.S.-RUSSIAN BILATERAL DESTRUCTION firm’s business. through 2003. This recommendation AGREEMENT CMA claims none of its companies was made only weeks before General The U.S. approach to the problem are legally required to file such forms Shalikashvili testified before the Sen- posed by Russia—which does not be- due to uncertainty over whether the ate Foreign Relations Committee that long to the Australia Group—has been CWC will be ratified and since none of the Department of Defense [DOD] was to hammer out a bilateral agreement the firms will have more than 10 per- committed to a robust chemical de- with that nation. The Bilateral De- cent of its sales affected by nonratifi- fense program. This is the kind of false struction Agreement of 1990 requires cation. The SEC defines material sense of security induced by signing both the United States and Russia to changes as those that affect at least 10 treaties such as the CWC. stop producing chemical weapons and percent of a company’s sales. This ad- It should seem obvious that ratifying to reduce their active stockpiles to no mission further undermines their posi- this treaty does not mean we will not more than 5,000 metric tonnes. The tion that nonratification will be ex- face a chemical threat. Because of the United States has begun to destroy its tremely detrimental to U.S. chemical proliferation of covert chemical capa- chemical weapons. Political turmoil in companies. bilities, U.S. combat operations may Russia has made ensuring Russian expose military forces to lethal chemi- compliance difficult at best. Moscow Finally, CMA has not determined the cals in the future. Any deficiencies in has not even begun to reduce its stock- costs to its members for CWC imple- U.S. chemical protective, reconnais- pile, which is the largest in the world. mentation. The increased costs of com- sance, and decontamination capabili- Russia has signed the CWC but not plying with the treaty’s reporting re- ties will exacerbate the likely casual- yet ratified. Russian officials can now quirements and preparing for inspec- ties. dangle before United States officials tions are substantial. As I mentioned This is not a theoretical problem. A the possibility that the Duma will rat- earlier, one Phoenix company esti- 1996 GAO study found that deficiencies ify the CWC some day, and in this way mates it will cost $70,000 per year to in U.S. chemical and biological defense justify Moscow’s current inaction. In- comply with the treaty’s reporting re- training and equipment identified dur- deed, there are indications that our quirements. In addition, companies ing Operation Desert Storm still re- push to ratify the CWC has moved the will incur substantial costs to host in- main. Russians toward outright renunciation spections. The Department of Defense In testimony before the House Com- of the BDA. has estimated that the cost of hosting mittee on National Security Commit- Compliance with the BDA begins, of inspections of facilities engaged in tee, the GAO stated, ‘‘The primary course, with truthful and complete dec- highly proprietary activities like the cause for deficiencies in chemical and larations of chemical weapons data. production of advanced composite ma- biological weapons preparedness is a ACDA’s 1995 Pell report noted that terials ‘‘could be as high as $200,000 to lack of emphasis up and down the line Russia has refused to accept the BDA’s $500,000.’’ of command in DOD.’’ The situation re- key provisions and has ‘‘taken a When we add up the costs of comply- sults from the ‘‘generally lower prior- minimalist approach to declaration re- ing with the CWC’s regulatory burden, ity DOD—especially the Joint Chiefs of quirements and verification costs of the costs of hosting inspections, the Staff and the war-fighting Command- CW production facilities that is incon- costs from the potential loss of con- ers-in-Chief—assigns chemical and bio- sistent with the CWC.’’ To comply with fidential business information, and the logical defense as evidenced by limited the 1989 memorandum of understanding loss of constitutional protections, its funding, staffing, and mission priority with us which led up to the BDA, Rus- clear that the costs far outweigh the chemical and biological defense activi- sia declared 40,000 metric tonnes of benefits of this treaty. ties receive.’’ agent. This declaration has prompted May 1, 1997 CONGRESSIONAL RECORD — SENATE S3925 challenges of the veracity of Russian novichok agents will simply be added In other words, if the United States reporting. to the CWC’s list of controlled sub- and Iran were to ratify the conven- CIA Director James Woolsey said in stances understate the danger and dif- tion—as Cuba has already done—Tehe- June 23, 1994 testimony before the For- ficulty of this proposition. ran would have a powerful claim to eign Relations Committee that the Should the United States learn the override American-led restrictions in United States had ‘‘serious concerns composition of such agents, it is un- the chemical field. over apparent incompleteness, incon- likely we would seek to add these Article XI further specifies that sistency and contradictory aspects of chemicals to the CWC annex since add- states parties shall: the data’’ submitted by Russia under ing the compounds means making pub- Undertake to facilitate, and have the right the memorandum of understanding. On lic the chemical structure of the agent, to participate in, the fullest possible ex- August 27, 1993, Adm. William thereby undermining efforts to limit change of chemicals, equipment and sci- Studeman, acting CIA Director, wrote the spread of CW expertise and knowl- entific and technical information relating to the development and application of chem- to Senator GLENN that ‘‘We cannot edge to rogue states. In addition, adding a chemical to the istry for purposes not prohibited under this confirm that the Russian declaration Convention. of 40,000 mt is accurate. In addition, we CWC annex is a long, convoluted proc- This provision repeats the mistake cannot confirm that the total stockpile ess which could take up to 2 years and require the concurrence of two-thirds made in the Nuclear Nonproliferation is stored only at the seven sites de- of CWC states parties. Treaty—the so-called Atoms for Peace clared by the Soviets.’’ Finally, the component chemicals of initiative—under which ostensibly Reports in the Washington Times (11– the novichok agents may be so widely peaceful technology has been provided 8–89) and Washington Post (11–9–89) cite used for commercial purposes—like to nations who then diverted it to pro- Defense Intelligence Agency estimates phosgene, which was used as a CW scribed military purposes. Neither a that the Soviet/Russian stockpile could agent in World War I—that it may not United States trade embargo, nor legis- be as large as 75,000 tons. be practical to add them to the lists of lation like the Helms-Burton bill, nor Even more troubling are public re- controlled chemicals. the Australia Group export control re- ports in the Washington Times and The actions of key Russian personnel gime, nor any other arrangement can Wall Street Journal that Russia has highlight Russia’s lack of commitment interfere with Teheran’s or Havana’s developed highly lethal binary chemi- to the CWC itself. Lt. Gen. Anatoly right to demand access to state-of-the- cal weapons. Dr. Vil Mirzayanov, Kuntsevich, former chairman of the art chemical manufacturing capabili- former chief of counterintelligence at Russian President’s Committee on Con- ties. Russia’s State Union Scientific Re- ventional Problems of Chemical and To those who ask, what’s the harm of search Institute for Organic Chemistry Biological Weapons, was arrested on approving this treaty? I think it is now and Technology, also published his ob- charges of selling military chemicals clear that the answer is, plenty. It does servations in the October 1995 Stimson to Middle East terrorists. Col. Gen. not erect a barrier against CW pro- Center Report No. 17. Dr. Mirzayanov S.V. Petrov openly alluded to the desir- liferation; in fact, as just noted, it in- reported that Russia has produced a ability of maintaining a chemical creases the likelihood of proliferation. new class of binary nerve agents many weapons capability in a Russian mili- In this and all of the other ways I have times more lethal than any other tary journal entitled ‘‘Military described, the convention would be known chemical agents: the so-called Thought.’’ Both individuals are high- very detrimental to the interests of novichok agents made from chemicals ranking military signatories to the United States and its citizens—espe- not covered by the CWC which are used ‘‘U.S.-Russian Work Plan for the De- cially when compared to the anemic for industrial or agricultural purposes. struction of Russia’s Chemical Weap- benefits of ratification. He further reported that Russia contin- ons.’’ IF NOT THE CWC, THEN WHAT? ued development of these highly lethal With that as our background, we Opponents of the CWC are committed binary weapons despite signing the should be very cautious about expect- to meaningful efforts to prevent the BDA in 1990. ing Russia, even if its legislature use of chemical weapons. We should Dr. Mirzayanov states: should ratify the CWC, to take a new start with first principles. First, I witnessed the duplicity of Soviet multilateral commitment on chemical officials during the CWC negotiations. Al- weapons seriously. ENFORCING THE 1925 GENEVA PROTOCOL An effective treaty should be global though the United States stopped producing PROLIFERATION AMONG PARTICIPANTS IN THE and testing chemical weapons and signed an CWC and verifiable. The 1925 Geneva Proto- agreement with the Soviet Union to that ef- The CWC’s potential to facilitate col is both: it covers all nations of con- fect in June 1990, the USSR did not stop proliferation is not limited to its per- cern to the United States and, because work. nicious effects on Australia Group con- it outlaws the lethal use of chemical In a recent letter to me, Dr. trols. It may also undermine existing weapons, it is inherently verifiable. Mirzayanov indicated that, to the best unilateral United States sanctions Victims of use have every reason to ex- of his knowledge, as many as six against Iran and Cuba. Chemical ex- pose treaty violations, as the Iranians novichok CW agents may have been de- ports to Iran were embargoed by the and the Kurds did. By definition, out- veloped. Dr. Mirzayanov feels so Reagan administration on March 30, lawing use is a more realistic goal than strongly about the threat from these 1984. That embargo is still in force, as the CWC’s goal of outlawing possession new agents that he supports the CWC is the embargo against Fidel Castro de- of these common substances. What is under the mistaken impression that clared in 1962. The United States im- necessary—for both treaties—is effec- the treaty will eliminate these weap- posed secondary sanctions last year on tive enforcement. In World War II, the ons. Unfortunately, the chemicals used foreign companies that aid the oil in- enforcement of the Geneva Protocol to make novichok agents are not con- dustries of Iran or Libya. was the allied leaders’ threat to retali- trolled by the CWC, Russia has not These kinds of embargoes and sanc- ate in kind to any chemical attack. ratified the treaty, and it’s unlikely we tions are prohibited among the family The Geneva Protocol was effective dur- would be able to detect illicit produc- of nations that decide to join this con- ing that conflict. But it has not been tion of the component chemicals of vention. Article XI of the treaty pro- well enforced outside of the context of these agents. Our intelligence commu- vides that state parties shall: a threat of retaliation in kind. Such nity described this problem in a May Not maintain among themselves any restric- threats fade in effectiveness as civ- 1995 national intelligence estimate tions, including those in any international ilized nations grow more and more re- which concluded that the production of agreements, incompatible with the obliga- luctant to contemplate ever using new binary agents like the novichok tions undertaken under this Convention, these abhorrent weapons. chemicals, ‘‘would be difficult to detect which would restrict or impede trade and the To make the Protocol more than a development and promotion of scientific and and confirm as a CWC-prohibited activ- technological knowledge in the field of ‘‘no first use’’ agreement—in other ity.’’ chemistry for industrial, agricultural, re- words, to free it of its dependence on a Clinton administration claims that search, medical, pharmaceutical or other credible threat of retaliation in kind— the chemicals used to produce the peaceful purposes. would require states that are party to S3926 CONGRESSIONAL RECORD — SENATE May 1, 1997 it impose strong sanction to any and The act will also strengthen and rein- IN MEMORY OF OWEN WILLIAMS all violations. This did not happen force deterrence against the use of ∑ Mr. COVERDELL. Mr. President, too when Iraq used chemical weapons in chemical and biological weapons. often, it seems good deeds and public the mid-1980’s and later in the decade. Strong controls on trade in these weap- service go unrecognized while it is pre- Diplomats met in 1989 to address the ons, as called for in the legislation, will cisely the proprietors of these acts who gassing of the Kurds and, faced with in- make it more difficult and raise the hold our communities together. I controvertible proof of an abrogation costs for rogue nations to acquire of- would like to take a moment to recog- of the Geneva Protocol, did not sanc- fensive chemical and biological weap- nize one of these proprietors who I call tion Iraq. Many experts believe that ons capabilities. Improvements in U.S. unsung heroes. On Saturday, March 1 the most productive measure to coun- and allied chemical and biological de- of this year, a dear friend and colleague teract chemical weapons is to develop fenses, also mandated by the act, will of mine, Owen Williams, and his son, meaningful international sanctions serve to devalue the potential political Alfredo, were tragically killed by a that could be added to the Geneva Pro- and military utility of these weapons drunk driver in my home State of tocol to give it teeth. Had a Geneva by would-be opponents. And the re- Georgia. Protocol enforcement mechanism been quirement that tough sanctions be im- Owen was a true hero in my eyes— in place and acted upon when Iraq first posed against any nation that uses poi- bright, devout, and committed to his used its CW arsenal, Iraq’s further re- son gas should reduce the chance that wife Carolyn and eight children. A finement of a chemical war-fighting ca- such weapons would be used in the first former Vietnam combat veteran, Owen pability may have been slowed or even place. was dedicated to his community, his halted before Saddam threatened U.S. country, and his God. S. 495 recognizes that we can’t go it soldiers with these same weapons dur- When I issued a call to action for alone when it comes to dealing with ing the gulf war. Georgians to help reduce the rising tide This approach offers a significant ad- chemical and biological weapons of teen drug use, Owen was one of the vantage: it would resolve the verifica- threats. True, some things we can and first to answer. He served in a volun- tion issue. It is relatively easy to de- should do on a unilateral basis. But teer capacity as chairman of the Bibb tect use as opposed to possession. It is sensible international action, focused County Operation Drug Free Georgia likely that a nation on the receiving on concrete and achievable measures, Committee and was making great end of a chemical attack would wel- must likewise be an essential compo- strides in his community with the pro- come international inspectors to con- nent of our strategy. The legislation gram. firm that a violation has occurred and encourages our allies and potential co- This Saturday, at our second annual to garner worldwide condemnation of alition partners to match our efforts statewide drug summit, which is dedi- the perpetrator. The second advantage and improve their military capabilities cated to the memory of Owen and is that, as I earlier indicated, several of against chemical and biological weap- Alfredo, I will present the First Amer- the nations we are most worried ons. The legislation also seeks multi- ican Hero Award to Owen’s family for about—that have not ratified the lateral agreement on enforcement the great contributions he made to CWC—have already ratified the Geneva mechanisms for the 1925 Geneva Proto- those around him. It has been said that Protocol. I am speaking of Cuba, Iraq, col. the mark of a great man is that his North Korea, and the former Soviet The Chemical and Biological Weap- deeds touch the lives of others even Union. ons Threat Reduction Act thus pro- after he is gone. I know this will be PRESSING RUSSIA TO UPHOLD ITS EXISTING vides a sensible and effective plan that true of Owen. This is a tragic loss, par- COMMITMENTS CWC critics and proponents alike In addition, the United States must ticularly for me, but the work that make a high priority holding Russia to should support. By enacting and imple- Owen has done will continue to serve its commitments under the 1989 memo- menting the act, the United States will as an inspiration to us all.∑ randum of understanding and the 1990 lead by example, and will underscore f its commitment to bringing together bilateral agreement to destroy chemi- CHILDREN’S HEALTH INSURANCE like-minded friends and allies to make cal weapons. The current administra- PROVIDES SECURITY (CHIPS) ACT tion has not been forceful in making unthinkable the resort to chemical or biological weapons. ∑ Mr. CHAFEE. Mr. President, yester- clear we expect compliance. Progress day I introduced S. 674 along with Sen- made between the two countries on CONCLUSION ator ROCKEFELLER and others. I ask this issue need not be wasted, if we Arms-control treaties, at the end of that the text of bill S. 674 be printed in really mean to do something about the RECORD. chemical warfare. the day, are not a substitute for de- fense preparedness. A treaty as flawed The text of the bill follows: IMPLEMENTING THE CHEMICAL AND BIOLOGICAL S. 674 WEAPONS THREAT REDUCTION ACT (S.495) as the Chemical Weapons Convention is Finally, there are additional steps we worth less to our country than the uni- Be it enacted by the Senate and House of Rep- can, and should, take. The Senate lateral actions the United States can resentatives of the United States of America in Congress assembled, passed on March 20 the Chemical and and must take to ensure the protection Biological Weapons Threat Reduction and the survival of its citizens. The SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Children’s Act (S. 495). This legislation provides a entry into force of the CWC—with or without American participation—will Health Insurance Provides Security (CHIPS) comprehensive package of domestic Act of 1997’’. not bring us a world in which these ter- and international measures aimed at SEC. 2. ENCOURAGING STATES THROUGH IN- reducing chemical, as well as biologi- rible weapons are no longer manufac- CREASED FEDERAL MEDICAL AS- cal, weapons threats to the United tured or stockpiled. Nor can we say SISTANCE PERCENTAGE (FMAP) TO States, its citizens, its armed forces they will never be used. When words, EXPAND MEDICAID COVERAGE OF CHILDREN AND PREGNANT WOMEN. and those of our allies. It sets forth diplomacy, and international docu- ments signed with the best of inten- (a) INCREASED FMAP FOR MEDICAL ASSIST- practical and realistic steps to achieve ANCE FOR CERTAIN INDIVIDUALS.—Section 1905 this objective. tions fail to protect populations from of the Social Security Act (42 U.S.C. 1396d) is The act fills important gaps in U.S. the threat of attack with these inhu- amended— law by outlawing the entire range of man weapons, every nation falls back (1) in subsection (b), by adding at the end chemical and biological weapons ac- upon its ability to preempt or repel the following new sentence: ‘‘Notwithstand- tivities. Quite remarkably, the posses- such an attack. It would be irrespon- ing the first sentence of this subsection, in sion of chemical weapons is not today sible to let down our guard in this re- the case of a State plan that meets the con- a criminal offense. S. 495 corrects that spect, for history has shown us that ditions described in subsection (t)(1), with respect to expenditures for medical assist- untenable situation, and sets out still treaties—even well-crafted ones—can- ance for individuals within an optional cov- criminal, civil, and other penalties the not replace the political and military erage group (as defined in subsection (t)(2)) spectrum of chemical and biological will that are necessary to oppose acts the Federal medical assistance percentage is weapons related activities. of aggression.∑ equal to the enhanced medical assistance May 1, 1997 CONGRESSIONAL RECORD — SENATE S3927 percentage described in subsection (t)(3).’’; ‘‘(12) At the option of the State, the plan tioning of eligibility workers at sites, such and may provide that an individual who is under as hospitals and health clinics, at which chil- (2) by adding at the end the following new an age specified by the State (not to exceed dren receive health care or related services. subsection: 19 years of age) and who is determined to be (c) APPLICATION, ETC.—Funding shall be ‘‘(t)(1) The conditions described in this eligible for benefits under a State plan ap- made available under this section only upon paragraph for a State plan are as follows: proved under this title under subsection the approval of an application by a State, lo- ‘‘(A) The plan provides (either through ex- (a)(10)(A) shall remain eligible for those ben- cality, or nonprofit entity for such funding ercise of the option under section efits until the earlier of— and only upon such terms and conditions as 1902(l)(1)(D) or authority under section ‘‘(A) the end of a period (not to exceed 12 the Secretary specifies. 1902(r)(2)) for coverage under section months) following the determination; or (d) ADMINISTRATION.—The Secretary may 1902(l)(1)(D) of individuals under 19 years of ‘‘(B) the time that the individual exceeds administer the grant program under this sec- age, regardless of date of birth. that age.’’. tion through the identifiable administrative ‘‘(B) The plan provides under section (e) EFFECTIVE DATE.—The amendments unit designated under section 509(a) of the 1902(e)(12) for continuous eligibility for a pe- made by this section shall apply to medical Social Security Act (42 U.S.C. 709(a)) to pro- riod of 12 months (under subparagraph (A) of assistance for items and services furnished mote coordination of medicaid and maternal such section) of all individuals under 19 on or after January 1, 1998. and child health activities and other child years of age who are determined to be eligi- SEC. 3. EMPLOYER CONTRIBUTIONS TO PRE- health related activities.∑ ble for benefits under a State plan approved MIUMS. f under this title under section 1902(a)(10)(A). (a) GENERAL RULE.—Any employer which ‘‘(2) For purposes of subsection (b), the elects to make employer contributions on FRANKLIN DELANO ROOSEVELT term ‘optional coverage group’ means indi- MEMORIAL DEDICATION viduals described in each of the following behalf of an individual who is an employee of subparagraphs: such employer, or who is a dependent of such ∑ Mr. LEVIN. Mr. President, tomor- ‘‘(A) PREGNANT WOMEN WITH FAMILY INCOME employee, for health insurance coverage row, May 2, we will dedicate a memo- shall not condition, or vary, such contribu- BETWEEN 133 PERCENT AND 150 PERCENT OF POV- rial on the Tidal Basin in West Poto- tions with respect to any such individual by ERTY LINE.—Women described in subpara- mac Park to one of America’s greatest graph (A) of section 1902(l)(1) whose family reason of such individual’s status as an indi- vidual eligible for medical assistance under a Presidents, a towering figure in the income exceeds 133 percent, but does not ex- history of the 20th century, Franklin ceed 150 percent, of the poverty line for a State plan under title XIX of the Social Se- family of the size involved. curity Act (42 U.S.C. 1396 et seq.). Delano Roosevelt. ‘‘(B) INFANTS WITH FAMILY INCOME BETWEEN (b) ELIMINATION OF CONTRIBUTIONS.—An A memorial to FDR was first pro- 133 PERCENT AND 150 PERCENT OF POVERTY employer shall not be treated as failing to posed in the Congress as early as 1946. LINE.—Infants described in subparagraph (B) meet the requirements of subsection (a) if The FDR Memorial Commission was fi- of section 1902(l)(1) whose family income ex- the employer ceases to make employer con- nally established, by law, in 1955. It has ceeds 133 percent, but does not exceed 150 tributions for health insurance coverage for taken 42 years to complete this effort. all its employees. percent, of the poverty line for a family of I am proud to have served on the Me- (c) ENFORCEMENT.—The enforcement provi- the size involved. morial Commission. Tomorrow, will be ‘‘(C) CHILDREN UNDER 6 YEARS OF AGE WITH sions applicable to group health insurance FAMILY INCOME BETWEEN 133 PERCENT AND 150 coverage under the amendments made by a great day for Americans, a day to PERCENT OF POVERTY LINE.—Children de- section 101(e)(2) of the Health Insurance look back and remember FDR, his scribed in subparagraph (C) of section Portability and Accountability Act of 1996 enormous contribution to all of our 1902(l)(1) whose family income exceeds 133 (Public Law 104–191; 110 Stat. 1952) shall lives and the contribution of the gen- percent, but does not exceed 150 percent, of apply with respect to an employer that vio- eration of Americans who struggled the poverty line for a family of the size in- lates the provisions of this section in the through the depression and valiantly same manner as such provisions apply to em- volved. defeated fascism; a day to admire the ‘‘(D) OLDER CHILDREN WITH FAMILY INCOME ployers under such amendments. beauty and to be inspired by the art of BETWEEN 100 PERCENT AND 150 PERCENT OF POV- SEC. 4. GRANT PROGRAM TO PROMOTE OUT- ERTY LINE.—Children described in subpara- REACH EFFORTS. this great new addition to our capital graph (D) of section 1902(l)(1), who are not (a) AUTHORIZATION OF APPROPRIATIONS.— city’s memorials; and a day to con- described in any of subclauses (I) through There are authorized to be appropriated, for template America’s future and the con- (III) of section 1902(a)(10)(A)(i), and whose each fiscal year beginning with fiscal year tribution that this memorial will make family income exceeds 100 percent, but does 1998 to the Secretary of Health and Human to the understanding that future gen- not exceed 150 percent, of the poverty line Services, $25,000,000 for grants to States, lo- erations will have of one of the most for a family of the size involved. calities, and nonprofit entities to promote ‘‘(3) The enhanced medical assistance per- critical eras of our history. outreach efforts to enroll eligible children This memorial is a expression of centage described in this paragraph for a under the medicaid program under title XIX State is equal to the Federal medical assist- of the Social Security Act (42 U.S.C. 1396 et what America is all about. It is what ance percentage (as defined in the first sen- seq.) and related programs. America can do to overcome challenges tence of subsection (b)) for the State in- (b) USE OF FUNDS.—Funds under this sec- of depression and war. Roosevelt im- creased (but not above 90 percent) by the tion may be used to reimburse States, local- bued hope and he instilled optimism in number of percentage points equal to 30 per- ities, and nonprofit entities for additional a people who were down and out in a cent of the number of percentage points by training and administrative costs associated which (A) such Federal medical assistance depression and then attacked when we with outreach activities. Such activities in- were down, by Japan at Pearl Harbor. percentage for the State, is less than (B) 100 clude the following: percent.’’. Franklin Roosevelt was an inspira- (1) USE OF A COMMON APPLICATION FORM FOR (b) STATE OPTION TO EXPAND ELIGIBILITY TO tional leader because of his optimism FEDERAL CHILD ASSISTANCE PROGRAMS.—Im- 150 PERCENT OF POVERTY LINE FOR CHILDREN plementing use of a single application form in the face of the long odds our Nation OVER 1 YEAR OF AGE.—Section 1902(l)(2) of (established by the Secretary and based on faced. He was our voice. He reflected such Act (42 U.S.C. 1396a(l)(2)) is amended— the model application forms developed under our hopes. He continues to inspire us (1) in subparagraph (B), by striking ‘‘equal subsections (a) and (b) of section 6506 of the to 133 percent’’ and inserting ‘‘a percentage today because he showed what we can Omnibus Budget Reconciliation Act of 1989 (specified by the State and not less than 133 do when we pull together as a people. (42 U.S.C. 701 note; 1396a note)) to determine percent and not more than 150 percent)’’, and And, this new memorial will help to the eligibility of a child or the child’s family (2) in subparagraph (C), by striking ‘‘equal keep FDR’s legacy inspiring Americans (as applicable) for assistance or benefits to 100 percent’’ and inserting ‘‘a percentage under the medicaid program and under other for the centuries ahead. (specified by the State and not less than 100 Federal child assistance programs (such as Roosevelt saw the positive role of percent and not more than 150 percent)’’. the temporary assistance for needy families Government in the economy, pulling us (c) CLARIFICATION OF STATE OPTION TO out of the depression and in times of a COVER ALL CHILDREN UNDER 19 YEARS OF program under part A of title IV of the So- AGE.—Section 1902(l)(1)(D) of such Act (42 cial Security Act (42 U.S.C. 601 et seq.), the world war, when we had to pull to- U.S.C. 1396a(l)(1)(D)) is amended by inserting food stamp program, as defined in section gether. But he was also willing to ex- ‘‘(or, at the option of a State, after any ear- 3(h) of the Food Stamp Act of 1977 (7 U.S.C. periment. He was not somebody who lier date)’’ after ‘‘children born after Sep- 2012(h)), and the State program for foster would hang onto a program if it wasn’t tember 30, 1983’’. care maintenance payments and adoption as- working. He believed that Government sistance payments under part E of title IV of (d) STATE OPTION OF CONTINUOUS ELIGI- programs could make a positive dif- BILITY FOR 12 MONTHS.—Section 1902(e) of the Social Security Act (42 U.S.C. 670 et such Act (42 U.S.C. 1396a(e)) is amended by seq.)). ference. And they did for millions. But adding at the end the following new para- (2) EXPANDING OUTSTATIONING OF ELIGI- he also believed that if Government graph: BILITY PERSONNEL.—Providing for the sta- programs were not working that we S3928 CONGRESSIONAL RECORD — SENATE May 1, 1997 should either make them work or drop when the great man died. * * * My parents, tional Assoc. of C.C.C. Alumni, Grayling, them. This is a model we would do well who are now gone, would be very proud to Michigan. to keep in mind in the weeks, and the know they are taking part in this tribute to My mother named me Franklin Delano Mr. Roosevelt.—Mike Angeli, Marquette, Garrison in his honor. From the time I was years ahead as Congress grapples with Michigan. a small child I took a great pride in being the difficult problems of balancing the About ten years ago, I appeared before the named for someone who was a hero to every- needs of people, and the role of Govern- county board to obtain approval for a grant one I knew, even though at first I wasn’t ment in addressing those needs with to fund a senior citizens feeding program. really sure why. Then I came to understand the demands of fiscal responsibility. The chairman of the board got very upset that my family was eating only because the The memorial will also honor the calling me something like ‘‘a big spending- New Deal was providing some food assist- memory and contributions of the First liberal-government interferer * * * (like ance, and my father was working only be- Lady who as the eyes and ears of the FDR)’’. I told him I’m not old enough to have cause the Works Progress Administration served with President Roosevelt, but that he President traveled hundreds of thou- was providing jobs. I came to see for myself is an idol of mine and that I was extremely the hardships that the Depression had sands of miles visiting Americans in honored to have been put in the same cat- brought to the old, the hungry and the de- every walk of life. egory.—Ron Calery, Chippewa-Mackinac- serted—and to realize that one man had led Mr. President, I want to mention a Luce Community, Action Agency Director, the nation in providing not only sustenance few of my own memories of F.D.R. Dur- Sault Ste. Marie, Michigan. but also hope where both had been lost.— ing the Roosevelt years, I was a young When FDR ran, the stock market had Franklin Delano Garrison, President, Michi- boy, but I can clearly remember the crashed and times were tough. There were no gan State AFL-CIO, Lansing, Michigan. strength of his voice in those fireside jobs and no money. Hoover ran on a platform I am very happy that President Roosevelt of ‘‘a chicken in every pot’’, but people want- chats. And I remember the conversa- is finally having a memorial dedicated in his ed a job. Roosevelt won in a landslide, after honor. I am 83 years old and lived through tion around the family’s dinner table he said he would put people back to work. He the Depression, and know how bad times about what a great leader he was. did just that. were. Before the election of President Roo- I remember scouting the streets for Everyone had bills, and few people had the sevelt, I worked on welfare for $2.00 a day for discarded empty cigarette packs. This money to pay them. So a situation was cre- an eight hour shift. was something kids did. We stripped off ated where people could work off their bills. With President Roosevelt’s election times the tin foil linings and brought them to If you had to go to the hospital while on wel- got better. With the New Deal of the WPA, I school where they were rolled together fare, you worked the bill off with the city by got $22.00 a week for a four day six hour sweeping streets or picking up trash or to create large balls of the metal, shift. I will always be grateful to President cleaning the parks. Each time you worked, Roosevelt for social security, unemployment which could be recycled for the war ef- you would reduce your bill. Though there benefits and being able to unionize for better fort. This gave us an enormous sense of were years we didn’t have two nickels to rub wages and benefits and to protect jobs. Presi- being a part of the effort and of re- together, we survived.—Arthur Carron, Bark dent Roosevelt will always be my idol.— sponding to Roosevelt’s call for partici- River, Michigan. Rudy Gregorich, Painesdale, Michigan. pation. FDR literally transformed the country We members of the Eighth Armored Divi- And, I remember his dog, Fala. Espe- from a feeling of overwhelming despair to sion had been on the march, without a break, cially for a young boy Fala was a big hope and confidence. When Roosevelt was around the clock, for days—sometimes unop- elected I was approaching my 16th birthday. part of the Roosevelt persona. That’s posed, in other places, held up by the famil- On the west side of Detroit in a neighbor- iar and bitter last-ditch Nazi resistance. why, when I noted the fact that his hood of autoworkers practically everyone At last, late one morning, a halt was sig- dog, which meant so much to him and was jobless. The giant Ford Rouge plant was naled. We dropped—dirty, hungry, and al- to the Nation, which was such a symbol working at 25 percent of capacity. Other most unconscious—and slept, some in the of his warmth and humanity, was left auto companies and all of the auto supplier ditches along the road, others stretched out out of the monument, I suggested Fala companies were in a similar situation. My on the rear decks of their tanks, others be represented in the memorial and the father and the fathers of all my boyhood where they sat in tank turrets, in half commission agreed. So, tomorrow as friends were unemployed. Men who were tracks, or on truck seats. really willing and anxious to work. There Then a startling message started down the the statues of Franklin and of Eleanor was a feeling of desperation and hopeless- line from the lead vehicle, which had a short- are unveiled, a little statue of Fala, ness. Most important of all they lost their wave radio. Men, as they heard it, shook the recognizing his historic role, will also sense of dignity when they could not provide next man awake and passed it on: President be there as well, helping to connect for their families. Roosevelt, through the Roosevelt was dead. FDR to future generations of visitors, various governmental programs, gave these In a sense, President Roosevelt was a sol- especially our kids and grandkids. men hope and a sense of well being they had dier in that fight—just like us. And like us, Mr. President, now I would like to not experienced for some time.—Doug Fra- this good man was exhausted. He was a cas- honor the memory of this great Amer- ser, Professor of Labor Studies, Wayne State ualty of the war. But he had the satisfaction U., Former President of U.A.W., Northville, of knowing that he left the field with the ican President by reading some of the Michigan. battle well in hand.—Jack R. Hendrickson, anecdotes and sentiments of people Oliver Wendell Holmes once said, ‘‘A man’s Ph.D., Birmingham, Michigan. from Michigan, where he is well re- mind stretched by a new idea, will never re- The year may have been 1932, or 1934, and membered by seniors and veterans, and turn to its former dimension.’’ I was one of my mother a widow of some 60 years had even by many who know him only from those fortunate unemployed young men who been left well-provided for by my father at film and audio tape, but remembered joined with over three million other des- his death in 1931. But the Great Depression with reverence and often with at least titute kids and signed up with the Civilian struck the USA and its economy was stag- Conservation Corps. nant, mired down, seemingly unable to extri- one tear in the eye. It seems that FDR scratched out his C.C.C. cate itself from the doldrums it found itself I have asked my constituents in idea on a restaurant napkin. This vision was caught in . . . Michigan to send to me some of their an unprecedented gamble in bringing a bank- It was a time of calamity, of no one know- remembrances of FDR. I have received rupt nation back on its feet. I was one of ing quite what to do. Mother had never expe- many moving and inspiring stories. I those three million who was lifted from the rienced this type of emergency in her long want to share some of those with my depths of despair, each given a chance to life. There was little or no relief in sight. colleagues in the Senate today. earn self-respect, dignity and self-esteem. Radio broadcasts were discouraging and gave How does a nation measure a dimension such no hint of the end of the Depression in sight. f as that? Just consider the families that My sister, married with three little ones, re- MICHIGAN REMEMBERS F.D.R. these men represented, grateful for the calls walking three or more miles to obtain Back in the 1920’s, my father Alfred Angeli monthly $25.00 and the succor it supplied. government free food and carrying it home, and a number of his friends came over to this I can testify to that. Sixty-four years ago walking as she had come. country to escape the Fascism and Com- when men’s spirits were tested by want and The one light on the horizon in the midst munism in Italy. They found a new life here deprivation, it seems like only yesterday of this gloom was the radio program when in America and they adored Franklin Delano that I walked into that welfare office. I was President Delano Roosevelt, elected a few Roosevelt. They had great respect for him not afraid of the hunger, but the indignity it months previously, would address the people for the job he did in creating jobs and put- caused. I felt not a pain in my stomach, but in his famous fireside chats. His voice sooth- ting everybody back to work. an ache in my heart. . .I was sworn into the ing, deep-textured, commanding confidence My father and about eight of his friends C.C.C. Now, I was accepted, now I could say, as he spoke words of optimism were most were very serious in their respect for FDR, ‘‘Hello to tomorrow’’. I became a member of welcome by the bewildered public. ‘‘We have and honored him by naming their hunting an idea whose time had come. Roosevelt’s nothing to fear, except fear itself,’’ he said camp ’Campobello’. It was a very sad day tree army.—Rev. Bill Fraser, First V.P. Na- on one momentous occasion. How the people May 1, 1997 CONGRESSIONAL RECORD — SENATE S3929 clung to his words bearing hope that this tasks, such as planting trees, building roads, Now we in Warren are trying to follow his President of the United States instilled over erosion control, fighting forest fires, miles of example, as we work to transform the re- the air. As someone noted sixty years later, fire trails and telephone lines strung, and cently abandoned tank plant into a new kind FDR could not raise himself from a chair, other conservation related work. of arsenal: an arsenal for economic growth. but by moral strength was able to lift a I had just turned 18 when I heard about the As I go to work each day, I frequently ask great nation out of the Depression in the program, and at the time was a barber’s ap- myself what President Roosevelt would have Thirties! All America hung onto his words, prentice in Cascade, Michigan * * * The Ci- done with today’s issues. Looking at the fu- hung on to the confidence he instilled, in vilian Conservation Corps sounded like the ture of his Arsenal for Democracy, I believe their government, in their country, awaiting answer to my situation, and I immediately that FDR would be pleased.—Mark A. with patience for the clouds of Depression to made myself available. * * * Steenbergh, Mayor, City of Warren, Warren, lift!—Dr. Marie Heyda, O.P., Grand Rapids After leaving the C.C.C. camps, I enlisted Michigan. in the U.S. Navy * ** While assigned to the Dominicans, Grand Rapids, Michigan. My father subscribed to the Chicago Trib- Sick Officer’s Ward, I was attendant to then My younger sister was in the wars and had une during the depression since it was the Secretary of the Navy, Claude Swanson. Dur- the honor of meeting President Roosevelt at cheapest paper in town at two cents a copy. ing that time President Roosevelt visited his summer home. The Tribune had cartoonist by the name of Swanson twice * ** This was a great honor I feel that FDR was one of the greatest ‘Orr’. His cartoon appeared on the front page for me to have the opportunity to stand presidents that ever lived. Even though he of the Tribune and more often than not, his was so educated, he still was for the average close to the President of the United States. * * * Following a military career, I be- work of art was a slam against President person. He did so much for the people while Roosevelt. As it turned out, the subscription in office.—Kathryn V. Holden, Saginaw, came involved in organizing a civilian con- servation corps alumni group here in Grand was a bad deal for my father, because my Michigan. mother, being a staunch Democrat and a * * * 1940. I was pregnant * * * and New- Rapids, Michigan. * * * with the support of the C.C.C. Alumni veterans, was able to con- supporter of FDR, would wait for the mail- man, my husband, was working for Labor’s man and promptly put the paper in the Nonpartisan League in the office of the vince Governor Blanchard, and the state leg- islature, to establish a Michigan Civilian stove.—James F. Sodergren, Marquette Philadelphia Joint Board, Amalgamated County Treasurer, Ishpeming, Michigan. Clothing Workers of America, 2000 South Conservation Corps patterned after Roo- Street. sevelt’s depression era C.C.C. program.— I was a high school teacher during the Since I was not working and had no child Frank Munger, Grand Rapids, Michigan. Great Depression. According to my memory, My uncle, Billy Rogers, living in Chicago, care needs, I was a volunteer in the office, the American people had great faith and be- was one of the many. No job, no money and handing out literature at rallies and some lieved that our President would do what was dependent on the small income of his mother house to house visiting in North Philly, in best for the ‘‘common good.’’ We listened gave him little hope for the future. Thank the Kensington area and a bit in South carefully and with pride to his fireside God for the C.C.C.! They took him in—fed Philly. chats. * * * and clothed him, taught him the value of Our work culminated in a huge rally for And today, as we drive over miles of paved manual labor and gave him a sense of pride. the President in the stadium, shortly before roads in northern Michigan, we marvel at Friendships made in camp endured for many the election. It was raining and my husband the lines of majestic evergreens —so beau- years. tiful in summer and effective snow-barriers and friends did not think I should go. But I Diligent work and a cheerful attitude did, and it was the most impressive, exciting earned him the most coveted job in camp: in winter! I relate with pride the work of the and largest rally I ever participated in. truck driver! After completing his enroll- C.C.C., that group of younger men who My labor came early, and daughter Sharon ment, he returned to Chicago. Due to his ex- earned their livelihood at that time by was born at St. Luke’s Hospital November 3, perience, he was eligible to join the Team- beautifying and preserving Michigan’s natu- the election was the next day * * * Since I sters Union and continued working as an ral environment. Roosevelt’s foresight has had made no plans for an absentee ballot and over-the-road truck driver until he retired. kept Michigan a wonderful state!—Sister there was no way I could get one of those All this due to the vision and persistence of Agnes Thiel, O.P., Grand Rapids Dominicans, days, I missed my opportunity to vote for one man—F.D.R.!—William Oberschmidt, Grand Rapids, Michigan.∑ the third term of FDR. The only time in my Saginaw, Michigan. life I have failed to vote in an election either *** on April 12, 1945. I was 13 years old at f primary or general.—Mildred Jeffrey, De- the time and I remember the nuns grieving troit, Michigan. at school and how sad everyone felt. It’s When the 73rd Congress opened * * * FDR about all anyone talked about or what you HONORING THE LIFETIME bombarded Congress with bills to stimulate heard on the radio. ACHIEVEMENTS OF JACKIE ROB- the economy. During his first month in of- I don’t think I understood the full impact INSON fice, he used his authority * * * to establish of what Roosevelt had accomplished until I the Public Works Administration which was stationed in the Pacific during the Ko- Mr. BENNETT. Mr. President, I ask helped my father while laid off from the rail- rean War. I spent time on many of the Pa- unanimous consent that the Commerce road for about a year.—Leonard Klemm, cific Islands where the war took place and it Committee be discharged from further Saginaw, Michigan. made me realize what he had done to guide consideration of House Concurrent Res- President Roosevelt really left a great im- us through the second World War * * *— olution 61, and that the Senate proceed pact upon our country. He came into office Jack Salter, Royal Oak, Michigan. at the time of the Great Depression and did As a public official, I have given a lot of to its consideration. much to relieve the suffering of the people thought to the question of leadership. What The PRESIDING OFFICER. Without and to restore confidence in our banking sys- is leadership and how does it manifest itself objection, it is so ordered. The clerk tem and the Government in general. He won in public life? Although the answer to that will report. great respect through his fireside chats, question is far from clear or simple, it seems radio connection and as the first President to be embodied in the memory of the person The bill clerk read as follows: to address the nation on national tele- I consider our nation’s greatest president, A concurrent resolution (H. Con. Res. 61) vision.—B.L. Little, Saginaw, Michigan. Franklin Delano Roosevelt. honoring the lifetime achievements of Jack- I had only one personal encounter with My father was one of the millions who ie Robinson. President Roosevelt, but it is one I can recall found themselves out of work after the Crash quite vividly even today. ** * FDR had been of 1929. He directly benefited from President There being no objection, the Senate campaigning for reelection that day in New Roosevelt’s policies, taking part in the Civil- proceeded to consider the concurrent England, but the end of the day had brought ian Conservation Corps. That program resolution. him to New York. By chance we saw his mo- helped my dad get back on his feet, giving torcade, which couldn’t have been more than him, along with millions of others, hope and Mr. BENNETT. Mr. President, I ask two or three cars. purpose at a time when both seemed in short unanimous consent that the resolution He rode in an open car, and I can still see supply. be agreed to, the preamble be agreed him waving his hat and smiling as he passed Years later, facing another crisis—World to, and the motion to reconsider be laid by. He was an inspiration to me then and he War II—President Roosevelt came to my upon the table. continues to inspire me today.—William G. hometown, Warren, to visit the tank plant Milliken, Former Michigan Governor, Tra- that was then producing Sherman Tanks by The PRESIDING OFFICER. Without verse City, Michigan. the thousands. Moved by the sacrifice, com- objection, it is so ordered. I became aware that President Roosevelt mitment and ingenuity of the people of The concurrent resolution (H. Con. was planning to recruit thousands of youths southeast Michigan working to ensure that Res. 61) was agreed to. between ages 18 and 25 to serve in forestry Naziism was defeated, he dubbed that plant camps throughout the nation to perform the ‘‘Arsenal of Democracy.’’ The preamble was agreed to. S3930 CONGRESSIONAL RECORD — SENATE May 1, 1997 AUTHORIZING A PERMANENT AD- wheelchairs. A cabinetmaker is build- depiction of FDR with his disability at DITION TO THE FRANKLIN DELA- ing the chair and other wooden parts, a the memorial. Our challenge now is to NO ROOSEVELT MEMORIAL IN wheelmaker is producing 18-inch rims take the necessary steps to make this WASHINGTON, DC and tires and a metalsmith is assem- additional statue part of the FDR Me- Mr. BENNETT. Mr. President, I ask bling the completed chair. morial as soon as possible. unanimous consent that the Senate In addition, in the memorial’s entry Mr. BENNETT. Mr. President, I ask now proceed to the consideration of building there will be a display of unanimous consent that the joint reso- Senate Joint Resolution 29, submitted mounted photographs of President lution be considered read a third time earlier today by Senator INOUYE. Roosevelt, including one of the two and passed, the preamble be agreed to, The PRESIDING OFFICER. The known photographs of him in a wheel- the motion to reconsider be laid upon clerk will report. chair. The photograph to be displayed the table, and that any statements re- The bill clerk read as follows: will be 12 inches tall and 9 inches wide. lating to the joint resolution appear at A joint resolution (S.J. Res. 29) to direct Also included in the memorial is a the appropriate place in the RECORD. the Secretary of the Interior to design and time line of the major events of FDR’s The PRESIDING OFFICER. Without construct a permanent addition to the life, carved in granite, which states: objection, it is so ordered. Franklin Delano Roosevelt Memorial in ‘‘1921 stricken with poliomyelitis—he The joint resolution (S.J. Res. 29) Washington, D.C., and for other purposes. never again walked unaided.’’ was deemed read the third time and The PRESIDING OFFICER. Is there The Commission tried its best to en- passed. objection to the immediate consider- sure that the initial wishes of the Roo- The preamble was agreed to. ation of the joint resolution? sevelt family were carried out, along The joint resolution, with its pre- There being no objection, the Senate with the design plans approved by the amble, is as follows: proceeded to consider the joint resolu- Commission of Fine Arts. The Commis- S.J. RES. 29 tion. sion has also tried to be sensitive to Mr. INOUYE. Mr. President, at the Whereas President Franklin Delano Roo- the concerns of those citizens having to sevelt, after contracting poliomyelitis, re- request of President Clinton, I rise to spend their lives in a wheelchair. It is quired the use of a wheelchair for mobility introduce legislation which directs the true that the depiction of President and lived with this condition while leading Secretary of the Interior to plan for Roosevelt in a wheelchair will inspire the United States through some of its most the design and construction of a per- the tragically afflicted. It may very difficult times; and manent addition to the Franklin Dela- well be a more honest way to depict Whereas President Roosevelt’s courage, no Roosevelt [FDR] Memorial. President Roosevelt. leadership, and success should serve as an ex- The FDR Memorial Commission was Accordingly, at President Clinton’s ample and inspiration for all Americans: Now, therefore, be it organized in 1955 for the purpose of request, I am pleased to introduce this Resolved by the Senate and House of Rep- considering and formulating plans for legislation which directs the Secretary resentatives of the United States of America in the design, construction, and location of the Interior to plan for the design Congress assembled, of a permanent memorial to President and construction of a permanent addi- SECTION 1. ADDITION TO FRANKLIN DELANO Roosevelt. I have had the distinct tion to the FDR Memorial, and I thank ROOSEVELT MEMORIAL. pleasure of serving on the Commission my colleagues for their support and in (a) PLAN.—The Secretary of the Interior for 27 years along with our former col- the Senate acting expeditiously. (referred to in this Act as the ‘‘Secretary’’) league, Senator Mark O. Hatfield. Mr. HARKIN. Mr. President, I am shall plan for the design and construction of The FDR Memorial will be dedicated very pleased to join with my good an addition of a permanent statue, bas-relief, or other similar structure to the Franklin on Friday, May 2, 1997. This memorial friend and colleague Senator INOUYE in represents a plan and design that has Delano Roosevelt Memorial in Washington, introducing legislation submitted by D.C. (referred to in this Act as the ‘‘Memo- undergone extensive review and study the Clinton administration to require rial’’), to provide recognition of the fact that by the Commission of Fine Arts, the the addition of a statue portraying President Roosevelt’s leadership in the National Park Service, the Department FDR and his disability. This is an im- struggle by the United States for peace, well- of the Interior, and the Congress. After portant measure that I hope will be being, and human dignity was provided while 23 years, and three design competi- quickly approved. the President used a wheelchair. tions, one of which bestowed a $50,000 I have always said that it took a dis- (b) COMMISSION OF FINE ARTS.—The Sec- award, the final design for the memo- abled President to lead a disabled na- retary shall obtain the approval of the Com- rial was approved in 1978. tion. President Clinton has taken the mission of Fine Arts for the design plan cre- ated under subsection (a). Approximately 2 years ago, after all right step in improving the FDR Me- (c) REPORT.—As soon as practicable, the design plans were approved, all funding morial by allowing Americans to view Secretary shall report to Congress and the appropriated by the Congress, and the a more complete picture of one of our President on findings and recommendations construction of the memorial was well Nation’s greatest Presidents. for the addition to the Memorial. underway, the disabled community I look forward to the long-awaited (d) CONSTRUCTION.—Beginning on the date made a demand that the Commission dedication of the FDR Memorial this that is 120 days after submission of the re- add another statue of FDR in a wheel- Friday. I have long thought this very port to Congress under subsection (c), using chair. In the early days, the children of important new memorial should in- only private contributions, the Secretary Franklin and Eleanor Roosevelt made clude a statue depicting FDR in a shall construct the addition according to the plan created under subsection (a). it clear they wanted no statue showing wheelchair. Contrary to popular belief, President Roosevelt in a wheelchair. I President Roosevelt did at times pur- SEC. 2. POWERS OF THE SECRETARY. To carry out this Act, the Secretary may— might add that during the approval posely display his disability to inspire (1) hold hearings and organize contests; process no member of the disabled wounded veterans, persons with polio, and community came forth to request the and other groups of Americans. A stat- (2) request the assistance and advice of Commission amend the design plans for ue portraying his disability will stand members of the disability community, the the memorial. as a reminder to current and future Commission of Fine Arts, and the National However, in an effort to be sensitive generations of Americans that disabil- Capital Planning Commission, and the Com- to their concerns yet historically accu- ity is a natural part of the human ex- missions shall render the assistance and ad- rate, the Commission agreed to display perience that in no way diminishes the vice requested. an exact replica of one of President ability of a person to fully participate SEC. 3. COMMEMORATIVE WORKS ACT. Roosevelt’s wheelchairs in the entry in all aspects of American life. Compliance by the Secretary with this building of the memorial. It was deter- As the author of the Americans With joint resolution shall satisfy all require- ments for establishing a commemorative mined that existing wheelchairs are Disabilities Act, I was proud to be work under the Commemorative Works Act too fragile to be loaned to the memo- joined by leaders of the disability com- (40 U.S.C. 1001 et seq.) rial. Consequently, Senator Hatfield munity, former Presidents Bush, SEC. 4. AUTHORIZATION OF APPROPRIATIONS. and I instructed the National Park Carter, and Ford, a number of Roo- There are authorized to be appropriated to Service to prepare for display an exact sevelt’s descendants, and many other carry out this joint resolution such sums as replica of one of President Roosevelt’s Americans in calling for a permanent may be necessary. May 1, 1997 CONGRESSIONAL RECORD — SENATE S3931 NATIONAL CORRECTIONAL The PRESIDING OFFICER. Without Army nominations beginning *Ida F. OFFICERS AND EMPLOYEES WEEK objection, it is so ordered. Agamy, and ending *Scott E. Young, which nominations were received by the Senate and Mr. BENNETT. Mr. President, I ask The nominations were considered and confirmed as follows: appeared in the Congressional Record of Jan- unanimous consent that the Judiciary uary 30, 1997. Committee be discharged from further NATIONAL SCIENCE FOUNDATION Army nomination of George B. Garrett, consideration of Senate Resolution 64, M.R.C. Greenwood, of California, to be a which was received by the Senate and ap- and the Senate proceed to its consider- member of the National Science Board, Na- peared in the Congressional Record of Feb- ation. tional Science Foundation, for a term expir- ruary 25, 1997. ing May 10, 2002. The PRESIDING OFFICER. Without Army nominations beginning Vincent J. John A. Armstrong, of Massachusetts, to Albanese, and ending Joseph T. Wojtasik, objection, it is so ordered. The clerk be a member of the National Science Board, which nominations were received by the Sen- will report. National Science Foundation, for a term ex- ate and appeared in the Congressional The bill clerk read as follows: piring May 10, 2002. Record of February 25, 1997. A resolution (S. Res. 64) to designate the Stanley Vincent Jaskolski, of Ohio, to be a Army nominations beginning James M. week of May 4, 1997, as ‘‘National Correc- member of the National Science Board, Na- Caldwell, and ending Paul M. Warner, which tional Officers and Employees Week.’’ tional Sciece Foundation, for a term expir- nominations were received by the Senate and ing May 10, 2002. There being no objection, the Senate appeared in the Congressional Record of Feb- Jane Lubchenco, of Oregon, to be a mem- ruary 25, 1997. proceeded to consider the resolution. ber of the National Science Board, National Mr. BENNETT. Mr. President, I ask Army nominations beginning Bryant H. Science Foundation, for a term expiring May Aldstadt, and ending *Jeffrey P. Zimmer- unanimous consent that the resolution 10, 2000. man, which nominations were received by Richard A. Tapia, of Texas, to be a member be agreed to, the preamble be agreed the Senate and appeared in the Congres- of the National Science Board, National to, the motion to reconsider be laid sional Record of February 25, 1997. Science Foundation, for a term expiring May upon the table, and that any state- Army nomination of Larry W. Racster, 10, 2002. which was received by the Senate and ap- ments relating to the resolution appear Mary K. Gaillard, of California, to be a peared in the Congressional Record of Feb- at the appropriate place in the RECORD. member of the National Science Board, Na- ruary 27, 1997. The PRESIDING OFFICER. Without tional Science Foundation, for a term expir- Army nomination of Douglas R. Yates, objection, it is so ordered. ing May 10, 2002. Bob H. Suzuki, of California, to be a mem- which was received by the Senate and ap- The resolution (S. Res. 64) was agreed peared in the Congressional Record of March to. ber of the National Science Board, National Science Foundation, for a term expiring May 11, 1997. The preamble was agreed to. Army nominations beginning Harry L. The resolution, with its preamble, is 10, 2002. Eamon M. Kelly, of Louisiana, to be a Bryan, Jr., and ending William L. Witham, as follows: member of the National Science Board, Na- Jr., which nominations were received by the S. RES. 64 tional Science Foundation, for a term expir- Senate and appeared in the Congressional Whereas the operation of correctional fa- ing May 10, 2002. Record of March 21, 1997. cilities represents a crucial component of Vera C. Rubin, of the District of Columbia, Army nomination of *Phuong T. Pierson, our criminal justice system; to be a member of the National Science which was received by the Senate and ap- Whereas correctional personnel play a Board, National Science Foundation, for a peared in the Congressional Record of March vital role in protecting the rights of the pub- term expiring May 10, 2002. 21, 1997. Marine Corps nominations beginning Dirk lic to be safeguarded from criminal activity; IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY R. Ahle, and ending Philip N. Yff, which Whereas correctional personnel are respon- Air Force nominations beginning Robert sible for the care, custody and dignity of the nominations were received by the Senate and N. Agee, and ending Harry M. Wyatt, which appeared in the Congressional Record of human beings charged to their care; and nominations were received by the Senate and Whereas correctional personnel work under March 5, 1997. appeared in the Congressional Record of Feb- Marine Corps nomination of Todd H. demanding circumstances and face danger in ruary 25, 1997. their daily work lives: Griffis, which was received by the Senate Air Force nominations beginning John L. and appeared in the Congressional Record of Now, therefore, be it Bush, and ending David G. Talaba, which Resolved, That the Senate designate the April 7, 1997. nominations were received by the Senate and Marine Corps nominations beginning Roy week of May 4, 1997, as ‘‘National Correc- appeared in the Congressional Record of Feb- tional Officers and Employees Week.’’ The P. Ackley, Jr, and ending Philip J. Zimmer- ruary 27, 1997. man, which nominations were received by President is authorized and requested to Air Force nominations beginning Barry S. the Senate and appeared in the Congres- issue a proclamation calling upon the people Abbott, and ending Thomas F. Zimmerman, sional Record of April 7, 1997. of the United States to observe such week which nominations were received by the Sen- Marine Corps nominations beginning Rob- with appropriate ceremonies and activities. ate and appeared in the Congressional ert J. Abblitt, and ending Robert M. Zeisler, f Record of February 27, 1997. which nominations were received by the Sen- Air Force nominations beginning Chris- ate and appeared in the Congressional EXECUTIVE SESSION topher R. Kleinsmith, and ending Steven L. Record by April 7, 1997. Klyn, which nominations were received by Navy nominations beginning Cal D. Astrin, the Senate and appeared in the Congres- and ending Arthur D. Whittaker, Jr, which EXECUTIVE CALENDAR sional Record of March 21, 1997. nominations were received by the Senate and Air Force nominations beginning Marilyn Mr. BENNETT. Mr. President, I ask appeared in the Congressional Record of Feb- S. Abughusson, and ending Jesus E. Zarate, unanimous consent that the Senate im- ruary 5, 1997. which nominations were received by the Sen- mediately proceed to executive session Navy nominations beginning Jason T. Bal- ate and appeared in the Congressional timore, and ending Masko Hasebe, which to consider the following nominations Record of March 21, 1997. on the Executive Calendar: Calendar Air Force nominations beginning John M. nominations were received by the Senate and Nos. 52 through 60, and all nominations Barker, and ending Jessica R. Ybanez- appeared in the Congressional Record of Feb- placed on the Secretary’s desk in the morano, which nominations were received by ruary 25, 1997. Navy nominations beginning Edward H. Air Force, Army, Marine Corps, and the Senate and appeared in the Congres- sional Record of April 7, 1997. Lundquist, and ending John D. O’Boyle, Navy. which nominations were received by the Sen- The PRESIDING OFFICER. Is there Army nominations beginning *William M. Austin, and ending *Kenneth W. Stice, which ate and appeared in the Congressional objection? Without objection, it is so nominations were received by the Senate and Record of March 11, 1997. ordered. appeared in the Congressional Record of Jan- Navy nomination of Jamel B. Mr. BENNETT. Mr. President, I fur- uary 7, 1997. Weatherspoon, which was received by the ther ask unanimous consent that the Army nominations beginning Richard H. Senate and appeared in the Congressional nominations be confirmed, the motions Agosta, and ending Michael V. Walsh, which Record of April 7, 1997. to reconsider be laid upon the table, nominations were received by the Senate and f any statements relating to the nomina- appeared in the Congressional Record of Jan- tions appear at the appropriate place in uary 7, 1997. Army nominations beginning Richard Coo- LEGISLATIVE SESSION the RECORD, the President be imme- per, and ending Gregory Schannep, which diately notified of the Senate’s action, nominations were received by the Senate and The PRESIDING OFFICER. Under and the Senate then return to legisla- appeared in the Congressional Record of Jan- the previous order, the Senate will now tive session. uary 28, 1997. return to legislative session. S3932 CONGRESSIONAL RECORD — SENATE May 1, 1997 ORDERS FOR MONDAY, MAY 5, 1997 CONFIRMATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD OF JANUARY 7, 1997. Mr. BENNETT. Mr. President, I ask Executive nominations confirmed by ARMY NOMINATIONS BEGINNING RICHARD COOPER, AND ENDING GREGORY SCHANNEP, WHICH NOMINATIONS unanimous consent that when the Sen- the Senate May 1, 1997: WERE RECEIVED BY THE SENATE AND APPEARED IN THE ate completes its business today it NATIONAL SCIENCE FOUNDATION CONGRESSIONAL RECORD OF JANUARY 28, 1997. ARMY NOMINATIONS BEGINNING IDA F. *AGAMY, AND stand in adjournment until the hour of M. R. C. GREENWOOD, OF CALIFORNIA, TO BE A MEM- ENDING SCOTT F. *YOUNG, WHICH NOMINATIONS WERE 12 noon on Monday, May 5. I further BER OF THE NATIONAL SCIENCE BOARD, NATIONAL RECEIVED BY THE SENATE AND APPEARED IN THE CON- SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, GRESSIONAL RECORD OF JANUARY 30, 1997. ask unanimous consent that on Mon- 2002. ARMY NOMINATION OF GEORGE B. GARRETT, WHICH JOHN A. ARMSTRONG, OF MASSACHUSETTS, TO BE A WAS RECEIVED BY THE SENATE AND APPEARED IN THE day, immediately following the prayer, MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, the routine requests through the morn- ARMY NOMINATIONS BEGINNING VINCENT J. 2002. ALBANESE, AND ENDING JOSEPH T. WOJTASIK, WHICH ing hour be granted and that there STANLEY VINCENT JASKOLSKI, OF OHIO, TO BE A MEM- then be a period for the transaction of BER OF THE NATIONAL SCIENCE BOARD, NATIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, PEARED IN THE CONGRESSIONAL RECORD OF FEBRUARY routine morning business until the 2002. 25, 1997. hour of 1 p.m., with Senators permitted JANE LUBCHENCO, OF OREGON, TO BE A MEMBER OF ARMY NOMINATIONS BEGINNING JAMES M. CALDWELL, THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE AND ENDING PAUL M. WARNER, WHICH NOMINATIONS to speak for up to 5 minutes each. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE The PRESIDING OFFICER. Without RICHARD A. TAPIA, OF TEXAS, TO BE A MEMBER OF CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE ARMY NOMINATIONS BEGINNING BRYANT H. objection, it is so ordered. FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. ALDSTADT, AND ENDING JEFFREY P. *ZIMMERMAN, MARY K. GAILLARD, OF CALIFORNIA, TO BE A MEMBER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE f OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE AND APPEARED IN THE CONGRESSIONAL RECORD OF FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. FEBRUARY 25, 1997. BOB H. SUZUKI, OF CALIFORNIA, TO BE A MEMBER OF ARMY NOMINATION OF LARRY W. RACSTER, WHICH PROGRAM THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE WAS RECEIVED BY THE SENATE AND APPEARED IN THE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. CONGRESSIONAL RECORD OF FEBRUARY 27, 1997. Mr. BENNETT. For the information EAMON M. KELLY, OF LOUISIANA, TO BE A MEMBER OF ARMY NOMINATION OF DOUGLAS R. YATES, WHICH WAS of all Senators, the Senate will not be THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE RECEIVED BY THE SENATE AND APPEARED IN THE CON- in session on Friday of this week in FOUNDATION, FOR A TERM EXPIRING MAY 10, 2002. GRESSIONAL RECORD OF MARCH 11, 1997. VERA C. RUBIN, OF THE DISTRICT OF COLUMBIA, TO BE ARMY NOMINATIONS BEGINNING HARRY L. BRYAN, JR., order to accommodate a meeting A MEMBER OF THE NATIONAL SCIENCE BOARD, NA- AND ENDING WILLIAM L. WITHAM, JR., WHICH NOMINA- scheduled for the Democratic Members TIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING TIONS WERE RECEIVED BY THE SENATE AND APPEARED MAY 10, 2002. IN THE CONGRESSIONAL RECORD OF MARCH 21, 1997. of the Senate. The Senate will recon- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ARMY NOMINATION OF *PHUONG T. PIERSON, WHICH vene on Monday at 12 noon. After a pe- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- WAS RECEIVED BY THE SENATE AND APPEARED IN THE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CONGRESSIONAL RECORD OF MARCH 21, 1997. riod of morning business, at 1 p.m., the CONSTITUTED COMMITTEE OF THE SENATE. Senate will begin consideration of the IN THE AIR FORCE IN THE MARINE CORPS supplemental appropriations bill. AIR FORCE NOMINATIONS BEGINNING ROBERT N. AGEE, MARINE CORPS NOMINATIONS BEGINNING DIRK R. Amendments are expected to be offered AND ENDING HARRY M. WYATT, WHICH NOMINATIONS AHLE, AND ENDING PHILIP N. YFF, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE on Monday. Therefore, votes could CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. CONGRESSIONAL RECORD OF MARCH 5, 1997. occur, but will not occur prior to the AIR FORCE NOMINATIONS BEGINNING JOHN L. BUSH, MARINE CORPS NOMINATION OF TODD H. GRIFFIS, AND ENDING DAVID G. TALABA, WHICH NOMINATIONS WHICH WAS RECEIVED BY THE SENATE AND APPEARED hour of 5 p.m., on Monday. We will no- WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE CONGRESSIONAL RECORD OF APRIL 7, 1997. tify Members as early as possible on CONGRESSIONAL RECORD OF FEBRUARY 27, 1997. MARINE CORPS NOMINATIONS BEGINNING ROY P. AIR FORCE NOMINATIONS BEGINNING BARRY S. AB- ACKLEY, JR., AND ENDING PHILIP J. ZIMMERMAN, WHICH Monday with respect to rollcall votes BOTT, AND ENDING THOMAS F. ZIMMERMAN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- occurring on that day. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD OF APRIL 7, PEARED IN THE CONGRESSIONAL RECORD OF FEBRUARY 1997. The Senate could also be asked to 27, 1997. MARINE CORPS NOMINATIONS BEGINNING ROBERT J. turn to any other Legislative or Execu- AIR FORCE NOMINATIONS BEGINNING CHRISTOPHER R. ABBLITT, AND ENDING ROBERT M. ZEISLER, WHICH KLEINSMITH, AND ENDING STEVEN L. KLYN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- tive Calendar items that can be cleared NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD OF APRIL 7, for action on Monday. PEARED IN THE CONGRESSIONAL RECORD OF MARCH 21, 1997. 1997. f AIR FORCE NOMINATIONS BEGINNING MARILYN S. IN THE NAVY ABUGHUSSON, AND ENDING JESUS E. ZARATE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING CAL D. ASTRIN, AND ADJOURNMENT UNTIL MONDAY, PEARED IN THE CONGRESSIONAL RECORD OF MARCH 21, ENDING ARTHUR D. WHITTAKER, JR., WHICH NOMINA- 1997. TIONS WERE RECEIVED BY THE SENATE AND APPEARED MAY 5, 1997 AIR FORCE NOMINATIONS BEGINNING JOHN M. BARKER, IN THE CONGRESSIONAL RECORD OF FEBRUARY 5, 1997. JR., AND ENDING JESSICA R. YBANEZ-MORANO, WHICH NAVY NOMINATIONS BEGINNING JASON T. BALTIMORE, Mr. BENNETT. Mr. President, if NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING MASKO HASEBE, WHICH NOMINATIONS there is no further business to come be- PEARED IN THE CONGRESSIONAL RECORD OF APRIL 7, WERE RECEIVED BY THE SENATE AND APPEARED IN THE fore the Senate, I now ask that the 1997. CONGRESSIONAL RECORD OF FEBRUARY 25, 1997. IN THE ARMY NAVY NOMINATIONS BEGINNING EDWARD H. Senate stand in adjournment under the LUNDQUIST, AND ENDING JOHN D. O’BOYLE, WHICH NOMI- previous order. ARMY NOMINATIONS BEGINNING *WILLIAM M. AUSTIN, NATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING *KENNETH W. STICE, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD OF MARCH 11, There being no objection, the Senate, WERE RECEIVED BY THE SENATE AND APPEARED IN THE 1997. at 5:08 p.m., adjourned until Monday, CONGRESSIONAL RECORD OF JANUARY 7, 1997. NAVY NOMINATION OF JAMEL B. WEATHERSPOON, ARMY NOMINATIONS BEGINNING RICHARD H. AGOSTA, WHICH WAS RECEIVED BY THE SENATE AND APPEARED May 5, 1997, at 12 noon. AND ENDING MICHAEL V. WALSH, WHICH NOMINATIONS IN THE CONGRESSIONAL RECORD OF APRIL 7, 1997. May 1, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E809 EXTENSIONS OF REMARKS

EXTENDING STRUCTURED SETTLE- last Congress that Treasury does not oppose Bitlis in 1907. After hearing that more MENTS TO WORKERS’ COM- this proposal, reasoning that ``[t]here appears Bitlistsies were residing in the Fresno area, PENSATION to be no policy justification, apart from reve- the family moved to Del Rey, a small farming nue considerations, for allowing less favorable town outside of Fresno. In 1943, she met and HON. E. CLAY SHAW, JR. tax treatment for work-related physical injury married Leon Peters, who was a farmer by OF FLORIDA claims than other physical injury claims.'' The day and sold pumps for water at night. Their IN THE HOUSE OF REPRESENTATIVES Joint Tax Committee estimated in the last business grew and became one of the Na- Congress that the proposal would cost a total tion's premier winemaking machinery plants. Thursday, May 1, 1997 of only $11 million over 5 years. Eventually, the business grew to be as large Mr. SHAW. Mr. Speaker, I am pleased to We look forward to consideration of this im- as 300 employees before the couple sold it to rise today, along with Mr. RAMSTAD and Mr. portant legislation at the earliest possible op- begin pursuing other interests. STARK and a broad group of my colleagues portunity. Perhaps even more significant to the region from the Ways and Means Committee from f than the wine-making machinery business was both sides of the aisle, to introduce this bill to the formation of the Leon S. Peters Founda- extend structured settlements under section RECOGNITION OF LUISA SINIPATA tion in 1959. Today, this foundation, with Mrs. 130 of the Internal Revenue Code to workers' Peters as the board chairman, supports many compensation. HON. TOM LANTOS different educational causes in both the Fres- I am a great believer in structured settle- OF CALIFORNIA no community and the world. Locally, the ments. Structured settlements have been IN THE HOUSE OF REPRESENTATIVES foundation aids humanitarian endeavors and widely used in the tort area for many years to university scholarships. Foundation guidelines compensate tort victims who have suffered se- Thursday May 1, 1997 require the money be kept in Fresno to help rious, long-term, often profoundly disabling in- Mr. LANTOS. Mr. Speaker, I invite my col- students locally. Internationally, the foundation juries. A structured settlement provides the leagues to join me today in commending Ms. sends funding to various organizations badly injured tort victim with important financial Luisa Sinipata, a junior at Mercy High School throughout Armenia, including supporting protections. in Burlingame and the recipient of the Con- scholarships for students studying at the Under a structured settlement, the injured gressional Youth Excellence Award in the 12th American University of Armenia and funding to person receives damages in the form of a Congressional District of California. assist children at the Nork Children's Center. stream of periodic payments tailored to his or Ms. Sinipata's contributions to our commu- Promoting education is not where the work her specific future medical and basic living nity are impressive. She coordinated publicity of Alice Peters ends. As one of the leading needs from a well-capitalized financial institu- and entertainment for a recent neighborhood philanthropists in Fresno, Mrs. Peters was in- tion that assumes the liability from the defend- festival. She volunteered as a junior for the strumental in starting the Fresno Metropolitan ant and funds the obligation with an annuity or University of San Francisco's mock trials and Museum of Art, and also is a principle fund- U.S. Treasury obligations. Congress has as a child care volunteer at her church. Fur- raiser for the Fresno Zoo and the Boy and Girl adopted a series of special Internal Revenue thermore, as a member of the Peninsula Scouts of America. Together, Mr. and Mrs. Code rules in sections 130 and 104 to pro- YMCA Youth and Government Program, she Peters have shaped Fresno from a once small mote the use of structured settlements. has been an active promoter of San Mateo's farming town into one of the largest and most Extending these code section 130 structured teen curfew proposal, as well as an active par- thriving cities in California. settlement rules to the workers' compensation ticipant in youth conferences. Mr. Speaker, as an active member of the area would provide crucial financial security to In addition to this outstanding record of Fresno community, Alice Peters has contrib- workers who have suffered serious, long-term community service, Luisa has achieved an ex- uted to the growth and cultivation of new ideas physical injuries. A seriously and permanently cellent academic record at Mercy High School. and accomplishments of its residents. To- disabled worker who is to receive a stream of Luisa currently is taking courses in sociology gether, she and her husband have faced the workers' compensation payments over the and French at the College of San Mateo, in challenges and enjoyed the successes of the next 20 or 30 years has the same very real addition to her regular high school educational world of business. In turn, they have given concerns as the tort victim over relying on the program. She has done this while working part back to the community that has become so uncertain financial prospects of a self-insured time for a local San Mateo business. important in their lives. I ask my colleagues to employer which may no longer be in business Mr. Speaker, I invite my colleagues to join join me in tribute to a woman who strives each a decade from now or a compensation carrier me in commending Ms. Luisa Sinipata for her day to make the Fresno community as fulfilling that is weak and threatens to become more so outstanding service to our community and a place for others as it has been for her. in the future. In some States structured settle- congratulating her for her academic achieve- f ments also would provide a means of resolv- ments. ing workers' compensation disputes that other- f MORE UNFAIR COMPETITION: wise would be settled with a lump sum that SUBSIDIZED BRIBERY could be prematurely dissipated by the injured TRIBUTE TO PHILANTHROPIST worker. ALICE PETERS HON. GERALD B.H. SOLOMON Thus, extending the structured settlement OF NEW YORK tax rules to workers' compensation is fully HON. GEORGE P. RADANOVICH IN THE HOUSE OF REPRESENTATIVES consistent with the original purpose of code OF CALIFORNIA Thursday, May 1, 1997 section 130 and merely adds a parallel class IN THE HOUSE OF REPRESENTATIVES of physical injuries to that already covered by Mr. SOLOMON. Mr. Speaker, I would like to Thursday, May 1, 1997 the statute. insert for the RECORD an article in the Inter- The use of structured settlements in work- Mr. RADANOVICH. Mr. Speaker, I rise national Herald Tribune that outlines Ger- ers' compensation would be subject to the today to pay tribute to Alice Peters. Mrs. Pe- many's and France's opposition to making for- oversight of the States workers' compensation ters has demonstrated, time and time again, eign bribery a crime. referee who would have to approve each sec- the ability to raise the spirits of people in the I think most Americans would be shocked to tion 130 structured settlement on a case-by- Fresno, CA, community. I want to honor her learn that in Germany and France, not only is case basis as being in the best interest of the today for her service to Fresno. bribery of foreign officials not illegal, it qualifies injured worker. As noted in a recent edition of the Armenian as a tax deduction! Meanwhile, American firms The Treasury Department has testified be- General Benevolent Union [AGBU] magazine, trying to do business abroad operate under fore the Ways and Means Committee in the Alice Peters' family moved to Lynn, MA, from our Foreign Corrupt Practices Act, which

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E810 CONGRESSIONAL RECORD — Extensions of Remarks May 1, 1997 makes bribery illegal and possibly punishable say their country’s leading role just as often elders with physical limitations, cognitive with a jail sentence. sets them at a disadvantage—for example, impairment, mental health problems, and This is yet another example of the unfair when Washington puts pressure on China to chronic physical health conditions. They improve its record on human rights and competition our firms face, Mr. Speaker, and provide protective oversight, personal care, weapons proliferation and European govern- and assistance with activities of daily living we should be resolute in demanding that Ger- ments seek commercial favors by keeping and instrumental activities of daily living in many, France, and other countries change quiet. congregate settings. Most facilities do not their laws. This is absolutely critical to main- The two issues are not comparable. A tele- provide nursing care, but do store drugs and taining our industrial base, including our mili- phone call from President Bill Clinton is not provide assistance with drug-use manage- tary industrial base in these times of declining the equivalent of a bribe—nor should it be an ment in many instances. Board and care defense budgets. excuse for offering one. homes have been criticized for a lack of med- The hope must be that European voters, ical supervision in drug administration and [From the International Herald Tribune] increasingly disgusted by scandal and cor- monitoring, nonexistent drug-management FOREIGN BRIBERY SHOULD BEA CRIME ruption in their own countries, will press programs, and unskilled staff; however, inap- governments to act on an international (By Reginald Dale) propriate drug use in these settings has been level. The European Union plans to largely unstudied. Use of inappropriate WASHINGTON.—An American caught bribing criminalize bribery within the EU. That will a foreign official for commercial gain will be medications can have serious clinical con- have the bizarre effect of making it a crimi- sequences, ranging from adverse drug reac- fined or jailed for violating U.S. law. Euro- nal offense for a German, say, to bribe peans who bribe the same official may well tions that affect elders’ functional independ- French officials but not Russian ones. Euro- ence and psychosocial well-being to an in- qualify for a tax deduction. peans, who pride themselves on their logic, U.S. corporations are estimated to be los- creased risk of mortality. must surely see the absurdity of that. Using the largest multistate sample of ing contracts worth tens of billions of dollars f because of corrupt practices by their com- board and care homes assembled to date, we petitors. It is hardly surprising that Wash- MEDICARE MEDICATION EVALUA- examine the prevalence and correlates of in- appropriate drug prescriptions among elder- ington is leading an aggressive campaign to TION AND DISPENSING SYSTEM crack down on international bribery and cor- ly residents. Given that on the long-term ruption. care continuum, board and care is midway What is surprising is that the campaign, HON. FORTNEY PETE STARK between living in the community without as- dismissed as hopelessly naive and moralistic OF CALIFORNIA sistance and residing in nursing homes, we only a few years ago, is beginning to bear IN THE HOUSE OF REPRESENTATIVES apply the Stuck and Beers criteria to derive estimates of rates for presumptively inap- fruit. Thursday, May 1, 1997 At next month’s ministerial meeting of the propriate drug prescriptions. Organization for Economic Cooperation and Mr. STARK. Mr. Speaker, on March 20, I in- RESULTS Development in Paris, Washington hopes troduced The Medicare Medication Evaluation Inappropriate Drug Prescriptions other industrial countries will commit them- and Dispensing System Act of 1997 According to the Stuck and modified selves to making foreign commercial bribery [MMEDS]Ða bill calling for implementation of Stuck criteria, almost 18% of residents were a criminal offense, as the United States did a computerized information management pro- prescribed at least one presumptively inap- in 1977. gram to review prescriptions for Medicare propriate drug. The most frequently pre- Many developing and ex-Communist coun- beneficiaries both before and after they are scribed inappropriate drugs included tries back the U.S. stand and are asking the propoxyphene, long-acting benzodiazepines, major exporting nations to help them fight dispensed. A recent study appearing in the American dipyridamole, and amitriptyline. Approxi- corruption. mately 6.8% of elders were prescribed one or The main holdouts are two close American Journal of Public Health provides another rea- son MMEDS should be passed this Congress. more presumptively inappropriate allies, Germany and France. These two coun- psychotropics. tries do not dispute that bribery is bad. Based on their findings, the authors con- Of those elders prescribed a drug included Many international corporations say corrup- cluded: ``Increased involvement by phar- in the modified Stuck criteria, most (82.4%) tion is the main obstacle to business in macists and physicians in systematic drug uti- were prescribed only one of the problematic places such as Russia, China and much of lization review is warranted''. Overall, the drugs; 17.6% were prescribed two or three of Southeast Asia. study found inappropriate drug prescribing and the medications; and 38.5% were prescribed Bribery, according to Alan P. Larson, a inappropriate psychotropics. Multiple pre- senior State Department official, denies de- utilization among the elderly living in board scriptions most frequently involved com- veloping countries access to the most effi- and care facilities. Depending on the criterion binations of propoxyphene or a long-acting cient bidders, diverts funds that could have applied, between 20 percent and 25 percent of benzodiazepine with one other inappropriate been spent on economic and social develop- residents had at least one inappropriate pre- drug (e.g., propoxyphene with amitriptyline). ment, and corrupts fragile democratic insti- scription. Approximately a quarter of elderly According to the Beers criteria, almost tutions. residents received at least one inappropriate 25% of residents had an inappropriate pre- Washington is not too worried by the small drug. scription. Of those with inappropriate pre- sums often needed to persuade bureaucrats Board and care facilities provide an alter- scriptions, 83.8% were prescribed an entirely to do the jobs they are supposed to be doing native to nursing homes for the elderly; the contraindicated drug (regardless of dose); anyway, such as issuing licenses or visas. homes usually do not provide nursing care, 19.3% were prescribed drugs that were prob- The problem is big payments to induce an of- lematic due to high dosages; and 40.5% were ficial to do something illegal—bribing a pub- but assistance with activities of daily livingÐin- prescribed inappropriate psychotropics. lic employee to secure a contract is against cluding drug management. Most board and the law all over the world. care homes do not use pharmacists for drug- DISCUSSION Last year, Germany and France subscribed utilization review and do not computerize pre- Using a large, multistate sample of board to a nonbinding OECD recommendation to scription drug data in a readily retrievable and care homes, this study examined the end tax deductions for bribery abroad and manner. Thus MMEDS is especially necessary prevalence and correlates of inappropriate agreed ‘‘in principle’’ to make it a criminal to help bring an end to inappropriate drug pre- drug prescriptions among elderly residents. offense. The difficulty is persuading them to scribing for the elderly living in these facilities. Almost one in four residents had at least one presumptively inappropriate prescription. Of follow through. The two countries have not I would like to insert excerpts from the ended the tax deductibility, and they say those elders prescribed any drugs, 20.2% to they want to negotiate a binding inter- March, 1997, study on Inappropriate Drug Pre- 27.4% had inappropriate prescriptions. Rates national convention before criminalizing for- scriptions for Elderly Residents of Board and for inappropriate drug prescriptions are eign bribery. Washington wants each OECD Care Facilities into the CONGRESSIONAL high, but lower than what has been reported member simply to enact its own legislation RECORD: for nursing home residents and relatively next year. [From the American Journal of Public comparable to rates among community- France and Germany argue that without a Health, Mar. 1997] dwelling elders. watertight legal convention, other countries Only a minority of elderly board and care INAPPROPRIATE DRUG PRESCRIPTIONS FOR EL- will cheat. This argument is ‘‘clearly a de- residents were prescribed more than one in- DERLY RESIDENTS OF BOARD AND CARE FA- laying tactic,’’ says Frank Vogl, vice chair- appropriate medication. However, such com- man of Transparency International, an inde- CILITIES binations can cause additive central nervous pendent group that monitors business cor- (By Diana L. Spore, PhD, Vincent Mor, PhD, system effects—such as confusion, excessive ruption. Negotiating an international con- Paul Larrat, PhD, Catherine Hawes, PhD, drowsiness, and dry mouth—which tend to be vention could take years. and Jeffrey Hiris, MA) more serious problems in the elderly. But many Europeans also argue that U.S. INTRODUCTION For the most part, board and care homes military and political power gives American Board and care facilities are community- do not use pharmacists as consultants for businesses an unfair advantage. Americans based alternatives to nursing homes, housing drug-utilization review, do not computerize May 1, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E811 drug data in a readily retrievable manner, and ordinances designed to preserve and pro- This poem entitled ``What My Flag Means and do not routinely maintain comprehen- tect the well-being of young people, including To Me'' was written by William Watkins, a fifth sive charts documenting residents’ clinical those that seek to ban the possession of fire- grader at Alto Park Elementary School in or physical status. Thus, we believed that identifying general characteristics associ- arms and other weapons in community facili- Rome, GA. ated with inappropriate drug use might ties. The Community Right to Protect Children WHAT MY FLAG MEANS TO ME prove useful in future efforts to target resi- Resolution seeks to reverse the trend of put- Have you ever stopped to think about our dents for whom drug-utilization review may ting children and public safety concerns sec- flag, about what it means, and how it came be especially warranted. Residents with a ond to special interest groups. The Virginia to be? Have you ever through about it’s his- larger number of regularly scheduled pre- case illustrates the tragic consequences of tory and what the glorious stripes and stars scriptions were more likely than others in what happens when the interests of children stand for? To me, the flag stands for freedom the sample to receive at least one inappro- rank second to those of specialized interests and liberty. It stands for pride and peace. It priate drug. Thus, the number of prescrip- stands for wars that we fought, not only for tions may serve as a simple indicator for with powerful political connections. I think that Members on both sides of the ourselves, but for other countries and for targeting residents at higher risk of inappro- things we just didn’t think were right. priate drug use. Indeed, in other arenas, hav- aisle will agree with me that when it comes to Thankfully, my peers and I haven’t been ing five or more prescriptions has been used addressing the unique public safety concerns through anything like that, through all of as one indicator of the need for the services of our districts, one size does not fit all. Local that hatred and through all of that fear. of a consultant pharmacist. governments require flexibilityÐnot legal To me, the flag also stands for being our The Health Care Financing Administration straightjackets that bar their actions to protect own country. We have our own government recently published a final rule on regulation children. This resolution recognizes that dif- and are not ruled by anyone. It means that for drug-utilization review programs for ferent problems require different solutions, that no matter what color your skin is, whether Medicaid-covered prescription drugs. These it is black, white, or red, everyone is treated regulations—which were not targeted spe- what works in rural areas may not be enough equally. It means that no one can tell us cifically for residential care facilities—re- for urban areas where crimes committed with what church to go to, where to live, how to quire that state Medicaid agencies have guns are more likely to occur. Local and State live, where to go to school, or anything like pharmacist counseling programs to ensure governments are fighting the crime problem on that. We are our own country. that prescriptions are medically necessary, many fronts, including innovative policing and The beautiful red, white, and blue stars appropriate, and unlikely to produce adverse social programs, but their hands are tied when and stripes stand for fifty glorious and mag- side effects. We suggest that state board and it comes to enacting any restrictions on guns. nificent states; each with fitting nicknames care regulations be systematically reviewed Reasonable gun and weapon restrictions, like ‘The Sunshine State’ and ‘The Peach with an eye toward incorporating and stimu- State’ (which are, by the way, Florida and lating the development of pharmacy counsel- such as the measure passed by Fairfax Coun- Georgia). The stripes stand for the thirteen ing and drug-utilization review programs ty, VA, are an essential ingredient in our effort original thriving colonies. When I look at that are specific to conditions faced in these to reduce crime, particularly among juveniles. the Flag, I think of everyone who takes a facilities. To suggest otherwise, ignores the incidence part in making this big beautiful country f and pervasiveness of the problem, notably work. I think about the people who risked that nearly 90 percent of homicide victims 15 their lives to come from Spain, France, Ger- INTRODUCTION OF THE COMMU- to 19 years of age were killed with a firearm. many, England, and other countries to make NITY RIGHT TO PROTECT CHIL- Juveniles are both perpetrators and victims of this great country. DREN RESOLUTION I hope our country is always safe, self-gov- crime committed with firearms. Arrest rates ernmental, and beautiful for today, tomor- are consistently and substantially higher for row, and on into the future. I also hope that HON. BRUCE F. VENTO young people than for all other age groups. everyone will respect our land forever. OF MINNESOTA Between 1987 and 1994, annual rates of fire- f IN THE HOUSE OF REPRESENTATIVES arm homicide for youth aged 15 to 19 years TRIBUTE TO CLOVIS UNIFIED Thursday, May 1, 1997 of age increased 155 percent, totaling 8,116 deaths in 1994. This amounts to an average SCHOOL DISTRICT Mr. VENTO. Mr. Speaker, today I am intro- of 22 youth homicide victims per day in the ducing the Community Right to Protect Chil- United States, earning the United States the HON. GEORGE P. RADANOVICH dren Resolution, designed to reaffirm the right dubious distinction of leading the industrialized OF CALIFORNIA of State and local governments to pass laws world in the number and rate of gun-related IN THE HOUSE OF REPRESENTATIVES intended to preserve and protect the safety of child homicides. Thursday, May 1, 1997 children. Strategies that limit the ability of local gov- In response to a series of gun related inci- ernments to respond to community needs, en- Mr. RADANOVICH. Mr. Speaker, I rise dents at county recreation and teen centers, sure that the war on crime will not be fought, today to pay tribute to Clovis Unified School Fairfax County, VA, officials passed legisla- much less won. We should be empowering District [CUSD]. In a joint powers agreement, tion, written to apply only in their county, that rather than disabling and limiting the ability of CUSD and Fresno Unified School District would have prohibited guns, knives, and other local governments to fight crime. We need to [FUSD] will open a Center for Advanced Re- weapons from community recreation and teen ensure that communities have in their arsenal search and Technology [CART] in Clovis, CA. centers. This common sense measure aimed every tool available to curb the growth and in- An extended branch of the educational system at curbing crime in centers designated as safe cidence of juvenile crime. Federal and State in Clovis, CART will allow students in the com- havens for children to congregate, set the spe- law, and policy must not stand in the way of munity to adequately prepare for the techno- cial interests groups in motion. Unable to dis- State and local governments' efforts to protect logical challenges of the future. criminate between measures designed to pro- its citizens. Let us encourage them to accom- Scheduled to open in the fall of 1999, CART tect children and those aimed at restricting plish what the Federal Government has limited pilot programs have been slated to begin in gun rights of law abiding citizens, the myopic ability to doÐenact reasonable controls over the fall of 1997. CART was made possible by self interest powers vigorously protested, ulti- firearms and other weapons that threaten pub- a combination of grants and a partnership be- mately convincing Governor Allen to veto the lic safety and the well-being of our children in tween local businesses and the educational bill. Governor Allen's veto not only struck their schools, recreation centers, or other departments of the community. down a good law, but also severely limited the areas in their communities. As a center striving to meet the employment ability of communities to fight crime and pro- f needs of the community by adequately prepar- vide weapon free schools and recreation cen- ing students to take advantage of post-sec- ters on a local level. WHAT MY FLAG MEANS TO ME ondary options, the course work presented at I am here today because I believe that the the center will be responsive to the changes in ability of local governments to pass effective HON. BOB BARR American industry. CART will offer courses laws that strengthen public safety should nei- OF GEORGIA that require sophisticated laboratory environ- ther be constrained nor denied. I am, there- IN THE HOUSE OF REPRESENTATIVES ments and interdisciplinary curriculum that in- fore, introducing this important legislation tegrates higher order mathematics, sciences, which expresses the sense of Congress that Thursday, May 1, 1997 and technology education. This course work State and local governments should be en- Mr. BARR of Georgia. Mr. Speaker, I would will focus on the intellectual processes of couraged and have the right to respond to the like to have the following poem inserted into problem solving, analyzing, team building re- needs of their communities by enacting laws the CONGRESSIONAL RECORD. source allocation, and self-assessment E812 CONGRESSIONAL RECORD — Extensions of Remarks May 1, 1997 through a cognitive apprenticeship instruc- children who are not able or not willing to Bertram Gross, who I designated a national tional model. The skills taught at CART will be raise their children. This is an important step treasure in 1995 on behalf of my constituents, invaluable in both interpersonal and techno- in helping to address the rapidly growing issue for his lifetime of work and dedication to logical growth throughout the students lives. of kinship care. achieve full employment for the people of this Striving to educate all segments of the com- Mr. Chairman, the promotion of adoption is Nation, for his writings, and for his teaching. munity, high school students and adults will one of the most important things we can do to Among Bertram Gross' many achievements, reap the benefits of CART. High school stu- strengthen American families. Adoption en- I have special reason to acknowledge his work dents will spend half of their day at the center ables children, whose parents cannot or will as the primary author of the first full employ- receiving laboratory instruction. The State not raise them, to become part of a permanent ment act introduced in 1945, and passed in Center Community College District will offer family. Furthermore, it serves as a second 1946, and the second full employment act in- postsecondary classes for students. Addition- chance for the thousands of children who troduced in 1976 and passed in 1978 by the ally, the Central California Business Incubator have been removed from their families be- U.S. Congress. My district and I are particu- Program will also be located at the center. cause of abuse or neglect. larly indebted to him for his work as the pri- Mr. Speaker, it is a pleasure to welcome H.R. 867 represents a positive approach in mary author of the third bill, A Living Wage, this program to my congressional district. I finding homes for our Nation's needy children. Jobs for All Act, which was first introduced in look forward to monitoring the progress that I support this effort to facilitate the adoption of 1993, in the 103d Congress, and has been re- CART makes as it works closely with mem- children, and to decrease the time that many introduced in the 104th, as well as in this, the bers of the local community. I ask my col- of our children languish in the foster care sys- 105th Congress. leagues to join me both in supporting the Cen- tem. Mr. Chairman, I join with my colleagues Bert was born in 1913 and, when he be- ter for Advanced Research and Technology, in support of this legislation. came a young man in the 1930's in spite of and extending best wishes for its future suc- f hard-working, supportive parents, and his own cess. capabilities could not find work, like one-half of NATIONAL LAW DAY f the American labor force at that time. His per- sonal experience, his knowledge of the misery ADOPTION PROMOTION ACT OF 1997 HON. BENJAMIN A. GILMAN of so many other Americans provided his earli- OF NEW YORK est social education. These lessons in the fear SPEECH OF IN THE HOUSE OF REPRESENTATIVES generated by the destructiveness of jobless- HON. LOUIS STOKES Thursday, May 1, 1997 ness was the marrow, the foundation of his life OF OHIO work. Mr. GILMAN. Mr. Speaker, on Thursday, Like Franklin D. Roosevelt, and Thomas IN THE HOUSE OF REPRESENTATIVES May 1, 1997, members of the legal profession Wednesday, April 30, 1997 Paine, and William Jefferson, Bert believed throughout the lower Hudson Valley region will profoundly in the dignity of each human being. join with their colleagues in the national ob- The House in Committee of the Whole He fought against the momentum that only House on the State of the Union had under servance of Law Day. Law Day serves as an those who inherited wealth, or possessed consideration the bill (H.R. 867) to promote opportunity for all Americans to celebrate our large blocks of capital should have access to the adoption of children in foster care: liberties and to reaffirm our commitment to the the wealth of our society and Nation. Fun- Mr. STOKES. Mr. Chairman, I rise today in ideals of justice and equality under the law. damental to this belief was that we all must Law Day will be celebrated in my district by support of the Adoption Promotion and Stabil- have the right to work at adequate wages to the Orange County Bar Association and the ity Act of 1997. I commend my colleague, support ourselves and our children. Bert Gross Women's Bar Association of Orange and Sulli- Congressman CAMP, for bringing the important believed that one of our national legacies was van Counties in a ceremony at the Orange issue of adoption to the floor. our sense of our basic right to a life of dignity County Government Center. This year's theme H.R. 867 would require officials to actively and, that this basic right incorporated a right to is ``Celebrate Your Freedom.'' pursue adoptions for children who have lan- work, to adequate housing, food, health care, Our Republic was founded on several key guished in foster care for 18 months or more. and education. A legacy that Americans had principles, many based on the English com- In addition, this legislation would continue to earned and achieved through the Depression mon law. Yet our Founding Fathers went fur- require States to make ``reasonable efforts'' to of the thirties and full employment in the for- ther than their predecessors in England, and keep families together unless returning a child ties and that we now appear to have forgotten established a written Constitution with a codi- to his or her family would involve ``aggravated and lost. fied Bill of Rights. They also founded a legal circumstances.'' These circumstances would Bert Gross designed A Living Wage, Jobs system which places the burden of proof on include cases of chronic abuse, torture, or for All Act, not only as a full employment bill; the accuser, not the accused, and in which ev- abandonment. because the act incorporates basic elements eryone is entitled to having their day in court. At the end of 1994, there were an estimated of our economic life and provides specific rem- Moreover, they also established an inde- 462,000 children in family foster care, kinship edies for many of these ills, this bill can be pendent judiciary, a first for the world at that care, or residential careÐup 65 percent from truly considered a party platform. A platform time, which has safeguarded the rights and only a decade ago. According to the Child that is diametrically opposed to the destruc- Welfare League of America, half of all children freedoms of our citizens for over 200 years. Accordingly, liberty and equality under the tiveness of the recent Contract With America. who await adoption are minority children; I designated Bert a national treasure be- law is one of the guiding principles of our Re- these children typically wait longer for adoptive cause of the passion that he brought to his life public. Without any legal system, freedom homes. In Cuyahoga County, of the over work to have the Nation consider full employ- quickly dissolves into anarchy. Yet, without lib- 3,000 children in the foster care system, near- ment as a fundamental principle. He wrote, erty, the rule of law devolves into mere ly 65 percent are African-American. By ac- talked, cajoled, led, persuaded, and taught all authoritarianism. tively pursuing adoptions for children who I am pleased to join my colleagues in the who came into contact with him, with human- have remained in foster care for more than 18 legal profession from the 20th Congressional ity, with humor, with great intelligence and months, H.R. 867 shares my belief that all District of New York in celebrating Law Day. most of the time, with great patience and ap- children, regardless of age, sex, ethnicity, and This year's celebration reaffirms the fact that preciation for the possession of similar quali- physical and emotional health are entitled to a the principles upon which our country was ties in his students and audience. family. In the last 3 years, Bert worked on a daily founded upon are alive and well. Mr. Chairman, H.R. 867 would also require basis with members of my staff and with my f the Department of Health and Human Serv- constituents promoting A Living Wage, Jobs ices to convene an advisory panel to report to TRIBUTE TO BERTRAM GROSS for All Act; to hone the bill so that it could be Congress on the issue of kinship care. Cur- read as prose for a wider readership; to de- rently, there are more than 3 million grand- HON. RONALD V. DELLUMS velop strategies to gain support for the ideas parents raising their grandchildren. According OF CALIFORNIA reflected in the bill, and to work toward our re- to census figures, in 1990, three times as IN THE HOUSE OF REPRESENTATIVES discovery of our lost heritage. many grandparents were raising their grand- Bertram Gross, being wise, knew he was children than in 1980Ðjust 10 years prior. In Thursday, May 1, 1997 mortal. For the many of us who benefitted addition, many other relatives including aunts, Mr. DELLUMS. Mr. Speaker, I rise to honor from his work, his wisdom, and his passionate uncles, and older siblings are left to care for the memory, as well as to celebrate the life of commitment, we can best remember him by May 1, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E813 continuing the work that he began so magnifi- Theological Seminary of America. He en- It is my pleasure to congratulate the Indiana cently. hanced his training with advanced studies at Optometric Association for its 100 years of f the University of Arizona and Columbia Uni- service to the eye health and vision care versity's Graduate Department of Philosophy. needs of Hoosiers. I also ask unanimous con- TRIBUTE TO S.M. SGT. WILLIS Rabbi Fenster's calling has taken him well sent that the resolution passed by the Senate MULCEROY, M. SGT. ELDON beyond the borders of the Shelter Rock Jew- in the Indiana General Assembly be printed in RAUCH, AND T. SGT. HENRY ish Center into positions of responsibility that the RECORD. ROMEO, JR., 144TH FIGHTER have ranged from local to international areas. WING DIVISION, FRESNO, CA SENATE CONCURRENT RESOLUTION He is past president of the New York Board of A Concurrent Resolution Celebrating the Rabbis, and a member of the faculty of the Centennial Anniversary of the Indiana Opto- HON. GEORGE P. RADANOVICH Jewish Theological Seminary of America. He metric Association OF CALIFORNIA is widely known for his educational and lead- Whereas, the Indiana Optometric Associa- IN THE HOUSE OF REPRESENTATIVES ership skills, and has served as visiting rabbi tion (IOA) was founded in 1897 and will be celebrating its Centennial Anniversary dur- Thursday, May 1, 1997 of the Moriah Congregation in Haifa, Israel, and as president of Histadruth Ivrith of Amer- ing the year 1997, and Whereas, the IOA is marking 100 years of Mr. RADANOVICH. Mr. Speaker, I rise ica. today to pay tribute to three outstanding indi- successful advocacy for the profession of op- Rabbi Fenster is a past editor of Conserv- tometry in Indiana, and viduals from the 144th Fighter Wing Division in ative Judaism, the quarterly publication of the Whereas, the IOA has provided 100 years of Fresno, CA. These three men exemplify the Rabbinical Assembly of America. He has also service in the public interest on behalf of the bravery and consciousness that have earned chaired the Assembly's Social Justice pro- eye care and eye health of Indiana’s citizens, them the Flight Line Safety Award of Distinc- gram. He currently serves as cochairman of and tion. the Education Committee of the Long Island Whereas, the IOA was instrumental in the decision of the Indiana General Assembly On the morning of October 10, 1996, an air Holocaust Commission. carrier was taxiing for takeoff past the ramp of that established the Indiana University Mr. Speaker, Rabbi Fenster's knowledge School of Optometry in the early 1950s, and the 144th Fighter Wing. Technical Sergeant and wisdom is in great demand. He has been has forged an ongoing professional relation- Romero heard a loud explosion and noticed published in many magazines, periodicals and ship with the School of Optometry that is a what was one of the dual main landing gear newspapers including Newsday, the Jerusa- national model, and tires and what appeared to be a rim fall onto lem Post, Hadassah Magazine and Midstream. Whereas, the IOA commends the Indiana the taxiway. It appeared that the pilots on the In addition, he has visited Jewish communities General Assembly for its continuing support aircraft were not aware of the situation and throughout the world, in all of the major cap- of the profession of optometry and the pa- continued toward takeoff. Meanwhile, in main- tients it serves, and itals of Europe and the former Soviet Union. In Whereas, the IOA has historically distin- tenance control, S.S.T. Mulceroy also heard 1993, he led a rabbinic delegation to the Jew- guished itself as an exemplary professional the loud explosion of the landing gear tires. ish communities of Morocco. optometric association in the United States, He used the flightline radio to direct the expe- For the past 30 years, Rabbi Fenster and and diter toward Sergeant Romero. When Master his wife Ricky have been a most potent force Whereas, the IOA rededicates itself and the Sergeant RauchÐthe expediterÐarrived, Ser- in organizing and uniting the Shelter Rock profession of optometry to serving the eye geant Romero informed him of the situation Jewish Center into a proactive synagogue that health and vision care needs of the citizens and the need to stop the aircraft. Sergeant of the state of Indiana for the next 100 years, has effectively serviced its membership and Be it resolved by the Senate of the General As- Rauch immediately used his UHF radio to has, most readily, enhanced, and enriched this sembly of the State of Indiana, the House of contact the FAA tower and requested them to great community. Representatives concurring: stop the airlinerÐwhich was quickly making its Mr. Speaker, I ask my colleagues in the SECTION 1. That, on behalf of the people of way towards an active runway. Sergeant House of Representatives to rise and join with the State of Indiana, we extend our sincere Rauch and Sergeant Romero took the expe- me in celebrating the 30th anniversary of appreciation to IOA for its dedicated service diter truck to the disabled aircraft to assure Rabbi Myron and Ricky Fenster at the Shelter to the people of the State of Indiana and the themselves that the tire had indeed blown. Rock Jewish Center. profession of optometry. They promptly notified the tower of their find- SECTION 2. That the Secretary of the Sen- f ate is directed to transmit a copy of this res- ings, and the flight was directed back to the INDIANA OPTOMETRIC ASSOCIA- olution to the Indian Optometric Associa- terminal for repair. tion. TION CELEBRATES CENTENNIAL Mr. Speaker, had the aircraft not been f stopped, it would have taken off with major damage to its right landing gear. The swift ac- HON. STEPHEN E. BUYER THE MEDICAL DEVICE tion of these three fine men averted a poten- OF INDIANA REGULATORY FLEXIBILITY ACT tial major accident and saved the lives of more IN THE HOUSE OF REPRESENTATIVES than 70 people. I commend, S.M. Sgt. Willis Thursday, May 1, 1997 HON. FRED UPTON Mulceroy, M. Sgt. Eldon Rauch, and T. Sgt. OF MICHIGAN Henry Romero, Jr. for their heroics, and ask Mr. BUYER. Mr. Speaker, in December IN THE HOUSE OF REPRESENTATIVES my colleagues to join me in congratulating 1896, a number of opticians from across the Thursday, May 1, 1997 them for their actions. I extend to them my State of Indiana met in Indianapolis for the ad- sincerest appreciation for a job well done. vancement of the profession. A motion was Mr. UPTON. Mr. Speaker, during last year's f carried to form the Indiana Optical Society. Food and Drug Administration [FDA] reform Over the years, the organization has been deliberations, two proposals stuck me as par- HONORING RABBI MYRON known by different names, but this was the ticularly innovative, commonsense approaches FENSTER beginning of the Indiana Optometric Associa- to simplifying the regulation of medical devices tion. while fully protecting public health and saving HON. GARY L. ACKERMAN The organization has significantly enhanced agency resources. Today, with my colleagues OF NEW YORK the profession by formulating a code of ethics; Representatives ESHOO, GREENWOOD, TOWNS, IN THE HOUSE OF REPRESENTATIVES by seeking a school of optometryÐthe School and HALL of Texas, I am introducing the Medi- of Optometry at Indiana UniversityÐand by cal Device Regulatory Flexibility Act, legisla- Thursday, May 1, 1997 adopting standards and methods of prac- tion incorporating these proposals, to highlight Mr. ACKERMAN. Mr. Speaker, I rise today tice.The organization is a strong advocate of them and ensure that they are central to FDA to join with my constituents and members of education among its members. reform efforts. the Shelter Rock Jewish Center as they gather The Indiana Optometric Association also First, this legislation would provide the FDA at this most renowned synagogue to celebrate contributes significantly to the welfare of Hoo- with greater flexibility in classifying devices the 30th anniversary of Rabbi Myron Fenster siers. As early as 1922, it held the first Save than current law provides. Under current law, as the spiritual leader of the congregation. Your Vision week. It has participated in indus- lower riskÐclass I and class IIÐnew devices Rabbi Fenster was schooled at the Yeshiva trial vision research programs as well as vision may go to market if the FDA finds that they of Flatbush, Yeshiva College and Talmudic awareness activities in schools and among the are ``substantially equivalent'' to ready mar- Academy, and was ordained at the Jewish general public. keted devices. If the new device is unique and E814 CONGRESSIONAL RECORD — Extensions of Remarks May 1, 1997 the agency cannot make a determination that marketplace. Additionally, JAA familiarizes stu- In addition to his professional activities, it is substantially equivalent to a marketed de- dents with the hands-on basics of running a Khachigian has served as a Board member of vice, current law requires that the device be business, and explains to them the importance the Armenian Assembly of America, and has sat as a Presidential appointee on the Na- automatically classified as a class IIIÐhigh of economics to their future. Khachigian, a native of the Central Valley, tional Institute of Justice Advisory Board. riskÐdevice, regardless of the actual level of During 1986–1992 he served on the Board of risk posed by the new device. The manufac- has had a distinguished career in American Overseers of the Hoover Institution of War, turer must then either complete costly and politics. A farmer by nature and an attorney by Revolution and Peace at Stanford Univer- time-consuming clinical studies and submit a trade, Khachigian has worked for former Presi- sity. Currently he sits on the Board of the new device approval application to the agency dents Nixon, Reagan, and Bush. In both cam- California Council for Environmental and or must petition the agency for reclassification, paign and executive roles, Khachigian has Economic Balance. which is under current law a complex and been instrumental in formulating and imple- Junior Achievement of Armenia is an eco- nomics and business education program of- time-consuming procedure. menting the ideals and goals of the Repub- lican Party. In addition to his advisory roles fering Applied Economics classes and the Under my bill, the FDA would be given the student company experience in Armenia’s statutory flexibility to classify a new device with Presidents Reagan and Bush, Khachigian high schools, and institutes of higher learn- based on the risk posed by the device, at the played an active role in the successful cam- ing. The program teachers young people how request of a manufacturer whose device was paigns of California Governors George the free enterprise system operates, the role determined to be ``not substantially equivalent'' Deukmejian and Pete Wilson. Most recently, of business in the global marketplace, the to a marketed device. Under the bill, the FDA Khachigian served as National Senior Advisor hands-on basics of running a business, and would retain full authority for determining the for the Dole for President campaign. In this the importance of economics on their future. classification of a device. The agency would position, Khachigian coordinated Senate Ma- Junior Achievement of Armenia is a non- profit organization. simply receive a new, risk-based classification jority Leader Dole's Presidential bid in the f option. Since class III devices require the most State of California. Khachigian has also been active outside the intensive review, this proposal should free up READING CAN OPEN MANY DOORS agency resources to focus on truly high-risk political arena. He has served as a member of devices. the board to the Armenian Assembly of Amer- Second, this legislation will provide the FDA ica. He also sat as a Presidential appointee on HON. NITA M. LOWEY with a much simpler way to recognize device the National Institute of Justice Advisory OF NEW YORK performance standards. Under current law, the Board. From 1986±1992, Khachigian served IN THE HOUSE OF REPRESENTATIVES FDA has the authority to promulgate stand- on the Board of Overseers at the Hoover Insti- Thursday, May 1, 1997 ards, but the process for doing so is tortuous. tution on War, Revolution and Peace. He cur- rently resides on the Board of California Coun- Mrs. LOWEY.Mr. Speaker, yesterday I As a result, the agency has rarely used this joined several of my colleagues in introducing authority. Under our bill, the agency would re- cil for Environmental and Economic Balance. Mr. Speaker, Ken Khachigian is a pioneer in President Clinton's America Reads Challenge tain the authority to promulgate its own stand- the area of political advising and consulting. Act. This legislation will help mobilize reading ards, but could also recognize national and Khachigian's numerous accomplishments have specialists and trained volunteers to ensure international performance standards by identi- been instrumental in advancing the agenda for that every child can read by the end of the fying and listing the standard in the Federal a more responsible, independent, and produc- third grade. Register. Devise manufacturers would then tive America. I ask my colleagues to join me Today I want to share with the House an have the option of certifying to the agency that in paying tribute to Ken Khachigian, a man of essay written by Adam Frankel, the 18-year- their products met the standard as a way of impeccable character. Ken should be admired old grandson of two of my constituents. Adam fulfilling all or part of the applicable statutory not only for his multitude of success in Amer- writes eloquently about the joys and benefits requirements which must be met before de- ica, but also for his tremendous contribution of reading. As we pledge our efforts to ensure vices may be marketed. Devise performance toÐand support forÐthe Armenian commu- that all children enter fourth grade reading on standards form the basis for device regulation nity. their own, I thought it might be helpful to hear in the European Community. Providing U.S. how one young American uses this gift to manufacturers with this option would move for- KENNETH KHACHIGIAN JOINS JR. ACHIEVEMENT OF ARMENIA’S BOARD learn about the world. ward our efforts to harmonize our regulatory I insert the text of Adam Frankel's essay at systems. LOS ANGELES, CA—Presidential campaign this point in the RECORD. I would welcome additional cosponsors of advisor and political strategist Kenneth L. Khachigian has recently joined Junior READING CAN OPEN MANY DOORS this commonsense regulatory reform measure. Achievement of Armenia’s (JAA) Honorary (By Adam Frankel If you would like further information or would Board, which also includes former California like to cosponsor this legislation, please call Governor George Deukmejian and Dr. When I hold a book between my hands, I do me or Jane Williams, 5±3761, of my staff. Mihran Agbabian, President Emeritus of the not feel the paper and I do not see the words. f American University of Armenia. The pur- I feel as though I am holding ‘‘knowledge’’ in pose of this distinguished body is to provide my hands, and the more complicated the TRIBUTE TO KENNETH L. JAA with advice, support and guidance. book, the better. That way, it is not just en- KHACHIGIAN ‘‘I am particularly pleased to become a tertaining, but it is something far more en- member of the Honorary Board of Junior joyable: challenging and revealing. After Achievement of Armenia. The remarkable reading and understanding a complicated HON. GEORGE P. RADANOVICH and rapid growth of the group has made it phrase or book, you feel a sense of accom- OF CALIFORNIA among the most successful non-government plishment. When I hold in my hands William IN THE HOUSE OF REPRESENTATIVES programs in Armenia,’’ commented James and move my eyes slowly across each Khachigian, ‘‘I have great respect for grass- word, I know I am looking into the mind of Thursday, May 1, 1997 roots organizations which promote education James himself. The words he uses to describe Mr. RADANOVICH. Mr. Speaker, I rise to and demonstrate a vision for the future, and things are as much a part of him as his fin- pay tribute to Kenneth L. Khachigian. A legend Junior Achievement of Armenia is just that gerprint. in the political arena and a jewel in the Arme- organization,’’ he said. When writing, your words build up within Khachigian’s career has been highlighted and explode out onto paper with your own nian community, Khachigian has joined the by numerous achievements. Most recently, patent on them. A word can be so much Junior Achievement of Armenia's [JAA] Honor- he served as National Senior Advisor for the more, if it is allowed to be. The difference ary Board. Dole for President campaign. In this post, between a word’s various connotations deter- As noted in the Saturday, March 22 edition his top priority was coordinating Senator mine the feeling of a character, or descrip- of the Armenian Mirror-Spectator (see at- Dole’s presidential campaign in the State of tion of a scene. The word can even determine tached), JAA is an economics and business California. As a political strategist and advi- the future of a state, depending on whether education program that offers Applied Eco- sor, he has led to victory three U.S. Presi- it is used correctly or not in policy planning. nomics classes and the student company ex- dents, including Ronald Reagan and George Walter Lippman once said that he wrote Bush, and several California State leaders, each sentence as if the article were to be perience in Armenia's high schools and institu- including Governors Pete Wilson and George judged on that sentence alone. It is this ap- tions of higher learning. The purpose of the Deukmejian. During his career, Khachigian preciation of the written word that I try to program is to introduce students to the free has also served as chief speech-writer to give to everything I read. And what I have enterprise system, explain how it operates, President Reagan, and was a Nixon White chosen to read has largely defined not only and define its role in business and the global House aide. my interests at the moment, but even my May 1, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E815 character and future interests. Reading a bi- after spending 22 years in the Naval Reserve, study business administration, management, ography of Allen Dulles led me to Franklin retired as lieutenant commander in 1967. In or economics. Delano Roosevelt and a century of wise men. 1972, he was awarded the Navy Distinguished Reading about the Russian Revolution led Mr. Speaker, I invite my colleagues to join me, through a limited understanding of Karl Public Service Award, the highest civilian me in commending Ms. Bonnie Tam for her Marx, to other political philosophers. award given by the U.S. Navy. outstanding service to our community and in In 1948, he began his own automobile deal- Philosophy opened up great new doors for congratulating her for her academic achieve- ership and continues to be active in that in- me that I had previously not known existed. ments. I suddenly found myself fascinated in how dustry. He has served as director and past different people saw life and how I could at- president of the Motor Car Dealers Associa- f tain that higher form of being. Lippmann tion of southern California and in 1991 was in- helped answer that question for me. He ducted into the Automotive Hall of Fame. wrote that the best way to live life is to keep TRIBUTE TO VICTOR Ambassador Nesen has been active in both removed enough from anything that could ‘‘TRANSPORT’’ MAGHAKIAN affect you negatively, so that you could see local and national politics. In 1970, President it in an objective light. From his biography Nixon appointed Mr. Nesen to the National I learned that he was going through an awful Reserve Board, East-West Center and in 1972 HON. GEORGE P. RADANOVICH marriage at the time he wrote that and was he was appointed Assistant Secretary of the probably developing a plan to deal with it, Navy. In 1981, President Reagan appointed OF CALIFORNIA but it nevertheless affected me greatly. Mr. Nesen Ambassador to Australia and IN THE HOUSE OF REPRESENTATIVES It taught me to ‘‘storm the barricades’’ if Nauru. He remained in that position until his a problem arises rather than ‘‘retreat into a monastery.’’ He also taught me to never return to the United States in 1985. Thursday, May 1, 1997 waste time, but to evaluate any action I Throughout his distinguished career, Am- take in regard to how it will affect me now, bassador Nesen has earned the respect of Mr. RADANOVICH. Mr. Speaker, I rise and in the future and whether it is really many. He was named ``Patriotic Citizen of the today to pay tribute to Victor ``Transport'' worth doing. Year,'' receiving the Patrick Henry Patriotism Maghakian. A legend of World War II, And so now, I collect as many books as I Medallion by the Military Order of World Wars. Maghakian was one of the most decorated think are worth collecting, not because I will In 1991, he was given the Path to Dignity and well-respected soldiers of the war. read them all now, or read all of them later. Award by the American Parkinson Disease I collect them because when I look at my A native of Chicago, Maghakian moved to bookshelf, I feel I’m looking at my potential, Foundation. And, in 1994 he received the San Diego with his family in 1930. Nine years and when you are constantly reminded of World Citizen Award from the World Affairs later, he moved to Fresno. He first served in your potential, it is hard not to do your best Council of Ventura County. The award was the U.S. Marine Corps in the Philippines and to fulfill it. presented by Vice President Dan Quayle. throughout China. His familiarity with foreign Perhaps by reading philosophy, but prob- Ambassador Nesen is a model for us all. bases throughout the Pacific earned him the ably even before that, I have always had a His unwavering patriotism and dedication to great sense of history, and my future. I sit nickname ``Transport.'' After Pearl Harbor was duty are truly an inspiration. I am proud to pay attacked on December 7, 1941, Maghakian re- sometimes on the porch with my father and tribute to him today. grandfather in Bermuda or Scarsdale. We sit enlisted in the Marine Corps and was selected around, look up at those stars that are so no- f to work with the so-called suicide unit of crack ticeably lacking in New York City and we RECOGNITION OF BONNIE TAM soldiers. These tough Marines were known as philosophize: Carlson's Raiders. My grandfather explains the theory of ‘‘priming the pump’’ one minute and then HON. TOM LANTOS As a gunnery sergeant, Maghakian led his gives lessons from those days when he was OF CALIFORNIA troops through what was believed to be some living through the Depression. He tells me IN THE HOUSE OF REPRESENTATIVES of the bloodiest fighting in seven South Pacific the story of a speech he submitted for Hu- campaigns. During one mission, Maghakian bert Humphrey, which opposed the Vietnam Thursday, May 1, 1997 even made himself a human target so that a War and was firmly rejected by the can- Mr. LANTOS. Mr. Speaker, I invite my col- didate, who was then vice president. sniper, who had wounded one of his buddies, We all sit around: my grandfather, a testa- league to join me today in commending Ms. would give up his hiding spot. The enemy was ment to history; my father, a testament to Bonnie Tam, a senior at Westmoor High shot, but not before Maghakian was shot him- intellectualism, and I, a testament to poten- School and the recipient of the Congressional self, wounded by the sniper's gun-fire. tial. I think of how much they have influ- Youth Excellence Award in the 12th Congres- enced me and how much I want to be as in- sional District of California. Maghakian's bravery allowed him to con- telligent and as well read as they are. And Bonnie Tam's scholastic achievements are tinue undaunted through numerous battles. In then I realize that I have a long way to go; most impressive. She has maintained a high 1944, during the battle of Eniwetok, he elimi- and that through reading the books which I grade point average while undertaking a chal- nated the last four Japanese soldiers on Mellu collect, I will slowly chip away at the large Island and went on to rescue a platoon by de- block of space between theirs and my intel- lenging class schedule. She has supple- lectual stamina. mented her regular high school courses by stroying the enemy flank with grenades. In the I can’t wait until college, when required taking classes at the College of San Mateo battle, he saved the life of a young man who reading will be Nietzsche and Hegel. Hope- and at Skyline College. Her academic awards went on to be one of Hollywood's finest ac- fully, by then, I’ll be able to grasp more of include the Pacific Telesis Employees for torsÐLee Marvin. He also became the first of- them than I can now. I do know that the Women's Affirmative Action Scholarship, the ficer to raise the American flag on Tinian Is- pride of my household will always be my li- Bank of America Liberal Arts Award, Golden land. brary. For, looking into the books’ eyes, I see, I know, my future. State Exam Honors for Geometry and Amer- After leaving active duty in 1946, Maghakian ican History, Golden State Exam Student Rec- f retired as a captain, with full honors. He re- ognition for Biology and Algebra, and a Na- ceived the Navy Cross, two Silver Stars, a SALUTE TO AMBASSADOR ROBERT tional Merit Letter of Commendation. Ms. Tam Bronze Star, and two Purple Hearts. He re- NESEN has been recognized in the Who's Who of turned to Fresno where he owned and man- American High School Students. aged the Mid-Valley Beer and Wine Wholesale HON. ELTON GALLEGLY In addition to her outstanding academic Distributing Co. and the Victor Mobile Service. record, Bonnie has a remarkable record of OF CALIFORNIA Maghakian later joined the State Department community service. She has volunteered at IN THE HOUSE OF REPRESENTATIVES as a security officer in Morocco before settling Seton Medical Center in Daly City and at the in Las Vegas. He eventually moved back to Thursday, May 1, 1997 Westside Women's HIV Prevention Program in Fresno where he died in 1977, and was buried Mr. GALLEGLY. Mr. Speaker, I would like to San Francisco. In Westmoor High School, she at Ararat Cemetery. recognize Ambassador Robert Nesen for his has been involved in Symphonic Band, the numerous contributions to the State of Califor- Book Club, German Club, Math Tutoring Club, Mr. Speaker, Victor ``Transport'' Maghakian nia and his country. Newcomer Service Club, and the Gifted and fought for this Nation's freedom with uncom- In 1942, Mr. Nesen was commissioned in Talented Education Club. mon valor. I ask my colleagues to join me in the U.S. Navy, receiving his Navy wings in Bonnie will attend the University of Califor- paying tribute to Victor Maghakian, an Amer- 1943. He was on active duty until 1946 and nia, Berkeley, in the fall where she plans to ican hero. E816 CONGRESSIONAL RECORD — Extensions of Remarks May 1, 1997 TRIBUTE TO THE DEDICATION ereignty has thereby been based on a credi- missions like crisis management and conflict CEREMONY OF IBED’S NEWLY ble US military presence and robust rein- prevention. Also, the decision to build and REMODELED FACILITY forcement plans. It is my strong belief that reinforce a European Security and Defense this agreement has been to the mutual bene- Identity within the Alliance, and not sepa- fit of both countries and served to increase rate from it, is a key factor in the current HON. DAVID E. BONIOR allied security as a whole. adaptation. One of the objectives of the cur- OF MICHIGAN The post-cold war era has called for some rent adaptation should be to have European adjustments in our bilateral defence co- IN THE HOUSE OF REPRESENTATIVES allies properly engaged in the defense struc- operation as reflected by the changed secu- ture. Thursday, May 1, 1997 rity environment in Europe and the North At the same time the Trans-Atlantic link Mr. BONIOR. Mr. Speaker, today the Inter- Atlantic. This has been achieved by a special and a strongly visible and credible American understanding, or ‘‘Agreed Minute’’ signed presence in Europe and the command struc- national Brotherhood of Electrical Workers one year ago, which sets the force levels at ture needs to be maintained. Nothing should proudly dedicates their newly remodeled facil- Keflavik to the bare minimum of what we be done to undermine that. If we do that, we ity in Detroit, MI. Their building in Detroit is a consider credible defences for this country. threaten the very foundation of our Alliance proud symbol of their dedication to the growth The nature of the threat our Alliance is and our common security. and prosperity of the Greater Detroit metro- faced with has changed, but the risks are Another key task facing the Alliance is the politan area and its citizens. still there. Russia’s Northern fleet is still a preparation for new members. At the Sum- For the past 83 years, the IBEW has pro- force to reckon with, and is of growing im- mit in July, the decision on which countries portance to Russia’s overall military capa- to invite to the first post-cold war enlarge- vided safe electrical installation and mainte- bility and its status as a major power. ment of NATO will be made. This will be the nance for those who live in southeastern I do not wish to issue any gloomy pre- fourth time the alliance will enlarge since Michigan. The union has a long and pros- dictions as regards future developments in its foundation. perous history of faithfully serving our workers, that great and important country and most Since the start of the enlargement process, community, and country. During the war years, sincerely hope to see Russia develop as a we have seen decisive action from many of Local 58 joined the war effort to maintain in- prosperous democracy with a strong and our partners, who have expressed their inter- dustries needed to sustain our arsenal for de- lasting partnership with the west. But we est in membership, to fulfill membership cri- have to be aware of the fact that there is teria. This in itself has had a very positive fense. Many members joined the military and still a level of uncertainty about Russia’s fu- influence on European security. Many of the sacrificed their careers and lives to fight for ture course. countries of Central and Eastern Europe their country. The NATO base at Keflavik offers an excel- have already concluded, or are about to con- Within the walls of Local 58's building, union lent infrastructure and operational capabil- clude agreements with their neighbors set- leaders and members have joined together to ity to preserve the security functions needed tling previously unresolved disputes. In this protect democracy and the rights of workers. in this part of the world. way, NATO enlargement is already proving Their vision of safe working conditions, fair The crucial element here is the continu- to be of benefit to European security as a ation of one of the basic principles of our Al- whole. wages, and job protection began inside those liance, the indivisibility of security for the Enlargement is important to erase the ar- walls. Over the years, contracts have been member states. This principle becomes all tificial division of Europe and to recognize, fought and settled by generations of dedicated the more important now when we are taking through concrete action, that free independ- union members. the first steps towards accepting new mem- ent countries have the right to choose their The exterior of the building has been altered bers. own security arrangements. This right is but on the inside the same dedication to the Ladies and Gentlemen, we have today the clearly stated in the OSCE documents and rights of the workers remains. I would like to opportunity of creating a Europe whole and has been confirmed as recently as at the congratulate Local 58 for their contributions to free, a goal that eluded us for over forty OSCE Lisbon Summit last December. It years due to the post war division of Europe, would be totally unacceptable if certain their profession, community, and country. and Cold War rivalry. The profound changes countries were to be defined as not being eli- f and transformation that started in 1989 con- gible for NATO membership. In this context tinue. Fortunately these have, on the whole, I would like to draw your attention to the ICELANDIC FOREIGN MINISTER ON been positive. case of the Baltic States and ask that their NATO Still terrifying events have also occurred needs and aspirations receive your goodwill of scale and cruelty we thought belonged to and attention. HON. GERALD B.H. SOLOMON Europe’s past and the post-cold war era has After the end of the Cold War NATO has brought new risks and challenges as well as engaged in constructive dialogue and co- OF NEW YORK new opportunities. operation with its former adversaries. In 1991 IN THE HOUSE OF REPRESENTATIVES I believe there are several collective les- this took on concrete form with the estab- Thursday, May 1, 1997 sons that can be learned from the events lishment of the North Atlantic Co-operation since 1989. One is that peace is not to be Council. In 1994 this co-operation and dia- Mr. SOLOMON. Mr. Speaker, I have just re- taken for granted. Another is that despite logue was brought to a new level with the turned from a meeting of the heads of delega- overall progress, people in our part of the initiation of the Partnership for Peace pro- tions to the North Atlantic Assembly in Reykja- world are still capable of inflicting pain and gram. vik, Iceland, where Icelandic Foreign Minister suffering on fellow human beings. A third, PfP has proved to be one of the most effec- Halldor Asgrimsson delivered a remarkable and fundamental lesson, is that the North tive security co-operation programs ever, Atlantic Alliance and the Trans-Atlantic and has brought together all the NATO allies speech on the future of the North Atlantic Alli- link remain the base of our collective secu- and virtually every European country, re- ance. rity now that we take on new security chal- gardless of past or present affiliations. The I am inserting the text of the speech into the lenges that threaten peace and stability in experiences gained through PfP have been CONGRESSIONAL RECORD and commend it to our region. vital to the success of the peace operation in the attention of Members. 1997 will be a landmark year for our alli- Bosnia Herzegovina. ance. The current issues we commonly face We should enhance PfP and further SPEECH BY HE HALLDOR ASGRIMSSON, MIN- are of profound importance for the emerging strengthen co-operation with our partners ISTER FOR FOREIGN AFFAIRS AND EXTERNAL new European Security Architecture. These with the establishment of an Atlantic Part- TRADE—APRIL 5, 1997 are the internal adaptation of NATO, the en- nership Council. This will be especially im- Ladies and Gentlemen, it is a great pleas- largement process, the extended outreach to portant in light of the Alliance’s enlarge- ure to welcome representatives of the North our partners through PfP and the proposed ment, since unfortunately, the Alliance will Atlantic Assembly to Iceland. We are proud Atlantic Partnership Council, and the not be able to accommodate all countries as- to be one of the founding members of NATO, strengthening of relations with Russia and piring for membership in the first round of an institution of unrivalled importance to Ukraine. post-Cold War enlargement. Icelandic, European and, most importantly, The internal adaptation process is by no Again, in this context we must make it Trans-Atlantic security. means easy. It is important that throughout crystal clear that the Alliance remains open, Through membership of NATO Iceland this transformation we do not lose sight of and that this first post Cold War enlarge- shares its fate with its allies. In fact, we like our primary objective of ensuring credible ment will not be the last. Furthermore, we to think of Iceland’s membership in NATO as Allied defense, well into the next millen- should ensure that countries that still see the very embodiment of the Trans-Atlantic nium. As the Alliance transforms itself, we membership of NATO as their ultimate goal link. should take care not to let national aspira- will be able to co-operate and adapt to the To reinforce our security we have since tions stand in the way of our mutual success. Alliance’s mode of operation as far as pos- 1951 had a bilateral defense agreement with We have seen the development of the Com- sible through the enhanced PfP and APC. the United States, pursuant to the North At- bined Joint Task Force concept that makes As regards those countries that do not seek lantic Treaty. The defence of Iceland’s sov- the Alliance better suited to take on new membership, the APC and enhanced PfP will May 1, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E817 also provide an opportunity to work con- otherwise we risk loosing what we have al- TRIBUTE TO GASPER MAGARIAN structively with NATO to improve security ready gained. That is why the North Atlantic and stability in Europe as a whole. Alliance will continue to be important, rel- This year Iceland has the pleasure to host evant and necessary to ensure that peace and HON. GEORGE P. RADANOVICH a robust Partnership for Peace exercise, ‘‘Co- stability will prevail, for current and future OF CALIFORNIA operative Safeguard 97,’’ the first exercise generations. IN THE HOUSE OF REPRESENTATIVES within the framework of PfP to be conducted Finally, our Alliance is based on freedom in here in our country. Thursday, May 1, 1997 The scenario for Cooperative Safeguard 97, and respect for democratic principles, Ice- Mr. RADANOVICH. Mr. Speaker, I rise focusing on natural disaster relief, is ex- land has the oldest parliament in the world, founded almost twelve hundred years ago. today to pay tribute to Gasper Magarian. Mr. tremely important to Iceland. The Icelandic Magarian, a Fresno, CA attorney, has the dis- nation has always been at the mercy of the We attach great importance to the role of forces of nature, be it earthquakes, volcanic parliament and parliamentarians in preserv- tinction of being the oldest practicing attorney eruptions, avalanches or cruel seas. The ex- ing and enhancing democracy in our coun- in the State of California. ercise gives the domestic agencies and orga- try. Likewise, the importance of democratic As noted in a recent article from the Arme- nizations working in this field an excellent principles is reflected in your valuable work nian General Benevolent Union magazine opportunity to test their strength in inter- in the different parliaments of Alliance [AGBU], Magarian's familyÐlike many other national co-operation. Furthermore it is my member states. As we enlarge our Alliance Armenian families in FresnoÐarrived in Amer- to include the new democracies to our east, strong belief that all participating partner- ica 100 years ago. His family immigrated to ship states will benefit greatly from the type we will contribute to the strengthening of freedom and democratic development which Massachusetts to escape the atrocities suf- of civil and military co-operation which is fered under Ottoman Turkish persecution. the backbone of the exercise. is the key to prosperity and progress. Like- The importance of Cooperative Safeguard wise it is of utmost importance that the new Magarian was born in Billercia, MA, and 97 is not confined to its value as a disaster democracies themselves make every effort to moved to Fresno in 1904 with his parents. His relief exercise. It also has a great political strengthen the democratic process within as brothers and sisters were all born after the significance as a practical manifestation of well as respect for those principles through family moved to Fresno. the intimate co-operation and friendly rela- their actions. Strong and viable democratic His brothers and sisters range in age from tionship that has developed between NATO development is fundamental to European se- curity and stability, and of course the en- 85±94 years old. Magarian, the oldest brother and non-NATO countries through PfP. Twen- at age 97, is the only sibling still practicing in ty countries will participate. Russian par- largement of NATO. ticipation in the exercise is especially sig- his current profession. He has voluntarily cut nificant. f back on the amount of hours that he practices Russia, and Ukraine, occupy a special at the law firm of Heyman, Krikorian and place in Europe and in the outreach of the A TRIBUTE TO THE ROTARY CLUB Magarian, located in downtown Fresno. The Alliance to non-members. An independent, OF MUGELLO, ITALY, ON THE Magarian name on the firm is that of his democratic and stable Ukraine is in all our OCCASION OF ITS 20TH ANNIVER- grandson Mark, but his 62-year-old son Don- interests. Therefore the Alliance is in the aldÐand Magarian himselfÐlater joined in on process of developing an effective relation- SARY ship with Ukraine. I hope this new security the firm's ventures. Grandson Mark Magarian relationship will be formalized by the time calls his grandfather, Gasper, ``one of our of the Madrid summit. HON. THOMAS M. FOGLIETTA most valuable assets.'' Others in the firm Our relations with Russia are at the same speak to the advantage to having someone time going through a rapid transformation. OF PENNSYLVANIA around with 70 years of legal experience. We realize and recognize Russia’s difficultly IN THE HOUSE OF REPRESENTATIVES Magarian remarks that life for lawyers has in appreciating Nato’s enlargement, but changed since his earlier days. Magarian frankly it is not for Russia to decide, veto, Thursday, May 1, 1997 graduated from a local Fresno high school and or prevent. We have collectively been working hard to attended Stanford University in 1919. At the Mr. FOGLIETTA. Mr. Speaker, I rise today time, there was no tuition at Stanford and inci- explain to the Russians that enlargement is to pay tribute to the members of the Rotary not directed against the security interests of dental fees totaled about $60. Magarian fin- any country and the Alliance has always Club of Mugello, Italy, who have provided civic ished law school and was admitted to the Cali- been and will continue to be defensive in na- and humanitarian services to their community fornia State Bar in 1926. He began to work for ture; the Alliance has never had any terri- for the past 20 years. a San Francisco law firm, but eventually torial aspirations. NATO enlargement will Established in 1977 in the town of Mugello, moved back to Fresno in 1934. happen not because the Alliance wants to ex- nestled in the beautiful hills of Tuscany, the pand, but because the countries of Central In the first 50 years of his practice, and Eastern Europe are exercising their sov- club claims as members some of the most Magarian handled issues ranging from bank- ereign right to choose their own security ar- prominent business and professional leaders ruptcy, divorce, land transfers, and criminal rangements. of the Tuscany region. They include: physi- cases. Magarian also handled a varied work- However, a constructive participation of cians, dentists, architects, engineers, clothing load of paid cases, while maintaining a pro Russia in European security is of fundamen- designers, manufacturers, publishers, govern- bono caseload for the middle class and the tal importance. That is why we must inten- ment officials, cattle ranchers, and business- poor. Throughout his career he has also main- sify and formalize our relations with Russia men. tained a close relationship with the Armenian through a special charter or agreement. It is very important that our Secretary General The club has strong ties to the city of Phila- community. has had the full support of all allies in carry- delphia through Circuit Judge Joseph Bruno Mr. Speaker, I am honored to have Mr. ing out these discussions and I hope they and his wife, Kathy. It has also established a Magarian practicing law in the 19th congres- will soon come to a fruitful conclusion that twin-club relationship with a Rotary Club in sional district. His love for the legal profession will be of benefit to the security of NATO, Philadelphia, as well as with clubs in France and his perspective on life is both refreshing Russia and Europe as a whole. and Greece. Among its other activities through and inspirational. I congratulate him on his life- The goal is to establish far-reaching con- time of accomplishments and ask my col- sultative mechanisms and opportunities for Rotary International, the Rotary Club of extended co-operation, and even joint action, Mugello has established scholarship funds for leagues to join me in wishing him every suc- between Russia and the Alliance. The Alli- Italian students to study at graduate schools cess on his future endeavors. ances’ co-operation with Russia in IFOR and here in the United States. f SFOR has proved that facing practical prob- lems, NATO and Russia can work together The Rotary Club of Mugello, under the lead- EXTENDING STRUCTURED SETTLE- effectively and efficiently for the benefit of ership of its president, Paolo Collini and its in- MENT RULES TO WORKERS COM- European security. coming president, Alvaro Baglioni, will soon PENSATION Ladies and Gentleman, I have briefly dis- celebrate 20 years of ``Service Above Self,'' cussed Iceland and NATO, and some of the which is the motto of Rotary International and HON. JIM RAMSTAD most important tasks facing our Alliance in which is particularly fitting in the case of the the immediate future. In less than eight OF MINNESOTA years we have witnessed European security Mugello Rotarians. In light of their 20 years of IN THE HOUSE OF REPRESENTATIVES service to the community and their continued changing from confrontation to co-oper- Thursday, May 1, 1997 ation, from hostility to partnership. This is efforts at international outreach, I ask that my however no time for complacency. We need colleagues join me today in honoring the Ro- Mr. RAMSTAD. Mr. Speaker, I am pleased to continuously move forward and stay alert, tary Club of Mugello, Italy. to join today with Mr. SHAW and Mr. STARK E818 CONGRESSIONAL RECORD — Extensions of Remarks May 1, 1997 and other colleagues on the Ways and Means society, Emily and Betsy exemplify the kind of dent Reagan, permanently setting the day as Committee from both sides of the aisle in in- dedication and commitment we need from the first Thursday of every May. troducing legislation to extend structured set- people of all ages. Today is the National Day of Prayer. tlement rules under section 130 of the Internal Mr. Speaker, we as a nation are enriched We are celebrating in the Cannon caucus Revenue Code to workers' compensation. by the efforts of Betsy and Emily, and the room all dayÐfrom 10 a.m. to 3 p.m. Military I am a strong supporter of structured settle- thousands of children like them who give of Chiefs of Staff, Cabinet Secretaries, Senators, ments. I have seen firsthand in Minnesota how themselves to benefit their communities each and Representatives are gathering to ask for structured settlements can help victims of se- day. I hope that they are proud of themselves, prayers from the people. You see, the Na- vere physical injuries put their lives back to- and I am sure that their families take great tional Day of Prayer belongs to all Americans gether in the wake of a disabling injury, help pride in them. I encourage them to continue to of all faiths. It stands as a call to us to humbly support their families, and instill some hope for take an active role in the community and wish come before God, seeking His guidance for the future. them every success in the future. our leaders and His grace upon us as a peo- Structured settlements give crucial financial f ple. security to victims and their families by provid- Please join me today by stopping by the ing an assured stream of payments into the CONGRATULATING HOLLIS CURL Cannon caucus room to celebrate this great future to cover medical expenses and basic event. It is our prayer that during this National living needs. Structured settlements also save HON. EARL F. HILLIARD Day of Prayer, America will again remember taxpayer dollars by ensuring that injury victims OF ALABAMA the trust that made this Nation great. will not be required to seek indigent care. IN THE HOUSE OF REPRESENTATIVES f For all these reasons, Congress has sought Thursday May 1, 1997 to promote the use of structured settlements DOLLARS TO THE CLASSROOM through specific tax rules that have been en- Mr. HILLIARD. Mr. Speaker, I rise today to acted in the Internal Revenue Code. Extend- offer congratulations to one of the finest and HON. JOSEPH R. PITTS ing the Code section 130 structured settlement most honorable journalists that I have ever OF PENNSYLVANIA rules beyond physical injuries caused by torts had the pleasure to know, M. Hollis Curl of IN THE HOUSE OF REPRESENTATIVES Camden, AL. Mr. Curl has just received the to include physical injuries under workers' Thursday, May 1, 1997 compensation would provide the same finan- State of Alabama's highest journalism award, cial protection to victims who have suffered the Hector Award. Mr. PITTS. Mr. Speaker, I come before the serious, long-term physical injuries in the The Hector Award was given to Mr. Curl for House today because I believe that one of the workplace. the ``Most Outstanding Performance by an Al- greatest challenges that faces our Nation I understand the Treasury Department testi- abamian in Journalism.'' Mr. Curl is the pub- today is the education of our children and fied before Ways and Means in the last Con- lisher and editor of the Wilcox Progressive grandchildren. Recently, a fifth grade student gress that it does not oppose this proposal Era, located in Wilcox County, AL. This is not wrote to me commenting that ``people are tak- and sees no distinction for purposes of the Mr. Curl's first taste of victory. This is the sec- ing our parents for granted, because they're structured settlement tax rules between phys- ond time he has received this award and he paying taxes which they assume are to ical injuries suffered from torts and physical in- is the only person ever to win it twice. schools, but most of the money doesn't make juries suffered in the workplace. I also under- I am proud to say that I am a friend of Mr. it to the classroom where it should be.'' I stand the Joint Committee on Taxation esti- Curl. I am no stranger of his love for journal- agree with this student. mated in the last Congress that the proposal ism, and his quest to improve the community Currently, we are failing the school children would produce only a very minimal revenue in which he lives. At a time when the Presi- of America. We are failing their parents as we loss. dent is calling on the Nation to become more allow their hard-earned education tax dollars I join with my colleagues in urging prompt active in voluntarism, Mr. Curl has already to be funneled through layers of bureaucracy. enactment of this legislation. been a major community volunteer for over 30 The problem with our education system today f years. He serves on the board of his country's is not how much money we spend, but how hospital; president of the Gas Board for 15 we choose to spend it. HONORING BETSY BEAMF AND years; led the effort to get his county a 911 While it is unknown exactly what percentage EMILY DUTTON emergency line; serves as the Charter Com- of Federal education dollars reaches the mander of the U.S. Coast Guard Auxiliary, and classroom, a recent audit of New York City HON. LANE EVANS much, much more. public schools found that only 43 percent of OF ILLINOIS Above all, due to Mr. Curl's proactive jour- their local education budget reaches the class- IN THE HOUSE OF REPRESENTATIVES nalism, we were able to work together to re- room. Another study found that only 85 per- store the ferry-boat service across the Ala- cent of funds administered by the U.S. Depart- Thursday, May 1, 1997 bama river which was disrupted by the KKK in ment of Education for elementary and second- Mr. EVANS. Mr. Speaker, I rise today to the 1960's. Because of his due diligence, this ary education reach the school district level. honor Betsy Beamf, of Princeton, IL, and too, will soon become reality. Even if 65 percent of Federal education funds Emily Dutton, of Lewiston, IL. This weekend Mr. Speaker. When it comes to talking presently reach the classroom, it still means they will receive the Girl Scouts Gold Award about Mr. Hollis Curl, words fail me. Obvi- that billions of dollars are not directly spent on from the Kickapoo Council of Girl Scouts, and ously, words never fail Hollis, and his second children in the classroom. I congratulate them on this occasion. Hector Award says it all. Way to go, Hollis For these reasons, today I am introducing The Girl Scouts Gold Award represents the Curl. the Dollars to the Classroom resolution. My highest honor in Girl Scouting and recognizes f Dollars to the Classroom resolution expresses significant achievement in leadership, commu- the sense of the U.S. House of Representa- nity service, career planning, and personal de- THE NATIONAL DAY OF PRAYER tives that Department of Education, State edu- velopment. While Girl Scouting has provided cation departments, and local education agen- these young adults a supportive setting in HON. JOEL HEFLEY cies should spend more Federal education tax which to learn from and work with their peers OF COLORADO dollars for our Nation's childrenÐin their class- in a group, Emily and Betsy have earned this IN THE HOUSE OF REPRESENTATIVES rooms. award through their own individual commit- For far too long, Americans' hard-earned tax ment of over 50 hours of exceptional service. Thursday, May 1, 1997 dollars have gone to Federal bureaucrats and Through her performance of plays for local Mr. HEFLEY. Mr. Speaker, our Nation's first have churned through a Washington lab- youth, Betsy has fostered a greater apprecia- call to prayer came in 1775 when the Con- yrinthÐinstead of rightfully being placed in the tion for the world of theater and drama among tinental Congress asked the Colonies to pray hands of someone who knows your child's the children in her community. Emily drew for wisdom in forming a nation. Since then, the name. upon her artistic talents to design and create call to prayer has continued throughout our Of the $15.4 billion which goes to elemen- a mural in her school that promotes good history. In 1952, a joint resolution by Con- tary and secondary programs in the Federal sportsmanship. At a time when Americans na- gress, signed by President Truman, declared Department of Education, the classroom may tionwide have placed a renewed emphasis on an annual, National Day of Prayer. In 1988, be lucky to see 65 percent of that. That community service as a way of improving our the law was amended and signed by Presi- means over $5.4 billion is lost in the abyss of May 1, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E819 Department studies, publications, and grant Yes, let's help the kids. We have a moral Wilburn, committee co-chair`s Paula Garner administration. responsibility to drastically improve our current and Barbara Barstow, and the entire Fresno I believe Americans would rather see their education system for our children. chapter, as they observe this milestone in their dollars at workÐproviding more teachers and Mr. Speaker, for the sake of our Nation's organization. I wish them continued success in teacher aides, purchasing updated software kidsÐI call upon all of us to choose to put this worthy endeavor. and state-of-the-art microscopes, and even children first. I urge Members of the House to seeing that every American classroom is con- support the Dollars to the Classroom resolu- f nected to the Internet and brought into our tion. I thank the Speaker, and look forward to CITIZENSHIP USA new Information Age. working with him during the 105th Congress The classroom is where the action is. The on this important issue. classroom is where knowledge grows and the f HON. RON PACKARD learning takes place. Not in some stuffy Wash- OF CALIFORNIA ington officeÐwhere miles upon miles of pa- TRIBUTE TO THE AMERICAN IN- IN THE HOUSE OF REPRESENTATIVES perwork and publications are producedÐand STITUTE OF PARLIAMENTAR- even teachers must pay if they want to bene- IANS Thursday, May 1, 1997 fit. Mr. PACKARD. Mr. Speaker, the Immigra- The Dollars to the Classroom resolution HON. GEORGE P. RADANOVICH tion and Naturalization Service [INS] has test- calls on the Department of Education to see ed me time and again. Today, my patience that 90 percent of Department of Education el- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES has run out. My district in southern California ementary and secondary education funds get has one of the largest concentrations of illegal into the classrooms of this NationÐdirectly. Thursday, May 1, 1997 aliens. INS claims to be working to remedy If this actually happened roughly $1,800 Mr. RADANOVICH. Mr. Speaker, I rise this problem. They are failing miserably. would be added to each classroom budget today to pay tribute to the Fresno Chapter of This morning, I learned that the Citizenship across the United States. Even President Clin- the American Institute of Parliamentarians. USA Program, which is run by the INS, has ton has said, ``We cannot ask the American The American Institute of Parliamentarians failed to properly screen nearly 180,000 people to spend more on education until we has requested that California Governor Pete aliens. These aliens were hastily naturalized do a better job with the money we've got Wilson declare the month of April, ``Parliamen- without adequate background checks. Many now.'' As he and Vice President GORE have more submitted the fingerprints of another per- said, the reinventing of public education be- tary Emphasis Month.'' gins not in the halls or offices of Washington, Parliamentary procedure provides an accu- son to avoid triggering a hit by the FBI. How but in communities across the country. We rate, impartial and timely means of arriving at many criminals has the INS allowed to be- must ask the fundamental questions about the opinion of those present. The mission come a U.S. citizen? How many criminal how dollars which are to go to the public statement of the American Institute of Par- aliens are lurking in our neighborhoods and school systems are spent. liamentarians is: to foster, promote, and teach preying on our children? Education dollars in the classroom can the highest standards of parliamentary proce- Mr. Speaker, yesterday I helped introduce make a tremendous difference and can en- dure in keeping with both the principles of par- legislation drafted by my colleague, ELTON hance a child's learning experience. I would liamentary law and the adopted parliamentary GALLEGLY. This bill would expand a pilot pro- like to share some comments from school chil- authority, and in accordance with the accepted gram currently operating in Anaheim and Ven- dren about the Dollars to the Classroom reso- system of rules for conducting business in an tura Counties, CA, which requires 24-hour lution. They have said that, ``I support this bill organizational body. presence of INS agents at local jails in 100 because . .. Among others, America was founded upon counties with the highest concentration of ille- Our books are falling apart, so it is kind of the principles of individuals rights, majority gal aliens. hard to learn with them. rule, and the promotion of a deliberative proc- Currently, our local law enforcement officials My Social Studies book was new in 1988. ess for governing and decisionmaking proce- do not have the power to deport these criminal Hey, it’s 1997, we need to get new books! dures. Our third President, Thomas Jefferson, illegal aliens. This bill will place the proper au- I think more of the taxes for education should go to the schools. We really need wrote the first manual on parliamentary prac- thorities in the hands of our communities in more money in our classroom because our tice in this country. Published in 1801, that order to send these criminal illegal aliens back teacher always has to buy things for our manual has left an indelible mark on our his- over the border for good. In addition, because classroom with her own money. tory. The Rules of Order are an integral part those who committed crimes are more likely to We need to get more teachers so the chil- of any properly functioning organization. break the law again, this bill will pick up those dren can get more education. We need more money in the schools for Whether in the private sector, or at every level who slipped through the cracks of the Citizen- things such as books, paper, posters and of government, the Rules of Order is a guide ship USA Program. It is my hope that the INS items (our teacher) needs to teach. that continues to be utilized on a daily basis. will now correct the wrongs they have commit- Many chairs are wobbly, the books are Mr. Speaker, I commend the American Insti- ted against law-abiding U.S. citizens. The INS torn, in the winter, the classrooms are prac- tute of Parliamentarians for their adherence to must take appropriate action to deport those tically freezing. All of this makes it very dif- and respect for parliamentary law. I congratu- who are found to have submitted falsified doc- ficult to learn. This bill will hopefully im- prove our learning. late the American Institute of Parliamentarians uments to gain U.S. citizenship. It is the right I hope this bill is supported and becomes as they celebrate Parliamentary Emphasis thing to do for the safety of our children and official. The classrooms in the U.S. need Month, and ask my colleagues to join me in the security of our neighborhoods. We must more things and equipment to help the kids. tribute to Fresno Chapter president James rid our streets of these criminal aliens. Thursday, May 1, 1997 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate passed Volunteer Protection Act. Senate Officers and Employees Week’’, and the resolution Chamber Action was then agreed to. Page S3931 Routine Proceedings, pages S3861–S3932 Family Friendly Workplace Act: Senate began Measures Introduced: Sixteen bills and one resolu- consideration of the motion to proceed to S. 4, to tion were introduced, as follows: S. 675–690 and S.J. amend the Fair Labor Standards Act of 1938 to pro- Res. 29. Page S3901 vide to private sector employees the same opportuni- Measures Reported: Reports were made as follows: ties for time-and-a-half compensatory time off, bi- S. Res. 79, to commemorate the 1997 National weekly work programs, and flexible credit hour pro- Peace Officers Memorial Day. grams as Federal employees currently enjoy to help S. 476, to provide for the establishment of not balance the demands and needs of work and family, less than 2,500 Boys and Girls Clubs of America fa- and to clarify the provisions relating to exemptions cilities by the year 2000. Page S3900 of certain professionals from the minimum wage and overtime requirements of the Fair Labor Standards Measures Passed: Act of 1938, with a committee amendment. Volunteer Protection Act: By 99 yeas to 1 nay Pages S3880±90, S3894±95 (Vote No. 55), Senate passed S. 543, to provide cer- Subsequently, the motion to proceed to consider- tain protections to volunteers, nonprofit organiza- ation of the bill was withdrawn. Page S3895 tions, and governmental entities in lawsuits based on Supplemental Appropriations—Agreement: A the activities of volunteers, after taking action on the unanimous-consent agreement was reached providing following amendment proposed thereto: for the consideration of S. 672, making supplemental Pages S3861±67, S3870±80 appropriations and rescissions for the fiscal year end- Adopted: ing September 30, 1997, on Monday, May 5, 1997, Coverdell-Leahy Amendment No. 53, in the na- at 1 p.m. Page S3880 ture of a substitute. Pages S3874±79 Nominations Confirmed: Senate confirmed the fol- Honoring Jackie Robinson: Committee on Com- lowing nominations: merce, Science, and Transportation was discharged M.R.C. Greenwood, of California, to be a Member from further consideration of H. Con. Res. 61, hon- of the National Science Board, National Science oring the lifetime achievements of Jackie Robinson, Foundation, for a term expiring May 10, 2002. and the resolution was then agreed to. Page S3929 John A. Armstrong, of Massachusetts, to be a FDR Memorial: Senate passed S.J. Res. 29, to di- Member of the National Science Board, National rect the Secretary of the Interior to design and con- Science Foundation, for a term expiring May 10, struct a permanent addition to the Franklin Delano 2002. Roosevelt Memorial in Washington, D.C. Stanley Vincent Jaskolski, of Ohio, to be a Mem- Pages S3930±31 ber of the National Science Board, National Science National Correctional Officers and Employees Foundation, for a term expiring May 10, 2002. Week: Committee on the Judiciary was discharged Jane Lubchenco, of Oregon, to be a Member of from further consideration of S. Res. 64, to designate the National Science Board, National Science Foun- the week of May 4, 1997, as ‘‘National Correctional dation, for a term expiring May 10, 2000. D416 May 1, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D417 Richard A. Tapia, of Texas, to be a Member of Budget, all of the Food and Drug Administration, the National Science Board, National Science Foun- Department of Health and Human Services. dation, for a term expiring May 10, 2002. APPROPRIATIONS—VETERANS AFFAIRS Mary K. Gaillard, of California, to be a Member of the National Science Board, National Science Committee on Appropriations: Subcommittee on VA, Foundation, for a term expiring May 10, 2002. HUD, and Independent Agencies held hearings on Bob H. Suzuki, of California, to be a Member of proposed budget estimates for fiscal year 1998 for the National Science Board, National Science Foun- the Department of Veterans Affairs, receiving testi- dation, for a term expiring May 10, 2002. mony from Jesse Brown, Secretary of Veterans Af- Eamon M. Kelly, of Louisiana, to be a Member of fairs. the National Science Board, National Science Foun- Subcommittee will meet again on Tuesday, May dation, for a term expiring May 10, 2002. 6. Vera C. Rubin, of the District of Columbia, to be APPROPRIATIONS—DEFENSE a Member of the National Science Board, National Committee on Armed Services: Subcommittee on Readi- Science Foundation, for a term expiring May 10, ness concluded hearings on S. 450, authorizing funds 2002. for fiscal years 1998 and 1999 for military activities Routine lists in the Air Force, Army, Marine of the Department of Defense, and to prescribe mili- Corps, Navy. Pages S3931±32 tary personnel strengths for fiscal years 1998 and Messages From the House: Page S3899 1999, focusing on depot maintenance privatization Communications: Pages S3899±S3900 initiatives, after receiving testimony from John P. White, Deputy Secretary of Defense; and David Executive Reports of Committees: Pages S3900±01 Warren, Director, and Julia Denman, Assistant Di- Statements on Introduced Bills: Pages S3901±14 rector, both of the Defense Management Issues, and Additional Cosponsors: Page S3914 John Brosnan, Assistant General Counsel, all of the General Accounting Office. Amendments Submitted: Pages S3914±15 COMPTROLLER OF THE CURRENCY Notices of Hearings: Pages S3915±16 Committee on Banking, Housing, and Urban Affairs: Authority for Committees: Page S3916 Subcommittee on Financial Institutions and Regu- Additional Statements: Pages S3916±29 latory Relief concluded oversight hearings on the Record Votes: One record vote was taken today. regulatory activities of the Office of the Comptroller (Total—55). Page S3880 of the Currency, after receiving testimony from Eu- gene A. Ludwig, Comptroller of the Currency, De- Adjournment: Senate convened at 10:30 a.m., and partment of the Treasury. adjourned at 5:08 p.m., until 12 noon, on Monday, May 5, 1997. (For Senate’s program, see the remarks BUSINESS MEETING of the Acting Majority Leader in today’s Record on Committee on Commerce, Science, and Transportation: page S3932.) Committee ordered favorably reported the following business items: The nominations of Triruvarur R. Lakshmanan, of Committee Meetings New Hampshire, to be Director of the Bureau of Transportation Statistics, Kenneth M. Mead, of Vir- (Committees not listed did not meet) ginia, to be Inspector General, Vice Adm. Roger T. Rufe, U.S. Coast Guard, to be Commander, Atlantic APPROPRIATIONS—CFTC/FDA Area, United States Coast Guard, with the grade of Committee on Appropriations: Subcommittee on Agri- vice admiral while so serving, and Rear Adm. James culture, Rural Development, and Related Agencies C. Card, U.S. Coast Guard, to be Commander, Pa- concluded hearings on proposed budget estimates for cific Area, United States Coast Guard, all of the De- fiscal year 1998, after receiving testimony in behalf partment of Transportation, Jerry M. Melillo, of of funds for their respective activities from Brooksley Massachusetts, and Kerri-Ann Jones, of Maryland, Born, Chairperson, Commodity Futures Trading each to be an Associate Director of the Office of Commission; and Michael A. Friedman, Lead Deputy Science and Technology Policy, with the grade of Commissioner, Robert J. Byrd, Deputy Commis- vice admiral while so serving, Andrew J. Pincus, of sioner, Management and Systems, William B. New York, to be General Counsel of the Department Schultz, Deputy Commissioner for Policy, and Den- of Commerce, and certain promotion lists in the nis P. Williams, Deputy Assistant Secretary for United States Coast Guard; D418 CONGRESSIONAL RECORD — DAILY DIGEST May 1, 1997 S. 648, to establish legal standards and procedures Rights and Labor; Nina Shea, Freedom House, for product liability litigation; Washington, D.C.; Walid Phares, Florida Atlantic S. 363, to require that violent video programming University, Miami; and Bat Ye’or, Geneva, Switzer- is limited to broadcast after the hours when children land. are reasonably likely to comprise a substantial por- DOD HIGH RISK AREAS tion of the audience, unless it is specifically rated on the basis of its violent content so that it is blockable Committee on Governmental Affairs: Committee held by electronic means specifically on the basis of that hearings on proposed strategies to eliminate Depart- content, with an amendment; ment of Defense programs and operations identified S. 414, to encourage competition in international as high risk because of waste, fraud, abuse, and mis- shipping and growth of United States imports and management, focusing on financial management, in- exports, with an amendment in the nature of a sub- formation technology, weapon systems acquisition, stitute. (As approved by the committee, the bill au- contract management, infrastructure, and inventory thorizes $15 million for the Federal Maritime Com- management, receiving testimony from Henry L. mission.); and Hinton, Jr., Assistant Comptroller General, National S. 542, to authorize the Secretary of Transpor- Security and International Affairs Division, and Jef- tation to issue a certificate of documentation with frey C. Steinhoff, Director of Planning and Report- appropriate endorsement for employment in the ing, Accounting and Information Management Divi- coastwise trade for the vessel Far Horizons. sion, both of the General Accounting Office; and R. Noel Longuemare, Principal Deputy Under Secretary GRAND STAIRCASE-ESCALANTE NATIONAL for Acquisition and Technology, John F. Phillips, MONUMENT Deputy Under Secretary for Logistics, Emmett Paige, Committee on Energy and Natural Resources: Sub- Jr., Assistant Secretary for Command, Control, Com- committee on National Parks, Historic Preservation munication, and Intelligence, and John J. Hamre, and Recreation concluded hearings on S. 357, to au- Under Secretary and Comptroller, all of the Depart- thorize the Bureau of Land Management to manage ment of Defense. the Grand Staircase-Escalante National Monument in Hearings were recessed subject to call. Utah, after receiving testimony from Senators Hatch and Bennett; Representative Hansen; Bruce Babbitt, NATIONAL MISSILE DEFENSE Secretary of the Interior; Ted Stewart, Utah Depart- Committee on Governmental Affairs: Subcommittee on ment of Natural Resources, John A. Harja, Utah International Security, Proliferation, and Federal School and Institutional Trust Lands Administration, Services concluded hearings to examine the Adminis- and Scott Groene, Southern Utah Wilderness Alli- tration’s plan for national missile defense known as ance, all of Salt Lake City; Louise Liston, Garfield the ‘‘3+3’’ program and its compliance with the County Commission, Panguitch, Utah; Joe C. Judd, 1972 Anti-Ballistic Missile Treaty, after receiving Kane County Commission, Kanab, Utah; Mark Aus- testimony from John D. Holum, Director, U.S. tin, Boulder Mountain Lodge, Boulder, Utah; Arms Control and Disarmament Agency. Debbie Sease, Sierra Club, Washington, D.C.; and BUSINESS MEETING Robert E. Irelan, Conoco, Inc., Midland, Texas. Committee on the Judiciary: Committee ordered favor- NOMINATION ably reported the following measures: Committee on Foreign Relations: Committee concluded S. 476, to provide for the establishment of not hearings on the nomination of Stuart E. Eizenstat, of less than 2,500 Boys and Girls Clubs of America fa- Maryland, to be Under Secretary of State for Eco- cilities by the year 2000; and nomic, Business and Agricultural Affairs, after the S. Res. 79, to commemorate the 1997 National nominee, who was introduced by Senators D’Amato, Peace Officers Memorial Day. Sarbanes, Coverdell, and Cleland, testified and an- INS REFORM swered questions in his own behalf. Committee on the Judiciary: Subcommittee on Immi- RELIGIOUS PERSECUTION gration concluded oversight hearings to review cer- Committee on Foreign Relations: Subcommittee on Near tain activities of the Immigration and Naturalization Eastern and South Asian Affairs concluded hearings Service, focusing on the criminal record verification to examine the impact of religious persecution process for citizenship applicants, after receiving tes- against Christians and other religious minorities in timony from Stephen R. Colgate, Assistant Attorney the Middle East, after receiving testimony from Rep- General for Administration, Justice Management Di- resentative Wolf; Steven J. Coffey, Principal Deputy vision, Michael R. Bromwich, Inspector General, Assistant Secretary of State for Democracy, Human Doris Meissner, Commissioner, Immigration and May 1, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D419 Naturalization Service, and Charles W. Archer, As- research priorities, receiving testimony from Harold sistant Director, Criminal Justice Information Serv- E. Varmus, Director, National Institutes of Health, ices Division, Federal Bureau of Investigation, all of Department of Health and Human Services; Kenneth the Department of Justice; Richard M. Stana, Acting I. Shine, President, Institute of Medicine, National Associate Director, Administration of Justice Issues, Academy of Sciences; Michael Rosenblatt, Harvard- General Government Division, General Accounting MIT Division of Health Sciences and Technology, Office; and Gary M. Ahrens, KPMG Peat Marwick, Boston, Massachusetts; John W. Suttie, Federation of Washington, D.C. American Societies for Experimental Biology, Be- AUTHORIZATION—NIH/BIOMEDICAL thesda, Maryland; Leon E. Rosenberg, Bristol-Myers RESEARCH Squibb Company, Princeton, New Jersey; Myrl Committee on Labor and Human Resources: Subcommit- Weinberg, National Health Council, Washington, tee on Public Health and Safety held hearings on D.C.; and Mary Woolley, Research! America, Alex- proposed legislation authorizing funds for the Na- andria, Virginia. tional Institutes of Health, focusing on biomedical Hearings were recessed subject to call. h House of Representatives viding amounts for the expenses of certain commit- Chamber Action tees of the House of Representatives in the One Bills Introduced: 20 public bills, H.R. 1508–1527; Hundred Fifth Congress. Pages H2099±H2106 1 private bill, H.R. 1528; and 7 resolutions, H.J. H. Res. 136, the rule that provided for consider- Res. 76, H. Con. Res. 70–72, and H. Res. 139–141, ation of the resolution was agreed to earlier by a were introduced. Pages H2154±56 voice vote. Pages H2098±99 Reports Filed: Reports were filed as follows: Housing Authority and Responsibility Act: The H.R. 408, to amend the Marine Mammal Protec- House completed all debate on Wednesday, April 30 tion Act of 1972 to support the International Dol- and began consideration of amendments to H.R. 2, phin Conservation Program in the eastern tropical to repeal the United States Housing Act of 1937, Pacific Ocean (H. Rept. 105–74 Part II); deregulate the public housing program and the pro- H.R. 1463, to authorize appropriations for fiscal gram for rental housing assistance for low-income years 1998 and 1999 for the Customs Service, the families, and increase community control over such Office of the United States Trade Representative, programs. Consideration of amendments will resume and the International Trade Commission, amended on Tuesday, May 6. Pages H2107±24 (H. Rept. 105–85); and A point of order under section 425(a) of the H.R. 3, to combat violent youth crime and in- Budget Act, against the Committee amendment in crease accountability for juvenile criminal offenses, the nature of a substitute (made in order by the rule for the purpose of amendment) was resolved by the amended (H. Rept. 105–86). Page H2154 decision of the House on the question of consider- Speaker Pro Tempore: Read a letter from the ation pursuant to section 426(b)(3) of the Budget Speaker wherein he designated Representative Act. The point of order asserted that Section 105, LaTourette to act as Speaker pro tempore for today. Community Work and Family Self-Sufficiency Re- Page H2095 quirements, and Section 106, Local Housing Man- Guest Chaplain: The prayer was offered by the agement Plans, constituted an unfunded intergovern- guest chaplain, the Rev. Leander Wilkes of Santa mental mandate. By a recorded vote of 237 ayes to Barbara, California. Page H2095 183 noes, Roll No. 99, the House voted to consider the Committee amendment in the nature of a sub- Journal Vote: By a yea-and-nay vote of 343 yeas to stitute. Pages H2107±12 42 nays, Roll No. 97, the House agreed to the Agreed to: Speaker’s approval of the Journal of Wednesday, Lazio amendment that makes technical changes, April 30. Pages H2095±96 allows Public Housing Authorities to use money Committee Funding: By a yea-and-nay vote of 262 earned from increases to rental income for additional yeas to 157 nays, Roll No. 98, the House agreed to vouchers; replaces precise authorization amount ap- H. Res. 129 as amended pursuant to the rule, pro- propriated for choice-based housing assistance with D420 CONGRESSIONAL RECORD — DAILY DIGEST May 1, 1997 ‘‘such funds as may be appropriated’’; clarifies the Quorum Calls—Votes: Two yea-and-nay votes and availability of housing for nonelderly disabled ten- four recorded votes developed during the proceedings ants; revises the home rule flexible grants program of the House today and appear on pages H2095–96, to provide greater rent protections to tenants; and H2106, H2112–13, H2147–48, H2148, and authorizes rule-making to protect senior homeowners H2149–50. There were no quorum calls. under reverse mortgage programs; and Adjournment: Met at 10:00 a.m. and adjourned at Pages H2113±22 6:07 p.m. Lazio en bloc amendment that requires that appli- cants and tenants disclose income information to the Public Housing Authority; provides for policy co- Committee Meetings ordination with entities providing assistance to LABOR-HHS-EDUCATION homeless families; and requires that homeownership APPROPRIATIONS activities and annual goals for additional home- ownership units be reported in the housing manage- Committee on Appropriations: Subcommittee on Labor, ment plan annual report. Pages H2122±24 Health and Human Services, and Education held a Rejected: hearing on the SSA and on the Corporation for Na- The Jackson of Illinois amendment that sought to tional and Community Service. Testimony was heard prohibit any public housing agency from evicting a from John J. Callahan, Acting Commissioner, Social family solely on the basis of any failure to comply Security, SSA and Harris Wofford, CEO, Corporation with the community work requirements (rejected by for National Service. a recorded vote of 160 ayes to 251 noes, Roll No. VA-HUD-INDEPENDENT AGENCIES 100); Pages H2124±48 APPROPRIATIONS The Weldon of Florida amendment to the Jackson of Illinois amendment that sought to exempt not Committee on Appropriations: Subcommittee on VA, more than 20 percent of the total number of families HUD, and Independent Agencies continued appro- assisted by a public housing agency from the com- priation hearings. Testimony was heard from public munity work requirement: single parents, grand- witnesses. parents, or spouses of an otherwise exempted indi- COMPUTER GENERATED CHECK FRAUD vidual who are the primary caregivers of children under six, elderly persons, or persons with disabil- Committee on Banking and Financial Services: Sub- ities (rejected by a recorded vote of 153 ayes to 252 committee on Domestic and International Monetary Policy held a hearing on Computer Generated Check noes, Roll No. 101); and Page H2148 The Jackson of Illinois amendment that sought to Fraud. Testimony was heard from Kevin T. Foley, exempt from the community work requirement sin- Deputy Assistant Director, U.S. Secret Service, De- gle parents, grandparents, or spouses of an otherwise partment of the Treasury; Charles L. Owens, Chief, exempted individual who are the primary caregivers Financial Crimes Section, FBI, Department of Jus- of children under six, elderly persons, or persons tice; and public witnesses. with disabilities (rejected by a recorded vote of 181 FINANCIAL SERVICES REFORM ayes to 216 noes, Roll No. 102). Pages H2149±50 Committee on Commerce: Subcommittee on Finance and On April 30, the House agreed to H. Res. 133, Hazardous Materials held a hearing on Financial the rule that is providing for consideration of the Services Reform, focusing on ‘‘A Two Way Street’’ bill. Pages H2035±41 and Functional Regulation. Testimony was heard Meeting Hour: Agreed that when the House ad- from public witnesses. journs today, it adjourn to meet at 2:00 p.m. on Monday, May 5. Agreed that when the House ad- REVIEW OF EPA’S OZONE AND journs on Monday, it adjourn to meet at 12:30 p.m. PARTICULATE MATTER NAAQS REVISIONS on Tuesday, May 10 for morning hour debate. Committee on Commerce: Subcommittee on Health and Page H2150 Environment and the Subcommittee on Oversight Calendar Wednesday: Agreed that the business in and Investigations continued joint hearings on Re- order under the Calendar Wednesday rule be dis- view of EPA’s Proposed Ozone and Particulate Mat- pensed with on Wednesday, May 7. Page H2150 ter NAAQS Revisions: Perspectives of State and Local Elected Officials. Testimony was heard from Amendments: Amendments ordered printed pursu- Craig Peterson, Senator, State of Utah; Tom Alley, ant to the rule appear on pages H2157–58. Representative, State of Michigan; Alan Kukavich, Senate Messages: Message received from the Senate Senator, State of Pennsylvania; Rick Russman, Sen- today appears on page H2096. ator, State of New Hampshire; Richard L. Brodsky, May 1, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D421 Chairman, Committee on Environmental Conserva- David J. Hayes, Counselor to the Secretary, Depart- tion, Assembly, State of New York; and public wit- ment of the Interior; the following officials of the nesses. State of Rhode Island: Lincoln Almond, Governor; Hearings continue May 8th. and Donald J. Lally, Jr., Representative, House of EDUCATION—WHAT WORKS, WHAT’S Representatives; and public witnesses. WASTED CIVILITY—HOUSE OF REPRESENTATIVES Committee on Education and the Workforce: Subcommit- Committee on Rules: Subcommittee on Rules and Or- tee on Oversight and Investigations and the Sub- ganization of the House concluded hearings on Civil- committee on the District of Columbia of the Com- ity in the House of Representatives. Testimony was mittee on Government Reform and Oversight held heard from Kathleen Hall Jamieson, Dean, a joint hearing on ‘‘Education at a Crossroads, What Annenberg School for Communication, University of Works, What’s Wasted in the D.C. School System?’’ Pennsylvania; Donald Wolfensberger, Guest Scholar, Testimony was heard from the following officials of Woodrow Wilson International Center for Scholars; the District of Columbia: Marion Barry, Mayor; Ju- Stephen Frantzich, Professor and Chairman, Depart- lius Becton, Chief Executive Officer, Public Schools; ment of Political Science, U.S. Naval Academy; and Bruce Maclaury, Chairman, Emergency Board of Eric Uslaner, Professor, Political Science, University Trustees, Public Schools; Don Reeves, President, of Maryland-College Park. Board of Education; and Kevin Chavous, Chairman, Committee on Education, Libraries and Recreation, WHY EXPORTS MATTER City Council; Joyce Ladner, member, Financial Re- Committee on Small Business: Subcommittee on Tax, sponsibility and Management Assistance Authority; Finance, and Exports held a hearing on ‘‘Why Ex- and public witnesses. ports Matter’’. Testimony was heard from public MISCELLANEOUS MEASURES witnesses. Committee on Government Reform and Oversight: Sub- REAUTHORIZATION—WAR RISK committee on Government Management, Informa- INSURANCE PROGRAM tion, and Technology held a hearing on the follow- Committee on Transportation and Infrastructure: Sub- ing: Presidential and Executive Office Financial Ac- committee on Aviation held a hearing on Reauthor- countability Act of 1997; and Special Government ization of the War Risk Insurance Program. Testi- Employee Act of 1997. Testimony was heard from mony was heard from Gerald L. Dillingham, Associ- Representative Mica; Stephen Potts, Director, Office ate Director, Transportation Issues, Resources, Com- of Government Ethics; and public witnesses. munity and Economic Development Division, GAO; REAUTHORIZATION—OFFICE OF Louise E. Maillett, Acting Assistant Administrator, NATIONAL DRUG CONTROL POLICY Policy, Planning and International Aviation, FAA, Committee on Government Reform and Oversight: Sub- Department of Transportation; the following officials committee on National Security, International Af- of the U.S. Air Force, Department of Defense: Maj. fairs and Criminal Justice held a hearing on Reau- Gen. Gary A. Voellger, USAF, Director of Oper- thorization of the Office of National Drug Control ations, Headquarters, Air Mobility Command; and Policy. Testimony was heard from Barry R. McCaf- Brig. Gen. Gilbert J. Regan, USAF, Chief Counsel, frey, Director, Office of National Drug Control Pol- Headquarters, U.S. Transportation Command and icy; and Norman J. Rabkin, Director, Administra- Staff Judge Advocate, Air Mobility Command; and tion of Justice Issues, GAO. a public witness. FOREIGN POLICY REFORM ACT LOW-INCOME HOUSING TAX CREDIT Committee on International Relations: Continued mark- Committee on Ways and Means: Subcommittee on up of H.R. 1486, Foreign Policy Reform Act. Oversight concluded hearings on the Low-Income Will continue May 6. Housing Tax Credit. Testimony was heard from Representatives Rangel and Metcalf; and public wit- OVERSIGHT nesses. Committee on Resources: Held an oversight hearing on the provision in the 1997 Omnibus Appropriations BRIEFING; BUDGET HEARING Act which removed the Narragansett Indian Tribe of Permanent Select Committee on Intelligence: Met in execu- Rhode Island from the coverage of the Indian Gam- tive session for a briefing on Chinese Counterintel- ing Regulatory Act. Testimony was heard from Sen- ligence Issues. The Committee was briefed by de- ators Chafee and Reed; Representative Weygand; partmental witnesses. D422 CONGRESSIONAL RECORD — DAILY DIGEST May 1, 1997 The Committee also met in executive session to and the Newly Independent States, 2 p.m., S–128, Cap- hold a Budget hearing on Legislative Issues. Testi- itol. mony was heard from departmental witnesses. May 7, Subcommittee on Labor, Health and Human f Services, and Education, to hold hearings on proposed budget estimates for fiscal year 1998 for cancer research NEW PUBLIC LAWS programs of the Department of Health and Human Serv- ices, 9:15 a.m., SH–216. (For last listing of Public Laws, see DAILY DIGEST p. D396) May 7, Subcommittee on Defense, to hold hearings on H.R. 1003, to clarify Federal law with respect to proposed budget estimates for fiscal year 1998 for the restricting the use of Federal funds in support of as- Department of Defense, 10 a.m., SD–192. sisted suicide. Signed April 30, 1997. (P.L. 105–12) May 7, Subcommittee on Transportation, to hold hear- f ings on proposed budget estimates for fiscal year 1998 for the Department of Transportation, focusing on transpor- COMMITTEE MEETINGS FOR FRIDAY, tation infrastructure financing issues, 10 a.m., SD–124. MAY 2, 1997 Committee on Energy and Natural Resources: May 5, to Senate hold hearings on S. 430, to amend the Act of June 20, 1910, to protect the permanent trust funds of the State No meetings are scheduled. of New Mexico from erosion due to inflation and modify House the basis on which distributions are made from those funds, 10:30 a.m., SD–366. Committee on Appropriations, Subcommittee on VA, May 6, Full Committee, to hold hearings on the nomi- HUD, and Independent Agencies, on public witnesses, 10 nation of Elizabeth Anne Moler, of Virginia, to be Dep- a.m., and 2 p.m., H–143 Capitol. uty Secretary of Energy, 9:30 a.m., SD–366. Joint Meetings May 8, Full Committee, to hold a workshop to exam- ine competitive change in the electric power industry, fo- Joint Economic Committee, to hold hearings to examine cusing on the effects of competition on fuel use and types the employment-unemployment situation for April and of generation, 9:30 a.m., SH–216. the Consumer Price Index, 9:30 a.m., 1334 Longworth Committee on Environment and Public Works: May 7, Sub- Building. committee on Transportation and Infrastructure, to re- f sume hearings on proposed legislation authorizing funds for programs of the Intermodal Surface Transportation Ef- CONGRESSIONAL PROGRAM AHEAD ficiency Act of 1991, focusing on safety issues and pro- Week of May 5 through 10, 1997 grams, 9:30 a.m., SD–406. Senate Chamber Committee on Foreign Relations: May 6, Subcommittee on On Monday, Senate will consider S. 672, Supple- Near Eastern and South Asian Affairs, to hold hearings mental Appropriations. to examine who is responsible for arming Iran, 10 a.m., During the balance of the week, Senate expects to SD–419. complete consideration of S. 672, Supplemental Ap- May 7, Subcommittee on European Affairs, to hold propriations, and consider any cleared executive and hearings on the Administration’s proposed budget request for fiscal year 1998 for Central and Eastern Europe and legislative business. the former Soviet Union, 10 a.m., SD–419. (Senate will recess on Tuesday, May 6, 1997 from May 8, Full Committee, business meeting, to consider 12:30 p.m. until 2:15 p.m. for respective party con- the Document Agreed Among the States Parties to the ferences.) Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna on May 31, 1996 Senate Committees (‘‘the Flank Document’’) (Treaty Doc. 105–5), and other (Committee meetings are open unless otherwise indicated) pending calendar business, 10:30 a.m., SD–419. Committee on Appropriations: May 6, Subcommittee on Committee on Governmental Affairs: May 7, to hold hear- VA, HUD, and Independent Agencies, to hold hearings ings to review the final report of the Commission on Pro- on proposed budget estimates for fiscal year 1998 for the tecting and Reducing Government Secrecy and the rec- National Aeronautics and Space Administration, 9:30 ommendations of the report, including recommendations a.m., SD–138. for legislation to codify the classification system and en- May 6, Subcommittee on Legislative Branch, to hold hance accountability, 10 a.m., SD–342. hearings on proposed budget estimates for fiscal year May 8, Subcommittee on Oversight of Government 1998 for the Joint Committee on Taxation, the Joint Management, Restructuring and the District of Colum- Economic Committee, and the Joint Committee on Print- bia, to hold hearings to examine the Government’s im- ing, 10 a.m., S–128, Capitol. pact on television programming, 10 a.m., SD–342. May 6, Subcommittee on Foreign Operations, to hold Committee on the Judiciary: May 6, to hold hearings to hearings on proposed budget estimates for fiscal year examine encryption issues in the information age, 10 1998 for foreign assistance programs, focusing on Russia a.m., SD–226. May 1, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D423

May 6, Subcommittee on Youth Violence, to hold poultry products between the United States and the Euro- hearings to review the programs and mandates of the Of- pean Union, 1 p.m., 1300 Longworth. fice of Juvenile Justice Delinquency Prevention, 2 p.m., Committee on Appropriations, May 6, Subcommittee on SD–226. Labor, Health and Human Services, and Education, on May 7, Full Committee, to hold hearings on S. 507, Occupational Safety and Health Review Commission; Na- to establish the United States Patent and Trademark Or- tional Mediation Board; and Armed Forces Retirement ganization as a Government corporation, and to revise the Home, 2 p.m., 2358 Rayburn. provisions of title 35, United States Code, relating to May 7, Subcommittee on Labor, Health and Human procedures for patent applications, commercial use of pat- Services, and Education, on Secretary of Labor, 10 a.m., ents, and reexamination reform, 10 a.m., SD–226. and on National Cancer Institute; National Institute on May 7, Full Committee, to hold hearings on pending Allergy and Infectious Diseases; and National Human nominations, 2 p.m., SD–226. Genome Research Institute, 2 p.m., 2358 Rayburn. May 8, Full Committee, to hold hearings on provisions May 7, Subcommittee on VA–HUD, and Independent of S. 43, to throttle criminal use of guns, 2 p.m., Agencies, on Consumer Product Safety Commission, 10 SD–226. a.m., Consumer Information Center, 11 a.m., and on Of- Committee on Labor and Human Resources: May 6, Sub- fice of Consumer Affairs, 12 p.m., H–143 Capitol. committee on Public Health and Safety, to hold hearings May 8, Subcommittee on District of Columbia, on to examine public health issues, focusing on Centers for D.C. Privatization of the Financial Management System, Disease Control project grants for preventable health serv- 10 a.m., H–144 Capitol. ices, 9:30 a.m., SD–430. Committee on Banking and Financial Services, May 7, May 7, Full Committee, business meeting, to mark up hearing on Financial Modernization, including H.R. 10, the proposed Individuals with Disabilities Education Act Financial Services Competitiveness Act of 1997, 10 a.m., Amendments of 1997, and consider pending nominations, 2128 Rayburn. 9:30 a.m., SD–430. May 8, Subcommittee on Domestic and International Committee on Rules and Administration: May 8, to resume Monetary Policy, to mark up the following: H.R. 1370, hearings to discuss revisions to Title 44, relating to the to reauthorize the Export-Import Bank of the United operations of the Government Printing Office, 9:30 a.m., States; and a measure to reauthorize the International Fi- SR–301. nancial Institutions, 10 a.m., 2128 Rayburn. Committee on Small Business: May 7, to hold hearings on Committee on Commerce, May 7, Subcommittee on Over- the Small Business Administration’s finance programs, sight and Investigations, hearing on the Department of 9:30 a.m., SR–428A. Energy’s Office of Science and Technology (OST), focus- Select Committee on Intelligence: May 6 and 7, to hold ing on issues relating to OST-funded technologies and hearings on the nomination of George J. Tenet, of Mary- their deployment at DOE sites, 10 a.m., 2123 Rayburn. land, to be Director of Central Intelligence, Tuesday at May 8, Subcommittee on Health and Environment and 10 a.m. in SH–216 and Wednesday at 2 p.m. in SH- Subcommittee on Oversight and Investigations, to con- 219. tinue joint hearings on Review of EPA’s Proposed Ozone and Particulate Matter NAAQS Revisions, 10 a.m., 2123 House Chamber Rayburn. Monday, No Legislative Business; Committee on Education and the Workforce, May 7, to Tuesday, Consideration of 1 Suspension: H.R. mark up the following bills: H.R. 5, IDEA Improvement 1463, Customs Service, U.S. Trade Representative, Act of 1997; and H.R. 1511, Cost of Higher Education Review Act of 1997, 10 a.m., 2175 Rayburn. and International Trade Commission Authorization; May 8, Subcommittee on Employer-Employee Rela- and tions, hearing on H.R. 1515, Expansion of Portability Continue consideration of H.R. 2, Housing Op- and Health Insurance Coverage Act of 1997, 10 a.m., portunity and Responsibility Act of 1997 (open 2175 Rayburn. rule); May 8, Subcommittee on Oversight and Investigations, Wednesday and Thursday, Consideration of H.R. hearing on Dollars to the Classroom, 1 p.m., 2261 Ray- 478, Flood Prevention and Family Protection Act of burn. 1997 (subject to a rule); Committee on International Relations, May 6, to continue Consideration of H.R. 3, Juvenile Crime Control markup of H.R. 1486, Foreign Policy Reform Act, 5 Act of 1997 (subject to a rule); and p.m., 2172, Rayburn. Consideration of H.R. 1469, Supplemental Appro- May 7, Subcommittee on Asia and the Pacific, hearing on U.S. Policy Toward Indonesia, 1:30 p.m., 2172 Ray- priations Act (subject to a rule); burn. Friday, No votes are expected. Committee on the Judiciary, May 7, oversight hearing re- garding ‘‘Grassroots Solutions to Youth Crime,’’ 2 p.m., House Committees 2141 Rayburn. Committee on Agriculture, May 8, Subcommittee on Live- Committee on National Security, May 7, Subcommittee on stock, Dairy, and Poultry, hearing to review the status Military Readiness, hearing on Naval Petroleum Reserves, and future prospects for trade in livestock, dairy, and 10 a.m., 2212 Rayburn. D424 CONGRESSIONAL RECORD — DAILY DIGEST May 1, 1997

May 7, Subcommittee on Military Research and Devel- roneous land surveys; H.R. 1020, to adjust the land opment, hearing on the fiscal year 1998 National Defense boundary of the White River National Forest in the State Authorization request-Ballistic Missile Defense (BMD) of Colorado to include all National Forest System lands Threat, 2 p.m., 2118 Rayburn. within Summit County, Colorado, which are currently May 8, Subcommittee on Military Installations and Fa- part of the Dillon Ranger District of the Arapaho Na- cilities, hearing on the fiscal year 1998 military construc- tional Forest; H.R. 1439, a bill to facilitate the sale of tion budget, 2 p.m., 2212 Rayburn. certain land in Tahoe National Forest in the States of May 8, Subcommittee on Military Personnel, hearing California to Placer County, California; and H.R. 79, on the status of the Ready Reserve Mobilization Insurance Hoopa Valley Reservation South Boundary Adjustment Program, 10 a.m., 2118 Rayburn. Act, 10 a.m., 1324 Longworth. Committee on Resources, May 6, Subcommittee on Fish- Committee on Science, May 6, Subcommittee on Tech- eries Conservation, Wildlife and Oceans, hearing on the nology, hearing on ‘‘Technology in the classroom: Panacea following measures: H. Res. 87, expressing the sense of or Pandora’s Box?’’ 2 p.m., 2318 Rayburn. the House of Representatives that the United States and May 7, Subcommittee on Energy and Environment, the United Nations should condemn coral reef fisheries hearing on ‘‘The Science Behind EPA’s Proposed Particu- that are harmful to coral reef ecosystems and promote the late Matter/Ozone Standards, Part 2’’, 10 a.m., 2318 Ray- development of sustainable coral reef fishing practices burn. worldwide; H.R. 608, Marion National Fish Hatchery Committee on Transportation and Infrastructure, May 7, to Conveyance Act; and H.R. 796, to direct the Secretary of consider the following: H. Con. Res. 49, authorizing the the Interior to make technical corrections to a map relat- use of the Capitol Grounds for the Greater Washington ing to Coastal Barrier Resources System, 10 a.m., 1334 Soap Box Derby; H. Con. Res. 66, authorizing the use Longworth. of the Capitol Grounds for the 16th annual National May 6, Subcommittee on Forests and Forest Health, Peace Officers’ Memorial Service; H. Con. Res. 67, au- hearing on the following bills: H.R. 985, to provide for thorizing the 1997 Special Olympics Torch Relay to run the expansion of the Eagles Nest Wilderness within through the Capitol Grounds; two Committee amend- Arapaho and White River National Forests, Colorado, to ments to GSA resolutions; Water Resources Survey reso- include the lands known as the Slate Creek Addition lutions; and other pending Committee business, 10 a.m., upon the acquisition of the lands by the United States; H.R. 1019, to provide for a boundary adjustment and 2167 Rayburn. land conveyance involving the Raggeds Wilderness, Committee on Veterans’ Affairs, May 7, Subcommittee on White River National Forest, Colorado, to correct the ef- Benefits, hearing on Government Performance and Re- fects of earlier erroneous land surveys; H.R. 1020, to ad- sults Act strategies for the Veterans Employment and just the land boundary of the White River National For- Training Service, 8:30 a.m., 340 Cannon. est in the State of Colorado to include all National Forest May 8, Subcommittee on Health, hearing on the fol- System lands within Summit County, Colorado, which are lowing: H.R. 1362, Veterans Medicare Reimbursement currently part of the Dillon Ranger District of the Arap- Demonstration Act of 1997; and proposals on both Medi- aho National Forest; H.R. 1439, a bill to facilitate the cal Care Cost Recovery and physician’s special pay, 9:30 sale of certain land in Tahoe National Forest in the States a.m., 340 Cannon. of California to Placer County, California; and H.R. 79, Committee on Ways and Means, May 6, Subcommittee on Hoopa Valley Reservation South Boundary Adjustment Health, hearing on waste, fraud, and abuse in the health Act, 10 a.m., 1324 Longworth. care system, 10 a.m., 1100 Longworth. May 6, Subcommittee on Water and Power, oversight May 6, Subcommittee on Social Security, hearing on hearing on Bureau of Reclamation Project financing, 2 the Social Security Administrations Website, 3 p.m., p.m., 1324 Longworth. B–318 Rayburn. May 7, full Committee, to consider pending busi- May 8, full Committee, hearing to examine the Earned ness, 11 a.m., 1324 Longworth. Income Tax Credit Compliance Study released by the May 8, Subcommittee on Forests and Forest Health, to IRS, 10 a.m., 1100 Longworth. mark up the following: H.R. 985, to provide for the ex- Permanent Select Committee on Intelligence, May 8, execu- pansion of the Eagles Nest Wilderness within Arapaho tive, hearing on China, 10 a.m., H–405 Capitol. and White River National Forests, Colorado, to include the lands known as the Slate Creek Addition upon the Joint Meetings acquisition of the lands by the United States; H.R. 1019, Commission on Security and Cooperation in Europe: May 8, to provide for a boundary adjustment and land convey- to resume hearings to examine the process to enlarge the ance involving the Raggeds Wilderness, White River Na- membership of the North Atlantic Treaty Organization tional Forest, Colorado, to correct the effects of earlier er- (NATO), 10 a.m., SD–538. May 1, 1997 CONGRESSIONAL RECORD—DAILY DIGEST D 425

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FIFTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through April 30, 1997 January 7, 1997 through April 30, 1997

Senate House Total Civilian nominations, totaling 174, disposed of as follows: Days in session ...... 53 40 . . Confirmed ...... 36 Time in session ...... 338 hrs., 19′ 221 hrs., 15′ . . Unconfirmed ...... 136 Congressional Record: Withdrawn ...... 2 Pages of proceedings ...... 3859 2094 . . Extensions of Remarks ...... 808 . . Public bills enacted into law ...... 2 10 . . Civilian nominations (FS, PHS, CG, NOAA), totaling 1,772, disposed Private bills enacted into law ...... of as follows: Bills in conference ...... Confirmed ...... 619 Measures passed, total ...... 68 135 . . Unconfirmed ...... 1,153 Senate bills ...... 6 2 . . House bills ...... 11 52 . . Senate joint resolutions ...... 3 1 . . Air Force nominations, totaling 2,015, disposed of as follows: House joint resolutions ...... 3 4 . . Confirmed ...... 244 Senate concurrent resolutions ...... 6 5 . . Unconfirmed ...... 1,771 House concurrent resolutions ...... 3 9 . . Simple resolutions ...... 36 62 . . Measures reported, total ...... *36 *81 . . Army nominations, totaling 1,857, disposed of as follows: Senate bills ...... 9 . . . . Confirmed ...... 908 House bills ...... 52 . . Unconfirmed ...... 949 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 4 . . Senate concurrent resolutions ...... Navy nominations, totaling 1,158, disposed of as follows: House concurrent resolutions ...... 1 . . Confirmed ...... 491 Simple resolutions ...... 25 24 . . Unconfirmed ...... 667 Special reports ...... 6 3 . . Conference reports ...... Measures pending on calendar ...... 27 9 . . Marine Corps nominations, totaling 1,497, disposed of as follows: Measures introduced, total ...... 805 789 . . Confirmed ...... 582 Bills ...... 674 1507 . . Unconfirmed ...... 915 Joint resolutions ...... 28 75 . . Concurrent resolutions ...... 23 69 . . Simple resolutions ...... 80 138 . . Summary Quorum calls ...... 1 2 . . Yea-and-nay votes ...... 54 59 . . Total nominations received this session ...... 8,473 Recorded votes ...... 35 . . Total confirmed ...... 2,880 Bills vetoed ...... Total unconfirmed ...... 5,591 Vetoes overridden ...... Total withdrawn ...... 2

* These figures include all measures reported, even if there was no accom- panying report. A total of 10 reports has been filed in the Senate, a total of 84 reports has been filed in the House. D426 CONGRESSIONAL RECORD — DAILY DIGEST May 1, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, May 5 2 p.m., Monday, May 5

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: No legislative business. morning business (not to extend beyond 1 p.m.), Senate will begin consideration of S. 672, Supplemental Appro- priations.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E815 Radanovich, George P., Calif., E809, E811, E813, E814, Gilman, Benjamin A., N.Y., E812 E815, E817, E819 Ackerman, Gary L., N.Y., E813 Hefley, Joel, Colo., E818 Ramstad, Jim, Minn., E817 Barr, Bob, Ga., E811 Hilliard, Earl F., Ala., E818 Shaw, E. Clay, Jr., Fla., E809 Bonior, David E., Mich., E816 Solomon, Gerald B.H., N.Y., E809, E816 Lantos, Tom, Calif., E809, E815 Buyer, Stephen E., Ind., E813 Stark, Fortney Pete, Calif., E810 Lowey, Nita M., N.Y., E814 Dellums, Ronald V., Calif., E812 Stokes, Louis, Ohio, E812 Evans, Lane, Ill., E817 Packard, Ron, Calif., E819 Upton, Fred, Mich., E813 Foglietta, Thomas M., Pa., E817 Pitts, Joseph R., Pa., E818 Vento, Bruce F., Minn., E811

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.