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

Vol. 141 WASHINGTON, WEDNESDAY, SEPTEMBER 6, 1995 No. 137 House of Representatives

The House met at 12 noon and was PLEDGE OF ALLEGIANCE The message also announced that the called to order by the Speaker pro tem- The SPEAKER pro tempore. The gen- Senate insists upon its amendments to pore [Mr. EVERETT]. tleman from North Carolina [Mr. the bill (H.R. 1977) ‘‘An Act making ap- f BALLENGER] will lead the membership propriations for the Department of the in the Pledge of Allegiance. Interior and related agencies for the DESIGNATION OF SPEAKER PRO Mr. BALLENGER led the Pledge of fiscal year ending September 30, 1996, TEMPORE Allegiance, as follows: and for other purposes’’, requests a conference with the House on the dis- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the agreeing votes of the two Houses there- fore the House the following commu- United States of America, and to the Repub- on, and appoints Mr. GORTON, Mr. STE- nication from the Speaker: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. VENS, Mr. COCHRAN, Mr. DOMENICI, Mr. WASHINGTON, DC, HATFIELD, Mr. BURNS, Mr. BENNETT, September 6, 1995. f Mr. MACK, Mr. BYRD, Mr. JOHNSTON, I hereby designate the Honorable TERRY Mr. LEAHY, Mr. BUMPERS, Mr. HOL- EVERETT to act as Speaker pro tempore on MESSAGE FROM THE SENATE LINGS, Mr. REID, and Mrs. MURRAY, to this day. A message from the Senate by Mr. be the conferees on the part of the Sen- NEWT GINGRICH, Lundregan, one of its clerks, an- ate. Speaker of the House of Representatives. nounced that the Senate had passed f with amendments in which the concur- The message also announced that the rence of the House is requested, bills of Senate insists upon its amendments to PRAYER the House of the following titles: the bill (H.R. 2002) ‘‘An Act making ap- propriations for the Department of The Chaplain, Rev. James David H.R. 1977. An act making appropriations Transportation and related agencies Ford, D.D., offered the following pray- for the Department of the Interior and relat- for the fiscal year ending September 30, er: ed agencies for the fiscal year ending Sep- 1996, and for other purposes’’, requests With gratitude for the traditions we tember 30, 1996, and for other purposes; H.R. 2002. An act making appropriations a conference with the House on the dis- share, in appreciation for the values we for the Department of Transportation and agreeing votes of the two Houses there- hold dear, and with acknowledgment of related agencies for the fiscal year ending on, and appoints Mr. HATFIELD, Mr. DO- the contributions of those who have September 30, 1996, and for other purposes; MENICI, Mr. SPECTER, Mr. GRAMM, Mr. gone before, we begin this day with all and BOND, Mr. GORTON, Mr. LAUTENBERG, the opportunities and responsibilities H.R. 2020. An act making appropriations Mr. BYRD, Mr. HARKIN, Ms. MIKULSKI, before us. O gracious God, creator of for the Treasury Department, the United States Postal Service, the Executive Office and Mr. REID, to be the conferees on life and author of every good gift, we the part of the Senate. ask Your blessing upon each of us ask- of the President, and certain Independent Agencies, for the fiscal year ending Septem- The message also announced that the ing that You would give us the grace to ber 30, 1996, and for other purposes. be the people You would have us be and Senate had passed bills and a concur- do those good things that honor You The message also announced that the rent resolution of the following titles, and serve people whatever their need. Senate insists upon its amendments to in which the concurrence of the House May Your good spirit, O God, that is the bill (H.R. 2020) ‘‘An Act making ap- is requested: with us in all the moments of life, be propriations for the Treasury Depart- S. 227. An act to amend title 17, United with us and every person, now and ev- ment, the United States Postal Serv- States Code, to provide an exclusive right to ermore. Amen. ice, the Executive Office of the Presi- perform sound recordings publicly by means dent, and certain Independent Agen- of digital transmissions, and for other pur- f cies, for the fiscal year ending Septem- poses; ber 30, 1996, and for other purposes’’, re- S. 369. An act to designate the Federal THE JOURNAL quests a conference with the House on courthouse in Decatur, Alabama, as the The SPEAKER pro tempore. The the disagreeing votes of the two Houses ‘‘Seybourn H. Lynne Federal Courthouse’’, and for other purposes; Chair has examined the Journal of the thereon, and appoints Mr. SHELBY, Mr. last day’s proceedings and announces S. 734. An act to designate the United JEFFORDS, Mr. GREGG, Mr. HATFIELD, States courthouse and Federal building to be to the House his approval thereof. Mr. KERREY, Ms. MIKULSKI, and Mr. constructed at the southeastern corner of Pursuant to clause 1, rule I, the Jour- BYRD, to be the conferees on the part of Liberty and South Virginia Streets in Reno, nal stands approved. the Senate. Nevada, as the ‘‘Bruce R. Thompson United

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

H 8539 H 8540 CONGRESSIONAL RECORD — HOUSE September 6, 1995 States Courthouse and Federal Building’’, The message also announced that H.R. 2108, to permit the Washington and for other purposes; pursuant to section 1295(b) of title 46, Convention Center authority to expend S. 895. An act to amend the Small Business United States Code, as amended by revenues for the operation and mainte- Act to reduce the level of participation by Public Law 101–595, the Chair, on behalf the Small Business Administration in cer- nance of the existing Washington Con- tain loans guaranteed by the Administra- of the Vice President, appoints Mr. vention Center and for preconstruction tion, and for other purposes; PRESSLER, ex officio, as chairman of activities relating to a new convention S. 965. An act to designate the United the Committee on Commerce, Science, center in the District of Columbia, to States Courthouse for the Eastern District of and Transportation, and Mr. LOTT, permit a designated authority of the Virginia in Alexandria, Virginia, as the Al- from the Committee on Commerce, District of Columbia to borrow funds bert V. Bryan United States Courthouse; Science, and Transportation, to the for the preconstruction activities relat- S. 1076. An act to designate the Western Board of Visitors of the U.S. Merchant Program Service Center of the Social Secu- ing to a sports arena in the District of rity Administration located at 1221 Nevin Marine Academy. Columbia and to permit certain reve- Avenue, Richmond, California, as the f nue to be pledged as security for the ‘‘Francis J. Hagel Building’’, and for other borrowing of such funds, and for other purposes; and COMMUNICATION FROM THE S. Con. Res. 22. Concurrent resolution ex- CLERK OF THE HOUSE purposes. pressing the sense of the Congress that the The SPEAKER pro tempore laid be- f United States should participate in Expo ’98 fore the House the following commu- in Lisbon, Portugal. nication from the Clerk of the House of COMMUNICATION FROM THE CHIEF The message also announced that the Representatives: ADMINISTRATIVE OFFICER OF Senate disagrees to the amendments of OFFICE OF THE CLERK, THE HOUSE the House to the bill (S. 395) ‘‘An Act HOUSE OF REPRESENTATIVES, to authorize and direct the Secretary Washington, DC, September 5, 1995. The SPEAKER pro tempore laid be- of Energy to sell the Alaska Power Ad- Hon. NEWT GINGRICH, fore the House the following commu- ministration, and to authorize the ex- The Speaker, U.S. House of Representatives, nication from the Chief Administrative port of Alaska North Slope crude oil, Washington, DC. Officer of the House of Representatives: and for other purposes,’’ agrees to a DEAR MR. SPEAKER: Pursuant to the per- mission granted in Clause 5 of Rule III of the OFFICE OF THE CHIEF ADMINISTRA- conference asked by the House on the Rules of the U.S. House of Representatives, TIVE OFFICER, HOUSE OF REP- disagreeing votes of the two Houses the Clerk received the following messages RESENTATIVES, thereon, and appoints Mr. MURKOWSKI, from the Secretary of the Senate: Washington, DC, August 29, 1995. Mr. HATFIELD, Mr. DOMENICI, Mr. JOHN- 1. Received on Monday, August 7, 1995 at Re Wright v. Wright. STON, and Mr. FORD, to be the conferees 2:00 p.m.: that the Senate passed without Hon. NEWT GINGRICH, on the part of the Senate. amendment H.R. 1225. Speaker, U.S. House of Representatives, Wash- The message also announced that 2. Received on Thursday, August 10, 1995 at ington, DC. 1:25 p.m.: that the Senate passed without pursuant to Public Law 93–415, as amendment H.R. 535, H.R. 584, H.R. 614, and DEAR MR. SPEAKER: This is to formally no- amended by Public Law 102–586, the H.R. 2077. tify you pursuant to Rule L (50) of the Rules Chair, on behalf of the majority leader, 3. Received on Friday, August 11, 1995 at of the House that my Office has been served after consultation with the Democratic 5:05 p.m.: that the Senate passed without with a subpoena issued by the Superior leader, announces the appointment of amendment H.R. 2108 and H.R. 2161. Court of the District of Columbia. James L. Burgess of Kansas to the Co- Sincerely yours, After consultation with the General Coun- ROBIN H. CARLE, ordinating Council on Juvenile Justice sel, I have determined that compliance with Clerk. and Delinquency Prevention, effective the subpoena is consistent with the privi- July 5, 1995. f leges and precedents of the House. The message also announced that ANNOUNCEMENT BY THE SPEAKER Sincerely, SCOT M. FAULKNER, pursuant to Public Law 102–246, the PRO TEMPORE Chair, on behalf of the majority leader, Chief Administrative Officer. The SPEAKER pro tempore. The in consultation with the Democratic Chair desires to announce that pursu- f leader, appoints Adele C. Hall of Kan- ant to clause IV of rule I, the Speaker sas to a 5-year term to the Library of pro tempore signed the following en- COMMUNICATION FROM THE CHIEF Congress Trust Fund Board. rolled bill on Friday, August 11, 1995: ADMINISTRATIVE OFFICER OF The message also announced that H.R. 2161, to extend authorities under THE HOUSE pursuant to Public Law 83–420, as the Middle East Peace Facilitation Act The SPEAKER pro tempore laid be- amended by Public Law 99–371 the of 1994 until October 1, 1995, and for fore the House the following commu- Chair, on behalf of the Vice President, other purposes; appoints Mr. MCCAIN to the Board of And the Speaker pro tempore signed nication from the Chief Administrative Trustees of Gallaudet University. the following enrolled bills on Thurs- Officer of the House of Representatives: The message also announced that day, August 17, 1995: OFFICE OF THE CHIEF ADMINISTRA- pursuant to Public Law 93–642, the H.R. 535, to direct the Secretary of TIVE OFFICER, HOUSE OF REP- Chair, on behalf of the Vice President, the Interior to convey the Corning Na- RESENTATIVES, appoints Mr. BOND and Mr. BAUCUS to tional Fish Hatchery to the State of Washington, DC, August 30, 1995. be members of the Harry S. Truman Arkansas; Re Cheryl Oliver and Everett Oliver v. Dr. Scholarship Foundation Board of Coolidge Abel-Bey, Dr. Geddis Abel-Bey, H.R. 584, to direct the Secretary of Booth Memorial Medical Center and Dr. Trustees. the Interior to convey a fish hatchery The message also announced that Gary Markoff. to the State of Iowa; Hon. NEWT GINGRICH, pursuant to section 194(a) of title 14, H.R. 614, to direct the Secretary of Speaker, U.S. House of Representatives, Wash- United States Code, as amended by the Interior to convey to the State of ington, DC. Public Law 101–595, the Chair, on behalf Minnesota the New London National DEAR MR. SPEAKER: This is to formally no- of the Vice President, appoints Mr. Fish Hatchery production facility; tify you pursuant to Rule L (50) of the Rules PRESSLER, ex officio, as chairman of H.R. 1225, to amend the Fair Labor of the House that my Office has been served the Committee on Commerce, Science, Standards Act of 1938 to exempt em- with a subpoena issued by the Supreme and Transportation, Mr. ASHCROFT, ployees who perform certain court re- Court, County of Bronx, State of New York. from the Committee on Commerce, porting duties from compensatory time After consultation with the General Coun- Science, and Transportation, Mr. HOL- requirements applicable to certain pub- sel, I have determined that compliance with LINGS, from the Committee on Com- lic agencies, and for other purposes; the subpoena is consistent with the privi- merce, Science, and Transportation, H.R. 2077, to designate the U.S. post leges and precedents of the House. and Mrs. MURRAY, at large, to the office building located at 33 College Av- Sincerely, Board of Visitors of the U.S. Coast enue in Waterville, ME, as the ‘‘George SCOT M. FAULKNER, Guard Academy. J. Mitchell Post Office Building’’; and Chief Administrative Officer. September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8541

COMMUNICATION FROM THE HON- little girl, Rachel, and took her to RICH] has been, ‘‘Well, maybe next ORABLE ROBERT S. WALKER, school. Today, a day of history, we year.’’ MEMBER OF CONGRESS honor two of the greatest Americans Let us act now to plug the loopholes The SPEAKER pro tempore laid be- who have ever graced this Nation, Lou in the 50-year-old lobby registration fore the House the following commu- Gehrig and Cal Ripken, Jr.; two indi- law and do something about those who nication from the Honorable ROBERT S. viduals, as the previous speaker indi- come to this House bearing gifts or per- WALKER, Member of Congress: cated, who personify what we believe is haps merely bearing golf junkets for good in people, not boastful, not self- HOUSE OF REPRESENTATIVES, the Members to obtain influence. Be- Washington, DC, August 11, 1995. interested, but dedicated to the values fore we act on all of the other business, Hon. NEWT GINGRICH, that all of us hold dear. let us have an up-and-down vote on U.S. House of Representatives, Washington, DC. Mr. Speaker, I do not know what the loby reform and gift ban. House will be doing at 5:30 or 6:30 or DEAR MR. SPEAKER: This is to notify you f formally, pursuant to Rule L (50) of the 7:30 or 8:30 tonight, but I would hope Rules of the House that my office has been that every American not privileged as I FISCAL DISCIPLINE AND served with a subpoena for the production of will be to be at Camden Yards, will be RESPONSIBILITY documents by the Supreme Court of the watching their televisions, listening to Commonwealth of Pennsylvania for Lan- their radios as we celebrate one of the (Mr. GOSS asked and was given per- caster County in connection with a civil great accomplishments in sport, the mission to address the House for 1 case. 2,131st consecutive game to be played minute and to revise and extend his re- After consultation with the office of the marks.) General Counsel, I will determine whether by Cal Ripken, Jr. compliance with the subpoena is consistent I know there will be tears in my eyes Mr. GOSS. Mr. Speaker, I rise today with the privileges and precedents of the as I exult with all America on this his- to report back to my colleagues some House. toric accomplishment by a good and refreshing news. Even while areas of Cordially, decent fellow citizen. my district remain under water due to ROBERT S. WALKER. f excess flooding, the enthusiasm for the f momentum for change in Washington OUR PROMISE AND OUR CHOICE has not subsided in Florida. CAL RIPKEN AS ROLE MODEL FOR (Mr. BALLENGER asked and was Americans in my district are taking CONGRESS given permission to address the House it upon themselves to get through (Mr. HEFLEY asked and was given for 1 minute and to revise and extend these rough times they are having with permission to address the House for 1 his remarks.) Mother Nature. They expect no less minute.) Mr. BALLENGER. Mr. Speaker, this from us here who deal with meeting Mr. HEFLEY. Mr. Speaker, tonight, fall is about a promise and a choice. the many challenges with good govern- in one of the greatest moments in base- The promise is to balance the budget. ance in Washington. The constituents I ball history, Cal Ripken of the Balti- The choice is whether or not we keep spoke with over the recess remain com- more Orioles will break Lou Gehrig’s our word. mitted to the message they sent last record for playing in the most consecu- How many Members of this body, November: Fiscal responsibility, fiscal tive games. from both sides of the aisle, cam- discipline. I applaud his discipline, his dedica- paigned on a promise of fighting for a They realize there are going to be tion, his desire, and perhaps most im- balanced budget? How many have stat- tough choices in the coming months. portantly, his service as an outstand- ed, ‘‘Of course, I’m for the concept of a Yes, there does exist a certain level of ing role model for the youth of Amer- balanced budget.’’ concern on some issues. However, they ica. On January 26th of this year, for the are asking, demanding that we make But, Mr. Speaker, I believe that Cal first time ever, this House passed a bal- those tough choices inherent in saving Ripken serves as a role model not only anced budget amendment. Three hun- and strengthening Medicare, reforming for millions of kids across the United dred members voted for it. Of the 132 welfare, balancing the budget, ensuring States but also for the Members of this who voted against it, virtually all ex- a successful future for our kids and Congress. pressed their strong support for the grandkids. We too are on the verge of accom- idea of a balanced budget. My constituents know those flood- plishing great things. In the coming Well, in the coming weeks, push will waters are going to go down. They also weeks we will have the opportunity to come to shove. Members of this House know this Congress is committed to pass a budget that will finally begin to will have a real choice. Will you keep stopping the flood of red tape and over- put America’s fiscal house in order. your word? When given the oppor- spending we have experienced in this I urge my colleagues to have the dis- tunity, will you vote to balance the Nation in the past years. cipline, have the dedication, have the budget? I know I will. f desire. Be a leader in this country. f Pass a balanced budget. THE RANDY WEAVER CASE f LOBBY REFORM AND GIFT BAN (Mr. DOGGETT asked and was given (Mr. TRAFICANT asked and was A DAY FOR THE HISTORY BOOKS permission to address the House for 1 given permission to address the House (Mr. HOYER asked and was given minute.) for 1 minute and to revise and extend permission to address the House for 1 Mr. DOGGETT. Mr. Speaker, with his remarks.) minute and to revise and extend his re- the House resuming its work today, the Mr. TRAFICANT. Mr. Speaker, the marks.) time is now for action on lobby and gift Federal Bureau of Investigation says Mr. HOYER. Mr. Speaker, this is a reform. their hands are clean in the Randy day for the history books. Sometimes There are Members, both Democrat Weaver case. The FBI said they never history sneaks up on us. Sometimes we and Republican, who are eager to ob- gave a shoot-to-kill order. The FBI said have 2,130 baseball games to watch as a tain immediate reform on this subject. they never shred documents. The FBI preface to history. But unfortunately, we have been sty- said they did not mean to shoot Mrs. We in Maryland, of course, are in- mied by an indifferent and intransigent Weaver right between the eyes. credibly proud, but that pride is shared House Republican leadership. Mr. Speaker, I disagree. I say the FBI with all Americans and, indeed, all peo- It took a bipartisan effort in the Sen- is lying. In fact, if the FBI is not lying, ples of the world who love responsibil- ate, both Republicans and Democrats why did the FBI agree to give $3.5 mil- ity, who love and admire courage, who working together, to approve real gift lion to Randy Weaver to get this thing love and admire people who have their and lobby reform. Yet the only re- to go away? priorities correct. sponse to that action from the gen- Folks, the truth of the matter is in This morning, on this day of history, tleman from Texas [Mr. ARMEY] and America the people are supposed to Cal Ripken, Jr., took the hand of his the gentleman from Georgia [Mr. GING- govern, and the sad fact is, ladies and H 8542 CONGRESSIONAL RECORD — HOUSE September 6, 1995 gentlemen, the government is begin- and the need for responsible behavior by port of that country, protections ning to govern and Congress has little, every member of the international community against discrimination. if any, control over the FBI, the ATF, to confront the oppression that afflicts millions I am very pleased to say that at the and IRS. of women. request of myself and the gentlewoman Shame Congress. Clean hands? My as- With the assistance of the U.S. Ambassador from California [Ms. WATERS] about 70 sets. to the United Nations, Madeleine Albright, Mrs. Members of this House have joined in f Clinton has laid the important groundwork for sending a letter to Mr. Mugabe object- continued dialog between Secretary of State ing strenuously to his bigoted attack WHAT I LEARNED ON SUMMER Christopher and the Chinese Foreign Minister on people who simply have a different VACATION in their upcoming meeting. sexual orientation, noting that this (Mr. HAYWORTH asked and was Hillary Clinton deserves our gratitude for her kind of denunciation of people who are given permission to address the House efforts which engage China while steadfastly decent citizens is contrary to the re- for 1 minute and to revise and extend advocating the need for advances in human spect for human rights that we had his remarks.) rights which are necessary for China's genu- hoped Mr. Mugabe would show. Mr. HAYWORTH. Mr. Speaker, we ine integration in the international arena. I am including at this point in the might entitle this, ‘‘What I Learned on f RECORD the letter and the list of signa- Summer Vacation.’’ The fact is, going tures, as follows: back home, we reorient ourselves to OUR COMMITMENT TO GET THE His Excellency ROBERT MUGABE, the great and good common sense of JOB DONE President, Harare, Zimbabwe. the American people. (Mr. BASS asked and was given per- DEAR MR. PRESIDENT: We were distressed Did I hear uniformity among the con- mission to address the House for 1 to read your attack on people who are gay and lesbian. stituents of the Sixth District of Ari- minute and to revise and extend his re- As Members of Congress dedicated to pro- zona? Of course not. Good people can marks.) tecting the human rights of all people, we disagree, but overwhelmingly the peo- Mr. BASS. Mr. Speaker, I am proud believe that you are gravely mistaken in ple of the Sixth District of Arizona told to say that today the House Repub- your denunciation of people based on their me, ‘‘Stay the course, stick to your licans are ready to finish the job we sexual orientation and your assertion that principles, work hard to reform this started 8 months ago. We are ready to they should be excluded from the protection government.’’ balance the budget for the first time in of their ‘‘individual freedom and human rights.’’ Indeed, we have heard today already a generation, to help save this country When individuals are mistreated by gov- broad bipartisan consensus, and so in for our children and our grandchildren, ernment because of some basic characteris- that spirit of bipartisanship, I extend and we are ready to pass a plan that tic of their nature, human rights are vio- my hand to my friends on this side of will protect, preserve, and strengthen lated. Attacking decent individuals who are the aisle, saying the problems we Medicare for our senior citizens. fully respectful of the rights of others, who confront are too great for politics as We are willing to take the heat on are productive and responsible citizens, but usual. this controversial issue to save a bro- who happen to be gay or lesbian is wrong. As Let us get about the business of gov- ken system that three, I repeat, three strong supporters of the struggle of the peo- erning America. of President Clinton’s own Cabinet sec- ple of South Africa against the oppressive, dehumanizing apartheid system, we wel- f retaries say needs to be dealt with im- comed the inclusion in the Constitution of mediately. We are ready to pass a plan South Africa of recognition that discrimina- FIRST LADY DESERVES OUR that will help end our country’s wel- tion based on an individual’s sexual orienta- PRAISE fare system that creates poverty, de- tion is wrong. We strongly urge you to re-ex- (Mr. RICHARDSON asked and was pendency, destitution, breaks up fami- amine this issue and to follow the example of given permission to address the House lies, and discourages people from work- the new government of South Africa in re- for 1 minute and to revise and extend ing. specting the human rights of all people. We are committed to ending a system BARNEY FRANK, his remarks.) Member of Congress, that has created debt and has rewarded Mr. RICHARDSON. Mr. Speaker, the MAXINE WATERS, First Lady deserves credit, first for inefficiency. Member of Congress. We are not afraid to take on the spe- going to China, and second for speak- COSIGNERS OF THE LETTER TO PRESIDENT ing out so forcefully for human rights cial interests and the status quo here ROBERT MUGABE OF ZIMBABWE and women’s rights. in Washington. In fact, the only ones Neil Abercrombie, MC; Xavier Becerra, The First Lady spoke out eloquently interested in preserving the old ways MC; George Brown, MC; Ronald Del- against forced abortions and forced are the defenders of the old order who lums, MC; Lloyd Doggett, MC; Anna sterilizations and other women’s rights live and breathe inside Route 495 in Eshoo, MC; Elizabeth Furse, MC; Ste- abuses common in other countries, Washington, DC, and if we learned any- ven Gunderson, MC; Alcee Hastings, such as rape, mutilation, and domestic thing during this August recess, it is MC; Steny Hoyer, MC; Patrick Ken- violence. She also stressed the impor- that the American people want us to nedy, MC; Zoe Lofgren, MC; Edward stay the course and continue with this Markey, MC; Marty Meehan, MC; tance of women to families and the George Miller, MC; Joseph Moakley, need for setting new standards for revolution in 1995. MC; Eleanor Holmes Norton, MC; women’s health, economic welfare, f Frank Pallone, MC; Jack Reed, MC; family planning, and the status of Martin Sabo, MC; Charles Schumer, women in general. PROTECTING HUMAN RIGHTS OF MC; Gerry Studds, MC; Melvin Watt, Mr. Speaker, the First Lady showed ALL PEOPLE MC; Sidney Yates, MC; Gary Acker- guts and commitment in China, and (Mr. FRANK of Massachusetts asked man, MC; Howard Berman, MC; Wil- she deserves our praise. and was given permission to address liam Clay, MC; Norman Dicks, MC; Mr. Speaker, the First Lady has worked the House for 1 minute and to revise Richard Durbin, MC; Sam Farr, MC; Sam Gejdenson, MC; Luis Gutierrez, continuously on issues related to women, chil- and extend his remarks and include ex- MC. dren, and families for the past 25 years. This traneous material.) Sheila Jackson-Lee, MC; Tom Lantos, week she has combined her skills and experi- Mr. FRANK of Massachusetts. Mr. MC; Nita Lowey, MC; Jim McDermott, ences with the role of diplomat. Speaker, sadly, just before we left for MC; Carrie Meek, MC; Norman Mineta, Amidst tenuous United States-Chinese rela- recess, the President of Zimbabwe, MC; James Moran, MC; John Olver, tions, the First Lady has walked a fine line in Robert Mugabe, engaged in an unjusti- MC; Nancy Pelosi, MC; Lucille Roybal- BeijingÐbalancing the urgent need for wom- fied wholly prejudicial attack on gay Allard, MC; Bernard Sanders, MC; en's rights and the administration's policy of men and lesbian citizens of his coun- David Skaggs, MC; Edolphus Towns, MC; Henry Waxman, MC; Thomas constructive engagement with China. try. Barrett, MC; Sherwood Boehlert, MC; Mrs. Clinton has successfully pointed out The attack was in sharp contrast to Peter DeFazio, MC; Julian Dixon, MC; the need for a forum of openness of free the leadership of, for instance, Nelson Eliot Engel, MC; Thomas Foglietta, speech in Beijing. Her remarks underscore the Mandela, who has included in the Con- MC; Henry Gonzalez, MC; Jane Har- magnitude of the U.N. Women's Conference stitution of South Africa, with the sup- man, MC; Maurice Hinchey, MC; Eddie September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8543 Bernice Johnson, MC; John Lewis, MC; to put together anything that we minute and to revise and extend her re- Carolyn Maloney, MC; Cynthia McKin- could, because these issues are very, marks.) ney, MC; Kweisi Mfume, MC; Patsy very critical. Ms. DELAURO. Mr. Speaker, over the Mink, MC; Jerrold Nadler, MC; Major There will not be another inter- August break, I had a chance to meet Owens, MC; Charles Rangel, MC; Bobby Rush, MC; Patricia Schroeder, MC; national meeting for 10 years, and to with my constituents to discuss the Louise Slaughter, MC; Nydia have allowed China to play with it this Republican plan to cut Medicare in Vala´ zquez, MC; Lynn Woolsey, MC. way is outrageous. order to finance a tax cut for the f I think the House leadership owes wealthy. The people I represent want American women also an apology, be- me to bring a message back to the Re- INTRODUCTION OF THE MOTOR cause the delegation sent from this publican leadership: Medicare is a trust SPORTS PROTECTION ACT body to the women’s meeting could not fund, not a slush fund. Now, I know that my Republican col- (Mr. FUNDERBURK asked and was have a woman chair. A woman could leagues were also back home trying to given permission to address the House only be a cochair. They had to send a sell themselves as the true protectors for 1 minute and to revise and extend male along, too, and one who does not of Medicare. But, the American public his remarks.) have a good record on women’s issues. isn’t buying this GOP makeover. The Mr. FUNDERBURK. Mr. Speaker, as I find that very troubling, and the public is skeptical about the sketchy you know, North Carolina is the home message from all of this is, ‘‘Women, GOP plan that claims private insur- of professional auto racing and it is on our time still has not come yet.’’ When ance companies will offer seniors more behalf of thousands of North Caro- will be treated as first-class rather for less. With such fantastic claims, linians and millions of NASCAR, than the second-class citizens the Unit- it’s no wonder that a recent poll found NHRA, and INDY racing fans across ed Nations relegated us to as we see 71 percent of Americans have little America that I introduce the Motor this meeting in Bejing proceed? trust in the House Republicans to han- Sports Protection Act today. f dle Medicare. Mr. Speaker, Bill Clinton is waging b 1220 For 30 years Republicans have want- war on the tobacco family. He has ed to privatize Medicare. In fact, the threatened the livelihood of thousands CAL RIPKEN, JR.’S MANY current majority leader has said that of tobacco farmers across the South ACHIEVEMENTS he would have no part of Medicare in a and he is now on the verge of destroy- (Mr. EHRLICH asked and was given free world. Does that sound like a ing professional automobile racing as permission to address the House for 1 party that wants to protect Medicare? we know it. minute and to revise and extend his re- f The Funderburk bill, which Richard marks.) Petty says all race fans can rally Mr. EHRLICH. Mr. Speaker, today I THERE IS MORE TO DO around, will stop Bill Clinton before he rise in tribute to a constituent whose (Mr. RADANOVICH asked and was crosses the finish line. It prevents Big achievement is the talk of the Nation. given permission to address the House Brother agents from slapping advertis- Tonight Cal Ripken, Jr., a native of for 1 minute.) ing restrictions on the tobacco spon- Aberdeen, MD, will play his 2,131st con- Mr. RADANOVICH. Mr. Speaker, this sors of pro racing. Mr. Speaker, each secutive game with the Baltimore Ori- 104th Congress now moves forward NASCAR alone pumps over $2 billion oles, breaking a longstanding record from the Contract With America. And, into the southern economy. Racing held by the legendary Lou Gehrig. It is ‘‘move’’ must be the operative word. fans are hard-working, law-abiding fitting that Cal is the only player ever The lesson learned in our August re- Americans. They deserve better than to accomplish this feat, because he cess is that the public wants action not to be used as pawns in Bill Clinton’s uniquely represents the qualities for words. Everywhere I went, men and shell-game. Lets send him a message which Lou Gehrig will always be re- women said, ‘‘Congressman, we’d soon- right now: Bill Clinton keep your membered—sportsmanship, fair play, er have you moving ahead * * * even if hands off racing. and sheer love of the game. the path is rough and you stumble oc- Support the Funderburk Motor Fans across the Nation have started casionally * * * don’t let Congress just Sports Protection Act calling Cal the Iron Man. But endur- stand there.’’ f ance is only one aspect of his success. America bought in to our program. He was Rookie of the Year in 1982; MVP They approve our commitment to a WOMEN STILL TREATED AS in 1983 and 1991; and played in 13 con- balanced budget. They like cutting SECOND-CLASS CITIZENS secutive All-Star games. He has hit back the bureaucracy. They commend (Mrs. SCHROEDER asked and was more home runs than any shortstop in term limits. given permission to address the House major league history. Most of this we delivered in this for 1 minute and to revise and extend Despite his fame, Cal Ripken takes House. Yet, there is more to do here on her remarks.) precious time before and after every the Hill, and I urge the Senate to heed Mrs. SCHROEDER. Mr. Speaker, the game to sign autographs, pose for pic- the call. United Nations owes the women of the tures, or simply to chat with his fans— Let us get down to business, but let globe a great apology. the way Babe Ruth, Lou Gehrig, and us make sure it is dealing with unfin- Every 10 years there is an inter- Jackie Robinson once did. At a time ished business, not business as usual. national U.N. Women’s meeting, and when many fans are disillusioned by f the United Nations could have cared the big-business approach to baseball, less about what the host did to make Cal’s sincere passion for the sport re- REPUBLICANS TAKING THE CARE this meeting as inconvenient and as minds us of a time when baseball was OUT OF MEDICARE awful as possible. In fact, the Secretary what it was always meant to be—a (Mr. ENGEL asked and was given General of the United Nations could game. permission to address the House for 1 not even bother to come. He predicted I urge all my colleagues to join with minute and to revise and extend his re- he was going to have a fever all 12 days me and the citizens of Maryland as we marks.) that this meeting was going to be salute Cal Ripken, Jr. His accomplish- Mr. ENGEL. Mr. Speaker, I rise going on. ment is a timely illustration of what is today on behalf of my mother, Seroy Now, the message that sends to all best about our national pastime. Engel, and the millions of mothers, fa- countries is that the United Nations is f thers, sisters, and brothers throughout putting this on only because it is po- our Nation whose lives depend on Medi- litically correct, but they do not really NOW 71 PERCENT OF AMERICANS care. In the next few weeks this legisla- care, and the Secretary General cannot DO NOT TRUST REPUBLICANS TO tive body is going to have to make really bother to come. HANDLE MEDICARE some tough decisions. The question I find that tragic, and I am very (Ms. DELAURO asked and was given will be will we let the Republicans take grateful the First Lady went and tried permission to address the House for 1 the care out of Medicare. I say, ‘‘No.’’ H 8544 CONGRESSIONAL RECORD — HOUSE September 6, 1995 In 1965, Medicare was established to WE CANNOT LET THE SENIORS OF package of spending and tax cuts that demonstrate that this Nation cares THIS COUNTRY DOWN will achieve that goal. If he vetoes this about its senior citizens, that it cares (Mr. WARD asked and was given per- bill and does not present a credible al- whether or not they receive medical mission to address the House for 1 ternative, we will be compelled to use treatment, and, ultimately, that it minute and to revise and extend his re- the pending debt-ceiling vote to force cares whether they live or die. In 1965, marks.) the issue of the Federal Government’s only 46 percent of America’s senior Mr. WARD. Mr. Speaker, I accept out-of-control spending. citizens had health coverage. Today, 99 that challenge that we have just heard Mr. Speaker, I insert for the RECORD percent of American seniors are cov- from the other side of the aisle, but I the next 31⁄2 paragraphs, and I conclude ered for medical expenses. will tell my colleagues what I have run by saying now is the time to hold the Today we are at a crossroads. We into in my series of meetings in my line on Federal spending before it goes must decide if we will break our sacred district in Louisville, KY, over the last through the ceiling. oath to millions of Medicare recipients 2 weeks. Some critics of the Republican budget-cut- by forcing them to pay more for less Mr. Speaker, in 10 separate meetings ters, many of whom are those who helped get care, wait longer for personal care, and from one part of the community to the us into the Federal debt morass, say that cut- have less control over who provides other I heard the same thing. What I ting spending on social programs is mean- that care. heard was a reflection of fear, a reflec- spirited and cruel, and that this is only de- There is a fundamental question that tion of the concern on the part of the signed to put pressure on the President and we must ask ourselves when the Repub- seniors who, yes, say we do need to force him to take the blame for shutting down lican leadership asks you to cut $270 make some small changes to keep our the Government. billion from Medicare to pay for a tax system afloat. ‘‘But what changes are But there is ample precedent for Congress break for the wealthy: Will we vote to being proposed,’’ I have been asked. using the debt limit as leverage to resolve take the CARE out of Medicare? Will ‘‘What changes will we see from Speak- budget battles, including 1985 during the de- we vote to take the care out of Medi- er GINGRICH and the Republican plan?’’ bate of the Gramm-Rudman balanced budget care? Mr. Speaker, we do not know yet. act and in 1990, when the Democratic Con- That, Mr. Speaker, is the question we That is the disappointment of this Au- gress used the looming debt ceiling to force must all ask ourselves. gust break. We need to make sure we President Bush to raise taxes. This Congressman says ‘‘No.’’ preserve the benefits, as they are ex- So this isn't a partisan issue. It's an Amer- f pected by the seniors of this country, ican issue. As a dairy farmer and former Michigan legislator, I have persistently advo- MAJORITY OF AMERICANS SAY and not let them down when it comes cated tax cuts and spending restraint. Now is REPUBLICAN MAJORITY IN CON- to their health care. not the time to back off. Now is the time to GRESS IS GOOD FOR AMERICA f hold the line on Federal spending, before it (Mr. SCARBOROUGH asked and was HOLD THE LINE ON FEDERAL goes through the ceiling. Thank you very given permission to address the House SPENDING BEFORE IT GOES much. for 1 minute.) THROUGH THE CEILING f Mr. SCARBOROUGH. Mr. Speaker, (Mr. SMITH of Michigan asked and during the August recess I heard the was given permission to address the REMINDING OUR YOUNG GENERA- same message over and over again, and House for 1 minute and to revise and TION THAT FREEDOM DOES NOT that is we need to move forward, we extend his remarks.) COME EASY need to be bold, we need to dare to Mr. SMITH of Michigan. Mr. Speak- (Mr. MONTGOMERY asked and was make differences that the Democrats er, according to the Department of given permission to address the House have refused to make for the past 40 Treasury, the new debt ceiling that for 1 minute and to revise and extend years. I bought a book, ‘‘A Tribute to Congress approved in 1993 will be his remarks.) Robert Kennedy,’’ and I read one of the reached sometime in October. The debt Mr. MONTGOMERY. Mr. Speaker, 14 most moving speeches, his 1966 speech ceiling was $4.9 trillion. We are cur- Members of the House of Representa- in Johannesburg. Bobby Kennedy said: rently borrowing, and we are currently tives went to Pearl Harbor this last The future does not belong to those who borrowing $4.6 trillion. So, we are week to celebrate the 50th anniversary are content with today, apathetic toward of the V–J victory. We were led by the common problems and their fellow man going to reach that debt limit. This alike, timid and fearful in the face of new means that the Government’s ability gentleman from Arizona [Mr. STUMP], ideas and bold projects. Rather it will belong to borrow additional money will be ex- chairman of the House Committee on to those who can blend vision, reason and hausted by November, and the House Veterans’ Affairs. courage in a personal commitment to the and Senate will be asked to increase As my colleagues know, it is good ideals and great enterprises of American So- the debt ceiling for the 78th time since that we have these celebrations to re- ciety. 1940. mind our young generation that really Mr. Speaker, we cannot be content Since I and other fiscal conservatives freedom does not come easy at all. with a status quo. We have got to save of both parties firmly believe that we Many Americans sacrificed their lives Medicare, we have got to balance the should put our fiscal house in order by for this country, and, Mr. Speaker, budget, and we have got to reform wel- making sure we are irrevocably com- over 50 percent of the Americans living fare. That is what the Republican mitted to balancing the budget before today and most of the people in this Party has talked about doing for the increasing the debt ceiling, we are fac- Chamber today were born after World past 8 months. The American people in ing a potential cash-flow problem. That War II. So we have to let them know of every poll that is cited agree with us. is because in next year’s budget we are the problems we had back 50 years ago. We have to move forward. Fifty-three calling for a borrowing of about 10 per- Over 400,000 young Americans, 18 and 19 percent of Americans believe that the cent, and revenues coming into the years old, did not come home. We can- Republican majority in Congress is Federal Government only account for not forget them. good for America. Only 33 percent op- about 90 percent of that required f pose. Sixty-five percent believe that we spending. So that is going to mean a need to reform Medicare in a very im- cash-flow program, it is going to mean LET US DO WHAT WE ARE PAID portant manner. Mr. Speaker, that is prioritizing spending. TO DO what we are here to do. As an enthusiastic supporter of the (Mr. DURBIN asked and was given I ask the Democrats in this body to effort to use the debt ceiling to achieve permission to address the House for 1 heed the words of Bobby Kennedy, to a balanced budget, I have joined with minute and to revise and extend his re- dare to make a difference, dare to re- 160 members of the Debt-Limit Coali- marks.) form this Government, and dare to tion to pass legislation that will elimi- Mr. DURBIN. Mr. Speaker, I spent push America into the 21st century nate the deficit within 7 years. the August recess crisscrossing the stronger than what it was when it left Later this month, Congress will State of Illinois from Chicago to the 20th century. present the President with a historic Carbondale meeting with a variety of September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8545 different people, asking them what was RESTORING PUBLIC TRUST source. Gifts of less than $10 will not on their mind and what they were con- THROUGH LOBBY REFORM count toward that $100 limit, but any- cerned about. The one thing that came The SPEAKER pro tempore. Under a thing over $10 will count toward that. through loud and clear at every meet- previous order of the House, the gen- The effect of that will be to put an ing with every group was the fact that tleman from Texas [Mr. BRYANT] is rec- end to the grossest abuse of, in my they are beginning to feel that working ognized for 5 minutes. view, the public trust and put an end of families in this country, the middle Mr. BRYANT of Texas. Mr. Speaker, the activities which have gone on here class of America, the backbone of this today the House will be given the op- for 200 years, and gradually, and I country, are falling behind. Husbands portunity to move forward on the most think to this date, to some extent fa- and wives are both working hard, play- dramatic reform of this institution in tally injured the public’s view of this ing by the rules, beating their heads the way it does business that will be institution. There are many exceptions against the wall, pushing their credit considered this year. Unfortunately it to this. It is written in a way as to be cards to the limit, worrying about pay- has not been allowed to be considered reasonable so that Members of Con- ing for the kids’ education, worrying prior to now in a serious way, and by gress can go about the representational about their own health care, worrying that I am talking about an effort to re- activities as normal human beings. about whether that pension is going to form the rules under which this House They will be able, of course, to take a be around. operates with regard to lobbying and meal at a public gathering, to take a Mr. Speaker, I thought to myself as I lobbyists. Today on the legislative ap- meal when they are making a speech to worked across the State that, when I propriations bill conference report that a group and so forth, and minor accept- come back to Washington, each day as comes back a motion will be made to ance of small things that are really we sit up here and debate the impor- not approve; that is, to vote against part of a social gathering will not be tant issues I am going to try to hold the previous question. We hope that affected in any way whatsoever. those issues against that basic concern that motion to oppose the previous b 1240 that I heard across Illinois. What is it question will be successful; that is, we are doing on this floor of the House that it will be defeated, the previous It will state that these abuses of the of Representatives that will respond to question will be defeated, and, as a re- public trust, these abuses of this insti- that? sult, we will then bring up a rule which tution’s prerogatives, have gone on in a Frankly, I do not think cutting Medi- will allow consideration of a proposal much heralded fashion, particularly in care benefits responds to those con- to prohibit the receipt of gifts by Mem- these new magazine shows on tele- cerns, putting an additional burden on bers of the House of Representatives vision which will no longer be per- senior citizens and their families. I do from lobbyists and also a provision to mitted. not think the idea of tax breaks for regulate the way in which lobbyists go Well, as I said, this is not all that we people making over $150,000 a year about their business in this institution. had sought. You know, this House makes any sense at all with our budget About 5 weeks ago the United States passed legislation much stronger than deficit, and that does not help the Senate took up this matter and passed this in the last Congress, twice. First working families. Cutting back on edu- it. It did so with dispatch, and now in the bill passed, and then the conference cation? Heck, most of those families the United States Senate it is against report passed. Unfortunately, it was are praying that their kids will qualify the law for a Member of the Senate to filibustered to death in the Senate at for a Federal college student loan. It is accept a gift in excess of $50 or a gift in the very last minute and killed before their only ticket to get that higher excess of $100 from any individual it could take action. education and have an opportunity, source in any one year. It is a proposal Today we are on the verge of making and yet on this floor we are talking that does not go as far as many of us history again, and there really can be about cutting those opportunities. hoped, but it goes a long way. It is a no objection to what we are trying to So I hope in the weeks ahead we real- dramatic change and takes us in the di- do. All we are trying to say is the kind ly can address this in a bipartisan fash- rection of many of the State legisla- of activity that the public disagrees ion. I hope we can all be sensitive to tures who have already grappled with with, and rightfully so, is not going to the concerns of what has really been this matter and already imposed rigor- be allowed anymore of this institution. the strength of America now for 50 ous requirements on their own mem- Mr. Speaker, in the 1-minute speech- years, the strongest, most vibrant and bers, leaving now the House of Rep- es here today we heard a lot of talk growing middle class in the world. I resentatives of the United States as about what Members found when they hope we all are not taking pride in the the only remaining bastion of freebies went home. I guarantee you the one politics of Washington. I hear people for its Members from the lobby. thing that would have been unanimous almost boasting about a train wreck My view is that the vast majority, in every town meeting in the country that may occur. ‘‘We may close down the vast preponderence of the Members is that Members of the House of Rep- Government,’’ they are saying with of this institution, do not accept and resentatives should be allowed to take some level of pride. We should not be are not affected by this kind of activity free meals, free tickets, free trips, free proud of that fact. Democrats and Re- in any respect whatsoever. But it is in- vacation, and free golf from the very publicans ought to sit down together cumbent upon us to instill in the pub- people that are hired to come here and and work out the problems. That is lic a strong sense of confidence in this influence the outcome of legislation in what we were sent here to do, and that institution, and the reports over the this place. is what we are paid to do. last few years have Members flying Today we have an opportunity to do f across the country, and taking free golf the public’s will. We have an oppor- SPECIAL ORDERS vacations, free ski trips, free junkets of tunity to vote against the previous various types from groups that are in- question on the rule and the conference The SPEAKER pro tempore (Mr. EV- terested in lobbying this House to report on the legislation appropria- ERETT). Under the Speaker’s announced enact legislation in their favor are dis- tions bill to allow a rule to come up policy of May 12, 1995, and under a pre- turbing to the public, and rightfully so. that allows us to take this matter up. vious order of the House, the following Today, if the previous question on It is simple. Protestations that we Members will be recognized for 5 min- the rule is defeated, we will take up the have heard in the past from some lead- utes each. House Concurrent Resolution 99 as an ers in this institution that somehow or f amendment to the legislative appro- another we do not have time to deal The SPEAKER pro tempore. Under a priations bill, which would, as the Sen- with this matter; to the contrary, we previous order of the House, the gen- ate did, say that no Member of the have plenty of time to deal with the tleman from California [Mr. HORN] is House will be able to accept a gift with matter. We do not even need to take a recognized for 5 minutes. a value of greater than $50 in terms of lot of time. Vote no to the previous [Mr. HORN addressed the House. His meals and entertainment or any type question today. Let this come up. Cast remarks will appear hereafter in the of gratuity and no more than $100 an- a vote for the American people and for Extensions of Remarks.] nually, $100 annually from any single the integrity of this institution. H 8546 CONGRESSIONAL RECORD — HOUSE September 6, 1995 The SPEAKER pro tempore. Under a this House has passed them before. But watched France or Germany shut down previous order of the House, the gen- if we can hurry this thing through as because they could not act. Well, that tleman from New York [Mr. FORBES] is the very first thing that is done in this is what they are going to say about us. recognized for 5 minutes. body, just as people are getting off I certainly hope we do not do this [Mr. FORBES addressed the House. planes and coming back, they will not today. I urge Members to get on the His remarks will appear hereafter in realize that they have just exempted resolution. But, better yet, vote ‘‘no’’ the Extensions of Remarks.] themselves from the act that is going today, and let us get on with dealing f to fall on folks, and that we do not with the rest of the business before we have to deal with the ugly issues be- put ourselves first. That is not reform, PRIORITIZING APPROPRIATION cause people are not informed and will that is the same old business, only MEASURES not know to vote no on the previous even worse. I have never seen that hap- The SPEAKER pro tempore. Under a question and so forth. pen before. previous order of the House, the gentle- Mr. Speaker, the people in my dis- Mr. Speaker, today I am introducing a reso- woman from Colorado [Mrs. SCHROE- trict came to the rally yesterday be- lution that requires Congress to consider and DER] is recognized for 5 minutes. cause I introduced a bill saying, I want pass all other appropriations before voting on Mrs. SCHROEDER. Mr. Speaker, I to change the rules of the House so the legislative branch appropriations. take this time to really question what that we never pass the funding for the This year Congress has not finished any of we are doing today by bringing up leg- House and the Senate until we have the 13 appropriations bills. Never has Con- islative appropriations. passed the funding for every other gress been this derelict. My bill is needed to Mr. Speaker, when I was home this branch of Government. This running up force Congress to act responsibly rather than weekend, people were going crazy say- and saying, exempt us, keep us out of playing politics by threatening to shut down ing, what do you mean there is going the way, is wrong, and we ought to the Government. It will prevent what has been to be a train wreck? There is going to change that rule. called the train wreck. be a huge train wreck and all sorts of Now, I know that putting this resolu- If Congress isn't tied to the tracks, then they people who are Federal employees may tion in today is not going to work, be- are much freer to play fast and loose with ev- be asked to be furloughed forever, who cause you already have it on the sched- eryone else's lives. knows for how long; to go without pay, ule and here it is, boom, boom, gone, It is outrageous that the first appropriations and benefits could be cut off. We are over. But we really have to say that in bill to pass is funding for Congress. The mes- going to look so silly, because never an era where the people were promised sage this sends to every household in Amer- has Congress, in the entire history I re- reform, this was going to be a different ica is that we will take care of ourselves but member, been so late in dealing with Congress and so forth, we look like the everyone else is nonessential. the 13 funding bills that are absolutely most imperial of the imperial Con- The imperial Congress is alive and well. If essential. Here we are, it is September, gresses. you thought the Republicans were reformers, the money runs out September 30, and In my district there are many, many you're wrong. This shouldn't surprise most not one bill has been passed. people who work for the Federal Gov- Americans. It is always the little guy who gets Mr. Speaker, the shocker is, guess ernment, and I think after the Okla- the raw end of the deal when Congress plays who is not going to be hurt by this homa bombing, many Americans real- politics. train wreck? Us. This is the imperial ize, these people look just like their Shutting down the Federal Government Congress in spades, and this is wrong. neighbors. We should stop calling them wastes money. In 1991 the General Account- Because the only bill of those 13 bills bureaucrats and curl our lip as we do ing Office estimated that as much as $607.3 ready for action today and ready to it. These are families that live in our million was wasted during the 3-day 1990 Co- move to the President’s desk is the leg- communities that are trying to make lumbus Day shutdown. In my district a shut- islative appropriations. ends meet. As I introduced this at a down will cost $10 to $15 million a day. Think how that looks to the Amer- rally, they all said yes. They could not The rest of the world will laugh. Imagine ican people, that while we could not believe that we would have the audac- what Americans would say if another country get around to doing the other 12 bills, ity to take ourselves out of this train shut down their government because their par- and while we are later doing these bills wreck and to do it as the first order of liament failed to pass funding bills. than any other Congress in history, business when we came back. Oklahoma City showed us our neighbors and that this country may look very, They also went on to ask all sorts of are Federal workers trying to do the best job very silly as we go through all of these questions which I could not answer, possible. Playing politics with their lives while throes of shutting down Government were they going to be impacted, what exempting Congress and their staff from any and all of the costly additions that we about their children in school, what pain is the most demoralizing act imaginable. know that costs. I had the Government about their mortgage payment, how Stop the book tours and get to work on the Accounting Office do a study on how long were they going to be furloughed, huge backlog of appropriations bills. And don't much that cost the last time we did it, would they get back pay? And to all of pay yourselves until you do. That's what my and we did it just for a few days. Well, those questions I had to say, ‘‘You bill proposes. Please back it. it ended up costing almost a half a bil- know, I do not know, because Congress f lion dollars. For a country with the has not finished its work on any of the kind of debt we have, that is a stupid 13 bills. But the good news is, today we A MESSAGE FROM CONSTITUENTS way to spend money. will have finished work on our pay.’’ The SPEAKER pro tempore. Under a So here we are, Mr. Speaker, a Con- That did not go over well. They like previous order of the House, the gen- gress who has not gotten its work done my new rule. I cannot get it passed at tleman from Florida [Mr. on time, who has not done any of the 13 this late date. I just cannot believe the SCARBOROUGH] is recognized for 5 min- bills, but today, we are going to take brazenness of our doing this first, tak- utes. up our pay, our staff’s pay, and the pay ing care of ourselves first. I hope every Mr. SCARBOROUGH. Mr. Speaker, I of the other body, because heaven for- Member of this body thinks about how also was home this weekend and also bid, we would not want to be hurt by this is going to look, if we rush in here for the entire month of August, and this train wreck that is coming. This is after the break, and the first thing we being home for the entire month of Au- the way we untie ourselves from the make sure of is that we take care of gust, it really hit me about what is rail. ourselves, and then we go on to let ev- wrong with Washington, DC. There is Now, the prior gentleman gave a very erybody else dangle out there in all of such a disconnect between the inside- good speech down in the well talking this anxiety of which agencies will be the-beltway-mentality and out-side- about the gift ban. That is another rea- chopped, which ones will not, who will the-beltway-mentality that I found it son that I think that we are taking be on furlough, when will people be absolutely staggering. this up with such haste today, because called back. No sooner had I left Washington, DC, we do not want to deal with the issues Think of what we would say if an- and touched down in my district than I around the gift ban. We have dealt with other country’s parliament did this. started hearing day in and day out that them before, we know what they are, Think of what we would say if we people in my district and, in fact, my September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8547 friends and colleagues from across proxy voting. And this Congress, I am ican public strongly favors banning America, continue to report that sure, will have no problem with also gifts from lobbyists to Members of Con- Americans want us to move and act on passing a ban on lobbyist gifts, if it gress, and so do I. Perks and privileges the mandate that was handed to us on comes up at the appropriate time and demean this institution and every sin- November 8, 1994, and that mandate is place. gle person who serves here. That is not to balance the budget, to cut taxes, to We have a challenge before us. I real- why we were elected to these offices. cut spending, to cut regulations, to cut ly think you would be hard-pressed to We are here to do the people’s work, out bureaucracies, and make sweeping find a time in recent American history and we are well compensated for that. changes that will reform the welfare where this Congress was going to deal We do not need free vacations, free fre- state and change the welfare state, with as many important issues as we quent flyer miles, free gifts, or free where we stop encouraging reckless be- will be dealing with in the next 1 or 2 meals to sweeten the deal. Those work- havior and we start encouraging pro- months. ing middle-class families that I talked ductivity and hard work. We have an opportunity to do some- about a moment ago, they are not get- I held 30 townhall meetings and had thing this Congress has not done in 40 ting anything free. They are paying over 100 other meetings and countless years: balance the budget. We have an and paying and paying. They are not TV and radio talk shows. Again, the opportunity to save Medicare. The able to keep their heads above water, clear message, the resounding message trustees say it is going bankrupt. Al- and they are frightened to death of that I heard time and time again, was most half of the Congress is sticking what is going to happen to themselves make something happen in Washing- their head in the sand and saying and to their families. For the first time ton. ‘‘Let’s just hope it goes away,’’ and the in this country, that American dream Mr. Speaker, up here when you are in other half is daring to make a dif- is no longer there. Families are con- Washington, if you talk about just cut- ference. Let us dare to make a dif- cerned that their kids are not going to ting the increase of spending on a Fed- ference on Medicare and save senior get the same benefits and the same ad- eral program, they call you a radical. citizens from the pain that they will vantages that they have had. They say that it is going to have a dev- experience if we do nothing. We do need to enforce disclosure by astating impact; that you are out of Let us pass tough welfare reform. lobbyists. The American people have touch with America. Forget what the lobbyists and special the right to know what legislation Let me tell you something: You ain’t interests say. Americans want tough these groups are attempting to influ- out of touch with America when you welfare reform. We cannot be cowards; ence and how much money they are talk about radically downsizing the we have to be bold. We have to step for- spending on those efforts. I remind my Federal Government. You are out of ward and make a difference with the colleagues that it has been the House touch with lobbyists, you are out of mandate that was given to us. that has traditionally led lobbying and touch with special interest groups, you I will once again quote Bobby Ken- gift reform efforts in the Congress. It is are out of touch with bureaucrats, and nedy, who in 1966 in Johannesburg, high time that we tackle these issues you are out of touch with a national South Africa, said, ‘‘The future does and join our colleagues in the other press corps that still does not get it, not belong to those who are content body in implementing serious gift and that still believes that the unprece- with today, apathetic toward common lobby reform. Some of us have already dented congressional landslide on No- problems and their fellow man alike, instituted a no-gift policy in our of- vember 8, 1994, was a fluke, and some- timid and fearful in the face of new fices, because we feel so strongly about how it is just going to go away. ideas and bold projects. Rather it will this. I can speak from experience; it is Let me tell you something: It ain’t belong to those who can blend vision, not that difficult to just say no to lob- going away. It is here to stay. Ameri- reason and courage in a personal com- byists. cans do not trust the Federal Govern- mitment to the ideals and great enter- Because the Republican leadership ment to micromanage every single part prises in American society.’’ has repeatedly told us that the sched- of their lives. Today I make that commitment to ule for this season is full, this vote One year ago President Clinton sent make a difference, to make something today will probably be our last chance Congress home, and when they came happen, and boldly move into the 21st to pass lobby and gift reform this year. back, they brought in the message, century with the values that created Let us seize the opportunity to limit ‘‘Your health care reform bill is dead this country and Republic over 200 the influence of special interests on on arrival. Americans do not want so- years ago. Congress once and for all. Let us take cialized medicine.’’ f a definitive step to really reforming Well, let me tell you something: We this institution. came home to our districts this time, THE GIFT BAN AND LOBBYING So I urge my colleagues today to join and the American people came to us, REFORM PROVISIONS me and others who are speaking here and they are not saying that you are The SPEAKER pro tempore. Under a this morning to join us in this effort to moving too fast; they are saying that previous order of the House, the gentle- defeat the previous question on the you are not moving fast enough. They woman from Connecticut [Ms. rule in order that the American people say make something happen. DELAURO] is recognized for 5 minutes. know once and for all that we are seri- Now, we have made quite a bit of Ms. DELAURO. Mr. Speaker, the ous about repairing this House of Rep- progress. The Wall Street Journal and House of Representatives is a House resentatives. It is time to shore up congressional historians say that this that is in need of repair. After decades these walls, to rebuild this institution. Congress has done more in 8 months of withstanding the heavy reins of spe- Let it be reflective of the people’s in- than any other Congress since Recon- cial interests, lobbyists and gifts, our terests, and not reflective of the spe- struction, since the 1870’s, in over a House has truly suffered. Our structure cial interests. century. We are not the imperial Con- is not sound, and this once great insti- f gress that we were a year ago when the tution is in danger of collapse. Today Democrats ruled this House, when Tom in fact, and my colleague who spoke a SUPPORT LOBBY REFORM Foley was Speaker of the House. This minute ago, I would say to him that The SPEAKER pro tempore. Under a Congress passed the Shays Act, so now today, we have an opportunity in this previous order of the House, the gen- Congress has to abide by the same laws House. We have a historic opportunity tleman from Kentucky [Mr. WARD] is as the rest of the country has to abide to begin to rebuild this institution by recognized for 5 minutes. by. This Congress cut committee staff passing gift and lobbying reform. Mr. WARD. Mr. Speaker, I rise today by one-third. This Congress passed I think if there is anything that the to join my colleagues in strong support term limits on committee chairmen so American people want to see is that of lobby reform measures which have we do not have little empires inside of the Congress of the United States be- already been adopted by the other this Congress. This Congress passed gins to live their lives the way working body. I want to thank the gentleman term limits on the Speaker of the middle-class families in this country from Texas [Mr. DOGGETT] for calling House. This Congress passed a ban on have got to live their lives. The Amer- this special order to address this very H 8548 CONGRESSIONAL RECORD — HOUSE September 6, 1995 serious matter which should be a legis- meaningful lobbying reform and gift leadership with Mr. ARMEY has done to lative priority in this House, because ban, and I hope that we can take this make sure we straighten this out. as you have just heard from the gentle- time to do it. Mr. Speaker, I have here an edition woman from Connecticut, it strikes at f of Surfer Magazine that was given to the very heart of what reform is sup- me by a surfer, $35. It was a gift be- posed to be all about. INFLUENCE OF LOBBYISTS cause they wanted me to read the envi- One of the first statements I made on The SPEAKER pro tempore (Mr. EV- ronmental issues that surfers are con- this House floor last January was a ERETT). Under a previous order of the cerned about. At the same time, a po- support of House Resolution 40, which House, the gentleman from California litical action committee can donate al- seeks to ban gifts to Members and staff [Mr. BILBRAY] is recognized for 5 min- most $10,000 to me politically every from lobbyists and lobbying firms. This utes. cycle. For the minority, the Demo- legislation would ban all meals, enter- Mr. BILBRAY. Mr. Speaker, it is cratic Party, to sit and say they want tainment, travel, legal defense fund quite invigorating to see Members of to limit the influence of lobbyists and contributions and other gifts. It would Congress coming back from time in special interests by talking about what get at the question of these weekend their districts. It is as if they have got- kind of gifts we can take, when they junkets to so-called charity tour- ten a breath of fresh air of reality are actively protecting the right of spe- naments. every once in a while. And I guess that cial interest groups to load money up I have personally pledged to follow is the best thing about Members of into political action committees and the provisions of this gift ban whether Congress going back to their districts. drop thousands of dollars on us that an or not it passes, and I have been doing They leave the stifling air of Washing- individual could not do, I think is real- so. The gift ban that 47 other Members ton, where people start believing their ly cynical. and I have signed is far more stringent own lies, and they go and really touch I will leave this challenge to the new than the other body’s proposal, and I base with the real people who make minority: That if you really wanted to still hope that other Members of this this country operate, not those of us limit the influence of special interest body will follow our lead by signing the that stay within the beltway. groups, let us support the Wamp Con- gift ban. However, adopting the other I have to say, though, it is sort of in- gress Act, ZACH WAMP’s proposal, body’s proposal would be a strong first teresting to see how fired up Members which means a political action com- step, and it would tell the American are at this time and then watch how it mittee can only give as much as an in- people that we are serious about re- tapers off. I was quite interested in the dividual can give. forming the way the Congress operates, gentlewoman from Colorado stating and that we are serious about restoring Let us empower individuals to influ- that somehow this Congress is not accountability to this House. ence Congress as much as we empower moving its budget agenda along quick the political action committees and b 1300 enough, and that how previous Con- the special interest groups. Let us have Our counterparts in the other body gresses had done it so much more the guts to really talk about it. You have taken appropriate action and quickly. Well, Mr. Speaker, I just wish talk about the donation to this Mem- have passed the much needed gift ban to point out that the fact is, yes, pre- ber, but the fact is that $10,000 around and lobbying reform measures which vious Congresses have moved along the being pumped into a Member has a hell ban gifts to Members and staff. How- budget, but when you move garbage of a lot more influence than what any- ever, as of today, the House has not fast, it is still garbage. An unbalanced thing we are talking about. I do not voted to limit the value of gifts that a budget is an unbalanced budget. play golf, so I am not worried about Member or staff can receive to $100 a We may be taking a little more time this issue, but I do worry about the in- year. This House voted not to limit in- because we are doing something that fluence of political action committees. dividual gifts, including meals, to $50. has not been done in too long a period, I call on you to join with Members on This House has voted not to prohibit and that is we are going to have a bal- both sides of the aisle in limiting the Members from accepting free travel to anced budget design for the next 7 level of contributions that political ac- charity events such as golf and ski years. tion committee can make, and make it trips. Now, Mr. Speaker, there is a lot of equal to what an individual citizen of This House has not voted to narrowly talk about influence of lobbyists here the United States can make to a Mem- define exactly what constitutes a lob- in Congress. But I was here a year ago, ber of Congress. Let us raise the indi- byist and require lobbyists to receive and now I am here as a Member of Con- vidual contribution to $2,000 for an in- at least $5,000 from any one client to gress, and there is a big difference, and dividual and let us lower the political register with the Clerk of the House I want the members of the public to action committee’s contribution to and the Secretary of the Senate. These understand. You watch what is said $2,000, and then we can talk about what are things that this House has not done and talked about here on the floor, but kind of influence the political action but needs to do. it is what happens off this floor that committees and the lobbyists have on In his State of the Union Message, you really have to be aware of. this Congress. President Clinton stated that what we Those of you that are in the gallery, We have cleared this floor of the lob- do not need is a law for everything, and if you come down on this floor now you byists, let us clear the air. Let us not I agree with that, but, Mr. Speaker, do not see the floor lined with lobby- be self-righteous at this time and talk today we have been given clear and ists, you do not see Members of Con- about a contribution from a surfing convincing evidence that not all Mem- gress having to run a gauntlet of influ- magazine. Let us talk about the thou- bers will take these actions volun- ence peddlers trying to get to a Con- sands of dollars that political action tarily. I think, therefore, that we must gress Member before they vote because committees pump into our campaigns, enact proper legislation for those who the new majority, the new Republican and let us all work together to limit are unwilling to do it on their own. majority has done what the Demo- that and encourage individual con- The time is long overdue for the cratic majority refused to do for 40 tributions, individual influence, not House to pass real lobbying reform and years: Tell the lobbyists to get off this lobbyists’ influence, not PAC influence. gift ban measures and restore the peo- floor and leave it for legislation. ple’s trust in this body. The legislation So all this talk about reducing the f passed in the other body is a strong influence of lobbyists I think sounds LOBBY REFORM AND A GIFT BAN first step and we should follow that ex- great on the floor, but actions speak ample. I hope that this afternoon, when louder than words. And for those who The SPEAKER pro tempore. Under a the amendment is offered, it will be want to come to Washington to see the previous order of the House, the gen- ruled in order. I hope that with the difference, as a citizen I was shocked at tleman from Texas [Mr. DOGGETT] is rule not including the opportunity to how many lobbyists were on this floor recognized for 5 minutes. offer this amendment, that the rule a year ago. And as a legislator I am Mr. DOGGETT. Mr. Speaker, I am will be defeated. Now is the time for proud of what NEWT GINGRICH and the pleased to accept the challenge of the September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8549 last speaker, the gentleman from Cali- act and send a message to those who CONGRESSIONAL REFORM fornia. If he does not see enough lobby- come bearing gifts and bearing golf The SPEAKER pro tempore. Under a ists on the floor of this Congress or at junkets, that things have really, in previous order of the House, the gen- the edges of this Congress, it is because fact, changed in this Congress. tleman from West Virginia [Mr. WISE] in too many cases this new Republican It is time to let the people back is recognized for 5 minutes. Congress, instead of moving along fast home, whom we represent, know that Mr. WISE. Welcome back, Mr. Speak- enough, has moved along too slowly our standard of integrity is high and er. First day of Congress everybody is and has actually turned over the oper- that we are committed to seriously and back. Kind of like the first day of ation of some of the key parts of this diligently working to support the pub- school, bringing your book bag, your Congress to the lobbyists. lic interest, not just the interest with pencils, your agenda, our schedule for In one case, in which I personally ob- the person who has got the largest the upcoming semester, but there is served, the staff attorney for our com- charge limit on their gold card. one problem. You look at the schedule mittee was unable to respond to ques- Yes, Congressman GINGRICH said he and the schedule does not reflect what tions from members of the committee was prepared to pass a gift ban, but you may have heard in the district without turning over his shoulder and where is Speaker GINGRICH on this about what people think ought to be getting the answers from the lobbyists issue? Well, we need look no further done. for the bill that was under consider- than the words again on ‘‘Meet the You know, while I was home and par- ation. Press’’ in July, just after the Senate ticipating in town meetings, and par- In one committee, the new Repub- passed the measure this summer of the ticularly a lot of talk shows, there are lican majority staff actually turned Republican majority leader DICK two questions that came up a lot. Why over computers, paid for with public ARMEY, and he said, and I quote: is there going to be a train wreck, and expense, to the lobbyists who were I intend to get a gift ban as soon as we can, when the train wreck comes on October writing the legislation. In another but we are going to attend to the Nation’s 1, because the Federal budget has not committee, a Republican lobbyist actu- business first. When we have an opportunity, been approved and the 137 appropria- when there is room on the schedule, I want ally took the dais along with the Mem- tion bills have not been approved, what bers of Congress that were considering that up, but I am not sure I will find time this year. is going to happen? That is No. 1. And the measure. I would submit that the gentleman No. 2 is, when is there going to be some In fact, it has gotten so bad, a recent real congressional reform? column in the Wall Street Journal was has got the priorities all backward. How is it that we are ever going to get Two questions: Why is there going to entitled ‘‘Special Interest or Feasting be a train wreck and when is there at the Congressional Trough.’’ It is be- to a fair consideration of the Nation’s business unless we have reformed our going to be true congressional reform? cause we have not made enough What is going to be the first bill that lobby and gift provisions to assure that progress in controlling lobby domina- this House takes up today to deal with the Nation’s business is really the busi- tion of this Congress and continued to that? It does not deal with the train ness of the people of this country rath- not have sufficient change in this Con- wreck and it does not deal with con- er than the special interests who have gress that it is important today that gressional reform. The one bill that is enjoyed too much power here in the opportunity has actually knocked a going to pass and get sent to the Presi- Nation’s Capital. second time. dent is a bill that keeps Congress oper- Mr. Speaker, thanks to the leader- Yes, these Republican leaders talk and talk of gift ban and lobby reform, ating. To heck with the rest of the Fed- ship, to the continued leadership of my eral Government, to heck with law en- colleague and friend, the gentleman but it seems that all we hear is the whistle of some day. Some day over the forcement, to heck with the veterans, from Texas [Mr. BRYANT], who spoke a to heck with sending out the Social Se- few minutes earlier, we will have an rainbow they will get around to really taking action and doing something curity checks, the heck with health opportunity today to consider again care, the heck with all of that. Keep lobby reform and a gift ban. The first about meaningful gift ban and lobby reform. I believe that we do not need to Congress operating. Keep the Congress time that opportunity knocked at this budget intact. That is the bill that is Congress was that old Congress last go down the yellow brick road with them. What we need to do is to act being brought to the floor today by the year, and the Congress responded at Republican representative illusionary that time in a bipartisan response, al- today, and we will have an opportunity this evening, a second opportunity to leadership. most a three to one vote, in favor of a Mr. Speaker, I think that people do something about the gift ban. gift ban backed by Congressman BRY- As a new Member of this House, I am think that Congress ought to stand in ANT. committed to constructive change, and line with everybody else, and then if Today we will have an opportunity to there is going to be a shutdown in Gov- consider a similar measure as oppor- my main complaint about the Repub- lican majority, when it comes to the ernment, Congress ought to be affected tunity knocks a second time. It is time in the same way that everybody else is, that this Congress accepted that oppor- way this House operates, is not that they have changed too much the oper- not putting itself ahead. However, that tunity; and, indeed, Members on both is bad enough, but if we could make it sides of the aisle have said they want a ation of the House, but they have changed too little. They have never better, at least attach lobby reform. gift ban. In October 1994, last year, on I have been interested to hear some really gotten to grips with the matter ‘‘Meet the Press.’’ then-Congressman of the new Members from the other of campaign finance reform, lobby re- NEWT GINGRICH said, I quote, ‘‘I am side of the aisle come down and talk form, or gift ban reform. They are set- prepared to pass a bill that bans lobby- about how they felt lobby reform was ting the agenda. There is no reason ists from dealing with Members of Con- important or was not important. They that those items could not have been gress in terms of gifts.’’ failed to point out that last year lobby considered. Indeed, some of us sought Unfortunately, Mr. GINGRICH did not reform passed on this House and, as I to have them considered on the very say when he was prepared to pass that recall, twice in a bipartisan majority, bill, but the when should be now. It first day of this Congress. The time for action is now on mean- and sent over to the Senate where it should be today. was filibustered by Republican Mem- Since 1994, the Senate has, this sum- ingful gift ban and lobby reform. Let us get about the public’s business. bers. mer, approved the very type of gift ban Let us give the Senate credit this measure that it killed last year. It has f time. They passed lobby reform about a approved a measure to plug the loop- The SPEAKER pro tempore. Under a month ago, 98 to zip. That is right, 98 holes in an almost 50 year old lobby previous order of the House, the gen- to zero: lobby reform, banning gifts registration act, and it has approved a tleman from Illinois [Mr. DURBIN] is from lobbyists, reining in and stopping gift ban that is quite similar to that recognized for 5 minutes. the free trips, the junkets and those that Congressman BRYANT offered last [Mr. DURBIN addressed the House. types of things. They passed it. year. It is long past time, in view of His remarks will appear hereafter in What about this House of Represent- that Senate action, for this House to the Extensions of Remarks.] atives? They will not let it be on this H 8550 CONGRESSIONAL RECORD — HOUSE September 6, 1995 bill. If we are going to vote, to put Con- that they made at the U.N. Fourth The First Lady reaffirmed and sup- gress first and make sure Congress does World Conference on Women. Mr. ported the conference’s main themes of not have to shut down and take the Speaker, I rise as one who opposed economic and educational opportunity, same lumps that the rest of the Fed- Beijing as the venue for this important health care, and protecting women eral Government and the rest of the conference. I still think it was a most against violence. Again, the First Lady public does, at least give the public unfortunate choice. and the Ambassador did not mince lobby reform. Let us vote on lobby re- I rise as one who does not think that words of protest over repression, igno- form today. It is very easy and it is the United Nations has been strong rance, abuse, and torture while the very, very simple. Ban the trips, ban enough in enforcing its own rules in Chinese Government looked on. We the gifts, ban the free meals. terms of open participation for women have been told that the Chinese Gov- Mr. Speaker, I have taken the lobby in the conference. The United Nations ernment has not reported on the First reform pledge. I have voluntarily taken did not do enough, whether we are Lady’s speech, but we do know that the on and agreed to abide by the provi- talking about the accreditation of word will get out. sions of the lobby reform package, even women from Taiwan and Tibet, or As one who has opposed the First though it is not the law. This House women who are concerned about wom- Lady’s attendance, I want to commend can do the same thing today. There- en’s and human rights in those coun- her for her outstanding courage for fore, I would just call upon the Repub- tries. The United Nations did not do breaking the silence on human rights lican leadership and the Speaker, first enough in regard to people that the in China, for breaking the silence on of all, to schedule something else. Get Chinese just did not want into that sterilization and forced abortion in some other bills moving that mean conference because their countries rec- China. There are many in this body something to the public besides Con- ognize Taiwan; for example, the rep- who opposed the conference itself. I do gress’ appropriation. resentatives from Niger. not include myself among them, be- cause I believe that the conference is a The second thing: If we are going to However, Mr. Speaker, what I really very important one. I think that some bring Congress’ appropriation to the want to call to the attention of our col- of those who opposed the conference floor today, please put lobby reform on leagues are the strong statements it. End the free trips, end the junkets, and opposed the First Lady’s attend- made by the two leaders of our delega- ance did so because of China’s forced end the meals, end the guests, end the tion. I strongly supported a high-pow- bad perception. Bring some reform to abortion policy. ered delegation to the Beijing con- I look forward to working with those this Congress. ference. I strenuously opposed the at- Finally, third, if I could just get time colleagues, as some of us have been tendance by First Lady Hillary for one more, Mr. Speaker, could we do working together in the Subcommittee Rodham Clinton. I did so because I campaign finance reform? We have on Foreign Relations of the Committee thought it was not possible for her to heard a lot of talk about it. There was on Appropriations and in other com- attend the conference and make the a great handshake out there in New mittees of this House, to improve the strong statement that she made. Hampshire 8 to 10 months ago; but how lot of the women in the world by im- about real campaign finance reform to Indeed, Hillary Rodham Clinton’s proving their health. The First Lady make it easier for challengers? I volun- statements, are the strongest state- talked about women’s health, she tarily agreed to limit the campaign ments made on human rights in China, talked about violence against women, spending that I do. I voluntarily take in Asia, and in the world by this ad- she talked about child survival, she the voluntary campaign pledge that ministration to date. I am very, very talked about the spread of AIDS and our Secretary of State in West Virginia proud that the women of the Clinton how rapidly it is spreading among issues every election season. Congress, administration are taking such a women in the developing countries. though, ought to be willing to pass this strong stand on this very important I look forward to continuing my for the entire country, and so make it issue. work with our colleagues on this sub- easier for challengers, make it easier The First Lady, in Beijing, very cou- ject, and certainly working with the for the public, and make sure that the rageously stood up and broke the si- Clinton administration on those areas money chase ends. lence on sterilization and forced abor- where more common ground has now Finally, Mr. Speaker, let me just tions in a country where that is the been laid by the First Lady, and where urge the Members today, do not make policy. Therefore, I say in the spirit of more opportunity has been presented the first thing Congress does when it commendation to the First Lady and by this very important conference comes back into session to pass its own to Ambassador Albright that when which called attention to these issues. bill for its own appropriation to feather they said they would not mince words With that, Mr. Speaker, I am very its own nest. If we are going to do that, when they went to China, that they proud to place into the RECORD the two Mr. Speaker, I would urge, please let us would make the statements that would statements, by First Lady Hillary have lobby reform: End the trips, end be necessary, they, indeed, did. I com- Rodham Clinton to the United Nations the junkets, end the free meals, and fi- mend them for that. Fourth World Conference on Women, nally begin to restore some faith in It is shameful, I think, that such an and the remarks before the World this congressional system, and particu- important conference on the rights of Health Organization, as well as the larly, in this House of Representatives. women and the economic future of statement of our Ambassador to the United Nations, Ambassador Madeleine f women and families was held in a coun- try with such an appalling human Albright. She was a great participant COMMENDING HILLARY CLINTON rights record. The strong statements of in the conference, she represented our AND MADELEINE ALBRIGHT FOR these members of the U.S. delegation country very excellently, as she always STRONG STATEMENTS ON made it clear that our Nation must not does. I am very pleased to put Ambas- HUMAN RIGHTS DURING THE waiver from its commitment to per- sador Albright’s very strong statement U.N. FOURTH WORLD CON- sonal and political freedom to equal on human rights, indeed, basic free- FERENCE ON WOMEN rights and equal opportunity. doms for all people, men and women, in The SPEAKER pro tempore. Under a The First Lady, in her remarks, was the RECORD of this Congress. previous order of the House, the gentle- eloquent in her defense of the prin- The material referred to follows: woman from California [Ms. PELOSI] is ciples of women’s rights and human AMBASSADOR MADELEINE K. ALBRIGHT, U.S. recognized for 5 minutes. rights, and she spent a great deal of her PERMANENT REPRESENTATIVE TO THE UNIT- ED NATIONS—REMARKS TO THE FOURTH Ms. PELOSI. Mr. Speaker, I appre- time talking about how advancing WORLD CONFERENCE ON WOMEN ciate the opportunity to address the women’s rights would strengthen fami- BEIJING INTERNATIONAL CONVENTION CENTER, House on this very important day. I lies throughout the world. She empha- BEIJING, CHINA, SEPTEMBER 6, 1995 rise to commend First Lady Hillary sized how that strengthening families, Honored guests, fellow delegates and ob- Clinton and our Ambassador to the building families, was what was impor- servers, I am pleased and proud to address United Nations, Ambassador Madeleine tant in strengthening societies this historic conference on behalf of the Albright, for the strong statements throughout the world. United States of America. September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8551 My government congratulates the thou- Second, in accordance with recently-ap- Let us be clear. Freedom to participate in sands who have helped to organize the con- proved law, the Department of Justice will the political process of our countries is the ference, to draft the Platform for Action, to launch a six-year, $1.6 billion initiative to inalienable right of every woman and man. inform the world about the subjects under fight domestic violence and other crimes Deny that right, and you deny everything. discussion here and to encourage wide par- against women. Funds will be used for spe- It is unconscionable, therefore, that the ticipation both by governments and NGO’s. cialized police and prosecution units and to right to free expression has been called into We have come here from all over the world train police, prosecutors and judicial person- question right here, at a conference con- to carry forward an age-old struggle: the nel. ducted under the auspices of the UN and pursuit of economic and social progress for Third, our Department of Health and whose very purpose is the free and open dis- all people, based on respect for the dignity Human Services will lead a comprehensive cussion of women’s rights. and value of each. assault on threats to the health and security And it is a challenge to us all that so many We are here to promote and protect human of women—promoting healthy behavior, in- countries in so many parts of the world— rights and to stress that women’s rights are creasing awareness about AIDS, discourag- north, south, west and east—fall far short of neither separable nor different from those of ing the use of cigarettes, and striving to win the noble objectives outlined in the Platform men. the battle against breast cancer. for Action. We are here to stop sexual crimes and And, as Mrs. Clinton made clear yesterday, Every nation, including my own, must do other violence against women; to protect ref- the United States remains firmly committed better and do more—to make equal rights a ugees, so many of whom are women; and to to the reproductive health rights gains made fundamental principle of law; to enforce end the despicable notion—in this era of con- in Cairo. those rights and to remove barriers to the flicts—that rape is just another tactic of Fourth, our Department of Labor will con- exercise of those rights. war. duct a grassroots campaign to improve con- That is why President Clinton has made fa- We are here to empower women by enlarg- ditions for women in the workplace. The vorable action on the Convention to Elimi- ing their role in making economic and politi- campaign will work with employers to de- nate Discrimination Against Women a top cal decisions, an idea some find radical, but velop more equitable pay and promotion priority. The United States should be a party which my government believes is essential policies and to help employees balance the to that Convention. to economic and social progress around the twin responsibilities of family and work. And it is why we will continue to seek a world; because no country can develop if half Fifth, our Department of the Treasury will dialogue with governments—here and else- its human resources are de-valued or re- take new steps to promote access to finan- where—that deny to their citizens the rights pressed. cial credit for women. Outstanding U.S. enumerated in the Universal Declaration. We are here because we want to strengthen microenterprise lending organizations will In preparing for this conference. I came families, the heart and soul of any society. be honored through special Presidential across an old Chinese poem that is worth re- We believe that girls must be valued to the awards and we will improve coordination of calling, especially today, as we observe the same degree as boys. We believe, with Pope federal efforts to encourage growth in this Day of the Girl-Child. In the poem, a father John Paul II, in the ‘‘equality of spouses field of central importance to the economic says to his daughter: with respect to family rights’’. We think empowerment of women. We keep a dog to watch the house, Sixth, the Agency for International Devel- women and men should be able to make in- A pig is useful, too, opment will continue to lead in promoting formed judgments as they plan their fami- We keep a cat to catch a mouse, and recognizing the vital role of women in lies. And we want to see forces that weaken But what can we do with a girl like you? development. Today, we announce important families—including pronography, domestic initiatives to increase women’s participation Fellow delegates, let us make sure that violence and the sexual exploitation of chil- in political processes and to promote the en- question never needs to be asked again—in dren—condemned and curtailed. China or anywhere else around the world. Finally, we have come to this conference forcement of women’s legal rights. There is a seventh and final commitment Let us strive for the day when every young to assure for women equal access to edu- my country is making today. We, the people girl, in every village and metropolis, can cation and health care, to help women pro- and government of the United States of look ahead with confidence that their lives tect against infection by HIV, to recognize America, will continue to speak out openly will be valued, their individually recognized, the special needs and strengths of women and without hesitation on behalf of the their rights protected and their futures de- with disabilities, and to attack the root human rights of all people. termined by their own abilities and char- causes of poverty, in which so many women, My country is proud that, nearly, a half acter. children and men are entrapped. century ago, Eleanor Roosevelt, a former Let us reject outright the forces of repres- We have come to Beijing to make further First Lady of the United States, helped draft sion and ignorance that have held us back; progress towards each of these goals. But the Universal Declaration of Human Rights. and act with the strength and optimism real progress depend not on what we say We are proud that, yesterday afternoon, in unity can provide. here, but on what we do after we leave her. this very hall, our current First Lady—Hil- Let us honor the legacy of the heroines, fa- The Fourth World Conference for Women is lary Rodham Clinton—re-stated with memo- mous and unknown who struggled in years not about conversations; it is about commit- rable eloquence our national commitment to past to build the platform upon which we ments. that Declaration. now stand. For decades, my nation has led efforts to The Universal Declaration reflects spir- And let us heed the instruction of our own promote equal rights for women. Women in itual and moral tenets which are central to lives. Look around this hall, and you will see their varied roles—as moshers, farm labor- all cultures, encompassing both the won- women who have reached positions of owner ers, factory workers, organizers and commu- drous diversity that defines us and the com- and authority. Go to Huairou, and you will nity leaders helped build America. My gov- mon humanity that binds us. It obliges each see an explosion of energy and intelligence ernment is based on principles that recognize government to strive in law and practice to devoted to every phase of struggle. Enter the right of every person to equal rights and protest the rights of those under its jurisdic- any community in any country, and you will equal opportunity. Our laws forbid discrimi- tion. Whether a government fulfills that ob- find women insisting—often at great risk— nation on the basis of sex and we work hard ligation is a matter not simply of domestic, on their right to an equal voice and equal ac- to enforce those laws. A rich network of non- but of universal, concern. For it is a funding cess to the levers of power. This past week, on video at the NGO governmental organizations has blossomed principle of the United Nations that no gov- Forum, Aung San Suu Kyl, said that ‘‘it is within our borders, reaching out to women ernment can hide its human rights record time to apply in the arena of the world the and girls from all segments of society, edu- from the world. cating, counseling and advocating change. At the heart of the Universal Declaration wisdom and experience’’ women have gained. The United States is a leader, but leaders is a fundamental distinction between coer- Let us all agree; it is time. It is time to cannot stand still. Barriers to the equal par- cion and choice. turn bold talk into concrete action. ticipation of women persist in my country. No woman—whether in Birmingham, Bom- It is time to unleash the full capacity for The Clinton Administration is determined to bay, Beirut or Beijing—should be forcibly production, accomplishment and the enrich- bring those barriers down. sterilized or forced to have an abortion. ment of life that is inherent to us—the Today, in the spirit of this conference, and No mother should feel compelled to aban- women of the world. in the knowledge that concrete steps to ad- don her daughter because of a societal pref- Thank you very much. vance the status of women are required in erence for males. FIRST LADY HILLARY RODHAM CLINTON—RE- every nation, I am pleased to announce the No woman should be forced to undergo gen- MARKS FOR THE WORLD HEALTH ORGANIZA- new commitments my government will un- ital mutilation, or to become a prostitute, or TION FORUM ON WOMEN AND HEALTH SECU- dertake: to enter into marriage or to have sex. First, President Clinton will establish a No one should be forced to remain silent RITY White House Council on Women to plan for for fear of religious or political persecution, BEIJING, CHINA, SEPTEMBER 5, 1995 the effective implementation within the arrest, abuse or torture. Thank you, Dr. Nakajima. United States of the Platform for Action. All of us should be able to exercise control Dr. Nakajima, Dr. Sadik, Gertrude That Council will buiild on the commit- over the course of our own lives and be able Mongella, delegates to the Fourth U.N. Con- ments made today and will work every day to help shape the destiny of our communities ference on Women, and guests from all cor- with the nongovernmental community. and countries. ners of the world, I am honored to be here H 8552 CONGRESSIONAL RECORD — HOUSE September 6, 1995 this morning among women and men who are around the world die in childbirth. Most of the physical integrity of a woman’s body, committed to improving the health of those deaths could be prevented with basic leaving a lifetime of physical and emotional women and girls everywhere. primary, reproductive and emergency obstet- scars. I commend the World Health Organization ric health care. In some places, there are HIV, AIDS, and sexually transmitted dis- for making women’s health a top priority 175,000 motherless children for every one mil- eases threaten more and more women—and and for establishing the Global Commission lion families. Many of those children don’t experts predict that by the end of this decade on Women’s Health. survive. And of those who do, many are re- more than half of the people in the world I am proud that in the preparatory meet- cruited into a life of exploitation on the with HIV will be women. AIDS, which ing for this Fourth World Conference on streets of our world’s cities, subjected daily threatens whole families and regions, de- Women, the United States took the lead in to abuse, indignity, disease, and the specter mands the strongest possible response. Gov- highlighting the importance of a comprehen- of early death. ernments and the international community sive approach to women’s health. That ap- There must be a renewed commitment to must address head-on the growing number of proach builds on actions taken at previous improving maternal health. The WHO women who are being infected. women’s conferences and the recent con- launched in 1987 a Safe Motherhood Initia- More than 700,000 women worldwide face ferences at Cairo and Copenhagen, whose tive to halve maternal mortality by the year breast cancer each year—and over 300,000 die goals to promote the health and well-being 2000. To reach that goal, more attention of it. It’s the leading cause of death for of all people were endorsed by 180 nations. must be paid to emergency medical care as women in their prime in the developed world. Cairo was particularly significant as gov- well as primary prenatal care. Providing In the time I speak to you today, 25 women ernmental and non-governmental partici- emergency obstetric care is a relatively around the world will die of breast cancer. In pants worked together to craft a Program cheap way of saving lives—and along with my own country, it is hard to find a family, for Action which, among other things, calls family planning services is among the most an office, or a neighborhood that has not for universal access to good quality repro- cost effective interventions in even the poor- been touched by this disease. My mother-in- ductive health care services, including safe, est of countries. law struggled against breast cancer for four effective, voluntary family planning; greater The commitment of the WHO and its Glob- years before losing her battle. access to education and health care; more re- al Commission on Women’s Health to make Tobacco use is the number one preventable sponsibility on the part of men in sexual and childbearing and childbirth a safe and cause of death. Ninety percent of women who reproductive health and childbearing; and re- healthy period of every woman’s life deserves smoke began to smoke as adolescents—lead- duction of wasteful resource consumption. action on the part of every nation rep- ing to high rates of heart disease, cancer, Here at this conference, improving girls resented here. and chronic lung disease later in life. and women’s health is a priority of the draft One hundred million women cannot obtain As the WHO points out, we also need to Platform for Action. It includes such goals or are not using family planning services be- recognize and effectively address the fact as: Access to universal primary health care cause they are poor, uneducated or lack ac- that women are far more likely to be exposed for all people—a goal not yet achieved in cess to care. Twenty million of these women to work-related and environmental health many countries, including my own. The pro- will seek unsafe abortions—some will die, hazards. Policies to alleviate and eliminate motion of breast feeding. The provision of some will be disabled for life. A growing such health hazards associated with work in safe drinking water and sanitation. Research number of unwanted pregnancies are occur- the home and in the workplace demand ac- in and attention to women’s health issues, ring among young women, barely beyond tion. including: environmental hazards, preven- childhood themselves. As we know, when Research also indicates that certain com- tion of HIV/AIDS and other sexually trans- children have children, the chances of municable diseases affect women in greater mitted diseases, encouragement for adoles- schooling, jobs, and good health is reduced numbers. Tuberculosis, for example, is re- cents to postpone sexual activity and child- for both parent and child. And our progress sponsible for the deaths of one million bearing, and discouragement of cultural tra- as a human family takes another step back. women each year and those in their early ditions and customs that deny food and The Cairo document recognizes ‘‘the basic and reproductive years are most vulnerable. health care to girls and women. right of all couples and individuals to decide When health care systems around the Goals such as these illustrate a new com- freely and responsibly the number, spacing world don’t work for women: when our moth- mitment to the well-being of girls and and timing of their children and to have the ers, daughters, sisters, friends and coworkers women and a belief in their rights to live up information and means to do so.’’ Women are denied access to quality care because to their own God-given potentials. should have the right to health care that they are poor, do not have health insurance, At long last, people and their governments will enable them to go safely through preg- or simply because they are women, it is not everywhere are beginning to understand that nancy and childbirth and provide them with just their health that is put at risk. It is the investing in the health of women and girls is the best chance of having a healthy infant. health of their families and communities as as important to the prosperity of nations as Women and men must also have the right well. investing in the development of open mar- to make those most intimate of all decisions Like many nations, the United States kets and trade. The health of women and free of discrimination, coercion and violence, brings to this conference a serious commit- girls cannot be divorced from progress on particularly any coercive practices that ment to improving women’s health. We bring other economic and social issues. force women into abortions or sterilizations. with us a series of initiatives which rep- Scientists, doctors, nurses, community On these issues, the US supports the provi- resent the first steps to carrying out this leaders and women themselves are working sions in the Beijing Platform for Action that Conference’s Platform for Action. to improve and safeguard the health of reaffirm consensus language that was agreed We are continuing to work for health care women and families all over the world. If we to at the Cairo Conference about a year ago. reform to ensure that every citizen has ac- join together as a global community, we can It declared that ‘‘in no case should abortion cess to affordable, quality care. lift up the health and dignity of all women be promoted as a method of family plan- We are proposing a comprehensive and co- and their families in the remaining years of ning.’’ The Platform asks governments ‘‘to ordinated plan to reduce smoking by chil- the 20th century and on into the next millen- strengthen their commitment to women’s dren and adolescents by 50 percent. nium. health, to deal with the health impact of un- We are working to address the many fac- Yet, for all the promise the future holds, safe abortion as a major public health con- tors that contribute to teenage pregnancy, we also know that many barriers lie in our cern and to reduce the recourse to abortion our most serious social problems, by encour- way. For too long, women have been denied through expanded and improved family plan- aging abstinence and personal responsibility access to health care, education, economic ning services.’’ on the part of young men and women; im- opportunities, legal protection and human Violence against women remains a leading proving access to health care and family rights—all of which are used as building cause of death among girls and women be- planning services; and supporting health blocks for a healthy and productive life. tween the ages of 14 and 44—violence from education in our schools. In too many places today, the health of ethnic and religious conflicts, crime in the We are pursuing a public policy agenda on women and families is compromised by inad- streets and brutality in the home. For HIV/AIDS that is specific to women, adoles- equate, inaccessible and unaffordable medi- women who survive the violence, what often cents, and children. cal care, lack of sanitation, unsafe drinking awaits them is a life of unrelenting physical We are continuing to fund and conduct water, poor nutrition, insufficient research and emotional pain that destroys their ca- contraceptive research and development. and education about women’s health issues, pacity for mothering, homemaking or work- We are addressing the health needs of and coercive and abusive sexual practices. ing and can lead to substance abuse, and women through initiatives such as: In too many places, the status of woman’s even suicide. The National Action Plan on Breast Can- health is a picture of human suffering and Violence against girls and women goes be- cer—a public, private partnership working pain. The faces in that picture are of girls yond the beatings, rape, killings and forced with all agencies of government, the media, and women who, but for the grace of God or prostitution that arise from poverty, wars scientific organizations, advocacy groups the accident of birth, could be us or one of and domestic conflicts. Every day, more and industry to advance breast health and our sisters, mothers or daughters. than 5,000 young girls are forced to endure eradicate breast cancer as a threat to the Today, at least fifteen percent of pregnant the brutal practice of genital mutilation. lives of American women. woman suffer life threatening complications The procedure is painful and life-threaten- An Expansion of the National Breast and and more than one-half million women ing. It is degrading. And it is a violation of Cervical Cancer Early Detection Program— September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8553 which will ensure that women who need reg- human rights and participate fully in the po- much of the work we do is not valued—not ular screening and detection services have litical life of their countries. by economists, not by historians, not by pop- access to them, and that those services meet There are some who question the reason ular culture, not by government leaders. quality standards. for this conference. Let them listen to the At this very moment, as we sit here, The inclusion of women in clinical trials voices of women in their homes, neighbor- women around the world are giving birth, for research and testing of drugs or other hoods, and workplaces. raising children, cooking meals, washing interventions that probe specific differences There are some who wonder whether the clothes, cleaning houses, planting crops, between men and women in patterns of dis- lives of women and girls matter to economic working on assembly lines, running compa- ease and reactions to therapy. and political progress around the nies, and running countries. The special health needs of older women globe . . . Let them look at the woman Women also are dying from diseases that will be addressed through educational cam- gathered here and at Heirou. . . the home- should have been prevented or treated; they paigns about osteoporosis, cancer and other makers, nurses, teachers, lawyers, policy- are watching their children succumb to mal- diseases. makers, and women who run their own busi- nutrition caused by poverty and economic And the US is conducting the largest clini- nesses. deprivation; they are being denied the right cal research study ever undertaken to exam- It is conferences like this that compel gov- to go to school by their own fathers and ine the major causes of death, disability and ernments and peoples everywhere to listen, brothers; they are being forced into prostitu- frailty in post-menopausal women. look and face the world’s most pressing prob- tion, and they are being barred from the bal- Women’s health security must be a prior- lems. lot box and the bank lending office. ity of all people and governments working Wasn’t it after the women’s conference in Those of us who have the opportunity to be together. Without good health, a woman’s Nairobi ten years ago that the world focused here have the responsibility to speak for God-given potential can never be realized. for the first time on the crisis of domestic vi- those who could not. And without healthy women, the world’s po- olence? As an American, I want to speak up for tential can never be realized. Earlier today, I participated in a World women in my own country—women who are So let us join together to ensure that every Health Organization forum, where govern- raising children on the minimum wage, little boy and girl that comes into our world ment officials, NGOs, and individual citizens women who can’t afford health care or child is healthy and wanted, that every young are working on ways to address the health care, women whose lives are threatened by woman has the education and economic op- problems of women and girls. violence, including violence in their own portunity to live a healthy life; and that Tomorrow, I will attend a gathering of the homes. every woman has access to the health care United Nations Development Fund for I want to speak up for mothers who are she needs throughout her life to fulfill her Women. There, the discussion will focus on fighting for good schools, safe neighbor- potential in her family, her work, and her local—and highly successful—programs that hoods, clean air and clean airwaves. . . for community. give hard-working women access to credit so older women, some of them widows, who If we care about the futures of our daugh- they can improve their own lives and the have raised their families and now find that ters, our sons, and the generations that will lives of their families. their skills and life experiences are not val- follow them, we can do nothing less. What we are learning around the world is ued in the workplace. . . for women who are Thank you for the work you do every day that, if women are healthy and educated, working all night as nurses, hotel clerks, and to bring better health to the women, chil- their families will flourish. If women are free fast food chefs so that they can be at home dren, and families of this world. Thank you from violence, their families will flourish. If during the day with their kids . . . and for for helping governments and citizens around women have a chance to work and earn as women everywhere who simply don’t have the world understand that we cannot talk full and equal partners in society, their fami- time to do everything they are called upon about equality and social development with- lies will flourish. to do each day. out also talking about health care. And when families flourish, communities Speaking to you today, I speak for them, Most of all, thank you for being part of and nations will flourish. just as each of us speaks for women around this historic and vital discussion, which That is why every woman, every man, the world who are denied the chance to go to holds so much promise for our future. every child, every family, and every nation school, or see a doctor, or own property, or on our planet has a stake in the discussion have a say about the direction of their lives, FIRST LADY HILLARY RODHAM CLINTON—RE- that takes place here. simply because they are women. MARKS FOR THE UNITED NATIONS FOURTH Over the past 25 years, I have worked per- The truth is that most women around the WORLD CONFERENCE ON WOMEN sistently on issues relating to women, chil- world work both inside and outside the dren and families. Over the past two-and-a- home, usually by necessity. BEIJING, CHINA, SEPTEMBER 5, 1995 half years, I have had the opportunity to We need to understand that there is no for- Mrs. Mongella, distinguished delegates and learn more about the challenges facing mula for how women should lead their lives. guests: women in my own country and around the That is why we must respect the choices that I would like to thank the Secretary Gen- world. each woman makes for herself and her fam- eral of the United Nations for inviting me to I have met new mothers in Jojakarta, In- ily. Every woman deserves the chance to re- be part of the United Nations Fourth World donesia, who come together regularly in alize her God-given potential. Conference on Women. This is truly a cele- their village to discuss nutrition, family We also must recognize that women will bration—a celebration of the contributions planning, and baby care. never gain full dignity until their human women make in every aspect of life; in the I have met working parents in Denmark rights are respected and protected. home, on the job, in their communities, as who talk about the comfort they feel in Our goals for this conference, to strength- mothers, wives, sisters, daughters, learners, knowing that their children can be cared for en families and societies by empowering workers, citizens and leaders. in creative, safe, and nurturing after-school women to take greater control over their It is also a coming together, much the way centers. own destinies, cannot be fully achieved un- women come together every day in every I have met women in South Africa who less all governments—here and around the country. helped lead the struggle to end apartheid and world—accept their responsibility to protect We come together in fields and in fac- are now helping build a new democracy. and promote internationally recognized tories. In village markets and supermarkets. I have met with the leading women of the human rights. In living rooms and board rooms. Western Hemisphere who are working every The international community has long ac- Whether it is while playing with our chil- day to promote literacy and better health knowledged—and recently affirmed at Vi- dren in the park, or washing clothes in a care for the children of their countries. enna—that both women and men are entitled river, or taking a break at the office water I have met women in India and Bangladesh to a range of protections and personal free- cooler, we come together and talk about our who are taking out small loans to buy milk doms, from the right of personal security to aspirations and concerns. And time and cows, rickshaws, thread and other materials the right to determine freely the number and again, our talk turns to our children and our to create a livelihood for themselves and spacing of the children they bear. families. their families. No one should be forced to remain silent However different we may be, there is far I have met doctors and nurses in Belarus for fear of religious or political persecution, more that unites us than divides us. We and Ukraine who are trying to keep children arrest, abuse or torture. share a common future. And we are here to alive in the aftermath of Chernobyl. Tragically, women are most often the ones find common ground so that we may help The great challenge of this conference is to whose human rights are violated. Even in bring new dignity and respect to women and give voice to women everywhere whose expe- the late 20th century, the rape of women girls all over the world—and in so doing, riences go unnoticed, whose words go un- continues to be used as an instrument of bring new strength and stability to families heard. armed conflict. Women and children make as well. Women comprise more than half the up a large majority of the world’s refugees. By gathering in Beijing, we are focusing world’s population. Women are 70 percent of And when women are excluded from the po- world attention on issues that matter most the world’s poor, and two-thirds of those who litical process, they become even more vul- in the lives of women and their families: ac- are not taught to read and write. nerable to abuse. cess to education, health care, jobs, and Women are the primary caretakers for I believe that, on the eye of a new millen- credit, the chance to enjoy basic legal and most of the world’s children and elderly. Yet nium, it is time to break our silence. It is H 8554 CONGRESSIONAL RECORD — HOUSE September 6, 1995 time for us to say here in Beijing, and the If we take bold steps to better the lives of into Kuwait, three B–2’s interdicted it, world to hear, that it is no longer acceptable women we will be taking bold steps to better dropped the sensor-fused weapons, and to discuss women’s rights as separate from the lives of children and families too. Fami- were able to knock out 46 percent of human rights. lies rely on mothers and wives for emotional the mechanized vehicles including These abuses have continued because, for support and care; families rely on women for too long, the history of women has been a labor in the home; and increasingly, families tanks in that division. That, Mr. history of silence. Even today, there are rely on women for income needed to raise Speaker, is a revolutionary conven- those who are trying to silence our words. healthy children and care for other relatives. tional capability. The voices of this conference and of the As long as discrimination and inequities The problem is that every study that women at Hairou must be heard loud and remain so commonplace around the world— has been done on the B–2 indicates that clear: as long as girls and women are valued less, having only 16 of them is simply not It is a violation of human rights when ba- fed less, fed last, overworked, underpaid, not enough. The Rand study and the study bies are denied food, or drowned, or suffo- schooled and subjected to violence in and out that was done by Gen. Jasper Welch, cated, or their spines broken, simply because of their homes—the potential of the human they are born girls. family to create a peaceful, prosperous world stated that somewhere between 40 and It is a violation of human rights when will not be realized. 60 are needed. I in fact asked General women and girls are sold into the slavery of Let this conference be our—and the Powell what he recommended to Dick prostitution. world’s—call to action. Cheney, and he said, ‘‘I recommended It is a violation of human rights when And let us heed the call so that we can cre- 50.’’ women are doused with gasoline, set on fire ate a world in which every woman is treated In my judgment, this is the most im- and burned to death because their marriage with respect and dignity, every boy and girl portant defense decision we will be dowries are deemed too small. is loved and cared for equally, and every It is a violation of human rights when indi- family has the hope of a strong and stable fu- making in this decade. Seven former vidual women are raped in their own commu- ture. Secretaries of Defense wrote President nities and when thousands of women are sub- Thank you very much. Clinton urging him to procure addi- jected to rape as a tactic or prize of war. God’s blessing on you, your work and all tional B–2’s. We have spent $44.4 billion It is a violation of human rights when a who will benefit from it. to develop the technology for the B–2 leading cause of death worldwide among f bomber. We are now able to get an ad- women ages 14 to 44 is the violence they are ditional 20 B–2’s for about $15.3 billion. subjected to in their own homes. THE B–2 BOMBER AND AMERICA’S In my mind, that is affordable. If we It is a violation of human rights when READINESS young girls are brutalized by the painful and shut down the line, and if we come degrading practice of genital mutilation. The SPEAKER pro tempore (Mr. EV- back to it in 5 or 10 years and say, ‘‘My It is a violation of human rights when ERETT). Under a previous order of the gosh, we do not have the bombers we women are denied the rights to plan their House, the gentleman from Washington need for the future,’’ it will cost $10 bil- own families, and that includes being forced [Mr. DICKS] is recognized for 5 minutes. lion just to open the line and we get to have abortions or being sterilized against Mr. DICKS. Mr. Speaker, today I nothing. their will. want to address the House of Rep- My judgment is that there is another If there is one message that echoes forth resentatives in this special order on a from this conference, it is that human rights important issue that has been missed are women’s rights. . . . And women’s rights very important issue that will come be- by the press. That is the cost of the are human rights. fore the House tomorrow morning, to- munitions on these planes. If we have Let us not forget that among those rights morrow afternoon, when we consider standoff weapons, which the adminis- are the right to speak freely. And the right the defense appropriations bill. Since tration supports, on the B–52’s and the to be heard. 1980, I have been a strong supporter of B–1–B’s, first of all, they have no util- Women must enjoy the right to participate the policy of former President Carter ity against mobile targets. No. 2, is fully in the social and political lives of their and Secretary of Defense Harold Brown that they cost $1.2 million per missile, countries if we want freedom and democracy in initiating the stealth bomber, the B– to thrive and endure. because you have to have long-range It is indefensible that many women in non- 2 program. missiles. They also cost about $15 to governmental organizations who wished to In the gulf war, we saw with vivid $20 billion for a load of them. participate in this conference have not been evidence the effectiveness of stealth The cost of the weapons in the B–2 J– able to attend—or have been prohibited from technology when it was decided to use DAMS weapon is $320,000 for 16 of them, fully taking part. the F–117’s against the most heavily and in my judgment, that is a major Let me be clear. Freedom means the right defended targets inside Saddam Hus- difference, one-fourth the cost of one of people to assemble, organize, and debate sein’s Iraq. The F–117’s, without the re- cruise missile and a fraction of the cost openly. It means respecting the views of quirement for jammers and other sup- those who may disagree with the views of of a load of missiles. In a few days of a their governments. It means not taking citi- port aircraft, were able to go in and at- major conflict, you could pay for the zens away from their loved ones and jailing tack the most heavily defended tar- B–2 simply by having these less expen- them, mistreating them, or denying them gets, using 2,000 pound precision-guided sive weapons, either the sensor-fused their freedom or dignity because of the munitions. They were able to knock weapon or the J–DAMS. I think that is peaceful expression of their ideas and opin- out those radars and surface to air mis- a major difference. I also believe, if we ions. siles almost instantly, and come back had enough B–2’s, the potential some- In my country, we recently celebrated the without out pilots being shot down. day for a conventional deterrent. 75th anniversary of women’s suffrage. It took I believe that the B–2 bomber is just 150 years after the signing of our Declaration What if we had been able to show of Independence for women to win the right a bigger and better version of the F– Saddam that we had this capability to vote. It took 72 years of organized strug- 117. It allows us to go five times as far and we could have avoided the gulf gle on the part of many courageous women and carry eight times as much conven- war? It cost us $10 billion to move all and men. tional munitions and submunitions. our forces out to the gulf. Then it cost It was one of America’s most divisive phil- With those same 2,000 pounds, it could $60 billion to prosecute the war, $70 bil- osophical wars. But it was also a bloodless carry 16, each of which would be inde- lion was expended. war. Suffrage was achieved without a shot pendently targetable. fired. I think the most revolutionary thing b 1330 We have also been reminded, in V–J Day observances last weekend, of the good that about stealth technology is its capabil- The cold war is over, yet we still comes when men and women join together to ity against mobile targets. In a B–2 have threats out there. People say combat the forces of tyranny and build a bet- study that was done by Rand back in there are no threats. Saddam still ex- ter world. 1991, a simulation was used of Saddam ists. We have problems with Iran, we We have seen peace prevail in most places Hussein’s division, moving from Saudi have problems with North Korea. And for a half century. We have avoided another Arabia into Kuwait. The B–2 was load- in each of those scenarios, there could world war. ed up with sensor-fused weapons. Each be military divisions coming across the But we have not solved older, deeply-root- ed problems that continue to diminish the B–2 could carry about 1,400 of these borders into a neighboring country. potential of half the world’s population. submunitions that looks like a puck In my judgment, having this long- Now it is time to act on behalf of women with a parachute on top when dis- range stealth bomber capability that everywhere. pensed. With Saddam’s division coming can go in without any other support September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8555 aircraft with it, being able to attack 1655, the Intelligence Authorization items which necessitate a waiver of mobile targets and also go after Scud Act for fiscal year 1996. clause 2 of rule XX. launchers, that is a new capability that The chairman of the Intelligence There was very little discussion at only the B–2 would have. To me this Committee has requested a rule which the hearing to grant the rule and I do kind of revolutionary conventional ca- would require that amendments be pre- not believe there should be much con- pability is exactly what the country printed in the CONGRESSIONAL RECORD. troversy surrounding it. needs. If this request is granted, and I believe Before the district work period, I So I hope my colleagues tomorrow it will be, amendments to be preprinted read press accounts that the President will defeat the amendment offered by would need to be signed by the Member may be considering a veto of this con- the gentleman from Ohio [Mr. KASICH] and submitted at the Speaker’s table. ference report, not because he dis- to take out the money for the B–2. I be- The amendments would still need to agrees with any of its substance, but lieve that this Stealth bomber is ex- be consistent with House rules and rather because it is the first of the nec- actly what we need for the future, and would be given no special protection by essary 13 spending measures to reach I urge my colleagues to continue to being printed. his desk, and he may, apparently, wish support this important weapons system Members should use the Office of to protest against some other bills that as we did on the defense authorization Legislative Counsel to ensure that he does not have substantive objections bill. their amendments are properly drafted to. f and should check with the Office of the I think that action by the President Parliamentarian to be certain their would be very unfortunate—but we The SPEAKER pro tempore (Mr. EV- amendments comply with the rules of need to proceed with the responsibil- ERETT). Under a previous order of the ities that we have, like passing the ap- House, the gentlewoman from Florida the House. It is not necessary to submit amend- propriations bills. And with this bill we [Mrs. THURMAN] is recognized for 5 min- ments to the Rules Committee or to are setting the example of moving to- utes. testify as long as the amendments ward a balanced budget by reducing [Mrs. THURMAN addressed the comply with the House rules. our own budget first. As a Member of House. Her remarks will appear here- f Congress who serves on both of the after in the Extensions of Remarks.] Speaker-appointed committees, and in f SUNDRY MESSAGES FROM THE my role on the Committee on House The SPEAKER pro tempore. Under a PRESIDENT Oversight, I am very proud of the re- previous order of the House, the gentle- Sundry messages in writing from the forms achieved in H.R. 1854 and re- woman from California [Ms. LOFGREN] President of the United States were tained in this conference report, based is recognized for 5 minutes. communicated to the House by Mr. on the recommendations by House [Ms. LOFGREN addressed the House. Edwin Thomas, one of his secretaries. Oversight. We had some tough choices Her remarks will appear hereafter in f to make, but getting our own House in the Extensions of Remarks.] order and cutting our own budget was a WAIVING POINTS OF ORDER necessary and important first step in f AGAINST CONFERENCE REPORT the long and difficult road toward The SPEAKER pro tempore. Under a ON H.R. 1854, LEGISLATIVE achieving a balanced Federal budget. previous order of the House, the gen- BRANCH APPROPRIATIONS ACT, Mr. Speaker, as you will recall from tleman from Georgia [Mr. LEWIS] is 1996 the House’s consideration of this bill in recognized for 5 minutes. Mr. DIAZ-BALART. Mr. Speaker, by June, H.R. 1854 incorporates House [Mr. LEWIS of Georgia addressed the direction of the Committee on Rules, I Oversight plans to greatly reform the House. His remarks will appear here- call up House Resolution 206 and ask internal workings of the House of Rep- after in the Extensions of Remarks.] for its immediate consideration. resentatives, and over the next few f The Clerk read the resolution, as fol- months alone, save the taxpayers $7 lows: million by streamlining operations. RECESS This bill is below the subcommittee’s H. RES. 206 The SPEAKER pro tempore. Pursu- 602(B) allocation and is over 8 percent Resolved, That upon adoption of this reso- below last year’s spending level. Addi- ant to clause 12 of rule I, the Chair de- lution it shall be in order to consider the clares the House in recess until 4 p.m. conference report to accompany the bill tionally, H.R. 1854 eliminates, consoli- Accordingly (at 1 o’clock and 31 min- (H.R. 1854) making appropriations for the dates and reduces, and paves the way utes p.m.), the House stood in recess Legislative Branch for the fiscal year ending for the privatization of some functions until 4 p.m. September 30, 1996, and for other purposes. that may be less costly when per- f All points of order against the conference re- formed by the private sector. port and against its consideration are I would like to commend Chairman b 1600 waived. THOMAS, Chairman PACKARD, Ranking The SPEAKER pro tempore. The gen- Member FAZIO and of course Chairman AFTER RECESS tleman from Florida [Mr. DIAZ- LIVINGSTON, for their excellent work in The recess having expired, the House BALART] is recognized for 1 hour. bringing this conference report for- was called to order by the Speaker pro Mr. DIAZ-BALART. Mr. Speaker, for ward. tempore (Mr. HASTINGS of Washington) the purposes of debate only, I yield the Mr. Speaker, House Resolution 206 is at 4 p.m. customary 30 minutes to the gen- necessary to preserve the agreements f tleman from Texas [Mr. FROST], pend- reached in conference on legislative ing which I yield myself such time as I branch appropriations I urge adoption ANNOUNCEMENT OF THE AMEND- may consume. During consideration of of both the rule and the conference re- MENT PROCESS FOR THE INTEL- this resolution, all time yielded as for port. LIGENCE AUTHORIZATION ACT the purpose of debate only. RULE FOR LEGISLATIVE BRANCH APPROPRIA- FOR FISCAL YEAR 1996 Mr. Speaker, I am pleased to bring TION CONFERENCE REPORT SPECIFIC WAIV- (Mr. SOLOMON asked and was given forth the first of the 13 appropriations ERS INCLUDED IN THE GENERAL WAIVER permission to address the House for 1 bills that has made it through the con- ITEMS BEYOND THE SCOPE OF CONFERENCE minute and to revise and extend his re- ference process. This rule is very sim- (CLAUSE 3, RULE XXVIII) marks.) ple—it merely waives points of order Amendment #10 adds new features to the Mr. SOLOMON. Mr. Speaker, I rise against the consideration of the con- Senate proposal for 60 days of severance pay for the purposes of making an an- ference report. Specifically, the rule for employees of the Office of Technology Assessment (OTA), such as entitlement to nouncement. contains waivers for three items that health benefits. The House had no com- The Rules Committee is planning to go beyond the scope of the conference, parable provision. meet tomorrow, September 7, to report thereby waiving clause 3 of rule Amendment #34 includes a provision di- a rule for the consideration of H.R. XXVIII. There are also a few legislative recting the Public Printer to propose a H 8556 CONGRESSIONAL RECORD — HOUSE September 6, 1995 means to create cost incentives for publish- Senate has already wisely and pru- (A) the President; ing agencies, including Congress, to migrate dently imposed upon themselves. For (B) the Vice President; from print-on paper products to electronic that reason, I will support Mr. BRYANT (C) any officer or employee, or any other format. This is a different approach from and his proposed amendment to this individual functioning in the capacity of that recommended by the House. There was such an officer or employee, in the Executive no Senate provision on this subject. rule. Office of the President; Amendment #55 drops a Senate provision I would ask that the amendment to (D) any officer or employee serving in a po- regarding reductions in facility energy costs. the rule be printed in the RECORD at sition in level I, II, III, IV, or V of the Execu- There was no comparable House provision. this point. The amendment would tive Schedule, as designated by statute or Then three new provisions were inserted as adopt the text of a concurrent resolu- Executive order; follows: (1) to specify the law enforcement tion providing lobby and gift reform, (E) any member of the uniformed services authority of the House Sergeant at Arms, (2) and I would ask that the text of House whose pay grade is at or above O–7 under sec- tion 201 of title 37, United States Code; and to clarify existing authority of the Commit- Concurrent Resolution 99 also be print- tee on House Oversight to consolidate rep- (F) any officer or employee serving in a po- resentational allowances of House Members, ed in the RECORD at this point. sition of a confidential, policy-determining, and (3) to establish an account to pay settle- The material referred to is as follows: policy-making, or policy-advocating char- ments under the Congressional Accountabil- AMENDMENT TO RULE ON H.R. 1854 acter described in section 7511(b)(2) of title 5, ity Act and to require that specified Con- LEGISLATIVE BRANCH CONFERENCE REPORT United States Code. gressional agencies submit proposals to re- ‘‘Section 2. Upon the adoption of this reso- (4) COVERED LEGISLATIVE BRANCH OFFI- duce facility energy costs. lution, the House shall be considered to have CIAL.—The term ‘‘covered legislative branch official’’ means— LEGISLATIVE ITEMS ON AN APPROPRIATION CON- adopted a concurrent resolution (H. Con. (A) a Member of Congress; FERENCE REPORT (CLAUSE 2, RULE XX)—EX- Res. 99) directing the Clerk of the House to (B) an elected officer of either House of AMPLE correct the enrollment of H.R. 1854. ‘‘Section 3. The Clerk of the House of Rep- Congress; Amendment #10 establishes a new proce- (C) any employee of, or any other individ- dure for the phase out of OTA employees. resentatives shall not send to the Senate a message informing the Senate of the adop- ual functioning in the capacity of an em- Mr. Speaker, I reserve the balance of tion by the House of the conference report on ployee of— my time. H.R. 1854 until the House receives a message (i) a Member of Congress; Mr. FROST. Mr. Speaker, I yield my- from the Senate informing the House of the (ii) a committee of either House of Con- self such time as I may consume. adoption of a concurrent resolution (H. Con. gress; Mr. Speaker, while I may not agree Res. 99) directing the Clerk of the House to (iii) the leadership staff of the House of correct the enrollment of H.R. 1854.’’ Representatives or the leadership staff of the with the priorities established in the Senate; conference report to accompany the H. CON. RES. 99 (iv) a joint committee of Congress; and fiscal year 1996 legislative branch ap- Resolved by the House of Representatives (the (v) a working group or caucus organized to propriation, I support this rule. I will, Senate concurring), That in the enrollment of provide legislative services or other assist- however, oppose the previous question. the bill (H.R. 1854) entitled, ‘‘An Act making ance to Members of Congress; and As we have in years past, the Com- appropriations for the Legislative Branch for (D) any other legislative branch employee mittee on Rules has recommended a the fiscal year ending September 30, 1996, and serving in a position described under section for other purposes’’, the Clerk of the House 109(13) of the Ethics in Government Act of rule which waives all points of order shall make the following correction: 1978 (5 U.S.C. App.). against the consideration of the con- At the end of title III add the following: (5) EMPLOYEE.—The term ‘‘employee’’ ference report. The Democratic mem- TITLE IV—LOBBYING DISCLOSURE means any individual who is an officer, em- bers of the Rules Committee concur SEC. 401. SHORT TITLE. ployee, partner, director, or proprietor of a person or entity, but does not include— that these waivers should be granted. This title may be cited as the ‘‘Lobbying (A) independent contractors; or Mr. Speaker, I am concerned that the Disclosure Act of 1995’’. (B) volunteers who receive no financial or conference report is penny wise and SEC. 402. FINDINGS. pound foolish with regard to the con- other compensation from the person or en- The Congress finds that— tity for their services. tinued existence of the Office of Tech- (1) responsible representative Government (6) FOREIGN ENTITY.—The term ‘‘foreign en- nology Assessment. We all agree that requires public awareness of the efforts of tity’’ means a foreign principal (as defined in every part of the Government needs to paid lobbyists to influence the public deci- section 1(b) of the Foreign Agents Registra- be carefully examined and subjected to sionmaking process in both the legislative tion Act of 1938 (22 U.S.C. 611(b)). cuts, it does not make a great deal of and executive branches of the Federal Gov- (7) LOBBYING ACTIVITIES.—The term ‘‘lobby- ernment; ing activities’’ means lobbying contacts and sense to me to abolish a congressional (2) existing lobbying disclosure statutes support agency which has provided us efforts in support of such contacts, including have been ineffective because of unclear preparation and planning activities, research with invaluable information about statutory language, weak administrative and and other background work that is intended, science and technology. The work of enforcement provisions, and an absence of at the time it is performed, for use in con- the OTA has been supported on a bipar- clear guidance as to who is required to reg- tacts, and coordination with the lobbying ac- tisan basis, and in fact, in July, the ister and what they are required to disclose; tivities of others. House voted 228 to 201 to continue the and (8) LOBBYING CONTACT.— functions of this agency. Yet, the con- (3) the effective public disclosure of the (A) DEFINITION.—The term ‘‘lobbying con- identity and extent of the efforts of paid lob- tact’’ means any oral or written communica- ference agreement contains a provision byists to influence Federal officials in the which terminates OTA. It is my view tion (including an electronic communica- conduct of Government actions will increase tion) to a covered executive branch official the abolition of such an information public confidence in the integrity of Govern- or a covered legislative branch official that source is really counterproductive and ment. is made on behalf of a client with regard to— the loss of this office will be one we in SEC. 403. DEFINITIONS. (i) the formulation, modification, or adop- the Congress will live to regret. As used in this title: tion of Federal legislation (including legisla- Mr. Speaker, while I support this (1) AGENCY.—The term ‘‘agency’’ has the tive proposals); rule, I will support the proposition of meaning given that term in section 551(1) of (ii) the formulation, modification, or adop- the gentleman from Texas [Mr. BRY- title 5, United States Code. tion of a Federal rule, regulation, Executive (2) CLIENT.—The term ‘‘client’’ means any order, or any other program, policy, or posi- ANT] to defeat the previous question in person or entity that employs or retains an- tion of the United States Government; order to allow the House to consider other person for financial or other compensa- (iii) the administration or execution of a lobby reform and a gift ban. As we all tion to conduct lobbying activities on behalf Federal program or policy (including the ne- know, the Senate has now adopted such of that person or entity. A person or entity gotiation, award, or administration of a Fed- a ban and it is high time that the whose employees act as lobbyists on its own eral contract, grant, loan, permit, or li- House be afforded an opportunity to behalf is both a client and an employer of cense); or vote on this good government issue. such employees. In the case of a coalition or (iv) the nomination or confirmation of a This proposition is identical to the association that employs or retains other person for a position subject to confirmation Senate passed lobby reform and gift persons to conduct lobbying activities, the by the Senate. client is the coalition or association and not (B) EXCEPTIONS.—The term ‘‘lobbying con- ban adapted to apply to House rules. its individual members. tact’’ does not include a communication that The Bryant proposal is not anything (3) COVERED EXECUTIVE BRANCH OFFICIAL.— is— new and different, it is merely an op- The term ‘‘covered executive branch offi- (i) made by a public official acting in the portunity to do for the House what the cial’’ means— public official’s official capacity; September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8557 (ii) made by a representative of a media or- under the Inspector General Act of 1978, or of an entity described in clause (i), (ii), (iii), ganization if the purpose of the communica- under another provision of law; (iv), or (v) of subparagraph (A); tion is gathering and disseminating news and (xviii) made by— (D) an Indian tribe (as defined in section information to the public; (I) a church, its integrated auxiliary, or a 4(e) of the Indian Self-Determination and (iii) made in a speech, article, publication convention or association of churches that is Education Assistance Act (25 U.S.C. 450b(e)); or other material that is distributed and exempt from filing a Federal income tax re- (E) a national or State political party or made available to the public, or through turn under paragraph 2(A)(i) of section any organizational unit thereof; or radio, television, cable television, or other 6033(a) of the Internal Revenue Code of 1986, (F) a national, regional, or local unit of medium of mass communication; or any foreign government. (iv) made on behalf of a government of a (II) a religious order that is exempt from (16) STATE.—The term ‘‘State’’ means each foreign country or a foreign political party filing a Federal income tax return under of the several States, the District of Colum- and disclosed under the Foreign Agents Reg- paragraph (2)(A)(iii) of such section 6033(a); bia, and any commonwealth, territory, or istration Act of 1938 (22 U.S.C. 611 et seq.); and possession of the United States. (v) a request for a meeting, a request for (xix) between— the status of an action, or any other similar (I) officials of a self-regulatory organiza- SEC. 404. REGISTRATION OF LOBBYISTS. tion (as defined in section 3(a)(26) of the Se- administrative request, if the request does (a) REGISTRATION.— curities Exchange Act) that is registered not include an attempt to influence a cov- (1) GENERAL RULE.—No later than 45 days with or established by the Securities and Ex- ered executive branch official or a covered after a lobbyist first makes a lobbying con- change Commission as required by that Act legislative branch official; tact or is employed or retained to make a or a similar organization that is designated (vi) made in the course of participation in lobbying contact, whichever is earlier, such by or registered with the Commodities Fu- an advisory committee subject to the Fed- lobbyist (or, as provided under paragraph (2), ture Trading Commission as provided under eral Advisory Committee Act; the organization employing such lobbyist), the Commodity Exchange Act; and (vii) testimony given before a committee, (II) the Securities and Exchange Commis- shall register with the Secretary of the Sen- subcommittee, or task force of the Congress, sion or the Commodities Future Trading ate and the Clerk of the House of Represent- or submitted for inclusion in the public Commission, respectively; atives. record of a hearing conducted by such com- (2) EMPLOYER FILING.—Any organization mittee, subcommittee, or task force; relating to the regulatory responsibilities of that has 1 or more employees who are lobby- such organization under that Act. (viii) information provided in writing in re- ists shall file a single registration under this (9) LOBBYING FIRM.—The term ‘‘lobbying sponse to an oral or written request by a cov- section on behalf of such employees for each firm’’ means a person or entity that has 1 or ered executive branch official or a covered client on whose behalf the employees act as more employees who are lobbyists on behalf legislative branch official for specific infor- lobbyists. of a client other than that person or entity. mation; (3) EXEMPTION.— The term also includes a self-employed indi- (ix) required by subpoena, civil investiga- (A) GENERAL RULE.—Notwithstanding para- vidual who is a lobbyist. tive demand, or otherwise compelled by stat- graphs (1) and (2), a person or entity whose— (10) LOBBYIST.—The term ‘‘lobbyist’’ means (i) total income for matters related to lob- ute, regulation, or other action of the Con- any individual who is employed or retained bying activities on behalf of a particular cli- gress or an agency; by a client for financial or other compensa- (x) made in response to a notice in the Fed- tion for services that include more than one ent (in the case of a lobbying firm) does not eral Register, Commerce Business Daily, or lobbying contact, other than an individual exceed and is not expected to exceed $5,000; other similar publication soliciting commu- whose lobbying activities constitute less or nications from the public and directed to the than 20 percent of the time engaged in the (ii) total expenses in connection with lob- agency official specifically designated in the services provided by such individual to that bying activities (in the case of an organiza- notice to receive such communications; client over a six month period. tion whose employees engage in lobbying ac- (xi) not possible to report without disclos- (11) MEDIA ORGANIZATION.—The term tivities on its own behalf) do not exceed or ing information, the unauthorized disclosure ‘‘media organization’’ means a person or en- are not expected to exceed $20,000, of which is prohibited by law; tity engaged in disseminating information to (as estimated under section 405) in the semi- (xii) made to an official in an agency with the general public through a newspaper, annual period described in section 405(a) dur- regard to— magazine, other publication, radio, tele- ing which the registration would be made is (I) a judicial proceeding or a criminal or vision, cable television, or other medium of not required to register under subsection (a) civil law enforcement inquiry, investigation, mass communication. with respect to such client. or proceeding; or (12) MEMBER OF CONGRESS.—The term (B) ADJUSTMENT.—The dollar amounts in (II) a filing or proceeding that the Govern- ‘‘Member of Congress’’ means a Senator or a subparagraph (A) shall be adjusted— ment is specifically required by statute or Representative in, or Delegate or Resident (i) on January 1, 1997, to reflect changes in regulation to maintain or conduct on a con- Commissioner to, the Congress. the Consumer Price Index (as determined by fidential basis, (13) ORGANIZATION.—The term ‘‘organiza- the Secretary of Labor) since the date of en- if that agency is charged with responsibility tion’’ means a person or entity other than an actment of this Act; and for such proceeding, inquiry, investigation, individual. (ii) on January 1 of each fourth year occur- or filing; (14) PERSON OR ENTITY.—The term ‘‘person ring after January 1, 1997, to reflect changes (xiii) made in compliance with written or entity’’ means any individual, corpora- in the Consumer Price Index (as determined tion, company, foundation, association, agency procedures regarding an adjudication by the Secretary of Labor) during the pre- labor organization, firm, partnership, soci- conducted by the agency under section 554 of ceding 4-year period, ety, joint stock company, group of organiza- title 5, United States Code, or substantially rounded to the nearest $500. tions, or State or local government. similar provisions; (15) PUBLIC OFFICIAL.—The term ‘‘public of- (b) CONTENTS OF REGISTRATION.—Each reg- (xiv) a written comment filed in the course ficial’’ means any elected official, appointed istration under this section shall contain— of a public proceeding or any other commu- official, or employee of— (1) the name, address, business telephone nication that is made on the record in a pub- (A) a Federal, State, or local unit of gov- number, and principal place of business of lic proceeding; ernment in the United States other than— the registrant, and a general description of (xv) a petition for agency action made in (i) a college or university; its business or activities; writing and required to be a matter of public (ii) a government-sponsored enterprise (as (2) the name, address, and principal place record pursuant to established agency proce- defined in section 3(8) of the Congressional of business of the registrant’s client, and a dures; Budget and Impoundment Control Act of general description of its business or activi- (xvi) made on behalf of an individual with 1974); ties (if different from paragraph (1)); regard to that individual’s benefits, employ- (iii) a public utility that provides gas, elec- (3) the name, address, and principal place ment, or other personal matters involving tricity, water, or communications; of business of any organization, other than only that individual, except that this clause (iv) a guaranty agency (as defined in sec- the client, that— does not apply to any communication with— tion 435(j) of the Higher Education Act of (A) contributes more than $10,000 toward (I) a covered executive branch official, or 1965 (20 U.S.C. 1085(j))), including any affili- the lobbying activities of the registrant in a (II) a covered legislative branch official ate of such an agency; or semiannual period described in section (other than the individual’s elected Members (v) an agency of any State functioning as a 405(a); and of Congress or employees who work under student loan secondary market pursuant to (B) in whole or in major part plans, super- such Members’ direct supervision), section 435(d)(1)(F) of the Higher Education vises, or controls such lobbying activities. with respect to the formulation, modifica- Act of 1965 (20 U.S.C. 1085(d)(1)(F)); (4) the name, address, principal place of tion, or adoption of private legislation for (B) a Government corporation (as defined business, amount of any contribution of the relief of that individual; in section 9101 of title 31, United States more than $10,000 to the lobbying activities (xvii) a disclosure by an individual that is Code); of the registrant, and approximate percent- protected under the amendments made by (C) an organization of State or local elect- age of equitable ownership in the client (if the Whistleblower Protection Act of 1989, ed or appointed officials other than officials any) of any foreign entity that— H 8558 CONGRESSIONAL RECORD — HOUSE September 6, 1995 (A) holds at least 20 percent equitable own- 404(b)(4) in the specific issues listed under ject to a civil fine of not more than $50,000, ership in the client or any organization iden- subparagraph (A). depending on the extent and gravity of the tified under paragraph (3); (3) in the case of a lobbying firm, a good violation. (B) directly or indirectly, in whole or in faith estimate of the total amount of all in- SEC. 408. RULES OF CONSTRUCTION. major part, plans, supervises, controls, di- come from the client (including any pay- (a) CONSTITUTIONAL RIGHTS.—Nothing in rects, finances, or subsidizes the activities of ments to the registrant by any other person this title shall be construed to prohibit or the client or any organization identified for lobbying activities on behalf of the cli- interfere with— under paragraph (3); or ent) during the semiannual period, other (1) the right to petition the government for (C) is an affiliate of the client or any orga- than income for matters that are unrelated the redress of grievances; nization identified under paragraph (3) and to lobbying activities; and (2) the right to express a personal opinion; has a direct interest in the outcome of the (4) in the case of a registrant engaged in or lobbying activity; lobbying activities on its own behalf, a good (3) the right of association, (5) a statement of— faith estimate of the total expenses that the protected by the first amendment to the (A) the general issue areas in which the registrant and its employees incurred in con- Constitution. registrant expects to engage in lobbying ac- nection with lobbying activities during the (b) PROHIBITION OF ACTIVITIES.—Nothing in tivities on behalf of the client; and semiannual filing period. this title shall be construed to prohibit, or to (B) to the extent practicable, specific is- (c) ESTIMATES OF INCOME OR EXPENSES.— authorize any court to prohibit, lobbying ac- sues that have (as of the date of the registra- For purposes of this section, estimates of in- tivities or lobbying contacts by any person tion) already been addressed or are likely to come or expenses shall be made as follows: or entity, regardless of whether such person be addressed in lobbying activities; and (1) Estimates of amounts in excess of or entity is in compliance with the require- (6) the name of each employee of the reg- $10,000 shall be rounded to the nearest ments of this title. istrant who has acted or whom the reg- $20,000. (c) AUDIT AND INVESTIGATIONS.—Nothing in istrant expects to act as a lobbyist on behalf (2) In the event income or expenses do not this title shall be construed to grant general of the client and, if any such employee has exceed $10,000, the registrant shall include a audit or investigative authority to the Sec- served as a covered executive branch official statement that income or expenses totaled retary of the Senate or the Clerk of the or a covered legislative branch official in the less than $10,000 for the reporting period. House of Representatives. 2 years before the date on which such em- (3) A registrant that reports lobbying ex- SEC. 409. AMENDMENTS TO THE FOREIGN ployee first acted (after the date of enact- penditures pursuant to section 6033(b)(8) of ment of this Act) as a lobbyist on behalf of AGENTS REGISTRATION ACT. the Internal Revenue Code of 1986 may sat- The Foreign Agents Registration Act of the client, the position in which such em- isfy the requirement to report income or ex- ployee served. 1938 (22 U.S.C. 611 et seq.) is amended— penses by filing with the Secretary of the (1) in section 1— (c) GUIDELINES FOR REGISTRATION.— Senate and the Clerk of the House of Rep- (1) MULTIPLE CLIENTS.—In the case of a reg- (A) by striking subsection (j); resentatives a copy of the form filed in ac- (B) in subsection (o) by striking ‘‘the dis- istrant making lobbying contacts on behalf cordance with section 6033(b)(8). of more than 1 client, a separate registration semination of political propaganda and any SEC. 406. DISCLOSURE AND ENFORCEMENT. under this section shall be filed for each such other activity which the person engaging The Secretary of the Senate and the Clerk client. therein believes will, or which he intends to, of the House of Representatives shall— (2) MULTIPLE CONTACTS.—A registrant who prevail upon, indoctrinate, convert, induce, (1) provide guidance and assistance on the makes more than 1 lobbying contact for the persuade, or in any other way influence’’ and same client shall file a single registration registration and reporting requirements of inserting ‘‘any activity that the person en- covering all such lobbying contacts. this title and develop common standards, gaging in believes will, or that the person in- (d) TERMINATION OF REGISTRATION.—A reg- rules, and procedures for compliance with tends to, in any way influence’’; istrant who after registration— this title; (C) in subsection (p) by striking the semi- (1) is no longer employed or retained by a (2) review, and, where necessary, verify and colon and inserting a period; and client to conduct lobbying activities, and inquire to ensure the accuracy, complete- (D) by striking subsection (q); (2) does not anticipate any additional lob- ness, and timeliness of registration and re- (2) in section 3(g) (22 U.S.C. 613(g)), by bying activities for such client, ports; striking ‘‘established agency proceedings, may so notify the Secretary of the Senate (3) develop filing, coding, and cross-index- whether formal or informal.’’ and inserting and the Clerk of the House of Representa- ing systems to carry out the purpose of this ‘‘judicial proceedings, criminal or civil law tives and terminate its registration. title, including— enforcement inquiries, investigations, or (A) a publicly available list of all reg- SEC. 405. REPORTS BY REGISTERED LOBBYISTS. proceedings, or agency proceedings required istered lobbyists, lobbying firms, and their (a) SEMIANNUAL REPORT.—No later than 45 by statute or regulation to be conducted on days after the end of the semiannual period clients; and the record.’’; beginning on the first day of each January (B) computerized systems designed to min- (3) in section 3 (22 U.S.C. 613) by adding at and the first day of July of each year in imize the burden of filing and maximize pub- the end the following: which a registrant is registered under sec- lic access to materials filed under this title; ‘‘(h) Any agent of a person described in sec- tion 404, each registrant shall file a report (4) make available for public inspection tion 1(b)(2) or an entity described in section with the Secretary of the Senate and the and copying at reasonable times the reg- 1(b)(3) if the agent is required to register and Clerk of the House of Representatives on its istrations and reports filed under this title; does register under the Lobbying Disclosure lobbying activities during such semiannual (5) retain registrations for a period of at Act of 1995 in connection with the agent’s period. A separate report shall be filed for least 6 years after they are terminated and representation of such person or entity.’’; each client of the registrant. reports for a period of at least 6 years after (4) in section 4(a) (22 U.S.C. 614(a))— (b) CONTENTS OF REPORT.—Each semi- they are filed; (A) by striking ‘‘political propaganda’’ and annual report filed under subsection (a) shall (6) compile and summarize, with respect to inserting ‘‘informational materials’’; and contain— each semiannual period, the information (B) by striking ‘‘and a statement, duly (1) the name of the registrant, the name of contained in registrations and reports filed signed by or on behalf of such an agent, set- the client, and any changes or updates to the with respect to such period in a clear and ting forth full information as to the places, information provided in the initial registra- complete manner; times, and extent of such transmittal’’; tion; (7) notify any lobbyist or lobbying firm in (5) in section 4(b) (22 U.S.C. 614(b))— (2) for each general issue area in which the writing that may be in noncompliance with (A) in the matter preceding clause (i), by registrant engaged in lobbying activities on this title; and striking ‘‘political propaganda’’ and insert- behalf of the client during the semiannual (8) notify the United States Attorney for ing ‘‘informational materials’’; and filing period— the District of Columbia that a lobbyist or (B) by striking ‘‘(i) in the form of prints, (A) a list of the specific issues upon which lobbying firm may be in noncompliance with or’’ and all that follows through the end of a lobbyist employed by the registrant en- this title, if the registrant has been notified the subsection and inserting ‘‘without plac- gaged in lobbying activities, including, to in writing and has failed to provide an appro- ing in such informational materials a con- the maximum extent practicable, a list of priate response within 60 days after notice spicuous statement that the materials are bill numbers and references to specific exec- was given under paragraph (6). distributed by the agent on behalf of the for- utive branch actions; SEC. 407. PENALTIES. eign principal, and that additional informa- (B) a statement of the Houses of Congress Whoever knowingly fails to— tion is on file with the Department of Jus- and the Federal agencies contacted by lobby- (1) remedy a defective filing within 60 days tice, Washington, District of Columbia. The ists employed by the registrant on behalf of after notice of such a defect by the Secretary Attorney General may by rule define what the client; of the Senate or the Clerk of the House of constitutes a conspicuous statement for the (C) a list of the employees of the registrant Representatives; or purposes of this subsection.’’; who acted as lobbyists on behalf of the cli- (2) comply with any other provision of this (6) in section 4(c) (22 U.S.C. 614(c)), by ent; and title; striking ‘‘political propaganda’’ and insert- (D) a description of the interest, if any, of shall, upon proof of such knowing violation ing ‘‘informational materials’’; any foreign entity identified under section by a preponderance of the evidence, be sub- (7) in section 6 (22 U.S.C. 616)— September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8559 (A) in subsection (a) by striking ‘‘and all Act of 1980 (22 U.S.C. 4002(c)) is amended by thorized by subsection (a) or (b) for reporting statements concerning the distribution of inserting ‘‘or a lobbyist for a foreign entity or threshold purposes shall— political propaganda’’; (as defined in section 3(7) of the Lobbying (1) inform the Secretary of the Senate and (B) in subsection (b) by striking ‘‘, and one Disclosure Act of 1995)’’ after ‘‘an agent of a the Clerk of the House of Representatives copy of every item of political propaganda’’; foreign principal (as defined by section 1(b) that the registrant has elected to make its and of the Foreign Agents Registration Act of estimates under such procedures; and (C) in subsection (c) by striking ‘‘copies of 1938)’’. (2) make all such estimates, in a given cal- political propaganda,’’; SEC. 413. IDENTIFICATION OF CLIENTS AND COV- endar year, under such procedures. (8) in section 8 (22 U.S.C. 618)— ERED OFFICIALS. (d) STUDY.—Not later than March 31, 1997, (A) in subsection (a)(2) by striking ‘‘or in (a) ORAL LOBBYING CONTACTS.—Any person the Comptroller General of the United States any statement under section 4(a) hereof con- or entity that makes an oral lobbying con- shall review reporting by registrants under cerning the distribution of political propa- tact with a covered legislative branch offi- subsections (a) and (b) and report to the Con- ganda’’; and cial or a covered executive branch official gress— (B) by striking subsection (d); and shall, on the request of the official at the (1) the differences between the definition of (9) in section 11 (22 U.S.C. 621) by striking time of the lobbying contact— ‘‘lobbying activities’’ in section 403(7) and ‘‘, including the nature, sources, and content (1) state whether the person or entity is the definitions of ‘‘lobbying expenditures’’, of political propaganda disseminated or dis- registered under this Act and identify the ‘‘influencing legislation’’, and related terms tributed’’. client on whose behalf the lobbying contact in sections 162(e) and 4911 of the Internal SEC. 410. AMENDMENTS TO THE BYRD AMEND- is made; and Revenue Code of 1986, as each are imple- MENT. (2) state whether such client is a foreign mented by regulations; (a) REVISED CERTIFICATION REQUIRE- entity and identify any foreign entity re- (2) the impact that any such differences MENTS.—Section 1352(b) of title 31, United quired to be disclosed under section 404(b)(4) may have on filing and reporting under this States Code, is amended— that has a direct interest in the outcome of Act pursuant to this subsection; and (1) in paragraph (2) by striking subpara- the lobbying activity. (3) any changes to this Act or to the appro- graphs (A), (B), and (C) and inserting the fol- (b) WRITTEN LOBBYING CONTACTS.—Any per- priate sections of the Internal Revenue Code lowing: son or entity registered under this Act that of 1986 that the Comptroller General may ‘‘(A) the name of any registrant under the makes a written lobbying contact (including recommend to harmonize the definitions. Lobbying Disclosure Act of 1995 who has an electronic communication) with a covered SEC. 415. SEVERABILITY. made lobbying contacts on behalf of the per- legislative branch official or a covered exec- If any provision of this title, or the appli- son with respect to that Federal contract, utive branch official shall— cation thereof, is held invalid, the validity of grant, loan, or cooperative agreement; and (1) if the client on whose behalf the lobby- the remainder of this title and the applica- ‘‘(B) a certification that the person making ing contact was made is a foreign entity, tion of such provision to other persons and the declaration has not made, and will not identify such client, state that the client is circumstances shall not be affected thereby. make, any payment prohibited by subsection considered a foreign entity under this Act, SEC. 416. EFFECTIVE DATES. (a).’’; and state whether the person making the (a) Except as otherwise provided in this (2) in paragraph (3) by striking all that fol- lobbying contact is registered on behalf of section, this title and the amendments made lows ‘‘loan shall contain’’ and inserting ‘‘the that client under section 4; and by this title shall take effect, and shall be ef- name of any registrant under the Lobbying (2) identify any other foreign entity identi- fective with respect to calendar years begin- Disclosure Act of 1995 who has made lobby- fied pursuant to section 404(b)(4) that has a ning on, January 1, 1996. ing contacts on behalf of the person in con- direct interest in the outcome of the lobby- (b) The repeals and amendments made nection with that loan insurance or guaran- ing activity. under sections 409, 410, and 411 shall take ef- tee.’’; and (c) IDENTIFICATION AS COVERED OFFICIAL.— fect as provided under subsection (a), except (3) by striking paragraph (6) and redesig- Upon request by a person or entity making a that such repeals and amendments— nating paragraph (7) as paragraph (6). lobbying contact, the individual who is con- (1) shall not affect any proceeding or suit (b) REMOVAL OF OBSOLETE REPORTING RE- tacted or the office employing that individ- commenced before the effective date under QUIREMENT.—Section 1352 of title 31, United ual shall indicate whether or not the individ- subsection (a), and in all such proceedings or States Code, is further amended— ual is a covered legislative branch official or suits, proceedings shall be had, appeals (1) by striking subsection (d); and a covered executive branch official. taken, and judgments rendered in the same (2) by redesignating subsections (e), (f), (g), manner and with the same effect as if this and (h) as subsections (d), (e), (f), and (g), re- SEC. 414. ESTIMATES BASED ON TAX REPORTING SYSTEM. Act had not been enacted; and spectively. (a) ENTITIES COVERED BY SECTION 6033(b) OF (2) shall not affect the requirements of SEC. 411. REPEAL OF CERTAIN LOBBYING PROVI- THE NTERNAL EVENUE ODE OF Federal agencies to compile, publish, and re- SIONS. I R C 1986.—A reg- istrant that is required to report and does re- tain information filed or received before the (a) REPEAL OF THE FEDERAL REGULATION OF port lobbying expenditures pursuant to sec- effective date of such repeals and amend- LOBBYING ACT.—The Federal Regulation of ments. Lobbying Act (2 U.S.C. 261 et seq.) is re- tion 6033(b)(8) of the Internal Revenue Code TITLE V—CONGRESSIONAL GIFT RULES pealed. of 1986 may— (b) REPEAL OF PROVISIONS RELATING TO (1) make a good faith estimate (by cat- SEC. 501. AMENDMENT TO HOUSE RULES. HOUSING LOBBYIST ACTIVITIES.— egory of dollar value) of applicable amounts Clause 4 of rule XLIII of the Rules of the (1) Section 13 of the Department of Hous- that would be required to be disclosed under House of Representatives is amended to read ing and Urban Development Act (42 U.S.C. such section for the appropriate semiannual as follows: 3537b) is repealed. period to meet the requirements of sections ‘‘4. (a)(1) No Member, officer, or employee (2) Section 536(d) of the Housing Act of 1949 404(a)(3), 405(a)(2), and 405(b)(4); and of the House of Representatives shall know- (42 U.S.C. 1490p(d)) is repealed. (2) in lieu of using the definition of ‘‘lobby- ingly accept a gift except as provided in this SEC. 412. CONFORMING AMENDMENTS TO OTHER ing activities’’ in section 3(8) of this Act, rule. STATUTES. consider as lobbying activities only those ac- ‘‘(2) A Member, officer, or employee may (a) AMENDMENT TO COMPETITIVENESS POL- tivities that are influencing legislation as accept a gift (other than cash or cash equiva- ICY COUNCIL ACT.—Section 5206(e) of the defined in section 4911(d) of the Internal Rev- lent) which the Member, officer, or employee Competitiveness Policy Council Act (15 enue Code of 1986. reasonably and in good faith believes to have U.S.C. 4804(e)) is amended by inserting ‘‘or a (b) ENTITIES COVERED BY SECTION 162(e) OF a value of less than $50, and a cumulative lobbyist for a foreign entity (as the terms THE INTERNAL REVENUE CODE OF 1986.—A reg- value from one source during a calendar year ‘lobbyist’ and ‘foreign entity’ are defined istrant that is subject to section 162(e) of the of less than $100. No gift with a value below under section 3 of the Lobbying Disclosure Internal Revenue Code of 1986 may— $10 shall count toward the $100 annual limit. Act of 1995)’’ after ‘‘an agent for a foreign (1) make a good faith estimate (by cat- No formal recordkeeping is required by this principal’’. egory of dollar value) of applicable amounts paragraph, but a Member, officer, or em- (b) AMENDMENTS TO TITLE 18, UNITED that would not be deductible pursuant to ployee shall make a good faith effort to com- STATES CODE.—Section 219(a) of title 18, such section for the appropriate semiannual ply with this paragraph. United States Code, is amended— period to meet the requirements of sections ‘‘(b)(1) For the purpose of this rule, the (1) by inserting ‘‘or a lobbyist required to 404(a)(3), 405(a)(2), and 405(b)(4); and term ‘gift’ means any gratuity, favor, dis- register under the Lobbying Disclosure Act (2) in lieu of using the definition of ‘‘lobby- count, entertainment, hospitality, loan, for- of 1995 in connection with the representation ing activities’’ in section 403(7) of this Act, bearance, or other item having monetary of a foreign entity, as defined in section 3(7) consider as lobbying activities only those ac- value. The term includes gifts of services, of that Act’’ after ‘‘an agent of a foreign tivities, the costs of which are not deductible training, transportation, lodging, and meals, principal required to register under the For- pursuant to section 162(e) of the Internal whether provided in kind, by purchase of a eign Agents Registration Act of 1938’’; and Revenue Code of 1986. ticket, payment in advance, or reimburse- (2) by striking out ‘‘, as amended,’’. (c) DISCLOSURE OF ESTIMATE.—Any reg- ment after the expense has been incurred. (c) AMENDMENT TO FOREIGN SERVICE ACT OF istrant that elects to make estimates re- ‘‘(2)(A) A gift to a family member of a 1980.—Section 602(c) of the Foreign Service quired by this Act under the procedures au- Member, officer, or employee, or a gift to H 8560 CONGRESSIONAL RECORD — HOUSE September 6, 1995 any other individual based on that individ- ‘‘(C) provided by a political organization and which is intended solely for presen- ual’s relationship with the Member, officer, described in section 527(e) of the Internal tation. or employee, shall be considered a gift to the Revenue Code of 1986 in connection with a ‘‘(21) Anything for which, in an unusual Member, officer, or employee if it is given fundraising or campaign event sponsored by case, a waiver is granted by the Committee with the knowledge and acquiescence of the such an organization. on Standards of Official Conduct. Member, officer, or employee and the Mem- ‘‘(8) Pension and other benefits resulting ‘‘(22) Food or refreshments of a nominal ber, officer, or employee has reason to be- from continued participation in an employee value offered other than as a part of a meal. lieve the gift was given because of the offi- welfare and benefits plan maintained by a ‘‘(23) An item of little intrinsic value such cial position of the Member, officer, or em- former employer. as a greeting card, baseball cap, or a T-shirt. ployee. ‘‘(9) Informational materials that are sent ‘‘(d)(1) A Member, officer, or employee may ‘‘(B) If food or refreshment is provided at to the office of the Member, officer, or em- accept an offer of free attendance at a widely the same time and place to both a Member, ployee in the form of books, articles, periodi- attended convention, conference, sympo- officer, or employee and the spouse or de- cals, other written materials, audiotapes, sium, forum, panel discussion, dinner, view- pendent thereof, only the food or refresh- videotapes, or other forms of communica- ing, reception, or similar event, provided by ment provided to the Member, officer, or em- tion. the sponsor of the event, if— ployee shall be treated as a gift for purposes ‘‘(10) Awards or prizes which are given to ‘‘(A) the Member, officer, or employee par- of this rule. competitors in contests or events open to the ticipates in the event as a speaker or a panel ‘‘(c) The restrictions in subparagraph (a) public, including random drawings. participant, by presenting information relat- shall not apply to the following: ‘‘(11) Honorary degrees (and associated ed to Congress or matters before Congress, or ‘‘(1) Anything for which the Member, offi- travel, food, refreshments, and entertain- by performing a ceremonial function appro- cer, or employee pays the market value, or ment) and other bona fide, nonmonetary priate to the Member’s, officer’s, or employ- does not use and promptly returns to the awards presented in recognition of public ee’s official position; or donor. service (and associated food, refreshments, ‘‘(B) attendance at the event is appropriate ‘‘(2) A contribution, as defined in the Fed- and entertainment provided in the presen- to the performance of the official duties or eral Election Campaign Act of 1971 (2 U.S.C. tation of such degrees and awards). representative function of the Member, offi- 431 et seq.) that is lawfully made under that ‘‘(12) Donations of products from the State cer, or employee. ‘‘(2) A Member, officer, or employee who Act, or attendance at a fundraising event that the Member represents that are in- attends an event described in clause (1) may sponsored by a political organization de- tended primarily for promotional purposes, accept a sponsor’s unsolicited offer of free scribed in section 527(e) of the Internal Reve- such as display or free distribution, and are attendance at the event for an accompanying nue Code of 1986. of minimal value to any individual recipient. individual if others in attendance will gen- ‘‘(3) A gift from a relative as described in ‘‘(13) Training (including food and refresh- erally be similarly accompanied or if such section 107(2) of title I of the Ethics in Gov- ments furnished to all attendees as an inte- attendance is appropriate to assist in the ernment Act of 1978 (Public Law 95–521). gral part of the training) provided to a Mem- representation of the House of Representa- ‘‘(4)(A) Anything provided by an individual ber, officer, or employee, if such training is tives. on the basis of a personal friendship unless in the interest of the House of Representa- ‘‘(3) A Member, officer, or employee, or the the Member, officer, or employee has reason tives. spouse or dependent thereof, may accept a to believe that, under the circumstances, the ‘‘(14) Bequests, inheritances, and other sponsor’s unsolicited offer of free attendance gift was provided because of the official posi- transfers at death. at a charity event, except that reimburse- tion of the Member, officer, or employee and ‘‘(15) Any item, the receipt of which is au- ment for transportation and lodging may not not because of the personal friendship. thorized by the Foreign Gifts and Decora- be accepted in connection with an event that ‘‘(B) In determining whether a gift is pro- tions Act, the Mutual Educational and Cul- does not meet the standards provided in vided on the basis of personal friendship, the tural Exchange Act, or any other statute. paragraph 2. Member, officer, or employee shall consider ‘‘(16) Anything which is paid for by the ‘‘(4) For purposes of this paragraph, the the circumstances under which the gift was Federal Government, by a State or local gov- term ‘free attendance’ may include waiver of offered, such as: ernment, or secured by the Government all or part of a conference or other fee, the ‘‘(i) The history of the relationship be- under a Government contract. provision of local transportation, or the pro- tween the individual giving the gift and the ‘‘(17) A gift of personal hospitality (as de- vision of food, refreshments, entertainment, recipient of the gift, including any previous fined in section 109(14) of the Ethics in Gov- and instructional materials furnished to all exchange of gifts between such individuals. ernment Act) of an individual other than a attendees as an integral part of the event. ‘‘(ii) Whether to the actual knowledge of registered lobbyist or agent of a foreign prin- The term does not include entertainment the Member, officer, or employee the individ- cipal. collateral to the event, nor does it include ual who gave the gift personally paid for the ‘‘(18) Free attendance at a widely attended food or refreshments taken other than in a gift or sought a tax deduction or business re- event permitted pursuant to subparagraph group setting with all or substantially all imbursement for the gift. (d). other attendees. ‘‘(iii) Whether to the actual knowledge of ‘‘(19) Opportunities and benefits which ‘‘(e) No Member, officer, or employee may the Member, officer, or employee the individ- are— accept a gift the value of which exceeds $250 ual who gave the gift also at the same time ‘‘(A) available to the public or to a class on the basis of the personal friendship excep- gave the same or similar gifts to other Mem- consisting of all Federal employees, whether tion in subparagraph (c)(4) unless the Com- bers, officers, or employees. or not restricted on the basis of geographic mittee on Standards of Official Conduct is- ‘‘(5) Except as provided in paragraph 3(c), a consideration; sues a written determination that such ex- contribution or other payment to a legal ex- ‘‘(B) offered to members of a group or class ception applies. No determination under this pense fund established for the benefit of a in which membership is unrelated to con- subparagraph is required for gifts given on Member, officer, or employee, that is other- gressional employment; the basis of the family relationship excep- wise lawfully made, if the person making the ‘‘(C) offered to members of an organization, tion. contribution or payment is identified for the such as an employees’ association or con- ‘‘(f) When it is not practicable to return a Committee of Standards of Official Conduct gressional credit union, in which member- tangible item because it is perishable, the and complies with other disclosure require- ship is related to congressional employment item may, at the discretion of the recipient, ments established by such Committee. and similar opportunities are available to be given to an appropriate charity or de- ‘‘(6) Any gift from another Member, officer, large segments of the public through organi- stroyed. or employee of the Senate or the House of zations of similar size; ‘‘2. (a)(1) A reimbursement (including pay- Representatives. ‘‘(D) offered to any group or class that is ment in kind) to a Member, officer, or em- ‘‘(7) Food, refreshments, lodging, and other not defined in a manner that specifically dis- ployee from an individual other than a reg- benefits— criminates among Government employees on istered lobbyist or agent of a foreign prin- ‘‘(A) resulting from the outside business or the basis of branch of Government or type of cipal for necessary transportation, lodging employment activities (or other outside ac- responsibility, or on a basis that favors those and related expenses for travel to a meeting, tivities that are not connected to the duties of higher rank or rate of pay; speaking engagement, factfinding trip or of the Member, officer, or employee as an of- ‘‘(E) in the form of loans from banks and similar event in connection with the duties ficeholder) of the Member, officer, or em- other financial institutions on terms gen- of the Member, officer, or employee as an of- ployee, or the spouse of the Member, officer, erally available to the public; or ficeholder shall be deemed to be a reimburse- or employee, if such benefits have not been ‘‘(F) in the form of reduced membership or ment to the House of Representatives and offered or enhanced because of the official other fees for participation in organization not a gift prohibited by this rule, if the position of the Member, officer, or employee activities offered to all Government employ- Member, officer, or employee— and are customarily provided to others in ees by professional organizations if the only ‘‘(A) in the case of an employee, receives similar circumstances; restrictions on membership relate to profes- advance authorization, from the Member or ‘‘(B) customarily provided by a prospective sional qualifications. officer under whose direct supervision the employer in connection with bona fide em- ‘‘(20) A plaque, trophy, or other item that employee works, to accept reimbursement, ployment discussions; or is substantially commemorative in nature and September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8561 ‘‘(B) discloses the expenses reimbursed or proved in advance by the Committee on ‘‘4. (a) A charitable contribution (as de- to be reimbursed and the authorization to Standards of Official Conduct; fined in section 170(c) of the Internal Reve- the Clerk of the House of Representatives ‘‘(2) is limited to reasonable expenditures nue Code of 1986) made by a registered lobby- within 30 days after the travel is completed. for transportation, lodging, conference fees ist or an agent of a foreign principal in lieu ‘‘(2) For purposes of clause (1), events, the and materials, and food and refreshments, of an honorarium to a Member, officer, or activities of which are substantially rec- including reimbursement for necessary employee shall not be considered a gift under reational in nature, shall not be considered transportation, whether or not such trans- this rule if it is reported as provided in sub- to be in connection with the duties of a portation occurs within the periods described paragraph (b). Member, officer, or employee as an office- in clause (1); ‘‘(b) A Member, officer, or employee who holder. ‘‘(3) does not include expenditures for rec- designates or recommends a contribution to ‘‘(b) Each advance authorization to accept reational activities, not roes it include en- a charitable organization in lieu of honoraria reimbursement shall be signed by the Mem- tertainment other than that provided to all described in subparagraph (a) shall report ber or officer under whose direct supervision attendees as an integral part of the event, within 30 days after such designation or rec- the employee works and shall include— except for activities or entertainment other- ommendation to the Clerk of the House of ‘‘(1) the name of the employee; wise permissible under this rule; and Representatives— ‘‘(2) the name of the person who will make ‘‘(4) may include travel expenses incurred ‘‘(1) the name and address of the registered the reimbursement; on behalf of either the spouse or a child of lobbyist who is making the contribution in ‘‘(3) the time, place, and purpose of the the Member, officer, or employee, subject to lieu of honoraria; travel; and a determination signed by the Member or of- ‘‘(2) the date and amount of the contribu- ‘‘(4) a determination that the travel is in ficer (or in the case of an employee, the tion; and connection with the duties of the employee Member or officer under whose direct super- ‘‘(3) the name and address of the charitable as an officeholder and would not create the vision the employee works) that the attend- organization designated or recommended by appearance that the employee is using public ance of the spouse or child is appropriate to the Member. office for private gain. ‘‘(c) Each disclosure made under subpara- assist in the representation of the House of The Clerk of the House of Representatives graph (a)(1) of expenses reimbursed or to be Representatives. shall make public information received pur- reimbursed shall be signed by the Member or ‘‘(e) The Clerk of the House of Representa- suant to this subparagraph as soon as pos- officer (in the case of travel by that Member tives shall make available to the public all sible after it is received. or officer) or by the Member or officer under advance authorizations and disclosures of re- ‘‘5. For purposes of this rule— whose direct supervision the employee works imbursement filed pursuant to subparagraph ‘‘(a) the term ‘registered lobbyist’ means a (in the case of travel by an employee) and (a) as soon as possible after they are re- lobbyist registered under the Federal Regu- shall include— ceived. lation of Lobbying Act or any successor stat- ‘‘(1) a good faith estimate of total trans- ‘‘3. A gift prohibited by paragraph 1(a) in- ute; and portation expenses reimbursed or to be reim- cludes the following: ‘‘(b) the term ‘agent of a foreign principal’ bursed; ‘‘(a) Anything provided by a registered lob- means an agent of a foreign principal reg- ‘‘(2) a good faith estimate of total lodging byist or an agent of a foreign principal to an istered under the Foreign Agents Registra- expenses reimbursed or to be reimbursed; entity that is maintained or controlled by a tion Act. ‘‘(3) a good faith estimate of total meal ex- Member, officer, or employee. ‘‘6. All the provisions of this rule shall be penses reimbursed or to be reimbursed; ‘‘(b) A charitable contribution (as defined interpreted and enforced solely by the Com- ‘‘(4) a good faith estimate of the total of in section 170(c) of the Internal Revenue mittee on Standards of Official Conduct. The other expenses reimbursed or to be reim- Code of 1986) made by a registered lobbyist or Committee on Standards of Official Conduct bursed; an agent of a foreign principal on the basis of is authorized to issue guidance on any mat- ‘‘(5) a determination that all such expenses a designation, recommendation, or other ter contained in this rule.’’. are necessary transportation, lodging, and specification of a Member, officer, or em- SEC. 502. EFFECTIVE DATE. related expenses as defined in this para- ployee (not including a mass mailing or The amendments made by this title shall graph; and other solicitation directed to a broad cat- take effect, and shall be effective with re- ‘‘(6) in the case of a reimbursement to a egory of persons or entities), other than a spect to calendar years beginning on, Janu- Member or officer, a determination that the charitable contribution permitted by para- ary 1, 1996. travel was in connection with the duties of graph 4. the Member or officer as an officeholder and ‘‘(c) A contribution or other payment by a Mr. Speaker, I want to thank both would not create the appearance that the registered lobbyist or an agent of a foreign the chairman and ranking member of Member or officer is using public office for principal to a legal expense fund established the Legislative Branch Subcommittee private gain. for the benefit of a Member, officer, or em- for their very hard work on this bill. I ‘‘(d) For the purposes of this paragraph, ployee. know their task has been very difficult; the term ‘necessary transportation, lodging, ‘‘(d) A financial contribution or expendi- I only hope that the cuts made to the and related expenses’— ture made by a registered lobbyist or an operations of the Congress will not, in ‘‘(1) includes reasonable expenses that are agent of a foreign principal relating to a con- necessary for travel for a period not exceed- ference, retreat, or similar event, sponsored the long-run, inhibit our ability to do ing 3 days exclusive of travel time within the by or affiliated with an official congressional the people’s business. United States or 7 days exclusive of travel organization, for or on behalf of Members, of- I include the following additional time outside of the United States unless ap- ficers, or employees. material for the RECORD. FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germane- ness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order 1D. the Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H 8562 CONGRESSIONAL RECORD — HOUSE September 6, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production H. Res. 146 Open ...... N/A. Facility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without N/A. the Physical Desecration of the American Flag. instructions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute N/A. as original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title.. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 1977 *Rule Defeated* . Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority. H.R. 1977 ...... Interior Appropriations ...... H.Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 N/A. of rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority. September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8563 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority.. *RULE AMENDED* H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min), ...... if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title. * Contract Bills, 67% restrictive; 33% open. ** All legislation, 58% restrictive; 42% open. *** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. Speaker, I reserve the balance of 10, chapter 28, section 17.3, 17.4, and b 1615 my time. 17.5. Mr. FROST. Mr. Speaker, I yield my- Mr. DIAZ-BALART. Mr. Speaker, I The precedents are clear on this. The self such time as I may consume. yield such time as he may consume to minority knows this is the case. They Mr. Speaker, some people viewing the distinguished gentleman from New tried this same ploy back on March this proceeding, Members listening in York [Mr. SOLOMON], chairman of the 30th of this year on H.R. 831, the bill the Chamber, certainly are aware that Committee on Rules. providing a health insurance tax deduc- the United We Stand organization had Mr. SOLOMON. Mr. Speaker, I thank tion for the self-employed. a meeting during the break in my the gentleman from Miami, FL for We got an advisory reading from the hometown of Dallas, TX. I went to that yielding me this time. Ordinarily I Parliamentarians at that time, just as meeting and I had to regretfully tell would not take the time of this House we have on this occasion. That reading the members of that organization that to speak on a rather routine rule that is that this is a nongermane substitute the majority leadership in the House of simply allows us to consider a con- rule—plain and simple. Representatives was stonewalling on ference report. And yet the minority Democrats still the lobby reform issue, would not let However, I feel compelled to do so be- insist on going through these meaning- us bring it up for a vote. I regretted cause the minority is trying to convert less procedural hoops that will get that I had to communicate that to this rule debate into something that it them absolutely nowhere. This is not them. is not, should not be, and cannot be just an exercise in futility. It is a polit- We tried to offer this on the first day under the rules of this House. ical sham, a partisan charade, and a of the session, and we were prevented What the minority is proposing is hollow gesture—all signifying nothing. from offering this in January. I tried to that we defeat the previous question so Moreover, by pursuing a procedural offer this in the Committee on Rules, that we can consider a nongermane strategy that is clearly in violation of waiving points of order, so that it substitute rule. House rules and therefore cannot suc- clearly would have been in order, and I It is just that simple, it is just that ceed under any circumstances, the mi- was voted down on a strict partisan ridiculous, it is just that outrageous, nority Democrats are engaging in a vote in the Committee on Rules. and it is just that futile. cynical ploy by pretending to do some- Mr. Speaker, my only point is that The rule before us simply waives thing they know they cannot do. the majority leadership in the House points of order against the conference Mr. Speaker, it is high time that we does not want this issue to come up, report on the legislative branch appro- blew that whistle on such tactics as will not permit the lobbying gift ban to priations bill. knowingly and willfully attempting to come up, and it is very unfortunate and The rule the minority Democrats mislead the American people. I regretted that I had to inform the would like to offer if they defeat the In conclusion, Mr. Speaker, the pro- United We Stand organization of that. previous question would do much more posed substitute rule the minority Mr. Speaker, I reserve the balance of than that. It would deem the con- would like to offer is nongermane on my time. ference report to be rejected and would two counts. First, it attempts to make Mr. DIAZ-BALART. Mr. Speaker, I then make it in order to take the in order a nongermane procedure; and yield 2 minutes to the gentleman from House-passed bill from the Speaker’s second, it attempts to make in order a California [Mr. PACKARD], the distin- table with Senate amendments thereto, nongermane amendment under that guished subcommittee chairman. and substitute the conference language nongermane procedure. Mr. PACKARD. Mr. Speaker, I want with further amendments—one of Being knowingly guilty on one count to thank the gentleman from Florida which is completely nongermane to is shameful; being knowingly guilty on for yielding time to me. that conference language. two counts is downright sham-ful and Mr. Speaker, I will take time during But even if the additional language deserves to be punished by the over- the debate on the conference report it- were germane to the conference report, whelming adoption of the previous self to explain the bill, so I do not in- the substitute rule itself is non-ger- question on this rule. tend to do that at this time. I simply mane to the reported rule because it I just want to commend the chair- want to respond to the effort that is goes beyond waiving points of order on man and the subcommittee chairman being made to put the gift ban issue the conference report—it attempts to of the Committee on Appropriations onto this conference report. provide for the consideration of an- for bringing this bill to the floor be- Mr. Speaker, the gift ban issue is a other matter by another procedure. cause it does set the example for this very serious issue. It certainly de- In other words, even if the minority Congress with all the other agencies, mands and deserves a great deal of de- were to succeed in defeating the pre- bureaus, departments of the Federal bate. To put anything of this con- vious question, there substitute rule Government that are going to have to sequence, which consists of 51 pages of would be ruled out of order on a ger- tighten their belt. We are doing it. legislation into the confines of a very maneness point or order. With our help we expect the rest of the limited debate during this conference It is not germane to a rule waiving agencies to live up to the same thing so report would be an absolute mistake. It points of order to provide for the con- we can deal with the most important ought to stand on its own; it ought to sideration of another matter using an- problem facing this Nation, and that is be debated on its own. It certainly other procedure. the terrible deficit that is literally should not be put on as a rider to a And here I cite Cannon’s Precedents, turning this Nation into a bankrupt conference report that has 1 hour of de- volume 8, section 2956; Hinds’ Prece- debtor nation. bate on the rule and 1 hour of debate on dents, volume 5, sections 5834–36; and Mr. Speaker, I urge passage of the the report itself. It is an issue of such Deschler-Brown’s Precedents, volume previous question and the rule. great consequence that it ought to H 8564 CONGRESSIONAL RECORD — HOUSE September 6, 1995 have much more than that. So I would 4,000 of the estimated 13,500 known So this is a symbolic victory for the Repub- strongly urge the Members to not vote Washington lobbyists are registered licansÐbut it is a victory that will be very ex- to allow this to go onto this conference with this Congress. We need to close pensive in the long run. report without the opportunity to have that loophole. We need to make sure, Policy issues across the spectrum are in- extensive debate and extensive review. on the other hand, that the unpaid creasingly complex and technical. Mr. FROST. Mr. Speaker, for pur- grassroots activities are completely ex- OTA helps us sort out the facts from the fic- poses of debate only, I yield 3 minutes empt from this new requirement, and tion. to the gentleman from California [Mr. so those who opposed this bill last year The need won't go away in the futureÐbut FAZIO], the ranking member of this because of opposition from the so- we will be ill-equipped to deal with it. subcommittee. called Christian coalition should be The issues in the last few days before we Mr. FAZIO of California. Mr. Speak- comfortable to understand that advo- adjourned for the August recessÐenviron- er, I want to thank my friend from cacy by churches and religious groups mental risk assessment and telecommuni- Texas for yielding me this time and in- are exempted in this bill that the Sen- cationsÐare just two examples of complicated dicate my congratulations to the gen- ate has adopted. policy issues that confront Congress each tleman from California [Mr. PACKARD], The gift restrictions are identical to year. who brings this conference report to the Senate-passed provisions and mir- I have examples of OTA reports issued in the floor, for the fine job that he has ror restrictions that now apply to just the past few days: done in general during his first year as Members of the executive branch. Any Information Security and Privacy in Network chairman of this subcommittee. But I gift over $10 counts toward a $100 an- EnvironmentsÐthis was produced as a regret that I have to stand in opposi- nual limit per Member, or per staff, per followon report for the Senate Committee on tion to the previous question, in hopes lobbyists. We ought to have the same Governmental Affairs on the heels of a 1994 that this body will take the oppor- provisions apply to us that now apply report, and it was used to prepare for hearings tunity when it deals with the budget of to the Senate. It is appropriate we deal and legislation in this Congress. the legislative branch to deal with with it now so it can be effective in the This report points out the necessity of a something that we have far too long next year. standing agency. Some opponents have said neglected, certainly in this Congress, Mr. Speaker, I appreciate the kind words we can contract for such reports, but where do and frankly, in prior Congresses, to that the chairman of the Legislative Appropria- we get the followup assistance if we paid a deal with, and that is the need to adopt tions Subcommittee, RON PACKARD, spoke at private contractor to do the first report? strong lobby reform and gift ban legis- Rules CommitteeÐthat the reductions in this Electronic Surveillance in a Digital AgeÐthis lation. conference report build on the progress start- is a background paper requested by our col- The House twice approved strong ed under my chairmanship. league, MIKE OXLEY, last September when he lobby reform and gift reform in the The conference report improves the House was still a member of the minority. 103d Congress by 3-to-1 bipartisan ma- bill in several ways. But the Technology Board thought Mr. jorities. The Republicans sadly filibus- But the thoughtful treatment of many issues OXLEY had a great ideaÐto consider the tech- tered it in the Senate at the end of the in this conference report, and the successful nical aspects of implementing the Communica- last session of Congress in order to de- defense of the House position at conference tions Assistance for Law Enforcement ActÐso prive the President and the Democratic on several important items, unfortunately em- the background paper was authorized. This report is perhaps the best indicator of majority of having a political victory phasizes the two major issues where the con- the bipartisan nature of OTA and the fair- on something that had been worked ference has fallen far short: handed manner that the Technology Board out in great detail. General Accounting OfficeÐthe conference Regrettably, as the gentleman from chose the lower Senate number, $374 million, operates. International Partnerships in Large Science Texas [Mr. FROST] has already indi- nearly $20 million less than the HouseÐmore ProjectsÐthe budget implications of inter- cated, despite the effort to speak to the than a 15-percent cut below last year. national collaboration in research and science Perot movement in this country, the Office of Technology AssessmentÐdespite projects are huge. gentleman from Texas [Mr. ARMEY] and two strong votes in the House and a near-ma- When does international collaboration make the Speaker have stonewalled lobbying jority in the Senate, the conference gave in to the Senate in mandating a close-down of sense? When is it not in our national interest? and gift reform for the 7 months we Research into such sweeping questions is have been here. There was no willing- OTA. Accordingly, I reluctantly oppose the con- what OTA does bestÐneither CRS or GAO is ness to deal with it during the reforms prepared to pick up analyses of such scope. that were engaged in, far less signifi- ference report. The shut-down of OTA is particularly In short, I find it particularly ironic that the cant reforms, on the first day of this thoughtless. Restoring OTA did not need to Speaker has termed this the cyber-Con- session. And now, despite our efforts to come at the expense of GAO or the Library of gressÐyet has instructed his whips to destroy speak to this group of people in our so- Congress, who are struggling with flat budgets OTA. ciety, we continue to avoid dealing or budget cuts. AMO HOUGHTON has made a convincing with the responsibility of having to re- There are different ways to accomplish it: case. He speaks with the best outside-the- form the way we go about dealing with An across-the-board cutÐthe Congressional beltway experience of any Member. lobbyists, the way we go about dealing Budget Office says less than a .03 percentÐ The House agreed with AMO, and spoke in our interrelationships with those three one-hundredths of a percentÐwould be strongly in two votes, but the conferees did who would lobby us or give us gifts. required to provide another $6.5 million for not insist on House position. Mr. Speaker, the Senate has passed OTA. There were 46 votes in the Senate to sus- lobby reform and a gift ban unani- Use existing budget authority. The bill is tain OTA including eight Republicans. mously, something I never thought $114 million below the House 602b allocation We believe there were other OTA support- could possibly occur. The House should and $20 million below in outlaysÐthere is ers who were concerned about offsets from Li- now join the executive branch and the plenty of room to provide these funds. brary and GAO. Senate and do the same. In fact, there was plenty of room to provide Since this ill-considered action by the con- Mr. Speaker, the issues are well funds and stay close to the $200 million in ference, the outpouring of editorial comment known. This conference report provides cuts that seem to be the goal of the Repub- has been astounding: an excellent opportunity to deal legis- licans. The Washington PostÐ``Congress should latively with both of these issues in an But it is clear that the Republican fight to think this one over again. Thrift in Government expeditious fashion. close OTA has been a symbolic fight. operations holds a high priority in today's poli- Lobby provisions that are included in It is clear this has nothing to do with budget tics. But the information and insights provided this motion are identical to what the cuts. The public is unlikely to be more im- by OTA's studies are important ingredients of Senate has done, and that is appro- pressed that we cut $205 million instead of wise legislating, and worth far more than the priate. We need a commonly under- $200 million. few millions needed to keep OTA alive.'' stood statute that would affect the At conference, Chairman PACKARD and The EconomistÐ``What do you do with an enormous loopholes that have existed Chairman LIVINGSTON opposed $6.5 million to institution that offers you impartial technical in the 1946 Lobbying Act that have per- keep OTA aliveÐyet pleaded vigorously for $7 advice? If you are America's Congress, you mitted a situation in which fewer than million to renovate the Botanic Garden. close it down.'' September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8565 The Christian Science MonitorÐ``It would be lative branch funding bill. It is an ap- somehow say that we are off on the a costly mistake.'' ples and oranges problem. No matter wrong track here because the appro- The Pittsburgh Post-GazetteÐ``Through a how big an apple gift reform is, it just priations process, which we all know is comedy of errors, oversight and political cannot become an orange because on a very tight timetable which needs machismo, Congress has chosen ignorance, somebody wants to declare it so. It to go forward, to suddenly now throw a and ended the 23-year history of its best and would be a little bit like Cal Ripken monkey wrench on that process be- smallest agency.'' showing up at Fenway Park tonight. cause it does not have what is clearly The Minneapolis Star-TribuneÐ``The major- Wrong place. So from a procedural a nongermane, inappropriate, out of ity acts as though it wants to be a 20th cen- point of view, raising this issue as part scope issue in it, does not do us a serv- tury Know Nothing Party.'' of today’s debate I think is way off the ice here at all. We need to get on with The International Association for Technology mark. this rule, we need to get on with the Assessment and Forecasting InstitutionsÐ``It Mr. Speaker, after the substance of conference, let things happen, and we would be a serious loss to the world commu- reforming the gift rules, I do share the need to take up the gift reform and the nity if OTA should be terminated. We see OTA interests of many of our colleagues on lobby reform and campaign reform as as a flagship for all countries interested in both sides of the aisle of reviewing our we have promised we would do in the adapting wisely to the ever increasing rate of gift rules and for the action recently right season when their time comes, technological change.'' taken in the other body reforming our and that season apparently starts to- To summarize: OTA is a bipartisan organi- House rules. I would point out I believe morrow. zationÐoverseen by bipartisan House-Senate tomorrow there are going to be hear- Mr. FROST. Mr. Speaker, I yield my- Technology Board. ings in the Committee on the Judici- self such time as I may consume. OTA goes outside-the-beltwayÐ5000 spe- ary; our colleague, the gentleman from Mr. Speaker, last night in Fort cialists from business, industry, and academia Florida, CHARLES CANADY, I believe is Worth, TX, the local United We Stand have contributed to its reports and policy rec- chairing a subcommittee hearing on organization had another meeting, and ommendations. the bill of the gentleman from Con- once again I informed them that I was OTA is a lean organizationÐsince 1993, necticut, Mr. SHAYS, which actually going to attempt to bring this up today OTA voluntarily has reduced its middle and was the forerunner of all of these, and once again the Republican leader- senior management by almost 40 percent. The which is what got it started, and I be- ship would steamroll this issue and not funds we are seeking would represent a 40 lieve that we are proceeding apace. I permit it to be brought up. percent cut below last year. understand the Speaker has made a Mr. Speaker, I yield 5 minutes to the But the bottom lineÐOTA saves taxpayer public statement today committing gentleman from Texas [Mr. BRYANT]. dollars. that we will take this up in due course. (Mr. BRYANT of Texas asked and In looking at the Defense appropriations bill In my office we have a strict policy. was given permission to revise and ex- we'll take up soon, I'm struck by what CURT Mr. FAZIO of California. Mr. Speak- tend his remarks.) WELDON and JOHN SPRATT said in a ``Dear er, if the gentleman will yield, in due Mr. BRYANT of Texas. Mr. Speaker, Colleague'' about OTAÐ``The type of work course? nothing could be simpler in the legisla- they perform is just not available from other Mr. GOSS. I think due course is com- tive business of this House than what congressional agencies.'' ing a lot sooner than you think. we are doing today. It is a simple ques- Mr. FAZIO of California. Something It is imperative that Congress retain an inde- tion for Members. Do you think that like deliberate speed? we should be able to continue to play pendent analytical function, but that function is Mr. GOSS. Deliberate speed means golf for free, play tennis for free, go missing from this conference report. different things of course on different Mr. DIAZ-BALART. Mr. Speaker, I skiing for free, fly around the country sides of the aisle, but I think at this yield 4 minutes to the gentleman from on these recreational outings that are point we have a promise to go by early Florida [Mr. GOSS], my distinguished thinly disguised vacations, or do you next year on this, and we are going to colleague on the Committee on Rules. think we ought to impose the same start the hearings tomorrow. (Mr. GOSS asked and was given per- Mr. FAZIO of California. Would this limits on this House that the U.S. Sen- mission to revise and extend his re- be effective in the next calendar year? ate imposed on itself 4 weeks ago? marks.) Mr. GOSS. I do not know what the ef- It is that simple. We ask you to vote Mr. GOSS. Mr. Speaker, I thank my fective date is. I think it remains to be against the previous question so that good friend from Florida for yielding seen, but I think it is very clear that the amended rule of the gentleman time to me. we can start the hearings tomorrow. from Texas [Mr. FROST] may come for- Mr. Speaker, this is the first of the Along those lines, I have to point out ward so that we can simply offer the appropriations bills to make it through that others have offered all kinds of same provisions which the Senate has the conference process, and I wish to bills. I have a lobbyist-paid travel bill applied to itself as applicable to the commend the bill’s managers, the gen- that is in. It has a handful of Members’ House. That is all there is to it. All of tleman from California [Mr. PACKARD], bipartisan support. Unfortunately, this gobbledegook about procedures as well as the gentleman from Louisi- some of the colleagues I hear discuss- and all the tough talk about Deschler’s ana [Mr. LIVINGSTON], the chairman of ing this issue today are not on that Rules and so forth, all of it is meaning- the full committee who is here, for bill. I hope they will take a good long less. It is a very simple question. making sure that the legislative look at it. I think efforts are underway There are those who believe Members branch leads the way in the belt tight- to tighten the disclosure requirements of the House of Representatives ought ening that we know is going to be done. to bring sunshine and accountability to be able to play golf for free, who do This conference report, which obvi- into our process. not want to pay for their own golf or ously funds the conference, comes in at Certainly as Members know, these their own ski trips or their own tennis. $200 million below the actual amount principles sound easy, but they are not They think the lobbyists ought to pay spent for the current fiscal year. That as easy when you start applying them, for it, and there are those who think it is a real cut. That is real savings and because you have to define what a gift ought not to be allowed, that it ought one we can all be proud of, I think, in is. If somebody gives you a memento, it to stop, that it is an embarrassment to these tight budgetary times. is hard to make that distinction occa- the institution. There are those of us Mr. Speaker, the issue has been sionally. I think most Members agree who have worked for 21⁄2 years to pass raised today that somehow the con- that we have to be wise and judicious legislation to stop this outrage, and ferees of this spending bill failed be- in what we do, and I think it is very there are those who spent 21⁄2 years try- cause they did not include provisions clear that both the Committee on ing to prevent that legislation from reforming the gift rule for Members of Standards of Official Conduct and the passing. We have heard from some of this House. Well, the first point here is Committee on Rules, both of which I those this afternoon just a few mo- that reform of the gift rule, although it am on, are interested in this along ments ago. They jump up and holler is a matter of great importance and with the Committee on the Judiciary. regular order. They are ready to fight very significant interest to many peo- It has a terrific amount of interest, it for their right to have free golf and free ple, is not within the scope of the legis- is underway, it is going forward. To tennis. H 8566 CONGRESSIONAL RECORD — HOUSE September 6, 1995 Mr. Speaker, I would just say that I resentatives. It is as simple as that. ing the law? That is buying influence? wish we could get the same interest for There is not a single person in this I think my colleagues have their prior- some other issues as we seem to get for House who has served here or who has ities kind of skewed. protecting free golf for Members of the served in State and local government Mr. Speaker, the fact of the matter is House of Representatives. All of this who has not behaved in the same fash- that many of these functions that we would have the same rules that the ion we are trying to prohibit today. are talking about raises money for Senate passed which, by the way, are Mr. Speaker, I do not hold myself out charitable contributions, like leukemia quite moderate; they do not go as far as a paragon of virtue either, but it is research and cancer research. I say to as I would like to go. We want those clear some years ago it was necessary my colleagues, I think that is very im- rules applied to the House of Rep- to make this change. We began trying portant. I would rather have these pri- resentatives. We do not have to wait to make the change, and I would en- vate individuals do this and private for January, or more hearings; we can courage the Members of the House to groups do this than the taxpayers. do it in the next 11⁄2 hours. That is all vote down the previous question and Mr. FROST. Mr. Speaker, I yield 2 we are asking for. We ask you to vote given us an opportunity to amend this minutes to the gentleman from Texas down the previous question so that we law to pass the same rules to apply to [Mr. BRYANT] if he would like to re- can offer this amendment to the legis- the House as apply to the Senate and spond to the gentleman who just spoke. lative appropriation bill. be done with this issue once and for all, Mr. BRYANT of Texas. Mr. Speaker, What are we doing? We are simply and say if you are going to play golf, I thank the gentleman for the time. I saying that there is a limit of $50 on all gentlemen, pay for it yourself. If you would like to ask the gentleman from gifts, meals and entertainment to are going to go on a ski trip, pay for it Indiana if he would engage in a col- Members of the House of Representa- yourself. If you are going to go out and loquy with me. tives. Fifty bucks is probably too have a big fancy meal, pay for it your- Mr. BURTON of Indiana. Mr. Speak- much. I do not think most folks watch- self. That is all we are saying today. er, will the gentleman yield? ing this debate think we even ought to Vote down the question. Mr. BRYANT of Texas. I yield to the get 50 bucks. But that limit is on there, Mr. DIAZ-BALART. Mr. Speaker, as gentleman from Indiana. and for those Members who want to a Member of Congress who has never Mr. BURTON of Indiana. Mr. Speak- keep on accepting it, they can keep on played golf nor has any intention to, I er, I would be happy to. accepting it. But for goodness sakes, yield 2 minutes to the gentleman from Mr. BRYANT of Texas. Mr. Speaker, the same rules ought to apply to the Indiana [Mr. BURTON]. since we are talking about political ac- House of Representatives. Mr. BURTON of Indiana. Mr. Speak- tion committee contributions, did the We are saying that there is a $100 er, I find it interesting that my col- gentleman vote for the campaign fi- limit from a single source. Pay for leagues appear to be so sanctimonious nance bill that passed the House last your own meals and golf and ski trips, and self-righteous about somebody year? but let the rest of us impose this rule going out and having a hamburger or Mr. BURTON of Indiana. Mr. Speak- upon the House so that we can regain dinner with somebody saying that is er, I do not know which the gentleman the confidence of the American people buying influence when the same Mem- is talking about. We had several. and this institution. bers that are making these statements Mr. BRYANT of Texas. Did the gen- I would point out to you that the and trying to make the American peo- tleman vote for any of them? bitterest attacks on this institution ple feel like we are doing something Mr. BURTON of Indiana. I would have come from some of the same peo- wrong by playing golf with somebody have to check. ple who stand up here every time we or tennis with somebody or having din- Mr. BRYANT of Texas. I do not have have this debate and defend the status ner with somebody are accepting thou- to check. quo. And where does the status quo get sands of dollars in campaign contribu- Mr. BURTON of Indiana. Mr. Speak- us? it just gets us greater and greater tions. er, may I ask the gentleman a ques- in debt to the American people with re- The gentleman from Texas [Mr. BRY- tion? I will limit the campaign con- gard to credibility. ANT], according to the information on tributions to $1,000. Will he vote for Why do we not go ahead and do this? his FEC report, got 52, count them, 52 that? Two-and-a-half years ago we embarked $5,000 contributions from PAC’s. I Mr. BRYANT of Texas. Regular on an effort to do it. This House passed would not accuse him of wrongdoing, order, Mr. Speaker. I have the time. it two times by overwhelming margins. but if there is any influence peddling, if Mr. BURTON of Indiana. Mr. Speak- It would be law today except for a fili- the appearance of influence peddling is er, then let me respond. buster in the Senate that killed it. something we are talking about, I Mr. BRYANT of Texas. The gen- Why not get it done right now, impose would think 52 $5,000 contributions tleman had political action committee reasonable restraints on the behavior would have more of an impact on the contributions when most of us voted to of Members of the House with regard to gentleman from Texas, [Mr. BRYANT], limit those and the gentleman did not. gifts from lobbyists and be done with than somebody buying me a sandwich, Let me ask a second question. Has it. Why not? or somebody playing tennis with some- the gentleman played golf at any time Nobody wants to rise and answer that one, or someone playing golf with in the last year at the expense of a lob- question. The defense over here today someone; 52 $5,000 contributions. byist? will be all over the board. Now we hear In 1994, the gentleman from Texas Mr. BURTON of Indiana. I have there is going to be more hearings. We [Mr. BRYANT] got $273,689.51, and over played golf at the expense of people had hearings on this 3 months ago. We half of those were from special interest raising money for leukemia research were told there would be a markup in PAC’s, but he does not want to talk and for cancer research so the tax- due course, very soon, do not worry about that. payers do not have to. about it. Here we are, September, 3 The gentleman from California [Mr. Mr. BRYANT of Texas. Did those months before the end of the year, no FAZIO] got $196,400, and 69 percent, over people happen to be lobbyists? markup. All we have had is an an- two-thirds, came from PAC’s. He got Mr. BURTON of Indiana. No. nouncement that as a result of what we contributions from the American Fed- Mr. BRYANT of Texas. Is the gen- are trying to do here today, my good- eration of State, county and municipal tleman going to tell Members of the ness, there will be another hearing to- people. He got the cable industry, House that you have not played golf morrow. human rights campaign, Democrat, Re- this year at the expense of a lobbyist? publican, Independent Voters Edu- Mr. BURTON of Indiana. No. b 1630 cational Political Action Fund, and a Mr. BRYANT of Texas. How about Well, let us stop beating around the lot of labor unions. But those do not last year? bush and putting the American people have influence, folks, those $5,000 con- Mr. BURTON of Indiana. No. The off and stop playing games. Lobbyists tributions to him does not have any in- people who put on fundraisers for can- should not be able to buy meals and so fluence. I believe that. But if I have a cer research are organizations, not lob- forth for Members of the House of Rep- hamburger with somebody I am break- byists. September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8567 Mr. BRYANT of Texas. Mr. Speaker, islative branch. These are real cuts, line forever and ever. It is not a secret reclaiming my time, I am not even not the mythical decreases in the rate date. We know it. And we have never talking about these sham vacations of spending made popular by the been so late in getting these bills done. that come in the guise of—— former majority. So there is a possibility that many peo- Mr. BURTON of Indiana. Mr. Speak- Mr. Speaker, we have kept our prom- ple are going to be furloughed, all sorts er, if the gentleman will continue to ises with this legislation and we will of awful things are going to happen, yield, will you let me answer? Do not continue to keep these promises all the Government may close down, or ask me a question if—— during the fall. Let us not be confused whatever, but we are going to step up Mr. BRYANT of Texas. The gentle- by the rhetoric from the other side of to the plate today, if this passes, and man’s answer was no, I think. And the aisle. They keep trying to confuse we are going to pass ours first. That what I am saying is, I am not even the issue.The issue here is spending. means if we get to the 30th and you talking about these sham vacations They do not have a plan to cut spend- have not passed the others, we will not that come in the guise of some fund- ing so they go into gift bans and all be hurt. raising scheme for some charity. I am this other stuff. It is interesting because we are put- talking about just taking you out on A vote to defeat the previous ques- ting it in the name of ‘‘we are belt the golf course and letting you play tion will kill this conference report. It tightening,’’ which is true, we are belt golf for free? The gentleman is going to will not reform campaign finance, it tightening, so we are setting an exam- say you have not done that? will not reform our lobby laws. Any ple and we just hope that we will be Mr. BURTON of Indiana. No. I said claims to the contrary are simply not able to get the other people’s bills no. Did the gentleman hear me? accurate. The minority seeks to defeat through. If they are not, they will be Mr. BRYANT of Texas. Very well. I the previous question so they can stop furloughed, have a nice day, or their am just so surprised, Mr. BURTON. this first spending reduction bill in its programs will be cut or whatever, but Mr. BURTON of Indiana. Will the tracks. That is not why the American we will not be hurt. We will not be tied gentleman vote for an amendment to people sent us here. They sent us here to the track as this train wreck is com- your bill to limit campaign contribu- to change the way the government op- ing. That is No. 1. tions from PACs to $1,000? Because I erates. Listen to this and say wait a minute. am going to introduce it, and I want to I want to commend the gentleman Wait a minute. This bill ought to be see if the gentleman will vote for it be- from California, RON PACKARD, my last, not first. If the Congress has not cause you are getting all these $5,000 good friend, for his excellent work on gotten its business done, they certainly contributions. this conference report. It is truly the should not make sure that they are Mr. BRYANT of Texas. I would ask first step to a balanced budget. So I held harmless by the fact they have the gentleman if he will vote for a bill urge my colleagues to think before you not done their business. That is what that says Members do not get to play vote to vote for real reform and to vote the President is talking about when he golf for free and they have to pay for to cut spending first by voting for the says he will not sign this. I salute him. their own green fees? That is what we previous question for the rule and for He is right. have before the House today. this conference report. Now, No. 2, we have been trying to Mr. BURTON of Indiana. Of course. Mr. FAZIO of California. Mr. Speak- get a gift bill cleaned up since Presi- Mr. BRYANT of Texas. The gen- er, will the gentleman yield? dent Truman was here. President Tru- tleman will vote for a bill that says a Mr. DELAY. I yield to the gentleman man was the first President to come lobbyist cannot pay for a Member’s from California. down and say that there were lobbying golf green fees? Mr. FAZIO of California. Mr. Speak- loopholes, and we have worked away at Mr. BURTON of Indiana. Of course. Mr. BRYANT of Texas. It is before er, I asked earlier of the gentleman trying to tinker and figure it out. Last us. Vote with us. from Florida [Mr. GOSS] if he could in- year this body passed it, the other body Mr. BURTON of Indiana. The fact of dicate when we would deal with gift re- filibustered it. This year the other the matter is, will the gentleman vote form and lobby reform if it were not body passed it and we are trying to say to limit your campaign contributions possible to do it on this bill at this let us put exactly the same thing on to $1,000? time, which, by the way, does nothing and be done with it. Mr. BRYANT of Texas. I have al- to disturb any of the other work that Mr. Speaker, I love the golf conversa- ready voted for political action com- Mr. PACKARD and his committee have tion. Now, the way I understand these mittee reform. done, as I have indicated. But when things, and maybe the gentleman from Mr. BURTON of Indiana. The gen- will that be brought to the floor if we Texas can explain it to me, people tleman is going to get that chance, be- do not bring it up tonight and try to come to play golf to raise money for cause we are going to propose that resolve it before we go to Baltimore? these wonderful causes, and they are amendment to your bill. Mr. DELAY. Mr. Speaker, the best I wonderful causes, but they come be- Mr. BRYANT of Texas. Mr. Speaker, can tell the gentleman is before we ad- cause they think they are going to get reclaiming my time. I will say one journ sine die. to play with a Congressman and they more time. Mr. BURTON protests Mr. FAZIO of California. Mr. Speak- may have some words with them as against circumstances against which er, if the gentleman will continue to they ride around in the cart. he had a chance to change and he re- yield, does that mean it will be effec- Now, first of all, if we cared so much fused to vote to change it. tive in the next Congress? about the cause, I would think we Mr. BURTON of Indiana. Did you get Mr. FROST. Mr. Speaker, I yield 4 would be willing to donate our time, 52 $5,000 contributions? minutes to the gentlewoman from Col- would we not, and pay for our own Mr. DIAZ-BALART. Mr. Speaker, I orado [Mrs. SCHROEDER]. green fees and have a little more yield 3 minutes to the distinguished Mrs. SCHROEDER. Mr. Speaker, I money for whatever we are doing? And, gentleman from Texas [Mr. DELAY], thank the gentleman from Texas for second, to pretend like these are just the majority whip. yielding time to me. citizens who walked in and were will- Mr. DELAY. Mr. Speaker, I rise today This is an incredible debate to have ing to donate so some Congressman to urge my colleagues to support this on our first day back. It is absolutely could play free, that does not make rule. This is a fair rule which provides no wonder the American people are sense. We know what this is all about for the consideration of the legislative very tired of listening to the wrangling and it is not passing the straight-face branch appropriations bill. This appro- in this body. It is like we have not been test. priations bill is the first shot across away. We should pass this gift ban. It would the bow for those last defenders of the Now, let me talk about some of the make people feel much better about status quo. It cuts spending first, it things that I think do not pass the what is going on here. We also should cuts spending fast, and it cuts spending straight-face test. Yes, this is the first not be rushing out here to pass our bill fairly. of the 13 bills we have to pass to keep first so ourselves and our staff and the In fact, this bill spends $205 million the Government going before Septem- Senate, boy, no matter how bad we less than we spent last year on the leg- ber 30. September 30 has been the dead- mess up, we will not be hurt. We will H 8568 CONGRESSIONAL RECORD — HOUSE September 6, 1995 get our paycheck through all of this me suggest to the gentlewoman she is the conferees not meet until they are and we just hope some of those GS–7’s entirely wrong. In fact, for fiscal year subsequently instructed to do so by the or some people relying on Government 1995, in which the Democrats were the House, so we can in fact pass our other checks or whatever, that they do not majority party, this was the first bill business before we take care of our get hurt too bad, and we hope we get to be signed by the President of the own. their bills through before the 30th or United States on July 22, 1994. For fis- Second, with respect to the previous whatever. cal 1994 it was the first bill to be signed question, I simply want to say that I Now, that just looks like the same on August 11, 1993. For fiscal 1992 it was find it amazing that the majority party old same old. In fact, worse than that, the first bill to be signed, on August 14, cannot object at all when 17 separate because I think that the people on this 1991, and for the point that the gentle- legislative riders were attached to the side of the aisle, who have been on the woman made about it never being so EPA appropriation bill, virtually all of appropriations and in a leadership posi- late, never been passed late, this bill which were special interest deals. Yet, tion can tell you we had these bills in was signed with all 13 bills on Novem- they somehow are morally offended this body passed every single time in ber 5, 1990. It was signed with all 13 when we try to attach an amendment July, at the latest. Never have we come bills on December 22, 1987, and it was to the legislative appropriations bill back and had more than one or two signed with all 13 bills in an omnibus which cleans up the relationship be- bills hanging out there with some kind C.R. on October 18, 1986. tween Members of Congress and lobby- of disagreement. But now to have all The point is that these arguments ists. 13, and run forth and say we will take are fallacious. They are red herrings. I for one am tired of seeing network care of ourselves first, as this great ex- They are trying to get around the fact news programs run stories about Mem- ample that we belt tightened, yeah, we that this is a good conference agree- bers of Congress schmoozing with lob- belt tightened, and we should have, but ment. We cut our budget, we bring it to byists on beaches or on golf courses. we are not hurt, and we are not going the President and say, ‘‘It cuts money We all understand the special advan- to do the gift bill because we are hiding out of the legislative budget, the budg- tage that gives them. We think it is a behind the legalism of nonegermane, et that governs the conduct of this special advantage that ought to be baloney. People are tired of it. Vote it House and the other body.’’ It is a de- taken away. That is why the Bryant down. cent conference report, and it is fool- amendment ought to pass. Mr. DIAZ–BALART. Mr. Speaker, I ish, foolish to say, after they could not With respect to the equation of PAC yield 3 minutes to the gentleman from pass a gift ban in 40 years, therefore we contributions, let me simply say this. I Louisiana [Mr. LIVINGSTON], the distin- ought to disrupt this good bill and pass myself make no apologies whatsoever guished chairman of the Committee on a gift ban with it today. I say to the for any PAC contributions I have ever Appropriations. Members, reject what they are trying received. They are fully aboveboard, (Mr. LIVINGSTON asked and was to do, order the previous question, pass they are reported, and I have no objec- given permission to revise and extend the rule, pass the bill, and let us get on tion to having a bunch of workers in his remarks.) with the business, because we are run- the back of the shop being able to unite Mr. LIVINGSTON. Mr. Speaker, I ning out of time. to contribute collectively as much as want to commend the Committee on Mr. FROST. Mr. Speaker, I yield my- four chief executives in the front office Rules for recommending a good rule. self such time as I may consume. can contribute to the other side in any This is an excellent conference agree- Mr. Speaker, my friend, the gen- corporation. ment, and I urge the adoption of this tleman from Louisiana [Mr. LIVING- I would also say that I frankly find it conference agreement and the ordering STON], who is a very fine Member, be- a joke to have Members of the majority as well of the previous question. fore he leaves the Chamber I am afraid party concerned about a $5,000 PAC Frankly, I am astounded at hearing had a little case of selective amnesia a contribution and the damage that may all of this revisionist history, about moment ago. He said that we had never do to the legislative process, but they how in 40 years of Democratic control passed this. I know he did not intend have no objection whatsoever to one of the House of Representatives you that. We did pass this bill last year. It family in Wisconsin contributing $1 could not pass a gift ban bill, so now was passed when the Democrats con- million to the empire of the gentleman all of a sudden it is imperative we de- trolled the Congress last year, it passed from Georgia [Mr. GINGRICH], GOPAC, feat the previous question on a rule so the House of Representatives, went and the other pieces. If we want to get we can add a gift ban bill to a con- over to the Senate, was filibustered by worried about buying special privi- ference report that has nothing what- Republicans in the Senate. leges, I would say that is what we soever to do with a gift ban bill. Mr. Speaker, I yield 3 minutes to the ought to start looking at. Now, you had 40 years to do it and gentleman from Wisconsin [Mr. OBEY]. Mr. DIAZ-BALART. Mr. Speaker, I yet you want to do it today? How about Mr. OBEY. Mr. Speaker, I take the yield 2 minutes to the gentlewoman next year? That is when we are going time to simply inform Members what I from Washington [Mrs. SMITH], a dis- to take it up. The Speaker has indi- plan to do on the motion to recommit, tinguished and effective freshman cated we are going to take it up next and also to urge opposition to the pre- Member of this Congress. year. Let us take it up then. vious question on the rule. As the gen- Mrs. SMITH of Washington. Mr. tlewoman from Colorado has indicated, Speaker, I just returned from a con- b 1645 I think it is extremely unseemly, when ference in Dallas that I heard referred This is a good conference agreement. it appears that we are headed into a to earlier. It was United We Stand The gentlewoman says, ‘‘We are help- train wreck with the Government shut- America. I have spoken in 2 weeks to ing ourselves first.’’ First of all, this ting down because of the nonpassage of over 20,000 people at conventions. conference agreement cuts $206 million various appropriations bills, I think it There is now a national group called below 1995, when the Democrats were is unseemly that the one bill which the Clean Congress Foundation that is in control of the House. It cuts $114.7 would be released from the track so it now bigger than all of the individual million below the budget authority al- will not participate in that train wreck groups. location for this bill. It cuts $20.4 mil- is the bill that funds the legislative I will tell the Members, America is lion below the outlay allocation, and it branch of Government. I do not think disgusted as much by the partisan cuts, this is what they do not like to the public will understand that, I do bickering, posturing, with no intent to hear, 2,614 full-time Federal employees, not think we would want to have to go go anywhere, as they are with any- a 9,5 percent reduction. They do not home and explain that. thing. Dallas was about a lot of people like to hear that, so they want to tack If other groups in this society are tired of partisan politics, disgusted by on all this extraneous stuff to overlook going to be held hostage, so should we. people that have held power for 42 the fact that we are actually accom- That is why I will offer a motion to re- years that could have cleaned up the plishing a great deal. commit, which would require that the system, who are now standing pure as The gentlewoman says, ‘‘We have bill be recommitted to the committee the driven snow, disgusted; disgusted never approached this bill first.’’ Let on conference with instructions that by the Republicans that used to do the September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8569 same thing, all of us, them and us, on to the American public. I will tell the gress and the President of the United both sides of the aisle. Members, go to any town hall, go to States are under permanent appropria- I want to tell the Members that what any group of Americans these days, tion. The Democrats voted in 1980, and is most disturbing today to Middle working middle-class families. The Republicans as well, to make sure that America is what they are seeing on the American public strongly favors ban- we were paid under permanent appro- floor today. I checked out to see if this ning gifts from lobbyists to Members of priation, so I just do not think it car- amendment could actually do any- Congress, and they are right, because it ries any weight to say a Member of thing. No. Members know it cannot do is the perks and the privileges that de- Congress wants to vote for the legisla- anything. The Parliamentarian stands mean this institution, and every single tive appropriation to be paid. We are, and says it is not germane. It is not person who serves here. for whatever reason, in this book, per- even debatable. They knew when they That is not what we were elected to manent. took up this time on the floor that do, or why we were elected to this In terms of the issue of gift ban or there was not a chance of a cold day in body. We are here to do the people’s lobby disclosure, I will say something I hell of getting it through, and they business, and we are well compensated would never say if I did not mean it. I were playing with the American people for that. We do not need free vacations, would not run again if gift ban and again, and they are mad. They are free frequent flier miles, free gifts, or lobby disclosure are not passed. I would mad. free meals to sweeten the deal. say to my colleagues, this issue is I tell the Members today, we have a Let me say that working middle- going to be taken up by Republicans. If bill, the Clean Congress Act, 2072, and class families are getting nothing for it is not taken up, I will not run again. it stops playing around like this bill free. They are paying every single day That is how strongly I believe in my that still allows trips, trips that fly for everything, and they are working leadership and in my fellow Repub- you all over the world as gifts, still al- darned hard for it. Let us understand licans taking up gift ban and lobby dis- lows things that people do not want. what their lives are about. They are closure. They do not want a $50 gift, they do getting a glimpse of what some Mem- I happen to agree with what the Sen- not want a $100 gift, they do not want bers of this body’s lives are about in ate has done. I do not think it is monu- any gift. They want no money flowing accepting free gifts from lobbyists and mental, but I think it gets us a long here in Washington, DC. 2072 is the bill their influence every single day. way. I do not criticize that side for that we want to pass, and we ask Mem- We do need to enforce disclosure by bringing this issue up. If it puts it on bers to stop quibbling and support it. the lobbyists. The American people the antenna of some of our leadership, Please approve the previous question. have a right to know how much these then so be it. However, there are very Mr. FROST. Mr. Speaker, I yield my- groups are spending in order to influ- important Members of this Congress self such time as I may consume. ence legislation in this body. It is high who have gotten elected on this issue. Mr. Speaker, I would like to point time that we tackled these issues and Mr. FROST. Mr. Speaker, I yield my- out to the gentlewoman, who is a new join our colleagues in the other body in self such time as I may consume. Member, that I offered a motion in the implementing serious gift and lobby re- Mr. Speaker, I regret that I have to Committee on Rules to waive germane- form. say this. I think there are some Mem- ness so this could be brought up on the The Republican leadership has re- bers on the other side who feel if they floor today, and that motion was voted peatedly told us that the schedule for repeat something often enough that is down on a straight party line vote. The this session is full, so that the vote not true, people will believe it, so I feel Republican members of the Committee today, Mr. Speaker, is probably our an obligation to repeat what is true. on Rules refused to waive germaneness last chance to pass lobby and gift re- The previous speaker just said the in the Committee on Rules so we could form this year. Let us seize the oppor- Democrats did not pass this legisla- address this issue today. The Demo- tunity to limit the influence of special tion. We passed this legislation last cratic members asked that it be waived interests. Let us defeat the previous year. The gift ban was passed by the in the Committee on Rules. question. Let us once and for all tell Democratically controlled House of If the Republican Members had been the American people that we are seri- Representatives. It is not true to say willing to do that in the Committee on ous about reform. Let this body reflect that the Democratic Party would not Rules, there would be no argument on the interests of the people and not the and could not pass this piece of legisla- the floor today about whether it is ger- special interests. tion. mane or not germane. This is all a Mr. DIAZ-BALART. Mr. Speaker, I b game. This is all a sham on the other yield 2 minutes to the distinguished 1700 side of the aisle. This could be brought gentleman from Connecticut [Mr. Mr. Speaker, I yield 2 minutes to my up. This could have been on the floor SHAYS]. distinguished colleague, the gentleman today if the Republican Members of the Mr. SHAYS. Mr. Speaker, I thank the from Texas [Mr. DOGGETT]. Committee on Rules would have per- gentleman for yielding time to me. Mr. DOGGETT. Mr. Speaker, I thank mitted it to be on the floor today. Mr. Speaker, these are the kinds of the gentleman for yielding me the It is 9 months now. We passed this debates where you wonder whether you time. last year. I want to make that point should weigh in, because a lot of people Mr. Speaker, the Senate of the Unit- again, because the gentlewoman made are angry and there is a lot of partisan ed States has acted on this issue and the same point that the gentleman debate. Then you say, ‘‘Is this some- they achieved a good result because from Louisiana made: Why did the thing you want to be a part of, this de- they had some bipartisan support. It is Democrats not pass this? The Demo- bate?’’ I do not know if I want to be a unfortunate today that there appears cratically controlled House of Rep- part of this debate, but I do want to to be no bipartisanship on this ques- resentatives did pass this last year, and say that I believe with all my heart tion of how we can cut the ties that it was blocked by the Republican Mem- and soul that I have waited 40 years for have bound legislators and lobbyists, bers of the U.S. Senate in a filibuster. the opportunity to have a leading role because it definitely needs to be at- Mr. Speaker, I yield 2 minutes to the as a majority Member. I have only been tended to. gentlewoman from Connecticut [Ms. in office 8 months in the majority. I I think that all that this will accom- DELAURO]. would like to give my Republicans an plish is to take an imperfect com- Ms. DELAURO. Mr. Speaker, I rise opportunity to do in 2 years this issue, promise from the Senate and put it in today in strong opposition to the pre- which my colleagues on that side had place here in the House. If anyone vious question, and I urge my colleague an opportunity to do for 40 years. needs a reason as to why this ought to to vote against the previous question When I listen to the gentlewoman occur, let me reflect on my own experi- so that the gift and lobbying reform from Colorado, PAT SCHROEDER, saying ence in this regard, because when this language can be added to this legisla- that ‘‘I am voting for the legislative measure was up before, I spoke on it tion. My colleagues on the other side of appropriation because I want to in- here on the floor of the House. I ad- the aisle are very fond these days of crease or make sure that I am paid,’’ in dressed the issue on the floor of the talking about how responsive they are this code, by statute, Members of Con- House in the motion to recommit, and H 8570 CONGRESSIONAL RECORD — HOUSE September 6, 1995 I did so without making any reference Mr. Speaker, last night at the United We actually got it out of the sub- to either Democrats or Republicans, We Stand meeting in Fort Worth, I in- committee which I was the chairman of but suggested there was a need to end formed the United We Stand members at the time with a unanimous vote of these freebies. that the Republicans would unani- both parties. But at some point along What I got from that in response was mously vote against the gift ban today. the way, one side of the House decided a member of the Republican Commit- That appears to be the case, based on it was not in their interest to see it tee on Appropriations, one of the great what I have just heard. I think that is passed and it was filibustered to death cardinals who is here on the floor unfortunate. We have a chance to lay in the Senate. today, to tell me that he had told his this issue to rest once and for all, but Look, let us just take it up and pass staff to go out and look for a project to the Republicans will not permit us to it today and not hear of it any more. If cut in my district. They found one to bring it up. you want to go further than the Senate the tune of $90 million, a project in my Mr. Speaker, I yield the balance of has gone, and I would sure like to be- district to whittle out because I had my time to the gentleman from Texas cause I do not think they went far the audacity as a new Member to stand [Mr. BRYANT], the author of the gift enough, but if you want to go further up and say we need to do something ban. than the Senate has gone, you can do about a gift ban. The SPEAKER pro tempore (Mr. so. This does not raise any obstacles to Well, I am here today to say I am not HASTINGS of Washington). The gen- that. Certainly you can do so. But going to be intimidated on that issue tleman from Texas is recognized for 2 today let us pass the Senate rule that because I think it goes to the core of minutes. says Members of the Senate cannot get what this Congress is about and the de- (Mr. BRYANT of Texas asked and free gifts from lobbyists, and make it mand of people to see this place was given permission to revise and ex- apply to the House of Representatives, cleaned up. My objection to the Repub- tend his remarks.) and be done with this issue and do the licans is not that they have done too Mr. BRYANT of Texas. Mr. Speaker, American people a favor. much to change the way this Congress I really appreciate my colleague the Mr. DIAZ-BALART. Mr. Speaker, I operates, but they have done too little, gentleman from Texas [Mr. FROST] yield the remainder of my time to that and they know it. yielding me the time. distinguished member of the Commit- In Texas when you shake hands on Let me simply say that we have tee on Rules, the gentleman from Cali- something like Speaker GINGRICH did heard a number of statements on the fornia [Mr. DREIER]. up in New Hampshire, it means some- floor today that once again, as the gen- The SPEAKER pro tempore. The gen- thing. It is an agreement. You lend tleman from Texas [Mr. FROST] said, tleman from California is recognized your word. But all we got was a prom- need to be corrected very clearly. for 3 minutes. ise and a lot of talk and whistling in First, the repeated refrain from the Mr. DREIER. Mr. Speaker, I thank my very good friend from Miami, the the background. Someday over the gentleman from Louisiana [Mr. LIVING- rainbow we will get around to dealing vice chairman of the Subcommittee on STON] and a few others, why did the Rules and Organization of the House, with this. Democrats not pass this legislation in Mr. DREIER. Mr. Speaker, will the for yielding me this time. the past when they had control of the gentleman yield? I would like to bring us back to the Mr. DOGGETT. I will yield on your House? issue that we are debating here. It hap- The answer, of course, is we did pass time as long as you want to talk about pens to be the legislative branch appro- this act of intimidation right here on it. We did not just pass it once, we priations bill. the floor of the Congress. passed it twice. It was filibustered to If we are going to simply comply Mr. DIAZ-BALART. Mr. Speaker, I death by the then Republican minority with the standing rules of the House yield 1 minute to the gentleman from in the Senate. which is what we try desperately to do California [Mr. PACKARD]. Second, we heard the gentlewoman on a regular basis, we will not waive Mr. PACKARD. Mr. Speaker, I sim- from Washington [Mrs. SMITH] say a germaneness. With the exception of the ply want to take time to clarify two is- moment ago that somehow or another conference report itself, there are not sues that have been mentioned several what we are trying to do will have no waivers on this bill, and so it seems to times. effect, it cannot happen, it is against me that the responsible thing for us to Last year we did pass a gift ban bill. the rules. do is to recognize that a measure which It was not this gift ban that is being The fact of the matter is that not- is going to cut $205 million, a real cut proposed. Totally different. This one is withstanding what the gentlewoman of $205 million, should have the chance 51 pages long. I have not read a single from Washington [Mrs. SMITH] was to be voted on here on the House floor. page of that 51 pages. I do not think told, I am sure by some Members on We have been debating during this any Member of Congress except those her side, we can pass this gift ban in legislative branch appropriations de- that have proposed it have read the 51 the next hour and a half simply by vot- bate the issue of lobbying reform. The pages. This is not the time to pass a 51- ing down the previous question. That is fact of the matter is that is going to page amendment to this conference re- all we are asking that this House do. come up. As my friend, the gentleman port. That is the point I wanted to This is about the third time we have from Connecticut, has pointed out, an make. asked that this be done this year. We opportunity has existed for four long, The second point: We have worked did it last year. We are simply asking uninterrupted decades on the other very carefully for several years and that we go ahead and make the same side of the aisle to deal with this issue. certainly this year to make this a bi- rules that apply to the Senate as of 5 The 104th Congress has met for 8 partisan bill. I want to commend the weeks ago also apply to the House. It is months. We have had 8 months to deal gentleman from California [Mr. FAZIO] not complicated. It is a simple ques- with a wide range of things. who is the ranking member of the sub- tion of whether or not you want to do I would hasten to say to my friends committee. We have worked in a bipar- it. It is just that simple. from Texas, Mr. DOGGETT especially tisan way. Does it make sense, particularly in whom I asked to yield earlier, when he Unfortunately, this is turning into a light of all of the legislatures around said that we have not brought about re- very partisan vote on the rule. Frank- the country who have already applied forms, I have to take that as a personal ly, that is probably the way it is going these kind of rules or more strict rules insult, because on January 4, we passed to go, along a straight partisan vote. to themselves, does it make any sense the largest, most sweeping reforms That is unfortunate when we have that the House of Representatives that the U.S. Congress has seen in over worked together on a nonpartisan bill would be the last bastion of free golf half a century. Not since the 1946 Leg- that has done a lot of good work for re- and free tennis and free ski trips for islative Reorganization Act have we structuring Congress. legislators? I think it does not make done very important things that gained Mr. FROST. Mr. Speaker, I yield my- any sense. We have moved into a new bipartisan support, like eliminating self such time as I may consume. Then era. Nobody is perfect. proxy voting; dramatically reducing I will be yielding to the gentleman We began this process, by the way, in the number of committees and sub- from Texas [Mr. BRYANT]. a very bipartisan fashion 21⁄2 years ago. committees, by 25 percent; reducing by September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8571 a third committee staff; and something I praised the Speaker for that handshake. Burr Hastings (WA) Packard that my friend from Connecticut also Burton Hayes Parker In fact, I asked the Speaker to consider a Buyer Hayworth Paxon worked long and hard on, having Con- bill I introduced with MARTY MEEHAN, TIM Callahan Hefley Petri gress comply with the laws imposed on JOHNSON and others that would establish the Calvert Heineman Pombo other Americans. kind of independent commission that the Camp Herger Porter The fact of the matter is we brought Canady Hilleary Portman Speaker shook hands on. Castle Hobson Pryce about major sweeping reforms and it But since then, the Speaker argued against Chambliss Hoekstra Quillen has not come to an end. But this bill is a rush to judgment. Chenoweth Hoke Quinn not where we should be debating this. Eighty-seven days later, it's safe to say the Christensen Horn Radanovich We are simply trying to cut the level of Chrysler Hostettler Ramstad Republican leadership of the House is in no Clinger Houghton Regula appropriations for this institution, and rush to clean up our political system. Coble Hunter Roberts I hope very much that we will be able And that's a shame. Coburn Hutchinson Rogers to pass the previous question, and pass Collins (GA) Hyde Rohrabacher We're the only House in this city that is Combest Inglis Ros-Lehtinen this rule. dragging its feet on reform. Cooley Istook Roth Ms. PELOSI. Mr. Speaker, I rise today to At the White House, the President has twice Cox Johnson (CT) Roukema urge my colleagues to defeat the previous laid out his detailed plan to the Speaker. He's Crane Johnson, Sam Royce question in order to add the gift and lobbying Crapo Jones Salmon even named possible commissioners. Cremeans Kasich Saxton reform provisions passed by the other body to The other bodyÐnot known for its zest for Cubin Kelly Scarborough the conference report now before the House. reformÐheld 2 days of debate and passed Cunningham Kim Schaefer Unless we act now, the House will have no solid lobbying and gift ban reform bills. Davis King Schiff opportunity this year to vote on lobbying and DeLay Kingston Seastrand During the first 100 days of this Congress, Diaz-Balart Klink Sensenbrenner gift reform. we passed numerous items of the Contract Dickey Klug Shadegg Throughout the 104th Congress, the House With America which will do great harm to our Doolittle Knollenberg Shaw Republican leadership has refused to sched- Dornan Kolbe Shays cities, our families, and our environment. ule consideration of lobbying and gift reform Dreier LaHood Shuster During the second 100 days, we passed ap- Duncan Largent Skeen legislation. In fact, they have made it clear that propriations bills that slash so many of the Dunn Latham Smith (MI) such measures will not be considered by the Ehlers LaTourette Smith (TX) programs which benefit ordinary Americans, House this year. From the first day of the Ehrlich Laughlin Smith (WA) while at the same time leaving policies that Emerson Lazio Solomon 104th Congress, the Republican leadership English Leach Souder has allowed corporate lobbyists unprece- help rich and powerful corporations un- touched. Ensign Lewis (CA) Spence dented access to the legislative drafting proc- Everett Lewis (KY) Stearns ess. This access has resulted in weakened So before another 100 days go by since the Ewing Lightfoot Stockman environmental and health protections, crippled historic handshake in New Hampshire, let's at Fawell Linder Stump least take one small step to try to convince the Fields (TX) Livingston Talent worker safety standards, and special tax bene- Flanagan Longley Tate fits for the wealthiest Americans. Nowhere in American people that this institutions is not for Forbes Lucas Tauzin the much-heralded Contract With America did sale to the highest bidder. Fowler Manzullo Taylor (NC) Fox Martini Thomas the Republican leadership address gift and Defeat the previous question. Adopt these critical gift and lobbying reforms. Franks (CT) McCollum Thornberry lobbying reform. Nowhere in the Rules of the Franks (NJ) McCrery Tiahrt House reform package did these provisions Don't wait another day. Frelinghuysen McHugh Torkildsen appear. My colleagues, the silence of the Pass reform now. Frisa McInnis Traficant Mr. DIAZ-BALART. Mr. Speaker, I Funderburk McIntosh Upton House Republican leadership on this issue Gallegly McKeon Vucanovich has been deafening. yield back the balance of my time, and Ganske Metcalf Walker Mr. Speaker, twice during the 103d Con- I move the previous question on the Gekas Meyers Walsh gress, the House approved similar lobbying re- resolution. Gilchrest Mica Wamp The SPEAKER pro tempore. The Gillmor Miller (FL) Watts (OK) form and gift legislation by solid bipartisan ma- Gilman Molinari Weldon (FL) jorities only to see these measures stalled by question is on ordering the previous Goodlatte Moorhead Weldon (PA) filibusters in the other body. Now that they question. Goodling Murtha Weller The question was taken; and the Goss Myers White have finally passed these reforms, we in the Graham Myrick Whitfield House must also act. Speaker pro tempore announced that Greenwood Nethercutt Wicker The lobbying reform provisions would cor- the noes appeared to have it. Gunderson Neumann Wolf rect the enormous loopholes in current law Mr. SOLOMON. Mr. Speaker, I object Gutknecht Ney Young (AK) to the vote on the ground that a Hancock Norwood Young (FL) that allow more than 70 percent of Washing- Hansen Nussle Zeliff ton's lobbyists to lobby congressional offices quorum is not present and make the Hastert Oxley Zimmer without registering. Under these provisions, point of order that a quorum is not unpaid grass-roots lobbying activities would be present. NAYS—179 completely exempt from the new require- The SPEAKER pro tempore. Evi- Abercrombie Conyers Furse ments, as would advocacy by churches and dently a quorum is not present. Ackerman Costello Gejdenson Andrews Coyne Gephardt religious groups. Pursuant to the provisions of clause 5 Baesler Cramer Gibbons My colleagues, the issue of lobbying and gift of rule XV, the Chair announces that Baldacci Danner Gonzalez reform has been thoroughly debated by Con- he will reduce to a minimum of 5 min- Barcia de la Garza Gordon gress. The time to act is now. I urge defeat of utes the period of time within which a Barrett (WI) DeFazio Gutierrez Becerra DeLauro Hall (OH) the previous question so that we may add vote by electronic device, if ordered, Beilenson Dellums Hall (TX) these important provisions to H.R. 1854, the will be taken on the question of agree- Bentsen Deutsch Hamilton conference report on legislative branch appro- ing to the resolution. Berman Dicks Hastings (FL) priations for fiscal year 1996. Bevill Dingell Hefner The Sergeant at Arms will notify ab- Bonior Dixon Hilliard Mrs. MALONEY. Mr. Speaker, I rise in op- sent Members. Borski Doggett Hinchey position to the previous question on the rule The vote was taken by electronic de- Boucher Dooley Holden for the legislative branch appropriations con- vice, and there were—yeas 228, nays Browder Doyle Hoyer Brown (CA) Durbin Jackson-Lee ference report. 179, not voting 27, as follows: Brown (OH) Edwards Jacobs First, let me commend my colleagues, VIC [Roll No. 636] Bryant (TX) Engel Jefferson FAZIO, MARTY MEEHAN, and JOHN BRYANT for Cardin Eshoo Johnson (SD) YEAS—228 bringing this important issue to the floor. Chabot Evans Johnson, E.B. My friends, let's not pass the bill which Allard Bartlett Boehlert Chapman Farr Johnston Archer Barton Boehner Clay Fazio Kanjorski funds our daily business until we reform the Armey Bass Bonilla Clayton Fields (LA) Kaptur political business-as-usual in this city. Bachus Bateman Bono Clement Filner Kennedy (MA) It has been 87 days since our Speaker Baker (CA) Bereuter Brewster Clyburn Flake Kennedy (RI) shoot hands with the President in New Hamp- Baker (LA) Bilbray Brownback Coleman Foglietta Kennelly Ballenger Bilirakis Bryant (TN) Collins (IL) Ford Kildee shire, pledging to act on campaign finance Barr Bliley Bunn Collins (MI) Frank (MA) Kleczka and political reform. Barrett (NE) Blute Bunning Condit Frost LaFalce H 8572 CONGRESSIONAL RECORD — HOUSE September 6, 1995 Lantos Orton Spratt LIMITING DEBATE ON CON- below fiscal year 1995; that’s an 8.6 per- Levin Owens Stark FERENCE REPORT ON H.R. 1854, cent reduction in funding below the Lewis (GA) Pallone Stenholm Lipinski Pastor Stokes LEGISLATIVE BRANCH APPRO- current year. This agreement reduces LoBiondo Payne (NJ) Studds PRIATIONS ACT, 1996 legislative branch jobs [FTE’s] by 2,614 Lofgren Payne (VA) Stupak A motion to reconsider was laid on under fiscal year 1995, Senate staffing Lowey Pelosi Tanner excluded; that’s a 9.5 percent reduction Luther Peterson (FL) Taylor (MS) the table. Manton Peterson (MN) Tejeda Mr. PACKARD. Mr. Speaker, I ask in jobs. Finally, the conference agree- Markey Pickett Thompson unanimous consent that debate on the ment is $114.7 million below our 602(b) Martinez Pomeroy Thornton conference report to accompany H.R. budget resolution target. Mascara Poshard Thurman Matsui Rahall The House and Senate concluded a Torres 1854 be limited to 10 minutes each, McCarthy Rangel successful conference. Torricelli equally divided between myself and the McDermott Reed Towns There were 55 amendments to the McHale Richardson gentleman from California [Mr. FAZIO]. ´ McNulty Rivers Velazquez The SPEAKER pro tempore. (Mr. House bill, all were resolved by the Meehan Roemer Vento LINDER). Is there objection to the re- conferees. Meek Rose Visclosky I will include a table showing details Volkmer quest of the gentleman from Califor- Menendez Roybal-Allard and a list of the highlights of the con- Miller (CA) Rush Ward nia? Mineta Sabo Waters There was no objection. ference agreement. Watt (NC) Minge Sanders f We have compared the conference Mink Sawyer Waxman agreement to the House bill. Williams Montgomery Schroeder GENERAL LEAVE Moran Schumer Wise The bill we sent to the Senate did not Nadler Scott Woolsey Mr. PACKARD. Mr. Speaker, I ask have funds for Senate operations. Neal Skaggs Wyden unanimous consent that all Members Excluding the Senate items, the con- Obey Skelton Wynn ference agreement is $9,518,000 below Olver Slaughter Yates may have 5 legislative days within which to revise and extend their re- the House-passed bill. The reductions NOT VOTING—27 marks on the consideration of the con- to the House bill consist of: $18,458,000 Bishop Maloney Reynolds ference report to H.R. 1854, making ap- further reduction to GAO; $4,511,000 Brown (FL) McDade Riggs propriations for the legislative branch further reduction in congressional Deal McKinney Sanford for the fiscal year ending September 30, printing; $903,000 reduced from the Fattah Mfume Serrano Foley Moakley Sisisky 1996, and for other purposes, and that I Joint Committee on Taxation; Geren Mollohan Smith (NJ) may include extraneous and tabular $1,060,000 further reduction in the Green Morella Tucker material. power plant; $14,999,000 reduced from Harman Oberstar Waldholtz Congressional Research Service in Lincoln Ortiz Wilson The SPEAKER pro tempore. Is there objection to the request of the gen- order to restore Library of Congress b 1731 tleman from California? funding; $7,000,000 from the Botanic There was no objection. Garden Conservatory renovation which Ms. SLAUGHTER and Mr. MANTON f eliminates the funds to begin that changed their vote from ‘‘yea’’ to project. ‘‘nay.’’ CONFERENCE REPORT ON H.R. 1854, There were several additions to the LEGISLATIVE BRANCH APPRO- House bill, including: $2,500,000 for a So the previous question was ordered. PRIATIONS ACT, 1996 joint Office of Compliance; $3,615,000 for The result of the vote was announced Mr. PACKARD. Mr. Speaker, pursu- an orderly shutdown of the Office of as above recorded. ant to House Resolution 206, I call up Technology Assessment; $50,000 for Mr. SOUDER. Mr. Speaker, I, reluctantly the conference report on the bill (H.R. Capitol buildings maintenance; voted for the previous question in spite of my 1854) making appropriations for the $17,753,000 was restored to the funding desire to support the Senate gift ban. I per- legislative branch for the fiscal year of the Library of Congress; and sonally have implemented the Senate gift ban ending September 30, 1996, and for $13,995,000 was added back for the de- pository library program under the Su- in my office. While the golf and tennis trips other purposes. perintendent of Documents. worth thousands of dollars to Members usually The Clerk read the title of the bill. There were several provisions in- benefit charity as well as the Members, there The SPEAKER pro tempore. Pursu- cluded, primarily to facilitate the oper- is no question in my mind that these primarily ant to the rule, the conference report is ations of the House and Senate. The recreational trips should be eliminated as a considered as having been read. (For conference report and state- conference report (House Report 104– Member's perk. The American people are de- 212) has been available for several manding that we reform this system of expen- ment, see proceedings of the House of July 28, 1995, at page H7964.) weeks and explains these provisions. sive dinners, gifts, and trips. The question is The SPEAKER pro tempore. Under One of these provisions is contained not whether or not people believe the other the order of the House, the gentleman in amendment No. 10 which provides party. They don't trust them either. Citizens from California [Mr. PACKARD] and the $6,115,000 for the orderly shutdown of are fed up with both parties because they be- gentleman from California [Mr. FAZIO] the Office of Technology Assessment lieve we work too closely with those who give each will be recognized for 10 minutes. and includes provisions for severance us financial benefitsÐpersonal and political. The Chair recognizes the gentleman pay and disposal of property. Our large freshman Republican class was from California [Mr. PACKARD]. Amendment No. 55 includes some elected largely on Government reform. We are Mr. PACKARD. Mr. Speaker, I yield House housekeeping provisions added not likely to remain if we don't progress on myself such time as I may consume. by the managers and a provision that real reformÐof Congress itself, or PACS, of Mr. Speaker, it is pleasure to present establishes an awards and settlement gifts, of term limits. I will continue to sponsor the conference report on the 1996 legis- fund required by the Congressional Ac- legislation on these issues, as well as volun- lative branch appropriations bill. This countability Act of 1995. tarily implement them in my office. While ulti- is the first 1996 appropriations bill to In addition to the overall reductions mately this is a question of integrity and char- come out of conference, but there are a I have already enumerated, a few of the acter, I sincerely hope that our leadership will number close behind us. highlights include: begin voting on these issues soon because The conference report presents a bill House of Representatives—has been previous Congresses have spent the public's that will greatly reduce the size of our cut $57.2 million—$57,174,000—below full measure of trust. own branch of Government. 1995. Included in this reduction, com- To summarize, the conference agree- mittee staff have been cut 33 percent; The SPEAKER pro tempore. (Mr. ment provides budget authority of $2.18 committee budgets have been reduced HASTINGS of Washington). The question billion. This is $433 million below the by $39.8 million—$39,762,000—House ad- is on the resolution. President’s budget request, a 16.5 per- ministrative offices have been cut by The resolution was agreed to. cent reduction. It is $205.7 million $11.9 million below 1995—$11,934,000— September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8573 and administrative staff have been re- raising operation. Requests for pro- gram of the Library is funded at $3 mil- duced by 313 FTE’s. posal will be issued to privatize custo- lion, the amount requested. Senate—has been cut $33.7 million in dial and maintenance work, and a General Accounting Office—cut $75 1995. panel of outside experts will propose million below 1995. The report indicates Joint items—Joint committees— how the powerplant can be privatized. our intent to reduce GAO by 25 percent printing, economic, taxation—have Government Printing Office—has over a two-year period. been cut by 22.8 percent overall. been cut $7.9 million below 1995. Con- SUMMARY Office of Technology Assessment— gressional printing has been cut by $5.6 In summary, the bill is $205.7 million has been eliminated, a $22 million sav- million, including no more constituent below fiscal year 1995. It effects a 2,614 ings. copies of the CONGRESSIONAL RECORD. reduction in full-time-equivalent jobs; Congressional Budget Office—has The number of daily records printed that’s a 9.5 percent cut, not including been given $1.1 million and 13 more will be reduced from 17,791 to 11,370, Senate jobs. In total, it is a $432.8 mil- FTE’s to perform unfunded mandates and we have eliminated free copies of lion reduction below the requests in- workload. documents to judges, to former Mem- cluded in the President’s budget, a 16.5 Architect of the Capitol—has been bers, to press and other media, and to percent reduction. Finally, it is $114.7 cut $16.8 million below 1995. The con- executive agencies. million below our 602(b) target alloca- ference agreement ends the subsidy to Library of Congress—funding in- tion. the Flag Office. Flag prices will be creased $1.5 million—only increase in Every Member can justify an ‘‘aye’’ raised to reimburse the cost of the flag bill. The national digital library pro- vote on passage. H 8574 CONGRESSIONAL RECORD — HOUSE September 6, 1995 September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8575 Mr. Speaker, I reserve the balance of as the ranking member on House over- though there is a prohibition, that that my time. sight. prohibition is more if a Member’s term Mr. FAZIO of California. Mr. Speak- I think the gentleman from Califor- is limited for one reason or another by er, I yield 11⁄2 minutes to the gentleman nia [Mr. PACKARD] made the point this death or resignation and not for the in- from Virginia [Mr. MORAN]. is an absolute reduction. It is a cut. cidental consolidation Members’ Mr. MORAN. Mr. Speaker, I want to This is a change from previous Con- suites. see Cal Ripkin break that record as gresses. Mr. PACKARD. Mr. Speaker, will the gentleman yield? much as anybody, but, you know, there b are other people’s lives at stake here in 1745 Mr. NUSSLE. I yield to the gen- this bill. Notwithstanding the desire not to tleman from California. I rise in opposition to the bill. One make reductions or cuts, I still want to Mr. PACKARD. The subcommittee reason is it eliminates the Office of compliment everyone involved because recognizes that the bipartisan Building Technology Assessment. I think it is I think it was done in the fairest man- Commission may need some flexibility important that the Members under- ner and in the most efficient way pos- in fulfilling its goal of consolidating of- stand fully what this bill does. For one, sible. We took the major cuts our- fice space, including eliminating split it eliminates the Office of Technology selves. We eliminated three commit- suites. It is not the intent of the sub- Assessment, the studies they do, tech- tees. Fully 30 percent of the money, 29 committee to prohibit such moves au- nical studies, studies that give us in- million, came out of the committees. thorized by the bipartisan Buidling formation we could not get otherwise. So, I think by example we have indi- Commission. They are overseen by a bipartisan cated where we want to go. The 25-per- Mr. FAZIO of California. Mr. Speak- board. cent General Accounting Office cut was er, I yield such time as he may It is going to make us much more re- recommended by the General Account- consume to the gentleman from Wis- liant upon the high-priced lobbyists ing Office. All we did was accept it. We consin [Mr. OBEY], the ranking member that represent the billion-dollar tele- have more changes coming. Look at of the Committee on Appropriations. Mr. OBEY. Mr. Speaker, I do support communications industry or whatever the new handbook which my colleagues the cuts in this bill, but I do not be- others may have a vested interest. have received. This is just the begin- lieve that Congress ought to be ex- It eliminates 25 percent of the Gen- ning. empted from the negotiating squeeze eral Accounting Office. Think of the Mr. FAZIO of California. Mr. Speak- if, in fact, the entire national budget is millions of dollars that have been er, I yield 1 minute to the gentleman headed for a train wreck. The Presi- saved every year by GAO. Yet we are from Indiana [Mr. ROEMER]. dent has indicated that, if we send this going to tell them that a quarter of Mr. ROEMER. Mr. Speaker, I have bill to him before other issues are re- GAO is expendable. I think that is never voted for a legislative appropria- solved, he will veto it. That is not penny wise and pound foolish. tions bill in the 4 years that I have going to be in anybody’s interest, so it But most importantly, my friends in been in Congress. But for the first seems to me what we ought to do is to this Chamber, we need to know what time, in a bipartisan way, in order to delay the sending of this bill to the this does to the lives of those people balance the budget, in order to work President. that have devoted their lives to serving together across aisles, and I hope this That is why the motion to recommit, this institution. is a vanguard in the next few weeks which I will offer in just a moment, I would like you to focus for a mo- and months, I will vote for this bill. It will do just that. It will simply recom- ment on someone like Nancy Glorius. makes tough choices toward balancing mit the conference report to the com- She started working for this institu- the budget. It cuts 33 percent out of our mittee with instructions that the con- tion when she was 15 years old. She has mail accounts. It cuts money from the ference not meet until subsequently in- worked for the House of Representa- clerk hire. It cuts money from the Gen- structed to do so by the House pursu- tives for 34 years, helping the House eral Accounting Office and the Office of ant to clause 1(c) of rule XXVIII. That buy anything from paper clips to com- Technology Assessment. would simply facilitate the delaying of puter networks, has always done a Yes, my colleagues, if we are going to this bill until other budget issues are good job. You know what, she just re- more toward balancing the budget, worked out in other appropriation bills ceived a form letter, pink slip, without which I fully endorse, Congress has to so that we are not in the unseemly po- so much as her name on it, after spend- take the first step and share in the sac- sition of appearing to be trying to ing 34 years of her life serving this in- rifice. speed passage through of the bill that stitution; people like Charles Hoag, Finally, Mr. Speaker, we were suc- funds our agencies while other agencies who worked here 24 years and was let cessful in working with the gentleman are going to get caught in the squeeze. go just months before his retirement from New Jersey and getting a Roe- Mr. PACKARD. Mr. Speaker, I yield and replaced with higher paid employ- mer-Zimmer amendment attached. If myself such time as I may consume in ees. This is not right. my colleagues save money in their of- response to the motion to recommit. This institution will not serve us, fice account, that money will go for Let us look at the motion to recom- more importantly the American peo- the U.S. deficit. mit. It delays. If my colleagues want ple, if this is the way we conduct our- Mr. PACKARD. Mr. Speaker, I yield 1 gridlock, if my colleagues want a so- selves. minute to the gentleman from Iowa called train wreck, then vote for this Mr. PACKARD. Mr. Speaker, I yield 1 [Mr. NUSSLE]. motion to recommit. The best way to minute to the gentleman from Califor- Mr. NUSSLE. Mr. Speaker, I would avoid a train wreck is to do what we nia [Mr. THOMAS], chairman of the like to engage with the gentleman are supposed to do, and that is pass ap- Committee on House Oversight. from California [Mr. Packard] in a col- propriations bills. (Mr. THOMAS asked and was given loquy. What is wrong with the conference permission to revise and extend his re- Mr. Packard, in reviewing the con- report the way it is? I do not think marks.) ference report language, it appears there is anything wrong with it. It cuts Mr. THOMAS. Mr. Speaker, I want to that the intent of the subcommittee is below last year’s bill. Could it be that thank the chairman of the Committee to prohibit all moves by Members of those who want to hold this bill are op- on Appropriations, the gentleman from their offices. As my colleague knows, posed to deficit reduction? We are sup- Louisiana [Mr. LIVINGSTON], and the as part of the transition we are at- posed to be bringing about deficit re- ranking member, the gentleman from tempting to consolidate Member of- duction. That’s what this conference Wisconsin [Mr. OBEY], the chairman of fices, consolidate split suites where report does. It also makes significant the Subcommittee on Legislative Ap- there are two rooms and one room that reforms in the legislative branch. propriations, the gentleman from Cali- is located elsewhere. We want to make Vote against delay. Vote against the fornia [Mr. PACKARD], and the ranking sure that the bipartisan building com- motion to recommit. member, the gentleman from Califor- mission, as part of the transition, still Since the first of the year Repub- nia [Mr. FAZIO], because the gentleman has the ability to consolidate suites, licans have set an aggressive legisla- from California [Mr. FAZIO] also serves and I want to make sure that even tive agenda. Now we are bringing the H 8576 CONGRESSIONAL RECORD — HOUSE September 6, 1995 fruits of our labors to our colleagues. Beyond this bill, GAO’s enabling legisla- THE SECRETARY OF Let us move forward. Vote for deficit tion requires that the agency accord employ- VETERANS AFFAIRS, reduction, vote against delay, vote ees the same preferences, including veterans’ Washington, DC, September 6, 1995. against the motion to recommit. preference, that are provided to employees in Hon. VIC FAZIO, the executive branch. Ranking Minority Member, Subcommittee on This motion to recommit the bill to I assure you that we have no intention of Legislative, Committee on Appropriations, conference is an unprecedented action House of Representatives, Washington, DC. since I have been here. It is designed to undermining veterans’ preference. Indeed, GAO is committed to preserving veterans’ DEAR CONGRESSMAN FAZIO: I am deeply remove control of the legislative agen- preference and will accord veterans the same concerned about a provision in the con- da from the majority. It is designed to rights as they would receive during reduc- ference report on H.R. 1854, the proposed delay the appropriations process. It is tions-in-force in executive branch agencies. Legislative Appropriations Act for FY 1996, designed to give the President control that could erode veterans’ preference under a I would be happy to meet with you to dis- downsizing of the General Accounting Office. over the legislative branch of Govern- cuss this matter further. I hope you will join Section 212 of the conference report, which ment. I would ask the Members to op- us in correcting any misunderstanding your originated in the Senate, would authorize pose the motion to recommit. letter has created about the effect of section the Comptroller General to give less weight Mr. Speaker, if the gentleman from 211 on veterans’ preference. to veterans’ preference in any reduction-in- California [Mr. FAZIO] is through, I will Sincerely yours, force that GAO carries out under this legis- yield back the balance of my time. CHARLES A. BOWSHER, lation. Mr. FAZIO of California. Mr. Speak- Comptroller General of the United States. This provision overlooks the vitally impor- er, I yield myself such time as I may tant role of veterans’ preference in Ameri- ca’s sacred contract with her defenders. The consume. THE AMERICAN LEGION, Washington, DC, August 22, 1995. week after we commemorated our great vic- Mr. Speaker, is the gentleman from tory in World War II and a month after the California going to have a colloquy DEAR REPRESENTATIVE: The American Le- dedication of the Korean War Memorial is no with the gentleman from Indiana [Mr. gion is requesting that you oppose the con- time for the Congress to permit any dilution BUYER]? ference report on H.R. 1854, the FY 1996 ap- of our obligations to our warriors. The sug- Mr. PACKARD. Mr. Speaker, will the propriations bill for the Legislative Branch. gestion that something less than strict ad- gentleman yield? The American Legion is strongly opposed herence to veterans’ preference would be ac- Mr. FAZIO of California. I yield to to section 211 of H.R. 1854, a provision that ceptable is a slap in the face to all those who the gentleman from California. will allow the General Accounting Office to have served and sacrificed in defense of free- place less emphasis on veterans’ preference dom and democracy. Mr. PACKARD. Mr. Speaker, I do not in reduction-in-force situations. The Amer- I hope you agree with me that legislation, see that on the table right now. ican Legion believes this is a major step in such as H.R. 1854, allowing the weakening of Mr. FAZIO of California. Mr. Speak- the erosion of veterans’ preference for em- veterans preference must not be enacted. er, I think it might be important sim- ployment purposes. Sincerely, ply to reference the concern the gen- ‘‘The Veterans’ Preference Act of 1944’’ was JESSE BROWN. tleman had, however. enacted by Congress to assist veterans seek- Mr. Speaker, as it relates to the mo- Mr. PACKARD. There has been some ing employment because their military serv- tion offered by the gentleman from concern, particularly by the Secretary ice prevented them from earning promotions Wisconsin [Mr. OBEY] to recommit, I of Veterans’ Affairs, that our bill and benefits in the civilian work force like want to say very clearly that I would would change the reduction in force of their civilian counterparts. Unlike affirma- never advocate a veto of this bill by GAO as it affects, as it might affect, tive action programs, veterans’ preference any President of either party. I have veterans’ preference. We have discussed requires that veterans must be fully quali- fied and competitive for the preference to never in the time I have managed this this with Mr. BUYER, chairman of the apply. The law simply provides preference to bill as chairman of this subcommittee Committee on Veterans’ Affairs sub- a veteran in obtaining and retaining federal seen that likelihood carried out by committee. I have a letter from the employment provided the candidates or em- President Reagan or President Bush. GAO, and I would submit it for the ployees have equal qualifications. But I think we all understand that RECORD. It is to Mr. Detweiler, the Na- The American Legion requests that you none of us want to be treated dif- tional Commander of the American Le- preserve America’s contract with veterans ferently in this branch of Government gion, who has posed the problem in a and oppose the conference report for H.R. than anyone else in Government. letter of August 22, 1995. The Comptrol- 1854. Thank you for the continued leadership We want to make that clear to all ler General’s, Mr. Charles Bowsher let- on important veterans issues. the people who are observing our pro- ter assures the veterans that there is Sincerely, ceedings. If we are going to be asking WILLIAM M. DETWEILER, no intention of undermining veterans’ National Commander. loyal and hard-working Federal em- preference, and certainly I think this ployees to take furloughs and to have issue is cleared up as far as my under- Mr. FAZIO of California. Mr. Speak- their lives disrupted, certainly the standing of the bill is concerned. There er, first of all I do want to reference American public would think it impor- apparently has been a misunderstand- the last point made by my friend from tant that we share in that same strug- ing of section 212 of the conference re- California. I have been on the phone gle, that same burden. It would only be port. Mr. Bowsher’s letter clears that with the Assistant Secretary of Veter- fitting that we, therefore, indicate our up. And both Mr. BUYER and I wanted ans Affairs, Ed Scott. It is the adminis- interests in being treated alike. to make sure this is clarified. tration’s position that unless the lan- So, Mr. Speaker, I believe the motion The letters referred to are as follows: guage is changed, the Comptroller Gen- to recommit would instruct the con- COMPTROLLER GENERAL eral would retain the authority to pay ferees to wait until further progress OF THE UNITED STATES, less attention to veterans’ preference. I has been made on the other appropria- Washington, DC, September 1, 1995. appreciate the concern that I know the tions bills, would not tempt the White Mr. WILLIAM DETWEILER, gentleman from Indiana [Mr. BUYER] House to issue a veto, and is a middle National Commander, The American Legion, had, and I know that the gentleman ground that perhaps some of us would Washington, DC. from California [Mr. PACKARD] has just seek short of having a confrontation on DEAR MR. DETWEILER: I am very troubled by the August 22 letter, which you sent to indicated he shares, but I do think it is an issue that ought to be treated with members of Congress. Your assertion that important that we point out for the comity by both the executive and legis- section 211 of H.R. 1854 (the legislative record that this concern remains ex- lative branch. branch appropriations bill) would result in tant in the executive branch, and I also Mr. Speaker, just in completing my an erosion of veterans’ preference is erro- want to join with the gentleman from remarks, I want to pay tribute once neous. California [Mr. PACKARD] in saying it is again to the gentleman from California Section 211 provides no exemption from the not the intent of either the majority or [Mr. PACKARD] who has done an out- statutory requirement for veterans’ pref- the minority to have that effect, but I standing job in his first voyage as erence in a reduction-in-force. On the con- trary, section 211 specifically requires that would, for further clarification, include chairman of this subcommittee under GAO recognize veterans’ preference in devel- the letter from Jesse Brown, the Sec- very difficult circumstances. I voted oping its reduction-in-force rules. GAO will retary of Veterans Affairs, in the for this bill when it passed the House, do so. RECORD at this time: and, as a courtesy to him, I signed the September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8577 conference report. The conference does The SPEAKER pro tempore (Mr. NOES—243 make some significant improvements. LINDER). Is the gentleman opposed to Allard Frelinghuysen Myers It provides additional funds to CBO to the conference report? Andrews Frisa Myrick handle the needs of unfunded mandate Archer Funderburk Nethercutt Mr. OBEY. At the present time, Mr. Armey Furse Neumann analysis, which we recently gave them. Speaker, yes. Bachus Gallegly Ney It restores additional FTE’s to the The SPEAKER pro tempore. The Baker (CA) Ganske Norwood Government Printing Office, it restores Baker (LA) Gekas Nussle clerk will report the motion to recom- Ballenger Gilchrest Ortiz funds for our depository libraries mit. Barr Gillmor Oxley around the country, it reestablishes The Clerk read as follows: Barrett (NE) Gilman Packard the Joint Committee on Printing, it re- Bartlett Goodlatte Parker stores the Folk Life Center at the Li- Mr. OBEY moves to recommit the con- Barton Goodling Paxon ference report on H.R. 1854 (H. Rept. 104–212) Bass Goss Petri brary, and restores funding to the Li- to the Committee on Conference with in- Bateman Graham Pombo brary of Congress. For many Members struction that the conferees not meet until Bereuter Greenwood Porter an important provision: It keeps the subsequently instructed to do so by the Bilbray Gunderson Portman Flag Office alive, although the cost of Bilirakis Gutknecht Pryce House pursuant to clause 1(C) of rule XXVIII. Bliley Hall (TX) Quillen flags will rise to cover the full cost of The SPEAKER pro tempore. Without Blute Hancock Quinn the dissemination. objection, the previous question is or- Boehlert Hansen Radanovich But sadly it goes too deep in its cuts Boehner Hastert Rahall dered on the motion to recommit. in the GAO, more than a 15-percent cut Bonilla Hastings (WA) Ramstad There was no objection. Bono Hayes Regula below last year, and most regrettably, Boucher Hayworth Roberts and I share this with the gentleman The SPEAKER pro tempore. The Brewster Hefley Roemer from New York [Mr. HOUGHTON], our question is on the motion to recommit. Brownback Heineman Rogers The question was taken; and the Bryant (TN) Herger Rohrabacher colleague who chairs the board that Bunn Hilleary Ros-Lehtinen guides the Office of Technology Assess- Speaker pro tempore announced that Bunning Hobson Roth ment, rather than support the House the noes appeared to have it. Burr Hoekstra Roukema Burton Hoke Royce position that kept OTA alive under the RECORDED VOTE Buyer Horn Salmon Library of Congress, it actually does Mr. OBEY. Mr. Speaker, I demand a Callahan Hostettler Sanford away with the entity. So for those two recorded vote. Calvert Houghton Saxton Camp Hunter Scarborough reasons, Mr. Speaker, regrettably I A recorded vote was ordered. must oppose this conference report. Canady Hutchinson Schaefer Mr. Speaker, my most popular re- The vote was taken by electronic de- Castle Hyde Schiff vice, and there were—ayes 164, noes 243, Chabot Inglis Seastrand mark of the evening: I yield back the Chambliss Istook Sensenbrenner balance of my time. not voting 27, as follows: Chapman Johnson (CT) Shadegg Mr. PACKARD. Mr. Speaker, I yield [Roll No. 637] Chenoweth Johnson, Sam Shaw Christensen Jones Shays myself such time as I may consume. AYES—164 Chrysler Kasich Shuster Mr. Speaker, if Congress sent as the Abercrombie Gephardt Obey Clinger Kelly Skeen first appropriations bill the Labor-HHS Ackerman Gibbons Olver Coble Kim Skelton or some other appropriations bill with Baesler Gonzalez Orton Coburn King Smith (MI) an 8- or 9-percent cut to the President, Baldacci Gordon Owens Collins (GA) Kingston Smith (TX) Barcia Green Pallone Combest Klug Smith (WA) do my colleagues know what we would Barrett (WI) Gutierrez Pastor Cooley Knollenberg Solomon hear from the President? Why do you Becerra Hall (OH) Payne (NJ) Cox Kolbe Souder not cut yourselves first before cutting Beilenson Hamilton Payne (VA) Crane LaHood Spence Crapo Largent Stearns these other agencies? Bentsen Harman Pelosi Berman Hastings (FL) Peterson (FL) Cremeans Latham Stenholm We are cutting ourselves first. We Cubin Bevill Hefner Peterson (MN) LaTourette Stump Cunningham Laughlin Talent think that is appropriate. This is a Bonior Hilliard Pickett Davis Lazio Tate model for the rest of the appropriations Borski Hinchey Pomeroy Deal Leach Tauzin Browder Holden Poshard bills. We are proud to send it to the de la Garza Lewis (CA) Taylor (MS) Brown (CA) Jackson-Lee Rangel President first, but we think it will be Brown (OH) Jacobs DeLay Lewis (KY) Taylor (NC) Reed Bryant (TX) Jefferson Diaz-Balart Lightfoot Tejeda accompanied by several other bills. I Richardson Clay Johnson, E.B. Dickey Linder Thomas urge the Members to vote for it and to Rivers Clayton Johnson (SD) Doolittle Livingston Thornberry Rose vote against the motion to recommit. Clement Johnston Dornan LoBiondo Tiahrt Roybal-Allard Mr. Speaker, I yield back the balance Clyburn Kanjorski Dreier Longley Torkildsen Rush Coleman Kaptur Duncan Lucas Traficant of my time. Sanders Collins (IL) Kennedy (MA) Dunn Manzullo Upton Mr. Speaker, today, we in Congress, under Sawyer Collins (MI) Kennedy (RI) Ehlers Martini Vucanovich the leadership of the Republican majority, Condit Kennelly Schroeder Ehrlich McCollum Walker have the opportunity to end business as usual Conyers Kildee Schumer Emerson McCrery Walsh Costello Kleczka Scott English McHugh Wamp in Government. We have the opportunity to Skaggs prove to the American people that the change Coyne Klink Ensign McInnis Watts (OK) Cramer LaFalce Slaughter Everett McIntosh Weldon (FL) they voted for last November has not fallen on Danner Lantos Spratt Ewing McKeon Weldon (PA) deaf ears. DeFazio Levin Stark Fawell Metcalf Weller Through the hard work and diligence of both DeLauro Lewis (GA) Stockman Fields (TX) Meyers White Stokes the House and the Senate, we have crafted a Dellums Lipinski Flanagan Mica Whitfield Deutsch Lofgren Studds Forbes Miller (FL) Wicker legislative branch appropriations bill that cuts Dicks Lowey Stupak Fowler Molinari Wolf spending and returns sanity to congressional Dingell Luther Tanner Fox Montgomery Young (AK) expenditure. This bill indicates just how seri- Dixon Manton Thompson Franks (CT) Moorhead Zeliff Doggett Markey Thornton Franks (NJ) Murtha Zimmer ous we are about reshaping Government. By Thurman Dooley Martinez NOT VOTING—27 cutting our own budget, we have set the Doyle Mascara Torres standard for every other Federal agency and Durbin Matsui Torricelli Bishop McDade Sabo Towns taken the first crucial step toward a brighter, Edwards McCarthy Brown (FL) McKinney Serrano Engel McDermott Vela´ zquez Cardin Mfume Sisisky more prosperous future for our children. Eshoo McHale Vento Fattah Moakley Smith (NJ) I would encourage all of my colleagues to Evans McNulty Visclosky Foley Mollohan Tucker support H.R. 1854. Farr Meehan Volkmer Geren Morella Waldholtz The SPEAKER pro tempore. Without Fazio Meek Ward Hoyer Oberstar Waxman Fields (LA) Menendez Waters Lincoln Reynolds Wilson objection, the previous question is or- Filner Miller (CA) Watt (NC) Maloney Riggs Young (FL) dered. Flake Mineta Williams There was no objection. Foglietta Minge Wise b 1816 Ford Mink Woolsey MOTION TO RECOMMIT OFFERED BY MR. OBEY The Clerk announced the following Frank (MA) Moran Wyden Mr. OBEY. Mr. Speaker, I offer a mo- Frost Nadler Wynn pair: tion to recommit. Gejdenson Neal Yates On this vote: H 8578 CONGRESSIONAL RECORD — HOUSE September 6, 1995 Mrs. Maloney for, with Mr. Foley against. Payne (VA) Schiff Thornberry ANNUAL REPORT ON FEDERAL Peterson (MN) Schumer Tiahrt ADVISORY COMMITTEES 1994— Mr. TEJEDA changed his vote from Petri Seastrand Torkildsen ‘‘aye’’ to ‘‘no.’’ Pombo Sensenbrenner Torricelli MESSAGE FROM THE PRESIDENT Mr. FLAKE changed his vote from Porter Shadegg Towns OF THE UNITED STATES Portman Shaw ‘‘no’’ to ‘‘aye.’’ Traficant Poshard Shays Upton The SPEAKER pro tempore (Mr. So the motion to recommit was re- Pryce Shuster Visclosky CHAMBLISS) laid before the House the jected. Quillen Skeen Vucanovich following message from the President Quinn Skelton Walker The result of the vote was announced Radanovich Smith (MI) of the United States; which was read Walsh as above recorded. Ramstad Smith (TX) Wamp and, together with the accompanying Rangel Smith (WA) The SPEAKER pro tempore (Mr. Waters papers, without objection, referred to Reed Solomon INDER Watts (OK) L ). The question is on the con- Regula Souder the Committee on Government Reform ference report. Rivers Spence Weldon (FL) and Oversight: Pursuant to clause 7 of rule XV, the Roberts Spratt Weldon (PA) Weller yeas and nays are ordered. Roemer Stearns To the Congress of the United States: Rogers Stockman White As provided by the Federal Advisory The vote was taken by electronic de- Rohrabacher Stump Whitfield vice, and there were—yeas 305, nays Ros-Lehtinen Stupak Wicker Committee Act, as amended (Public 101, not voting 28, as follows: Roth Talent Wise Law 92–463; 5 U.S.C. App. 2, 6(c)), I am Roukema Tate Wolf submitting my second Annual Report [Roll No. 638] Royce Tauzin Woolsey on Federal Advisory Committees cov- YEAS—305 Salmon Taylor (MS) Wyden Saxton Taylor (NC) Young (AK) ering fiscal year 1994. Ackerman Diaz-Balart Johnson, E.B. Scarborough Tejeda Zeliff This report highlights continuing ef- Allard Dickey Johnson, Sam Schaefer Thomas Zimmer Andrews Dixon Johnson (SD) forts by my Administration to reduce Archer Dooley Jones NAYS—101 and manage Federal advisory commit- Armey Doolittle Kaptur tees. Since the issuance of Executive Bachus Dornan Kasich Abercrombie Green Pelosi Baesler Doyle Kelly Becerra Gutierrez Peterson (FL) Order No. 12838, as one of my first acts Baker (CA) Dreier Kennedy (RI) Beilenson Hall (TX) Pickett as President, we have reduced the over- Baker (LA) Duncan Kim Berman Harman Pomeroy all number of discretionary advisory Bonior Hastings (FL) Baldacci Dunn King Rahall committees by 335 to achieve a net Ballenger Edwards Kingston Browder Hefner Richardson Barcia Ehlers Kleczka Brown (CA) Hilliard Rose total of 466 chartered groups by the end Barr Ehrlich Klug Bryant (TX) Hinchey Roybal-Allard of fiscal year 1994. This reflects a net Barrett (NE) Emerson Knollenberg Clay Jacobs Rush Clyburn Jefferson reduction of 42 percent over the 801 dis- Barrett (WI) English Kolbe Sanders cretionary committees in existence at Bartlett Ensign LaHood Coleman Johnston Sanford Barton Eshoo Largent Collins (IL) Kanjorski Sawyer the beginning of my Administration— Collins (MI) Kennedy (MA) Bass Everett Latham Schroeder substantially exceeding the one-third Condit Kennelly Bateman Ewing LaTourette Scott Conyers Kildee target required by the Executive order. Bentsen Farr Laughlin Skaggs Coyne Klink Bereuter Fawell Lazio Slaughter In addition, agencies have taken Cramer LaFalce Bevill Fields (TX) Leach Stark steps to enhance their management DeLauro Lantos Bilbray Flake Lewis (CA) Stenholm Bilirakis Dellums Levin and oversight of advisory committees Flanagan Lewis (KY) Stokes Bliley Forbes Lightfoot Dingell Lewis (GA) to ensure these committees get down Studds Blute Ford (TN) Linder Doggett Lowey Tanner to the public’s business, complete it, Boehlert Fowler Lipinski Durbin Markey Thompson and then go out of business. I am also Boehner Fox Livingston Engel Martinez Thornton Bonilla Frank (MA) LoBiondo Evans Matsui pleased to report that the total aggre- Thurman Bono Franks (CT) Lofgren Fazio McDermott gate cost of supporting advisory com- Borski Franks (NJ) Longley Fields (LA) Meek Torres ´ mittees, including the 429 specifically Boucher Frelinghuysen Lucas Filner Miller (CA) Velazquez Brewster Frisa Luther Foglietta Moran Vento mandated by the Congress, has been re- Brown (OH) Funderburk Manton Frost Nadler Volkmer duced by $10.5 million or by over 7 per- Brownback Furse Manzullo Gejdenson Obey Ward cent. Bryant (TN) Gallegly Martini Gephardt Olver Watt (NC) Bunn Ganske Mascara Gibbons Owens Williams On October 5, 1994, my Administra- Bunning Gekas McCarthy Gonzalez Pastor Wynn tion instituted a permanent process for Burr Gilchrest McCollum Gordon Payne (NJ) Yates conducting an annual comprehensive Burton Gillmor McCrery review of all advisory committees Buyer Gilman McHale NOT VOTING—28 through Office of Management and Callahan Goodlatte McHugh Bishop McDade Serrano Calvert Goodling McInnis Brown (FL) McKinney Sisisky Budget (OMB) Circular A–135, ‘‘Man- Camp Goss McIntosh Cardin Mfume Smith (NJ) agement of Federal Advisory Commit- Canady Graham McKeon Dicks Moakley Tucker Castle Greenwood McNulty tees.’’ Under this planning process, Fattah Mollohan Waldholtz agencies are required to review all ad- Chabot Gunderson Meehan Foley Morella Chambliss Gutknecht Menendez Waxman visory committees, terminate those no Geren Oberstar Wilson Chapman Hall (OH) Metcalf Hoyer Reynolds longer necessary, and plan for any fu- Chenoweth Hamilton Meyers Young (FL) Lincoln Riggs ture committee needs. Christensen Hancock Mica Maloney Sabo Chrysler Hansen Miller (FL) On July 21, 1994, my Administration Clayton Hastert Mineta forwarded for your consideration a pro- Clement Hastings (WA) Minge b 1825 Clinger Hayes Mink posal to eliminate 31 statutory advi- Coble Hayworth Molinari The Clerk announced the following sory committees that were no longer Coburn Hefley Montgomery pair: necessary. The proposal, introduced by Collins (GA) Heineman Moorhead Combest Herger Murtha On this vote: then Chairman GLENN of the Senate Cooley Hilleary Myers Committee on Governmental Affairs as Costello Hobson Myrick Mrs. Waldholtz for, with Ms. McKinney S. 2463, outlined an additional $2.4 mil- Cox Hoekstra Neal against. lion in annual savings possible through Crane Hoke Nethercutt Crapo Holden Neumann Mr. PALLONE changed his vote from the termination of these statutory Cremeans Horn Ney ‘‘nay’’ to ‘‘yea.’’ committees. I urge the Congress to Cubin Hostettler Norwood So the conference report was agreed pursue this legislation—adding to it if Cunningham Houghton Nussle possible—and to also follow our exam- Danner Hunter Ortiz to. Davis Hutchinson Orton ple by instituting a review process for de la Garza Hyde Oxley The result of the vote was announced statutory advisory committees to en- Deal Inglis Packard as above recorded. sure they are performing a necessary DeFazio Istook Pallone DeLay Jackson-Lee Parker A motion to reconsider was laid on mission and have not outlived their Deutsch Johnson (CT) Paxon the table. usefulness. September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8579

My Administration also supports tleman from Indiana [Mr. BURTON] is lusion down there that it boggles the changes to the Federal Advisory Com- recognized for 5 minutes. mind. For Judge Henry Woods to par- mittee Act to facilitate communica- Mr. BURTON of Indiana. Mr. Speak- ticipate and render the decision he did tions between Federal, State, local, er, about 4 or 5 weeks ago I took a spe- last week regarding Jim Guy Tucker is and tribal governments. These changes cial order talking about a judge in Ar- just beyond comprehension. are needed to support this Administra- kansas, in Little Rock, a Federal judge As a matter of fact, I would like to tion’s efforts to expand the role of who has close political ties to the cur- just read one thing that was said in the these stakeholders in governmental rent Governor, Jim Guy Tucker, and newspaper article which I think was policy deliberations. We believe these President Clinton, and particularly the put in the paper today. ‘‘It’s typical actions will help promote better com- First Lady, Hillary Rodham Clinton. hometown anger at the Feds coming munications and consensus building in Judge Henry Woods has been a long- in,’’ says James Madison University a less adversarial environment. time political adviser to the President political science professor Robert Rob- I am also directing the Adminis- and to Mrs. Clinton. He has appointed erts. ‘‘But if it hadn’t been for Federal trator of General Services to undertake her to a number of boards. He recently prosecutors, the level of scandal at the a review of possible actions to more was given a case involving the current local and State level would be 10 times thoroughly involve the Nation’s citi- Governor, Jim Guy Tucker, which was greater than it is today,’’ Roberts pre- zens in the development of Federal de- brought to his attention and put before dicted. This is the part I want to put in cisions affecting their lives. This re- his court by Mr. Starr, who is inves- the CONGRESSIONAL RECORD. In particu- view should focus on the value of citi- tigating the Whitewater matter and lar, ‘‘Roberts predicted Starr would zen involvement as an essential ele- other related matters. win on appeal,’’ that is the decision by ment of our efforts to reinvent Govern- At that time, when I had my special Judge Henry Woods he is going to ap- ment, as a strategic resource that must order. I suggested that in order to peal, that ‘‘Roberts predicted Starr be maximized, and as an integral part eliminate any appearance of impropri- would win on appeal because of the of our democratic heritage. This effort ety, Judge Henry Woods should recuse long tradition of granting independent may result in a legislative proposal to himself and not be the judge to hear counsels widespread discretion. This is promote citizen participation at all this case, because no matter what he nothing for President Clinton to cheer levels of government consistent with did, if he rendered a decision in favor of about,’’ says Roberts. ‘‘He is best the great challenges confronting us. Mr. Tucker, Governor Tucker, it would served by letting the investigation run We continue to stand ready to work have the appearance of impropriety. its course quickly, and this just delays with the Congress to assure the appro- One of the other judges down there in things.’’ priate use of advisory committees and a related case dealing with Webb Hub- I submit to my colleagues here in the to achieve the purposes for which this bell, who was indicated and convicted, House that the reason for this delay is law was enacted. you remember Webb Hubbell, he was because of the close personal relation- WILLIAM J. CLINTON. the Assistant Attorney General ap- ship Judge Henry Woods has with First THE WHITE HOUSE, September 6, 1995. pointed by President Clinton, did Lady Hillary Rodham Clinton and f recuse himself. He did it because he other people in the Jim Guy Tucker ad- felt like the appearance of impropriety ministration. It is unfortunate this REPORT ON ACTIVITIES OF THE was something that should not even be happened. It should not have happened. U.S. GOVERNMENT IN UNITED considered by a Federal judge. He should have recused himself. NATIONS, 1994—MESSAGE FROM I urged during my special order that The material referred to follows: THE PRESIDENT OF THE UNITED Judge Henry Woods recuse himself, as [From the USA TODAY] STATES the other Federal judge did in a related INDEPENDENT COUNSEL CHALLENGED case, but Judge Henry Woods did not The SPEAKER pro tempore laid be- (By Tony Mauro) do that. This week it was announced fore the House the following message A Little Rock federal judge’s decision that he dismissed one of the indictable from the President of the United Tuesday to dismiss fraud indictment against offenses against Governor Jim Guy States; which was read and, together Arkansas Gov. Jim Guy Tucker marks the Tucker, and it certainly does give the with the accompanying papers, without first time the broad powers of an independ- appearance of impropriety because of ent counsel have been trimmed. objection, referred to the Committee this connection with Jim Guy Tucker U.S. District Judge Henry Woods said on International Relations: and the people who are currently resid- Whitewater independent counsel Kenneth To the Congress of the United States: ing in the White House, as well as Starr overstepped his authority in June by I am pleased to transmit herewith a indicting Tucker of fraud charges related to other Democrat leaders throughout Ar- a federal loan to finance a cable TV venture. report of the activities of the United kansas. Starr contends the judge has no authority States Government in the United Na- Tonight I would like to submit for to rule on the scope of the investigation, tions and its affiliated agencies during the RECORD, Mr. Speaker, all of the in- which was launched to look into irregular- the calendar year 1994. The report is re- formation I have regarding Judge ities relating to the Whitewater real estate quired by the United Nations Partici- Henry Woods, my previous special venture in which President Clinton and Hil- pation Act (Public Law 264, 79th Con- order, an article that was written by a lary Rodham Clinton were partners. gress; 22 U.S.C. 278b). person from little Rock who served in ‘‘I cannot accept the proposition that . . . no court has the power to determine where WILLIAM J. CLINTON. the Arkansas State Senate with Judge there is jurisdiction to proceed in the mat- THE WHITE HOUSE, September 6, 1995. Henry Woods when he was in the Sen- ter,’’ wrote Woods, a 1979 Carter appointee. f ate, and I would like for all of these ar- Starr promptly announced he would seek ticles to be included in the CONGRES- an expedited review by a federal appeals b 1830 SIONAL RECORD so at some future date, court in St. Louis. Tucker still faces an 11-count indictment SPECIAL ORDERS if Judge Henry Woods renders decisions that are of concern to Members of the stemming from dealings with Madison Guar- The SPEAKER pro tempore (Mr. anty Savings & Loan, which was owned by House, there will be a record in the the Clintons’ Whitewater partners, James CHAMBLISS). Under the Speaker’s an- CONGRESSIONAL RECORD. nounced policy of May 12, 1995, and and Susan McDougal. They also have been Mr. Speaker, I would also like to say indicted. under a previous order of the House, to all who are on the Committee on The ruling comes amid debate over the the following Members will be recog- Government Reform and Oversight power of independent counsels, a hybrid nized for 5 minutes each. that we ought to have a complete and breed of prosecutors created by a post-Water- f thorough hearing on the Whitewater gate federal law in 1978. case and all the related cases, includ- Independent counsels are appointed by a three-judge panel at the request of the attor- JUDGE HENRY WOODS AND THE ing the one currently pending before WHITEWATER CASE ney general when a high-level official is sus- the courts involving Jim Guy Tucker, pected of violating federal law. The SPEAKER pro tempore. Under a the Governor of Arkansas, I think Originally viewed as properly insulated previous order of the House, the gen- there is so much that appears to be col- from political influence, critics now say H 8580 CONGRESSIONAL RECORD — HOUSE September 6, 1995 independent counsels are too insulated—po- Starr said his office will seek an expedited Woods’s letter to Foster was turned over to litically unaccountable and prone to lengthy appeal of Woods’s ruling before the 8th U.S. congressional investigators by the White fishing expeditions that go far beyond the Circuit Court of Appeals and then the Su- House. original allegations. preme Court, if necessary. ‘‘The logic of the law is to sweep in more Appearing before Woods in Little Rock WHO IS HENRY WOODS? and more potential cases, things the Justice yesterday morning, Starr argued that his Last year, the President was reminiscing Department would not have punished,’’ says evidence against Tucker was sufficiently re- with Connie Bruck of The New Yorker about former Justice Department official Terry lated to the main areas of his investigation his 1990 gubernatorial race. At one point, he Eastland, who wrote a book on independent to justify his bringing an indictment. said, he was undecided about running and an counsels. ‘‘It becomes a very messy business Even if Woods did not agree, Starr said, influential Arkansan came up with a sub- and it’s bad for the system.’’ the judge did not have the authority to limit stitute: Hillary Clinton. The powerful mem- Starr, a former Republican administration the powers of an independent counsel’s activ- ber of the Arkansas political family ‘‘des- official, came under attack in Arkansas and ity. perately wanted her to run for governor,’’ The scope of such a probe has never been in the White House for straying beyond the President told Ms. Bruck, ‘‘and it got out successfully challenged ‘‘since Watergate, Whitewater and reviewing every political and around the state.’’ since the scandals that gave rise to the Eth- transaction in recent Arkansas political his- That gentleman was Judge Henry Woods of ics in Government Act’’ under which he was tory. the U.S. District Court for the Eastern Dis- appointed, he said. Attorney General Janet ‘‘It’s typical hometown anger at the feds trict of Arkansas. ‘‘Henry,’’ a friend of the Reno filed a court brief in support of Starr’s coming in,’’ says James Madison University judge told Ms. Bruck, ‘‘just hangs the moon political science professor Robert Roberts. position. But Woods disagreed. ‘‘I cannot accept the on Hillary.’’ Judge Woods has contributed 15 ‘‘But if it hadn’t been for federal prosecu- proposition that a citizen can be put on trial years of distinguished service to the judici- tors, the level of scandal at the local and in my court for a loss of his liberty, and that ary, particularly in the long-running Little state level would be 10 times greater than it no court has the power to determine whether Rock school desegregation cases. At a criti- is today.’’ there is jurisdiction to proceed in the mat- cal point in 1987, Judge Woods named Mrs. Roberts predicted Starr would win on ap- ter,’’ he wrote. ‘‘Surely the independent Clinton counsel to a citizens’ committee peal because of the long tradition of granting counsel and attorney general do not suggest working for racial balance in the schools. ‘‘I independent counsels wide discretion. called on Hillary a lot,’’ he told Ms. Bruck. ‘‘This is nothing for President Clinton to that there can be no judicial review of pros- ecutorial jurisdiction of an independent ‘‘She was not just functioning as advisor to cheer about,’’ says Roberts. ‘‘He is best- the committee.’’ served by letting the investigation run its counsel. .. . Such a precedent would be both course quickly, and this just delays things.’’ novel and dangerous.’’ * * * * * Starr had argued that one of the elements Gov. Tucker has angrily declared his inno- of the June indictment stemmed from a busi- [From the Washington Post, Sept. 6, 1995] cence and says he may challenge Independ- ness deal between Tucker and David Hale, ent Counsel Kenneth Starr’s jurisdiction. ONE WHITEWATER INDICTMENT OF TUCKER owner of Capital Management Services, ‘‘None of the allegations,’’ Gov. Tucker said, DISMISSED which Starr is investigating along with ‘‘involve President Clinton, Mrs. Clinton or FEDERAL JUDGE RULES INDEPENDENT COUNSEL McDougal’s savings and loan association, any other person in the executive branch STARR EXCEEDED HIS AUTHORITY IN TAX CASE Madison Guaranty. that the regular U.S. Attorneys would have (By Susan Schmidt) Starr said the second Tucker indictment had a conflict in prosecuting.’’ As we have A federal judge yesterday dismissed one of shows that the crimes alleged in the June in- noted in regard to the Clintons, this is cor- two indictments against Arkansas Gov. Jim dictment were directly tied to Capital Man- rect in a narrow sense; but it is also true Guy Tucker on grounds that the prosecutor, agement and to Madison. that the indictments and guilty pleas so far Tucker was accused in the dismissed in- Whitewater independent counsel Kenneth W. obtained by Mr. Starr paint a disturbing pic- dictment of falsifying a loan application to Starr, exceeded his authority in bringing the ture of the political and business landscape Capital Management, a company funded by case. from which the President and First Lady U.S. District Judge Henry Woods threw out the federal Small Business Administration emerged. a June tax fraud and conspiracy indictment to make loans to disadvantaged businesses. Understandably, for example, Gov. Tucker He allegedly used the money he borrowed of Tucker and two other men involved with would have preferred that ‘‘the regular U.S. from Capital Management to help purchase a him in a cable television venture, saying the Attorney’’ handle his case. That would be cable television company, then sold the com- case ‘‘bears no relation whatsoever’’ to the Paula Casey, the long-time Friend of Bill pany and allegedly conspired to avoid paying questions Starr was charged with investigat- who first received criminal referrals from several million dollars in federal taxes. the Resolution Trust Corp. allegedly naming ing. A second bank fraud indictment of Tucker has not sought a dismissal of the the Clintons and Mr. Tucker. After making Tucker, handed up last month, still stands. second 21-count indictment, in which James some crucial decisions, Ms. Casey belatedly Tucker has not sought dismissal of that in- and Susan McDougal are also named as de- recused herself from the Madison Guaranty dictment, which relates more directly to the fendants. The three are accused of engineer- case, in November 1993, in the midst of a six- Whitewater investigation. That case is being ing financing for millions of dollars in alleg- week period which saw Treasury contacts handled by a different judge. edly phony real estate transactions through The 21-page ruling, issued after 11⁄2 hours of with the White House, Bruce Lindsey inform- Madison and Capital Management. oral arguments, touches on the controversial Tucker, a Democrat, has complained that ing the President about the referrals, two question of how broad a special prosecutor’s he is being made a scapegoat in a politically Clinton Tucker meetings, and Associate At- authority should be in pursuing evidence not motivated investigation, and he has made torney General Webster Hubbell’s own directly connected to the central theme of much of Starr’s Republican background. recusal from Whitewater matters. an investigation. Even if Woods’s ruling is overturned, it The problem, of course, is that everyone Objections to broad inquires have been will delay by many months Tucker’s trial on from the Arkansas political culture comes raised in other independent counsel inves- the first set of charges, pushing it well into from the Arkansas political culture. When it tigations, including the probe of former agri- next year. If Tucker prevails on appeal, come time for Mr. Hubbell to plead guilty to culture secretary Mike Espy. Starr would turn the case over to the attor- a scheme to defraud the government and his Woods agreed with Tucker’s lawyers that ney general for prosecution. former partners at the Rose Law Firm, he the allegations had nothing to do with the Woods, appointed to the federal bench by stood before U.S. District Court Judge Wil- independent counsel’s mandate to inves- President Jimmy Carter, has had a long- liam Wilson in Little Rock. Two days after tigate the interrelationships between two de- standing professional relationship with Hil- the plea, Judge Wilson stepped down from funct Arkansas lending institutions and the lary Clinton who practiced law in Arkansas the case, saying his contacts with the Clin- two couples who owned the Whitewater De- until her husband was elected president. tons over the years might be misconstrued. velopment Corp.—Bill and Hillary Rodham Woods wrote to late deputy White House ‘‘Not only must you do justice,’’ Judge Wil- Clinton and James B. and Susan McDougal. counsel Vincent W. Foster Jr. in June 1993 to son said, ‘‘you must have an appearance of It was not enough, the judge said, that ask whether he should grant an interview to doing justice.’’ Starr ‘‘fortuitously stumbled across the de- a reporter from Mother Jones magazine who Naturally Judge Woods has the same sort fendants’ alleged violation of law.’’ The au- was preparing an article on Hillary Clinton. of associations. Now 77, he was for some 40 thority to bring charges against Tucker rest- In a written inquiry to Woods, the reporter years a close associate of Arkansas financier ed with the Justice Department, he said. said she wanted to interview him because he and legislator Will Stephens—head of the The issues raised in the tax fraud indict- had appointed Hillary Clinton to a trial ad- Stephens Inc. investment giant until his ment ‘‘were not related in any way to the in- vocacy panel early in her career and later to death in 1991. * * * Mr. Woods later fought vestigation of Whitewater,’’ said Tucker’s the committee on the Little Rock school de- segregationist Gov. Orval Faubus and was a lawyer, William H. Sutton. ‘‘We felt the segregation case. supporter of current Sen. Dale Bumpers and independent counsel legislation was very ‘‘Would you take this up with Hillary or Rep. Ray Thornton, among others. Messrs. special, applicable to a defined set of people, her press secretary and give me instructions Clinton, Tucker, Hale, and James McDougal primarily high officials in the federal gov- as to whether this interview should be grant- of Madison Guaranty fame all got their early ernment.’’ ed?’’ Woods asked Foster. political education from one of the towering September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8581 figures in Arkansas politics, former Sen. his former firm. Under the sentencing guide- attle. But we have no way of knowing. That is William Fulbright. It’s a tight, if sometimes lines, Mr. Hubbell was required to serve a why so many people are so concerned about feuding, family. mandatory minimum sentence unless the inde- the many improper contacts between the Mr. Woods actively supported Mr. Bump- ers’ 1970 gubernatorial run. In 1974, Gov. pendent counsel asked the presiding judge for White House staff and the Treasury Depart- Bumpers knocked Sen. Fulbright out of the leniency. Mr. Starr replied to Mr. Hubbell's re- ment. Democratic primary and went on to the Sen- quest by stating that he had no intention to The judge assigned to preside over the ate; Mr. Fulbright went to work for the ask for leniency. Tucker case is Judge Henry Woods. For some Saudis and Stephens Inc. In 1978, Mr. Woods The fact that Mr. Starr had no intention of background on Woods I refer my colleagues supported Mr. Stephens’ nephew. Mr. Thorn- asking for the court to be lenient with Mr. Hub- to the Wall Street Journal editorial I quoted ton, in a three way primary race against bell leads us to believe that Hubbell did little earlier, as well as a column by former elected then U.S. Rep. Tucker and David Pryor for to help Starr's investigation. Arkansas Supreme Court Justice Jim Johnson the Democratic nomination to the Senate After he left the Justice Department, Hubbell that ran in the June 23, 1995, edition of the President Carter nominated Mr. Woods to the federal bench in 1979; when he was sworn landed a new job at G. William Miller and Co., Washington Times. I ask that these articles be in, Gov. Clinton saluted him, saying he was the law firm of Michael Cardozo. Cardozo is entered into the RECORD. a man who would ‘‘feel the pain’’ of the peo- the former Clinton Justice Department official Judge Woods is a longtime member of the ple. who handles the Clintons' legal defense fund. Arkansas political elite. He is a major power The defendant to the contrary, the Tucker He became notable in the summer of 1993 broker in the Arkansas Democrat Party. He case is not just another case, but one preg- because he spent the entire weekend with served as chief assistant to Democratic Gov- nant with implications for the President, the Vincent Foster 3 days before Foster's death. ernor Sid McMath. He freely admits that he is First Lady and the whole circle of the Webster Hubbell and Michael Cardozo spent good friends with Bill and Hillary Clinton. judge’s friends and associates. Judge Woods can best honor his distinguished record on the weekend at the Eastern Shore secluded Judge Woods named Mrs. Clinton to a State the bench by following Judge Wilson’s exam- with Mr. Foster and his wife. Both have panel to work toward racial balance in ple and stepping aside. claimed that Foster did not seem unusually schools. Woods and McMath later went on to depressed, even though investigators have form a law partnership, McMath, Leatherman WEBSTER HUBBELL AND GOV. JIM GUY TUCKER cited Foster's depression as the reason for his and Woods. McMath's son, Sandy McMath, a Mr. Speaker, I would like to talk today about suicide 3 days later. member of the law firm, was an instrumental the conviction of Webster Hubbell, the indict- And somehow, Mr. Hubbell's wife was of- leader in the early political campaigns of Jim ment of Gov. Jim Guy TuckerÐboth close fered a job at the Interior Department after Mr. Guy Tucker. So even if Judge Woods and friends of President ClintonÐand the two Ar- Hubbell entered his plea. We now know that Governor Tucker are not the best of friends, kansas judges overseeing these cases. Mrs. Hubbell's hiring was orchestrated by talks they are undoubtedly members of the same The judge in Webster Hubbell's case between the White House and the Interior De- tightly knit network from which Bill Clinton stepped aside because of his close ties to all partment. Since Mr. Hubbell and his wife were emerged. of Arkansas' top Democrat politicians. The both being employed by their friends, many In the Webster Hubbell case, Judge Wilson judge in Governor Tucker's case has made no people wonder whether he cooperated with realized immediately that he had no business move to recuse himself, even though many the Starr probe as much as he might have. trying the case. Even if he could have been observers believe he has even more conflicts The judge originally assigned to preside completely objective, many people would still of interest. over the Hubbell case was one William Wilson question what they saw as the appearance of Mr. Speaker, about a month ago former As- in Little Rock. However, as is so often the a conflict. In the Jim Guy Tucker case, Judge sociate Attorney General Webster Hubbell was case among the political and social elite of Ar- Woods has given us no indication that he in- sentenced to 21 months in prison. On Decem- kansas, Judge Wilson had close associations tends to recuse himself, despite his multiple ber 6, 1994, Mr. Hubbell pled guilty to one with Bill and Hillary Clinton, and before be- potential conflicts of interest. With Judge count of mail fraud and one count of tax eva- coming a judge was very active in the Arkan- Woods, the conflict of interest is more than sion to the independent counsel investigating sas Democrat Party. Judge Wilson realized just an appearance. it is a very serious matter. Whitewater, Kenneth Starr. Last week, Mr. the possible conflict of interest, and 2 days QUESTIONS Hubbell, who a little more than a year ago was after Mr. Hubbell's guilty plea he recused him- If Jim Guy Tuckers's attorneys move to the Nation's third highest ranking law officer, self from the case. In doing so, Judge Wilson throw out the indictments claiming that Ken- testified before the Senate about the death of stated, ``Not only must you do justice, you neth Starr has exceeded his jurisdiction, would Vincent Foster and the obstructions of the in- must have an appearance of doing justice.'' I Judge Woods' many ties to the State Demo- vestigation at the White House. take that quote from an editorial in the June crat Party color his decision? I would like to talk for a moment about Web- 21, 1995 edition of the Wall Street Journal and What other connections exist between ster Hubbell. He is often characterized in the ask that this editorial be entered into the Judge Woods and Governor Tucker that we media as the President's frequent golfing part- RECORD. do not know about? ner. But he is much more than that. This editorial raises an interesting question, With Judge Wilson's recusal due to possible Mr. Hubbell was a partner along with Hillary because we are awaiting the trail of Bill Clin- conflicts of interest in the Hubbell case, is it Clinton, William Kennedy III, and the late Vin- ton's successor as Governor of Arkansas, Jim not in Judge Woods' best interest, after a long cent Foster at Little Rock's powerful Rose law Guy Tucker. On June 7, 1995, Governor Tuck- and illustrious career, to follow his example firm. In fact, Mr. Hubbell served as the firm's er and two associates were indicted by a Fed- and recuse himself? managing partner. He also served as mayor of eral grand jury in Little Rock. Governor Tucker What did Jim Guy Tucker and Bill Clinton Little Rock, and was appointed by then-Gov- was indicted for fraudulently obtaining a feder- talk about at their meeting at the White House ernor Bill Clinton as interim chief justice of the ally-backed small business loan and evading in 1993? How can we ever know for sure Arkansas State Supreme Court. taxes and is facing up to 12 years in prison if whether or not they shared confidential infor- He came to Washington with the Clintons convicted. mation about the RTC criminal referrals that after the 1992 election and, in the opinion of On October 6, 1993, Jim Guy Tucker and had been revealed to the White House? many Washington insiders, ran the Justice De- President Bill Clinton met privately at the What did Jim Guy Tucker and Bill Clinton partment until Janet Reno was confirmed by White House. About a week before this meet- talk about in their meeting in Seattle? the Senate. Mr. Hubbell resigned as Associate ing, White House counsel, Bernard Nuss- David Hale.ÐWhen Jim Guy was indicted, Attorney General in March 1994, after his baum, and White House advisor, Bruce the media were quick to proclaim that the in- former partners at the Rose law firm began to Lindsey, and other top administration officials dictment was not connected in any way to Bill investigate him for overbilling some of his cli- were informed of the fact that the Resolution and Hillary Clinton. But this is not the case. ents, including the Federal Government for Trust Corporation had forwarded criminal re- The charges brought by the independent work done in a case against the auditors of ferrals regarding Madison Guaranty Savings counsel against Governor Tucker are the di- Madison Guaranty Savings and Loan. Now, and Loan to the Justice Department. These rect result of testimony and documentary evi- like many of the President's friends from Ar- criminal referrals named not only Bill and Hil- dence provided by Judge David Hale. kansas, Mr. Hubbell has left the Government lary Clinton but also Jim Guy Tucker. Judge Hale is the same man who has ac- in disgrace and legal trouble. The White House has stated that President cused the President of pressuring him to ap- On June 23, 1995, Mr. Hubbell asked the Clinton and Governor Tucker never discussed prove an illegal loan in 1986 to obtain funds judge presiding over his case for leniency, these criminal referrals, neither at the White to help the failing Madison Guaranty Savings stating that he had made proper restitution to House meeting nor at a later meeting in Se- and Loan. H 8582 CONGRESSIONAL RECORD — HOUSE September 6, 1995 Judge Hale pled guilty to defrauding the Research Service, and GAO, and the functions rolled into other committees Small Business Administration. He has testi- National Academy of Sciences. This that were duplicating what the Com- fied to a Federal grand jury that he was pres- saves at least $18 million. mittee on Merchant Marine and Fish- sured by Gov. Bill Clinton and his Whitewater We downsized bloated bureaucracies. eries were doing. partner, James McDougal, and by Jim Guy The bill cuts, again, the duplicative Mr. FOX of Pennsylvania. Frankly, Tucker, to provide an illegal $300,000 loan to Government Accounting Office funding the gentleman from Georgia has led McDougal's wife, Susan McDougal. This loan by 17 percent, which will save $75 mil- the way here in Congress, I would say. was never repaid, and more than $100,000 of lion. It cuts the number of congres- What we are trying to do is take a page the loan reportedly ended up in Whitewater sional staff. Some $57 million was cut out of the American industries’ book. Development Company's account. from House operations, Mr. Speaker, If you are running a corporation, you The day after the Tucker indictment, Mr. including committee staff, Members’ want to make sure the bottom line is Starr secured a guilty plea from Stephen A. allowances, and the House support of- that, ‘‘We are doing our services and Smith, who was one of Bill Clinton's top aides fices. It cuts by one-third the House we are not wasting, because if we are during his first term as Arkansas Governor. franking privileges for the congres- wasting, then we are not delivering for Smith pleaded guilty to defrauding the Small sional mail. It further eliminates three the taxpayer,’’ or in the case of busi- Business Administration, lying to obtain committees and 25 subcommittees. ness, a customer, what is a fair return $65,000 from David Hale's lending agency, While this is a good start, and there on their investment. Capital-Management Services. have been millions of dollars saved We want to make sure we are doing The indictment of Jim Guy Tucker and the here in the House, and we know it will exactly what the American public guilty plea of Stephen Smith show us that the also happen in the Senate, we know as wants, I think whether it is the grand juryÐmade up, incidentally, of normal we move forward to look to each of the downsizing of the Federal bureaucracy citizens of Arkansas, not a bunch of right-wing Federal agencies that are in existence and agencies duplicating each other’s Clinton critics is looking closely at the docu- we will downsize, privatize, consoli- work or whether it is the line item ments and listening very carefully to the testi- date, and make sure that we are giving veto, which the House has now passed. mony offered by David Hale. The actions for the American taxpayers real serv- We are waiting for the conference com- taken by Mr. Starr tell us that both the inde- ices for the tax dollars and eliminating mittee from the Senate’s passage of a pendent counsel's office and the grand jury waste, just as we have seen in local slightly different bill, and eventually consider David Hale a credible witness. businesses all across the country. the President’s signature, that line f Where people at their own homes are item veto will cut out the wasteful The SPEAKER pro tempore. Under a trying to save money, we can do no less pork barrel which every taxpayer in previous order of the House, the gentle- for the American taxpayer here in Con- every jurisdiction knows has caused a gress. woman from Washington [Mrs. SMITH] great deal of harm, along with un- Mr. KINGSTON. Mr. Speaker, will is recognized for 5 minutes. funded mandates, which we passed. the gentleman yield? Mr. KINGSTON. The other thing I [Mrs. SMITH of Washington ad- Mr. FOX of Pennsylvania. I yield to dressed the House. Her remarks will think is important to emphasize is that the gentleman from Georgia. we are not sitting around waiting on appear hereafter in the Extensions of Mr. KINGSTON. Mr. Speaker, I ap- Remarks.] the line item veto to be responsible, preciate what the gentleman is saying. nor are we set back by the fact that the f Having just returned from a series of other body did not pass the balanced meetings, what people have said is they budget amendment. ACCOMPLISHMENTS OF THE RE- are interested in consolidating, elimi- PUBLICAN MAJORITY REGARD- It is clear that the American people nating, reducing programs, but at the want the budget balanced, so every one ING APPROPRIATIONS MEAS- same time they want to make sure URES of our 13 appropriation bills moves us that Congress has stepped forward. in the direction of balancing the budg- The SPEAKER pro tempore. Under a If I heard the gentleman correctly, et by the year 2002. previous order of the House the gen- the bottom line of the congressional Mr. FOX of Pennsylvania. This is the tleman from Pennsylvania [Mr. FOX] is cuts, about $67 million—is that the first year since 1969 that we have actu- recognized for 5 minutes. number the gentleman mentioned? I ally had a balanced budget here in Con- Mr. FOX of Pennsylvania. Mr. Speak- was off the floor and I was not sure. I gress, and we did it without having, as er, as we move forward to the fiscal think that is about the figure we are you say, even though we passed the 1996 legislative branch legislation deal- talking about. balanced budget amendment and it has ing with the budget, I think it is im- Mr. FOX of Pennsylvania. That is not been passed in the Senate, we did portant to note, Mr. Speaker, that the about the figure. conference report to the legislative Mr. KINGSTON. We have 163 dif- not wait for that to happen, we made branch appropriations bill, H.R. 1854, ferent Federal job training programs. sure we moved along. I thank the gen- ends 40 years of bloated congressional We have 240 different miscellaneous tleman from Georgia [Mr. KINGSTON] bureaucracy. The bill shows that House education programs that the Federal for his leadership in allowing us to Republicans are keeping their word to Government funds, 30 different nutri- move along in this dialog in the make Congress less costly and more ac- tion programs. There is clearly room to progress of reducing the cost of the countable to the American people. We consolidate. Yet, if you picked up the Federal Government. are doing that by cutting our own headlines and heard that FOX or KINGS- f spending first before cutting any other TON moved to cut 25 different job train- AVOIDING THE TRAIN WRECK OF Federal programs, with the principle in ing programs, people back home would A GOVERNMENT SHUTDOWN mind, of course, Mr. Speaker, to make think you have gone berserk, but yet sure that vital services are retained, you still have some 135 other job train- The SPEAKER pro tempore. Under a but where there is duplication and ing programs left. previous order of the House, the gen- waste, that is removed. I think what Congress is doing is try- tleman from Pennsylvania [Mr. GEKAS] By way of recapitulation, Mr. Speak- ing to set an example that, in eliminat- is recognized for 5 minutes. er, let us look to see what has been ac- ing 25 committees, we are taking this Mr. GEKAS. Mr. Speaker, the train complished. First we have put our own real serious. I was a member of two of wreck about which everyone is speak- House in order by reducing congres- the committees that were eliminated. ing these days is to occur if the Con- sional funding of $207 million below the Last year I served on the Committee gress fails to pass the 13 appropriations fiscal year 1995 levels, which was a 9- on Merchant Marine and Fisheries. In bills, or having passed them, if the percent cut. We also eliminated dupli- the coastal area of the district I rep- President of the United States vetoes cative bureaucracies. The bill elimi- resent we have a lot of marine issues, them. Then we will have reached the nates the Office of Technology Assess- shipping issues, dredge issues, Corps of point where, with no budget, the Gov- ment, whose functions have already Engineers, and so forth. However, that ernment shuts down. This is an abso- been duplicated by CRS, Congressional committee has been eliminated, those lute crime against the people of the September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8583 United States to allow its Government b 1845 right now does not know how much a to shut down. broken arm or broken leg is going to FOUR SIGNIFICANT CHANGES IN What can we do about it? The train cost. MEDICINE On an Internet system, they can fig- wreck requires two trains. All we have The SPEAKER pro tempore (Mr. ure it out, figure out what orthopedists to do is stop, look, and listen, and take CHAMBLISS). Under a previous order of are charging, which ones are the best steps to avert the train wreck. We have the House, the gentleman from Georgia at this, which hospitals will get them those in place, if only we would utilize [Mr. KINGSTON] is recognized for 5 min- in and out the fastest, and so forth. them. What are they, Mr. Speaker? No. utes. That would be the case with every op- 1, for almost every term since I have Mr. KINGSTON. Mr. Speaker, there eration. You could go in there, plug in been here this same train wreck has are four significant changes that are whatever your ailment is, and see how loomed in the vision and the future of happening in our society that have to much it costs for certain treatments, each Congress since 1980, I believe. do with the field of medicine and the and so forth, and see who is best at it. What happens? When September 30 reason that medicine right now is I think that is going to make medicine comes and no budget has been enacted, going to be a hotly debated subject in a lot more competitive. then the Congress engages in all kinds the coming months, in the coming Those are some of the technological of legalistic and legislative contortions years, in our society. things, but I would say that the Fed- to keep the Government going until I would say that those changes are eral Government’s way of looking at the next impasse should occur, with philosophical changes, No. 1, in Wash- medicine is with a slide rule, but we still a deadline that has not produced a ington, which I hate to use it but will, are in the world of pocket calculators budget. is a new paradigm, a new way of look- now and we have to move. We have to ing at things; No. 2, technological make that change. If the President of the United States changes; No. 3, the possible bankruptcy Then, No. 3, Medicare. The April should veto the appropriation bills that of Medicare; No. 4, changes in the Med- trustees’ report said clearly that Medi- the House passes, he will be saying in icaid delivery system. care will go bankrupt in 6 years if we no uncertain terms: ‘‘I want these bills Let me start with No. 1, though, phil- do not do anything about it. We have to be revisited, and I want more money osophical changes in Washington. We to fix it. We have to do it in a non- spent in them,’’ because the budget ap- have some 80 new freshmen this year, partisan way. We need to simplify it, to propriation bills that the House Repub- all of whom I would describe as very protect and preserve it. We need to licans have fashioned to present to the regular folks who want to cut the slow down the rate of growth. President call for lower spending, so budget and go home. They are not try- There are all kinds of options out the President, I suppose, in sending ing to be the next President. They are there that people are looking at and them back and vetoing them, says ‘‘I not trying to run for other offices. this Congress is going to be addressing, want more spending.’’ They just want to do the right thing. things that will make Medicare more They are very attuned to the problems consumer-friendly and again, above all, Should we allow him to veto those of middle-class America and businesses simplify and protect it. bills with no plan for then enacting a and employers, and they are just not as Then, finally, changes in the Medic- full budget to his liking? That is why political as I would say classes have aid system, most significantly, welfare the train wreck may occur. What I been in the past. reform and block granting this author- have proposed in term after term since I would say also that the reforms, the ity back to States so that States have I have been here is the following: In- changes, are not attributable to the the flexibility. For example, I rep- stant replay. If the Congress and the Republican Party alone. President resent Georgia. Our Medicaid problems, President have failed to enact the Clinton, his election in 1992 did a lot to our welfare delivery problems may be budget by September 30 of any given trigger the moves of reform and the de- different than those in New York City year, then, according to my legislation, bate for change in health care. or San Francisco, downtown Cin- the next day, October 1, beginning the A couple of things that we have seen cinnati, and we are going to make new fiscal year, automatically will go as evidence of a new philosophy in this those changes but it is going to give into place by way of instant replay the House, tangible evidence, the tort re- the States the flexibility that they budget of last year. form bill that we for many years de- need. bated that never got out of committee, Mr. Speaker, this is a lengthy sub- What does that do? That frees the it actually passed the House this year; ject. I look forward to the months of spending at the levels of the previous OSHA reforms, where we are trying to debate ahead, but I would say that the year. What else does it do? It prevents get OSHA to be more technological and four significant changes again in medi- for all time, forever, the possibility of employer-friendly and more con- cine are philosophical changes, new and the reality of shutting down the centrated on safety rather than con- ways of looking at things; changes in Government. Was it not awful to have centrating strictly on fines. We are Medicare; changes in Medicaid; and, in 1990 the spectacle of our youngsters, trying to get the FDA to put more above all, the new technologies. all of them, gathered in Desert Shield money and manpower in faster ap- I thank the Speaker for this time. I in Saudi Arabia waiting for Desert proval of pills, of medical devices, rath- will not say it is good to be back com- Storm to occur, and while they are er than also being punitive and restric- pletely, but I notice that I am back and waiting there, preparing for battle, the tive in their ways of doing business. it is good to be here and see you, Mr. U.S. Government, their country’s Gov- Then of course the biggest thing is, Speaker. ernment, shuts down? That actually we are taking a serious stab at budget f happened. reduction. Interest is the third largest expenditure on our national budget TRIBUTE TO THE HONORABLE If for no other reason than to have right now. In 2 years it is projected to CARLOS J. MOORHEAD that never happen again, we should exceed the defense budget, so we have The SPEAKER pro tempore. Under a enact my instant replay legislation, got to do things about it. previous order of the House, the gen- not to mention the thousands of Fed- I would say, No. 1, that philosophical tleman from California [Mr. DREIER] is eral workers who have to meet budg- changes, we are looking at doing things recognized for 5 minutes. etary outlays, pay bills, feed their fam- differently; No. 2, technological Mr. DREIER. Mr. Speaker, there are ilies, and do the necessary things to changes. We passed this huge tele- many very pressing and important is- keep house and home and family to- communications bill recently. In that sues which we have been discussing. gether. Why should they be used as will be new avenues for such things as The previous speakers have been talk- pawns in an unnecessary game being telemedicine. There is going to be the ing about some very pressing budget played by the White House and the Internet. I believe the Internet will matters. But I have taken this time Congress? I ask for support for my leg- make medicine a lot more consumer- out this evening to talk about a per- islation. friendly, because a person back home sonal item and that is the fact that H 8584 CONGRESSIONAL RECORD — HOUSE September 6, 1995 just last week one of our colleagues, hard worker, and I happen to believe kids the mortgage of our overindul- Congressman MOOREHEAD, announced one of the most underestimated Mem- gence and overspending, we are going his retirement, and I wanted to take a bers of this institution. When he does to have to cut back on some of those moment. Usually people wait until the retire, he will be sorely missed by programs. very end of the session to talk about many of us. Mr. Speaker, I ask everybody in the Members who have chosen to retire, f United States to look at this predica- but I wanted to take just a moment to ment, to encourage their Members in talk about a person who I believe is a BALANCING THE FEDERAL Congress that it is important that we stellar citizen legislator and one who BUDGET all tighten our belts. A group of us, 156 will be sorely missed when he, after 12 The SPEAKER pro tempore. Under a of us, have signed a letter to the Presi- terms of service here in the House of previous order of the House, the gen- dent saying that we are not going to Representatives, will retire. tleman from Michigan [Mr. SMITH] is vote to increase the debt ceiling unless CARLOS MOORHEAD is a citizen legis- recognized for 5 minutes. we are on an absolute glide path to a lator. He had a small law practice in Mr. SMITH of Michigan. Mr. Speak- balanced budget. Now, that means his hometown of Glendale, CA where he er, I rise to address the House regard- passing legislation that limits spend- had grown up. He went to Hoover High ing the budget, the debt ceiling that we ing, that changes some of the entitle- School and was one who regularly par- are now approaching, and why that is ment programs, that has appropriation ticipated in many civic items, and he is important to the American people in bills that get us on that glide path to one who chose public service. Now, we an expanded economy for the United a balanced budget. It is important. know that in this day and age public States and an expanded job market. We met with Secretary Rubin. We service itself is much maligned. We First let us look at the overspending have now introduced legislation to give regularly see people who have chosen of the Federal Government. Back in the President authority and flexibility to spend some years of their life in pub- 1947 the Federal budget represented 12 to prioritize in the event that debt ceil- lic service criticized. But the fact of percent of this country’s gross domes- ing is reached. It is important, Mr. the matter is CARLOS MOORHEAD is a tic product. Today it represents almost Speaker. I hope we are able to stick to- very unusual person. We all know from 22 percent of the gross domestic prod- gether to hang tough, to do what is serving here in the House that he is not uct. The Federal Government is ex- good for America, to disregard the poll- a show horse. He in fact is a workhorse. panding at an alarming rate. sters, to disregard the special interest He is the chairman of the Intellec- The Government has not relied on lobbyists that are pushing for more and tual Property Subcommittee, not one the political negatives of increasing more spending, and do what is nec- of the most exciting issues discussed taxes to afford this increased spending, essary to give this country and our here on the House floor, but I am one but rather has decided that it is more children and our grandchildren a good who believes that it is very important. politically wise to continue borrowing. future. It is very important, as we look at Our Federal debt today is $4.8 trillion. f international trade agreements and Our Federal debt after two world wars other items, that we maintain the in- was only $340 billion. We are increasing EASTERN LONG ISLAND FIRE tellectual property rights which are so spending at an alarming rate and you UNDER CONTROL key to the very unique talents which know most people in America say we The SPEAKER pro tempore. Under citizens of the United States of Amer- do not care how Government keeps its the Speaker’s announced policy of May ica have. books; what we want is better jobs and 12, 1995, the gentleman from New York CARLOS served 6 years as a member of a better economy. [Mr. FORBES] is recognized for 20 min- the California State Legislature before Here is why it is important. Here is utes as the designee of the majority choosing to run for Congress in 1972. He why how we keep our books affects leader. served on that Judiciary Committee those jobs and affects the economy of Mr. Speaker, it has been said that that held the impeachment hearings in this country. Government this year is the strongest and finest steel is forged the early 1970’s, and his loyalty was borrowing 42 percent of all of the from the hottest fire. So too, the won- very great. It has been written up in money lent out in the United States. derful people of Eastern Long Island the media over the past week or so Think what that extra demand does for emerge stronger and more resilient that he stood strongly behind Richard the pressure to increase interest rates. from the worst brush fire in modern Nixon, and his quote in the papers con- Alan Greenspan, the Chairman of the memory, bolstered by the bravery of sisted of the following: He believed it Federal Reserve, suggests that if we its volunteer firefighters, police, and very important to maintain the Presi- are able to balance our budget, we will other emergency personnel and by the dency at that time. see interest rates drop between 11⁄2 and tens of thousands of acts of kindness He also has been heavily involved in 2 percentage points. He says if that displayed throughout this nationally the issue of telecommunications, hav- happens, the stimulation to the econ- declared disaster that was televised ing served as ranking minority member omy and the jobs in this country will around the world. when we were in the minority here on be greater than we have ever seen be- It is with deep sense of relief and the Subcommittee on Telecommuni- fore in our history. He says the flip gratitude that I report to you today cations, and it was a great achieve- side is that if we do not do it, we will that all is now quiet on Eastern Long ment to see the legislation which give our children a lower standard of Island. The raging fire is no more; passed this House just before the Au- living and less expectations to have a thanks to the determination and hard gust recess come about, and Mr. MOOR- good life than we have had. That will work of 3,000 firefighters—volunteer HEAD had spent a long period of time be the first time in history. firefighters, I might add—who came working on that legislation. How do we achieve a balanced budget from all over Nassau and Suffolk coun- I would simply like to say that it is with a group of politicians that sit in ties, New York and even Connecticut; going to be a great personal loss for me this Chamber and the one on the other along with county, State and Federal when, as he regularly reminds me, in a side of the Capitol that are used to ex- fire experts; various military units, year and a half he chooses to retire. He panding programs, that are used to State, county, town, and village police will still be serving here for the next 17 going back home with pork barrel officers and other emergency person- some odd months and we know we are projects, cutting the ribbons and get- nel, and the wonderful Red Cross all going to be spending a great deal of ting their pictures in the paper and make possible a satisfying end to what time here, but when he does choose to being on television, bringing more good otherwise could have been a most un- retire at the end of next year, it will be programs to the people back home, and fortunate disaster. Starting on Mon- a personal loss. they have discovered that it enhances day, August 21, 1995, in the Rocky I have had the privilege of trying to their chances of being reelected. The Point area, then on Thursday erupting represent the district which joins his in challenge is great today for these Rep- in Eastport-Westhampton, for over 13 Los Angeles County, and we all know resentatives to say if we want a good days our raging brush fires devastated that he has been a great friend, a very future for our kids and not leave the more than 7,000 acres of the precious September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8585 Pine Barrens. It earned the distinction I would particularly like to thank ev- niques are demonstrated in their quick of becoming the largest brush fire in eryone at Central Suffolk Hospital, responses to calls and their expertise in New York State since the Adirondack Southampton Hospital and University putting out fires. After recent events, fire of 1908 and unquestionably the big- Medical Center at Stony Brook for for so many of us who call Eastern gest fire this century in Suffolk Coun- their onsite care, which undoubtedly Long Island home, we shall honor those ty. We are forever indebted to the helped to minimize the extent of inju- who were called upon to save our com- thousands of volunteers who risked ries. munity from the ravages of the worst their lives battling the blazes, as well Thanks are due to those who gave of fire in Long Island history. In those as our neighbors from across Long Is- their time, money, and talents to help few days we witnessed first hand the land who cared for the weary fire- neighbors, friends, and mostly, strang- acts of Long Island’s solid-gold, true fighters, running food out to them, pro- ers in a time of need. To cite just a few blue American heroes and on behalf of viding them with clothing to replace examples: Robert and Marylou Gott- all of us in the community, I express their own which became soot encrusted schalk of Wading River, took it upon my utmost gratitude to all who worked and water soaked; and to those who of- themselves to make and distribute 260 so successfully to save our homes, our fered reassurance and comfort to hun- sandwiches during the Rocky Point businesses, our schools, and our dreds of people, many senior citizens, fire. Pete Pisello, owner of Rainbow churches and synagogues. who were forced to leave their homes Realty, organized a group of businesses Mr. Speaker, I respectfully ask the because of the fire. Additionally, let us in Mastic to supply food and drink to indulgence of the House and join me in salute the dozens of people who cared the firefighters. Some 50 volunteers at a salute to Chief Richard Gianmugnai for family pets and those animals relo- Mattituck High School, including large of Ridge, Chief Jeffrey Noss of Middle cated from shelters adjacent to the dis- numbers of children, made sandwiches Island, Chief John Buckner of Rocky aster. and bagged melons, apples, and pret- Point, Chief Dean Culver of Fueled by whipping winds and dry zels—as did local delis—for the Westhampton, Chief Richard brush, more than 1,800 acres in Rocky firefighers. Dozens of other community Schermeyer of Quogue, Chief James Point were the first to explode into members coordinated food donations at Baker of Eastport, Chief Allan Geyer of flames. Firefighters from Rocky Point, area businesses like 7–11 and Aid Auto Hampton Bays, all the chiefs and every Middle Island, and Ridge stood shoul- Stores, or simply dropped off cases of member of the 176 fire companies and der to shoulder along Whiskey Road soda or a clean tee shirt. The individ- the 49 men and women injured during and stopped the flames from engulfing uals and donations are without num- the disaster who everyday risk their local neighborhoods, including Leisure ber, but none is forgotten. lives for their neighbors. May God bless Village, Coventry Manor, and the It is impossible to try and adequately each and everyone of them and their Ridge Rest Home. Employing the as- recognize all of the people and organi- families for a job well done. Thank sistance of 900 volunteers from 90 vol- zations who offered support but you you. unteer fire departments from across know who you are. I thank, as well, the Attached is a list of injured fire Long Island the Rocky Point blaze was hundreds of businesses both large and fighters who risked their lives in the brought under control with minimum small who, gave their employees paid Rocky Point and Westhampton Beach property damage, no serious personal leave to help with the fire efforts, or fires. These people give their time and injury and thankfully, no loss of life. donated supplies to the hardworking effort to volunteer for the fire depart- Before the embers from Rocky Point and tireless firefighters including: K- ment. I applaud them in their dedica- even cooled, our firefighters were Mart, Caldor, McDonald’s, King Cullen tion to protecting the residents and the called to respond to a second brushfire, Supermarkets, A&P Supermarkets, local communities from dangerous made even more threatening by a fero- Waldbaums, AT&T, the Cutchogue Vil- fires such as the recent ones that oc- cious, twisting wind, headed right for lage market, the Handy Pantry, curred on Eastern Long Island. Eastport, Speonk, Westhampton, and Ammirati’s Cupboard, the Long Island This is a list of injured fire fighters avail- Westhampton Beach. Moving at over Culinary Institute, South Shore Bev- able as of September 6, 1995: 600 feet per hour, our volunteers beat erage. Good Humor and Mr. Softee Ice C. Bianco/Bethpage; back a wall of fire that at its worst Cream, whose ice cream trucks not C. Manzellan/Flanders; leaped some 100 feet into the sky with only helped to keep our firefighters E. Johnston/Shirley; a trail of billowing smoke seen for 250 cool but helped to boost morale on the R. Carey/Bayport; F. Maute/Shirley; miles out to sea. Tired and exhausted, front lines. North Fork Bank and Suf- T. Lynn/Manorville; our volunteer firefighters dug deep folk County National Bank made cash R. Carmagnola/Bellmore; within their own being to find the donations to the fire companies to off- R. Pierson/Southampton; strength to carry on the face of such set the costs of fighting the fire. Cable- B. Fleischman/Riverhead; overwhelming odds. They put the vision of Long Island not only estab- P. Thomason/Center Moriches; health and welfare of an entire Eastern lished the ‘‘Long Island Volunteer A. Kyroski/East Quogue; P. Damato/Nesconset; Long Island community ahead of their Firefighters’ Fund’’ for the education C. McKenneth/Quogue; own safety to stop the raging inferno. and training of volunteer firefighters, J. Feinberg/Bayport; The perseverance, determination, brav- but matched every contribution dollar K. McAteer/Central Islip; ery, and courage of some 5,000 fire- for dollar. And Suffolk County Commu- F. Lutz/East Quogue; fighters, police, emergency medical nity College has created the ‘‘Sunrise H. Adler/Middle Island; and other personnel can be summed up Scholarship,’’ a financial aid fund for J. Washbaugh/Southampton; P. Berun/Deer Park; simply with the words of Bruce Stark, the children of those who helped fight G. Reeder/Dix Hills; a 24-year-old firefighter from East the fire. The list is endless, and all de- R. Mina/North Babylon; Islip: ‘‘Civilians are depending on us, serve our thanks and admiration for D. Ryan; and if we bail out they have no hope.’’ their compassion, charity, and willing- J. Kenneth; As we held our breaths and said our ness to lend a helping hand. D. Durinick; prayers, it was this world class, great- Nothing exemplifies the American A. McEntee; spirit more than the kind of selfless M. Benefante; est bunch of firefighters ever, that put W. Pyse; us at ease and made possible an end to volunteerism exhibited during these P. Hicks; the disaster with a minimum of inju- trying times. Unselfishly treating one’s P. McCormick; ries and no loss of life. neighbors like family, coming to their J. Fortner; Our heartfelt thanks go out to each aid in times of danger, and putting J. Cole; and every firefighter, police officer, community interest above self interest, J. O’Shea/Eastport; and rescue worker who selflessly it’s this kind of action that more truly William Erario, North Babylon; Gregory Brown/East Hampton Village F.D.; and Lynn worked for days to extinguish the embodies all that is good about our Na- Halsey/Gabreski airport employee. mammoth fire. Our emergency medical tion. The thousands upon thousands of Selden Fire Department injuries: Rachel services, like everyone else, performed hours volunteer firefighters devote to Rodgers; Christopher Bedus; George Bopp; above and beyond the call of duty, and training and learning the latest tech- Wayne Preston; James Pitterese. H 8586 CONGRESSIONAL RECORD — HOUSE September 6, 1995 Flanders Fire Department: Charlie ever more mean and radical changes. The traditional family is being de- Manzella; Frank Belson; and Robert A. But radical changes are under way stroyed. This is an economist named Train. right now. Lester Thurow, who has written 10 or Westhampton Beach Fire Department: The great majority of Americans feel 20 books, professor of economics at the Paul Hoyle. Mastic Beach Fire Department: Gary that something is very different, that Massachusetts Institute of Technology. Fuzie; David Bilodeau; William Biondi; Glen there is something happening. The He is talking about the economy and Olsen; Christopher Nunemaker; Ed Maute; great majority feels some aspect of the impact of the economy on the fam- and Edward Johnston. this change. But they do not under- ily. We hear a lot of talk about family f stand it. but we do not acknowledge the fact So the majority of the people are that the economy and what happens in b 1900 angry, and they do not know why they the economy, what happens with THE COMING TRAIN WRECK are angry. I am here to tell you you wages, what happens with jobs has a have good reason to be angry. The very serious impact, the most serious The SPEAKER pro tempore (Mr. problem in America is that we have to impact on families. In fact, Mr. Thurow CHAMBLISS). Under the Speaker’s an- learn who to be angry with and how to is about to say that. nounced policy of May 12, 1995, the gen- focus our anger. Where is the problem? Returning to the article: tleman from New York [Mr. OWENS] is I hope that everyone will take time The traditional family is being destroyed recognized for 60 minutes as the des- to read an article that appeared in the not by misguided social welfare programs ignee of the minority leader. New York Times on last Sunday, Sep- coming from Washington, although there are Mr. OWENS. Mr. Speaker, I will use tember 3. It is an article that appeared some government initiatives that have un- no more than half of the 60 minutes al- on the op ed page. It was entitled dermined family structure, but by a modern lotted. ‘‘Companies Merge, Families Break economic system that is not congruent with family values. I realize that we are in a transition Up.’’ ‘‘Companies Merge, Families period and moving from a district work Break Up.’’ The traditional family is being de- period to a capital work period is a bit The article is by Lester Thurow. Les- stroyed not by misguided social welfare of a strain, and we want to take it ter Thurow is an outstanding econo- programs coming from Washington, slow. So I will not go on at great mist, recognized all over the world. He but by a modern economic system that length today. is a professor of economics at the Mas- is not congruent with family values. But I do think we should note the sachusetts Institute of Technology. On When we look at falling wages as a fac- fact that serious business lies ahead of the Hill here in this capital we have tor: us. There has been a great deal of talk seen and heard Lester Thurow many Beside falling wages, America’s other eco- about a train wreck coming where the times over the last two decades. nomic problems pale into insignificance. The mean and extreme balanced budget remedies lie in major public and private in- philosophy of the Republican majority b 1930 vestments, in research and development, and will clash with the more moderate re- in creating skilled workers to ensure that to- It is our business to rein in the re- morrow’s high-wage brainpower industries form approach of the President, and we sources of the country, wherever they generate much of their employment in the are going to have some very difficult may appear, and apply them to the United States. Yet if one looks at the weak days. problems that we face. policy proposals of both Democrats and Re- I think it is quite clear that appro- To get back to Mr. Thurow: publicans, it is a tale told by an idiot, full of priations bills of the kind that we American companies are moving produc- sound and fury, signifying nothing. passed before we left here cannot be tion overseas, using technology to replace That is in quotes. As we all know, it left standing. We cannot have a $9 bil- workers, engaging in mega mergers, such as is from Shakespeare that Mr. Thurow lion cut in education, job training and this week’s Chase-Chemical deal, and other- is quoting. It is that the Democratic social services. We cannot have tre- wise downsizing. Each year more than half a and Republican policies at this present mendous cuts in housing. There are a million good jobs are eliminated by the Na- point, which focus on this problem, number of things that just cannot be tion’s most prestigious companies. More new jobs are being generated in the service sec- that constitute a tale told by an idiot, left standing. We cannot tolerate more tor, but they come with lower wages and full of sound and fury, signifying noth- than $280 billion in cuts over the next fewer fringe benefits. ing. 7 years to Medicare. We cannot toler- With the death of communism and We just passed legislation which re- ate more than $180 billion in cuts for later market socialism and economic fused to continue the Office of Tech- Medicaid. alternatives, capitalists have been able nology Assessment. The Office of Tech- There has to be a train wreck. to employ more ruthless approaches to nology Assessment is a basic tool very Unfortunately, in the Congress, in getting more for less, to getting maxi- much needed by the Members of Con- the Senate and the House, the Repub- mum profits but with less effort. They gress, Members of the House and Mem- lican majority has the votes, and they do not have to worry about political bers of the Senate. We just threw it have passed this mean and extreme pressure. Survival of the fittest cap- out. The one thing that was most sig- program. All we have left is a Demo- italism is on the march. nificant got axed. We will be passing an cratic President who says that he will What other kind of capitalism can we appropriations bill for defense in the veto these programs, and then we have have except survival of the fittest cap- next few days and we are going to have a situation where the government may italism. And that is appropriate for a B–2 bomber vote again. If past his- be brought to a halt if the appropria- capitalism to be a survival of the fit- tory is any guide, we know that the B– tions bills are not signed and the Re- test operation. It is up to government 2 bomber, which the Pentagon does not publican majority of the Congress is to deal with what the implications of want, and the President does not want, not willing to pass a continuing resolu- that is. and the Air Force does not want, it will tion to keep the government going. probably pass again. The most It is going to be exciting times. But Falling real wages have put the traditional American family into play. As the one-earn- unneeded piece of technology around we should all realize that the basic di- er middle class family becomes extinct, with will pass with votes from the House. rection for the Naiton is being shaped children needing ever more costly educations That is the kind of thing we are in. not only in the next few months but it for ever longer periods of time, the cost of When they say what we do and what we is already in the process; the direction supporting a family is rising sharply just as say is a tale told by idiots, full of that this Nation will take is already earnings plunge. sound and fury, signifying nothing, being shaped faster than we think, and Children exist, but no one takes care of that is what they mean. what happens this year we will have to them. Parents are spending 40 percent less The American people should be angry live with, this year and next year, for a time with their children than they did 30 about all this. Revenue policies are years ago. More than 2 million children long time to come. under the age of 13 have no adult supervision needed to deal with the present prob- It is very important that everybody either before or after school. Paying for day lem. We need taxing policies to take understands that radical changes are care would use up all or most of a mother’s the resources from where they are, the under way. They are being proposed, wages. revenues in Wall Street, the revenues September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8587 that are in the high prices of corpora- sitions by which we could get more rev- nation’s most prestigious companies. More tions, we need to take some of those enue instead of focusing only on cuts. new jobs are being generated in the service revenues and put them into research Yes, we should downsize government; sector, but they come with lower wages and yes, there is waste, but there is a great fewer fringe benefits. and development and into training With the death of Communism and, later, workers. problem. We need to balance the tax market socialism as economic alternatives, Mr. Speaker, we have a transition pe- burden at the same time that we are capitalists have been able to employ more riod here, a period which will go on for trying to balance the budget. In doing ruthless approaches to getting maximum some time still to come where these that, we will produce a situation where profits without worrying about political great downsizings will make more peo- the workers of America, the children of pressure. ‘‘Survival of the fittest’’ capitalism ple unemployed. Something needs to be America, the families of America is on the march. done during this transitional period. would have more to look forward to in What economists call ‘‘efficiency wages’’ (a company paying higher salaries than the Nobody knows where capitalism will terms of facing these tremendous radi- minimum it needs to pay, so that it gets a go. It is not planned. No one wants to cal changes that are presently taking skilled, cooperative, loyal work force) are stop progress, but you need to take place in our economy and our society. disappearing to be replaced by a different some steps to deal with it, and one of The material previously referred to is form of motivation—the fear of losing one’s the steps that should be taken is to as follows: job. balance the tax burden by taking more [From the New York Times, Sept. 3, 1995] Falling real wages have put the traditional American family into play, as the one-earner revenue from corporations. COMPANIES MERGE, FAMILIES BREAK UP Corporations now pay only 11 percent middle-class family becomes extinct. With (By Lester C. Thurow) children needing ever-more-costly edu- of the total tax burden. Individuals are No country without a revolution or a mili- cations for ever-longer periods of time, the paying 44 percent. That is ridiculous. tary defeat and subsequent occupation has cost of supporting a family is rising sharply We need to bring down taxes for indi- ever experienced such a sharp shift in the just as earnings plunge. viduals and raise taxes on corporations distribution of earnings as America has in Thirty-two percent of all men between 25 to get enough revenue to sustain the the last generation. At no other time have and 34 years of age earn less than the programs that need to be sustained for median wages of American men fallen for amount necessary to keep a family of four education and for job training. more than two decades. Never before have a above the poverty line. Mothers have to Mr. Speaker, I am rushing, because I majority of American workers suffered real work longer hours if the family is to have its wage reductions while the per capita domes- old standard of living. do not want to take too much time tic product was advancing. Children exist but no one takes care of today. We will expand on this in the fu- So on Labor Day this year, as with a lot of them. Parents are spending 40 percent less ture. We need a creative revenue com- Labor Days, most laborers don’t have a lot time with their children than they did 30 mission, a commission similar to the to celebrate. The median real wage for full- years ago. More than two million children base closings commission, which will time male workers has fallen from $34,048 in under the age of 13 have no adult supervision look at the revenue situation, look at 1973 to $30,407 in 1993. either before or after school. Paying for day the fact that over the years corpora- Wages of white men are falling slightly care would use up all or most of a mother’s faster than those of black men, and the wages. tions have gone down from paying al- young have been clobbered; wages are down In the agricultural era, children had real most 40 percent of the tax burden to 25 percent for men 25 to 34 years of age. Me- economic value at a very early age. Students paying now only 11 percent of the tax dian wages for women didn’t start to fall who use college loans owe their parents less. burden. At one point, under Ronald until 1989, but are now falling for every Living thousands of miles apart, families Reagan, it went down to 8 percent of group except college-educated women. The lose track of one another. The family is no the total tax burden. pace of decline seems to have doubled in 1994 longer the social welfare system when one is The Committee on Ways and Means and early 1995. disabled, old or sick, and it will not resume has swindled the country. The Commit- The tide rose (the real per capita gross do- these duties even if the state were to with- draw. tee on Ways and Means, part of this mestic product went up 29 percent between 1973 and 1993), but 80 percent of the boats The traditional family is being destroyed body, and other taxing authorities, sank. Among men, the top 20 percent of the not by misguided social welfare programs have allowed a situation to be created labor force has been winning all of the coun- coming from Washington (although there are where the burden is very lopsided. One try’s wage increases for more than two dec- some Government initiatives that have un- of the things that a tax commission ades. dermined family structure) but by a modern could do is find ways to raise the taxes Adding to the frustrations, the old remedy economic system that is not congruent with for lower wages—more education—no longer ‘‘family values.’’ on corporations, pull out more revenue Beside falling real wages, America’s other from corporations while you are lower- works. True, wages of males with only a high school education are falling faster than the economic problems pale into insignificance. ing families and individuals, and use pay of those with college degrees. But invest- The remedies lie in major public and private the money that you get to pour it into ing in a college education doesn’t get one off investments in research and development education, research and development, the down escalator and onto an up esca- and in creating skilled workers to insure and job training. lator—it merely slows one’s descent. that tomorrow’s high-wage, brain-power in- I am going to end at this point, Mr. No one knows exactly how much of the de- dustries generate much of their employment Speaker. There are a lot of proposals cline can be traced to any particular cause, in the United States. but we do know the set of causes that has Yet if one looks at the weak policy propos- on the board: Flat tax proposals, con- als of both Democrats and Republicans, ‘‘it sumption tax proposals, various pro- been responsible New production and distribution tech- is a tale, told by an idiot, full of sound and posals that are on the drawing board nologies require a much better educated fury, signifying nothing.’’ for such a commission to examine. I work force. If decisions are to be pushed f would want to add to that an anti-mo- down the corporate hierarchy, those at lower nopoly tax, where any industry which levels have to have skills and competency CUTS IN MEDICARE gets more than 25 percent of the mar- beyond what was required in the past. The SPEAKER pro tempore. Under ket would have to pay a surcharge be- With our global economy, where anything the Speaker’s announced policy of May cause it has an advantage that does not can be made anywhere and sold everywhere, 12, 1995, the gentleman from New Jer- need as great an expenditure. the supply of cheap, often well-educated labor in the third world is having a big effect sey [Mr. PALLONE] is recognized for 60 I would also add that something on first-world wages. One month’s wages for minutes as the minority leader’s des- should be done about the banking and a Seattle software engineer get the same ignee. financial industry, to recapture the al- company an equally good engineer in Mr. PALLONE. Mr. Speaker, again, I most $300 billion that the American Banagalor, India, for a year. Ten million im- would emphasize that I do not intend taxpayers have put out through the migrants entered the United States during to use the majority of that time, but I Federal deposit insurance to bail out the last decade, competing for jobs and low- would like to take the time that I plan the savings and loan associations. All ering wages. to use to talk about medicare and what of the industries in the banking field American companies are moving produc- tion overseas, using new technology to re- reaction I received during the last 4 and related financial institutions place workers, engaging in mega-mergers weeks when we were having our August ought to have a surcharge put on them such as this week’s Chase-Chemical deal, and district work period. to collect back some of that money. otherwise downsizing. Each year more than a I found through visiting my constitu- There are a number of creative propo- half-million good jobs are eliminated by the ents and having forums and trying to H 8588 CONGRESSIONAL RECORD — HOUSE September 6, 1995 address them, in particular on the med- started. Now that the Republicans are point of view of an economist and icare issue, that many of them were in power here again in both the House makes a very strong statement about not aware of the challenges that face and the Senate, and we are talking 30 American families. medicare when we come back in Sep- years later, they want to finance their Let me just share with you some of tember at this time. But when they tax cuts for those better off with Medi- the paragraphs and some portions of were told about the level of cuts, the care cuts. Lester Thurow’s article. Mr. Speaker, I $270 billion in cuts that have been pro- If you look at this budget that I ask unanimous consent that the entire posed by the Republican leadership, talked about before, the one that was article by Lester Thurow which ap- and are included in the Republican adopted back in April by the Repub- peared in the Sunday, September 3d budget that was adopted last spring, lican majority here in the House and in New York Times be entered into the they were very concerned about the the Senate, $270 billion in Medicare RECORD. impact that that record level of cuts in cuts roughly translate into a tax cut to The first paragraph is the most the medicare program would have. the tune of $245 billion. So if you took shocking statement. The first para- Mr. Speaker, I think they have every a chart and you looked at the level of graph should be emblazoned on the reason to be concerned because I feel the Medicare cuts, it is pretty much walls of this hall to remind all of us as very strongly that that level of cuts, the same as the level of the tax cuts to where we are right now. Mr. Thurow the $270 billion that has been proposed, that have been proposed. opens with this statement. Listen care- cannot be implemented without major I would maintain that although Med- fully: ‘‘No country without a revolu- changes, negative changes, in the medi- icare may need some minor reform, it tion or a military defeat and subse- care program, and probably also with- is not as disaster prone as the Repub- quent occupation has ever experienced out significant out-of-pocket, addi- licans are trying to portray it, and such a sharp shift in the distribution of tional out-of-pocket expenses for sen- that, in effect, what they are doing earnings as America has in the last ior citizens and those who take advan- with these Medicare reductions is basi- generation. At no other time have me- tage of the medicare program. cally budget driven and is not any ef- dian wages of American men fallen for I wanted to make a few points about fort to reform the Medicare Program. more than two decades. Never before these drastic cuts in medicare, if I Mr. Speaker, I have heard some of have a majority of American workers could, tonight. The first point I would my colleagues in the House mention suffered real wage reductions while the like to make is that the Republican that the trustees’ report on Medicare, per capita domestic product was ad- sponsored medicare reductions really that comes out every year, this year vancing.’’ Mr. Speaker, that is the end should come as no surprise, because 30 indicated that Medicare would be insol- of first paragraph of Mr. Thurow’s arti- years ago, when medicare was first vent within 7 years. I would point out, cle. adopted, there was tremendous opposi- however, that that is one of the longest Mr. Speaker, it is so outstanding, and tion to the medicare program by the periods of times projected for money to it does such a great job of summing up majority of the Republicans in Con- be available for the Medicare Program. exactly where we are in this ongoing, gress, both in the Senate and the House If you look back at some of the trustee radical change. It is under way already; of Representatives. In fact, the leading reports in prior years, they were for 2 it has been under way for two decades Republican presidential candidate now, years or 3 years before the program be- now, Mr. Thurow says. Let me just re- Senator BOB DOLE, voted against the came insolvent. peat: ‘‘No country, without a revolu- creation of the medicare program 30 The bottom line is that, historically, tion or a military defeat and subse- years ago when he was a Member of in Congress, we have tried to keep a quent occupation, has ever experienced this body, the House of Representa- short rein on the amount of money such sharp shift in the distribution of tives. that is available in the future for Medi- earnings as America has in the last If you look back at the record of key care so that it is not raided, so that the generation. At no other time have me- votes in the history of medicare, going hospitals and other health care provid- dian wages of American men fallen for back to 1960, when it was first being ers do not say, well, gee, there is this more than two decades. Never before proposed, 97 percent of the Republicans huge pot of money out there that will have a majority of American workers in the Senate voted against the cre- last us a long time, so why do we not suffered real wage reductions while the ation of the medicare program; and raise our rates and why do we not, in per capita domestic product was ad- then, 2 years later, on July 17, 1962, 86 effect, take some of that money to pay vancing.’’ Mr. Speaker, that is the end percent of the Republicans in the Sen- us as providers because of the need of the quote from Mr. Thurow’s first ate voted against the creation of medi- that we have. paragraph. care. Later that year, on September 2, So we cannot here in the House of 1962, 85 percent of the Republicans in Representatives or in Congress in gen- Mr. Speaker, I suppose it is very sig- the Senate voted against the creation eral say that Medicare should have a nificant that Mr. Thurow’s article ap- of medicare. huge pot of money that is available for pears on Sunday, September 3, the day The same was essentially true in the the next 10 or 20 years, because the end before Labor Day where we do pay House of Representatives, in this body. result of that is that that money would some homage to the working people of In 1965, when some of the key votes probably be raided. We must keep it on America. On Labor Day we stop and took place on April 8 of 1965, 93 percent a short rein. consider the plight of the workers or of the Republicans in the House of Rep- the conditions of workers, and it is b resentatives voted for a Republican 1915 quite appropriate that this article substitute which would have replaced Lester Thurow is not an isolationist. should appear on that day. the medicare program with a voluntary He believes in free markets, he believes Mr. Speaker, I serve on the Commit- health insurance program for the elder- in the global economy. Lester Thurow tee on Economic and Educational Op- ly with no guaranteed financing and no cannot be easily pinpointed or pigeon- portunities that used to be called the guaranteed benefits. Then, on July 27, holed as a conservative or a liberal. Education and Labor Committee. 1965, 49 percent of the Republicans in What we do know is that he is an out- There was a time when the official the House voted against the creation of standing thinker, an outstanding econ- Government of America paid more rec- medicare on the vote on the adoption omist. I think that some of the things ognition and homage to organized of the conference report on the medi- that Lester Thurow had to say in this labor. Just a year ago we had a com- care bill. article last Sunday are absolute must mittee with labor in the name of it. Thus, many House Republicans who reading for every American. Every But now the Education and Labor had voted for the Republican voluntary adult American should begin to try to Committee is no more, it is called the plan I mentioned before, turned around understand what is happening to them, Committee on Economic and Edu- and also voted for the final Democrat what is the matter with our economy, cation Opportunities, and none of the sponsored medicare bill, perhaps out of what is affecting our culture, what is subcommittees have the name labor in fear of the wrath of their constituents destroying our families. Here is an them. The change in name is reflective once the medicare program finally got economist who started out from the of the change in attitude, because a September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8589 massive war has been declared on orga- funds may be used for certain activi- terms of transaction is the communica- nized labor and on workers in America. ties. They cannot even study tions industry, telecommunications Let me just get that straight. Because ergonomics. Ergonomics, which is a se- and media. All of those have benefited. workers in America all need a wage in- rious problem where workers who are They have benefited from the public crease. A raise in the minimum wage is involved in repetitive motion have expenditure, the public participation. not just for people who are unionized, a well-identified ailments and problems But now, only 5 percent of the popu- raise in the minimum wage benefits all and we cannot even study that any- lation benefits from the profits. Part of workers, and most of the workers who more. So there is an onslaught on the solution to the long-term problem are working at minimum wage now and working people and an onslaught on or- lies in the recognition of the fact that who would benefit from an increase in ganized labor which is very significant there should be some sharing of those the minimum wage are not unionized. in light of the fact that Mr. Thurow benefits, that the small percentage of Most unionized workers are making says, these people that you are waging Americans are reaping as a result of more than the minimum wage. war against have already suffered the effort made by the larger mass of It has been proposed by President greatly in the last two decades. society. Sharing that is part of where Clinton and by Democrats in Congress Mr. Speaker, let me just continue the answer to the problem lies. that we raise the minimum wage two reading from Mr. Thurow’s article. An- Mr. Speaker, let me just continue to steps, a mere 90 cents, and that has other paragraph reads as follows: ‘‘The read from Mr. Thurow again: met all-out war. The leadership of the tide rose, the real per capita gross do- majority Republicans have declared, mestic product went up 29 percent be- New production and distribution tech- nologies require a much better educated never. Never will we permit minimum tween 1973 and 1993, but 80 percent of force, a much better educated force. If deci- wages to move forward at all. So mini- the boats sank. Among men, the top 20 sions are to be pushed down the corporate hi- mum wages benefit all workers. There percent of the labor force has been win- erarchy, those at lower levels have to have is no consideration in the program of ning all of the country’s wage increases skills and competency beyond what was re- the majority for relieving workers of for more than two decades.’’ quired in the past. With our global economy the wages that have led to the condi- Twenty years. For more than 20 where anything can be made anywhere and tion that Mr. Thurow is describing here years, the men at the very top already sold everywhere, the supply of cheap, often in the first paragraph. are the only ones who have been win- well-educated labor in the third world is hav- Mr. Speaker, in addition to not toler- ning the wage increases. Listen closely ing a big effect on first world wages. One month’s wages for a Seattle software engi- ating any discussion of forward move- again. ‘‘The tide rose, but 80 percent of neer gets the same company an equally good ment on minimum wage, the majority the boats sank.’’ Remember Ronald engineer in Bangalor, India for a whole year. Republicans here have declared war on Reagan invented the slogan, all tides One month’s wages for an engineer, a soft- workers on a massive basis. Speaker will rise if you cut taxes and you take ware engineer gets the same company an GINGRICH uses the phrase that politics care of corporations and you deal with equally good engineer in Bangalor, India for is war without blood. Well, they have providing maximum benefits for the a whole year. declared war on workers and war on or- rich, they will invest and all tides will Consider the implications of that. ganized labor. rise, everybody will benefit. You have heard a lot about unskilled We have a whole series of bills that Well, here is an economist who says jobs and manufacturing jobs leaving have been introduced which seek to un- that, it worked in terms of the tide ris- the country. Well, here are jobs for dercut the gains of the last 50 years for ing from 1973 to 1993, a 20-year period. which a college degree is required. Here working Americans. We have bills that But 80 percent of the boats sank; 80 are jobs which require extensive train- have been introduced which will radi- percent of the American population ing and experience, and you can go cally change OSHA. OSHA is the safety does not benefit from this great pros- overseas and get the same quality of agency, the Agency which is respon- perity that we have experienced in the workers for one-twelfth the cost of the sible for workplace safety. We have a last 20 years and are still experiencing. worker. I think engineers probably do bill which is designed to curb the ac- Mr. Speaker, let me just pause for a not like to be called workers. They are tivities of the National Labor Rela- moment, because I think it is very im- professionals. That is a great myth in tions Board. We have a bill which is de- portant that we consider that Mr. this country. Thurow later on offers no solutions, signed to cut the budget drastically Professionals think they are dif- but consider the fact that for a small and curb the activities of MSHA, the ferent, they are safe. Large numbers of percentage, for 20 percent, we have mine safety agency. We have a bill people who did not join unions are now great prosperity. Wall Street is boom- which is designed to undercut the orga- talking about forming associations, in ing, profits are higher than ever before. nization of workers called the Team order to deal with a situation where These are the benefits of technology, Act, which is allowing employers to se- the country is being hijacked. The mul- computerization, automation, all kinds lect the people who are going to be the tinational corporations are ignoring of various technological changes, most collective bargaining agents. the plight of the workers. We have a number of bills of that of which are the result of Government kind which are stymied in the sense research, most of which are driven by Corporations are not in business to that they have to move through a two- the fact that in our defense race, in our take care of workers. Corporations are stage process. they have to go through military arms race with the Soviet not in business to make America great. the House where there are definitely Union we did tremendous amounts of Corporations are not in business to enough votes. The Republican majority research. promote national security. There are a has enough votes to make certain that Since World War II tremendous lot of things we have been led to be- they pass. They also have to go amounts of research have laid the basis lieve, but which are just ridiculous. through the Senate. That is a slow for much of the booming economy that Corporations are in the business to process. we have today. One of the biggest bene- make money and that is what they are So what has the Republican majority ficiaries has been the telecommuni- supposed to do. Nobody should worry of the House decided to do? They have cations industry. Telecommunications about that. They are there for profit taken the appropriations bills and they benefits all the way from computeriza- and that is their business. All power to have used the appropriations bills to tion and miniaturization of parts corporations to make profits. legislate these changes. They do not which were perfected first in Govern- Government and the people who run have authorizing legislation to deal ment research trying to get things to- the Government, Congressmen, Mem- with the gutting of OSHA and the de- gether for our missiles and our space bers of the House of Representatives struction of safety measures for Amer- program, all the way to satellites that and Members of the Senate, the Presi- ican workers, so they have cut OSHA are up there in the atmosphere now, dent, Government has the responsibil- by more than 30 percent, about 33 per- satellites that were perfected and de- ity of taking care of the country, of cent in the appropriations process. veloped by the Government. seeing that our society is not de- In the appropriations process they The biggest industry in terms of the stroyed, of seeing that families are not have put in language which says, no hardest industry in terms of dollars, in destroyed. Whatever is necessary to be H 8590 CONGRESSIONAL RECORD — HOUSE September 6, 1995 done now is up to us, not to corpora- derstand that this $270 billion in cuts sources on other things, other than tions. Let them go. They will do what- outlined in the Republican budget reso- seniors or their parents or grand- ever they can to increase their profits. lution is the largest cut in the history parents’ health care; for example, for That is their business. of Medicare. No matter how we figure their children’s education. If we go it out, it is going to result in major back to a system where seniors do not b 1945 out-of-pocket expenditures to our sen- have quality care or do not have suffi- The Republican plan to reduce Medi- ior citizens, and increased costs essen- cient care, then a lot of those costs are care funding by this $270 billion I be- tially. going to be borne by younger people lieve is going to force seniors to pay Second to that and just as important and make it more difficult for them to out of their pocket as much as $1,000 when we were out on the road and talk- do other things; for example, care for per year over the next few years. The ing to seniors was the concern that we their children or their children’s edu- biggest problem, though, is that right found on the part of senior citizens in cation. now we really do not know what the New Jersey, and I am sure it is shared Again, Mr. Speaker, I would stress Republican leadership is going to sug- with the rest of the country, that the that it really is not fair, because 30 gest as a means of implementing this Republican plan will restrict choice years ago this Congress made a com- major reduction in Medicare. If we and also reduce the quality of care; be- pact or a contract, if you will, with look at some of the proposals that are cause essentially what I think we are senior citizens that said that they out there, we can see that they are dev- going to see, and we have already heard would be provided with health care astating, but so far, there is not a spe- some talk about that, is that on the when they reached the age of 65. That cific proposal that we can examine in House side, the Republicans have put contract is essentially broken if Medi- detail. forward this idea of a voucher plan, care is gutted or if seniors do not have I am concerned that what we are that somehow they will give senior access to the doctors or hospital of going to see is that sometime toward citizens a check or a voucher, as it is their choice, or have quality care. the end of this month, in September, called, and that the seniors then take The Republicans on the Committee we are going to see a plan put forward that voucher or check to go out and on the Budget have put forward a num- at the last minute, without an oppor- buy their own health insurance in the ber of suggestions for implementing tunity for a great deal of debate, and it private market. this $270 billion cut in the Medicare is going to be brought to the House I think a lot of people do not realize program. They put together what they floor in some manner through a proce- that Medicare now is a government-run call a budget task force that came up dural vote so that there are only a few program. If we simply give people a with about over 30 recommendations hours or a few days or perhaps a little voucher and make them go out and buy about how to implement these cuts. I longer than that for this great national their own health insurance, a lot of just wanted to highlight a few of them. debate on how to change the Medicare them are not going to be able to afford I mentioned the voucher plan, which I Program. the existing what we call fee-for-serv- think is the worst of all. However, I would say that that is essentially a ice system, which allows them to some of the other ideas that were men- stealth plan; to bring this up at the choose their own doctor or their own tioned were increased premiums for last minute, bring it up when there is hospital and then have the Government new beneficiaries who use Medicare not a lot of time for the public to re- reimburse the doctor or the hospital fee-for-service. In other words, if in- view it, and then pass it. I think we for the care. stead of going to a voucher system, you have to guard against this stealth at- What will happen, I believe, is that if say to seniors, tack, and hopefully, certainly myself we do a voucher system, which again is Look, if you want to stay in a fee-for-serv- and others will bring it to the atten- budget-driven or cost-driven, a lot of ice system where you choose you own doctor, tion of the American public when this seniors will find that they cannot buy as opposed to an HMO, we will simply make finally comes out, that there has not a fee-for-service system that allows you pay more for that, for that type of a sys- been enough time, and there should be them to choose their own doctor or tem, the one you have now. enough time to review it in detail. their own hospital with the amount of The other option, of course, is to just Mr. Speaker, this past month, in Au- money they get in the voucher. There- increase deductibles or to increase gust, when we did have our district fore, they will be forced into what we copayments. Many seniors, most sen- work period for about 4 weeks, I had call HMO’s or managed care systems, iors know now, that there are the opportunity in my home State of which basically prevent or limit sen- deductibles and there are copayments New Jersey to join with the other iors’ choices with regard to doctors and for various services, so you could sim- Democratic Congressmen from my with regard to hospitals. ply increase those and there would be State to essentially try to put forward That is why we, as Democrats, have more out-of-pocket expenditures. to the public through various means been very suspicious of the Medicare However, the one thing that has not our concern about these Medicare re- cuts, not only because of the increased been highlighted very much, and I ductions. We had a very successful bus health costs for seniors, but also be- wanted to spend just a little bit of time trip around the State which started at cause if we move to a voucher system, on it today, because when I was back in the State House in Trenton and trav- where somehow we force senior citizens my district in New Jersey and I went eled from Trenton to Edison, in my dis- into a HMO, we are restricting their around, a lot of the people who showed trict, and then to Elizabeth, and finally choice of hospitals and we are restrict- up at either the forums or who called to North Bergen in Hudson County. ing their choice of physicians. In many me were from hospitals who were con- We expressed the concern, both my- cases many of the seniors have used cerned about the quality of care, and self, Mr. TORRICELLI, Mr. ANDREWS, Mr. the particular hospital or physician for what it would mean to the hospitals if MENENDEZ, and Mr. PAYNE, that the 30, 40 years, and all of a sudden they this program of Medicare cuts were to Republican plans of gutting Medicare will find they do not have a choice any- take place. would essentially end the Federal Gov- more. I was amazed when I got information ernment’s 3-decade-old commitment to However, the Medicare cuts not only from the State Hospital Association provide health coverage for older harm seniors, they also harm all Amer- and from some of the hospitals in my Americans. icans, because if we look at what has 6th Congressional District about how We gave four top reasons, pursuant happened in the past and what existed these cuts, what these cuts would mean to our bus trip, we called it the Medi- before the Medicare system was estab- in terms of dollars, because so many of care Express, why the public should op- lished 30 years ago, young families the hospitals in my part of the coun- pose the Republican Medicare cuts. I were often faced with the prospect of try, and I am sure in others, are so de- would like to highlight those four rea- caring for a seriously ill elderly rel- pendent upon Medicare, as well as Med- sons now, if I could. One I already sort ative, and faced bankruptcy in order to icaid funding. Medicaid is the program, of hinted at, and that is that we are care for that relative. Medicare has ba- the health care program, for poor peo- going to see dramatically increased sically made it possible for young fami- ple. Medicare is, or course, the health health costs for seniors. We have to un- lies to spend their hard-earned re- care program for senior citizens. September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8591

If I could take as an example Mon- Samoa [Mr. FALEOMAVAEGA] who I on Medicaid, the Federal-state program of mouth Medical Center, which is in my think would like to use some of the health insurance for the poor, over 7 years hometown of Long Branch, which we time that I have remaining. could deprive nine million more people of did visit, and where I talked with the I cannot help, in discussing Medicare coverage. The big mistake that both parties are making now is to ignore the larger need president of the hospital and some of and the proposals that the Republican for a universal health care plan. The debate the hospital executives about the prob- majority have put forward, not only may have gone away but the problem is as lems that they would face with these with Medicare but also with Medicaid, acute as ever. Polls still show universal cov- levels of Medicare cuts, they estimated the health care program for the poor, erage to be a concept that has wide support. that at Monmouth Medical Center, but think about what the situation was I think it is very sad that we are which is the largest area hospital in like in this House a year ago when the going to spend the next month here my district, that the Monmouth Medi- President had put forward a proposal talking about how to cut back on the cal Center would lose an estimated $77 for universal health coverage, and Medicare and the Medicaid program at million in Medicare payments over the whether or not we liked President Clin- a time when the number of uninsured next 7 years under this Republican pro- ton’s proposals, and I frankly did, but continues to grow. What I hoped, and I posal. whether or not you did or you did not, hope that some day we will see it, is Interestingly enough, Monmouth the focus of the debate in this House that the debate on Medicare reform Medical Center receives 55.17 percent, was on universal coverage, or at least would focus on what we could do to ex- or a majority of its revenues, from trying to achieve an increase in the pand Medicare in a way that made the Medicare and Medicaid. That figure is number of Americans that were cov- quality of health care better, and em- pretty much repeated for a lot of the ered by health insurance, rather than a phasized preventative care, and also other hospitals in my district. Jersey reduction. saved money. Shore Medical Center, which some peo- We talked then, a year ago, about the Those of us who have been concerned ple know recently had to lay off a lot fact that there were something like 30 about Medicare for a number of years of personnel, 56.29 percent of its reve- million to 40 million Americans that in this House, many of us on both sides nues are from those two programs; Riv- had no health insurance coverage. The of the aisles have talked about, in the erview in Red Bank, 51 percent; John bottom line is if we look at the statis- past have talked about expanding Med- F. Kennedy Medical Center in Edison, tics, that figure has only gotten worse icare to include prevention measures 59 percent; South Amboy Medical Cen- since that time a year ago. A year ago such as prescription drugs or home ter, also in my district, 57 percent. we had fewer people that were unin- health care. We know and studies have Although the Republican congres- sured, and we had the hope that we shown if you emphasize those preven- sional leadership has been vague about were going to try through some mecha- tion measures and you include pre- the specifics of their Medical proposal, nism to cover if not all of them, then a scription drugs or home health care it is inevitable that reductions in hos- significant portion of them. and long-term care in the Medicare pital spending will have to be a big Now one year later we face a situa- program, that prevents senior citizens part of this Medicare reduction pack- tion where significantly more Ameri- from having to go to a hospital, being age. The effects of these cuts will be cans, we estimate something like 43 to institutionalized in a nursing home, or felt throughout the community and 44 million Americans, have no health whatever, and ultimately saves the force many hospitals to make some insurance, yet, the focus in this House Federal Government billions of dollars really tough choices. I think that we is on cutting back on the Medicare pro- in costs for that institutionalized care. are going to see increasingly hospitals gram for the elderly and the Medicaid But instead of moving in that direc- laying off staff, that is already happen- program for the poor, which I would tion, looking for a Medicare reform ing to a lot of them, and many of the suggest ultimately is going to result in proposal that would actually expand community benefits that hospitals now even more people entering the rolls of Medicare, emphasize prevention, and offer, such as multiple health screening the uninsured. ultimately save money without nega- centers, transportation services, and Mr. Speaker, I would like to, if I tively impacting seniors’ health care, some of the clinics that are so impor- could, just quote some excerpts from a we are just talking about this budget- tant to a lot of people in my district recent editorial that was in the Star driven proposal by the Republican lead- and around the country would probably Ledger on September 3, which is the ership that would slash Medicare by end up closing. major, the largest daily circulation $270 billion and I believe ultimately The reductions in Medicare spending newspaper in the State of New Jersey. gut the Medicare program and signifi- that are being proposed by the Repub- It says: ‘‘Last year at this time it was cantly decrease the quality of health lican majority did not cover the addi- not just the major policy issue,’’ talk- care for America’s seniors. tional costs of program enrollment ing about health care reform under dis- Mr. Speaker, at this time, I would growth plus inflation, so in other cussion, ‘‘but almost the only one. This like to yield the balance of my time to words, what we are doing here is we are year, for all practical purposes, it’’, the the gentleman from American Samoa. not anticipating that a lot more sen- health care reform agenda: f iors will be entering into the Medicare Does not exist. Despite the intensity of to- program and taking advantage of it day’s political debate, it plays no part in the PROTESTING FRENCH NUCLEAR when we estimate what these costs are dialogue. TESTING IN THE PACIFIC going to mean. One would think the problem of bringing I have a lot of other information, and health care coverage to the uninsured had The SPEAKER pro tempore. Under I do not want to repeat it all. The bot- disappeared, or miraculously been solved, ex- the Speaker’s announced policy of May tom line is that increased Medicare ad- cept it has not. Things are worse. Last sum- 12, 1995, the gentleman from American missions are a substantial part of the mer when President Clinton unsuccessfully Samoa [Mr. FALEOMAVAEGA] is recog- revenue that a lot of New Jersey hos- pressed Congress to enact a system to pro- nized for 30 minutes. vide universal health care coverage, esti- Mr. FALEOMAVAEGA. Mr. Speaker, pitals receive, and we estimate through mates of the number of people without insur- the hospital association, again, the ance ranged from 37 million to 39 million. I want to thank my colleague from New Jersey Hospital Association, that This summer, with the fight for health care New Jersey for yielding me this time there are about 76 hospitals that would reform only a memory, the number of unin- and I really appreciate his consider- be on the critical list, in other words, sured has increased. Estimates now range as ation for allowing me to share with my either face closures or face significant high as 43.4 million. This means that one of colleagues and the American people downsizing if this Republican Medicare six Americans is without coverage, and that what is happening in French Polynesia, reduction takes effect. does not take into account those who are the eve of the French nuclear testing Mr. Speaker, I would like to just underinsured and those who are paying scan- catastrophe that I feel that what is dalously high individual rates for their in- mention a couple more things in a larg- surance. The number of uninsured will con- happening now. er sense before I conclude today. Then tinue to grow rapidly. Mr. Speaker, yesterday France deto- I am going to yield some time to my The Clinton administration claims that nated a nuclear bomb in French Poly- friend, the gentleman from American Republican plans to cut projected spending nesia, defying worldwide opinion which H 8592 CONGRESSIONAL RECORD — HOUSE September 6, 1995 has uniformly condemned their re- Mr. Speaker, after exploding over or animosity toward the people of sumption of nuclear testing. Mr. 1,000 nuclear bombs, the United States, France. The people of the Pacific only Speaker, about 2 hours ago, I person- who happens to be an ally of France, want to live without fear of nuclear ally received word from Tahiti’s most has already offered the technology for contamination in their vast ocean of prominent leader against nuclear test- which France seeks to achieve by ex- the marine environment. Is this asking ing, the mayor of the village of Take ploding 8 more nuclear bombs. Each too much of President Chirac who, Ah Ah, Mr. Temaru. nuclear bomb with a force of up to 10 maybe 10 or 50 years from now, when My colleagues, as I speak, Tahiti is times, 10 times more powerful than the we are going to be all gone but our burning right now. Tahiti is at a stand- nuclear bomb that we dropped on Hiro- children’s children will then ask how still. The only airport in Tahiti is shima 50 years ago. And that bomb, Mr. can the Government of France allow burning. As a result of France’s explo- Speaker, incidentally, killed 120,000 such nuclear contamination to happen? sion of the nuclear bomb in Mururoa men, women, and children in that city Mr. Speaker, I am reminded of what Atoll right now, Tahitians attempted with an additional 80,000 people who a great western leader once said. He to hold a peaceful demonstration and died as a result of radioactive contami- may have even been a French philoso- occupy the only airport on the island. nation and illnesses. pher, for all I know. But he said the As a result, a French military hurled Mr. Speaker, three major newspapers only real reason why evil continues to grenades and starting shooting at these and several others in the United exist in this world is because good men unarmed Tahitians. States, the New York Times, the Wash- do nothing. And I call upon President Mr. Speaker, what arrogance. Several ington Post, and the Los Angeles Clinton and the State Department, this Tahitians are wounded and Mr. Temaru Times, all called for President Chirac is the French Government that decided is making an appeal to the world com- to stop the nuclear tests in the South years ago, this is the very government munity of what is happening because Pacific. The U.S. Senate has also that decided years ago to withdraw its the French Government right now is passed a resolution under the leader- membership from NATO. This is the making every attempt to suppress ship of U.S Senator DANIEL AKAKA of same French Government that de- what is happening right now on this is- Hawaii that calls upon the Government manded that all United States forces land in French Polynesia. of France not to conduct these tests. In leave France within 60 days. And as I Mr. Speaker, there are several good the House of Representatives, the Com- recall history, Mr. Speaker, our Presi- reasons why France should not, does mittee on International Relations dent, through Secretary of State Dean not need to explode eight more nuclear unanimously adopted a resolution Rusk, personally hand-carried a letter bombs under the atoll, Mururoa Atoll. again calling upon the Government of and to let President De Gaulle know in First, France has already exploded 163 France not to conduct these nuclear verbatim that also included the 10,000 nuclear bombs in the atmosphere on testings. Mr. Speaker, President Clin- bodies of Americans who are buried in and under the Mururoa Atoll. The nu- ton has also issued a strong statement France who were there to fight, to lib- clear contamination under this atoll is last month to call upon all nations, es- erate France from Nazi Germany. equivalent to several times the con- pecially France and China, for a com- Mr. Speaker, this is the same French tamination of the city of Chernobyl in plete ban on termination or termi- Government which 50 years ago by Russia. And let me share with my col- nation of nuclear bomb testings. forced deportation of 75,000 French citi- leagues and the American people what Mr. Speaker, the United States alone zens to Nazi concentration camps and the atoll looks like, Mr. Speaker, if I has enough nuclear bombs to blow this as a result only 1,000 of those French can get a focus on this. And this is whole planet 10 times over. The notion citizens survived. What a shame, Mr. what the atoll looks like. This is a that the nation with more nuclear Speaker, what a shame. And this is the French document showing the areas of bombs will win the next nuclear war is same French Government who looks the atoll that is contaminated. And de- sheer nonsense and total madness of upon the 200,000 people who live in spite all this publicity that some of the what this world is doing now. Mr. French Polynesia and say yes, they are people have seen, the President of Speaker, if France does not set a good expendable. They are expendable be- French Polynesia swimming on the example by canceling nuclear bomb cause Paris is 15,000 miles away. The beach, it is a total misinformation tests, what is there is stop countries people of France have no concern what- given to the world community, and the like Iran and Iraq and Pakistan and soever about the leakages of the nu- fact is this atoll is contaminated, Mr. India to also conduct nuclear bomb clear contamination. The 200,000 men, Speaker. And it could be 10 years from tests and also either purchase or de- women, and children who live in now, 50 years from now, if this atoll velop their own nuclear arsenals? What French Polynesia, Mr. Speaker, are starts leaking nuclear contamination, madness, Mr. Speaker. When is this deemed expendable by the Chirac gov- the people of the Pacific are going to madness going to end? ernment’s policy to continue these nu- be the victims while Mr. Chirac contin- I personally visited Muruoa Atoll 3 clear bomb explosions, which is mad- ues to drink his wine in Paris. years ago, Mr. Speaker, and I must say ness. Mr. Speaker, France currently has in all candor, the military officials of Mr. Speaker, President Chirac drinks the third largest supply of nuclear France personally told me that that his wine. The island of Tahiti is burn- bombs in the world. Nuclear bombs are atoll is contaminated. The atoll is con- ing right now, at this moment. The weapons of genocide, Mr. Speaker. Nu- taminated. Mr. Speaker, in appealing total, the whole island is at a stand- clear bombs destroy everything and to the people of French Polynesia and still. There are blockades now taken at anything on sight, including human to the leaders of French Polynesia, who the airport. The airport is burning. As beings. Mr. Speaker, who are the are in constant contact with Mr. I said, Mr. Speaker, it is just a begin- French going to explode these bombs Chirac, one day the children of the Pa- ning. against? cific and their children’s children are What arrogance, Mr. Speaker. What The fact that Europe is united, we either going to live as a free people or arrogance on the part of a democratic have a NATO organization. And the as victims of nuclear contamination country like France. It is the best form fact that Chirac says that this is in the from the Pacific Ocean which has of true colonialism in its worst exam- national interest of France’s nuclear served our Polynesian people for cen- ple, and I cannot believe that here a de- deterrent force system, what about our turies as a highway system and also mocracy of the world is setting the friends in Germany? Should they then the source of all forms of life where worst example to the rest of the world. also be concerned that this is the kind man, the animals, and plants have co- When we talk about human rights, of thing that France is opening up a existed. when we talk about liberty, when we complete can of worms. What is there Mr. Speaker, this is truly a sad com- talk about freedom and these people for us then to tell Iran, Iraq, and Paki- mentary to make in a democratic are suffering and are victims because stan, that they have no right to con- country like France to totally dis- of this stupid and asinine policy of the duct nuclear testing for their national regard the sincere concerns of some 27 French Government to explode nuclear interest? What hypocrisy, Mr. Speaker, million men, women, and children who bombs in the Pacific. And the leaders what hypocrisy. live in the Pacific who have no hatred of the world, the community, the world September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8593 said if it is so safe, Mr. Chirac, why do want in life is just to live in peace. Is not buy French products, do not buy you not explode it in France? that asking too much of President French perfume, do not by French We do not need this madness. We do Chirac? Oh, no. President Chirac wants wines. Send a strong message to Presi- not need this nightmare. I might also, to so that he is a big man now. dent Chirac that the world community Mr. Speaker, there are only 1.2 million b 2015 and the American people support the American citizens living in the State victims of this whole thing, and this is of Hawaii. On the State of Hawaii, He is macho; he is De Gaulle the sec- the only way that that man is going to these are American citizens, Mr. ond. He wants to show that he has got listen to the wishes of the world com- Speaker, and I appeal again to the muscle there. munity. President, to the State Department, let I hope Chancellor Kohl will take no- Mr. Speaker, 63 percent of the people us not be submissive. Let us not be pas- tice of this fact. If I were a German cit- of France do not support nuclear test- sive to allow President Chirac to make izen, I would be a little concerned ing. The vast majority of the Tahitian these kinds of decisions that bring ten- about President Chirac’s ability to Polynesians, 200,000 men, women, and sion, that bring trouble and complete press that nuclear button. children who live in this area of the Why should Germany also not have disregard for the concerns and the lives world, do not support nuclear testing. nuclear deterrent force? I say, in every and the health and the welfare of the Yet because of the strong military justification, Germany should have people who live in the Pacific. lobby, the corporate lobby in France that same, but this is a farce that is Mr. Speaker, I was in Tahiti just 2 that probably supported President going on as far as nuclear testing is days ago. Never have I witnessed what Chirac during his campaign, is getting concerned. colonialism really means in the eve of Why should France be the only one? a payoff. That is what this is about. the 21st century. Tahitian people are And other democratic countries in Eu- The corporate lobby in France is get- the least educated. I learned that only rope, they should also have the same ting a payoff because of its support of a handful, this is after 150 years of technology. This is what France has President Chirac in his election cam- French colonialism, I was told by the done. paign this year. What a shame, Mr. Tahitians there are less than 10 Tahi- Chirac is the leading proponent of Speaker. What a shame this is the kind tians that were ever educated in the nuclear proliferation. What France has of policy the President of France ad- field of law. What a shame. What a done yesterday, it has opened up the heres to despite the wishes not only of shame, Mr. Speaker. nuclear arms tests again, and I call the people, the victims who live in I was joined by the Minister of Fi- upon President Clinton and Secretary these islands; they are getting nothing nance. The Minister of Finance, Mr. Christopher, let us not be passive about but the worst example of colonialism Takemura of Japan, quotes that this. This thing concerns the lives and in the middle of the 20th century. France is losing respect from nations the welfare of the American people just Again, Mr. Speaker, I appeal to my all over the world because of this stu- as much as the poor victims who are colleagues and the American people, do pid policy of exploding nuclear bombs caught between this whole episode on not buy French foods, do not buy in the Pacific. I might also note, Mr. how one man, not the goodness of the French products. This is the only way Speaker, that there were parliamentar- French people, one man and the ter- that President Chirac is going to listen ians from about 20 countries all over rible policy that his government has to common sense, listen and be a little the world who were there to lend their established since he has been in office more sensitive to the wishes of the peo- support in strong opposition to this for the first 100 days. I cannot believe ple who live there. stupid policy that President Chirac has this, Mr. Speaker; the worst example of Mr. Speaker, again I thank my established to continue these stupid colonialism on the eve of the 21st cen- friend, the gentleman from New Jersey. nuclear tests that we do not need in tury that we find a democratic country f this world. And why are we reinventing like France totally disregarding world the wheel? We have the technology. We opinion, totally disregarding the wish- LEAVE OF ABSENCE offered it to President Chirac. But he es of the local people who are going to By unanimous consent, leave of ab- does not want to accept it. What fool- be most impacted. Yet this man still sence was granted to: ishness. And if it is so much to say that went ahead and exploded that nuclear Mr. RIGGS (at the request of Mr. President Chirac can get away with bomb yesterday. I cannot believe this, ARMEY), for today, on account of per- this, then, Mr. Speaker, there is no jus- Mr. Speaker. sonal reasons. tification for the United States and for I ask the American people, you know, Mr. SISISKY (at the request of Mr. France to tell India, to tell Pakistan, there is one thing I have learned about GEPHARDT), for today, and the balance to tell Iraq, to tell Iran, you cannot ex- American tradition. Mr. Speaker, they of the week, on account of medical rea- periment with nuclear bombs. That is always like to support the underdog be- sons. nonsense and I urge my colleagues, I cause we were the underdogs when we Mr. TUCKER (at the request of Mr. urge the American people to help, to were colonies and happened to be going GEPHARDT), for today, and the balance help the 200,000 Polynesian Tahitians against the greatest power, that hap- of the week, on account of official busi- who are the victims. pened to be the British empire. Who ness. I might also add, Mr. Speaker, the would dare challenge the British em- Mr. MFUME (at the request of Mr. media has done a disservice to this pire for its form of colonialism? This GEPHARDT), for today, on account of whole issue of nuclear bomb testings exactly is the situation facing the district business. seeking only the opinions of people liv- Polynesians, 200,000 people who do not Mr. PETE GEREN of Texas (at the re- ing in Europe, seeking only the opin- have guns, grenades. They are still pad- quest of Mr. GEPHARDT), for today, on ions of policymakers but never looking dling canoes to make a living, enjoying account of family medical emergency. at the situation of the victims, the peo- what nature has given them, enjoying f ple, the indigenous people who live in what God has given them. these islands, never, never regarding Is it asking so much that these peo- SPECIAL ORDERS GRANTED their concerns and their needs to live. ple want to live as any others, Mr. By unanimous consent, permission to And that is all they want, Mr. Speaker. Speaker? Mr. Speaker, what nonsense, address the House, following the legis- They just want to simply live as a what madness that the President of lative program and any special orders people whose lives depend on the ocean, France has the gall, the mitigated gall, heretofore entered, was granted to: whose lives depend on these atolls and to press that nuclear button yesterday. (The following Members (at the re- these islands, and I just cannot believe If the Tahitians get killed and quest of Mr. BRYANT of Texas) to revise this, Mr. Speaker. I cannot believe this wounded, if that place is burning, I say and extend their remarks and include is at the eve of the 21st century we this should be on the head of President extraneous material:) have a country like France, supposedly Chirac, that he should be taking full Mr. BRYANT of Texas, for 5 minutes, a democracy, practicing the worst evils responsibility for this. today. of colonialism against these 200,000 I call upon my colleagues and the Mrs. SCHROEDER, for 5 minutes, people that live there and all they goodness of the American people, do today. H 8594 CONGRESSIONAL RECORD — HOUSE September 6, 1995

Ms. DELAURO, for 5 minutes, today. (The following Members (at the re- ‘‘George J. Mitchell Post Office Building’’; Mr. WARD, for 5 minutes, today. quest of Mr. BURTON of Indiana) and to and Mr. DOGGETT, for 5 minutes, today. include extraneous matter:) H.R. 2108. An act to permit the Washington Convention Center Authority to expend reve- Mr. DURBIN, for 5 minutes, today. Mr. HUNTER. nues for the operation and maintenance of Mr. WISE, for 5 minutes, today. Mr. OXLEY. the existing Washington Convention Center Mrs. THURMAN, for 5 minutes, today. Mr. RADANOVICH. and for preconstruction activities relating to Mr. LOFGREN, for 5 minutes, today. Mr. GILMAN. a new convention center in the District of Mr. LEWIS of Georgia, for 5 minutes, Mr. SPENCE. Columbia, to permit a designated authority today. Mr. QUILLEN. of the District of Columbia to borrow funds (The following Members (at the re- Mr. QUINN. for the preconstruction activities relating to quest of Mr. SCARBOROUGH) to revise Mr. EMERSON in two instances. a sports arena in the District of Columbia and to permit certain revenues to be pledged and extend their remarks and include Mr. EHRLICH. extraneous material:) as security for the borrowing of such funds, (The following Members (at the re- and for other purposes. Mr. FORBES, for 5 minutes, today. quest of Mr. PALLONE) and to include Mr. SCARBOROUGH, for 5 minutes, extraneous matter:) f today. Mr. COSTELLO. BILLS PRESENTED TO THE Mr. GOSS, for 5 minutes, today. Mr. OWENS. PRESIDENT (The following Member (at his own Mr. VENTO. request) to revise and extend his re- Mr. MFUME. Mr. THOMAS, from the Committee marks and include extraneous mate- Mr. REED. on House Oversight, reported that that rial:) Mr. RICHARDSON. committee did on the following days Mr. BILBRAY, for 5 minutes, today. Mr. BEREUTER. present to the President, for his ap- (The following Member (at her own Mr. PARKER. proval, bills of the House of the follow- request) to revise and extend her re- Mr. SAXTON. ing titles: marks and include extraneous mate- Mr. MENENDEZ. On August 11, 1995: rial:) H.R. 2161. An act to extend authorities f Mr. PELOSI, for 5 minutes, today. under the Middle East Peace Facilitation (The following Member (at his own SENATE BILLS AND CONCURRENT Act of 1994 until October 1, 1995, and for other purposes. request) to revise and extend his re- RESOLUTION REFERRED marks and include extraneous mate- On August 28, 1995: Bills and a concurrent resolution of rial:) H.R. 2108. An act to permit the Washington the Senate of the following titles were Convention Center Authority to expend reve- Mr. DICKS, for 5 minutes, today. taken from the Speaker’s table and, nues for the operation and maintenance of (The following Members (at the re- under the rule, referred as follows: the existing Washington Convention Center quest of Mr. BURTON of Indiana) to re- S. 369. An act to designate the Federal and for preconstruction activities relating to vise and extend their remarks and in- a new convention center in the District of clude extraneous material:) Courthouse in Decatur, Alabama, as the ‘‘Seybourn H. Lynne Federal Courthouse’’, Columbia, to permit a designated authority Mr. BURTON of Indiana, for 5 minutes, and for other purposes; to the Committee on of the District of Columbia to borrow funds today and on September 7. Transportation and Infrastructure. for the preconstruction activities relating to Mr. GEKAS, for 5 minutes, today. S. 965. An act to designate the United a sports arena in the District of Columbia and to permit certain revenues to be pledged Mr. DREIER, for 5 minutes, today. States Courthouse for the Eastern District of as security for the borrowing of such funds, Mr. MCINTOSH, for 5 minutes, on Sep- Virginia in Alexandria, Virginia, as the Al- and for other purposes; tember 7. bert V. Bryan United States Courthouse; to the Committee on Transportation and Infra- H.R. 584. An act to direct the Secretary of Mrs. SMITH of Washington, for 5 min- the Interior to convey a fish hatchery to the utes, today. structure. S. Con. Res. 22. Concurrent resolution ex- State of Iowa; Mr. FOX of Pennsylvania, for 5 min- pressing the sense of the Congress that the H.R. 2077. An act to designate the United utes, today. United States should participate in Expo ’98 States Post Office building located at 33 Col- Mr. KINGSTON, for 5 minutes, today. in Lisbon, Portugal; to the Committee on lege Avenue in Waterville, Maine, as the ‘‘George J. Mitchell Post Office Building’’; f International Relations. H.R. 614. An act to direct the Secretary of f EXTENSION OF REMARKS the Interior to convey to the State of Min- nesota the New London National Fish Hatch- By unanimous consent, permission to ENROLLED BILLS SIGNED ery production facility; revise and extend remarks was granted Mr. THOMAS, from the Committee H.R. 535. An act to direct the Secretary of to: on House Oversight, reported that that the Interior to convey the Corning National (The following Member (at the re- committee had examined and found Fish Hatchery to the State of Arkansas; and quest of Mr. SCARBOROUGH) and to in- truly enrolled bills of the House of the H.R. 1225. An act to amend the Fair Labor clude extraneous matter:) Standards Act of 1938 to exempt employees following titles, which were thereupon who perform certain court reporting duties Mr. KING. signed by the Speaker: from the compensatory time requirements (The following Members (at the re- H.R. 1225. An act to amend the Fair Labor applicable to certain public agencies, and for quest of Mr. WISE) and to include ex- Standards Act of 1938 to exempt employees other purposes. traneous matter:) who perform certain court reporting duties f Mr. WAXMAN. from compensatory time requirements appli- Mr. LEVIN. cable to certain public agencies, and for ADJOURNMENT Mr. HAMILTON in five instances. other purposes; H.R. 2161. An act to extend authorities Mr. PALLONE. Mr. Speaker, I move Mr. LANTOS. under the Middle East Peace Facilitation that the House do now adjourn. Mrs. MEEK of Florida. Act of 1994 until October 1, 1995, and for The motion was agreed to; accord- Mr. CARDIN. other purposes; ingly (at 8 o’clock and 20 minutes Mr. STARK. H.R. 535. An act to direct the Secretary of p.m.), the House adjourned until to- Mr. POMEROY. the Interior to convey the Corning National morrow, Thursday, September 7, 1995, Mr. MARTINEZ in three instances. Fish Hatchery to the State of Arkansas; at 10 a.m. Mrs. SCHROEDER. H.R. 584. An act to direct the Secretary of Mr. FOGLIETTA in three instances. the Interior to convey a fish hatchery to the f Mr. UNDERWOOD. State of Iowa; H.R. 614. An act to direct the Secretary of EXECUTIVE COMMUNICATIONS, Mr. TORRES in two instances. the Interior to convey to the State of Min- ETC. Mrs. LINCOLN in two instances. nesota the New London National Fish Hatch- Mr. VISCLOSKY in two instances. ery production facility; Under clause 2 of rule XXIV, execu- Mrs. MALONEY. H.R. 2077. An act to designate the United tive communications were taken from Mr. MINETA. States Post Office building located at 33 Col- the Speaker’s table and referred as fol- Mr. HASTINGS of Florida. lege Avenue in Waterville, Maine, as the lows: September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8595 1310. A letter from the Secretary of Agri- (Transmittal No. 35–95), pursuant to 22 U.S.C. monthly report on progress toward a nego- culture, transmitting a draft of proposed leg- 2796a(a); to the Committee on International tiated settlement of the Cyprus question, in- islation entitled the ‘‘Packers and Stock- Relations. cluding any relevant reports from the Sec- yards Licensing Fee Act of 1995’’; to the 1324. A letter from the Acting Director, De- retary General of the United Nations, pursu- Committee on Agriculture. fense Security Assistance Agency, transmit- ant to 22 U.S.C. 2373(c); to the Committee on 1311. A letter from the Secretary of Agri- ting notification concerning the Department International Relations. culture, transmitting a draft of proposed leg- of the Army’s proposed Letter(s) of Offer and 1335. A communication from the President islation entitled ‘‘The Animal and Plant Acceptance [LOA] to Kuwait for defense arti- of the United States, transmitting notifica- Health Inspection Service Omnibus User Fee cles and services (Transmittal No. 95–33), tion that the emergency regarding export Act of 1995’’; to the Committee on Agri- pursuant to 22 U.S.C. 276(b); to the Commit- control regulations is to continue in effect culture. tee on International Relations. beyond August 19, 1995, pursuant to 50 U.S.C. 1312. A communication from the President 1325. A letter from the Acting Director, De- 1622(d) (H. Doc. No. 104–109); to the Commit- of the United States, transmitting amend- fense Security Assistance Agency, transmit- tee on International Relations and ordered ments to the fiscal year 1996 appropriations ting the Department of the Army’s proposed to be printed. requests for the Department of Energy, pur- lease of defense articles to Oman (Transmit- 1336. A letter from the Assistant Legal Ad- suant to 31 U.S.C. 1106(b) (H. Doc. No. 104– tal No. 26–95), pursuant to 22 U.S.C. 2796a(a); viser for Treaty Affairs, Department of 110); to the Committee on Appropriations to the Committee on International Rela- State, transmitting copies of international and ordered to be printed. tions. agreements, other than treaties, entered into 1313. A letter from the Director, the Office 1326. A letter from the Director, Defense by the United States, pursuant to 1 U.S.C. of Management and Budget, transmitting Security Assistance Agency, transmitting 112b(a); to the Committee on International the cumulative report on rescissions and de- the Department of the Air Force’s proposed Relations. ferrals of budget authority as of August 1, lease of defense articles to France (Trans- 1337. A letter from the Assistant Legal Ad- 1995, pursuant to 2 U.S.C. 685(e) (H. Doc. No. mittal No. 34–95), pursuant to 22 U.S.C. viser for Treaty Affairs, Department of 104–112); to the Committee on Appropriations 2796a(a); to the Committee on International State, transmitting copies of international and ordered to be printed. Relations. agreements, other than treaties, entered into 1314. A letter from the Under Secretary of 1327. A letter from the Director, Defense by the United States, pursuant to 1 U.S.C. Defense, transmitting a report of a violation Security Assistance Agency, transmitting 112b(a); to the Committee on International of the Anti-Deficiency Act which occurred in notification concerning a cooperative project Relations. 1338. A letter from the Assistant Secretary the 185th Fighter Group in the Iowa Air Na- with the Netherlands (Transmittal No. 10– for Legislative Affairs, Department of State, tional Guard [ANG], pursuant to 31 U.S.C. 95), pursuant to 22 U.S.C. 2767(f); to the Com- transmitting notification that a reward has 1517(b); to the Committee on Appropriations. mittee on International Relations. 1315. A letter from the Under Secretary of 1328. A letter from the Assistant Secretary been paid pursuant to 22 U.S.C. 2708(h), pur- Defense, transmitting a report of a violation for Legislative Affairs, Department of State, suant to 22 U.S.C. 2708(h); to the Committee on International Relations. of the Anti-Deficiency Act which occurred in transmitting the Secretary’s determination 1339. A communication from the President the Foreign Military Sales [FMS] Trust that the Government of the Russian Federa- of the United States, transmitting a report tion has, on or after October 24, 1992, know- Fund, pursuant to 31 U.S.C. 1517(b); to the on the cumulative incremental cost of all ingly transferred to another country missile Committee on Appropriations. United States activities in Haiti subsequent 1316. A letter from the Under Secretary of technology inconsistent with the guidelines to September 30, 1993, pursuant to Public Defense, transmitting selected acquisition and parameters of the Missile Technology Law 104–6, section 107(a) (109 Stat. 80); to the reports [SAR’s] for the quarter ending June Control Regime, also the Secretary’s deter- Committee on International Relations. 30, 1995, pursuant to 10 U.S.C. 2432; to the mination that it is important to the national 1340. A communication from the President Committee on National Security. interest of the United States to furnish as- of the United States transmitting an alter- 1317. A letter from the Principal Deputy sistance that would otherwise be prohibited, native plan for a Federal employees’ pay ad- General Counsel, Department of Defense, pursuant to 22 U.S.C. 2295a(b)(3) and 22 U.S.C. justment to become effective on the first day transmitting a draft of proposed legislation 2295a(c)(1); to the Committee on Inter- of the first applicable pay period on or after to amend title 10, United States Code, to national Relations. January 1, 1996, pursuant to 5 U.S.C. consolidate provisions of law regarding 1329. A letter from the Assistant Secretary 5305(c)(1) (H. Doc. No. 104–111); to the Com- international defense acquisition into a new for Legislative Affairs, Department of State, mittee on Government Reform and Oversight defense trade and cooperation chapter, and transmitting a copy of Presidential Deter- and ordered to be printed. for other purposes; to the Committee on Na- mination No. 95–34: Determination to Au- 1341. A letter from the Chairman, Council tional Security. thorize the Furnishing of Emergency Mili- of the District of Columbia, transmitting a 1318. A letter from the Vice-Chairman and tary Assistance to the United Nations for copy of D.C. Act 11–128, ‘‘Closing of a Public Chief Operating Officer, Export-Import Bank Purposes of Supporting the Rapid Reaction Alley in Square 4337 S.O. 94–163, Act of 1995,’’ of the United States; transmitting a report Force in Bosnia Under Section 506(a)(1) of pursuant to D.C. Code, section 1–233(c)(1); to involving United States exports to the the Foreign Assistance Act, pursuant to 22 the Committee on Government Reform and Phillipines, pursuant to 12 U.S.C. 635(b)(3)(i); U.S.C. 2348a; to the Committee on Inter- Oversight. to the Committee on Banking and Financial national Relations. 1342. A letter from the Chairman, Council Services. 1330. A letter from the Assistant Secretary of the District of Columbia, transmitting a 1319. A letter from the President and for Legislative Affairs, Department of State, copy of D.C. Act 11–129, ‘‘Advisory Neighbor- Chairman, Export-Import Bank of the United transmitting a report pursuant to section 3 hood Commission Vacancy Amendment Act States, transmitting a report involving Unit- of the AECA concerning the unauthorized of 1995,’’ pursuant to D.C. Code, section 1– ed States exports to Mexico, pursuant to 12 transfer of U.S.-origin defense articles, pur- 233(c)(1); to the Committee on Government U.S.C. 635(b)(3)(i); to the Committee on suant to 22 U.S.C. 2314(d); to the Committee Reform and Oversight. Banking and Financial Services. on International Relations. 1343. A letter from the Chairman, Council 1320. A letter from the Administrator, En- 1331. A letter from the Assistant Secretary of the District of Columbia, transmitting a ergy Information Administration, transmit- for Legislative Affairs, Department of State, copy of D.C. Act 11–130, ‘‘Omnibus Sports ting the Energy Information Administra- transmitting a report pursuant to section 3 Consolidation Act of 1994 Temporary Amend- tion’s annual energy review 1994, pursuant to of the AECA concerning the unauthorized ment Act of 1995,’’ pursuant to D.C. Code, 15 U.S.C. 790f(a)(2); to the Committee on transfer of U.S.-origin defense articles, pur- section 1–233(c)(1); to the Committee on Gov- Commerce. suant to 22 U.S.C. 2314(d); to the Committee ernment Reform and Oversight. 1321. A letter from the Acting Director, De- on International Relations. 1344. A letter from the Chairman, Council fense Security Assistance Agency, transmit- 1332. A letter from the Assistant Secretary of the District of Columbia, transmitting a ting the price and availability report for the for Legislative Affairs, Department of State, copy of D.C. Act 11–131, ‘‘Extension of the quarter ending June 30, 1995, pursuant to 22 transmitting a report pursuant to section 3 Moratorium on Retail Service Station Con- U.S.C. 2768; to the Committee on Inter- of the AECA concerning the unauthorized versions Temporary Amendment Act of national Relations. transfer of U.S.-origin defense articles, pur- 1995,’’ pursuant to D.C. Code, section 1– 1322. A letter from the Director, Defense suant to 22 U.S.C. 2314(d); to the Committee 233(c)(1); to the Committee on Government Security Assistance Agency, transmitting on International Relations. Reform and Oversight. notification that the Department of Defense 1333. A letter from the Assistant Secretary 1345. A letter from the Chairman, Council has completed delivery of defense articles, for Legislative Affairs, Department of State, of the District of Columbia, transmitting a services, and training on the attached list to transmitting a copy of Presidential Deter- copy of D.C. Act 11–132, ‘‘Reorganization Bangladesh, pursuant to 22 U.S.C. 2318(b)(2); mination No. 95–36: Suspending Restrictions Plan No. 1 of 1995 for the Department of to the Committee on International Rela- on U.S. Relations with the Palestine Libera- Human Services and Department of Correc- tions. tion Organization, pursuant to Public Law tions Temporary Act of 1995,’’ pursuant to 1323. A letter from the Acting Director, De- 103–236, section 583(b)(2) (108 Stat. 489); to the D.C. Code, section 1–233(c)(1); to the Commit- fense Security Assistance Agency, transmit- Committee on International Relations. tee on Government Reform and Oversight. ting the Department of the Army’s proposed 1334. A communication from the President 1346. A letter from the Auditor, District of lease of defense articles to Saudi Arabia of the United States, transmitting the bi- Columbia, transmitting a copy of a report H 8596 CONGRESSIONAL RECORD — HOUSE September 6, 1995 entitled ‘‘Review of the Water and Sewer poses, pursuant to 31 U.S.C. 1110; jointly, to mittee on the Judiciary, and in addition to Utility Administration’s Participation in the the Committees on Science and Government the Committee on Standards of Official Con- District’s Cash Management Pool,’’ pursuant Reform and Oversight. duct, for a period to be subsequently deter- to D.C. Code, section 47–117(d); to the Com- 1359. A letter from the Comptroller Gen- mined by the Speaker, in each case for con- mittee on Government Reform and Over- eral, General Accounting Office, transmit- sideration of such provisions as fall within sight. ting a report entitled ‘‘Financial Audit: Ex- the jurisdiction of the committee concerned. 1347. A letter from the Comptroller Gen- amination of IRS’ Fiscal Year 1994 Financial By Mr. CALLAHAN (for himself, Mr. eral, General Accounting Office, transmit- Statements’’ (GAO/AIMD–95–141), pursuant BEVILL, Mr. BROWDER, Mr. EVERETT, ting the list of all reports issued or released to Public Law 101–576, section 305 (104 Stat. Mr. BACHUS, Mr. CRAMER, and Mr. in July 1995, pursuant to 31 U.S.C. 719(h); to 2853); jointly, to the Committees on Ways HILLIARD): the Committee on Government Reform and and Means and Government Reform and H.R. 2262. A bill to designate the U.S. post Oversight. Oversight. office building located at 218 North Alston 1348. A letter from the Administrator, Pan- f Street in Foley, AL, as the ‘‘Holk Post Office ama Canal Commission, transmitting a re- Building’’; to the Committee on Government port of activities under the Freedom of Infor- REPORTS OF COMMITTEES ON Reform and Oversight. mation Act for calendar year 1994, pursuant PUBLIC BILLS AND RESOLUTIONS By Mrs. CHENOWETH: to 5 U.S.C. 552(d); to the Committee on Gov- H.R. 2263. A bill to compensate agricul- ernment Reform and Oversight. Under clause 2 of rule XIII, reports of tural producers in the United States for 1349. A letter from the Clerk, U.S. House of committees were delivered to the Clerk damages incurred as a result of trade embar- Representatives, transmitting the quarterly for printing and reference to the proper goes that include agricultural commodities report of receipts and expenditures of appro- calendar, as follows: and products produced in the United States priations and other funds for the period April [Omitted from the Record of August 4, 1995] among the prohibited trade items; to the 1, 1995 through June 30, 1995, pursuant to 2 Committee on Agriculture. Mr. WALKER: Committee on Science. H.R. U.S.C. 104a (H. Doc. No. 104–113); to the Com- By Mr. EVANS (for himself, Mr. GENE 1815. A bill to authorize appropriations for mittee on House Oversight and ordered to be GREEN of Texas, Mr. WILLIAMS, and the National Oceanic and Atmospheric Ad- printed. Mrs. SCHROEDER): ministration for fiscal year 1996, and for 1350. A letter from the Deputy Associate H.R. 2264. A bill to amend title 5, United other purposes; with an amendment (Rept. Director for Compliance, Department of the States Code, to provide that civilian employ- 104–237 Pt. 1). Ordered to be printed. Interior, transmitting notification of pro- ees of the National Guard may not be re- posed refunds of excess royalty payments in [Submitted September 1, 1995] quired to wear military uniforms while per- OCS areas, pursuant to 43 U.S.C. 1339(b); to Mr. GOODLING: Committee on Economic forming civilian service; to the Committee the Committee on Resources. and Educational Opportunities. H.R. 1594. A on Government Reform and Oversight, and 1351. A letter from the Deputy Associate bill to place restrictions on the promotion by in addition to the Committee on National Director for Compliance, Department of the the Department of Labor and other Federal Security, for a period to be subsequently de- Interior, transmitting notification of pro- agencies and instrumentalities of economi- termined by the Speaker, in each case for posed refunds of excess royalty payments in cally targeted investments in connection consideration of such provisions as fall with- OCS areas, pursuant to 43 U.S.C. 1339(b); to with employee benefit plans; with an amend- in the jurisdiction of the committee con- the Committee on Resources. ment (Rept. 104–238). Referred to the Com- cerned. 1352. A letter from the Assistant Secretary mittee of the Whole House on the State of By Mr. FUNDERBURK (for himself, for Land and Minerals Management, Depart- the Union. Mr. HILLEARY, Mr. DELAY, Mr. ment of the Interior, transmitting notice on [Submitted September 6, 1995] BOEHNER, Mr. BROWDER, Mr. leasing systems for the western Gulf of Mex- Mrs. MEYERS: Committee on Small Busi- BAESLER, Mr. JONES, Mr. TAYLOR of ico, Sale 155, scheduled to be held in Septem- ness. H.R. 2150. A bill to amend the Small North Carolina, Mr. BALLENGER, Mr. ber 1995, pursuant to 43 U.S.C. 1337(a)(8); to Business Investment Act of 1958 to reduce COBLE, Mr. SCOTT, Mr. BURTON of In- the Committee on Resources. the cost to the Federal Government of guar- diana, Mr. QUILLEN, Mr. LEWIS of 1353. A letter from the Secretary of Health anteeing certain loans and debentures, and Kentucky, Mr. GRAHAM, Mr. MICA, and Human Services, transmitting the 28th for other purposes; with an amendment Mr. GORDON, Mr. ROGERS, Mr. BURR, in a series of reports on refugee resettlement (Rept. 104–239). Referred to the Committee of Mr. HEINEMAN, Mr. SOUDER, Mr. in the United States covering the period Oc- the Whole House on the State of the Union. HOSTETTLER, Mr. MCINTOSH, Mr. tober 1, 1993 through September 30, 1994, pur- CHAMBLISS, Mr. BARR, Mr. KINGSTON, f suant to 8 U.S.C. 1523(a); to the Committee Mr. COLLINS of Georgia, and Mr. BRY- on the Judiciary. TIME LIMITATION OF REFERRED ANT of Tennessee): 1354. A letter from the Secretary-Treas- H.R. 2265. A bill to prohibit the regulation urer, Congressional Medal of Honor Society BILL of any tobacco products, or tobacco spon- of the United States of America, transmit- Pursuant to clause 5 of rule X the fol- sored advertising, used or purchased by the ting the annual financial report of the Soci- lowing action was taken by the Speak- National Association of Stock Car Auto- ety for calendar year 1994, pursuant to 36 er: mobile Racing, its agents or affiliates, or U.S.C. 1101(19) and 1103; to the Committee on any other professional motor sports associa- [Omitted from the Record of August 4, 1995] the Judiciary. tion by the Secretary of Health and Human 1355. A letter from the Administrator, Gen- H.R. 1815. Referral to the Committee on Services or any other instrumentality of the eral Services Administration, transmitting a Resources extended for a period ending not Federal Government; to the Committee on draft of proposed legislation entitled ‘‘the later than September 22, 1995. Commerce. Emergency Leasing Act of 1995’’; to the Com- f By Mr. HINCHEY (for himself, Mr. GIL- mittee on Transportation and Infrastruc- MAN, and Mrs. LOWEY): ture. PUBLIC BILLS AND RESOLUTIONS H.R. 2266. A bill to establish the Hudson 1356. A letter from the Deputy Under Sec- Under clause 5 of rule X and clause 4 River Valley American Heritage Area; to the retary (Environmental Security), Depart- of rule XXII, public bills and resolu- Committee on Resources. ment of Defense, transmitting a report on By Mr. MARTINEZ: the Defense Environmental Restoration pro- tions were introduced and severally re- H.R. 2267. A bill to amend the Comprehen- gram for fiscal year 1994, pursuant to 10 ferred as follows: sive Environmental Response, Compensa- U.S.C. 2706(a)(1); jointly, to the Committees By Mr. MCCOLLUM: tion, and Liability Act of 1980 to prevent the on National Security and Commerce. H.R. 2259. A bill to disapprove certain sen- construction of a gas recovery treatment fa- 1357. A letter from the Secretaries of Agri- tencing guideline amendments; to the Com- cility at the OII site east of downtown Los culture and Transportation, transmitting a mittee on the Judiciary. Angeles; to the Committee on Commerce. copy of a study on aviation inspections, pur- By Mr. NUSSLE: By Mr. MCHALE (for himself, Mr. suant to section 306 of the Federal Crop In- H.R. 2260. A bill to establish America’s Ag- SHAYS, Mr. DEAL of Georgia, Mr. surance Reform and Department of Agri- ricultural Heritage Partnership in Iowa, and DICKEY, Mr. BARRETT of Wisconsin, culture Reorganization Act of 1994; jointly, for other purposes; to the Committee on Ag- Mr. MINGE, Mr. KLUG, Mrs. to the Committees on Transportation and In- riculture, and in addition to the Committee WALDHOLTZ, Mr. CASTLE, Mr. ZIMMER, frastructure and Agriculture. on Resources, for a period to be subsequently Mr. MEEHAN, and Mr. LUTHER): 1358. A letter from the Administrator, Na- determined by the Speaker, in each case for H.R. 2268. A bill to provide for the disclo- tional Aeronautics and Space Administra- consideration of such provisions as fall with- sure of lobbying activities to influence the tion, transmitting a draft of proposed legis- in the jurisdiction of the committee con- Federal Government, and for other purposes. lation to authorize appropriations to the Na- cerned. By Mr. NADLER: tional Aeronautics and Space Administra- By Mr. BRYANT of Texas (for himself, H.R. 2269. A bill to guarantee the provision tion for human space flight, science, aero- and Mr. OBEY): of minimum child support benefits and to re- nautics, and technology, mission support, H.R. 2261. A bill to provide for the regula- form the child support enforcement system; and inspector general, and for other pur- tion of lobbyists and gift reform; to the Com- to the Committee on Ways and Means, and in September 6, 1995 CONGRESSIONAL RECORD — HOUSE H 8597

addition to the Committees on Commerce, 155. By the SPEAKER: Memorial of the H.R. 1297: Mr. ANDREWS. Banking and Financial Services, Agri- House of Representatives of the State of Ala- H.R. 1446: Mr. DOOLITTLE. culture, and Economic and Educational Op- bama, relative to expressing opposition to H.R. 1462: Mr. LEWIS of Georgia, Mr. SABO, portunities, for a period to be subsequently Congress of pending bills to reduce benefits Mr. DELLUMS, Mr. FORBES, Mr. SANDERS, Mr. determined by the Speaker, in each case for for coal miners; to the Committee on Eco- WYNN, Mr. CLEMENT, and Mr. STARK. consideration of such provisions as fall with- nomic and Educational Opportunities. H.R. 1482: Mrs. THURMAN. in the jurisdiction of the committee con- 156. Also, memorial of the House of Rep- H.R. 1483: Mrs. THURMAN. cerned. resentatives of the Commonwealth of the H.R. 1527: Mr. NETHERCUTT. By Mr. SHADEGG: Mariana Islands, relative to expressing the H.R. 1593: Mr. FROST. H.R. 2270. A bill to require Congress to support of the Commonwealth of the North- H.R. 1595: Mr. LANTOS, Mr. CANADY, Mrs. specify the source of authority under the ern Mariana Islands for the Republic of MEEK of Florida, Mr. SHAW, Mr. RANGEL, Mr. U.S. Constitution for the enactment of laws, China to regain admission to the United Na- RIGGS, Mr. STOCKMAN, Mr. DOYLE, Mrs. and for other purposes; to the Committee on tions General Assembly; to the Committee SEASTRAND, Mr. SHADEGG, Mrs. KELLY, Mr. the Judiciary. on International Relations. TANNER, Mr. SCHUMER, Mr. STUPAK, Mr. By Ms. SLAUGHTER: 157. Also, memorial of the House of Rep- SALMON, Mr. MCHALE, and Mr. ALLARD. H.R. 2271. A bill to amend the Communica- resentatives of the State of Maine, relative H.R. 1619: Mr. YATES, Mr. MARTINEZ, Mrs. tions Act of 1934 to require radio and tele- to memorializing the Congress of the United MINK of Hawaii, Mr. SANDERS, and Mrs. MEEK vision broadcasters to provide free broad- States to recognize U.S. Merchant Marine of Florida. casting time for political advertising; to the veterans of World War II with full veteran H.R. 1627: Mr. ROTH, Mr. LIGHTFOOT, Mr. Committee on Commerce. status; to the Committee on Veterans’ Af- CALLAHAN, Mr. LIPINSKI, Mr. DELAY, Mr. By Mr. VENTO: fairs. SHUSTER, Mr. GOSS, Mr. ROYCE, Mr. BEVILL, H.R. 2272. A bill to amend the Internal Rev- H.R. 42: Mr. MINETA, Mr. MORAN, Mr. SAND- and Mr. DEAL of Georgia. enue Code of 1986 to provide an exclusion ERS, Ms. SLAUGHTER, Ms. LOFGREN, and Mr. H.R. 1636: Mr. ENGLISH of Pennsylvania, from gross income for that portion of a gov- FOGLIETTA. Mr. CHAPMAN, Mr. TAYLOR of North Carolina, ernmental pension received by an individual H.R. 44: Mr. LIVINGSTON, Mr. BREWSTER, Mr. TALENT, Mr. UPTON, Mr. PETE GEREN of which does not exceed the maximum benefits Mr. CHRISTENSEN, Mr. ENGEL, Mr. FLAKE, Mr. Texas, Mr. GOODLATTE, Mr. SMITH of Texas, payable under title II of the Social Security PARKER, Mr. TAYLOR of Mississippi, and Mr. Mr. CANADY, Mr. MOORHEAD, Mr. HASTERT, Act which could have been excluded from in- HOEKSTRA. and Ms. DUNN of Washington. come for the taxable year; to the Committee H.R. 65: Mr. LARGENT, Mr. FRAZER, and Mr. H.R. 1733: Mr. CANADY and Mr. MORAN. on Ways and Means. TORKILDSEN. H.R. 1744: Mr. DURBIN, Ms. COLINARI, Mr. By Mr. WYNN: H.R. 92: Mr. PORTER. MASCARA, Mr. SERRANO, Mr. CRANE, Mr. FOX, H.R. 2273. A bill to ensure that Federal em- H.R. 103: Mr. WHITFIELD, Mr. KING, and Ms. Mr. PETERSON of Minnesota, and Mr. MAN- ployees will be paid for any period during RIVERS. TON. which they are furloughed as a result of any H.R. 109: Mr. SERRANO. H.R. 1745: Mr. BLUTE, Mr. MCDADE, Mr. lapse in appropriations for fiscal year 1996; to H.R. 118: Mrs. WALDHOLTZ. MCKEON, Mr. LIVINGSTON, and Mrs. VUCANO- the Committee on Government Reform and H.R. 123: Mr. BARTON of Texas, Mr. DAVIS, VICH. Oversight. Mr. SHADEGG, Mr. HYDE, Mr. WICKER, Mr. H.R. 1747: Mr. TAUZIN, Mrs. COLLINS of Illi- By Mr. BRYANT of Texas (for himself COBURN, Mr. WOLF, and Mr. YOUNG of Alaska. nois, Mr. WAXMAN, Mr. SERRANO, Mr. ENGEL, and Mr. OBEY): H.R. 218: Mr. GILCHREST. Mr. WICKER, and Mr. MOORHEAD. H. Con. Res. 99. Concurrent resolution pro- H.R. 303: Mr. BISHOP. H.R. 1757: Mr. FROST, Mr. FRANK of Massa- viding for corrections in the enrollment of H.R. 390: Mr. Hastert and Mr. Hastings of chusetts, Mr. JOHNSTON of Florida, and Mr. the bill (H.R. 1854) making appropriations for Washington. SERRANO. the legislative branch for the fiscal year end- H.R. 393: Mr. LONGLEY. H.R. 1758: Ms. PELOSI. ing September 30, 1996, and for other pur- H.R. 407: Mr. GORDON. H.R. 1776: Mrs. SCHROEDER and Mr. SPENCE. poses; to the Committee on the Judiciary, H.R. 468: Mr. HINCHEY. H.R. 1778: Mr. HEINEMAN. and in addition to the Committees on House H.R. 475: Mr. BURTON of Indiana. H.R. 1810: Mrs. WALDHOLTZ. Oversight, and Standards of Official Conduct, H.R. 497: Mr. HILLEARY and Mr. MORAN. H.R. 1834: Mr. BAKER of California, Mr. BLI- for a period to be subsequently determined H.R. 528: Mr. COBLE, Mr. MASCARA, and Mr. LEY, Mr. ISTOOK, Mr. LAHOOD, and Mrs. by the Speaker, in each case for consider- LUTHER. VUCANOVICH. ation of such provisions as fall within the ju- H.R. 549: Mr. GREENWOOD. H.R. 1846: Mr. FATTAH, Mr. MILLER of Cali- risdiction of the committee concerned. H.R. 580: Mr. CHRSYLER, Mr. DURBIN, Mr. fornia, and Ms. RIVERS. By Mr. HUNTER (for himself, Mr. EWING, Mr. TALENT, Mr. PALLONE, Mr. SALM- H.R. 1853: Mr. NETHERCUTT. BROWDER, Mr. CUNNINGHAM, Mr. ED- ON, Mr. KENNEDY of Rhode Island, Mr. FRAZ- H.R. 1872: Mr. HINCHEY, Mr. ACKERMAN, Mr. WARDS, Mr. GILMAN, Ms. HARMAN, Mr. ER, and Mr. NORWOOD. MATSUI, Mr. ABERCROMBIE, Mr. SERRANO, and HYDE, Mr. LAUGHLIN, Mr. MONTGOM- H.R. 739: Mr. ISTOOK, Mr. KASICH, and Mr. Mr. YATES. ERY, Mr. MURTHA, Mr. SPENCE, and POMBO. H.R. 1876: Mr. MEEHAN, Mr. MFUME, Mr. Mr. WILSON): H.R. 743: Mr. SMITH of Texas, Mr. INGLIS of BORSKI, and Mr. FILNER. H. Con. Res. 100. Concurrent resolution ex- South Carolina, Mr. BUNNING of Kentucky, H.R. 1885: Mr. MCINTOSH. pressing the sense of Congress that the na- Mr. WOLF, Mr. MCINNIS, and Mr. WICKER. H.R. 1897: Mr. FILNER. tional security policy of the United States H.R. 752: Mr. DIXON, Mr. MINGE, Mr. YATES, H.R. 1947: Mr. ZIMMER. should be based upon a national strategy for Mr. CONYERS, Mr. GEJDENSON, Ms. PELOSI, H.R. 1950: Mr. YATES and Mr. OLVER. peace through strength; to the Committee on Mr. SMITH of Michigan, Mr. RICHARDSON, Mr. H.R. 1951: Mr. MANTON and Mr. STUMP. International Relations. TIAHRT, Mr. NEY, Mr. TUCKER, Mr. BRYANT of H.R. 1972: Mr. CRAPO, Mr. BOEHNER, Mr. By Mrs. SCHROEDER: Tennessee, Mr. DELLUMS, Mr. FILNER, Mr. BILBRAY, Mr. GOSS, Mr. FUNDERBURK, Mr. H. Res. 213. Resolution amending the Rules FRANKS of Connecticut, Mr. SHAYS, and Mrs. WELLER, Mr. PAXON, and Mr. PICKETT. of the House of Representatives to prohibit CLAYTON. H.R. 1974: Mr. ZELIFF. consideration of a conference report on any H.R. 788: Mr. INGLIS of South Carolina. H.R. 1994: Mr. ALLARD. legislative branch appropriation bill until all H.R. 789: Mr. LEWIS of Kentucky, Mr. H.R. 2010: Mr. MARTINI. other regular appropriation bills for that fis- STUPAK, Mr. LATHAM, Mr. VISCLOSKY, Mr. H.R. 2013: Mr. GENE GREEN of Texas and cal year are enacted into law; to the Com- CRAPO, and Mr. MASCARA. Mr. HUTCHINSON. mittee on Rules. H.R. 861: Mr. MONTGOMERY. H.R. 2019: Mr. JACOBS. By Mrs. WALDHOLTZ (for herself, Mr. H.R. 863: Mr. WATT of North Carolina. H.R. 2032: Mrs. CHENOWETH and Mr. BARRETT of Wisconsin, Mr. SHAYS, H.R. 896: Mr. LANTOS. HAYWORTH. Mr. MINGE, Mr. DEAL of Georgia, Mr. H.R. 899: Mr. YATES. H.R. 2072: Mr. FRANKS of New Jersey. KLUG, Mr. MEEHAN, Mr. CASTLE, Mr. H.R. 958: Mr. LATOURETTE. H.R. 2081: Mr. COOLEY and Mr. HAYWORTH. LUTHER, Mr. DICKEY, Mr. ZIMMER, Mr. H.R. 989: Mr. FORBES and Mr. MARKEY. H.R. 2137: Mr. NEY, Mr. STOCKMAN, and Ms. MCHALE, Mr. RAMSTAD, and Ms. DUNN H.R. 1005: Mr. ROTH and Mr. SHAYS. MOLINARI. of Washington): H.R. 1007: Mr. EMERSON, Mr. HERGER, Mr. H.R. 2143: Mr. REED, Mr. TRAFICANT, Mr. H. Res. 214. Resolution to amend the Rules SMITH of Texas, Mr. FRAZER, and Mr. MINGE. FRANKS of New Jersey, and Mr. ANDREWS. of the House of Representatives to provide H.R. 1021: Ms. LOFGREN and Mr. FILNER. H.R. 2144: Mr. MONTGOMERY, Mr. LUTHER, for gift reform; to the Committee on Stand- H.R. 1023: Ms. LOFGREN. Mr. MINGE, Mr. BUYER, Mr. UPTON, Mr. ards of Official Conduct. H.R. 1061: Mr. LONGLEY. MYERS of Indiana, Mr. POMEROY, Mrs. MEY- f H.R. 1078: Mr. TAYLOR of North Carolina, ERS of Kansas, and Mr. HOSTETTLER. Mr. FOX, and Mr. TRAFICANT. H.R. 2146: Mr. ANDREWS. MEMORIALS H.R. 1143: Ms. SLAUGHTER. H.R. 2147: Mr. BUNNING of Kentucky, Mr. H.R. 1144: Ms. SLAUGHTER. ROGERS, Mr. PORTMAN, Mr. BRYANT of Ten- Under clause 4 of rule XXII, memori- H.R. 1145: Ms. SLAUGHTER. nessee, and Mr. WHITFIELD. als were presented and referred as fol- H.R. 1226: Mr. ZELIFF, Mr. EHLERS, and Mr. H.R. 2190: Mr. BAKER of California, Mr. lows: HOKE. BRYANT of Tennessee, Mr. BUNN of Oregon, H 8598 CONGRESSIONAL RECORD — HOUSE September 6, 1995

Mr. FROST, Mr. MATSUI, Mr. GALLEGLY, Mr. (2) such bonus is part of restructuring costs are parties, other than litigation in which BARTLETT of Maryland, Mr. BURR, and Mr. associated with a business combination. the contractor or potential contractor is a FILNER. H.R. 2126 defendant appearing in its own behalf; is de- H.R. 2195: Mr. GUNDERSON, Mr. ALLARD, Mr. fending its tax-exempt status; or is challeng- OFFERED BY: MRS. SCHROEDER LEWIS of Kentucky, Mr. LATHAM, and Mr. ing a government decision or action directed BROWNBACK. AMENDMENT NO. 83. Page 8, line 1, strike specifically at the powers, rights, or duties H.R. 2219: Mr. CLEMENT. ‘‘$18,999,825,000’’ and insert ‘‘$18,994,225,000’’. of that contractor or potential contractor. H.R. 2224: Mr. DAVIS, Mr. DEUTSCH, and Mr. Page 8, line 13, strike ‘‘$20,846,710,000’’ and FOX. (4) Allocating, disbursing, or contributing insert ‘‘$20,840,710,000’’. any funds or in-kind support to any individ- H.R. 2237: Mr. SABO, Mr. KENNEDY of Rhode Page 8, line 19, strike ‘‘$2,508,822,000’’ and Island, Mr. OLVER, Mr. POMEROY, Mr. DEL- ual, entity, or organization whose expendi- insert ‘‘$2,506,622,000’’. LUMS, Mr. EVANS, and Mr. HYDE. tures for political advocacy for the previous Page 9, line 4, strike ‘‘$18,894,397,000’’ and H.R. 2252: Mr. FATTAH. Federal fiscal year exceeded 15 percent of its insert ‘‘$18,888,197,000’’. H.J. Res. 70: Mr. TORRICELLI. total expenditures for that Federal fiscal Page 9, line 11, strike ‘‘$9,958,810,000’’ and H. Con. Res. 10: Mr. BURTON of Indiana, Mr. year. insert ‘‘9,978,810,000’’. THORNTON, Mr. TUCKER, and Mrs. CUBIN. (b) LIMITATION ON USE OF FEDERAL FUNDS H. Con. Res. 26: Ms. FURSE, Mr. H.R. 2126 TO AWARD CONTRACTS.—None of the funds LATOURETTE, and Mr. OLVER. OFFERED BY: MRS. SCHROEDER made available by this Act may be used to H. Con. Res. 50: Mr. SHAYS, Mr. KENNEDY of award a contract when it is made known to Rhode Island, and Mr. REED. AMENDMENT NO. 84: Page 94, after line 3, in- sert before the short title the following: the Federal official having authority to obli- H. Con. Res. 78: Mr. CHAPMAN and Mr. gate or expend such funds that— COLEMAN. SEC. 8107. The amounts otherwise made H. Res. 36: Mr. STARK and Mr. MCDERMOTT. available by this Act are revised by increas- (1) the expenditures of the potential con- f ing the aggregate amount made available in tractor (other than an individual person) for title II for ‘‘OPERATION AND MAINTENANCE, activities described in subsection (a) for any DELETIONS OF SPONSORS FROM DEFENSE-WIDE’’ by, and reducing the one of the previous five Federal fiscal years PUBLIC BILLS AND RESOLUTIONS amounts made available in title II for the (excluding any fiscal year before 1996) ex- Under clause 4 of rule XXII, sponsors following accounts and activities by the sum ceeded the sum of— were deleted from public bills and reso- of, $20,000,000, the reductions to be allocated (A) the first $20,000,000 of the difference be- lutions as follows: as follows: tween the potential contractor’s total ex- [Omitted from the Record of July 28, 1995] (1) ‘‘OPERATION AND MAINTENANCE, ARMY’’, penditures made in the fiscal year and the total amount of Federal contracts and H.R. 1289: Mrs. SCHROEDER. decrease of $5,600,000. f (2) ‘‘OPERATION AND MAINTENANCE, NAVY’’, grants it was awarded in that fiscal year, decrease of $6,000,000. multiplied by .05; and PETITIONS, ETC. (3) ‘‘OPERATION AND MAINTENANCE, AIR (B) the remainder of the difference cal- Under clause 1 of rule XXII, petitions FORCE’’, decrease of $6,200,000. culated in subparagraph (A), multiplied, by and papers were laid on the Clerk’s (4) ‘‘OPERATION AND MAINTENANCE, MARINE .01; desk and referred as follows: CORPS’’, decrease of $2,200,000. (2) the potential contractor has used funds 35. By the SPEAKER: Petition of the H.R. 2126 from any Federal contract to purchase or se- Avoyelles Parish Police Jury, Marksville, cure any goods or services (including dues OFFERED BY: MRS. SCHROEDER LA, relative to Federal support programs for and membership fees) from any other indi- sugar; to the Committee on Agriculture. AMENDMENT NO. 85: Page 94, after line 3, in- vidual, entity, or organization whose expend- 36. Also, petition of the Christian Life sert the following: itures for activities described in subsection Commission of the Southern Baptist Conven- SEC. 8107. (a) LIMITATION ON THE USE OF (a) for fiscal year 1995 exceeded 15 percent of tion, relative to religious liberty and world FEDERAL FUNDS BY CONTRACTORS FOR POLITI- its total expenditures for that Federal fiscal evangelization; to the Committee on the Ju- CAL ADVOCACY.—None of the funds made diciary. year; or available by this Act may be used by any (3) the potential contractor has used funds 37. Also, petition of the Legislature of Federal contractor for an activity when it is Rockland County, NY, relative to memori- from any Federal contract for a purpose alizing the U.S. Senate to defeat revisions to made known to the Federal official having (other than to purchase or secure goods or the Clean Water Act; to the Committee on authority to obligate or expend such funds services) that was not specifically permitted Transportation and Infrastructure. that the activity is any of the following: by Congress in the law authorizing the con- f (1) Carrying on propaganda, or otherwise tract. attempting to influence Federal, State, or (c) EXCEPTIONS.—The activities described AMENDMENTS local legislation or agency action, including in subsection (a) do not include an activity Under clause 6 of rule XXIII, pro- any of the following: when it is made known to the Federal offi- posed amendments were submitted as (A) Monetary or in-kind contributions, en- cial having authority to obligate or expend follows: dorsements, publicity, or similar activity. such funds that the activity is any of the fol- (B) Any attempt to influence any legisla- H.R. 2126 lowing: tion or agency action through an attempt to OFFERED BY: MR. BURTON OF INDIANA (1) Making available the results of non- affect the opinions of the general public or AMENDMENT NO. 80. Page 94, after line 3, in- partisan analysis, study, research, or debate. any segment thereof, including any commu- sert the following new section: (2) Providing technical advice or assistance SEC. 8107. None of the funds made available nication between the contractor and an em- ployee of the contractor to directly encour- (where such advice would otherwise con- in this Act under the heading ‘‘Procurement stitute the influencing of legislation or agen- of Ammunition, Army’’ may be obligated or age such employee to urge persons other than employees to engage in such an at- cy action) to a government body or to a com- expended for the procurement of munitions mittee or other subdivision thereof in re- unless such acquisition fully complies with tempt. (C) Any attempt to influence any legisla- sponse to a written request by such body or the Competition in Contracting Act. subdivision, as the case may be. H.R. 2126 tion or agency action through communica- tion with any member or employee of a leg- (3) Communications between a contractor OFFERED BY: MR. MARKEY islative body or agency, or with any govern- and its employees with respect to legisla- AMENDMENT NO. 81. On page 28, line 24 ment official or employee who may partici- tion, proposed legislation, agency action, or strike ‘‘$9,029,666,000’’ and insert pate in the formulation of the legislation or proposed agency action of direct interest to ‘‘$8,579,666,000. agency action, including any communication the contractor and such employees, other H.R. 2126 between the contractor and an employee of than communications described in subpara- OFFERED BY: MR. SANDERS the contractor to directly encourage such graph (C). (4) Any communication with a govern- AMENDMENT NO. 82. Page 94, after line 3, employee to engage in such an attempt or to add the following new section: urge persons other than employees to engage mental official or employee, other than— SEC. 8107. None of the funds available to in such an attempt. (A) a communication with a member or the Department of Defense under this Act (2) Participating or intervening in (includ- employee of a legislative body or agency shall be obligated or expended to pay a con- ing the publishing or distributing of state- (where such communication would otherwise tractor under a contract with the Depart- ments) any political campaign on behalf of constitute the influencing of legislation or ment of Defense for costs of any amount paid (or in opposition to) any candidate for public agency action); or by the contractor to an employee when it is office, including monetary or in-kind con- (B) a communication the principal purpose made known to the Federal official having tributions, endorsements, publicity, or simi- of which is to influence legislation or agency authority to obligate or expend such funds lar activity. action. that— (3) Participating in any judicial litigation (5) Official communication by employees of (1) such costs are for a bonus or otherwise or agency proceeding (including as an ami- State or local governments, or by organiza- in excess of the normal salary paid by the cus curiae) in which agents or instrumental- tions whose membership consists exclusively contractor to the employee; and ities of Federal, State, or local governments of State or local governments. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, SEPTEMBER 6, 1995 No. 137 Senate (Legislative day of Tuesday, September 5, 1995)

The Senate met at 9:15 a.m., on the SCHEDULE the Department of Defense, for military con- struction, and for defense activities of the expiration of the recess, and was called Mr. DOLE. Thank you, Mr. President. to order by the President pro tempore Department of Energy, to prescribe person- For the information of all Senators, nel strengths for such fiscal year for the [Mr. THURMOND]. the Senate will immediately resume Armed Forces, and for other purposes. consideration of the Defense authoriza- The Senate resumed the consider- PRAYER tion bill this morning. At 9:30, there ation of the bill. will be at least two rollcall votes with Pending: Nunn amendment No. 2425, to es- The Chaplain, Dr. Lloyd John the last vote being on passage of the tablish a missile defense policy. Defense authorization bill. Following Ogilvie, offered the following prayer: Mr. THURMOND. Mr. President, I be- that vote, the Senate will resume con- Holy God, help us to be present to lieve we will take up some uncontested sideration of welfare reform legisla- Your presence in every moment of this matters at this time. tion. Further rollcall votes are there- day. Fill this Senate Chamber with Mr. NUNN. Mr. President, I wonder if fore possible during the day’s session. Your glory and Your grace. May we it would not be appropriate at this The first vote will be a 15-minute plus time to ask for the yeas and nays on practice Your presence by opening our the 5, and then the second vote will be the pending amendment, which is the minds to think Your thoughts. Make a 10-minute vote. this a day filled with surprises in which Let me indicate to many of my col- missile defense amendment sponsored You intervene with solutions to our leagues who seem to have an interest by myself and Senators WARNER, problems, creative compromises that in going to Baltimore this evening to LEVIN, and COHEN. The PRESIDING OFFICER. Is there a lead to greater unity, and superlative witness one of the great, historic mo- sufficient second? strength that replenishes our human ments in baseball with Cal Ripken, Jr., There is a sufficient second. endurance. Fill us with expectancy of breaking Lou Gehrig’s record, we are The yeas and nays were ordered. what You will do in and through us trying to work out some schedule today. Mr. NUNN. Mr. President, I believe where we could take up welfare reform that we are now prepared to clear some We claim Isaiah’s promise, ‘‘You will and agree to have a vote on the Demo- more amendments. The first amend- keep him in perfect peace whose mind cratic alternative sometime early to- ment is the Warner amendment, as I is stayed on You.’’—Isaiah 26:3. Stay morrow morning. For those who do not understand it. our minds on You so we may know proceed to the ball game, we could stay Mr. WARNER. Mr. President, the Your lasting peace of mind and soul. tonight and debate. We have not Senator is correct. reached that agreement yet. We are You know how easily we become dis- AMENDMENT NO. 2461 working on it. I know Senator MIKUL- tracted. Often hours pass with little (Purpose: To state the sense of the Senate on SKI and Senator SARBANES have a par- thought of You and Your will in our negotiations between the Secretary of De- work. In those times, invade our ticular interest. We would like to ac- fense, the Secretary of Energy and the minds, remind us You are in charge commodate our colleagues on both Governor of the State of Idaho regarding and that we are here to serve and sides of the aisle whenever possible and the shipment of spent nuclear fuel from please You. Keep our minds riveted on this may be one of those times that we naval reactors) can work it out. You throughout this day. Give us fresh Mr. WARNER. Mr. President, I send experiences of Your unqualified love f an amendment to the desk and ask for its consideration. for us personally and Your unlimited NATIONAL DEFENSE AUTHORIZA- The PRESIDING OFFICER. If there wisdom for our deliberation and deci- TION ACT FOR FISCAL YEAR 1996 sions. In our Lord’s name. Amen. is no objection, the pending amend- The PRESIDING OFFICER (Mr. ment is set aside, and the clerk will re- f CAMPBELL). Under the previous order, port. the Senate will now resume consider- The assistant legislative clerk read RECOGNITION OF THE MAJORITY ation of S. 1026, which the clerk will re- as follows: LEADER port. The Senator from Virginia [Mr. WARNER], The assistant legislative clerk read for himself, Mr. EXON, Mr. THURMOND, Mr. The PRESIDENT pro tempore. The as follows: KEMPTHORNE, Mr. CRAIG, Mr. COHEN, Ms. able majority leader, Senator DOLE, is A bill (S. 1026) to authorize appropriations SNOWE, Mr. SMITH, and Mr. GREGG proposes recognized. for fiscal year 1996 for military activities of an amendment numbered 2461.

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

S 12649 S 12650 CONGRESSIONAL RECORD — SENATE September 6, 1995 Mr. WARNER. Mr. President, I ask tiate, in good faith, an agreement that protects the interests of all the parties. unanimous consent that reading of the would protect this vital component of I want to offer special praise to Gov- amendment be dispensed with. our national security. The amendment ernor Batt for his effort to establish The PRESIDING OFFICER. Without also retains, if necessary, the option reasonable criteria for an agreement to objection, it is so ordered. for Congress to take further actions in settle this very important issue. The amendment is as follows: joint conference if warranted. Mr. President, the people of Idaho On page 570, between lines 10 and 11, insert Mr. President, this is a very serious have a long, successful relationship the following: matter. Briefly, the background is that with the Navy. The Navy has been a SEC. 3168. SENSE OF SENATE ON NEGOTIATIONS the State of Idaho has been receiving good neighbor in southeastern Idaho REGARDING SHIPMENTS OF SPENT shipments for 38 years from the U.S. for over four decades and I want to see NUCLEAR FUEL FROM NAVAL REAC- TORS. Navy of its spent fuel. that relationship continue. (a) SENSE OF THE SENATE.—It is the sense Without getting into the problem At the same time, the House and of the Senate that the Secretary of Defense, area, there are negotiations ongoing Senate at last seem to be moving for- the Secretary of Energy, and the Governor of between the Governor of Idaho, such ward with a serious plan to deal with the State of Idaho should continue good other officials within his administra- the national problem of disposing of faith negotiations for the purpose of reach- tion, the Department of Energy, and spent nuclear fuel. This is a very posi- ing an agreement on the issue of shipments the Department of the Navy. But I feel tive step for Idaho and the Nation and of spent nuclear fuel from naval reactors. strongly obligated this morning to in- I want to urge my colleagues to keep (b) REPORT.—(1) Not later than September 15, 1995, the Secretary of Defense shall sub- form the Senate of the seriousness of working toward this solution. mit to the Committee on Armed Services of these negotiations, and our sincere Mr. THURMOND. Mr. President, I am the Senate and the Committee on National hope is that the matter may be re- pleased to add my support to this Security of the House of Representatives a solved prior to the conference of the amendment which requires all parties written report on the status or outcome of Armed Services Committees of the to negotiate in good faith immediately the negotiations urged under subsection (a). House and the Senate, because absent a with officials of the State of Idaho in (2) The report shall include the following resolution of this dispute between the order to resolve the current dispute matters: (A) If an agreement is reached, the terms three parties I just named, I feel it is which has resulted in halting ship- of the agreement, including the dates on incumbent upon the Congress of the ments of spent nuclear fuel from the which shipments of spent nuclear fuel from United States to address the legislative Navy. naval reactors will resume. solution. I want to commend Senator WARNER, (B) If an agreement is not reached— Why? Because, for example, the prep- Senator KEMPTHORNE, and others for (i) the Secretary’s evaluation of the issues arations for refueling the U.S.S. Nimitz their diligent efforts in reaching this remaining to be resolved before an agree- are now 3 months delayed and increas- agreement. It is critical that the Navy ment can be reached; (ii) the likelihood that an agreement will ing. The Navy has fewer than the need- be allowed to resume shipments of be reached before October 1, 1995; and ed aircraft carriers today to meet its spent nuclear fuel immediately in (iii) the steps that must be taken regarding operational requirements, and I know order to enable the Navy to continue to the shipment of spent nuclear fuel from from some personal experience nothing defuel and refuel its ships. I hope that naval reactors to ensure that the Navy can is more severe to the United States those involved in the negotiations on meet the national security requirements of Navy than prolonged deployments of both sides of the issue will work in a the United States. ships beyond their schedules away from spirit of cooperation which provides for Mr. WARNER. Mr. President, this home. It impacts most severely on a timely settlement because of the se- amendment, by myself, is cosponsored readiness. It impacts also on the family rious national security implications. by Senators EXON, KEMPTHORNE, THUR- situations of our Naval personnel and I support this amendment, recogniz- MOND, CRAIG, COHEN, SNOWE, SMITH, the like. ing that it provides for further legisla- and GREGG. It expresses a sense of the Likewise, the Navy is tying up com- tion in joint conference should it be Senate that the Secretary of Defense missioned ships; that is, ships still in necessary. I am confident, however, and the Secretary of Energy and the commission, and requiring full man- that negotiating officials, recognizing Governor of Idaho should continue ning on these ships since they cannot the importance of reaching an agree- good-faith negotiations to reach an be defueled. Six ships will be tied up: ment as soon as possible will resolve agreement on shipments of nuclear fuel Gato, Whale, Puffer, Bergall, Flying Fish this issue in the near future. from naval reactors and requires a at Puget Sound Naval Shipyard, and Mr. CRAIG. Mr. President, I rise in written report on the status or out- Bainbridge at Norfolk Naval Shipyard. support and as a sponsor of the amend- come of the negotiations. This also impacts the yard work. The ment. It is absolutely crucial that the Mr. President, I urge my colleagues representations from the Navy this situation that has arisen over the fuel- to support this amendment to require morning indicate that up to 2,000 ship- ing and defueling of fuels from the nu- all parties to continue good-faith nego- yard workers in the States of Washing- clear Navy be resolved. tiations to reach an agreement to per- ton, New Hampshire, Virginia, and Ha- This amendment, putting this body mit the resumption of shipments of waii are subject to layoffs unless this on record as supporting good faith ne- spent nuclear fuel from naval reactors matter is resolved in the very imme- gotiations between the Secretary of to the Idaho National Engineering Lab- diate future. Defense and the Governor of Idaho for oratory. I have joined with several I thank all my colleagues for their the purpose of pursuing an agreement other Senators to reach an agreement support, especially the Senator from on the issue of naval spent nuclear which we hope will encourage the par- Idaho, Senator KEMPTHORNE, for his fuels, is a step in the right direction. ties on both sides who are negotiating diligent efforts in reaching this agree- Idaho has always recognized the im- this issue to resolve it as soon as pos- ment. portance of a strong nuclear Navy de- sible, because of the serious implica- Mr. KEMPTHORNE. Mr. President, I fense deterrent. Idaho takes a back tions to our national security. am pleased to join Senator THURMOND, seat to no one when it comes to sup- In order to support the national secu- Senator WARNER, Senator CRAIG, and porting the defense of this Nation. rity requirements of the United States, Senator EXON in cosponsoring the At the same time, however, Idaho the Navy must be able to refuel and pending amendment. The pending lan- will not become a de facto spent nu- defuel nuclear powered warships. Be- guage strikes the appropriate balance clear waste repository. The facilities at cause of an ongoing dispute between between the legitimate national secu- the Idaho National Engineering Lab- Idaho and the Department of Energy, rity requirements of the Navy and the oratory were never designed nor in- shipments of spent nuclear fuel to the State of Idaho’s sovereign right to pro- tended to be a permanent nuclear Idaho National Engineering Labora- tect its interests. waste disposal facility. I will not stand tory have been halted. This situation The amendment is a recognition that for that to happen and will always has rapidly reached a crisis level and good-faith negotiations are currently fight to assure Idaho does not become a must be resolved expeditiously. My underway and it is my hope that these nuclear waste dump for the Navy and amendment urges all parties to nego- talks will lead to an agreement that the Department of Energy. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12651 This Nation must stand up and com- SEC. . ENCOURAGEMENT OF USE OF LEASING Defense Department to use commercial mit itself to addressing the final dis- AUTHORITY. leasing practices to acquire commer- posal of commercial, military, and (a) IN GENERAL.—(1) Chapter 137 of title 10, cial vehicles for the Army. United States Code, is amended by inserting DOE nuclear fuels. This amendment after section 2316 the following new section: This will permit the Army to mod- will go a long way to assure we reach ‘‘SEC. 2317. EQUIPMENT LEASING. ernize its fleet of commercial utility the goal of a functioning Navy and ‘‘The Secretary of Defense is authorized to cargo vehicles [CUCVs] without any Idaho does not become a permanent nu- use leasing in the acquisition of commercial new appropriated funds. clear waste repository. vehicles when such leasing is practicable and The Army has an old and expensive Mr. NUNN. Mr. President, I support efficient.’’ fleet of about 45,000 CUCV’s. They need the amendment. I think the Senator (2) The table of sections at the beginning of a fleet of only about 13,000 CUCV’s, and from Virginia has outlined it correctly such chapter is amended by adding at the can make significant savings on oper- end the following new item: in terms of the urgency of trying to ation and support costs if they use find some solution to this. I commend ‘‘2317. Equipment Leasing.’’ newer vehicles. him for sponsoring this amendment. I (b) REPORT.—Not later than 90 days after The Army is short on funds for mod- the date of enactment of this Act, the Sec- agree with him. At some point, we will ernization of its vehicle programs, and retary of Defense shall submit a report to has identified it as a priority area for have to legislate on this subject unless the congressional defense committees set- the parties can agree. ting forth changes in legislation that would modernization. This amendment could Mr. President, I believe we have a be required to facilitate the use of leases by help the Army modernize its CUCV pending amendment, which is the the Department of Defense in the acquisition fleet at no additional cost. Nunn-Warner-Levin-Cohen amend- of equipment. The amendment is also strongly sup- ment. I ask unanimous consent that be (c) PILOT PROGRAM.—The Secretary of the ported by the Army acquisition execu- temporarily laid aside so that we can Army may conduct a pilot program for leas- tive. ing of commercial utility cargo vehicles as handle these three or four amendments Mr. NUNN. Mr. President, I urge follows: adoption of the amendment. that have been worked out, at which (1) Existing commercial utility cargo vehi- time the pending amendment would cles may be traded-in for credit against new The PRESIDING OFFICER. If there then be the pending action. replacement commercial utility cargo vehi- is no further debate on the amendment, The PRESIDING OFFICER. Without cle lease costs; the question is on agreeing to the objection, it is so ordered. (2) Quantities of commercial utility cargo amendment. vehicles to be traded in and their value to be The amendment (No. 2462) was agreed Mr. WARNER. Mr. President, I urge credited shall be subject to negotiation be- adoption of the amendment. to. tween the parties; Mr. NUNN. Mr. President, I move to The PRESIDING OFFICER. Is there (3) New commercial utility cargo vehicle reconsider the vote by which the further debate on the amendment? If lease agreements may be excuted with or amendment was agreed to. not, the question is on agreeing to the without options to purchase at the end of Mr. LEVIN. I move to lay that mo- amendment of the Senator from Vir- each lease period; tion on the table. ginia. (4) New commercial utility cargo vehicle lease periods may not exceed five years; The motion to lay on the table was The amendment (No. 2461) was agreed (5) Such leasing pilot program shall consist agreed to. to. of replacing no more than forty percent of AMENDMENT NO. 2463 Mr. WARNER. Mr. President, I move the validated requirement for commercial utility cargo vehicles but may include an op- (Purpose: To place a limitation on the use of to reconsider the vote by which the funds for former Soviet Union threat re- amendment was agreed to. tion or options for the remaining validated requirement which may be excuted subject duction) Mr. NUNN. I move to lay that motion to the requirements of subsection (c)(8); Mr. WARNER. Mr. President, I send on the table. (6) The Army shall enter into such pilot to the desk an amendment on behalf of The motion to lay on the table was program only if the Secretary: Senator KYL and ask for its consider- agreed to. (A) awards such program in accordance ation. with the provisions of section 2304 of title 10 AMENDMENT NO. 2462 The PRESIDING OFFICER. The United States Code. Mr. NUNN. Mr. President, on behalf (B) has notified the congressional defense clerk will report. of Senator LEVIN, I offer an amend- committees of his plans to execute the pilot The assistant legislative clerk read ment which would authorize the Army program; as follows: to use leasing agreements to modernize (C) has provided a report detailing the ex- The Senator from Virginia [Mr. WARNER], its commercial utility cargo vehicle pected savings in operating and support for Mr. KYL, proposes an amendment num- fleet. This fleet is past the point of eco- costs from retiring older commercial utility bered 2463. nomically useful life and has become a cargo vehicles compared to the expected Mr. WARNER. Mr. President, I ask costs of leasing newer commercial utility unanimous consent that reading of the significant training and operational cargo vehicles; and maintenance fund. This program, using (D) has allowed 30 calendar days to elapse amendment be dispensed with. commercial practices to require essen- after such notification. The PRESIDING OFFICER. Without tial commercial services, is in keeping (8) One year after the date of execution of objection, it is so ordered. with the spirit of acquisition reform. an initial leasing contract, the Secretary of The amendment is as follows: I believe the amendment has been the Army shall submit a report setting forth At the appropriate place in the bill, insert the status of the pilot program. Such report the following: cleared on the other side. shall be based upon at least six months of op- SEC. . LIMITATION ON USE OF FUNDS FOR CO- Mr. WARNER. Mr. President, the erating experience. The Secretary may exer- Senator is correct. It has been cleared. OPERATIVE THREAT REDUCTION. cise an option or options for subsequent com- (a) LIMITATION.—Of the funds appropriated The PRESIDING OFFICER. The mercial utility cargo vehicles only after he or otherwise made available for fiscal year clerk will report. has allowed 60 calendar days to elapse after 1996 under the heading ‘‘FORMER SOVIET The assistant legislative clerk read submitting this report. UNION THREAT REDUCTION’’ for dismantle- as follows: (9) EXPIRATION OF AUTHORITY.—No lease of ment and destruction of chemical weapons, commercial utility cargo vehicles may be en- not more than $52,000,000 may be obligated or The Senator from Georgia [Mr. NUNN], for tered into under the pilot program after Sep- expended for that purpose until the Presi- Mr. LEVIN, proposes an amendment num- tember 30, 2000. dent certifies to Congress the following: bered 2462. Mr. LEVIN. Mr. President, last year (1) That the United States and Russia have Mr. NUNN. Mr. President, I ask Congress passed the Federal Acquisi- completed a joint laboratory study evaluat- unanimous consent that reading of the tion Streamlining Act of 1995, in which ing the proposal of Russia to neutralize its amendment be dispensed with. we sought to reform Defense acquisi- chemical weapons and the United States The PRESIDING OFFICER. Without tion procedures and rely on more com- agrees with the proposal. objection, it is so ordered. (2) That Russia is in the process of prepar- mercial products and processes for the ing, with the assistance of the United States The amendment is as follows: Defense Department. (if necessary), a comprehensive plan to man- At the appropriate point in the bill, insert Consistent with Defense acquisition age the dismantlement and destruction of the following: reform, this amendment authorizes the the Russia chemical weapons stockpile. S 12652 CONGRESSIONAL RECORD — SENATE September 6, 1995 (3) That the United States and Russia are and will create two to three times the lowing for the second and final phase of the committed to resolving outstanding issues amount of chemical waste already in MOU were agreed upon at the January 1994 under the 1989 Wyoming Memorandum of Un- the inventory. The United States pre- Moscow Summit. Russian implementation of derstanding and the 1990 Bilateral Destruc- ferred technology is incineration, al- Phase II has yielded problematic results. . .. tion Agreement. The U.S. believe that several key question though that is not without its prob- (b) DEFINITIONS.—In this section: and concerns have not yet been resolved in (1) The term ‘‘1989 Wyoming Memorandum lems. Russia’s data declaration. . . . The U.S. con- of Understanding’’ means the Memorandum My amendment requires that the tinues to have significant concerns about of Understanding between the Government of United States and Russia complete a Russia implementation of the Wyoming the United States of America and the Gov- joint laboratory study before the Unit- MOU. . . . Russia still must take concrete ernment of the Union of Soviet Socialist Re- ed States provides the balance of the steps to fulfill its commitment and resolve publics Regarding a Bilateral Verification $104 million for a controversial, existing problems. Experiment and Data Exchange Related to unproven approach. Prohibition on Chemical Weapons, signed at Although not yet ratified, the Bilat- A second aspect of my amendment is eral Destruction Agreement requires Jackson Hole, Wyoming, on September 23, the requirement that Russia agree, 1989. each party to undertake not to produce (2) The term ‘‘1990 Bilateral Destruction with United States assistance, to pre- chemical weapons and to reduce their Agreement’’ means the Agreement between pare a comprehensive plan to cope with chemical weapons stockpile to 5,000 the United States of America and the Union the Russian chemical weapons destruc- agent tonnes. The principle issue hold- of Soviet Socialist Republics on destruction tion program. According to the GAO, ing up completion of the agreement and non-production of chemical weapons and the administration originally proposed concerns the conversion of former on measures to facilitate the multilateral this approach to the Russians. The cur- chemical weapons production facilities. convention on banning chemical weapons rent plan is to develop a proposal for signed on June 1, 1990. Russia missed the December 1992 origi- each individual which will be involved nal target date for starting its destruc- Mr. KYL. Mr. President, today, I rise in chemical weapons destruction— to offer an amendment to the Defense tion program. Currently, it has no there are seven sites in Russia. comprehensive plan defining when and authorization bill concerning the Coop- With a declared stockpile of 40,000 how the weapons will be destroyed. An erative Threat Reduction Program, metric tonnes, the only way to manage unclassified ACDA report on arms con- commonly known as Nunn-Lugar. The the chemical weapons issue is to view trol compliances merely notes that purpose of this amendment is to re- the totality of the problem. The United ‘‘questions remain on certain aspects quire both the DOD and the Russians States cannot be certain whether the of the Russian date declaration and in- to get serious about chemical weapons proposals deal with the whole problem, spections.’’ destruction activities and to focus unless a comprehensive, detailed plan their efforts in a productive manner. is prepared. Further, the United States The Wyoming MOU and the Bilateral Of the $371 million requested for the cannot be certain of its total financial Destruct Agreement were intended to Cooperative Threat Reduction Program obligation without a comprehensive support and facilitate the Chemical with Russia and other former States of plan. Weapons Convention which would re- the Soviet Union, $104 million was re- The third aspect of my amendment is strict members from developing, pro- quested for chemical weapons destruc- to require the President to certify that ducing, acquiring stockpiling, retain- tion. the Russians are committed to resolv- ing transferring or using chemical Reducing the chemical weapons ing outstanding issues under the 1989 weapons, and require the destruction of stockpiles of both the United States Wyoming Memorandum of Understand- those weapons within 15 years. and Russia is an important goal. Chem- ing and the 1990 Bilateral Destruction Although it is in our interest to have ical weapons and nerve agents are Agreement. Russia agree to a verifiable Chemical among the cheapest and most effective The Wyoming MOU was intended to Weapons Convention, how can the manner to kill people. The number of build confidence between the United United States have any confidence in chemical-weapons nations has tripled States and Russia in the chemical the integrity of the CWC, if Russia has from 8 in 1969 to as many as 26 today. weapons area and thus facilitate com- failed to implement these two agree- Moreover, the Stockholm Inter- pletion of the Convention on the Prohi- ments? For these reasons, Mr. Presi- national Peace Research Institute has bition of the Development, Production, dent, it is my intent that the Senate counted 15 separate cases of recent Stockpiling and Use of Chemical Weap- send a signal to Russia and the DOD to chemical conflict in the Third World. ons and on Their Destruction. This get serious about putting this impor- The problem is that current CTR would be done by exchanging detailed tant chemical weapons destruction pro- Program to reduce chemical weapons is and complete data about their respec- gram in place. ill defined and lacks focus. tive chemical weapons programs and COOPERATIVE THREAT REDUCTION PROGRAM The first purpose of my amendment by testing inspection procedures. Mr. THURMOND. Mr. President, I Under the MOU, during the first is to withhold $54 million for a chemi- would just like to make some general phase, the countries are to exchange cal weapons destruction facility until comments about the Cooperative general data on their chemical weapons the completion of the joint feasibility Threat Reduction Program, otherwise and make reciprocal visit to storage, study. This approach is consistent with known as Nunn-Lugar. the GAO report from June 1995 ‘‘Weap- production, and destruction facilities. In the second phase, the counties are to To date, close to $1.6 billion has been ons of Mass Destruction, Reducing the authorized or appropriated for this pro- Threat From the Former Soviet Union: exchange detailed data on their chemi- cal weapon stocks and verify this infor- gram. Out of this amount, less than An Update.’’ In the report, the GAO half of the funds have been obligated. noted, mation through reciprocal on-site in- spections. During this phase, each Earlier this year, the Department of ... the United States have yet to agree on Defense told the committee that they the applicability of a technology to be used country is to provide the other with general plans for dismantling chemical expected to obligate around $860 mil- in chemical weapons destruction facility and lion of the previous year’s funding by may not do so until midway through fiscal weapons production facilities. year 1996. This uncertainty raises questions The first phase of the Wyoming MOU the end of the fiscal year. as to the program’s need for the $104 million was completed in early 1991. The sec- The committee has been supportive it is requesting in fiscal year 1996, in part, to ond phase of the MOU was delayed be- of this effort to help the Republics of begin designing and constructing the facil- cause of disputes between the two the former Soviet Union dismantle and ity. countries. In a report issued to Con- destroy their chemical and nuclear Agreeing on a destruction technology gress in January 1995 entitled ‘‘U.S. As- weapons stockpile. For various rea- is important because Russia is cur- sistance and Related Programs for the sons, however, the Department has run rently proposing using a ‘‘neutraliza- New Independent States of the Former into problems in managing the pro- tion’’ technology which would blend Soviet Union,’’ the administration was gram, either through administrative the chemical toxin with other chemi- more forthcoming. The report says: problems on the United States side, or, cals in an attempt to neutralize the . . . Phase I of the [Wyoming] MOU was as a result of not being able to con- toxin. This is an unproven technology completed in February 1991. Documents al- clude implementing agreements with September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12653 Russia and the other Republics. I be- ing issues regarding its compliance Despite the changes, this proposal lieve the program has been a useful po- with the 1989 Wyoming memorandum still commits us to the deployment in litical tool. However, I don’t believe of understanding and the 1990 bilateral the near future of expensive and desta- that the program has accomplished as destruction agreement. bilizing missile defense systems. This much as the Department of Defense This is a very important amendment. is not the way we should be going. The would lead one to believe. The Depart- We urge its adoption. time and energy the Senate has put ment of Defense says that the large Mr. NUNN. Mr. President, I urge into this issue would be much more number of reductions in Russia and the adoption of the amendment. wisely spent on ratification of the Republics are as a result of the assist- The PRESIDING OFFICER. If there START II and chemical weapons trea- ance received through this program. is no further debate on the amendment, ties, which are sitting in the Foreign Mr. President, that can hardly be the the question is on agreeing to the Relations Committee. The proponents case, when the majority of the funds amendment. of robust missile defenses argue that for this program overall were not obli- The amendment (No. 2463) was agreed the end of the cold war makes obsolete gated until the latter part of 1994. I be- to. arms control treaties negotiated in Mr. WARNER. Mr. President, I move lieve it is accurate to say that this pro- that area. I could not disagree more. to reconsider the vote by which the gram has been helpful in securing the The way to a more secure United amendment was agreed to. reductions and return of the strategic States and a more peaceful world is Mr. NUNN. I move to lay that motion nuclear weapons from the three Repub- through building on our arms control on the table. lics, Ukraine, Belarus, and Kazakhstan. The motion to lay on the table was treaties, not destroying them. Russia, however, achieved their reduc- This amendment, while designed by agreed to. tions prior to entry into force of the its authors to be compliant with the START Treaty because it was in their AMENDMENT NO. 2464 ARM Treaty, moves us in the direction economic interest to do so. By imple- (Purpose: To make various technical correc- of fundamentally altering or even with- tions and other technical amendments to menting the reductions prior to existing provisions of law) drawing from the treaty. The AMB START entering into force, Russia was Mr. WARNER. Mr. President, I send Treaty is a cornerstone of our arms able to dismantle those items without an amendment to the desk in behalf of control policies, and I believe we must having to declare them under the trea- the chairman of the Armed Services retain its integrity, especially to en- ty and adhere to the dismantlement re- sure Russian ratification and imple- Committee, Senator THURMOND, and quirements of the treaty. A number of ask for its consideration. mentation of START II. Putting at Members have been concerned with the The PRESIDING OFFICER. The risk this ratification makes us less slow rate of obligation of the Coopera- clerk will report. safe, not more. tive Threat Reduction Program. For The assistant legislative clerk read I am also concerned about the costs that reason, the committee rec- as follows: of deploying national missile defenses, which has not entered into this debate ommended a reduction from the Presi- The Senator from Virginia [Mr. WARNER], dent’s budget request, and also agreed for Mr. THURMOND, for himself and Mr. NUNN, to the extent it should. By one esti- with the recommendation of the Sen- proposes an amendment numbered 2464. mate, it could cost some $100 billion, ator from Arizona, to place limitations Mr. WARNER. Mr. President, I ask and the way weapons systems go, like on the use of the funds, pending a Pres- unanimous consent that reading of the the B–2, it is not hard to imagine the idential certification regarding the amendment be dispensed with. costs soaring higher. Many of the pro- progress of the chemical weapons dis- The PRESIDING OFFICER. Without ponents of this star wars-like deploy- mantlement program. objection, it is so ordered. ment joined me in supporting the bal- Last week, the Senate Foreign Rela- (The text of the amendment appears anced budget amendment, but have not tions Subcommittee on Europe con- in today’s RECORD under Amendments explained how they would reconcile ducted two hearings on nuclear terror- Submitted.) that goal with the huge costs of this ism and proliferation. The majority of Mr. WARNER. Mr. President, this program. witnesses recommended that funds for amendment, on behalf of the chairman I recognize the choices that had to be this program, as well as the Depart- of the Armed Services Committee, made on this issue, and Senators NUNN ment of Energy’s companion program makes certain technical amendments and WARNER got the best deal that be substantially increased. to the existing provisions of law. The they could. But when Senator WARNER Mr. President, I believe that rec- amendment has been cleared on both says that the amendment sets a clear ommendation is premature, based on sides. I urge its adoption. path to deployment of national missile the track record of the Cooperative Mr. NUNN. Mr. President, I urge the defenses, I have no choice but to oppose Threat Reduction Program. The com- Senate to adopt the amendment. it. mittee will continue to pay close at- The PRESIDING OFFICER. Is there Mr. COCHRAN. Mr. President, I com- tention to the Department’s manage- further debate on the amendment? If mend my colleagues who were involved ment and obligation rate of the Cooper- not, the question is on agreeing to the in drafting this amendment on missile ative Threat Reduction Program. amendment. defense. The hard work that went into Mr. NUNN. Mr. President, this is an So the amendment (No. 2464) was the crafting of this compromise is amendment that the Senator from Ari- agreed to. strong evidence of both the importance zona had on the Defense appropriations Mr. WARNER. Mr. President, I move of the issue and the dedication of the bill. I believe it has been worked out. I to reconsider the vote by which the members and staff who spent many worked with him on it. We modified amendment was agreed to. I move to days and nights attempting to defense some of its provisions. lay it on the table. common ground on this critical issue. I urge its adoption. The motion to lay on the table was Their efforts, and the several votes we Mr. WARNER. Mr. President, the agreed to. have already had on the fiscal year 1996 amendment would limit the use of Mr. SIMON. Mr. President, while I Defense authorization and appropria- funds authorized for the Cooperative commend the work of the Senators in- tions bills regarding missile defense Threat Reduction Program pending volved in negotiating this compromise will be viewed one day as the turning certification of the following: First, amendment on missile defenses, which point in the debate on defending Amer- the United States and Russia have suc- is certainly an improvement over what ica and American interests against bal- cessfully completed a joint laboratory is currently in the bill, I cannot sup- listic missile attack. study evaluating the chemical weapons port the amendment. By nature, com- There are elements of this com- neutralization process; second, that promises are never perfect, but they promise that I am satisfied with. For Russia is in the process of preparing a usually take the form of something example, section 232(9) contains the comprehensive plan to dismantle and each side can live with. In this case, I following language: ‘‘Due to limita- destroy its chemical weapons stock- do not believe that the language in this tions in the ABM Treaty which pre- pile; and third, that Russia remains amendment is something we can afford clude deployment of more than 100 committed to resolving the outstand- to live with. ground-based ABM interceptors at a S 12654 CONGRESSIONAL RECORD — SENATE September 6, 1995 single site, the United States is cur- allow both the United States and Rus- the ABM Treaty unless the administra- rently prohibited from deploying a na- sia to adopt the same Russian proposal tion takes no action to modify the tional missile defense system capable unilaterally without triggering the treaty. Indeed, Secretary of State of defending the continental United prohibition on the use of funds in sec- Christopher made this point in an Au- States, and Hawaii against even the tion 238(c). If we are not willing to per- gust 14, 1995 cable, where in talking most limited ballistic missile attacks.’’ mit, as part of a bilateral or multilat- points provided for selected U.S. em- While some might find virtue in being eral agreement, a more restrictive de- bassies he said, ‘‘The provisions as pro- defenseless against even the most lim- marcation standard than that specified posed by the Senate Armed Services ited of threats—a threat not even con- in the amendment, why should we be Committee call for deployment of a na- templated during the negotiations of willing to allow the adoption of a more tional, multiple-site missile defense the ABM Treaty—I do not. This de- restrictive standard unilaterally? that, if deployed, without treaty fenselessness can only serve as an invi- Third, prior to deployment of a na- amendment, would violate the ABM tation to those with interests that are tional missile defense system capable Treaty.’’ Secretary Christopher is say- hostile to our own to develop or ac- against a limited threat, section 233(3) ing that a multiple-site NMD system quire the capability to put the United of the amendment mandates congres- could be made ABM Treaty-compliant States at risk from long-range ballistic sional review of, ‘‘(A) the affordability by simply amending the treaty. The as- missiles. That this amendment recog- and operational effectiveness of such a sertions that have been made on this nizes our inability to defend against system; (B) the threat to be countered floor and by administration officials even a limited threat should be re- by such a system; and (C) ABM Treaty that, in and of itself, the underlying garded as progress. considerations with respect to such a bill violates the ABM Treaty, are The recent revelations about Saddam system.’’ In addition to the fact that wrong. If you don’t want to take my Hussein’s weapons program should section 233(3) (A) and (B) are unneces- word for it, ask Secretary Christopher. teach us that we won’t ever know as sary restatements of a basic purpose of I think the amendment weakens the much about some ballistic missile and each year’s Defense authorization and committee-reported Missile Defense weapons of mass destruction programs appropriations bills for all defense pro- Act of 1995, but having said that it is as we think we do. Combine this with grams, the requirement in section important to get this bill to conference the cavalier export control regimes of 233(3)(C) is completely backward. In- where we will have an opportunity to other countries currently possessing stead of requiring review of the effect improve these provisions. these weapons and delivery systems, of defending America on the ABM Mr. DOLE. Mr. President, 1 month and the oft-stated l10 years until the Treaty, we ought to review the effect ago I rose to support the Missile De- United States could be threatened by of the ABM Treaty on defending Amer- fense Act of 1995, as the Armed Serv- long-range missiles sounds more like ica. The defense of our country is more ices Committee reported it. It seemed wishful thinking than dispassionate important to me than the defense of a to me to be just about the right re- analysis. treaty that puts our country at risk. sponse to the growing threat of weap- I have three major concerns with this There are other parts of the amend- ons of mass destruction and ballistic amendment: ment in need of improvement, though and cruise missiles. Frankly, I was a First, unlike the committee-reported they are of lesser importance than the bit surprised by the vehemence with bill, the amendment does not require problems I’ve already raised. I’ll con- which some of my colleagues opposed the deployment of a national missile clude by making four observations: the bill once it came to the floor. defense system capable of defending all First, notwithstanding the desire by Many Americans are unaware that of the United States against even the some to ignore the threat posed to the right now, America is defenseless most limited of threats. This must United States by weapons of mass de- against ballistic missiles. If that fact change. We have been engaged for too struction and their ballistic missile de- were better known, I think many long in developing for deployment the livery systems, this threat is serious Americans would be very angry that necessary systems. Instead of commit- and we cannot continue to procrasti- the Missile Defense Act of 1995 ran into ting to deploy an NMD system against nate over employing the means at hand so much opposition from the Clinton a limited threat, this amendment com- to reduce this threat. Second, a na- administration and some of my col- mits to more procrastination. We’ve tional missile defense against a limited leagues on the other side of the aisle. had enough of this, and anything short threat would in no way undermine But the fact is that our choice—the of a commitment to deploy is unac- United States-Russian deterrence, and choice of those who want to protect ceptable. would only enhance deterrence of rogue America from this growing threat—was Second, section 238 of the amendment nations or groups with interests con- between this revised amendment or no prohibits the use of funds to implement trary to those of the United States, all bill at all. Given the other important an ABM/TMD demarcation agreement of whom are limited by scarcity of aspects of this bill, and given Saddam with any of the states of the former So- funds. We would do well to pay close Hussein’s recent revelations, we chose viet Union which is more restrictive attention to what Secretary Perry said to work things out and to take a step than that specified in section 238(b) recently, that, ‘‘The bad news is that in toward defending America—although it without the advice and consent of the this era, deterrence may not provide is not as big a step as we wanted. Nev- Senate or enactment of subsequent leg- even the cold comfort it did during the ertheless this amendment is a step for- islation. This funding prohibition is cold war. We may be facing terrorists ward and, let us not forget, we will fine, as far as it goes; unfortunately, it or rogue regimes with ballistic missiles have an opportunity in conference with does not go far enough. The amend- and nuclear weapons at the same time the House to make modifications. ment is silent on the possibility that in the future, and they may not buy In any case, there can be no doubt the administration could enact a more into our deterrence theory. Indeed, that this bill and this amendment take restrictive demarcation unilaterally. they may be madder than MAD.’’ concrete steps toward establishing ef- In essence, the amendment tells the ad- Third, however the Russian Duma acts fective theater and national missile de- ministration that if it wants to have a on the START II Treaty, its decision fenses. more restrictive demarcation standard will be based on many factors, only one On the essential question of national than that spelled out all it has to do is of which is their perception of United defense, this amendment establishes as announce the standard unilaterally, States actions with regard to the ABM U.S. policy the deployment of a mul- without Russian agreement. This Treaty. It is incorrect to suggest that tiple-site national missile is operation- amendment would not prohibit the use Duma ratification of START II is based ally effective against limited, acciden- of funds by the administration if it solely on our ballistic missile defense tal, or unauthorized ballistic missile were simply to take the current Rus- legislation, and the Senate cannot attacks on the territory of the United sian proposal on demarcation and allow itself to be held hostage by States—a defense system that can be adopt it as the unilateral position of threats of retaliation by the Duma. augmented over time to provide a lay- the United States. To go one step fur- Fourth, the missile defense provisions ered defense. The Secretary of Defense ther, as written this amendment would in the underlying bill will not violate is instructed to implement this policy September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12655 by developing a national missile de- The Congressional Budget Office esti- cautions against that. But I believe that the fense system—consisting of ground- mates this is a $48 billion proposition. only thing that should be done is research. based interceptors, fixed ground-based Can we in good conscience embark on That should continue. But we should not de- radars, and space-based sensors—capa- a project to doubtful feasibility and ploy any of these devices. Senator MOYNIHAN. Did I hear you cor- ble of being deployed by the end of 2003. enormous cost, which only addresses rectly when you said that it might hit an as- Unlike some of my colleagues who one of many nuclear threats? Potential teroid? still believe that the cold-war-era ABM adversaries will simply channel their Dr. BETHE. Yes. Treaty defends America, I believe that resources into producing delivery vehi- Senator MOYNIHAN. I thought for a moment nothing short of the development and cles that the system could not defend you had said ‘‘astronaut.’’ But it might be deployment of an effective national against; submarines, cruise missiles, both or either, for that matter, if it comes to missile defense system will truly pro- it. stealth aircraft, terrorists car bombs. May I say to the Chairman and to my col- tect America against the threats of the In 1977, Prof. Han Bethe of Cornell league, Senator Robb, that in 1977, Hans 21st century. University, one of the most distin- Bethe on our back porch in upstate New The recent revelations by Saddam guished figures of sciences in the nu- York, said one of these days some crazy sci- Hussein—that the Iraqis filled nearly clear age, during a visit to my home in entist is going to come along to you fellows 200 bombs and warheads for ballistic upstate New York, warned me that in the Senate and say I have a plan whereby missiles with biological and toxin such a plans would 1 day be presented we put these nuclear weapons in place all weapons—should drive this point home. to the Senate. over the atmosphere and at a certain point With respect to the ABM Treaty, this On March 23, 1983, with little atten- we detonate them and they produce a laser and it goes zap. And he said it’s coming and legislation calls for a year of careful tion given to the technical details, consideration on how to proceed with when it comes, tell those people they are President Reagan proposed an initia- loony. the ABM Treaty in the longer term. tive which became known as the stra- Well, it came, just as he predicted. In 1945, During that time the President could tegic defense initiative [SDI]. We have he wrote that the Soviets could have the and should seek to negotiate with Rus- yet to work out the technical details of bomb in 5 years; they got it in 4. After our sia a mutually beneficial agreement a national missile defense system. Yet luncheon in 1977 we got Star Wars in 5, I that will allow the United States to there are those in this body who appear think. We could have saved ourselves a lot of proceed with multiple-site deploy- to be bent on deploying some remnant ments. Furthermore, this legislation grief, it seems to me, if we had listened to of the SDI, without regard to the po- you in the first place. You know, the people prohibits the use of funds to implement tential threats that exist, or the costs who built these bombs know something an agreement limiting theater missile involved. about how they work. Dr. Bethe, you’ve even defenses—which were never limited by In testimony to the Foreign Rela- suggested you could go down into the base- the ABM Treaty—without the advice tions Committee in 1992, Dr. Bethe ment and turn uranium into reactor fuel. It and consent of the Senate. This was in- elaborated on his objections to deploy- is not that much of a technical feat. tended to address to the very real con- ing such a system. I ask unanimous But you would keep the research going on the general principle that you ought to know cern that the administration has not consent that an excerpt from the tran- abandoned the ill-conceived course of as much physics as you can but leave it on script of that hearing be printed in the the ground and not deploy any Brilliant Peb- negotiating changes to the ABM Trea- RECORD. bles or Sullen Sods or whatever. ty that would restrict theater missile There being no objection, the excerpt Dr. BETHE. I think we should not deploy defenses despite oft-stated and deep- was ordered to be printed in the any of this. I think even if they are effective, seated Senate objections. RECORD, as follows: everybody has agreed that they are no good This legislation also establishes a against a strong enemy like the Soviet HEARING BEFORE THE COMMITTEE ON FOREIGN Union used to be. I think it would be a mis- theater missile defense core program RELATIONS, FEBRUARY 25, 1992 and a cruise missile initiative that fo- take to deploy such devices against acciden- Senator MOYNIHAN. I recall that 15 years cuses our resources on deploying effec- tal launch of Third World countries. ago, Dr. Bethe, you and Mrs. Bethe very gra- Is that the answer you wanted? tive systems that are needed right now ciously came to lunch, and you tried to warn Senator MOYNIHAN. Yes. I wanted your to defend, American interests around me against something I never heard of. I view, but that was the question I wanted an- the globe. really didn’t know what you were talking swered. Yes. Mr. President, this amendment does about. It turned out to be Star Wars.6 Does Ambassador Nitze have a different not achieve all of the objectives I You described, as I recall, having me with view? would like to have seen achieved. How- a Soviet physicist in a conference in Rome or Ambassador NITZE. I think the terms in- ever, it does take firm, tangible steps some such place and you both agreed that volved are very confusing and are not pre- there were those people who thought one toward defending America—most im- cisely defined. With respect to the intercep- could have a small nuclear device explode in tion of shorter-range ballistic missiles, for portantly by setting a goal of 2003 to space and send out a laser beam that would instance, such as the Patriot missile, which deploy a multiple site, effective defense zap something on the other side of the uni- was used during the Gulf War, I think that is of the United States of America. On verse. You both agreed that it was crazy but an important thing which one should con- this there cannot be and will not be that there were plenty of crazy people in tinue to develop. any compromise. We will have a con- both our countries and they were likely to Dr. BETHE. [Nods affirmatively.] ference with the House. And if the con- try it. You were not wrong. Senator MOYNIHAN. I think you are getting ference report that is worked out is ac- But now we are further down in our no- agreement from your colleague at the table. tions. Brilliant Pebbles I think is the most But those are ground-based or at least based ceptable and is passed by the Congress, recent formulation. within the atmosphere. the responsibility will be with the Do you think we should pursue this kind of Ambassador NITZE. They are ground based, President to sign this bill so that de- anti-missile technology at this level? I know the Patriot missile. I think most of the de- fending America becomes the law of that you thought at the grand level it would vices which might be used against, for in- the land. not prove coherent, and it did not. But might stance, shorter-range things, such as SCUDS, HANS BETHE WARNED OF THIS it at a lower level? Did you have any would be ground-based. But there are some Mr. MOYNIHAN. Mr. President, at a thoughts for us on this? that are not. Dr. BETHE. I have a strong opinion on Star The man who really invented Brilliant point in our history when we have suc- Wars. I thought it was misconceived from Pebbles—I forget his name—now works at cessfully avoided the Armagedonnic ca- the beginning, and by now I think there is no Los Alamos and he believes that one ought tastrophe of nuclear confrontation and reason at all to pursue it or to pursue any to go for something which he calls ‘‘burros,’’ have began the sensible process of lim- variation of it. being the stupidest animal around. Instead iting nuclear warheads by treaty, the Senator MOYNIHAN. Or to pursue any vari- of having these bright interceptors, you have Senate proposes to adopt a bill that ation of it. ones with low capability but which would be could resurrect the nuclear arms race, Dr. BETHE. The Brilliant Pebbles, in con- very good against shorter range missiles, and, in the process, jeopardize 23 years trast to the X-ray laser, are likely to be which would be in the lower atmosphere. I technically feasible. But I am terribly nerv- think he may be right about that. of arms control treaties. The Armed ous about having 1,000 such devices cruising So if there are ways and means of dealing Services Committee has presented the about above the atmosphere. One of them with the shorter range threats, which the Senate with a bill that proposes a na- might hit an asteroid. They tell me and I Saddam Husseins or the Iraqis and so forth tional ballistic missile defense system. think they are right that they have pre- are capable of, I think we ought to be willing S 12656 CONGRESSIONAL RECORD — SENATE September 6, 1995 to deploy those in the event the technology are themselves shocked to be told— Also, Pentagon officials are concerned a works out. that our country today has no missile test ban will make it impossible to guaran- So it’s a question of I want to know pre- defense system in place capable of pro- tee the reliability of America’s 7,000 nuclear cisely what it is that we are talking about tecting American cities from long weapons. Sen. John Warner, R–Va., says when we say don’t do it or do do it. doubt about the U.S. arsenal could even in- Senator MOYNIHAN. Dr. Bethe does not range missile attacks. vite a nuclear attack. seem to disagree with that. I estimated that perhaps most Okla- Alarmingly, it appears Clinton cares more Dr. BETHE. I agree that it would be good to homans were not readily aware of some about reviving world test ban talks than he have an effective means against shorter- of the basic terms of the debate cur- does about protecting the United States. range missiles. Brilliant Pebbles is not the rently going on in Washington about Concerning national missile defense, the right thing, and I believe some knowledge- the important missile defense provi- Senate bill mandates a system to protect the able people think that we can have such a sions of the current defense authoriza- country from deliberate or accidental mis- device. When we see one, I am in favor of it. tion bill. sile attack. But Clinton has threatened a Senator MOYNIHAN. Thank you very much. veto, saving it would violate the 1972 Anti- I would suggest that part of the rea- Mr. MOYNIHAN. Mr. President, Ballistic Missile Treaty signed with the son for this has to do with the media, George P. Shultz recounts in his biog- then-Soviet Union. particularly the national media, most raphy ‘‘Turmoil and Triumph’’ that Recently four senators proposed an amend- of which has either not adequately fo- ment to allow missile defense planning but SDI was President Reagan’s own idea cused on this issue or has skewed it in delaying deployment pending congressional but that the plan was announced after such a way as to downgrade its impor- review. It also would permit the president to a favorable endorsement from the tance. But there are also similar prob- negotiate changes in the ABM treaty to Joint Chiefs of Staff. Then Secretary of allow a missile defense. lems with the local media. Sounds pretty good, but some analysts say State Shultz reports that when Law- For example, in Oklahoma there are rence Eagleburger informed him that the amendment, which will be voted on when two major daily newspapers, the daily Congress returns from its August recess, the Joint Chiefs of Staff had told the Oklahoman and the Tulsa World. Their President that a strategic defense sys- could be a subtle way to kill a missile de- differences reflect similar disparities in fense system. tem could be developed, the Secretary the national media. Baker Spring of the conservative Heritage responded, ‘‘The Chiefs are not The Tulsa World reflects a consistent Foundation says the amendment’s delaying equipped to make this kind of proposal. liberal view of the world, one which fa- aspects would allow Clinton, who opposes They are not scientists.’’ Of course, vors the expansion of the role of gov- missile defense, ‘‘to strangle programs in the when the scientists were consulted, it crib.’’ Spring says it seems as if ‘‘we’re say- ernment in almost every area except ing the ABM treaty comes first, the defense was concluded it could not be done. defense. Their left-leaning editorial Finally, consideration must be given of the nation comes second.’’ view tends to distort the reality of sig- Finally, Clinton argues two mutually ex- to the possible response of Russia to nificant issues such as missile defense. clusive ideas. First, he says existing nuclear our actions. The original bill would The daily Oklahoman, on the other weapons can defend America, making a mis- have required us to abrogate the ABM hand, much more clearly reflects the sile defense unnecessary. Then he says the Treaty. If we were to break the ABM conservative social and economic val- United States will quit the testing that en- Treaty unilaterally, it is clear that ues of Oklahomans. It is a larger paper sures the reliability of current weapons sys- Russia would respond by rejecting tems. Huh? and provides a much more realistic ap- Clinton can’t have it both ways. The Sen- START II. This amendment still pro- proach to issues such as national de- poses that if the Russians do not agree ate should insist on moving ahead with a fense. missile defense program. to modify the ABM Treaty to allow us During the past month, each of these to deploy a national missile defense papers had major editorials on the [From the Tulsa World, Aug. 14, 1995] system that consideration be given to threat of missile attack. There is quite PORK, REPUBLICAN STYLE United States withdrawal from the a difference in their approach. I think Right-wing Republicans in Congress are ABM Treaty. Russian nationalists it will be instructive for my colleagues pushing a bill that would force the Pentagon would certainly be pleased if we would to examine these editorials and ponder to develop a multi-site national missile de- do so. how the media is shaping the debate fense system by 2003. This is the latest incar- My point is simply that the national about vital issues facing our country. nation of the Star Wars program, a science- missile defense system envisioned in I therefore ask unanimous consent fiction anti-missile system that blossomed this bill will only be effective against during the Reagan administration. that the two editorials I mentioned There are many reasons why this out- limited ballistic missile attacks. Lim- concerning missile defense—one from ited is not defined, but it is unlikely rageously expensive scheme should be put to the Tulsa World and one from the daily sleep once and for all. that it might be referring to a capabil- Oklahoman—be printed in the RECORD. First, it would have to work perfectly in ity of defending against 1,400 ballistic There being no objection, the edi- order to protect American cities and mili- missiles launched simultaneously? We torials were ordered to be printed in tary bases from nuclear weapons. It would do can wipe out 1,400 ballistic missiles; the RECORD, as follows: little good to knock down 19 out of 20 nu- not with a ballistic missile defense sys- clear-tipped missiles aimed at, say, New [From the Oklahoman, Aug. 20, 1995] tem, but with a treaty. The START II York. The 20th bomb would do the job. Any- Treaty. Treaties can go a long way to FOR THE COMMON DEFENSE one who works with computers and other protecting us against nuclear weapons. The Clinton administration’s attachment electronic equipment knows from personal experience that this goal of perfect perform- If we jeopardize ratification of START to a pair of international agreements has the potential to weaken U.S. defenses against a ance is impossible. II, we risk a lot for this limited ballis- foreign attack. Even if science could find a perfect way to tic missile defense system. President Clinton last week announced the frustrate a missile weapons system with a MISSILE DEFENSE United States would cease future nuclear 100-percent success rate, the same science Mr. INHOFE. Mr. President, during weapons tests in hopes of energizing stalled could just as easily find the means to frus- the August recess, I had about seven talks aimed at producing a worldwide test trate the anti-missile system. So, the next events each day and never passed up ban. logical step would be an anti-anti-missile At the same time, Clinton’s threatened system, a weapon to knock out or to disable the opportunity to let them know veto of the defense authorization bill—be- the anti-missile defense system. It wouldn’t about the most critical threat facing cause it orders development of a national have to be disabled completely—just enough America today—missile attack. I spoke missile defense system—is behind efforts to to get a few nuclear devices through the about the fact that the actions we take water down the missile defense part of the ‘‘shield.’’ today will directly affect the kind of bill. But there are more urgent reasons why defense posture our country has in 5 to It’s a double-whammy for U.S. national se- this is a bad idea. It would violate the 1972 7 years. curity. anti-ballistic missile treaty with the former The danger we face is real. Yet I was First, although declaring a U.S. nuclear Soviet Union. This pointless provocation test ban looks great on television and might does not reduce the risk of nuclear war. It surprised and shocked at the ambiva- evoke comparisons with John F. Kennedy increases it. lence and lack of understanding that (something Clinton wouldn’t mind), it’s Finally, it is an insult to the budget-bal- exists concerning this vital issue. quite a leap of faith minus guarantees the ancing process. It is unbelievable that this Many people simply do not realize—and Russians will do likewise. wasteful scheme is being advanced at the September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12657 same time Americans are being asked to ac- before we defend the American people view of the ABM Treaty. The new lan- cept cuts in such things as education, care from attack. guage differs from the original bill in for the elderly and medical help for the poor. This is a much smaller step forward three sections. I hope that these dif- John Isaacs, spokesman for an arms con- than it should have been. We should trol advocacy group, explained part of the ferences, which are as follows, are ad- problem: ‘‘Defending pork is a bipartisan stop talking about developing options, dressed by the conferees. pastime. It is endorsed by both Democrats and begin to deploy a national missile First, the compromise calls for the and Republicans.’’ defense system. United States to embark on a program Star Wars is the right-wing Republican The American people must know that to develop for deployment a national version of pork. the threat we face in the very near fu- missile defense system. This character- Mr. INHOFE. Mr. President, some of ture is real and it affects all of us. It izes the research we have undertaken my colleagues who have been com- would be the height of irresponsibility for the last 12 years and changes noth- plaining about the liberal eastern if we were not prepared to meet this re- ing with respect to our Nation’s com- media should be aware that there are ality. mitment to deploy defenses. The origi- similar problems and concerns re- The challenge before us is to face the nal bill clearly called for deployment flected in the local media in the very facts. Former CIA Director James of a national missile defense system heartland of America. Woolsey, who served in the Clinton ad- and is a more proactive statement of As we approach a vote on the missile ministration and is no partisan advo- congressional intent to deploy a na- defense provisions of the defense bill cate, has told us bluntly: Up to 25 na- tional missile defense system rather which have been worked out among our tions either have or are developing than to conduct research forever. colleagues on both sides of the aisle, I weapons of mass destruction and the The threat facing the United States, want to commend Senators for their missiles to deliver them. its allies and troops abroad by the pro- good-faith efforts to reach a com- The CIA currently tells us that North liferation of ballistic missiles man- promise on this very complex and con- Korea is now working on a long-range dates that we move forward toward de- tentious issue. missile—the Tapeo Dong II—which ploying ballistic missile defenses. In a I supported the wording of the origi- may be capable of reaching Alaska and March 1995 report, ‘‘The Weapons Pro- nal bill that came out of the commit- Hawaii within 5 years. liferation Threat,’’ the Central Intel- tee as a good start which recognized These are serious challenges. It is our ligence Agency observed that at least the threat and put us on the road to duty to face them now and not blind 20 countries—nearly half of them in the providing the real missile defense we ourselves by rationalizing that we can Middle East and Asia—already have or need. wait 10 more years or 20 more years. If may be developing weapons of mass de- While I will vote in favor of the new we do, it may well be too late. struction and ballistic missile delivery compromise provisions, I am not So it is my hope that when the de- systems. Five countries—North Korea, pleased with the weakening of lan- fense bill gets to conference we will be Iran, Iraq, Libya, and Syria—pose the guage and goals that this compromise able to strengthen the language so that greatest threat because of the aggres- represents. I am very hopeful that the we make it clear that we are proceed- sive nature of their weapons of mass language can be significantly strength- ing on a course which will put in place destruction program. All already have ened when we get to conference. a national missile defense system with- or are developing ballistic missile that We started out saying that we would in 5 to 7 years. could threaten U.S. interests. deploy a national missile defense sys- In my mind, this is the least we can Second, in addressing the require- tem. Now we are just going to develop do to meet our highest constitutional ments of a layered defense system, the for deployment a national missile de- obligation—the one without which no compromise language merely calls for fense. other obligations have any meaning— a system that can be augmented over This compromise urges deployment to provide for the common defense—the time as the threat changes. The origi- of theater missile defenses to benefit protection of our people, our freedom, nal bill required a system that will be our deployed troops and allies, but only and our country. augmented over time as the threat allows a missile defense for the Amer- Mr. KYL. Mr. President, today, the changes to provide a layered defense. ican people to be developed for deploy- Senate is considering the bipartisan The key issue here is whether the DOD ment. compromise on ballistic missile de- plans now for a layered defense system, We began by simply calling for high- fenses [BMD]. Although two key one potentially with space-based as- ly effective missile defenses; we have amendments by opponents of BMD sets, or does DOD merely hold out the now required that they be affordable were voted down by the Senate on Au- option for the possibility of evolving to missile defenses. gust 3 and 4, the bipartisan amendment a layered defense? No one wants to waste money. But is necessary in order to advance the I believe the commitment for layered how will affordability be defined? How Department of Defense authorization defenses is important. Space-based do we put a price on defending America bill and to bring it to a conference with interceptors provide worldwide, instan- from missile attacks? the House. taneous protection against missiles The truth is that the term ‘‘afford- I supported the original version of launched from anywhere in the world, able’’ will simply be used as a club by the bill submitted by the Armed Serv- and are both cheaper and more effec- opponents of missile defense for whom ices Committee. The original version tive than their ground-based counter- the price of security is always too high. set a proper course for deployment of parts. Missiles launched—either by ac- The term ‘‘cost effective’’ will just be theater and strategic ballistic missile cident or in anger—against the United used to fight every dollar that we try defenses on a time-line commensurate States or our allies and friends, could to spend on missile defense from now with the potential threat. Addition- be destroyed in the early stages of on. ally, the original language repudiated their flight, before they release their Cost effectiveness should not even be the ABM Treaty and its philosophical warheads if, but only if, we have space- an issue—the destruction by one bomb basis, mutual assured destruction, by based interceptors. This is especially of a single building in Oklahoma City declaring that it is the policy of the important with multiple warhead mis- cost $500 million. Imagine how much a United States that the two are ‘‘not a siles or missiles with chemical or bio- limited strike by nuclear weapons will suitable basis for stability in a logical warheads. With the latter, the cost. multipolar world.’’ early intercept results in more harm to We claim to recognize that the era of Though I am not at all entirely the attacking nation as chemical or bi- mutual assured destruction is over. pleased with the compromise language, ological agents would be dispersed over But instead of recognizing the reality the present version does preserve the its territory. Another advantage of that the ABM Treaty is a relic of the fundamental principles of the original space assets is that they are always on cold war and mutual assured destruc- bill: immediate deployment of theater station. tion, this compromise requires negotia- missile defenses; the possibility of mul- Third, both the compromise and the tions with the Russian Government tiple site national missile defense de- original bill have language concerning within the context of the ABM Treaty ployments; layered defenses; and re- the demarcation line between strategic S 12658 CONGRESSIONAL RECORD — SENATE September 6, 1995 and theater ballistic missile defenses. is closer than we think. It is time to mean when we say that we will proceed This section was necessary because the seriously address this issue. in a manner which is consistent with current position of the Clinton admin- In closing, Mr. President, I want to the ABM Treaty, and then say that we istration constrains key theater mis- stress that my preference is to stick are anticipating the need and providing sile defense systems. The effect of what with the original bill language, and I the means to means the treaty. And I the Clinton administration proposed will work with the conferees to rein- think they will be alarmed by ref- was to degrade the only advanced thea- state some of the critical sections of erences that are made to withdrawing ter systems in research and develop- that bill. However, in an effort to ad- from the treaty. ment in the United States. The bill and vance the DOD bill to conference, I am I am concerned about the con- compromise both require the adminis- reluctantly supporting the compromise sequences if the Russians believe that tration to submit for approval by the amendment. we are not acting in good faith, but are Senate any agreement it reached with Mr. BIDEN. Mr. President, I rise in intent on abrogating the ABM Treaty. the Russians on limiting theater mis- support of the Nunn-Warner-Levin- As I said on this floor a month ago, the sile defenses. In addition, it prohibits Cohen amendment. I commend my col- most likely consequence of our breach- the expenditure of funds for 1 year only leagues for their tireless efforts in de- ing the ABM Treaty would be a Rus- to implement any agreement that veloping a compromise on this issue sian refusal to ratify START II. would limit the capability of our thea- which moves us away from some of the Why? Because the cheapest way to ter missile defense systems. It is my most dangerous steps called for in the defeat a missile defense system is to hope that in conference, the restriction committee version of the Missile De- overwhelm it. So, if the Russians feel will be made permanent. fense Act of 1995. threatened by our development of a na- The compromise version, however, I still have serious reservations tional missile defense system, they are does not make clear that it is the in- about the compromise language, par- likely not only to scratch the START tent of the Senate, that any unilateral ticularly the effect it may have on II Treaty, but to begin a strategic limitation by the United States should Russian ratification of the START II buildup. We will counter with our own also be subject to the advice and con- Treaty. I also question whether the buildup and efforts to improve missile sent of the Senate. The administration greatest threat of a nuclear detonation defenses, and before you know it we has received five letters from Members in the United States comes from ballis- will be in a costly arms race, which the of the Senate and has participated in tic missiles. ABM Treaty was designed to prevent. countless meetings over the past 8 However, given the likelihood that A costly new arms race is not what months on this subject. That the Sen- the Defense authorization bill will Americans expected with the end of the ate takes this matter seriously and pass, I will support the amendment be- cold war. But that is exactly what they would not look favorably on attempts fore us as a way to remove some of the will get if we are not careful to avoid to circumvent the clear intent of the more egregiously misguided provisions damaging the ABM Treaty, which has Senate, should be abundantly clear. in the current bill language on missile been the basis for all strategic arms defense. The United States must proceed im- control agreements over the past two I would like to discuss briefly some mediately with the development and decades. I might add that these agree- of the areas where I see improvement deployment of theater ballistic missile ments were made without the United and to point out candidly those provi- defenses, and, at the earliest practical States deploying a strategic missile de- sions in the amendment which I regard time, should deploy national missile fense system. as still being problematic. defenses. During the last 4 weeks, while The amendment clearly makes sig- A second fundamental concern I have Congress has been on recess, informa- nificant improvements over the cur- is whether we are correct to focus our tion has surfaced concerning Iraq’s rent language. It moves us away from resources on defending against nuclear military buildup of weapons of mass the certainty of deploying a national warheads delivered by ballistic mis- destruction. The Washington Post re- missile defense system by 2003. It nar- siles. Even the kind of limited program ported that Iraq turned over 147 boxes rows the focus of missile defense ef- the authors of this amendment are and two large cargo containers con- forts from all ballistic missile threats talking about would cost tens of bil- taining information which describes a to accidental, unauthorized, or limited lions of dollars to eventually deploy. broader and more advanced effort by missile attacks. It guarantees a deci- The threat of ballistic missile attack the country to produce nuclear arms, sive role for the Congress before de- from rogue states or terrorists groups germ weapons and ballistic missiles ployment can occur. It removes restric- is at best a questionable one, and is not than previously known. Among the tions on the President’s ability to ne- likely to arise in the next decade, if new disclosures is an Iraqi admission gotiate with Russia an appropriate de- ever. that it had germ or toxin- filled shells, marcation standard between strategic The more likely means of delivery of aircraft bombs and ballistic missile and theater ballistic missile defenses. a nuclear explosive device to our warheads ready for possible use during And it includes the requirement that shores, as I have said on this floor re- the Persian Gulf war. missile defenses be affordable and oper- peatedly, would be an innocuous ship Iraq also admitted to having begun a ationally effective. making a regular port call in the Unit- crash program in August 1990—the These are no small achievements. ed States. A determined group could month it invaded Kuwait—aimed at They represent significant substantive assemble a device in the basement of a producing a single nuclear weapon improvements over the current lan- landmark such as the World Trade within 1 year. And, finally, the U.N. guage. Tower with catastrophic results. Ter- Special Commission on Iraq plans to There are still several areas of weak- rorist groups or outlaw states would investigate Iraq’s admission that it ness, however. not need a ballistic missile to reach was capable of indigenously producing As I said earlier, I am particularly our territory. engines for Scud missiles and that it concerned about the effect this amend- And that is where we should be focus- has made more progress in developing a ment may have on the START process. ing our resources: On tracking these longer range missile than it had pre- While the authors of this amendment terrorist groups and rogue states and viously stated. have done their best to move us away securing the many tons of fissile mate- The important lesson is that we al- from a collision course with the ABM rial now spread throughout the vast most always know less about a coun- Treaty, and many of us believe that territory of Russia. try’s program to develop weapons of they have, that may not be a view In conclusion, let me again thank mass destruction that we think we do. shared in Moscow by the Russian Senators NUNN, LEVIN, COHEN, and We cannot afford to be sanguine about Duma. WARNER for their efforts on this vital how long it will take one country or I am not sure they will understand issue. They have greatly improved another to develop a ballistic missile the fine distinction between ‘‘develop upon a piece of legislation, which that can threaten the United States. for deployment’’ and ‘‘deploy.’’ I am unamended would have seriously The evidence suggests that the threat not sure they will understand what we threatened our national security. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12659 Unfortunately, despite these im- maintaining a vital nuclear second- there more effective and affordable al- provements, I believe that the poten- strike capability. ternative ways to preserve national tial is still there to undermine the I therefore cannot explain why there and international security than by de- ABM Treaty and our security in the is language in this bill referring to de- veloping missile defenses? Five, does process. However, the choice between terrence as a mere relic of the cold the legislation before us today enhance the two alternatives—the missile de- war. With thousands of Russian and or erode the national security? And six, fense language in the bill versus the United States nuclear weapons con- is America in the post-cold war envi- amendment before us—is really not a tinuing to threaten each other, there is ronment really best served by a go-it- choice. I will support the amendment no law that Congress can pass that alone missile defense strategy, or is to avoid the more damaging con- would repeal nuclear deterrence—it re- our security more dependent upon co- sequences of the current bill language. mains an unpleasant reality, a basic operation with our allies and mainte- Mr. GLENN. Mr. President, the Sen- fact of international life. Mutual as- nance of strong military and intel- ate has before it today two legislative sured destruction is not so much a pol- ligence capabilities against potential proposals that address U.S. policy to- icy or a doctrine as a fundamental re- adversaries? ward the Anti-Ballistic Missile (ABM) ality about the current strategic rela- Congress simply has not fully exam- Treaty and missile defense generally. tionship between the United States and ined the costs we would pay from aban- There is language in S. 1026 that would Russia. doning the ABM Treaty. When it comes require the United States to deploy a It is good for our security that the to domestic regulatory decisions, the multiple-site national missile defense ABM Treaty prohibits Russia from de- new congressional majority claims to system, an action that would violate veloping or deploying systems to kill favor rigorous cost/benefit analysis. the ABM Treaty. Its alternative, the United States strategic missiles. Simi- Yet its members appear reluctant to substitute offered by my colleagues, larly, the lack of a strategic missile de- apply such analysis to our national de- Messrs. NUNN, LEVIN, WARNER, and fense system in the United States en- fense policy, particularly with respect COHEN, would only require the United hances Russia’s confidence in its own to existing proposals to hinge Ameri- States to ‘‘develop’’ such a defense ‘‘for deterrent. As a result, the treaty has ca’s security on star wars or its many deployment.’’ provided a solid foundation upon which sequels. Unfortunately, even the sub- Though I am not happy with either the superpowers can reduce their nu- stitute missile defense amendment proposal, I will vote for the substitute clear arsenals without jeopardizing brings new risks and costs into the de- only because it does less damage to the strategic stability. This process is now bate on missile defense. ABM Treaty than its alternative. No- well underway with the START I and II THE FABLE IN THE FIRST-DEGREE AMENDMENT body should interpret this vote, how- treaties. It is a process that, at long Let us imagine for a moment that a ever, as a ringing endorsement of the last, appears to be actually working: fictitious new party to the treaty on policies set forth in the substitute, for the stockpiles are indeed being re- the non-proliferation of nuclear weap- reasons which I would like to discuss in duced. ons [NPT], is suddenly swept up in a some detail in this statement today. In The ABM Treaty, however, is now new wave of collective national para- my opinion, neither the original lan- under assault by critics who believe it noia. Rumors of new foreign threats guage in S. 1026 on missile defense, is obsolete. They believe that recent are rampant, though always hard to which was narrowly approved by a technological developments offer the pin down. Nevertheless, the country de- straight party vote in the Armed Serv- prospect of a safe harbor against thea- cides to embark on a policy to acquire ices Committee, nor the substitute ad- ter and limited strategic missile an affordable and operationally effec- dresses my deepest concerns about the strikes. This is, of course, not the first tive nuclear weapon to serve as a deter- future of the ABM Treaty. time that a technological innovation rent against limited, accidental, or un- I recognize the hard work that my has led to great strategic instability, authorized foreign nuclear attacks. colleagues, Messrs. NUNN, LEVIN, WAR- great expenditures, and great dangers Since the legislators of country x know NER, and COHEN, have devoted to forg- to our national security. This is not that the NPT contains a provision that ing a bipartisan consensus on this con- the first time that unbounded faith in permits withdrawal from the treaty on troversial issue. Yet several provisions technological fixes has captured the only 90 days’ notice, these members of remain in both proposals that jeopard- imagination of defense specialists and parliament promptly decide—after ize the future of the ABM Treaty and, editorial writers. very little debate—to enact a new law as a result, the stability of the strate- The development of the multiple authorizing the development for de- gic relationship between the United independently targetable reentry vehi- ployment of nuclear weapons, so long States and Russia. cle (MIRV), for example, was once her- as this is accomplished within, or con- Before identifying section by section alded as a giant technological innova- sistent with that treaty. The law then my specific concerns with these propos- tion that would bolster U.S. national goes on to define specific technical als, I would like to address some broad- security. Yet the START II treaty will characteristics of such weapons that er issues. eliminate all ground-based MIRV’s pre- can be developed without breaching the CONTEXT OF MISSILE DEFENSE ISSUES cisely because of the risks they pose to treaty. And the only weapons that are For almost a quarter century, the strategic stability. MIRV’s were intro- taboo under this new law are those ABM Treaty has helped to preserve the duced, lest we forget, amid fears that that exceed these standards and that peace by guaranteeing the United Russia was deploying a missile defense are actually detonated. States the means of retaliating in the system. The American and Russian ex- On the 91st day of the international event of a nuclear attack by Russia. By perience with MIRV’s should remind us outcry over this incredible law, coun- prohibiting Russia from deploying a all that technology must remain the try x unveils a robust nuclear arsenal national multiple-site strategic missile tool of policy to serve the national in- without ever having breached the trea- defense system, the treaty works to en- terest—it must not drive that policy. ty, leaving the whole world to ask, sure the reliability of the United Yet technology is very much what is what went wrong? States nuclear deterrent; in performing driving the current debate over the fu- Now forget country x. Let us take this function, the treaty also saves the ture of the ABM Treaty. The whole de- some concrete examples. What if the taxpayer the burden of supporting a ro- bate boils down to a few fairly Iranian parliament decides that this bust national missile defense system. straightforward questions: One, are the approach makes great sense as an ap- The majority in the Armed Services gains to U.S. and international secu- proach to NPT implementation? What Committee knows all about the impor- rity from developing and deploying a if the Russian Duma someday decides tance of protecting U.S. deterrence ca- national strategic missile defense sys- that this is also the way to go in insert pabilities—during committee delibera- tem worth the risks? Two, are these its own most-favorite notions of de- tions over the stockpile stewardship gains worth the costs of acquisition, fense policy into its laws implementing program, I heard a lot about the spec- deployment, and maintenance of such a the START II Treaty? What if Syria ter of ‘‘structural nuclear disar- system? Three, will these investments becomes a party to the Biological mament’’ and the vital importance of address genuine threats? Four, are Weapons Convention and passes a law S 12660 CONGRESSIONAL RECORD — SENATE September 6, 1995 permitting the development for deploy- Yet despite all these serious weak- global threat of nuclear weapons pro- ment of certain specific types of bio- nesses, the substitute is still margin- liferation. Coming on the heels of the logical weapons for what it asserts are ally better for arms control and non- successful permanent extension of the purely defensive purposes? What if Ger- proliferation than the missile defense NPT, the bill’s language on both mis- many decides that its commitments measure contained in S. 1026. In sum, sile defense and nuclear testing would under the Missile Technology Control though the substitute has clearly not weaken, rather than strengthen, the Regime only extend to missile systems de-fanged the missile defense proposal global nuclear regime based on the that are actually demonstrated or found in the bill, it has at least filed NPT, an outcome that would prove cat- flight-tested above the standard 500 kg down some of its incisors. astrophic to our global security inter- payload/300 km range guidelines? What FROM FABLE TO NIGHTMARE ests. if each of the 159 countries that have I would now like to turn from the Few people realize that if there is no signed the Chemical Weapons Conven- fable to the nightmare: namely, the ABM Treaty, Russia will even be able tion decides to enact new laws defining missile defense language in S. 1026. On to export its strategic missile defense the specific technical characteristics of August 4, 1995, Anthony Lake wrote to capabilities, something that Article IX chemical weapons that are controlled the majority leader that ‘‘* * * unless of the ABM Treaty now expressly pro- under that treaty? And specifically the unacceptable missile defense provi- hibits. I doubt many of my colleagues with respect to the ABM Treaty, if it sions are deleted or revised and other are aware that the ABM Treaty is not had been acceptable in the last decade changes are made to the bill bringing it just an arms control convention—it is to develop for deployment weapons sys- more in line with administration pol- also explicitly a nonproliferation trea- tems and components that are banned icy, the President’s advisors will rec- ty. Article 9 reads as follows: under the ABM Treaty, would Russias ommend that he veto the bill.’’ To assure the viability and effective- notorious Kraysnoyarsk radar station The letter addressed specific con- ness of this Treaty, each Party under- have violated that treaty? cerns over the ABM Treaty and NMD takes not to transfer to other States, Mr. President, I submit that this is language. If enacted, the letter stated, and not to deploy outside its national not the way to go about interpreting these terms— treaties. This is not the way to stop territory, ABM systems or their com- . . . would effectively abrogate the ABM ponents limited by this Treaty. proliferation. This is not the way to Treaty by mandating development for deploy- pursue arms control. This is not the ment by 2003 of a non-compliant, multi-site Note that this language does not pro- way to enhance the national security NMD and unilaterally imposing a solution to hibit the United States from assisting interests of the United States. And this the on-going negotiations with Russia on es- its friends and allies to develop and de- surely does not serve the interests of tablishing a demarcation under the Treaty ploy TMD systems. The treaty does, international peace and security. Yet between an ABM and a TMD system. The ef- however, prevent both Russia and the this, I regret to say, is the essence of fect of such actions would in all likelihood United States from sharing strategic be to prompt Russia to terminate implemen- the approaches now before the Senate tation of the START I Treaty and shelve missile defense capabilities with other with respect to the development and ratification of START II, thereby leaving countries. And in the case of Russia, deployment of missile defense systems thousands of warheads in place that other- those capabilities include interceptors that are not allowed by the ABM Trea- wise would be removed from deployment with nuclear warheads. ty. under these two treaties. [Emphasis added.] It seems appropriate, therefore, that Though I disagree with this aspect of This language echoes similar views before we set ourselves on a course of both of these approaches, the sub- expressed by Defense Secretary Perry abrogating the ABM Treaty, we should stitute has the advantage of at least and the Chairman of the Joint Chiefs of carefully examine the full implications not requiring the immediate deploy- Staff, General Shalikashvili. At issue for U.S. defense interests around the ment of prohibited missile defense sys- here is not a duel between liberals or world of eliminating the only inter- tems. It continues to suffer, however, conservatives or Democrats and Repub- national constraint on the prolifera- from several important weaknesses. It licans—at issue is the gain and loss to tion of these strategic missile defense contains vague and dangerously ambig- the national security of the United systems. uous language. For example, the term States from abandoning the ABM Trea- limited, as used in the term limited, How will such proliferation affect the ty. By my reading, there is no contest. ability of the United States to respond accidental, or unauthorized, is unde- I do not believe that it in any way fined and hence expands significantly to regional crises that might arise serves our national interest to set our- around the world in the years ahead? the scope of the national missile de- selves on a course to abrogate that fense [NMD] scheme. It requires the de- How will it affect the United States treaty. It surely does not serve Ameri- ability to project power? I am not sat- velopment, with the express intention ca’s interests to encourage Russia—as of deployment, of an NMD system that isfied that anybody has seriously this bill inevitably would—to develop weighed such considerations. is not allowed under article I of the its own multiple-site strategic ABM ABM Treaty. It requires the develop- system, an action which would only The treaty, furthermore, does not ment of TMD systems, such as THAAD weaken our own nuclear deterrent. The only ban the horizontal or geographic and Navy Upper Tier that have capa- costs to cash-strapped American tax- spread of such missile technology. It bilities to counter strategic ballistic payers of repairing that damage could also helps to constrain both the size missiles, a mandate that conflicts di- potentially mount into the tens or and sophistication of the United States rectly with article VI of the ABM Trea- hundreds of billions of dollars. and Russian nuclear weapon stock- ty. It accepts the committee’s one- I cannot understand how the support- piles—in short, the ABM Treaty also sided and largely unsubstantiated as- ers of the bill’s missile defense provi- constrains the vertical proliferation of sertions, or findings, about the grave sions can simultaneously claim to nuclear weapons. By banning the de- imminent missile threat facing the worry about what they call, ‘‘struc- ployment of national strategic missile United States, while ignoring several tural nuclear disarmament’’ while they defense systems, the treaty works to ways in which this threat has been at- are also pushing for a course of ac- protect the effectiveness and reliabil- tenuated in recent years. It fails to tion—abrogating the ABM Treaty— ity of the US nuclear arsenal and offer a single finding about the positive that would truly undercut the effec- thereby works to stabilize nuclear de- and constructive ways that the ABM tiveness of the U.S. nuclear deterrent. terrence. Abandonment of the treaty Treaty has served key U.S. security in- It in no way serves our interests to en- will trigger a new offensive nuclear terests. It repeals laws that require courage Russia to reconsider its com- arms race, as leaders both here and in U.S. compliance with the ABM Treaty. mitments under the START I and Russia will have to find new ways to And it places the U.S. Congress on for- START II treaties. defeat these new missile defense sys- mal record endorsing a unilateral U.S. And by derailing the strategic arms tems. definition of an ABM Treaty-permis- control process, the bill’s missile de- Yet I have seen little indication in sible missile defense system. fense language also aggravates the the process of reviewing this proposal September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12661 that anybody here has considered how Indeed, this term ‘‘limited, acciden- ing which Russia does not share, it will these particular side effects of the tal, or unauthorized’’ combines the fea- only open the door to Russia legislat- bill’s ABM proposals—in particular the tures of a wild card and an elastic ing its own definitions of key terms proliferation-related aspects of these clause: though precedents have already not only in the ABM Treaty but also proposals—would affect the full range been set using this undefined term, I the START II treaty, the Chemical of U.S. national security interests would not want Russia to enact legisla- Weapons Convention, and possibly around the world. tion unilaterally defining its own in- other important arms control, disar- Even our allies, Britain and France, terpretation of these terms. Changes mament, and nonproliferation agree- would be affected—the collapse of the such as these to an important inter- ments. ABM Treaty would mark an end to any national agreement should be made on The compromise requires the devel- hopes of encouraging these countries to the basis of mutual understandings be- opment for deployment of an NMD sys- engage in deep cuts of their nuclear tween the parties and in accordance tem capable of being deployed at mul- stockpiles. And I cannot believe for a with the conventional amendment and tiple sites, a policy that if imple- minute that China would sit by as its ratification process, rather than dic- mented would violate the current text neighbors ringed its borders with stra- tated by statute. of the ABM Treaty. Development and tegic missile defense capabilities. References in these proposals to the deployment of NMD systems are mat- Among China’s many options to re- right to withdraw from the ABM Trea- ters that must be arranged pursuant spond to such a development would be ty are either redundant—since this both to negotiations and to existing a dramatic expansion of its offensive right is quite explicit in the treaty—or treaty amendment procedures, includ- nuclear capability. The next crisis, pre- outright extortionary, since they seek ing ratification. dictably, would be the collapse of the to prescribe a specific diplomatic out- Similarly, space-based sensors should NPT itself as country after country come which only negotiations can ap- be developed only as agreed by the par- submits its 90-day withdrawal notice— propriately accomplish. ties. I believe the President should at following the course taken by Country The compromise proposal also con- the very least be required to prepare a X. tains language that questions the con- formal assessment of the arms control tinued importance of nuclear deter- and nonproliferation implications of SOME SPECIFIC CONCERNS rence as a basis of U.S. national secu- any systems being developed or de- I would now like to outline my spe- rity, despite considerable evidence that ployed for purposes of NMD. References cific concerns with these proposals— deterrence remains as a foundation of in this section to sea-based and space- concerns which I will address section our national security and despite the based systems and expanded numbers by section. lack of any viable alternative. of ground-based interceptors only in- Sec. 232 (Findings): Both the bill and Neither the original bill nor the com- vite the international community to the compromise language on missile promise language addresses the issue of doubt our willingness to live up to our defense lack any congressional findings nuclear-armed BMD systems—it would ABM Treaty obligations not to develop acknowledging the positive and con- surely seem to me that before we con- or to deploy such systems. structive ways that the ABM Treaty sider taking actions that will lead to Sec. 236. Cruise Missile Defense Ini- has advanced America’s arms control multiple violations of the ABM Treaty, tiative: Both the compromise and the and nonproliferation interests. In fail- we should examine fully some of the bill contain language addressing the ing to address these benefits of the consequences of that decision, espe- dangers from the continued global treaty, and in failing to recognize that cially with respect to the proliferation spread of weapons of mass destruction. in some ways the missile threat to the of nuclear weapons. Many people forget Yet both also fail to clarify that some United States has actually lessened in that the ABM Treaty also prohibits the of the most likely delivery systems for recent years, the proposed findings se- global spread of strategic ballistic mis- most weapons of mass destruction do riously mischaracterizes—and in my sile defense systems. Considering that not involve ballistic or cruise missiles. view overstates—the missile prolifera- Russia has just such nuclear-capable It seems to me that before we launch tion threat facing the United States. systems, it hardly seems wise to set into framing defense initiatives around Few of us here will disagree that the ourselves on a course to abandon a specific weapons systems, we should spread of weapons of mass destruction, treaty that prevents the spread of just understand better the nature of the especially nuclear weapons, jeopardizes such technologies. As part of their ef- specific and anticipated threats they our security. Many, however, would forts to reduce their reliance on nu- pose relative to other weapons sys- disagree that developing systems that clear weapons as a basis of their secu- tems. would be in violation of the ABM Trea- rity, both the United States and Russia I can think of at least two other de- ty is the right way to go about address- might well consider pursuing an agree- livery systems that may pose a threat ing that threat, especially when there ment to outlaw nuclear-armed missile to US defense interests that is equal to are so many ways of delivering such defense systems. or greater than the proliferation threat weapons other than by missile. Sec. 234. TMD Architecture: The ini- now posed from ballistic missiles— Sec. 233 Policy: With respect to the tial operational capability dates in this first, the capabilities of advanced Policy section, the substitute is ambig- section and in section 235 (NMD Archi- strike aircraft (Pakistans F–16s come uous on the fundamental issue of the tecture) should be consistent with un- to mind here as just one example) to U.S. intent with respect to compliance derstandings reached between the par- deliver weapons of mass destruction, with the its obligations under ABM ties to the ABM Treaty. THAAD and and second, the threat coming from Treaty. To the limited extent that it Navy Upper Tier should only be in- terrorists using such weapons. Spend- addresses this issue, it focuses only on cluded in the Core Program if the par- ing tens and hundreds of billions on compliance with a particular version of ties to the ABM Treaty agree that such missile defense will not help us to ad- the ABM Treaty, namely, the treaty’s systems and their components are per- dress either of these clear and present obligations as they are unilaterally in- missible under the treaty; the same dangers. terpreted in this bill. The language should apply to space-based sensors in- Sec. 237. ABM Treaty: References in also sets in gear significant initiatives cluding the Space and Missile Tracking the compromise proposal to provisions without any prior consensus among the System (SMTS), and to follow-on sys- of the treaty relating to the amend- parties to the treaty. The terminology tems. ment and withdrawal process are un- about ‘‘multiple-site’’ deployments will Sec. 235. NMD Architecture: As I necessary since such provisions are al- apply to systems that have capabilities have already noted, the term ‘‘lim- ready law of the land. Including them against strategic missiles. And given ited’’—used both in the bill and the only signals an intention to implement that all missile attacks are limited by compromise to refer to future missile such rights. Neither proposal acknowl- the laws of nature, it is by no means defense capabilities—is undefined in edges some of the positive contribu- clear what these current proposals both proposals. Clearly, this term tions the ABM Treaty has made to the mean by the term ‘‘limited’’ missile at- should not be defined only by one party national security of the United States. tack. to the treaty—if this term has a mean- It should not be for United States S 12662 CONGRESSIONAL RECORD — SENATE September 6, 1995 alone, nor Russia alone, to define uni- to make to our national security. But threat; TMDs will ‘‘reduce the incentives’’ laterally key terms of this treaty—the the schedule is such that we do not for missile proliferation; the ABMT’s dis- process of interpretation must involve have such time. Accordingly, I will tinction between strategic and non-strategic Russia and the normal process of mak- missile defense is ‘‘outdated’’; nuclear deter- vote for the least bad of the two pro- rence (mutual assured destruction) is ‘‘not a ing, ratifying, and amending treaties. posals before us. suitable basis for stability’’; TMD and NMD Also the comprehensive review called Mr. President, I ask unanimous con- enhance strategic stability by reducing in- for in the compromise proposal fails to sent to insert into the RECORD at this centives for first-strikes; export control and include specifically an assessment of point an analysis prepared by my staff arms control regimes are not alternatives to the full implications for U.S. diplo- of the missile defense provisions now TMD and NMD; and the ABMT prevents the matic and security interests of a col- before the Senate, and a table compar- US from establishing a limited missile de- lapse of the ABM Treaty. ing key provisions of the ABM Treaty fense. In response to such findings, the SASC fa- Sec. 238. Prohibition on Funds: The with the proposals found in the sub- velocity/range demarcation standard is vors the following US policies: to ‘‘deploy as stitute amendment. soon as possible’’ TMDs; ‘‘deploy a multiple- unilateral—it has not yet been agreed There being no objection, the mate- site national missile defense system’’; ‘‘de- by the parties. The implementation of rial was ordered to be printed in the ploy as soon as practical’’ effective defenses the demonstrated capabilities standard RECORD, as follows: against ‘‘advanced cruise missiles’’; invest in should also be governed by mutual ANALYSIS OF 1995 MISSILE DEFENSE PROPOS- R&D for follow-on BMD options; employ agreement of the parties. The specific ALS IN THE SENATE (SUBMITTED BY SENATOR ‘‘streamlined acquisition procedures’’ to prohibition on funding should only JOHN GLENN) speed BMD deployments; and ‘‘seek a cooper- ative transition’’ away from the doctrine of apply to systems that are not in com- Last July, the Senate Committee on mutual assured destruction. pliance with the ABM Treaty as agreed Armed Services (SASC) reported out the by the parties. Since section 232 of the FY96 defense bill (S. 1026), which contained System Architecture National Defense Authorization Act of several provisions that would, if imple- With respect to TMD, the Secretary of De- mented, place the United States in violation fense (SecDef) shall establish a ‘‘top priority 1995 remains law of the land, there is core theater missile defense program’’ con- no need to repeat it in this bill with re- of the ABM Treaty (ABMT). Included were provisions requiring the deployment of a sisting of (by year of deployment) PAC–3 spect to the President’s treaty-making multiple-site national ballistic missile de- (1998), Navy Lower Tier (1999), THAAD (2002), powers. fense system and prescribing a unilateral and Navy Upper Tier (2001). These systems Sec. 241. Repeal of Other Laws: The U.S. definition of the scope of systems sub- are to be interoperable and are to exploit air current first-degree amendment fol- ject to the ABMT, thereby circumventing and space-based sensors and battle manage- lows the existing language in the bill the ABMT formal amendment process. ment support systems. The Corps SAM and by repealing outright 10 laws pertain- Following widespread criticism of this pro- BPI systems will be terminated. The SecDef ing to missile defense. Some of those posal, Senators NUNN, LEVIN, COHEN, and shall develop a plan for deploying follow-on WARNER offered in August a bipartisan sub- systems. The SecDef shall submit a report in provisions are obsolete. But other parts 60 days specifying a plan to implement these of those laws—such as those dealing stitute. Though the substitute does not re- quire immediate deployment of BMD sys- provisions. with the U.S. compliance with the tems in violation of the ABM Treaty, the With respect to NMD, the SecDef shall de- ABM Treaty, the requirement for real- substitute does not resolve several outstand- velop a NMD system for deployment by 2003 istic tests, the importance of financial ing questions about America’s intentions consisting of: ground-based interceptors in burden-sharing with our friends, the re- with respect to its obligations under the such locations and numbers as are necessary quirements for consultations with our ABMT. The table in Annex 1 of this memo il- to provide a defense of Alaska, Hawaii, and lustrates some of the inconsistencies be- CONUS against ‘‘limited ballistic missile at- allies, previous congressional findings tacks; fixed ground-based radars and space- about the positive value of the ABM tween the substitute and the ABM Treaty. This memo (1) describes and analyzes the based sensors; and battle management/com- treaty, and requirements for consulta- SASC missile defense recommendations, and mand, control, and intelligence (BM/C3).’’ tions between the parties to the treaty (2) describes and analyzes the substitute pro- SecDef shall develop an ‘‘interim’’ capability on activities relating to implementa- posal. by 1999 as a ‘‘hedge against the emergence of near-term ballistic missile threats.’’ SecDef tion. 1. SASC ACTION shall use ‘‘streamlined acquisition proce- CONCLUSION In summary, the bill moves U.S. policy: (a) Thus to vote for the missile defense dures’’ to expedite NMD deployment, while away from nuclear deterrence (mutual as- saving costs. SecDef shall submit a report in proposal in the bill amounts to a vote sured destruction); and (b) away from several 60 days on the implementation of this law against the ABM Treaty, and a vote ABMT prohibitions (including: multiple-site and analyzing options to improve the sys- against that treaty is to vote for the deployments, ABM systems based at sea and tem, including: additional ground-based proliferation not just of defensive mis- in space, giving TMD systems capabilities to interceptors or sites; sea-based missile de- sile systems, but for the proliferation intercept strategic missiles, space-based sen- fense systems; and space-based kinetic en- of the strategic nuclear missiles that sors useful against strategic systems, etc.). ergy and directed energy systems. The bill contains a unilateral U.S. definition will be necessary to defeat those de- With respect to cruise missiles (CMs), of an ABMT-permissible system. The bill SecDef shall undertake ‘‘an initiative’’ to en- fenses. In a very real sense, the death also limits the negotiating flexibility of the sure effective defenses against CMs. He shall of the ABM Treaty could well signal President and prohibits the President from submit a plan in 60 days. the deaths of both strategic nuclear spending funds to implement more restric- The ABM treaty (ABMT) tive ABM controls. arms control and nuclear nonprolifera- The bill offers a sense of the Congress that The current text of S. 1026 was reported tion. I cannot support any such pro- the Senate should undertake a review of the out of Committee on July 12. Subtitle C of posal. ‘‘value and validity’’ of the ABMT and Title II (RDT&E) contains 11 sections per- I therefore urge my colleagues to op- should consider establishing a ‘‘select com- taining to ‘‘missile defense.’’ The proposed mittee’’ to review the ABMT and that the pose the committee language on mis- language covers theater missile defense President should cease negotiating any un- sile defense. Let us by all means get on (TMD) against theater ballistic missiles derstandings on the ABMT until this review with the business of reducing external (TBMs), national missile defense (NMD) is completed. The sense of the Congress also weapons threats to our country’s secu- against strategic ballistic missiles (SBMs), includes a requirement for SecDef to submit announces several findings and new national rity, a business the ABM Treaty makes a declassified negotiating history of the policies covering both systems, alters the legitimate with respect to TMD. But ABMT. The bill provides a unilateral demar- U.S. policy toward the ABMT, and repeals 10 let us not retreat into a technological cation line to designate permissible BMD other missile defense laws. While not quite Fortress America as we would with the systems: if a system or component has not abrogating the treaty outright, the SASC been ‘‘flight tested in an ABM-qualifying missile defense provisions in S. 1026. language still sets the US on a course out of flight test’’ (defined in the bill as a flight Today, we have before us a choice be- the ABMT. tween one missile defense proposal that test against a missile target that is flying Findings and policy is a nightmare and another that is a over a range of 3,500 km or at a speed of fable. Given additional time, Congress In S.1026, Congress ‘‘finds’’ that: missiles greater than 5 km/second), it is not covered are posing a ‘‘significant and growing by the ABMT. The Senate finds, however, may well have been able to construct a threat’’ to the US; the development of TMDs that these parameters are ‘‘outdated’’ and third option, one which built upon and ‘‘will deny’’ US adversaries an option for at- hence should be ‘‘subject to change’’ after acknowledged the important contribu- tacking the US and its allies; the intel- the Senate review of the ABMT. The bill pro- tions that the ABM Treaty continues ligence community sees a growing missile hibits the expenditure of funds to implement September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12663 any lower standard. SecDef is to certify an- sultations and negotiation between the less such TBMs ‘‘are tested against or nually that no US BMD system is being con- Parties’’; and issued a sense of Con- have demonstrated capabilities to strained more than as provided in this bill. gress that it ‘‘fully supports the de- counter modern strategic ballistic mis- Budget categories clared policy of the President * * * to siles.’’ The SecDef was required to con- For budgetary purposes, the bill identifies reverse the erosion of the Anti-Ballis- duct a review of several listed BMD the following as of the national BMD pro- tic Missile Treaty of 1972,’’ that systems to determine if such systems gram: PAC–3, Navy Lower Tier, THAAD, Congress’s support for SDI ‘‘does not Navy Upper Tier, Other TMD, NMD, and Fol- (including Brilliant Eyes) ‘‘would be in low-On and Support technologies. express or imply an intention on the compliance with the ABM Treaty.’’ part of Congress that the United States Repeal of 10 BMD Laws The SecDef shall immediately notify should abrogate, violate, or otherwise The SASC bill repeals the following, in- Congress if there is any compliance cluding several significant provisions: erode such treaty,’’ that such funding problem in pursuing advanced TMDs 1. In the MDA91: Congress endorsed ‘‘does not express or imply any deter- and describe the problem. The bill at- US efforts to work with Russia on mination or commitment on the part tached funding limitations pending strengthening nuclear command and of the Congress that the United States submission of the report. develop, test, or deploy ballistic mis- control, reduce strategic weapons, and 10. In Sec. 235 of the NDAA95: This strengthen nonproliferation efforts. sile strategic defense weaponry that would contravene such treaty,’’ and section listed 13 program elements for Congress also: defined the US BMD sys- the BMDO, for budgetary purposes. tem as directed against ‘‘limited’’ bal- that funds ‘‘should not be used in a listic missile threats declared that this manner inconsistent with any of the Analysis of the SASC Language treaties commonly known as the Lim- system shall be ‘‘ABM Treaty-compli- The SASC language establishes a pol- ited Test Ban Treaty, the Threshold ant’’ and limited to ‘‘100 ground-based icy of deploying a multiple-site na- interceptors’’; urged the President to Test Ban Treaty, the Outer Space Treaty, or the Anti-Ballistic Missile tional ABM system—this cannot be im- pursue ‘‘discussions’’ with the Soviet plemented without either amending or Union to clarify what is permissible Treaty of 1972.’’ 6. In Sec. 226 of the NDAA88/89: The abrogating the ABMT. Amending the with respect to space-based missile de- treaty would permit the Russians to fenses and to permit other changes in SecDef was prohibited from deploying ‘‘any anti-ballistic missile system un- deploy their own multiple-site system, the ABMT (including adding sites, including enhanced BMD features os- using space-based sensors, etc); re- less such deployment is specifically au- thorized by law after the date of enact- tensibly intended only for TMD sys- quired the SecDef to include ‘‘burden tems but which would have some sig- sharing’’ in a BMD report; clarified ment of this Act.’’ 7. In Sec. 8123 of the DDApA89: This nificant capabilities against strategic that the ‘‘limited’’ BMD defense capa- ballistic missiles. The measure thus fo- bility shall only cover threats ‘‘below a was a sense of the Congress on SDI. It said SDI ‘‘should be a long-term and cuses only on what may be potentially threshold that would bring into ques- gained from expanded BMD efforts, and tion strategic stability’’; and provided robust research program’’ to provide the U.S. with ‘‘expanded options’’ to ignores what may be potentially lost— $4.1 billion for SDI projects, including including the credibility of the U.S. nu- $465 million for ‘‘space-based intercep- respond to a ‘‘Soviet breakout’’ from the ABMT and to respond to other fu- clear deterrent, the ABMT itself, the tors’’ (including Brilliant Pebbles). START process, and the NPT, as the 2. In sec. 237 of the NDAA94: the SecDef ture Soviet arms initiatives; such op- was prohibited from approving any TMD tions ‘‘can enhance’’ U.S. ‘‘leverage’’ in strategic arms reduction process comes project unless it passed ‘‘two realistic live- arms reductions negotiations; funding to a halt amid new missile defense de- fire tests.’’ levels ‘‘must be established using real- velopments. 3. In sec. 242 of the NDAA94: Congress istic projections of available re- The committee text also places into sought to increase burden-sharing of BMD sources’’; and the ‘‘primary emphasis’’ development costs; the SecDef was to pre- law a unilateral U.S. definition of sys- pare a plan of cooperation with allies (spe- on SDI should be ‘‘to explore promising tems that can be developed within the cifically cited were NATO, Japan, Israel, and new technologies, such as directed en- ABMT—under that treaty, such South Korea) to avoid duplication and re- ergy technologies, which might have changes are supposed to be arranged by duce costs; the section contains a sense of long-term potential to defend against a through an amendment process based the Congress that whenever the US deploys a responsive Soviet offensive nuclear on mutual agreement of the Parties. A TMD system to defend a country that has threat.’’ unilateral U.S. definition would serve not provided financial support for that sys- 8. In Sec. 8133 of the DDApA92: Con- as a dangerous precedent inspiring tem, the US should consider ‘‘whether it is gress here reached several findings Russia to insert its own ‘‘most-favor- appropriate to seek reimbursement’’ to cover about the implications for our NATO some of the cost of that deployment; the sec- ite-notions’’ of BMD into its own stat- tion also established a special ‘‘Theater Mis- allies of modifying the ABMT, includ- ute books. Moreover, the 5 km-second/ sile Defense Cooperation Account’’ (subject ing—that all of our NATO allies ‘‘have 3500 km range demarcation line is well to audit by GAO) to receive foreign funds to in the past been supportive of the ob- above the parameters of most TBM sys- support TMD development. jects and purposes of the ABM Treaty’’; tems today (which fly at about 2 km/ 4. In sec. 222 of the DDAA86: Congress that ‘‘changes in the ABMT would have sec), yet dangerously close to the slow- prohibited the deployment of any profound political and security impli- est SBM systems (which fly at between ‘‘strategic defense system’’ unless the cations’’ for these allies and friends of 6–7 km/sec). Thus the Committee lan- President first certifies that the sys- the U.S.; and that before seeking to ne- guage serves to: blur the distinction tem is both ‘‘survivable’’ and ‘‘cost ef- gotiate any changes in the treaty, the between strategic and theater systems; fective’’ (i.e., that it ‘‘* * * is able to U.S. should consult with U.S. allies and raise the risk of technological surprise maintain its effectiveness against the ‘‘seek a consensus on negotiating ob- and treaty ‘‘break out’’ activities; com- offense at less cost than it would take jectives.’’ plicate treaty verification (given the to develop offensive countermeasures 9. In Sec. 234 of the NDAA94: Con- greater growing ambiguity over which and proliferate the ballistic missiles gress reached several findings, includ- systems are strategic and which are necessary to overcome it’’). ing that: the MDA91 ‘‘establishes a theater); and jeopardize the strategic 5. In sec. 225 of the DDAA86: Congress goal for the United States to comply arms reduction process. found that the President’s Commission with the ABM Treaty’’; DoD is ‘‘con- on Strategic Forces had declared in its tinuing to obligate hundreds of mil- The Committee language also repeals report to the President dated 3/21/84 lions of dollars’’ on development and several laws that specifically required that ‘‘One of the most successful arms testing of systems before a determina- U.S. adherence to the ABMT and that control agreements is the Anti-Ballis- tion has been made that such items required burden-sharing in the form of tic Missile Treaty of 1972’’; noted that would be in compliance with the increased financial contributions from the Secretary of State has stated that ABMT; and the ABMT ‘‘was not in- our allies for BMD systems. ‘‘* * * the President has explicitly rec- tended to’’ limit systems designed to The premise of all the SASC propos- ognized that any ABM-related deploy- counter modern TBMs ‘‘regardless of als are the findings that the U.S. is ments * * * would be a matter for con- the capabilities of such missiles’’ un- now facing a serious missile threat and S 12664 CONGRESSIONAL RECORD — SENATE September 6, 1995 that this threat is growing. Both of weapons, not to acquire them. The under U.S. nuclear sanctions, contin- these premises are open to question. stockpiles of the nuclear weapon states ues to make commercial U.S. pur- There are at least six rebuttals to the are going on a downward, not an up- chases of spare parts for its F–16 nu- proposition that the U.S. is now facing ward, trend. If the CTBT is successfully clear weapon delivery vehicles. France, a ‘‘serious and growing threat’’ that re- concluded in 1996, there will be no more meanwhile, is seeking buyers for its quires either the amendment or abro- nuclear explosions anywhere for any Mirage 2000 wherever they can be gation of the ABMT to counter— purpose. Progress is being made on a found. The F–16C aircraft has a maxi- (1) A Growing Threat? In April 1987, cutoff of the production of fissile nu- mum weapons load of 5,400 kg and a President Reagan announced the estab- clear material for weapons or outside combat radius of 930 km; the Mirage lishment of the Missile Technology of safeguards. To point to the illicit 2000 has a maximum weapons load of Control Regime to regulate inter- weapons activities of a few states is 6,300 kg and a combat radius of 700 km. national commerce in goods relating to not to suggest the existence of a new By comparison, the North Korean missiles that are capable of delivering international proliferation norm. Nodong—now under development—will a 500 kg warhead a distance of 300 km. Moreover, the interest that Iran, have a reported 1000 kg payload and a Since that time, Congress has heard North Korea, India, Pakistan, and Is- 1000 km range. Administration spokesmen repeatedly rael have shown in developing long- testify about the 15–20 countries that range missile capabilities needs to be In November 1991, Stanford Univer- either now have such missiles or are interpreted in light of other inter- sity’s Center for International Security developing them (or may have the ca- national trends. Over the last three and Arms Control issued a report enti- pability to develop them). Yet the decades, the following surface-to-sur- tled, ‘‘Assessing Ballistic Missile Pro- number of countries alleged to be de- face missiles have either been can- liferation and Its Control,’’ authored veloping such missiles has remained, to celled or are going nowhere: South Ko- by a panel of participating experts that a considerable extent, constant since rea’s NHK–1; Taiwan’s Chin Feng included three senior officials now in the MTCR was established. (‘‘Green Bee’’); Argentina’s Condor II; the Clinton Administration, including Arguably, the worst missile threats Egypt’s al-Zafir, al-Kahir, Ar-Ra’id, the current Secretary of Defense, Wil- facing the U.S. are those that involve and Vector; Saudi Arabia’s CSS–2; liam Perry. The report found that: the delivery of weapons of mass de- Iraq’s Al-Hussein; Iraq’s Al-Abbas; ‘‘Advanced-strike aircraft are gen- struction (WMDs, including nuclear, Iraq’s Badr-2000; Brazil’s SS–300; the Is- erally as capable as missiles, and in chemical, and biological weapons) rael/Iran ‘‘Flower’’ project; the Libyan many cases more capable, for deliver- against U.S. territory, U.S. forces, or Otrag rocket program; all of the United ing ordnance, so it is logical to devote, U.S. allies. The most potentially de- States and ex-Soviet INF missiles; the at minimum, comparable efforts to structive threat comes, and will con- disarmed and to-be-dismantled ICBM’s their control.’’ Yet US efforts, epito- tinue to come for the foreseeable fu- in Belarus, Kazakhstan, and Ukraine; mized by the SASC bill and past BMD ture, from Russia’s nuclear-tipped the South African missile and space legislation, continue both to neglect ICBMs—a situation that will likely launch vehicle program; the China/ this clear and present threat. These ef- persist for quite a while. Ironically, North Korean DF–61; and several oth- forts instead focus shortsightedly on nothing would be more effective in en- ers. It is wrong, therefore, to declare (a) the ballistic missile threat, (b) de- couraging Russia both to halt its nu- without qualification that the missile veloping technological defenses against clear disarmament activities and to ex- threat against the United States is such missiles, while (c) neglecting the pand its missile fleet than if the United only growing—in some respects it con- potentially negative military con- States decides to deploy—or even pre- tinues to jeopardize U.S. interests, but sequences of developing such defences, pare to deploy—a multiple-site na- in other respects the threat is arguably and (d) ignoring other means of ad- tional missile defense system in con- declining. dressing the missile proliferation travention of the ABMT. The ABMT (2) Clear and Present Dangers. The worst threat (i.e., prevention, preemption, has succeeded in permitting the super- dangers come from the further proliferation and deterrence). powers to reduce their nuclear arsenals and use of WMDs by additional countries or subnational groups. As for systems of deliv- because the treaty gives each country (3) Future Threats. Both the CIA and ering such weapons, Congress’s preoccupa- the DIA directors have recently testi- high confidence in the credibility of its tion with missiles—typically ballistic mis- nuclear deterrent. Eliminating or wa- fied that the U.S. will not face a new siles—is baffling. The massive investments missile proliferation threat for at least tering down that treaty is thus the called for in the legislation for TMD and wrong way to go about alleviating the NMD will surely not address the worst (al- a decade. As stated earlier, even North worst nuclear and missile threats now beit unlikely) military threat now posed to Korea’s Taepodong will at best be able facing the United States. the United States involving the delivery of to reach remote U.S. island territories The worst missile threat to the U.S. WMD—that is, an all-out Russian strategic sometime in the 21st Century, assum- is, in short, the old missile threat, not nuclear attack on the United States. It will ing that country remains in existence do little to address attacks coming by means a new one. The U.S. has a big stake in and its missile development program is of cruise missiles and various remote piloted successful. the success of the START/ABM proc- vehicles. And it will do nothing to prevent or ess: its success will mean that Ameri- deter a country of subnational group from Also, if the ballistic missile threat to ca’s worst missile threat will be a de- deploying a weapon of mass destruction in Israel, Japan, and South Korea were so clining threat. the U.S., against U.S. citizens or troops, or immediate and direct, the gravity of Is the global WMD proliferation threat—se- against U.S. allies by means of any of several this threat is still not reflected in na- rious though it is—growing? If not, then the non-missile delivery systems that would be tional funds invested by these coun- global missile threat may not be as grave as available for such a mission, at a fraction of tries in missile defense ventures. is commonly believed. the cost. Support for international non- Among the most attractive delivery Though these countries have expressed proliferation regimes provides one indi- systems—in terms of ready availabil- interest in TMD systems, the United cator of the WMD proliferation threat. ity, cost, reliability, and potential ef- States is still paying most of the bills. As of August 1995, the NPT has 178 par- fectiveness—are advanced strike air- Missiles are not the only means by ties; over 159 countries have signed the craft. These are delivery systems that which a country could attack the Unit- CWC and 135 countries have ratified the are not regulated by any treaty or re- ed States. A variety of aircraft and un- BWC. Though some parties may well be gime. As for national policy, the Unit- manned aerial vehicles (UAVs) could in violation of those treaties, it is dif- ed States continues to export nuclear- serve as potential delivery vehicles for ficult to deny that these three treaties capable strike aircraft or parts for such WMDs, including nuclear weapons. For enjoy widespread, almost universal aircraft without even verification example, the Tier 2+ experimental re- international support, and that this measures or host-country commit- connaissance UAV now under develop- support is growing. The rush is on to ments to guarantee non-nuclear uses. ment in the United States, was de- get rid of chemical and biological Pakistan, for example, a country now scribed in the July 10, 1995 issue of September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12665 Aviation Week as having the following missile races. Some of Russia’s BMD ‘‘follow-on’’ options; (d) streamline the BMD performance characteristics: a 14,000- interceptors are reportedly nuclear ca- acquisition process; and (e) seek a ‘‘coopera- mile range, a 2,000-pound payload, an pable. Others have characteristics tive transition’’ away from MAD. ability to stay in flight for more than (range, thrust, navigation systems, ma- The SecDef is to report to Congress (before 42 hours, and a maximum altitude of terials and coatings) very much like of- submitting the FY 1997 defense budget) on the costs of RDT&E/deployment of each BMD 65,000 feet. The United States, and U.S. fensive ballistic missiles. The simu- system (both TMD and NMD). forces abroad, may well be facing a lated offensive ballistic missile used as The bill includes Navy Upper Tier system graver threat from such aircraft in the a and THAAD within TMD core program—both next decade than they will face from interceptor, for example, is another Arrow.of which have been criticized as having po- ballistic missiles. Smuggled or cov- Second, if horizontal (or geographical) BMDtential strategic ABM capabilities. ertly deployed WMDs also remain a se- proliferation becomes popular thanks to theRequires the SecDef to develop a NMD sys- rious threat, as do WMDs deployed by collapse of the ABMT, this will also stimu-tem by 2003 that shall ‘‘be capable of being means of land vehicles or a wide vari- late more vertical proliferation of both ex-deployed at multiple sites,’’ include space- isting strategic nuclear weapons and theirbased sensors, include a limited NMD ety of ships. delivery systems. Proponents of the new legislation raise the ‘‘hedge’’ capability by the year 2000 involv- (6) Alternatives to Missile Defense. To the ing ‘‘one or more’’ sites. SecDef shall con- specter of North Korean missile attacks extent that the U.S. and its allies face mis- against the United States. Yet North Korea duct an analysis of options to improve NMD sile proliferation threats, there are more— effectiveness, including sea-based and space- is still many, many years away from having and more effective—ways to approach this a missile that could reach the continental based weapons, and additional ground-based threat than in searching for technological United States, or even Alaska or Hawaii—as- interceptors. shields. The massive funds that have been suming it would want to launch such a mis- The SecDef shall prepare a plan to upgrade spent on missile defense have drained valu- sile even if it had such a capability. Never- U.S. cruise missile defenses. able resources away from needed invest- theless, the SASC’s missile defense proposal ments in nonproliferation regimes, sanc- The Senate should undertake a review of would lead the United States out of the tions, export controls, intelligence collection the ‘‘value and validity’’ of the ABM treaty. ABMT (and thereby scuttle the START proc- and sharing, active and preventive diplo- The President cannot implement over the ess), a multi-billion-dollar proposal intended macy, conventional war-fighting capability, next fiscal year a more restrictive definition largely to cope with the Taepodong’s hypo- and other such classic nonproliferation tools. of an ABM-permissible system than that es- thetical worst-case capabilities in the 21st tablished in the bill—the bill establishes a Century. An alternative to this approach Arguably, the U.S. Marines remain today America’s best ‘‘ground mobile TMD sys- demarcation line at targets traveling at 3,500 would be to concentrate more on discourag- km range, 5 km/second velocity, and the ban ing North Korea from building such missiles tem,’’ if one factors in cost, effectiveness, and treaty considerations. Given past only covers deployment of systems that are in the first place. ‘‘flight tested’’ against targets fitting this Furthermore, certain trends in ad- underinvestment in sharpening the classic tools of nonproliferation, one should not be definition. vanced conventional weaponry may surprised to see chronic nuclear and missile The bill repeals 10 TMD/NMD-related laws rival or surpass the threat to U.S. proliferation threats. (following the SASC bill). forces in the years ahead that will 2. THE NUNN/LEVIN/COHEN/WARNER SUBSTITUTE Analysis of the substitute proposal come from ground-to-ground missiles— In summary, while the substitute dulls the The table in Annex 1 compares this pro- especially with respect to increasing teeth of the SASC’s missile defense lan- posal with key provisions of the ABMT. The accuracy and stealthiness of advanced guage, it surely does not ‘‘defang’’ that lan- most troublesome language pertains to the conventional weapons. guage. The text still sets the U.S. on a requirement to develop for deployment a (4) Missiles Have Not Historically course out of the ABMT: it requires the ‘‘de- multiple-site BMD system along with spe- Been Decisive. From Hitler’s V–2 rock- velopment for deployment’’ of a multiple- cific new systems (e.g., space-based and sea- et bombardment of London, through site missile defense system covering all U.S. based) that are not now permitted by the the Iraq/Iran war of the cities, to the territory; it accepts all the SASC findings ABMT. about the gravity of the missile threat; it recent war in Kuwait, missiles have There is a real danger that this language questions the value of nuclear deterrence; it will be perceived by the Russian parliament not proven to be a decisive weapon, ei- establishes a provocative new national pol- ther as an offensive weapon or as a and by Russian military and political leaders icy to ‘‘consider . . . the option of withdraw- as a U.S. intention to abandon the treaty. If weapon of deterrence. Israel’s signifi- ing’’ from the ABMT if Russia refuses to ac- this occurs, then the consequences for both cant technological edge in nuclear and cept unilateral U.S. proposed treaty amend- arms control and nonproliferation will be missile technology did not prevent it ments; it seeks the accelerated development grave. We can expect the following: from being repeatedly attacked by and ‘‘streamlined’’ acquisition of systems The Start II treaty will be in jeopardy; modified Iraqi Scuds; nor did the Pa- that are not ABMT-compliant; it endorses Russia may even consider withdrawing from the ‘‘demonstrated capabilities’’ definition Start I. triot antimissile batteries deter Iraq of an ABMT-compliant system; and it en- The other nuclear weapon states (France, from launching repeated missile dorses a unilateral U.S. definition of the ve- China, and Britain) will be reluctant to join strikes on both Israel and Saudi Ara- locity and distance criteria for distinguish- in the process of nuclear arms reductions if bia. It is also not at all clear that the ing strategic from non-strategic missiles. Russia and the U.S. are no longer con- The BMD provisions are broken down into widespread deployment of TMD sys- strained by the ABMT. tems in East Asia, South Asia, and the the following sections: findings (232); policy (233); TMD architecture (234); NMD architec- Russia’s reactions to the U.S. deployment Middle East would necessarily allevi- of a national multiple-site missile defense ate the nuclear weapons proliferation ture (235); cruise missile defense initiative (236); policy toward ABM treaty (237); spend- system could well include a reversal or even threat in those regions—it could even ing prohibition (238); BMD program elements an expansion of its offensive nuclear arsenal aggravate that threat by stimulating (239); definition of ABM treaty (240); and re- and deployment of its own national multiple- the search for new weapons designs and peal of 10 laws (241). A copy of these provi- site defense against U.S. missiles—all of delivery systems. sions appeared in the Congressional Record which would lead the U.S. to consider follow- (5) BMD Proliferation. The ABMT is on August 11. ing suit. not just an arms control treaty. It is The substitute includes the following nota- There is adequate reason to believe that ble findings: (a) the existence of a ‘‘signifi- the Russians will indeed interpret the U.S. also a nonproliferation treaty, in two policy to develop a national multiple-site respects. First, Article IX prohibits cant and growing’’ missile threat to the U.S. (later called an ‘‘increasingly serious BMD system for deployment as an intention Russia and the United States from ex- threat’’); (b) TMD can reduce incentives for to violate the ABMT, an action that could porting strategic missile defense sys- proliferation; (c) NMD can ‘‘strengthen stra- jeopardize the Start process. Russian percep- tems or components covered by the tegic stability and deterrence’’; (d) the doc- tions of the U.S. legislation will have a pro- treaty. If the ABM treaty collapsed, trine of nuclear deterrence (‘‘MAD’’) is found impact upon the future of several stra- there would be no legal obstacle to ‘‘questionable’’. tegic arms control initiatives, as indicated Russia exporting highly-capable mis- The bill would establish the following na- in the following statements: sile defense technology to hot spots tional policies to: (a) deploy ‘‘as soon as pos- On August 17, Mikhail Demurin, a spokes- sible’’ TMDs against TBMs; (b)‘‘develop for man for the Russian Foreign Ministry, told a around the globe, such as East Asia, deployment’’ a multiple-site NMD system wire service reporter that Russia believes South Asia, and the Middle East. The (and to ‘‘consider’’ withdrawing from the the legislation pending in the U.S. Senate on export of such systems could well fos- ABM treaty if Russia refuses to agree to nec- missile defense would lead to the ‘‘actual liq- ter or aggravate regional WMD and essary treaty amendments); (c) develop BMD uidation’’ of the ABMT. S 12666 CONGRESSIONAL RECORD — SENATE September 6, 1995 On August 4, National Security Advisor idea. That’s why they pose a considerable On January 18, Aleksandr Sychev wrote an Anthony Lake wrote to the Senate Majority threat to strategic stability in the world and article in Izvestiya warning that ‘‘The White Leader that the NMD language in S. 1026 provoke China and other ‘minor nuclear House plan to avail itself of a new ABM de- ‘‘would effectively abrogate the ABM Treaty. countries’ to sharply build up their nuclear fense system gives rise to the suspicion that . . . The effect of such actions would in all missile forces.’’ (Itar-Tass) On August 4, the United States is trying to bypass the likelihood be to prompt Russia to terminate Surikov specifically claimed that the US ABM Treaty and attain military-strategic implementation of the START I Treaty and Senate’s BMD language ‘‘prompts our coun- superiority.’’ shelve ratification of START II.’’ try to refrain from ratifying the START-2 On January 16, a senior Russian foreign On July 28, Defense Secretary Perry wrote Treaty and reconsider some provisions under ministry official criticized a recent test of a letter to Sen. Nunn in which he said that the START-1 one.’’ (Itar-Tass) ‘‘a tactical ABM system’’; noting that the the SASC’s BMD language would ‘‘put us on On March 28, Russian Foreign Minister test occurred ‘‘at a time when both countries a pathway to abrogate the ABM Treaty . . . Kozyrev commented on prospects for Russian were holding discussions . . . on distinctions jeopardize Russian implementation of the ratification of the START-II treaty, noting between strategic and tactical ABM sys- START I and START II Treaties . . . [and] that ‘‘It is also essential that no attempts be tems,’’ the official stated that ‘‘Washing- threaten to undermine fundamental national made to evade the ABM Treaty, since both ton’s actions worsen the atmosphere at the security interests of the United States.’’ By treaties are closely connected with each consultations and may have a negative effect continuing to call for the development with other.’’ (Itar-Tass) on the entire complex of security negotia- the intention of deploying a multiple site On March 17, columnist Vladimir Belous tions in general.’’ (Interfax) BMD system, the compromise language wrote in Segodnya that ‘‘Some [US] senators The danger that Russia will interpret the keeps the U.S. on the ‘‘pathway’’ to abroga- even demand that the administration stop substitute as an intention to abrogate the tion. the ABM negotiations, which can allegedly On June 28, the Chairman of the Joint ABMT is further aggravated by the repeal in limit US freedom of action. In fact the inten- Chiefs of Staff, Gen. Shalikashvili, wrote to both the Committee’s bill and the substitute tion is to reanimate the Reagan SDI pro- Sen. Levin that ‘‘Because the Russians have of provisions of existing law that require the gram, although in a more modest form . . . repeatedly linked the ABM Treaty with United States to remain in compliance with It must be admitted immediately that if the other arms control issues—particularly rati- the ABMT (e.g., repeal of the Missile Defense ABM Treaty is effectively undermined, fur- fication of START II now before the Duma— Act of 1991). ther implementation of the START I Agree- we cannot assume they would deal in isola- The substitute includes in a Sense of the ment will be in question. tion with unilateral U.S. legislation detail- Senate certain technical parameters to de- ing technical parameters for ABM Treaty in- On March 7, Aleksander Piskunov, the fine the types of BMD systems that are per- terpretation. While we believe that START vice-chairman of the Duma Committee for missible under the ABMT: any system that II is in both countries’ interests regardless of National Defense, stated after a meeting has not been tested against test targets fly- other events, we assume such unilateral US with American congressmen that ‘‘It is abso- ing at or above 5 km/second or exceeding a legislation could harm prospects for START lutely obvious that the discussion of the pos- 3,500 km range would be permissible. Though II ratification by the Duma and probably im- sibility of implementing the ABM system the substitute is an improvement over the pact our broader security relationship with will be fraught with serious consequences SASC bill’s provision, in that it is non-bind- Russia as well.’’ and will tell negatively on the upcoming ing, it nevertheless places the Congress in On June 20, Russian President Yeltsin sub- ratification of an agreement on the further favor of adopting a BMD testing standard mits the START II treaty to the Russian reduction of strategic offensive weapons.’’ that has not been agreed by the Parties to Duma with a cover letter stating that ‘‘It (Itar-Tass) the ABMT. The substitute also prevents the goes without saying that the Treaty can be On February 10, retired Major-General President from spending any funds in the fulfilled only providing the United States Vladimir Belous, writing at length in next fiscal year to implement any more re- preserve and strictly fulfill [the] bilateral Segodnya about ABMT-related develop- strictive standard. Moreover, in establishing ABM Treaty of 1972.’’ ments, concluded that each Party ‘‘will give a US national policy that a BMD system will On April 27, Russian foreign ministry its own interpretation to the parameters for be controlled only if it is actually flight test- spokesman Nikita Matkovskiy expressed delimitation and will be guided by them, ed, the substitute departs from the ABMT’s alarm that the US has started testing anti- which could lead to the de facto undermining prohibition on developing systems that have missile defense systems that the US unilat- of the treaty as a document of international inherent capabilities to destroy strategic erally claims are non-strategic; Matkovskiy law. Too much is at stake for there to be ballistic missiles. The substitute language stated that ‘‘In our opinion the continuation haste or inconsistency on this issue. The pro- would, therefore, put Russia on notice that of the policy of accomplished facts instead of found connection between strategic offensive the United States would have no objection if an intensive search for a mutually accept- and defensive weapons must be pointed out Russia developed and even deployed sophisti- able solution can only complicate matters, if once more. This signifies at this stage that cated strategic BMD systems as long as the not drive them into a blind alley.’’ (Interfax) the ratification of the START-2 treaty by systems are not flight tested against the uni- On April 23, Russian arms control expert the Russian parliament is possible only when laterally-defined US target criteria. Any Anton Surikov stated that US BMD plans the delimitation of strategic and ‘non-strate- subsequent Russian action to exercise these ‘‘are in fact yet another attempt to push gic’ . . . has been achieved and officially af- options would serve to weaken the credibil- through the back door the old Reagan SDI firmed. And in no case before that.’’ ity of the US nuclear deterrent. IMPACT OF THE SUBSTITUTE PROPOSAL ON THE ABM TREATY [Although the text does not explicitly require the U.S. to abrogate the ABMT, the substitute MDA95 would require the Executive to take steps that would—if implemented without amending the treaty—violate both the letter and the spirit of that treaty. Examples:]

ABM Treaty (ABMT) Missile Defense Act of 1995 (MDA95)

Preamble: considers that ‘‘effective measures to limit anti-ballistic missile sys- The substitute effectively substitutes ‘‘expand’’ and ‘‘expansion’’ for the ABMT Preambles terms for ‘‘limit’’ and ‘‘limitation.’’ Sec. 232 (4) ‘‘finds’’ that the tems would be a substantial factor in curbing the race in strategic offensive deployment of ‘‘effective defenses’’ against ballistic missiles ‘‘of all ranges’’ can reduce incentives for missile proliferation. Sec. 232 (5) refers to the arms and would lead to a decrease in the risk of outbreak of war involving difference between strategic and non-strategic ballistic missiles as a ‘‘Cold War distinction’’ in need of review. Sec. 232 (7) ‘‘finds’’ that BMD systems nuclear weapons’’; proceeds from the premise that ‘‘the limitation of anti- ‘‘can contribute to the maintenance of stability’’ as missile proliferation proceeds and as the U.S. and the CIS ‘‘significantly reduce the number of stra- ballistic missile systems . . . would contribute to the creation of more fa- tegic forces in their respective inventories.’’ Such findings are inconsistent with the letter and spirit of the preamble of the ABMT. The findings, more- vorable conditions for further negotiations on limiting strategic arms’’. over, are not balanced: they fail to address any of the strategic benefits that the U.S. has gained from the ABMT. Article I: Bans the following—deployment of ABM systems for a ‘‘defense of Sec. 233 (2) establishes a policy to ‘‘develop for deployment’’ a ‘‘multiple-site national missile defense system’’ protecting against limited missile attacks the territory of its country,’’ the provision of a ‘‘base’’ for such a defense, ‘‘on the territory of the United States.’’ Though this language echoes a similar provision in sec. 231 of the Missile Defense Act of 1991, it omits lan- and deployment to cover an individual region. In short, the ABMT allows lim- guage in that act requiring U.S. compliance with the ABMT; indeed, the substitute repeals the MDA91 in its entirety. The substitute also opens up a can ited defenses against strategic missiles, but they cannot be deployed to pro- of worms for treaty verifiers and arms control lawyers. In light of the bill’s positive ‘‘finding’’ in sec. 234(4) about a defense against missiles ‘‘of all tect the whole country. The treaty thus permits missile defenses against ranges,’’ the language could be read both to authorize a territorial, multi-site defense against ‘‘limited’’ attacks involving strategic missiles—exactly both strategic and non-strategic missiles, but defenses against the former what the treaty prohibits. Note that the text does not define ‘‘limited’’—and given all missile attacks are in some ways limited, the language invites a must be limited to one site (and even then, only certain types and numbers treaty interpretation that would ultimately permit a defense against all missile attacks. If implemented without modification of the treaty, this would of ground-based interceptors are permissible) and defenses against the lat- violate several key provisions of the ABMT, including (but not limited to) the bans on: (1) multiple ABM sites; (2) ‘‘development’’ of space-based and ter may not be given capabilities against strategic missiles. sea-based ABM components; (3) giving non-strategic BMD systems capabilities to counter strategic missiles; (4) developing a ‘‘base’’ for a territorial ABM defense; and (5) developing a missile defense for an individual region. The term ‘‘territory of the United States’’ covers a third of the globe, includ- ing: (in the Pacific) the Northern Mariana Islands, American Samoa, Guam, Baker and Howland Islands, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Palmyra, and Wake Island, and (in the Atlantic) the Virgin Islands and Puerto Rico—it is hard to imagine an ABM-compliant system that would be ‘‘operationally effective’’ in defending such an area without violating the ABMT. Even if the scope were limited to Hawaii, Alaska, and the CONUS, this would cover an area of over 3.7 million square miles; the total area would be far greater. It would not be unreasonable to interpret this proposal as a statement of a U.S. intent to break the treaty. Indeed, the dictionary defines the preposition ‘‘for’’ (as used in the phrase ‘‘develop for de- ployment’’) as meaning: ‘‘with the object or purpose of.’’ Article II: Defines a strategic ABM system as including not just interceptors, Sec. 233 establishes a national policy of developing a NMD system that will be ‘‘operationally effective’’ against limited ballistic missile strikes (regardless launchers, and radars, but also system components which are ‘‘undergoing of their origin or flight characteristics) against ‘‘the territory of the United States.’’ Sec. 235 defines the NMD ‘‘architecture’’ and directs the SecDef to testing,’’ ‘‘undergoing . . . conversion,’’ or ‘‘under construction.’’. ‘‘develop’’ a specific system achieving this goal. This provision is unilateral, given that Russia has not yet agreed to the BMD testing parameters found in the substitute. Sec. 235 (b) requires the SecDef to make use of ‘‘upgraded early warning radars’’ and ‘‘space-based sensors’’ in the NMD plan. Article III: The ABM system may cover only one deployment area (of fixed di- Sec. 233 (2) establishes a policy to ‘‘develop for deployment’’ a ‘‘multiple-site national missile defense system’’ protecting against limited attacks ‘‘on the mensions) and consist of no more than 100 ABM interceptor missiles; also territory of the United States’’ (see comments above). Such a deployment would thus violate both Article III of the ABMT and Article I of the ABM Proto- radar limitations. [This provision is pursuant to Article I of the ABM Protocol col of 1974. Sec. 235 (a) requires the SecDef to ‘‘develop’’ an NMD system (covering CONUS, Alaska, and Hawaii) involving ground-based interceptors of 1974.]. ‘‘capable of being deployed at multiple sites’’. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12667 IMPACT OF THE SUBSTITUTE PROPOSAL ON THE ABM TREATY—Continued [Although the text does not explicitly require the U.S. to abrogate the ABMT, the substitute MDA95 would require the Executive to take steps that would—if implemented without amending the treaty—violate both the letter and the spirit of that treaty. Examples:]

ABM Treaty (ABMT) Missile Defense Act of 1995 (MDA95)

Article V: Bans development, testing, or deployment of (a) ABM systems or Sec. 235 (a) requires the SecDef to ‘‘develop’’ a NMD system (covering CONUS, Alaska, and Hawaii) involving ground-based interceptors ‘‘capable of being components which are air-based, space-based, or mobile land-based; (b) deployed at multiple sites’’. The system is to include ‘‘space-based sensors’’ including the SMTS (formerly Brilliant Eyes) and BM/C3 systems. Sec 235 ABM launchers for launching more than one interceptor at a time from each (b) requires the SecDef, in developing the NMD plan, to ‘‘make use of . . . one or more of the sites’’ that will be used as deployment locations. Same launcher; (c) rapid reload ABM launchers. section requires the SecDef to prepare ‘‘an analysis of options’’ for developing NMD system that includes several systems that are not ABMT-compliant, including: ‘‘additional’’ (presumably in addition to the 100 authorized by the ABMT) ground-based interceptors at existing or new sites, sea-based mis- sile systems, space-based kinetic energy interceptors, and space-based directed energy systems. This list amounts to a congressional requirement for the SecDef to evaluate ‘‘options’’ to violate the treaty—an action that could reasonably be interpreted in Moscow as a prelude to treaty abrogation. Article VI: Bans giving non-strategic defensive missiles, launchers, or radars Sec. 235 (b) requires the SecDef to make use of ‘‘upgraded early warning radars’’ and ‘‘space-based sensors’’ in the NMD plan. The purpose of the NMD any capabilities to counter strategic missiles, and not to test such missiles system (sec. 235(a)) is to develop an ‘‘operationally effective’’ counter to a ‘‘limited, accidental, or unauthorized ballistic missile attack’’—yet the only in an ABM mode; bans deployment of future radars for early warning of systems permitted under the ABMT that can be ‘‘operationally effective’’ against limited/accidental/unauthorized launches of strategic missiles can only strategic missiles except at locations along the periphery of its territory and be deployed at one site, cannot be deployed at sea/air/or mobile/or with rapid reloads, etc—none of these restrictions appears in the bill. Also, given oriented outward. that (a) the term ‘‘limited’’ missile attack is not defined, (b) every missile attack is limited in some way, and (c) there cannot be infinite missile at- tacks—the law effectively constitutes a green light to counter all missile attacks on all U.S. territory—just what the ABMT was created to prohibit. The substitute also distinguishes between a BMD system having an inherent capability against strategic missiles and a BMD system that has been ‘‘tested against’’ such missiles. This language contrasts sharply with the ABMT’s ban on giving non-ABM systems capabilities to counter strategic ballistic mis- siles. Article IX: Bans transferring ABM systems or their components to other states Sec 235(b) requires the SecDef to prepare ‘‘an analysis of options’’ for NMD including sea-based missile systems, space-based kinetic energy interceptors, or deploying them ‘‘outside its national territory’’. and space-based directed energy systems—all of these would presumably be ‘‘outside the territory’’ of the United States. Under a unilateral interpreta- tion of its own obligations under the ABMT, Russia could in turn argue that it is permissible for Russia to deploy its own ABM systems around the world to counter ‘‘limited, accidental, or unauthorized’’ U.S. missile attacks. Russia could (if the ABMT is finally abrogated) also export whole strategic NMD systems or critical components to all destinations. Article XIV: Allows amendments; but agreed amendments shall enter into force The amendment process provides no authorization for unilateral national definitions of key terms of the treaty. Moreover, the substitute misleadingly claims with the same procedures governing the entry into force of the treaty. (in sec. 237(a)(4)) that all the programs in this bill ‘‘can be accomplished through processes specified within, or consistent with, the ABM Treaty, which anticipates the need and provides the means for amendment to the Treaty.’’ By the same reasoning, any non-nuclear-weapon state party to the Nuclear Non-Proliferation Treaty could ‘‘accomplish’’ a robust nuclear weapons arsenal fully ‘‘within’’ the procedures of the NPT, simply by following the 90-day withdrawal procedure. Indeed, either the U.S. or Russia could go ahead and develop and deploy a completely impermeable, national Star Wars system fully ‘‘within the ABM Treaty’’ simply by exercising that treaty’s right to withdraw (or by not engaging in flight tests). The proposal thus converts a pro- hibition into a right or even an obligation.

Mr. HELMS. Mr. President, I support minations and recommendations, and about this amendment about to be the Nunn amendment identified as we are going to do our job. voted on, so I am sure their voices will ‘‘The Missile Defense Act of 1995.’’ Last In conclusion, I support the Nunn be heard as this matter proceeds to res- week there was a curious, trumped up amendment for its foresight in develop- olution in conference. suggestion in a local newspaper that, ing a missile defense system to protect Mr. NUNN. I say to my friend from somewhere along the line, I had mys- all Americans. Still, I confess having Virginia, I was referring both to that teriously changed my position regard- reservations about the amendment be- matter and to other matters also. My ing the ABM Treaty. I have not, and cause I am convinced that it may com- comments were in general because the reporter who wrote the story knew promise some of the decisive language there are a number of areas where the it. I have always questioned the wis- and vision contained in the original administration and the Secretary of dom of the ABM Treaty, and I still do. bill. Defense have noted they want to work In fact, this past April I wrote to Mr. President, I reiterate my support to see that changes are made. So I was President Clinton stating my belief for passage of the Defense Authoriza- not speaking just on the Missile De- that the current U.S. position on the tion Bill of 1995. fense Act but that was included in my ABM Treaty is rooted in cold war men- Mr. NUNN. Mr. President, I intend to remarks. tality. In 1972, Mr. President, neither make a statement concluding the final Mr. WARNER. Mr. President, I just United States nor Soviet negotiators passage of the authorization bill out- wanted to make sure I protected the had any way to envision the security lining some of the challenges I think interests of my colleagues who did environment of 1995, characterized as it we have in conference. I do think there work on this particular amendment is by the rampant proliferation of bal- have been a number of improvements about to be voted on. listic and cruise missile technology. made in the bill in the Chamber, most Mr. President, parliamentary in- notably the Missile Defense Act, which quiry. Has the time arrived now for the Even former Secretary of State Kis- I anticipate will be approved in a few vote? singer—one of the principal architects minutes on a rollcall vote. AMENDMENT NO. 2425 of the ABM Treaty—recently told me There are a number of other chal- that he too feels that strategic stabil- The PRESIDING OFFICER. Under lenges we have in conference if this bill ity in the post-Cold war world has the previous order, the hour of 9:30 has is going to become law, and I will moved beyond the current scope of the arrived and the question now is on the speak to that at passage of the author- ABM Treaty. I use the word ‘‘current’’ Nunn amendment. ization bill because I think it is enor- Mr. THURMOND. Mr. President, the because the ABM Treaty itself contains mously important that we work to- distinguished Senator from Oklahoma provisions for modification or legal ab- gether in a cooperative way with the desires about 2 minutes. I suggest he be rogation. administration to make every effort to given 2 minutes. Mr. President, the national security see that this bill will be one the Presi- The PRESIDING OFFICER. Is there interests of the United States should dent will be willing to sign. objection? The Chair hears none, and be our number one priority, and for There are a number of items that are the Senator from Oklahoma is recog- that reason I have directed the Com- in the bill now which will not meet nized. mittee on Foreign Relations, in con- that definition according to what I Mr. INHOFE. I thank the Senator sultation with the Committee on have been reliably informed. from South Carolina. Armed Services and other appropriate So I will be working with my col- During the course of this recess, I committees, to undertake a com- leagues to both identify the adminis- averaged about seven events a day prehensive review of the continuing tration objections and to see if those throughout the State of Oklahoma, and value of the ABM Treaty for the pur- can be worked on as we go forward. during that time I did not let an oppor- pose of providing additional policy I also think the committee chairman tunity go by without letting the people guidance during the second session of and all those who worked in good faith of Oklahoma know how serious the the 104th Congress. in the Chamber have a real stake in threat of missile attack will be to the In this regard, I reiterate my opposi- trying to make sure we get a bill that United States within just a very few tion to the creation of yet another spe- can become law this year, and I know years, probably as early as the year cial Select Committee replete with bu- we will work together in that regard. 2000. reaucratic trappings, staff, and cost to Mr. WARNER. Mr. President, I say to I also let them know that we do not the American taxpayer for the purpose my distinguished colleague, I know have a national missile defense system, of reviewing this treaty. We already there are Senators on this side of the and probably the most significant have standing committees with the re- aisle, particularly Senators KYL and thing we will do is to keep this system sponsibility for making these deter- SMITH, who likewise feel very strongly going so that when we have a friendlier S 12668 CONGRESSIONAL RECORD — SENATE September 6, 1995 environment in the White House we Moseley-Braun Pell Smith Mr. President, I fundamentally dis- can have this system ready to be de- Moynihan Simon Wellstone agree with the need to add $7.1 billion ployed by the year 2000 or 2001. NOT VOTING—2 to the President’s defense request. The We know the threat that exists from Akaka Murkowski weapons research and production fund- North Korea right now. We know the So the amendment (No. 2425) was ed with that money are only going to threats that were articulated by Jim agreed to. make our out-year defense budget Woolsey, the chief security adviser to Mr. THURMOND. Mr. President, I problems worse. The committee has ad- the President, when he said that we move to reconsider the vote by which mitted that it has designed a defense know of between 20 and 25 nations that the amendment was agreed to. bill that will require many billions of are working on weapons of mass de- Mr. NUNN. I move to lay that motion dollars in additional defense spending struction and the missile means of de- on the table. in future years beyond the budget reso- livering those weapons. The motion to lay on the table was lution levels. Since I didn’t support the I know the negotiators worked very agreed to. first $33 billion added by the budget hard, and I commend the work product. Mr. BINGAMAN. Mr. President, I am resolution, I can’t support a bill that However, I am a little disappointed it going to vote against this bill as I did assumes even more spending in future did not come out stronger. I intend to in the Armed Services Committee. We years. I regret that the Kohl-Grassley support the missile defense portion of have had a good debate on the Senate effort to enforce budget discipline this bill, but I think when we used the floor on the bill and I went into this failed. words that we want to deploy a na- debate hopeful that we would fix many I regret that my efforts to cut spend- tional missile defense system and they of the problems I saw in the bill as re- ing for unneeded antiarmor munitions changed it to ‘‘develop for deploy- ported. and for an amphibious assault ship we ment,’’ that is too weak. I think that We have fixed some of those prob- don’t need to buy before 2001, if then, when we are calling for highly effective lems. For example, the Department of were defeated in votes on the compan- missile defenses that we now have Energy provisions have been almost ion Defense appropriations bill. These changed to ‘‘affordable,’’ I suggest to completely rewritten and all the provi- are the tip of the iceberg of unneeded you, Mr. President, there is nothing sions I objected to during committee Member-interest spending in this bill that is more significant going on right deliberations have been corrected, with and the companion appropriations bill. now than preparing for a national mis- the exception of the hydronuclear test- Mr. President, this bill is better than sile defense system. ing provision which Senators EXON and the House bill in most respects. The The PRESIDING OFFICER. The Sen- HATFIELD sought to eliminate. House bill has terrible provisions on ator’s 2 minutes have expired. Elsewhere, unfortunately, the im- discharging members who are HIV posi- provements have been modest. The The question is on agreeing to the tive and on denying female service Missile Defense Act of 1995 has not Nunn amendment No. 2425. The yeas members and female dependents of been changed enough for me to be able and nays have been ordered. The clerk service members the right to get an to support it. I commend Senator NUNN will call the roll. abortion in overseas military medical and Senator LEVIN for their efforts to The assistant legislative clerk called facilities with their own money. The defuse the worst features of the re- the roll. House bill funds additional B–2 bomb- ported bill’s missile defense provisions. ers with their multitens of billions of Mr. LOTT. I announce that the Sen- I voted for their language as a sub- dollars out-year funding requirement. ator from Alaska [Mr. MURKOWSKI] is stitute for the reported bill. But I be- The House bill has a fundamentally necessarily absent. lieve that these provisions will still misguided provision that attempts to Mr. FORD. I announce that the Sen- contribute to the unraveling of critical lock in the Bottom-Up Review force ator from Hawaii [Mr. AKAKA] is absent arms control agreements that would structure of 1.445 million active duty because of attending a funeral. enhance our security far more than ac- service members in permanent law. The PRESIDING OFFICER. Are there celerating the development and deploy- The House bill’s combination of force any other Senators in the Chamber ment of a limited national missile de- structure and weapons systems provi- who desire to vote? fense system. sions would require rapid real growth The result was announced—yeas 85, Our current policy on missile de- in defense spending in future years, nays 13, as follows: fense, the Missile Defense Act of 1991 as even more rapid than the Senate bill’s. [Rollcall Vote No. 398 Leg.] amended, makes it a goal of the United This is simply not in the cards. YEAS—85 States to comply with the ABM Treaty Mr. President, we go to conference Abraham Feinstein Lott while developing, and maintaining the with two bad bills, each deserving a Ashcroft Ford Lugar option to deploy, a limited national veto in my view. It’s possible that we Baucus Frist Mack missile defense. That is as far as we will strip the worst of both bills in con- Bennett Glenn McCain should go. We simply do not need to be Biden Gorton McConnell ference and end up with a product ac- Bingaman Graham Mikulski making a several-hundred-million-dol- ceptable to the President. But far more Bond Gramm Murray lar downpayment this year for a likely is a result that the President Breaux Grams Nickles Brown Grassley multitens of billion dollar national would have to veto. Nunn Bryan Gregg missile defense system. This is the first time in my 13 years Packwood Bumpers Hatch The bill has many other provisions in the Senate that I have voted against Pressler Burns Hatfield which I oppose. Section 1082 prohibits a Defense authorization bill. I do not Byrd Heflin Pryor Campbell Helms Reid retirement of strategic weapons deliv- do it lightly. I regret that I feel com- Chafee Hollings Robb ery systems that the nuclear posture pelled to do this. Coats Hutchison Rockefeller review says we don’t need. We cannot I urge my colleagues who believe this Cochran Inhofe Roth afford to keep every nuclear weapon bill spends too much money on Cohen Inouye Santorum Conrad Jeffords Sarbanes delivery system, even those the Penta- unneeded and wasteful defense projects Coverdell Johnston Shelby gon says we don’t need, as bargaining or who oppose its cold war revival pro- Craig Kassebaum Simpson chips for future arms control negotia- visions to join me in voting against D’Amato Kempthorne Snowe tions. We should not be sending the sig- this bill. Daschle Kennedy Specter DeWine Kerrey Stevens nal that we expect the START II and STRATCOM Dodd Kerry Thomas START I treaties to unravel and there- Mr. THURMOND. Mr. President, I Dole Kohl Thompson fore intend to maintain the maximum wish to bring to my colleagues’ atten- Domenici Kyl Thurmond Exon Levin nuclear capability possible within the tion an important initiative by Warner Faircloth Lieberman START counting rules. If we end up USSTRATCOM to provide the regional NAYS—13 with the nuclear posture review force CINC’s with mission-planning analysis structure, we will be quite adequately for counterproliferation of weapons of Boxer Feingold Leahy Bradley Harkin defended and will hardly have to sue mass destruction. STRATCOM’S mis- Dorgan Lautenberg for surrender if the cold war is revived. sion-planning analysis is of proven September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12669 value to regional commanders charged gress, the Department of Defense con- increase the number of high-paid un- with responding to proliferation ducted a thorough analysis of require- derground mining jobs by approxi- threats. ments and reported their findings. mately 400. In Montana, these jobs are In situations that could require put- Mr. BURNS. And I understand that if extremely important to our economic ting American forces in harm’s way, it the disposal of those materials is au- health. is vital that all factors—the risks, ben- thorized by the Congress, the actual Mr. BURNS. We are deeply concerned efits, and consequences of contingency sales of the materials would be pre- that there not be some activity with plans—are thoroughly understood in ceded by a recommendation by the respect to the disposition of palladium advance. Once a crisis breaks out, it is Federal Market Impact Committee re- and platinum in the stockpile which too late to undertake the studies re- garding the adverse domestic and for- would undermine the basic economics quired to assess the potential threats. eign economic impacts on the private of the Stillwater Mine and its proposed STRATCOM’s unique planning analy- sector as a result of the proposed expansion. The question to the man- sis method gives commanders advance stockpile sales. Is that correct. ager of the bill is whether the con- warning of danger by helping to iden- Mr. THURMOND. No disposal from ferees, on behalf of the Senate, will tify and characterize current and the stockpile may occur until the Mar- support an amendment from the Mon- emerging proliferation threats in the ket Impact Committee has analyzed tana delegation which will assure that region. In cases when proliferation ac- the DOD plan for annual disposals. disruption in the price of palladium tivities challenge U.S. interests and Congress must then concur with the and platinum not occur. military operations, this unmatched annual materials plan before DOD can Mr. THURMOND. I would emphasize mission-planning analysis capability dispose of any materials. We maintain that this legislation would not permit allows defense planners to identify a very tight control over these disposal DOD to dispose of a single ounce of variety of potential military targets; and the procedures have worked very these materials. Any disposal requires assess the effectiveness, consequences, well. approval by Congress of an annual ma- and costs of military operations; and Mr. BAUCUS. Our concern is with the terials plan and I suggest to my col- develop alternative contingency plans proposed sale of palladium and plati- leagues that the AMP is the mecha- that maximize mission effectiveness, num in the stockpile. The national de- nism we have established in law to pro- while minimizing the risk, cost, and fense stockpile of palladium represents tect domestic industry from disrup- collateral effects. the equivalent of 20 percent of the an- tion. The provision in this bill enables Moreover, in the case of countries nual demand for this metal, and the DOD to develop a plan for potential with embryonic weapons activities, national defense stockpile of platinum disposals in a manner which will not STRATCOM’s mission-planning analy- represents 5 percent of the national de- disrupt the market or disadvantage do- sis can provide the early and detailed mand. The price of both of these metals mestic producers. This procedure has alert that will allow policy makers to is quite volatile. There is already some worked very well in the past and any fashion effective export controls and indication that just the recommenda- disruption has been minimized. Mr. BIDEN. Mr. President, I rise in other preventative measures to block tion for sale has had a depressive im- opposition to the National Defense Au- weapons programs before they become pact on the market price. Did the com- thorization Act for fiscal year 1996. In a threat to the United States or other mittee, when it included palladium and the course of debate on this legislation nations. platinum among the materials to be many improvements have been made to Mr. MCCAIN. I agree with Chairman disposed, examine the implications of what was a dangerous piece of legisla- THURMOND’S assessment of disposition of palladium and platinum? tion. USSTRATCOM’S mission-planning Mr. THURMOND. Any disposals of To mention two of these positive those materials could only occur in analysis activities and the importance changes: The provisions on the Energy small amounts over a very long period of this program in supporting the broad Department relating to our nuclear of time, according to market and im- spectrum of U.S. nonproliferation and weapons activities have been greatly pact conditions. Although no sub- counterproliferation goals. Unfortu- improved and the National Missile De- committee hearing was conducted this nately, during our markup of the fiscal fense Act of 1995 has been significantly year to review stockpile operations, we year 1996 Defense authorization bill, we altered. were unaware that the program is not have been working closely with DOD Unfortunately, these changes have adequately funded in the budget re- on this matter and the final DOD re- not gone far enough to correct what I quest for STRATCOM. port has been reviewed. believe is still a flawed piece of legisla- Without funding, analysis that com- Mr. BURNS. Historically, the Na- tion. manders find essential for mission tional Defense Stockpile was created I will oppose this legislation pri- planning will at best be performed on to provide a supply of strategic mate- marily for two reasons. First, the Mis- an ad hoc basis or, worse, not at all. rials not available from domestic pro- sile Defense Act of 1995, though much This issue is too vital and the risks of duction or not available in sufficient improved over the original committee proliferation are to great to be ignored quantities from domestic production to version, risks undermining the START by the Senate. meet critical military needs. Since the treaties. Second, the bill provides for I hope the conferees will see fit to in- palladium and platinum that is in the an increase of $7.1 billion in spending clude the required funding for this pro- stockpile was acquired, the Stillwater on programs that the Pentagon does gram. Mine in Montana has begun production want nor need. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS and, in fact, is the only mine in the At this juncture, I want to make CONTAINED IN THE NATIONAL DEFENSE STOCK- world which is a primary palladium clear that I support a robust national PILE producer, platinum representing a sec- defense. I do not think, though, that Mr. BAUCUS. I would like to raise an ondary metal from that mine. Vir- spending money on weapons systems issue with the manager regarding sec- tually all other palladium and plati- that the military itself does not want tion 3402 of the bill. This section ap- num comes from South Africa and Rus- and pursuing a national missile defense pears on page 587 and is entitled ‘‘Dis- sia. which could lead to a new arms race, as posal of Obsolete and Excess Materials Mr. BAUCUS. The problem from this bill does, is a good way to promote Contained in the National Defense Montana’s perspective is that the Still- our national security. Stockpile.’’ I understand that the pur- water Mine has only recently begun to Senators NUNN, LEVIN, COHEN, and pose of this provision is to eliminate recover its costs of production as the WARNER worked hard to develop a com- the strategic materials in the national price of palladium has stabilized at a promise which altered some of the defense stockpile with three excep- level sufficient to justify operation of more egregious provisions of the com- tions. Is that correct? the mine. Because of the improvements mittee-reported version of the Missile Mr. THURMOND. The provision rec- in price, Stillwater Mining Co. has an- Defense Act of 1995. I commend them ognizes that the stockpile contains ma- nounced an intention to double its pro- for their efforts, and I supported their terials which are excess to national se- duction of palladium beginning in mid- amendment as a way to improve the curity needs. At the direction of Con- 1997. The doubling of production will original bill language. S 12670 CONGRESSIONAL RECORD — SENATE September 6, 1995 The amendment does move us away possibility of a ballistic missile attack Ensure a high quality and sufficient end- from the original bill’s commitment to from outlaw states or groups. strength of personnel at all grade levels deploy a national missile defense sys- The second primary concern I have through effective recruiting and retention with this legislation is that it calls for policies. tem by 2003. Furthermore, the scope of Buy the weapons and equipment needed to the Strategic Missile Defense Program wasteful spending. I want to repeat fight and win decisively with minimal risk has been strictly limited to defending that I stand for a strong national de- to personnel. against unauthorized, accidental, and fense. Unfortunately, the additional Eliminate defense spending that does not limited launches as opposed to a more $7.1 billion in spending above the ad- contribute directly to the national security ambitious defense against all types of ministration’s request called for in this of the United States. legislation does nothing to improve our Ensure an adequate, safe, and reliable nu- ballistic missiles. The Congress is now clear weapons capability. guaranteed a decisive role in the deci- national security. Reevaluate peacekeeping roles, policies sion to deploy any missile defenses. Fi- Not one penny of the increase is and operations and their impact on budgets, nally, provisions which would have tied going into the operations and mainte- readiness and national security. the President’s hands in negotiating nance account, also known as the read- Protect the quality of life of our military iness account. The reason for that is personnel and their families: ABM Treaty amendments have been re- Provide equitable pay and benefits for moved. that there is not a readiness problem under the Clinton defense budgets as military personnel to protect against infla- Despite these significant changes, tion. some would like us to believe. many problems remain with the Mis- Restore appropriate levels of funding for Some of the $7.1 billion increase in sile Defense Act of 1995. In particular, construction and maintenance of troop bil- spending, such as that for national there is a real threat that the Russian lets and family housing. missile defense, could lead to expendi- Revitalize the readiness of our Armed Duma will not understand the legisla- tures of tens of billions of dollars in fu- Forces: tive finessing we have engaged in to ture years if plans are fully carried Restore near-term readiness by providing adequate funding to: reduce the backlog in avoid a head-on collision with the ABM out. This is an indirect way of forcing Treaty. The distinction between devel- maintenance and repair of equipment; pro- enormous increases in future defense vide adequate training; and maintain stocks oping for deployment a national mis- budgets which are not included in cur- sile defense system versus deploying of supplies, repair parts, fuels, and ammuni- rent budget plans. tion. such a system are subtle at best. They At a time when many valuable pro- Ensure U.S. military superiority by fund- may also be concerned about policy grams are being subjected to unprece- ing a more robust, progressive modernization statements referring to the possibility dented cuts, I find it difficult to sup- program to provide required capabilities for of withdrawal from the AMB Treaty port large increases in programs in the the future. should negotiations not succeed. Accelerate development and deployment of Defense bill which were not requested missile defense systems: The danger is that these measures on by the military and will do nothing to Deploy as soon as possible advanced land our part will be viewed as violations of enhance our national security. and sea based theater missile defenses. the ABM Treaty by the Russians. If the For these reasons, Mr. President, I Clarify in law that the Anti-Ballistic Mis- Russians believe that we are develop- must oppose the Defense Authorization sile Treaty does not apply to modern theater ing an effective national missile de- Act for fiscal year 1996. missile defense systems. Mr. SMITH. Mr. President, I rise in Reassess value and validity of the Anti- fense system in violation of the ABM Ballistic Missile Treaty to the national secu- Treaty, then they are likely to lose strong support of the fiscal year 1996 rity of the United States. confidence in their offensive strategic Defense authorization bill, as reported Accelerate development, testing and de- arsenal, which has been shrinking by the Armed Services Committee. ployment of a national missile defense sys- thanks to arms control agreements This is an excellent bill, and I want to tem highly effective against limited attacks like START I. specifically commend the distinguished of ballistic missiles. To overcome that lack of confidence, chairman of the committee, Senator Mr. SMITH. The bill before us deliv- they will seek to develop the means to THURMOND, for his able leadership and ers on each of the priorities that were counter our missile defense system. tireless efforts on behalf of the men developed by Senator THURMOND and The cheapest way to do so is to over- and women of our Armed Forces. I also members of the committee. In fact, whelm missile defenses. In order to re- want to thank Senator NUNN, the dis- every element of the list is embodied in tain the ability to do that they will tinguished ranking member, for his direct actions taken by the committee. stop implementing START I and refuse hard work and dedication. We made a commitment, and we deliv- to ratify START II. Mr. President, when the 104th Con- ered on that commitment. gress convened in January, Senator The committee bill authorizes ap- The progress in arms control which proximately $264.7 billion in budget au- accompanied the signing of the ABM THURMOND initiated a comprehensive review of our national defense require- thority for the National Defense Pro- Treaty over two decades ago will have gram. Although this represents an in- been thrown by the wayside, and iron- ments in view of the administration’s future years defense plan. The review crease of $7 billion from the adminis- ically we will have the kind of arms tration’s grossly underfunded request, race in the post-cold-war world which highlighted some serious deficiencies in military readiness, modernization, it still falls short of fully meeting our we were able to avoid in the heyday of military requirements. The situation the cold war. quality of life, and investment, and served as a basis for establishing a list in the outyears is considerably worse. Instead of focusing on a threat from of top priorities for the Armed Services Both the Clinton plan and the re- ballistic missiles reaching our shores— Committee in this year’s defense pro- cently passed budget resolution fail to a threat which we may never face—we gram. For the benefit of my colleagues, fund defense at a level that even keeps should be concentrating our efforts on I ask unanimous consent that this list pace with inflation. We are on track for those areas where a realistic threat of priorities be inserted in the RECORD. a major train wreck between defense does exist. That threat primarily There being no objection, the list was requirements and resources. If we are comes in the form of a rogue state or ordered to be printed in the RECORD, as to maintain any semblance of a stable terrorist group gaining access to wide- follows: defense program we will need to main- ly scattered fissile material in the ARMED SERVICES COMMITTEE PRIORITIES tain the spending outlined in this bill, former Soviet Union, fashioning a Guarantee our national security and the and revisit future years funding levels crude nuclear explosive device, and status of the United States as the pre- next year. smuggling it into the United States by eminent military power: Mr. President, there are a number of conventional means such as a boat. Maintain FY 96 defense budget at FY 95 very important initiatives contained in Our focus should be on securing the levels in real terms. this bill, which I would like to briefly many tons of nuclear material in the Determine outyear defense budgets based summarize for my colleagues. The on national security requirements. former Soviet Union, and on tracking Reprioritize the President’s budgets to en- committee bill: dangerous terrorist groups who may be sure appropriate balance of personnel, near- Provides a 2.4-percent pay raise for potential customers for that material, term readiness and long-term readiness military members and a 5.2-percent in- not on defending against the remote (modernization). crease in basic allowance for quarters. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12671 Equalizes dates for military and civil poor coordination and synergy among Nation’s security. This is a terrible service retiree COLA’s for 1996 through the Department’s programs. mistake, and I will not support it. 1998. The bill would direct the Secretary of The truth is, that contrary to the as- Authorizes $1.3 billion to purchase Defense to better coordinate the Penta- sertions of our friends who oppose mis- the LHD–7 amphibious assault ship. gon’s cruise and ballistic missile de- sile defense, nothing in the committee Fully funds the F–22 fighter program. fense programs, prepare a plan for bill, absolutely nothing, would violate Initiates a long overdue upgrade of prompt deployment of these systems, the ABM Treaty. It merely begins prep- our airborne electronic warfare pro- and provide a substantial increase in arations for the eventual deployment grams. funding. of a system to defend all Americans Funds critical antisubmarine warfare In addition, Mr. President, the bill against the threat of ballistic missiles. and countermine programs. advocates a cooperative transition to a The authors of the treaty expected Provides $110 million to purchase the post-cold-war regime that is responsive evolutionary changes and incorporated second of three ships under the Marine to the global threat environment. The provisions that would encourage coop- Corps Maritime Preposition Ship En- committee heard testimony from many erative modifications or, if necessary, hancement Program. different witnesses this year urging the withdrawal from the treaty after a 6- Provides $35 million to begin retro- United States to move away from the month notice. The Armed Services fitting aging Patriot missiles with an cold war doctrine of mutual assured de- Committee bill does not prejudge the advanced seeker to defend against struction toward a more flexible deter- results of negotiations to amend the modern cruise missiles. rent posture that integrates both offen- treaty, nor does it advocate a unilat- Includes a provision ensuring free sive and defensive weapons. eral withdrawal from the treaty. It and fair competition between Electric In particular, Henry Kissinger, who merely affirms the moral and constitu- Boat and Newport News for the new at- was a key negotiator of the ABM Trea- tional requirement to defend all Amer- tack submarine program. ty and a proponent of mutual assured icans, and initiates a comprehensive And perhaps most important, in- destruction, indicated to the commit- program to counter threats to our se- cludes the Missile Defense Act of 1995, tee that this doctrine has been sur- curity. a historic and long overdue refocusing passed by events, and is no longer rel- Mr. President, that is the fundamen- of our Ballistic Missile Defense Pro- evant or constructive in the post-cold- tal issue at stake here. The American gram. war world. The committee took this people are totally vulnerable to ballis- Mr. President, the Missile Defense testimony very seriously, and has rec- tic missile attack. They have no de- Act establishes a comprehensive pro- ommended that we work with our Rus- fenses. And the Clinton administration gram to counter the threats posed to sian counterparts to move coopera- intends to keep it that way. The ques- our Nation by ballistic missiles and tively away from the confrontational tion for Senators today is whether you cruise missiles. The program has three policy of mutual assured destruction believe that all Americans deserve to key elements that I want to bring to toward a more multipolar oriented de- be defended, or you support the Clinton the attention of my colleagues. policy which says no Americans should First and foremost, the legislation terrent posture. be defended. You can’t have it both accelerates the development and de- The committee bill also recommends ways. ployment of national missile defenses the establishment of a select commit- But, sadly, that is what my col- to protect all Americans against the tee to conduct a 1-year review on the leagues are trying to do with this so- threat of ballistic missiles. The Clinton continuing value and validity of the called bipartisan compromise. In an ef- administration has effectively killed ABM Treaty. The select committee fort to prevent the President from the National Missile Defense Program, would conduct hearings and interviews, vetoing the defense bill, they have leaving the American people totally review all relevant documents, and agreed to water down the missile de- vulnerable to ballistic missile attack. carefully consider the full range of pol- fense provisions, to soften the findings, The committee bill rejects the ad- icy issues surrounding the treaty. to hedge on deployment dates, and to ministration’s misguided approach, and To support this initiative, the com- completely undermine the principles establishes a specific program and mittee bill would require that the ABM that were embodied in the committee schedule to deploy a multiple site, Treaty negotiating record be declas- bill. ground based national missile defense sified. This action would be consistent by the year 2003. with the classification policy that was Mr. President, I appreciate the ef- Second, the committee bill would established by Executive order on April forts of my colleagues to try and find codify the demarcation proposal that 17 of this year by the Clinton adminis- common ground, and to seek com- the Clinton administration offered in tration. promise in order to build consensus. Geneva some 18 months ago. It estab- Mr. President, these initiatives on But national security is not something lishes a demonstrated standard for ballistic missile defense are respon- to be compromised, and I refuse to as- evaluating compliance with the ABM sible, measured, and necessary to pro- sociate myself with a policy which per- Treaty. tect the national security of the United petuates the vulnerability of our citi- The bill specifies that theater missile States. The American people over- zens. I will oppose the so-called biparti- defense systems would not be subject whelmingly support the deployment of san compromise on missile defense, and to the terms of the ABM Treaty unless national missile defenses and highly ef- any other amendment which under- they are flight tested against a ballis- fective theater missile defenses. mines the excellent work of the Armed tic missile with a range greater than Unfortunately, the Senate now ap- Services Committee. 3,500 kilometers or a velocity in excess pears poised to completely rewrite the I yield the floor. of 5 kilometers per second. This is a Missile Defense Act. Although the Sen- ACQUISITION AND TECHNOLOGY reasonable and appropriate standard ate has voted twice to preserve key as- Mr. SMITH. Mr. President, as chair- that was suggested by the administra- pects of the legislation, a so-called man of the Acquisition and Technology tion, and we have included it in this compromise has been developed which Subcommittee, I have been charged bill. totally changes the focus and content with overseeing of the technology base Third, the committee bill establishes of the bill. As one who has dedicated a programs in the defense budget request a cruise missile defense initiative to great deal of time and effort on this for fiscal year 1996. The technology counter the threat posed by existing issue, I am deeply disappointed with base budget includes funding for the and emerging air breathing threats. this sudden change of course. The basic research, exploratory develop- The intelligence community estimates Armed Services Committee bill was the ment, and advanced development ac- that at least 12 countries have land-at- right answer to a very complex and ur- counts, the so-called 6.1, 6.2, and 6.3 ac- tack cruise missiles under develop- gent problem, and I am troubled that counts of the budget. ment. Although the Defense Depart- for nothing more than convenience In addition the subcommittee also ment has a variety of programs under- sake, it appears this body is prepared has responsibility for the so-called way to address these threats, there is to compromise its principles and our RDT&E infrastructure accounts. These S 12672 CONGRESSIONAL RECORD — SENATE September 6, 1995 accounts fund the maintenance of lab- this program and other so-called dual- Commerce in this process. The hearing oratories, R&D centers, and test and use technology programs in the De- uncovered some significant problems of evaluation facilities. The portion of partment of Defense budget request. As coordination and cooperation among the accounts allocated to the Acquisi- a percentage of the budget, these pro- the agencies that have directly under- tion and Technology Subcommittee in grams have been growing since 1990. mined our national security. I intend fiscal year 1996 budget request amount- The dual-use designation refers to the to continue pursuing these issues in ed to a total of $9.5 billion. fact that such programs involve tech- further hearings. As the incoming subcommittee chair- nologies that have application in both Mr. President, the proliferation of man, I faced a number of challenges. the commercial as well as the defense weapons of mass destruction is an ever The budget request for fiscal year 1996 sectors of the economy. Dual-use tech- growing threat to our national secu- was already reduced from the amounts nologies will be used to an increasing rity. Because of this increased threat, I appropriated for these accounts in fis- extent in weapon systems as the elec- have made counterproliferation pro- cal year 1995. Unlike other portions of tronics content of such systems contin- grams and policies a major area of new the budget, the technology base pro- ues to rise. emphasis for the Subcommittee on Ac- grams are spread out among 250 sepa- In the electronics industries, for ex- quisition and Technology. On April 14, rate program elements complicating a ample, the commercial marketplace, the subcommittee held a hearing to re- systematic review of the programs. Fi- not defense requirements, is driving view the funding request for fiscal year nally, it was clear that we needed to the pace of technology development. 1996 for counterproliferation programs. undertake a thorough review of each of Because the Department of Defense The hearing revealed that additional these programs in order to ensure that represents a shrinking share of the funding would be necessary to acceler- defense relevance be the most impor- electronics market, DOD leverage over ate development and deployment of tant test for their continued funding. I the market is decreasing. military counterproliferation tech- was determined to understand the de- For that reason, the paradigm for fu- nologies. The bill before us addresses tails of the programs under my pur- ture interaction between the Depart- many significant deficiencies in our view. ment of Defense and the electronics in- counterproliferation program. To aid in its review of these pro- dustries is a dual-use partnership ap- Upon completion of the hearing proc- grams, the subcommittee conducted six proach in which both DOD and the in- ess in May, I began a comprehensive hearings on program categories as well dustry provide funding for the develop- analysis of the funding requests for the as on relevant policy areas. We began ment of technology. Such partnerships 250 program elements in the Acquisi- with an overview hearing on the tech- can help to make our acquisition proc- tion and Technology Subcommittee. As nology programs in the Subcommit- ess more efficient as we inject commer- I announced at the first hearing in tee’s jurisdiction on March 14. This cial technologies into defense weapons March, my litmus test for funding a hearing yielded important insights into systems. program was simple: if there is a de- the relationship of the programs under I want to make clear, however, that fense investment, there must be a de- the purview of the Office of the Sec- there are dangers in placing too much fense return. We put everything on the retary of Defense and those managed emphasis on this approach. If programs table. I carried out this review inde- by the services. are not managed carefully, we may end pendent of political bias, and without Over the past several years, there has up doing dual-use for dual-use sake any prejudice toward systems or tech- been a distinct trend in technology with only a limited emphasis on mili- nologies. funding shifting from service programs tary utility. Military utility must be Because high priority requirements to programs managed by OSD. This the driving factor, and a time of lim- in readiness, modernization, and qual- trend may have serious consequences if ited funding, we have to ensure that we ity of life were severely underfunded in we are robbing Peter to pay Paul and are not raiding critical technology base the President’s defense budget request, are thereby reducing service influence programs under the guise of dual-use Chairman THURMOND directed me to re- on the investment of our defense tech- development. We also need to ensure duce accounts under the jurisdiction of nology dollars. that Congress maintains the proper the Acquisition and Technology Sub- The importance of technology to the level of visibility and oversight in committee in areas of nondefense ini- military in the face of the emerging dual-use programs. tiatives or lower priority activities. I revolution in military affairs was one At the May 17 hearing on dual-use agreed with that direction and accept- of the subjects discussed at length dur- programs, we explored these issues in ed the guidance to reduce the programs ing a subcommittee hearing on May 5. depth with the Under Secretary of De- $330 million below the President’s re- At that hearing, Admiral Owens, Vice fense for Acquisition and Technology, quest. Chairman of the Joint Chiefs of Staff Paul Kaminski, and representatives of However, in the midst of our review, and Mr. Andrew Marshall of the DOD the defense industry and the General the subcommittee received requests Office of Net Assessment presented a Accounting Office. What emerged from from Senators for additions to the bill preliminary sketch of the future bat- the testimony was the potential payoff totaling nearly $620 million. As we tlefield and the key role that tech- of some existing dual-use programs, clearly could not accommodate even a nology, especially information tech- such as those underway in the tech- majority of these requests, I attempted nology, will play in bringing victory or nology reinvestment project, but also to apply the same litmus test to these defeat. the need for improvements in manage- requests as I applied to the programs in The hearing underscored the need to ment and oversight of these programs. the administration request: direct de- maintain sufficient levels of defense An area that is directly related to fense relevance. technology investment to ensure that our investments in technology is the In preparing the subcommittee rec- we are able to exploit the potential of issue of export control. Unless we have ommendation on the President’s re- future battlefield. Technology issues in place an effective process for review- quest, we endeavored to protect the are only one aspect of the revolution in ing licenses for the export of sensitive core, defense relevant technology pro- military affairs, and I am hopeful that technologies, especially those that are grams above everything else. We gave the full committee will hold at least dual-use in nature, we will end up hav- programs with defined technology de- one hearing over the next year to ex- ing to spend scarce R&D dollars to velopment a higher priority than those amine the implication of this revolu- counter technologies that we already that lacked it. The largest source of re- tion for areas like organization and have paid to develop. I am particularly ductions was the technology reinvest- training that extend beyond the scope concerned about the licensing for ex- ment project, which we cut by $262 mil- of any one subcommittee. port of technologies for satellites and lion. This funding would all have sup- The technology reinvestment project satellite-related services. ported a new competition in fiscal year has become one of the more controver- On May 31, I chaired a hearing re- 1996 for which technology thrust areas sial programs under the subcommit- viewing current export license review have yet to even be defined. tee’s jurisdiction. On May 17, the sub- procedures and the relationship among Mr. President, as the committee re- committee held a hearing to review the Departments of Defense, State, and port on page 111 indicates, despite our September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12673 continued support of dual-use tech- I want to thank members of the staff 18’s, $361 million for F–15’s, $175 million nology development programs, a new for all their work in helping out the for F–16’s, $1.4 billion for DDG–51, $1.3 competition for unspecified tech- members of the Subcommittee on Ac- billion for LHD–7, and close to $800 mil- nologies in 1996 must have a lower pri- quisition and Technology. Monica Cha- lion for Guard and Reserve equipment. ority from a defense standpoint than vez, Jon Etherton, Tom Moore, Tom In addition, the two bills add $600 funding well-defined technology pro- Lankford, and Pamela Farrell provided million above the President’s budget grams in the budget request for the essential support for our review. On the request for ballistic missile defense, services. We changed the name of the minority side, Ed McGaffigan, John $300 million of which is for national program to the Defense Dual-use Tech- Douglass, and Andy Effron were ex- missile defense, bringing total funding nology Initiative and have also tremely cooperative with our staff and for ballistic missile defense to $3 bil- changed the statutory basis for the members in working through these is- lion. This level of funding exceeds our program to clarify the need for close sues. national requirements and undermines connection between research and a I especially want to express my ap- our commitment to the ABM Treaty, military mission requirement. preciation for the support and counsel an agreement critical to our national Another source of funding reductions I received from the ranking member of security needs. was an undistributed cut of $90 million the subcommittee, Senator JEFF With respect to the Department of to the work conducted through the fed- BINGAMAN. I was privileged to serve as Energy’s nuclear weapon production erally funded research and develop- the ranking member under his chair- complex, several significant improve- ment centers known as FFRDC’s. The manship of the subcommittee during ments were made in the bill since it FFRDC issue has been a controversial the last Congress where Senator BINGA- was reported out of committee. How- one in recent years due to the percep- MAN conducted the process with fair- ever, the bill still contains over $120 tion of some that these institutions ness, openness, and always in a spirit million in unrequested, unneccessary lack effective management oversight of bipartisanship. I know there were funds for plutonium pit manufacturing from the Defense Department. While recommendations in this bill that trou- and refabrication capability. The bill the subcommittee is satisfied with the ble the Senator from New Mexico, but also includes $50 million for low yield, efforts of the Under Secretary of De- he has remained supportive and helpful hydronuclear testing purposes, which I fense for Acquisition to review the fu- throughout our process. oppose. ture role of the FFRDC’s, our reduc- In summary, Mr. President, I believe At the same time that these two bills tion was made in a manner consistent that the acquisition and technology add billions for programs the Pentagon with overal reductions in R&D, and in portion of the defense authorization claims it does not need, they leave un- anticipation of some redistribution of bill maintains a strong technology base funded the estimated $1.2 billion in workload betwen the FFRDC’s and the program. The core, defense-relevant costs for our current operations in private sector. programs are funded at or above the re- Bosnia and Iraq, funds which the Pen- tagon undisputedly needs. So, while Another source of significant reduc- quested amounts, and the bill lays a these bills purport to add funds in the tions was in the accounts supporting solid foundation on which we can build name of long term readiness, they cre- the research, development test, and future technology investments for na- ate an immediate threat to our readi- evaluation infrastructure. One of the tional defense. I thank the Chair, and I yield the ness by forcing the Pentagon to siphon most disturbing trends in the tech- floor. off more than a billion dollars in oper- nology budget is the greater and great- Mr. GLENN. Mr. President, I voted ations and maintenance funding to fi- er portion of R&D funding that is against final passage of S. 1087, the De- nance current operations. going, not to programs, but to main- partment of Defense appropriations bill In addition to the funding issues, I taining facilities and test ranges. The and S. 1026, the Defense authorization am very disturbed by the provision in base closure and realignment process bill. I did not cast these votes lightly. the authorization bill related to the has not dealt effectively with the need In fact, this is the first time in my Anti-Ballistic Missile Treaty. I will ad- to consolidate laboratories, research Senate career that I have voted against dress my specific concerns in this area centers and test facilities across the a defense spending measure. I sup- in a separate statement. services. ported the authorization bill in com- HUGE PENTAGON SPENDING INCREASES REFLECT As a result, at a time when the R&D mittee in the interest of bringing the DISTORTED PRIORITIES portion of the budget request has de- bill before the full Senate with the Mr. WELLSTONE. Mr. President, clined by over 10 percent from last hope that the bill’s more problematic this week I am voting against both of year, the RDT&E support programs provisions could be eliminated by the major Department of Defense have declined overall less than 4 per- amendment. spending bills for next year. I am doing cent. In recognition of this trend, we A number of factors contributed to so for a number of reasons, including reduced the infrastructure programs by my decision to vote against final pas- the fact that these bills provide about $85 million. It is my hope that we can sage. $7 billion more in defense spending develop an effective process for consoli- I have always supported a strong de- than the President, the Secretary of dating facilities so that we can devote fense for our Nation. I have supported Defense, and the Chairman of the Joint a greater share of our scarce resources increases in defense spending beyond Chiefs of Staff have requested for next to programs rather than maintenance. what has been requested by Presidents year. That’s right. Congress this year I intend to continue to pursue this when I believed those programs were will approve spending for about $7 bil- issue vigorously next year. the interest of our national security. lion more than the Pentagon has re- In the midst of these reductions, I am But, these spending measures add as quested, or than they have indicated pleased to say that we were able to much as $7 billion in funding for pro- they will be able to responsibly use, fund some critical gaps in the budget. grams that I do not support and do not next year. We added $36 million to create a believe represent a responsible means Coincidentally, perhaps, this is just counterproliferation support program of spending limited taxpayer funds. I about the same amount—in Pell grants to accelerate the development and de- could have supported additional fund- for students, in Head Start, in sub- ployment of technologies for military ing for some of these individual pro- stance abuse prevention, in employ- counterproliferation. Our report details grams, but not the total funding pack- ment and training, in worker protec- the new initiatives in such areas as bi- age, particularly at a time when we are tions, and many other key domestic ological agent detection, cruise missile trying to balance the Federal budget areas—that was recently slashed by the defense, and proliferation of space and are considering substantial cuts in House appropriators for next year. technology. We also shifted $24 million domestic funding to accomplish that. Since my perspective, these are seri- into Army technology base accounts to The bulk of the additional funds are ously skewed priorities. And since polls correct some of the most serious short- spent for procurement programs for continue to show substantial support falls in the Army’s underfunded tech- which the Pentagon made no request: for bringing down the post-cold-war de- nology budget. close to $600 million was added for F/A– fense budget, I do not believe they are S 12674 CONGRESSIONAL RECORD — SENATE September 6, 1995 the priorities of the vast majority of Services or Appropriations Committee during the debate through various Americans. Even worse, the two bills Members’ home States, often accel- amendments. Virtually none of them increase the President’s request for erating purchases not scheduled to be have been resolved. I believe that this star wars spending by hundreds of mil- made for many years, if at all. In fact, bill in its current form spends vastly lions—in one case, about $770 million— the purchase of many of these extrava- more on defense than we can afford, which will spell serious trouble for fu- gantly expensive weapons systems is would threaten longstanding arms con- ture arms control negotiations. actively opposed by the Pentagon, be- trol agreements and nonproliferation Following an unsuccessful bipartisan cause they have identified higher na- efforts, and would not be in our na- effort before the recess in which I tional security priorities for the fund- tional security interests. I hope the joined Senator KOHL, GRASSLEY, and ing that is available. President will follow through on his others to amend the bill to eliminate I also have serious concerns about threatened vetoes of these bills. I urge the overall increase above the Presi- the potentially catastrophic arms con- my colleagues to vote against these dent’s request, I tried to split the dif- trol consequences of this bill. For ex- huge and unwarranted increases in de- ference, offering another amendment ample, I voted against even the so- fense spending, as I will. I yield the to reduce the increase by only about 50 called compromise on the national mis- floor. percent. It too was defeated, as were all sile defense or star wars system be- Mr. DODD. Mr. President, I rise in other efforts to modestly scale back cause I believe that, even though it was opposition to final passage of S. 1026, overall funding in the bill to more re- better than the original bill, the ap- the DOD authorization bill. And as was sponsible levels. proach urged by the compromise the case with the 1996 Defense appro- I also tried, through numerous other amendment would seriously undermine priations bill, I do so with a heavy amendments offered with my col- the 1972 ABM Treaty, and is likely to heart. leagues, to scale back or eliminate jeopardize the nuclear weapons reduc- I would inform my colleagues that spending on a number of unnecessary tions in the START I and II treaties. today marks the first time in my 15 or obsolete weapons systems. Most of While some have argued, I think in years of Senate service that I will vote those efforts were unsuccessful. Given good faith, that this compromise meets against final passage of a Defense au- tight funding constraints, continued basic arms control and nonprolifera- thorization bill. This is a not so much overspending on defense is unwise, it is tion requirements, I disagree. As a a vote of disagreement, but a vote of irresponsible, and it is a policy which practical matter, there is no question conscience. does not serve our real national secu- in my mind that enactment of this bill The 1996 Defense authorization bill rity interests. If we fail to invest in our would lead us toward near-term deploy- contains spending instructions of al- children in order to bolster post-cold- ment of a national missile defense sys- most $7 billion above the Pentagon’s war defense budgets, because we were tem. It is the latest version of the ear- initial request. Let me clarify that too afraid to thoroughly rethink our lier star wars system that was roundly point, neither the President nor the re- real national security needs, and retool rejected by most knowledgeable sci- spective service chiefs have asked for our defense budget accordingly, we will entists, and national security experts, these funds. The programs earmarked regret it for at least a generation. as a waste of money and a fraud. for these increases were never part of I believe that a time when we are Senator WARNER has been very clear the Pentagon’s original budget request. slashing budgets for hundreds of social that he believes this compromise will That fact weighs heavily in my deci- programs that protect the vulnerable, move us along toward rapid deploy- sion today. preserve our lakes and streams, and ment of such a system. Since, regret- I think most of my colleagues know provide for expanded opportunities for tably, I agree with Senator WARNER that I have consistently supported pru- the elderly and the broad middle class, that that is so, while I commend Sen- dent and necessary spending for our na- such as student loans, Medicare, and ator LEVIN and others on our side for tional defense. On more than one occa- job retraining, it is wrong to increase, their efforts to develop the com- sion in my career, I have listened care- substantially, already bloated military promise, I could not support the final fully to the words of various Secretar- spending. agreement. I believe that spending ies of Defense when the Pentagon badly In defense, as elsewhere in the Fed- scores of billions of additional dollars needed support for future weapons pro- eral budget, there are responsible ways to deploy an elaborate national missile grams. And on each of those occasions, to eliminate wasteful and unnecessary defense system that’s not likely to I supported those requests without re- spending; by cutting obsolete cold war work effectively, and thus violating gard for party affiliation or personal weapons systems, imposing money-sav- the ABM Treaty, to defend against a politics. I did so because it was in the ing reforms within the bureaucracy, far-fetched scenario in which a ballis- best interest of our country. and streamlining procurement policy tic missile is fired on the United States However, this is a very different situ- to make the system more efficient and from a rogue terrorist state, is irre- ation. This Defense authorization bill more cost effective. I have proposed a sponsible. The more likely means that contains almost $7 billion in additional number of ways to do this in recent terrorists might use to deliver such a funding for Defense programs not con- months, including scaling back bloated bomb—in a suitcase placed in some tained in the original Pentagon re- Pentagon travel budgets, which the public place, or in a Ryder truck, or in quest—$7 billion is simply too much to General Accounting Office has found a van parked underneath a building—is add to a bill while entire agencies are could provide substantial savings— a far more serious threat. And that is a eliminating programs that are crucial hundreds of millions of dollars per threat we can combat for a lot less to working families across this Nation. year. Over and over, these attempts than $50 to $100 billion. As I stated earlier, Head Start, Goals have either been voted down here on I also believe that the additional 2000, and other critical investment pro- the Senate floor, or the bills to accom- funding provided by the bill for grams for our Nation’s youth are near plish these ends have been bottled up hydronuclear testing in Nevada will extinction, while this bill authorizes in committee. likely have a profoundly negative im- increased Defense spending. I cannot In the end, there is almost no Penta- pact on the test ban negotiations now rationalize that inequity. gon streamlining, no elimination of underway in Geneva. The French nu- As a member of the Senate Budget waste, provided for in this bill. Instead, clear test detonated in the South Pa- Committee, I opposed the increases in when faced with difficult choices be- cific yesterday underscores the ur- the Department of Defense spending al- tween competing weapons systems, gency of bringing to a successful close locations. Likewise, on three separate basic housing improvements for our negotiations on a truly comprehensive occasions during floor debate, I voted troops, and other readiness require- test ban that is enforceable, and that to keep defense spending at the origi- ments, the committee decided simply constrains its signatories from further nal levels requested by the administra- to buy all of the big weapons systems, tests. tion. I did so because it was right, and ships, and planes that they could, There are a host of other serious because to do otherwise would be an larding the bill with special interest problems with this bill, Mr. President, endorsement of the cuts in other vital funds for defense contractors in Armed some of which we have tried to address domestic programs. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12675 Let me conclude by saying I respect [Rollcall Vote No. 399 Leg.] (The text of S. 1126 will appear in a the members of the committee for YEAS—64 future edition of the RECORD.) their diligent and hard work in bring- Abraham Frist McConnell Mr. THURMOND. Mr. President, with ing this important bill to the floor. But Ashcroft Gorton Mikulski respect to H.R. 1530, previously passed this is an issue of priorities. And I ve- Bennett Graham Nickles by the Senate, I ask unanimous con- Bond Gramm Nunn sent that the Senate insist on its hemently disagree with those priorities Breaux Grams Packwood as presented in this bill. Brown Grassley Pressler amendment to the bill and request a I urge my colleagues to reject this Bryan Gregg Reid conference with the House on the dis- Burns Hatch Robb agreeing votes of the two Houses and bill. Campbell Heflin Roth Mr. NUNN addressed the Chair. Chafee Helms the Chair be authorized to appoint con- Santorum Coats Hollings ferees; that the motion to reconsider The PRESIDING OFFICER. The Sen- Shelby Cochran Hutchison ator from Georgia. Simpson the above-mentioned votes be laid upon Cohen Inhofe the table; and that the foregoing occur UNANIMOUS-CONSENT AGREEMENT Coverdell Inouye Smith Snowe without intervening action or debate. Mr. NUNN. Mr. President, I ask Craig Kassebaum D’Amato Kempthorne Specter The PRESIDING OFFICER. Without unanimous consent to modify the pre- DeWine Kerrey Stevens objection, it is so ordered. viously adopted Nunn amendment No. Dole Kyl Thomas Mr. THURMOND. Mr. President, I 2078 by striking out subsection (d) Domenici Lieberman Thompson Faircloth Lott Thurmond ask unanimous consent with respect to thereof. This has been cleared on both Feinstein Lugar Warner S. 1124 through S. 1126, as just passed sides. Ford Mack by the Senate, that if the Senate re- Mr. THURMOND. Mr. President, we NAYS—34 ceives a message with regard to any have no objection. Baucus Feingold McCain one of these bills from the House of The PRESIDING OFFICER. Without Biden Glenn Moseley-Braun Representatives, that the Senate dis- objection, it is so ordered. Bingaman Harkin Moynihan agree with the House on its amend- Are there further amendments? Boxer Hatfield Murray ment or amendments to the Senate- Bradley Jeffords Mr. THURMOND. Mr. President, I Pell passed bill and agree to a conference Bumpers Johnston Pryor ask for third reading of the bill. Byrd Kennedy Rockefeller with the House on the disagreeing The PRESIDING OFFICER. If there Conrad Kerry Sarbanes votes of the two Houses and the Chair Daschle Kohl Simon be no further amendment to be pro- Dodd Lautenberg be authorized to appoint conferees and Wellstone posed, the question is on the engross- Dorgan Leahy the foregoing occur without any inter- ment and third reading of the bill. Exon Levin vening action or debate. The bill was ordered to be engrossed NOT VOTING—2 The PRESIDING OFFICER. Without objection, it is so ordered. Under the for a third reading and was read the Akaka Murkowski third time. previous order, S. 1026 is indefinitely Mr. THURMOND. Mr. President, I So the bill (H.R. 1530), as amended, postponed. urge passage of the bill and ask for the was passed, as follows: Mr. THURMOND. Mr. President, we [The text of H.R. 1530 will appear in a yeas and nays. have completed many long hours of de- future edition of the RECORD.] The PRESIDING OFFICER. If the bate on S. 1062, the National Defense Mr. THURMOND. Mr. President, I Senator will withhold. Authorization Act for fiscal year 1996. move to reconsider the vote by which Under the previous order, H.R. 1530 is I would like to thank the distin- the bill was passed. discharged from the committee, and guished ranking member of the com- Mr. NUNN. I move to lay that motion mittee, Senator NUNN, for his insight, the clerk will report the bill. on the table. The legislative clerk read as follows: wisdom, and devotion to our Nation. The motion to lay on the table was He and I have always worked to A bill (H.R. 1530) to authorize appropria- agreed to. achieve the same objective of providing tions for fiscal year 1996 for military activi- Mr. THURMOND. Mr. President, I our Armed Forces with the direction ties of the Department of Defense, to pre- ask unanimous consent that H.R. 1530, scribe military personnel strengths for fiscal and resources necessary to carry out year 1996, and for other purposes. as amended, be printed as passed. their difficult responsibilities. The PRESIDING OFFICER. Without The PRESIDING OFFICER. All after Mr. President, I want to extend my objection, it is so ordered. deep appreciation to the distinguished the enacting clause of the bill is strick- Mr. THURMOND. Mr. President, I en, and the text of S. 1026 is inserted in majority leader, Senator DOLE, who ask unanimous consent that the Sen- has been most helpful in every way in lieu thereof, and the House bill is con- ate proceed immediately to the consid- sidered read the third time. bringing this bill to passage. He is a eration en bloc of the following bills: great leader of whom the Senate can be The Senator may now request the S. 1124 through S. 1126, Calendar yeas and nays. proud. Order Nos. 167, 168, 169; that all after I would also like to thank all the Mr. THURMOND. Mr. President, I the enacting clause of those bills be Senators from both sides of the com- ask for the yeas and nays. stricken and that the appropriate por- mittee and the entire committee staff, The PRESIDING OFFICER. Is there a tion of H.R. 1530, as amended, be in- and I commend them for their dedica- sufficient second? serted in lieu thereof, according to the tion and support. In particular, I would There is a sufficient second. schedule as follows, which I have sent like to thank personally my staff direc- The yeas and nays were ordered. to the desk; that these bills be ad- tor, Gen. Dick Reynard, for his fine The PRESIDING OFFICER. The vanced to third reading and passed; work, and Gen. Arnold Punaro, the question is on passage of H.R. 1530, as that the motion to reconsider en bloc staff director for the minority. I ask amended. be laid upon the table; and that the unanimous consent that a list of the The clerk will call the roll. above actions occur without interven- committee staff be printed in the The assistant legislative clerk called ing action or debate. RECORD following my remarks. the roll. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mr. LOTT. I announce that the Sen- objection, it is so ordered. objection, it is so ordered. ator from Alaska [Mr. MURKOWSKI] is So the bill (S. 1124) was deemed read (See exhibit No. 1.) necessarily absent. the third time and passed. Mr. THURMOND. We have achieved a Mr. FORD. I announce that the Sen- (The text of S. 1124 will appear in a number of important successes in this ator from Hawaii [Mr. AKAKA] is absent future edition of the RECORD.) bill, and I commend my colleagues for because of attending a funeral. So, the bill (S. 1125) was deemed read their good judgment. Among these are: The PRESIDING OFFICER. Are there the third time and passed. Adding $7 billion to the administra- any other Senators in the Chamber de- (The text of S. 1125 will appear in a tion’s budget request to revitalize the siring to vote? future edition of the RECORD.) procurement, and research and devel- The result was announced—yeas 64, So, the bill (S. 1126) was deemed read opment accounts which are the core of nays 34, as follows: the third time and passed. future readiness; S 12676 CONGRESSIONAL RECORD — SENATE September 6, 1995 Passing the Missile Defense Act more acceptable and compatible with very, I think, commendable effort. I which initiates a policy to deploy a na- America’s security interests. That has thank the Chair. tional missile defense system, and pro- been done on an amendment we passed The PRESIDING OFFICER. The dis- hibits inaccurate interpretation of the this morning. An important program tinguished majority leader. ABM Treaty which would serve to on the junior ROTC that had been cut Mr. DOLE. Mr. President, let me first limit theater missile defense systems; has now been restored. The civil-mili- of all congratulate the managers. This Correcting the erosion in nuclear tary language has been modified and, is a major piece of legislation that is weapons capabilities by reasserting in my opinion, strengthened, and some always very difficult to bring to a con- that the primary responsibility of the of the problems there have been cor- clusion. But it has been done because Department of Energy is to strengthen rected. The humanitarian and disaster of the leadership of the distinguished the strategic stockpile; assistance, which had been cut, has Senator from South Carolina, Senator Directing improvements and modi- been partially restored, which is impor- THURMOND, and the cooperation of the fications in nuclear weapons produc- tant. And there have been very signifi- distinguished Senator from Georgia, tion facilities and supporting impor- cant changes made on the floor in the Senator NUNN. They have worked to- tant initiatives at the nuclear weapons Department of Energy section. gether to bring it together, as have laboratories; We need to ensure that the con- other Senators, particularly Senators Adequately funding current readiness ference maintains the Senate approach WARNER and COHEN on this side, who while reducing funding for nondefense in these areas. We also have other chal- have just resolved a very important programs; lenges in the conference. I think too issue by a vote of 85 to 13. In my view, Significantly improving quality of much has been cut out of defense re- that compromise should have been life programs for our troops and their search, even in our bill. The TRP Pro- passed by that lopsided margin. There families, including funds for housing, gram has been cut in ways that I think is still a conference. They can still facilities, and real property mainte- need to be reexamined in conference, in make other changes. nance; close consultation with Secretary of But I congratulate all the members Approving a 2.4-percent pay raise for Defense Perry, who probably knows of the committee and members of their military members and a 5.2-percent in- more about this program than any per- staffs for what I think is an excellent crease in basic allowance for quarters, son in America and has spent an enor- bill. We just heard the Senator from Georgia address some of the concerns and achieving COLA equity for retir- mous amount of his Secretary of De- that were resolved. The Senator from ees; fense time and energy in making sure South Carolina addressed some of the Providing funding for DOD and DOE that this program is successfully im- concerns earlier. Now it goes to con- environmental programs; plemented. Establishing a dental insurance pro- Also, I think there is too much ference. I think, again, it indicates we gram for the selected reserves and an micromanagement of the ballistic mis- are making progress in the Senate. income protection insurance program sile defense accounts in our bill and in Plus the appropriations bill will be for self-employed reservists who are the House bill, and that needs to be ad- ready for passage as soon as the House acts on it. So as far as the defense area mobilized; dressed in conference. Providing funding for essential We have some serious challenges on is concerned, I think we are in good equipment for the Active, Guard, and the House bill that are going to be dif- shape on the Senate side. Reserve components. ficult to work out when we get to con- f Once again I thank Senator NUNN, ference, including language on abor- UNANIMOUS-CONSENT AGREEMENT Senator DOLE, the members of the tion, including language on HIV, in- committee, and the staff. I thank the cluding command and control of U.S. Mr. DOLE. Mr. President, I have been Chair, and yield the floor. forces participating in multilateral or- discussing, through staff, with the Democratic leader, and I now ask EXHIBIT 1 ganizations, including peacekeeping unanimous consent that, after all the and contingency operations, as well as MINORITY discussions on the DOD bill, there be a some of their language—and perhaps, Dick Combs, Chris Cowart, Rick DeBobes, period for morning business not to ex- from their point of view, some of our John Douglass, Andy Effron, Jan Gordon, tend beyond the hour of, I think we Creighton Greene, P.T. Henry, Bill Hoehn, language—on missile defense and other will make it 11 o’clock, now, with Sen- Jennifer Lambert, Mike McCord, Frank Nor- programs. ton, Arnold Punaro, Julie Rief My final assessment is that we have ators permitted to speak for up to 10 minutes each. MAJORITY a bill here that has been improved on The PRESIDING OFFICER. Without Charlie Abell, Alec Bierbauer, Les the floor, that we have an opportunity objection, it is so ordered. Brownlee, Dick Caswell, Monica Chavez, to work on and make further improve- Mr. DOLE. I further ask unanimous Chris Cimko, Greg D’Alessio, Don Deline, ments on in conference, working in Marie Dickinson, Jon Etherton, Pamela consent the Senate stand in recess be- good faith with the House. We have a tween the hours of 1 p.m. and 2 p.m. Farrell, Melinda Koutsoumpas, Larry lot of high hurdles to clear if we are Lanzillotta, George Lauffer, Shelley Lauffer, today in order for the Democratic Steve Madey, John Miller, Ann Mittermeyer, going to have this bill become law this Members to conduct their weekly cau- Joe Pallone, Cindy Pearson, Connie Rader, year, based not on what I have been cus luncheon. Sharen Reaves, Dick Reynard, Jason told formally but on what I have heard The PRESIDING OFFICER. Without Rossbach, Steve Saulnier, Cord Sterling, informally from the White House and objection, it is so ordered. David Stone, Eric Thoemmes, Roslyne Turn- from the Department of Defense. But I Mr. DOLE. Mr. President, I also ask er, Deasy Wagner, Jennifer Wallace have seen a lot of high hurdles in the unanimous consent the Senate resume Mr. NUNN addressed the Chair. past and I have seen those high hurdles the welfare bill following the morning The PRESIDING OFFICER. The Sen- overcome by people working in good business period just provided for. ator from Georgia. faith for the national security interests The PRESIDING OFFICER. Without Mr. NUNN. Mr. President, I thank of our country. So it is my hope that, objection, it is so ordered. the Senator from South Carolina for with a cooperative spirit and a con- f his summation of this bill. As he said, structive approach, we will be able to there are many important features in work with our House conferees and PROGRAM this bill. I supported the bill in the with the administration to see that the Mr. DOLE. Again, let me indicate to final form that it passed. I think there Defense authorization bill becomes law my colleagues, we are trying to accom- have been dramatic improvements this year. That remains a serious chal- modate many who wish to go to the made on the floor. lenge, but I think it is one that we baseball game tonight, a very impor- The Corps SAM Program has been re- must all strive to meet. tant baseball game in Baltimore. If we stored, which is an important part of I thank the Senator from South can work out some agreement where our overall theater missile defense ca- Carolina and all of his staff and all of we can have a vote fairly early tomor- pability. The national missile defense the staff on the Democratic side and all row morning on the Democratic wel- language has been, I think, made much the members of the committee for a fare proposal—because it is my hope to September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12677 complete action on the welfare bill by to the committee chairman and the of issues, primarily the issue of missile next Tuesday, and I think we are mak- ranking member of our committee for defense on which he is an acknowl- ing progress on our side and I hope it is the superb job they did in this author- edged expert. going to be a bipartisan effort before it ization bill. Many people came to- I yield the floor. is over. I hope we will have Democratic gether to make this bill happen. I The PRESIDING OFFICER. Senator support. But we would like to move think the chairman provided leader- PRYOR is recognized. forward and dispose of the Democratic ship. He stood for a strong national de- Mr. PRYOR. Mr. President, I thank proposal—by ‘‘dispose,’’ I mean either fense. It was a bipartisan effort on be- the Chair for recognizing me. adopt it or not adopt it, that would be half of the full committee to try to f disposition; hopefully not adopt it—and make sure that when our young men then to move on to amendments, if and women sign up to protect our free- TESTING OF THEATER MISSILE necessary, and I assume some will be dom, they will have the training and DEFENSE INTERCEPTORS necessary, and then complete action by the backing of our country to do the Mr. PRYOR. Mr. President, I rise to next Tuesday. job. That is what the chairman decided briefly discuss a small, and virtually I think we have now completed ac- we were going to do. There was not a unnoticed amendment to the DOD au- tion on seven appropriations bills. week that went by that the chairman thorization bill that just passed the There are no other appropriations bills did not talk to his fellow members and U.S. Senate. It was an amendment of- now ready for consideration. We may colleagues about the importance of fered by Senator NUNN, Senator BINGA- try a two-track system—I will discuss keeping our strong national defense. MAN, and myself to restore some com- that with the Democratic leader—so we So I want to commend him for the mon sense to the Missile Defense Act of can keep abreast of the House on ap- great job that he did. I am proud to be 1995. propriations bills and have all appro- a member of the Armed Services Com- As my colleagues know, the Missile priations bills in the President’s hands mittee. I also want to commend the Defense Act of 1995 contains, among by October 1. leadership of Senator WARNER, the No. other things, an aggressive program to So it may mean some late, late, late 2 person on the committee, who was develop and deploy theater missile de- evenings. But we will try to accommo- deputized by the chairman to meet fenses in the form of sophisticated mis- date major concerns that many Sen- with people on the very important sile interceptors. ators have from time to time. issue of theater missile defense, be- Our amendment to the DOD bill will The PRESIDING OFFICER. The Sen- cause this is an important long-term help ensure that these interceptors are ator from Virginia. issue for our country. Senator WARNER tested properly so we know how the f led the effort, along with Senator taxpayer’s money is being spent on COHEN, Senator NUNN, and Senator these programs. CONGRATULATING THE LEVIN, to make sure that we did have a If we want to protect ourselves from LEADERSHIP strong commitment to our own de- the threat of missile attacks, we Mr. WARNER. Mr. President, I won- fenses so that no matter what might should make sure these interceptor der if we could all join in thanking the happen in the field of technology in the programs are capable of destroying in- distinguished majority leader for his next 10 years, we are going to protect coming missiles. assistance on getting this very impor- our country and our shores. I was disappointed that this bill tant bill through. There were times So I commend Senator THURMOND, originally deleted a provision passed by just before the recess when the list of Senator NUNN, Senator WARNER, and Congress 2 years ago that would help us amendments was as long as your arm. all of those who made this very impor- monitor these programs through a se- Together with our distinguished chair- tant bill happen, and I will look for- ries of live-fire tests. man and the ranking member, and, in- ward to working with them in the con- I believe it would be dangerous for deed, the Democratic leader, we were ference committee to maintain the the Senate to show a lack of interest in able to condense an almost impossible freedom and the protection and secu- monitoring the progress of our theater list of amendments and proceed to this rity of our country in the fine tradition missile defense interceptors. Our pri- bill and set a time certain for a vote. I that we have had. mary concern should be in making sure think there is a great value in the Sen- Mr. THURMOND. Mr. President, I they are maturing properly. ate when we can establish a time when wish to thank the able Senator from Mr. President, I am pleased that the Senators can expect to have a vote on Texas for her kind remarks. She is a Director of the Ballistic Missile De- a major piece of legislation like this. very prominent and able member of the fense Organization [BMDO] and the I congratulate the distinguished Senate Armed Services Committee and Pentagon’s Director of Operational chairman, Chairman THURMOND, of does a great job. We appreciate all that Testing agreed to work together in an South Carolina. I think the people of she has done in connection with this effort to help us properly emphasize his State can take great pride. particular bill. the importance of testing our TMD in- This is your first bill—although hav- Again, I wish to thank Senator WAR- terceptor programs. ing served on the committee these NER for the fine job he has done, and I applaud the Director of the BMDO, many, many years—this is the first bill Senator NUNN for his fine cooperation Gen. Malcolm O’Neill, and the Director on which your name is on it as chair- and assistance. of Operational Testing, Phil Coyle, for man of the committee. It was your Mr. President, I yield the floor. working cooperatively in this effort. leadership that enabled this bill to be Mr. WARNER. Mr. President, I wish Mr. President, this is a responsible passed right on time. That leadership to associate myself with the remarks amendment that asks the Pentagon to started in the very early days of the of the chairman with respect to our periodically assess the maturity of hearings—first at the subcommittee distinguished colleague, the Senator each interceptor program, and to ad- level, then at the full committee, from Texas. I am privileged to have her vise the Congress on the progress we’re through markup, with the able assist- as a member of my subcommittee. She making. It also asks the Secretary of ance of the distinguished ranking certainly looks out for the interests of Defense to certify to Congress that member, Mr. NUNN of Georgia. not only the United States, but cer- these programs work properly before So, I congratulate our leadership. We tainly the people of Texas. they enter into full-rate production. are fortunate, and I think I may say to I wish to recognize the occupant of Finally, this amendment will help pre- both, that they carried it on in the fin- the chair, the Presiding Officer, who vent the wasteful practice of building est traditions established many years was very helpful throughout this piece weapon systems that do not work as ago by your predecessors, both as of legislation, although not a member expected. chairman and ranking member, in a bi- of our committee, primarily because This concept, Mr. President, is com- partisan way. the senior Senator is a member and, monly referred to as ‘‘Fly Before You I yield the floor. therefore, he cannot be. But we look Buy.’’ Fly Before You Buy means that Mrs. HUTCHISON. Mr. President, I forward to working with him in the new weapons must demonstrate their would like to add my congratulations course of the conference on a number progress and maturity in operational S 12678 CONGRESSIONAL RECORD — SENATE September 6, 1995 testing so that we do not waste money The PRESIDING OFFICER. Without op-ed from Rob Wheeler of Lemmon, buying systems that do not work, that objection, it is so ordered. SD, were published in local newspapers give us a false sense of security. f in the State. I ask that these articles I am proud to say, Mr. President, be printed in the RECORD at the conclu- that with this amendment, the weapon JAWSAT sion of my remarks. developers in the BMDO office and the Mr. HATCH. Mr. President, I want to The PRESIDING OFFICER. Without Pentagon’s testers have worked to- bring special attention to a coopera- objection, it is so ordered. gether to reach an agreement on the tive satellite development program be- (See exhibit 1.) proposed language. tween the U.S. Air Force Academy and Mr. PRESSLER. We all agree that This is indeed a remarkable accom- Weber State University located in the current Superfund Program does plishment that the entire U.S. Senate Ogden, UT. Both institutions, I hasten not work. It is one of the most expen- and the Congress should applaud. to emphasize, Mr. President, specialize sive environmental programs on the This is exactly the type of productive in undergraduate teaching and under- books. Despite the vast amounts of cooperation that Senator GRASSLEY, graduate research. taxpayer dollars that are poured into Senator ROTH, and I envisioned when The Joint Air Force Academy-Weber the Superfund, the program has a very we wrote the legislation creating the State Program is known as low success rate. One of the prime independent testing office back in 1983: ‘‘JAWSAT.’’ The Air Force Academy causes of this low success rate is a con- Developers and testers working to- satellite will be built by Weber State, fusing and costly liability system. This gether for a common goal. Unfortu- which is the first undergraduate insti- system is unfair to small businesses nately, for many years, the developers tution in the world to design, build, and encourages excessive and costly have refused to allow operational test- and launch satellites. Weber State litigation. ers to monitor their progress. Too began building satellites in 1990, and I am encouraged by the draft pro- often in the Pentagon, the word ‘‘test’’ has launched them in low-earth orbits. posal drawn up by my esteemed col- is considered a four-letter word. The WEBERSAT is the product of the league from New Hampshire, Senator This is exactly the scenario we Weber State University Center for SMITH. As chairman of the Superfund, should avoid with our interceptor pro- aerospace technology. The satellite Waste Control, and Risk Management grams. continues to orbit Earth, providing in- Subcommittee, he has assumed the We have already spent well over $5 valuable learning experiences for the daunting task of rewriting the existing billion on theater missile defense inter- student managers at Weber State. Cur- Superfund law. I look forward to work- ceptors. In this bill, an additional $2 rently, WEBERSAT provides the stu- ing with him to create a new Superfund billion is authorized for these pro- dents at the campus command center law based on fairness and common grams. And the total costs are pro- with such benefits as color photographs sense. We should not insist on a system jected to exceed $22 billion. of the Earth, data acquired by a high that calls on small businesses that As we continue spending more and spectrometer on the satellite, and in- complied with past laws and regula- more on ballistic missile defenses, let formation on micrometeor impacts tions to shoulder the burden of clean- us not forget the most basic and most that is derived from sensor equipment ing up our hazardous waste sites. important element of these programs— also aboard WEBERSAT. I believe these newspaper articles making sure they work. It was a natural choice for the Air represent not only the concerns of I wish to once again thank Gen. Mal- Force Academy to tap into Weber South Dakota small business leaders, colm O’Neill for his cooperation on this State’s expertise for building and de- but of all small business men and amendment. Also, special thanks to ploying a satellite to train our future women across the country. They are Mr. Phil Coyle, the President’s testing Air Force leaders in satellite use and the innovators who collectively make czar, for his outstanding leadership, management. We, in this body, in the our economic engine run. For that rea- and for his help in seeing that the Pen- midst of a debate on Defense authoriza- son, we must take these concerns to tagon practices Fly Before You Buy by tions and appropriations, recognize the heart as we reexamine the Superfund testing new weapons before they are critical importance of satellite tech- Program. produced. nology in defense systems employment. EXHIBIT 1 Mr. President, I thank the managers I especially commend both Houses of [From the Argus Leader (Sioux Falls, SD), of this bill for accepting this amend- Congress for supporting JAWSATS. Sept. 5, 1995] ment. Mr. President, this program is an ex- MESSAGE TO CLINTON CLEAR—REFORM I yield the floor. ample of the new directions that our SUPERFUND PROGRAM Mr. COATS addressed the Chair. universities are taking in bringing un- (By Rob L. Wheeler) The PRESIDING OFFICER. The Sen- dergraduate training, education, and I attended the White House Conference on ator from Indiana. research to the highest possible levels Small Business in June—one of about 2,000 Mr. COATS. May I inquire if we are of achievement. I thank my colleagues entrepreneurs and business owners from now prepared for morning business? for their support of JAWSAT. across the country invited to Washington by the Clinton administration. f f At the end of the four-day event, the White MORNING BUSINESS SMALL BUSINESS AND House asked us to put together a list of the SUPERFUND REFORM most important steps the federal govern- The PRESIDING OFFICER. We are in ment could take to really help small busi- morning business. Mr. PRESSLER. Mr. President, I nesses. One of the top recommendations may Mr. COATS. I thank the Chair. wanted to bring to my colleagues’ at- come as a surprise: overhauling the (The remarks of Mr. COATS and Mr. tention the concerns of several promi- Superfund program. PACKWOOD pertaining to the introduc- nent South Dakotans regarding the Superfund was created by Congress in 1980 tion of S. 1201 through S. 1218 are lo- Superfund Program. to clean up the nation’s worst hazardous waste dumps. Fifteen years have passed since cated in today’s RECORD under ‘‘State- Like many of my colleagues, during the August recess, I spend considerable then and more than 1,300 Superfund sites ments on Introduced Bills and Joint have been identified by the Environmental Resolutions.’’) time back in South Dakota talking to Protection Agency. Over $20 billion in gov- Mr. PACKWOOD. I suggest the ab- my constituents. While in South Da- ernment and private sector funds has been sence of a quorum. kota, one issue came up on a number of spent. But only 6 percent of those sites have The PRESIDING OFFICER (Mr. occasions: Superfund reform. This issue been cleaned up completely. KEMPTHORNE). The clerk will call the is important to small business men and With a record of failure like that, it’s no roll. women throughout South Dakota. In mystery why the Superfund is nearly univer- The bill clerk proceeded to call the fact, several South Dakota small busi- sally regarded—by environmentalists and business owners alike—as the single most in- roll. ness leaders just launched a new coali- effective piece of environmental legislation Mr. PACKWOOD. Mr. President, I ask tion, South Dakotans for Superfund re- in history. unanimous consent that the order for form. Recently, the coalition leader- Why is the Superfund such a hazard for the quorum call be rescinded. ship’s comments on Superfund, and an small businesses? September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12679 It starts with the Superfund’s liability [From the Rapid City Journal, Aug. 24, 1995] has been spent on the program—nearly half scheme called ‘‘strict, retroactive, joint and S.D. GROUP CRITICIZES LIABILITY RULES mainly on lawyers and bureaucracy, Rae several liability.’’ Retroactive liability said. (By Dan Daly) means a small business owner can be held re- f sponsible for action that took place before The 1980 Superfund law was a good idea the law has passed. Even if you didn’t act gone awry, according to a group of business A TRIBUTE TO CAL RIPKEN, JR. negligently, even if you followed every law people who launched a political coalition called South Dakotans for Superfund Re- Mr. PRESSLER. Mr. President, I join and regulation completely—you’re still on with all Americans to applaud the tre- the hook. Joint and several liability means form. the company can be forced to pay 100 percent The environmental cleanup program has mendous achievement of Baltimore of the cost of cleaning up a Superfund site become expensive, ineffective and unfair, co- Orioles shortstop, Cal Ripken, Jr. To- even though it was only responsible for a alition members said Wednesday. night, Cal will play in his 2,131st con- small fraction of the pollution. Just 15 percent of the nation’s 1,355 sites secutive major league baseball game, With marching orders like that, you can on the Superfund priority list have been eclipsing the previous record set by the guess the EPA’s standard operating proce- cleaned up, according to the group’s lit- immortal Yankee great, Lou Gehrig, in dure: Find any organizations even remotely erature, and half of Superfund dollars go to lawyers and regulators. 1939. connected with a Superfund site; then drag I commend Cal not just for the sin- them into court to make them pay the clean- But the group’s main complaint was about the retroactive liability rules that place gular distinction of being baseball’s up bill. So far, over 20,000 small businesses, all-time iron man, but the way he hospitals, towns, and community groups— blame for pollution—and the job of paying even a Girl Scout troop—have been stamped for cleanup—on companies and landowners achieved it: with class and with dig- as ‘‘polluters’’ by the EPA and face poten- ‘‘remotely associated with a hazardous waste nity. His approach to baseball is the tially crippling legal liability. site,’’ according to the group. approach hard-working Americans take All that litigation costs money—a lot of ‘‘The reality is that this . . . involves inno- to their professions—each and every money. More than 20 percent of all cent landowners, innocent new businesses day he goes out and tries to do his best Superfund dollars get spent in the court- that come onto a site unknowing about these things,’’ said Carol Rae, state chairman of not just for himself but for his cowork- room, not to clean up the environment. That ers, his team. He doesn’t try to be translates into an incredible $6.7 million in the coalition’s steering committee. ‘‘What we want to do is establish reasonable rules flashy or flamboyant. He quietly and lawyers’ fees and court costs per Superfund consistently goes out and gets the job site. No wonder the EPA keeps about 500 law- and limits on natural resources damages. yers on staff just to work on Superfund li- ‘‘It’s not that any of us here are out to say done. And for nearly 13 seasons without ability issues. that we do not want environmental protec- missing a game, he has done just that— So our first recommendation for Superfund tion or to be responsible corporate or private he got the job done. reform is repealing retroactive liability for citizens,’’ said Rae, vice president of external Cal also recognizes that being a base- waste disposal prior to 1987, when small busi- affairs for Chiron Corp., parent company of ball player also means being a role nesses were first required to keep detailed Magnum Diamond Corp. in Rapid City. model to millions of youngsters. Cal disposal records. The conference also rec- None of the business people at Wednesday’s news conference are themselves liable for plays his life off the field the same way ommended changing ‘‘joint and several li- he plays on the field—with tireless en- ability’’ to proportional liability, so those Superfund cleanup projects. In fact, only a handful of South Dakota sites have been on ergy and quiet excellence. He devotes liable would only pay to clean up what time to numerous charities in his com- they’re responsible for. the Superfund list. Their interest, said Rae, is as taxpayers Another recommendation was that Con- munity. He spends countless hours and regulated businesses. gress should require the EPA to use ‘‘sound signing autographs and working with Rae, Kroetch and Rob Wheeler of Wheeler science and realistic risk assessments’’ in young people on how to be both good Manufacturing in Lemmon, who was also at identifying toxic sites and establishing ballplayers and good citizens. Most im- Wednesday’s news conference, served to- cleanup standards. That just sounds like portant, Cal Ripken is a husband and gether as delegates to the recent White common sense; you’d thing that danger to House Conference on Small Business. father of two children. When asked health and safety would be the only criteria Rae said the conference delegates identi- about how important this day is to for selecting Superfund sites. But you’d be fied some 2,000 issues important to small him, Cal was said to have replied that wrong. Today’s EPA standards are so seri- business. Changes in Superfund laws, she it was indeed a big day because he was ously flawed that according to a recent fed- said, ranked fifth on the list. eral government study, more than half of the driving his daughter, Rachel, to her She and seven of the group’s steering com- so-called hazardous sites on the EPA’s Na- first day at school. mittee members held a news conference in tional Priorities List don’t even pose a I commend Cal Ripken, Jr., and wish Rapid City Wednesday to outline their posi- threat to human health. him well. Tonight, he will make his- tion. Members ranged from Richard Krull, There are several other reforms on our list, tory as baseball’s most consistent, manager of the Merillat Industries particle but they all share a common goal: creating a hardworking ballplayer. For myself board plant in Rapid City, to Art Kroetch, new Superfund that focuses on cleaning up president of Scotchman Industries in Philip. and on behalf of all South Dakotans, I the environment, not harassing innocent The group itself was organized by Steve applaud him for that. I also applaud businesses. These reforms have a good Knuth of Sioux Falls, who is working for the him for demonstrating that same con- chance of passing Congress, but the Clinton National Coalition for Superfund Reform. sistency, that same hardworking spirit administration—which asked for our rec- Knuth formed a similar group earlier this ommendations to begin with—is now resist- off the field as well. year to push for changes in product liability ing. f laws. Recently, a group of business and civic leaders from across the state got together to THE BAD DEBT BOXSCORE [From the Argus Leader (Sioux Falls, SD), form South Dakotans for Superfund Re- Mr. HELMS. Mr. President, the sky- Aug. 25, 1995] form—a grass-roots coalition dedicated to rocketing Federal debt, now soaring to- the type of Superfund reform we proposed to SUPERFUND REFORMERS START GROUP IN S.D. ward $5 trillion, has been fueled for a the White House. Our goal is to work with South Dakotans who want Congress to generation now by bureaucratic hot South Dakota’s elected representatives in change the nation’s hazardous waste cleanup air—and it’s sort of like the weather, Washington to fix Superfund this year. program, called Superfund, have organized There are currently four Superfund sites in to promote reform. everybody talks about it but almost South Dakota, including one that has been South Dakotans for Superfund Reform rep- nobody did much about it until imme- on the EPA’s list for more than 10 years. And resents people of various business and com- diately after the elections in November 15 small businesses and other organizations munity backgrounds with ‘‘the desire to see 1994. in South Dakota have been targeted by the an end to Superfund’s unfair and punitive li- But when the new 104th Congress EPA. Unless Clinton and Congress fix ability system,’’ said committee chair Carol convened this past January, the U.S. Superfund, those busineses—and the jobs Rae of Rapid City. House of Representatives quickly ap- they provide to South Dakotans—will re- The group announced its plans Thursday at proved a balanced budget amendment main in jeopardy. a Sioux Falls news conference. to the U.S. Constitution. On the Senate The Clinton White House should be on no- Congress enacted the Superfund law in tice. If it’s serious about helping small busi- 1980. Since then, the Environmental Protec- side, all but one of the 54 Republicans ness, it needs to stop blocking Superfund re- tion Agency has placed more than 1,300 sites supported the balanced budget amend- form. Washington conferences on small busi- on its National Priorities List, but has ment—that was the good news. ness are fine. But real action speaks a lot cleaned fewer than 15 percent of them. More The bad news was that only 13 Demo- louder. than $25 billion in public and private money crats supported it and that killed it for S 12680 CONGRESSIONAL RECORD — SENATE September 6, 1995 the time being. Since a two-thirds dren, title IV of the Social Security are paupers at one point during the vote—67 Senators, if all Senators are Act, in 1993, which is our last count. As year. present—is necessary to approve a con- you can see, Mr. President, if you were These numbers can be elaborated. To stitutional amendment, the proposed to recall the numbers originally, the what exact purpose, I would be hesi- Senate amendment failed by one vote. city of Los Angeles was recorded as tant to say. But we do know that Sen- There will be another vote either this having almost two-thirds of its chil- ator DASCHLE’s legislation, as well as year or in 1996. dren on welfare at one point or over Senator DOLE’s and Senator PACK- Here is today’s bad debt boxscore: the course of a year. That involved a WOOD’s, does address this question of As of the close of business Tuesday, mistake between the city and the coun- putting children on supplemental secu- September 5, the Federal debt—down ty, not something I am sure happens rity income as a mode of welfare bene- to the penny—stood at exactly frequently. Los Angeles drops to a fits. $4,968,612,934,278.22 or $18,860.94 for point where I can almost say, Mr. If you combine AFDC with SSI in every man, woman, and child on a per President, that in 1993 only 38 percent 1993, you get yet higher rates. You get capita basis. of the children in Los Angeles were on 67 percent for Detroit. You see that it f AFDC at some point or other in the goes from 54 percent AFDC when you year. add SSI. It is a large number. I think it CONCLUSION OF MORNING Think what it means to say ‘‘only’’ 38 is the case that the number of children BUSINESS percent, which is to say quite literally, receiving SSI has grown by about 400 The PRESIDING OFFICER. Morning by Federal regulation—and my friend, percent in the last decade. This is not business is closed. the distinguished chairman, will be because there are 400 percent more f talking about some of those regula- children disabled. We have had admin- tions. I see he has some stacked on his istrative interpretations of statutes FAMILY SELF-SUFFICIENCY ACT desk. I am reminded, those are historic which increase the number of children The PRESIDING OFFICER. The desks. If they were to collapse under in this category. Philadelphia gets 59 clerk will report the pending business. the load of Federal regulation, the his- percent; San Diego, 30 percent; Los An- The bill clerk read as follows: torical society would have something geles, 38 percent; Baltimore, 56 percent; A bill (H.R. 4) to restore the American to say about that. New York, 40 percent. And so it goes. family, reduce illegitimacy, control welfare But the idea under AFDC regula- These are horrendous numbers, and spending, and reduce welfare dependence. tions, there are not too many require- they ask for—they demand—some level The Senate resumed consideration of ments of the AFDC Program. One is a of interpretation. The Washington the bill. limit on assets, and the limit on assets Times, in a perfectly fair-minded edi- Pending: is $1,000; $1,000 for households, which is torial—to my mind, a fair-minded edi- (1) Dole further modified amendment No. to say these are households that are torial—had commented on these num- 2280, of a perfecting nature. paupers and have to stay paupers as a bers that are overstated in the case of (2) Daschle amendment No. 2282 (to amend- condition of staying alive. If you said Los Angeles and understated in the ment No. 2280), in the nature of a substitute. only 38 percent of the children in our case of New York. It had this in its edi- Mr. MOYNIHAN addressed the Chair. city were paupers during the course of torial, ‘‘Welfare Shock.’’ The PRESIDING OFFICER. The Sen- the year, 20 years ago the public would I ask unanimous consent, Mr. Presi- ator from New York is recognized. say, ‘‘What?’’ dent, that this be printed in the Mr. MOYNIHAN. Mr. President, I rise In Detroit, it is 67 percent. Those fig- RECORD at this point, without the to correct a statement which I made on ures were adjusted. We found that Los table. the floor in the course of our previous Angeles went down. New York went up; There being no objection, the article 2 days of debate, the beginning of de- 39 percent of all children at one point was ordered to be printed in the bate, on this legislation. I rise to not of the year. New York is our largest RECORD, as follows: city with about 7.5 million persons. We only correct my statement but to offer [From the Washington Times, Sept. 1, 1995] an apology to the Senate if I have mis- have at any given time rather more WELFARE SHOCK led anyone, which I certainly did not than a million persons on welfare, intend, nor did anyone. which is AFDC plus home relief, num- Having spent the better part of the past On that occasion, I offered a chart, as bers not known in the depths of the four decades analyzing the statistical fallout of the welfare and illegitimacy crises envel- you see here, indicating the proportion Great Depression. During the Great De- oping our great cities, Sen. Daniel Patrick of children who received aid to families pression, in 1937, when you probably Moynihan never has needed hyperbole to de- with dependent children in 1992. had about as much as 30 percent unem- scribe the dreadful consequences of failed so- This data was prepared for us at the ployment, there were half a million cial policies. Perhaps that is because the Department of Health and Human persons receiving home relief in New New York Democrat possesses the uncanny Services, Mr. Wendell Primus is re- York City. Today, in the aftermath of ability to develop or cite pithy statistics sponsible there, and mistakes were 50 years of economic growth, we look that shock even the most jaded welfare ana- made. He found those mistakes and up and there are more than a million. lyst, case-worker, senatorial colleague or re- porter. called them to our attention. And 39 percent of our children are on Several weeks ago, Sen. Moynihan, appear- In the meantime, the Washington AFDC at one point or another in the ing on one of the ubiquitous Sunday morning Times had written a very fine editorial course of the year. interview shows, shocked his questioners pointing to this data, saying, ‘‘My God, In Philadelphia, it is 57 percent. In (and, undoubtedly, his television audience) if there is ever evidence this system is San Diego, it is 30 percent. The San by revealing that nearly two-thirds of the failing, it will be found in these ta- Diego figures and the Los Angeles fig- children residing in Los Angeles, the na- bles.’’ These bar charts are easily ures are close in that range. Texas has, tion’s second largest city, lived in families translated into tables. Then we had to generally speaking, a low rate—San relying on the basic welfare program, Aid to Antonio, 20 percent, and Houston, 22 Families with Dependent Children (AFDC). inform the Washington Times that the To illustrate that Los Angeles was not numbers were scrambled. At one point, percent. There is a certain uniformity unique, he observed that nearly four of every it was no more than a simple typing there. The city of Phoenix, AZ, has as five (!) Detroit children received AFDC bene- error in a computer printout. prosperous an appearance as any city fits. But we now have the correct num- on Earth. It grows, I have been told, by The accompanying chart details the extent bers, and I would like to introduce a square mile a day. The southern Ari- to which residents in the 10 largest U.S. them to the Senate at this time, as zona project brings in water. Barry cities have become dependent on AFDC—and against the data I presented on August Goldwater provides a welcome and peo- the government. After about three decades of 8. The new figures are the corrected ple cannot wait to move out there. fighting the War on Poverty, during which time more than $5.4 trillion (in constant 1993 numbers for 1993. There are green lawns where I think dollars) has been expended, perhaps no single The data are the estimated propor- there should not be green lawns. That statistic offers more proof of the war’s un- tion of children receiving AFDC, that is desert. But that is another matter. mitigated failure than the fact that federal is aid to families with dependent chil- In Phoenix, 18 percent of the children and state governments provide the financial September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12681 support of 38 percent of all children living in Health and Human Services on Aug. 4. I ESTIMATED RATES OF AFDC CASELOADS the country’s 10 largest cities. found the numbers hard to believe—that [In major cities (Feb. 1993)] How does one begin to address such a hor- bad?—and called the deputy assistant sec- rendous problem? for all the talk among retary responsible to ask if he would check. Percentage Percentage Democrats, particularly President Clinton, He did and called back to confirm. of children of children about the need for increased spending for State on AFDC at on AFDC On Aug. 23, however, with the Senate in re- a point in within a education to help underwrite welfare reform, time year it’s worth recalling that real (inflation-ad- cess, Mr. Wendell E. Primus, the deputy as- sistant secretary who provided the data, New York ...... 30 39 justed) spending for elementary and second- Los Angeles ...... 29 38 ary education has dramatically escalated wrote to say that there had indeed been a Chicago ...... 36 46 since the federal government declared war miscalculation. It was a perfectly honest Detroit ...... 50 67 mistake, honorably acknowledged and cor- Philadelphia ...... 44 57 on poverty. Indeed, some of the highest per San Diego ...... 23 30 pupil expenditures occur in the largest rected. I will place his letter in the Congres- Houston ...... 18 22 cities. Unfortunately, as spending increased, sional Record today. Phoenix ...... 15 18 test scores plummeted. San Antonio ...... 14 21 The new numbers are sufficiently horren- Dallas ...... 16 20 In a more serious tone, Mr. Moynihan ap- dous. The proportion of the child population provingly cited the 1966 report on the Equal- Source: Department of Health and Human Services. ity of Educational Opportunity (the Coleman on AFDC or Supplemental Security income in the course of a year in Los Angeles is 38 It’s been 30 years since the federal govern- Report), which ‘‘determined that after a ment initiated its so-called War on Poverty. percent. In New York, 40 percent. In Chicago, point there is precious little association be- During that time more than $5 trillion was 49 percent. In Philadelphia, 59 percent. In De- tween school resources and school achieve- expended fighting it. What has been accom- troit, 67 percent. My contention is that ment. The resources that matter are those plished? As the Senate reconsiders the var- the student brings to the school, including things have gotten so out of hand that cities ious welfare-reform proposals during the community traditions that value education. and states cannot possibly handle the prob- next few weeks, let us keep in mind that Or don’t.’’ lem on their own. Thirty years ago, cer- anything less than revolutionary in scope is Sen. Moynihan has offered his own welfare- tainly. No longer. Mr. Hugh Price of the Na- likely to have little long-term impact on reform plan, which, unlike any Republican tional Urban League suggests that we will these depressing statistics and the numerous plan in the House and Senate, would retain see a reenactment of deinstitutionalization pathologies and deviancies that derive from AFDC’s entitlement status without placing of the mental patients which led so directly them. any time restrictions on recipients. Despite to the problem of the homeless. I was in the Mr. MOYNIHAN. Mr. President, here the underwhelming success of federal job- Oval Office on Oct. 23, 1963 when President is the point I made, and some will not training and job-placement programs, his Kennedy signed that bill, his last public bill agree—probably most will not agree. plan places great emphasis on more of the signing ceremony. He gave me the pen. I same. Attacking the Republicans’ proposals Yet, I have been at this long enough to have had it framed and keep it on my wall. to cancel welfare’s entitlement status and recognize this. The Times takes the Premium non nocere. enforce time restrictions, Sen. Moynihan view that any system which has pro- DANIEL PATRICK MOYNIHAN, frets that ‘‘we don’t know enough’’ to design U.S. Senator, duced this result is so bad it must be programs that attempt to influence the be- Washington. profoundly changed, dismantled, and havior of poor people. done away with. Indeed, the legislation Take another look at the figures in the [From the Washington Times, Sept. 5, 1995] chart provided by the senator. They rep- before us on this side of the aisle—the resent a small fraction of the statistical in- CHARTING THE STATE OF WELFARE majority leader’s legislation—would in dictment against the failed welfare policies fact put an end to this system. It abol- Even by the appalling standards and re- of the liberal welfare state. Tinkering ishes title 4(a) of the Social Security around the edges of such failure without sults of U.S. welfare policy, the chart that Act of 1935. It makes a block grant seeking to change the behavior that three appeared in this space last Friday exagger- which is sent down to the States, based decades of the War on Poverty have pro- ated the depths of the situation that prevails in some of this nation’s largest cities. on their present Federal benefit, and duced, will surely not solve any of the many leaves it that the States are free to do social problems that accompany dependency Last month Sen. Daniel Patrick Moynihan, what they will. I will not get into it at on the scale depicted in the chart. That New York Democrat, appeared on the floor of much we do know. this moment. the Senate citing statistics showing that But the States are not free to do Mr. MOYNIHAN. Mr. President, the nearly two out of three children in Los Ange- what they will, anyway. No State has point of the editorial is, good God, les and nearly four out of five children in De- to have a welfare program. No, you do what happened to our children? Can troit lived in households receiving the gov- not have to have a welfare program. the present system be as bad as the ernment’s basic welfare grant, Aid to Fami- You do not have to provide more data depict? If so, let us be rid of that lies with Dependent Children (AFDC). At the than—you can provide $1 a month per system directly. I wrote to them in- request of The Washington Times’ editorial child or $1,000 a month per child. The forming them that we had new data, page, Sen. Moynihan’s office faxed a copy of idea that there are big Federal regula- and it was not significantly different. a chart listing the 10 largest U.S. cities and the percentage of each city’s children rely- tions is mistaken. It is not that the Well, in the case of Los Angeles, it was; ing on AFDC, which was developed by the Federal Government has not sought to that should be made clear. Otherwise, U.S. Department of Health and Human Serv- do a lot of regulating, but the statutes it was in this range. I wrote a letter in ices (HHS). Regrettably, the information was are relatively spare. With a waiver, you which I simply made the point that— incorrect. can do virtually anything you want. well, first of all, I submitted the cor- Nearby is a chart with updated, expanded, And to say it is your job, now that this rect new data, which took a slightly and presumably correct, information that system has failed, to take it over, what different view from the editorial. It HHS subsequently sent to Sen. Moynihan’s that does is disengage the Federal Gov- was a very different view from the edi- office, which then forwarded it to the edi- ernment. torial in the Washington Times. torial page. The revised chart offers both a No child is entitled to welfare bene- I ask unanimous consent that my let- snapshot of welfare dependency of children fits. The State can provide that a child ter and the subsequent editorial with in our largest cities (at a ‘‘point in time’’) receives benefits, or it can do other- the corrected data be printed in the and a more expansive statistic incorporating wise. But under the Social Security RECORD at this point. all children whose families relied on AFDC Act, if a State provides welfare bene- There being no objection, the mate- during any portion of an entire year. Clearly, fits, the Federal Government provides rial was ordered to be printed in the neither classification places Los Angeles or a matching grant. It will match 50 per- RECORD, as follows: Detroit in nearly as dreadful a position as cent, up to about 79 percent, at this [From the Washington Times, Sept. 5, 1995] conveyed by HHS’s initial, incorrect tallies. It should also be noted, however, that the point. It used to be as high as 82 per- THE AFDC NUMBERS: BAD ENOUGH, BUT NOT earlier chart understated the problem of per- cent in the Southern States. THAT BAD vasive welfare dependency in other cities: My point is that 30 years ago, when Regarding the Sept. 1 editorial ‘‘Welfare New York and Philadelphia, for example. we first picked up the onset of this ex- shock,’’ The Washington Times is entirely correct in stating that the information on The revised chart offers no solace to anybody traordinary demographic social AFDC caseloads I presented in the August intersted in the future of our great cities and change, you could have made the case: welfare debate in the Senate was mistaken. the children who live in them. Let the States do it; let the cities do it. We received the data from the Department of You could have made that case. You S 12682 CONGRESSIONAL RECORD — SENATE September 6, 1995 cannot make it today, in my view. This ple down in the Hindus Valley. German health care matters, as the chairman is too much. This is beyond the capac- organic chemists had succeeded in re- will not soon forget. I had two things ity of State governments and city gov- producing it, and it was used on pa- on our wall. One was a small portrait ernments. They will be overwhelmed, tients in Rockland State, and it had of Alexander Hamilton, the first Sec- and soon we will be wondering, what real effects. It was our first tranquil- retary of the Treasury, that great New did we do? izer. It would come to be known as re- Yorker. The other was the pen certifi- Mr. Hugh Price, the relatively new, serpine. The doctor said he thought it cate which had the pen that President recently appointed, director of the Na- should be used systemwide. Kennedy gave me on that day in Octo- tional Urban League, made an impor- At that time in the 1950’s, mental ber 1963, when we signed the Commu- tant comment on the ‘‘Charlie Rose health was one of our most visible pub- nities Mental Health Center Construc- Show’’—not a pronouncement, just a lic issues. Every State legislature pro- tion Act of 1963. comment. He said if we do what is pro- posed every year, appropriated another As I just said, ‘‘Be very careful what posed and put time limits—the Presi- bond issue to build another hospital. you do.’’ To cite Hippocrates, primum dent, at Georgetown University in 1991, We projected the time when half the non nocere. It is my contention, Mr. when he began his Presidential cam- population of New York State would be President, it would be my argument, I paign, put out a 2-year time limit—he in a mental institution and the other cannot demonstrate, I can simply said that we will have an effect similar half would be working in a mental in- make the case with numbers this large, to the deinstitutionalization of our stitution—97,000 persons. proportions this large, we dare not dis- mental institutions that began in the Today, Mr. President, there are connect the Federal Government from 1950’s and culminated in Federal legis- about 6,000. We wanted them out, but this problem of our children. lation in 1963. we did not care for them after they The connection we made in 1935 when I am going to take a moment, if I left. our resources were vastly fewer than can, just to talk about that, because I I came to Washington in 1961 in the they are today, they will be over- think Mr. Price hit upon a brilliant administration of President Kennedy, whelmed. In a very little while as the analogy—the appearance on our streets who was much interested in this sub- time limits comes into effect, I esti- of homeless persons sleeping in door- ject. A report of a joint commission es- mate a 5-year time might put half a ways, sleeping in bus stations. You do tablished by the Congress was waiting million children on the streets of New not have to do more than walk down for us. In effect, it said, go with medi- York City in 10 years’ time, and we will Constitution Avenue from the Capitol, cation and deinstitutionalization. wonder where they came from. We will not four blocks from here, and you will The last public bill signing ceremony say, ‘‘Why are these children sleeping find, in the dead of winter, people that John F. Kennedy conducted was on grates? Why are they being picked sleeping on grates. It has happened ev- on October 23, 1963. He signed the Com- up in the morning frozen? Why are erywhere. It has happened, I dare to munity Mental Health Center Con- they scrambling? Why are they hor- say, in Portland, OR. I say to my struction Act of 1963. He gave me a pen. rible to each other, a menace to all, friend, the chairman of our committee, I was present. I had worked on the leg- most importantly to themselves?’’ that Portland, OR, will not appear on islation, having had something in the Well, this is what will have happened, this list. It is a very interesting story, background from Albany. We were in my view. I can say that 30 years and and it is a very powerful cautionary going to build 2,000 community mental more of association with this subject tale. health centers by the year 1980, and one makes me feel it would happen. I was present at the creation, 1955, in per 100,000 population, as the popu- Mr. President, once again, with the spring, in the State capitol in Al- lation grew. apologies to the Senate for having pro- bany, N.Y. Averell Harriman was being We wanted our mental institutions, vided somewhat misleading data on introduced to the person who was to be but we did not build the community August 8, without intention, it was re- nominated as the commissioner of centers. We built about 400, the pro- ceived from the Department of Health mental hygiene, a wonderful doctor gram got folded into another program, and Human Services without any pur- named Paul Hoch. He had been head of shifted around, and pretty soon people pose to mislead, and was corrected by the New York Psychiatric Institute, a were thinking about something else the Department. Having placed the in- great research analyst. He had been and it quite disappeared from our correct data in the RECORD, I ask that chosen by the late Jonathan Bingham, minds. the correct table be printed in the then secretary to the Governor, later Then the problem of homelessness RECORD at this point. Member of the House of Representa- appeared. With the unfailing capacity There being no objection, the mate- tives. for getting things wrong in my city of rial was ordered to be printed in the As has happened before in history, New York, an advocacy group grew up RECORD, as follows: the Governor was playing a role in a saying we have a problem here of a little drama that had been pre- lack of affordable housing. That is not PROPORTION OF CHILDREN RECEIVING AFDC (1993) conceived. Present also was the direc- what it was at all. Percent Percent tor of the budget, Paul H. Appleby, the Schizophrenia—we knew in the 1960’s City at point within a eminent public servant of the New Deal there would be a constant incidence of in time year era, deputy director of the budget that particular disorder in large popu- Chicago ...... 36 46 under President Truman. Also present, lations. We did not have quite the ge- Dallas ...... 16 20 Detroit ...... 50 67 notetaker, if you will, was the Senator netic information we have now. I do Houston ...... 18 22 from New York. I was an assistant to not speak beyond my knowledge, but Los Angeles ...... 29 38 New York ...... 30 39 Mr. Bingham. the statistical data was sufficient to Philadelphia ...... 44 57 The Governor greeted Dr. Hoch and say this is something that happens in Phoenix ...... 15 18 San Antonio ...... 14 21 said how pleased he was to learn that Patagonia, it happens in Alaska, it San Diego ...... 23 30 he was willing to come and do this job, happens in Bucharest, it happens in Source: Department of Health and Human Services, August 23, 1995. and Jonathan Bingham has rec- Los Angeles, all at about the same ommended him most particularly, as rate. There it is. A puzzle, a great pub- Mr. MOYNIHAN. With great thanks indeed Jack Bingham had done. lic failure. for the courtesy and attention of the The Governor asked how were things My friend from Oregon will remem- Chair, I yield the floor. I see my distin- going in that field. Doctor Hoch said, ber that during the brief interlude in guished friend has risen, and I am well, down at Rockland State Hospital, which I was chairman of the Commit- happy to turn to him. which is in Rockland County in the tee on Finance, the last New Yorker The PRESIDING OFFICER. The Sen- lower Hudson Valley, Dr. Nathan Kline was in 1849, and it may be another cen- ator from Oregon is recognized. had been working with a chemical sub- tury and a half until the next New Mr. PACKWOOD. Mr. President, I stance that had been derived from the Yorker was, but there were 2 years, not never cease to learn from my good root rauwolfia serpentina, used in med- necessarily a shining moment, but friend from New York. In the quarter icine for 5 millennium. It calmed peo- there it was. We were dealing with of a century I have been in this Senate, September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12683 there have been a number of memo- I am not sure we had any witness orphan were taken care of. Therefore, rable Senators, none that I have that appeared before the Finance Com- welfare—I am not talking about Social learned more from than PAT MOYNIHAN. mittee as we were having hearings on Security survivors insurance, I am I count him as a friend, a teacher, a welfare reform that defended the talking about welfare as we knew it in mentor. present system as working. Some the 1930’s; when the breadwinner dies It is interesting how we sometimes wanted to simply jettison the entire there is no Social Security survivors’ take the same facts, however, and thing. Some wanted to tinker with it benefits—welfare as we knew it began reach different conclusions. I went to but keep it a Federal system. Others to disappear because Social Security law school at New York University in wanted to devolve more power and au- benefits, survivors’ benefits, were usu- the center of Manhattan in the mid- thority to the States. But nobody de- ally more generous than welfare would 1950’s. And much as I love New York fended it as it was. So how did we get be, and survivors’ benefits supplanted and Manhattan and find it an exciting to where we are? what welfare had initially been for wid- borough, when I finished law school I Go back to 1935. My good friend from ows and orphans. had no desire to stay there. I went back New York talked about the 1935 Social From about 1950 onward, maybe a lit- to Oregon and started to practice law Security Act. It was passed in 1935. And tle earlier again—the Senator from and kept my home and roots there ever Social Security, the act, had two parts New York would know more specifi- since. to it. One was the pension that we are cally than I would—aid to dependent But I remember public housing in the well familiar with. The other was a children, as we now call it aid to fami- mid-1950’s in New York. The Federal welfare component for widows and or- lies with dependent children, AFDC, Government dictated what public hous- phans. How often has the Senator from started tilting toward support for ing would be, and we knew best. Our New York referred to it colloquially, unwed mothers and children who had philosophy was that, if people had a de- but correctly, as a pension for the min- never had a breadwinner in the house. cent roof over their heads, all else er’s young widow and the miner’s It was no longer the concept of the would flow and follow. Education young child. widow and the orphan. There never was would follow, crime would disappear; so Both provisions, in essence, covered a breadwinner. And, instead of emer- long as you had a decent shower and a the same people but for different pur- gency financial support for a widow bed. So we built, not 5- and 10-story poses. In the mid-1930’s if you are the who was suddenly deprived of her public housing projects, 20- and 25- breadwinner—it is basically men that breadwinner, AFDC, aid to families story public housing projects. And we are working—if you lived to 65, you with dependent children, gradually and clustered them together; not one build- took care of your wife, and probably by then overwhelmingly became a lifetime ing, but three or four, with concrete that time your minor children had support system for many people. And parks, barely any grass for the kids to grown up. If you died at age 45 how- in many cases it became a generation play, and thousands and thousands of ever, and you were the breadwinner, after generation support system. roughly similarly economically situ- there was no survivors’ benefits in the Today, only 1 to 2 percent of welfare ated poor people clustered together. original Social Security Act. Suddenly is because of the death of a bread- What we ended up with were 20- and the widow and the child are thrown out winner. That is how much it has 25-story slums, crime-ridden, drug-in- onto the street. So the welfare provi- changed from what it was originally in- fested slums. It did not work. I do not sion of the 1935 Act was designed to tended. mean this as critical of the thinkers of take care of the widow and the orphan Now, from 1935 onward, but espe- the mid-1950’s. That was the best child. And it was presumed, I think, cially from 1960 onward, as we have thought in the fifties. that if the widow got married again, seen this movement toward welfare she would no longer need any public Now the Federal Government thinks being for unwed mothers, people who support, and if she did not get married, the best thought is what we call scat- never had breadwinners, the Federal she at least got this income while the ter buildings. We are not going to put Government has tinkered and tried and child was a minor and she was a widow. up 25-story buildings; we are going to toyed to make this system work. If the And almost all welfare at this time— put 60 units in Queens and 30 units in woman dropped out of high school in 1935 onward for a fair number of Westchester County and some more in the middle of her junior year and had a years—was for widows and orphans. Staten Island. We are going to scatter baby and did not go back, to try to edu- Then in 1939, we amended the Social them about. It may be a better deci- cate her, to try to help her get a job— Security Act to include survivors. The sion. It may not be. I am not sure. Yet and we have attached more baubles and breadwinner dies at 45. It was still usu- it is another example of where the Fed- geegaws to the Federal welfare system ally a man in those days. He has a 40- eral Government now says the philoso- in efforts to make it work than the year-old widow and three children, ages phy of 40 years ago was wrong and this mind can comprehend. 16, 12, and 9. There were survivors’ ben- philosophy is right. efits under Social Security. If you were But it has not worked. If it was I offer this only to say there is no a widow with children, you got 75 per- meant to stem the rise of illegitimacy, guarantee that any public policy you cent of what the person who died would it has not worked. If it was meant to adopt will work out exactly as you have gotten had that person reached get people back to work, it has not hope it will work out. It does not mean Social Security age, and you got 75 per- worked. If it was meant to somehow that you are malevolent in your cent for each child, though it was break the generational cycles, it has thoughts or deliberately ordaining that capped. You did not get 75 percent for not worked. it would not work out. It is just things every child if you had 15 children. Has it failed because we did not spend you thought would happen do not. How After World War II, we rather rapidly enough money? Let us go back and often I heard my friend from New York expanded the coverage of Social Secu- take a look over the years of what we talk about the law of unintended con- rity. My hunch is the biggest single have spent. I am going to use the year sequences. group may have come in in 1953 or 1954 1947 as a base for this reason. What we So, with that background, I want to under President Eisenhower, when we spent in the 1930’s was minuscule. Dur- go back into the history of welfare in brought in an immense number of peo- ing World War II, we did not spend any- the United States, starting in 1935; ple: Agriculture—— thing for all practical purposes. But what we hoped would happen, what has Mr. MOYNIHAN. Self employed. during the war, from 1944 to 1945, be- happened. I think we can say this. If Mr. PACKWOOD. Self employed. We lieve it or not—we talk about the de- our hope of welfare was to get people brought in an awful lot of people. fense budget now—the defense budget off of welfare, if welfare was to be a Mr. MOYNIHAN. State and local. was 40 percent of our gross domestic trampoline so that you could spring Mr. PACKWOOD. State and local. We product and 90 percent of our total back useful to society, it has not brought them in and, by 1960, most peo- budget. We did not do anything else. worked. It has become not a trampo- ple were covered by Social Security We were a war machine. We were bor- line, but a hammock. And that I think and that included survivors. So if the rowing to do it. And we were willing to we can say with assuredness. breadwinner died, the widow and the spend that much on defense because we S 12684 CONGRESSIONAL RECORD — SENATE September 6, 1995 thought it was necessary for the pres- Third, it had to be administered by a service; if pregnant, a medical state- ervation of Western civilization. I am single State agency. That is easy ment with expected delivery date; if inclined to think that was a correct de- enough to figure. disabled, name of doctor, name of hos- cision. Fourth, there had to be an oppor- pital and a doctor’s statement. So when I hear people say we cannot tunity for a fair hearing for somebody This is just starting to prove eligi- afford to spend for our defense, just as if they had been denied benefits. That bility. an aside, a great nation can afford to is not too difficult to figure. Does anyone here have any income? spend. We are now spending 4 or 5 per- Fifth, although this one becomes a No. You have no income. cent over gross national product on de- little more ephemeral, the State had to I want you to think about proving a fense. We can argue, can we afford 4 or provide such methods of administra- negative. 5 percent? Yes, we can. But it did mean tion as would be necessary for an effi- ‘‘No, I do not have any income.’’ in those years we were not spending cient operation of the plan. ‘‘Let me see your bank account and money for anything else of any con- As I say, I am not quite sure what savings account.’’ sequence except on the war. And the that means exactly, but I will show ‘‘I do not have a bank or savings first real budget year, fiscal year, after you what it means in just a moment. book. I do not have any bank account.’’ the war was 1947; 1946 was midway Then lastly, the State had to file re- Well, you have to prove you do not through when the war was still going ports that would assure the correctness have a bank account. Current checking on. and verification of basically what they account statements and real estate I am going to use the term ‘‘constant were intending. That was relatively documents. dollars’’ rather than ‘‘current dollars’’ simple. I want you to picture Johnny Jones because current dollars can be illusory. From that has grown what we have coming in asking for welfare. I will define the difference. in welfare today. ‘‘Where are your real estate state- A current dollar is $1 today. I spend The Senator from New York referred ments?’’ $100 on a Federal program. Let us say to this stack on this desk which I shall ‘‘I don’t have any.’’ you have 100 percent inflation. Next attempt to lift. These, Mr. President, ‘‘What do you mean, you do not have year we spend $200 on the Federal pro- are the regulations that an Oregon any? Can you prove it?’’ gram. You have not spent any more caseworker must be familiar with in ‘‘No. I don’t have any.’’ ‘‘Prove you don’t have any.’’ money. You have 100 percent inflation. order to determine just two things: No. ‘‘I do not have any.’’ The person that gets it has not gotten 1, the eligibility of a recipient for wel- Payment books or receipts for all anything more to spend. That is why fare; No. 2, how much shall that recipi- mortgages and land sales. we have COLA’s on Social Security. ent get. That is what you have to go Do you know how much land Johnny That is called current dollars. through in order to determine just whether you are eligible. How much do sells? He is not really involved in big To put it in comparison, in current time in real estate sales. 1947 dollars we spent $2 billion on what you get? Follow me to this chart back here. List of all stocks and bonds and cur- the Social Security Administration ba- Here is the eligibility process. rent market value; title of all motor sically called welfare. This is 10 or 12 You come into the welfare office. vehicles and bill of sale; bank pay- programs. In 1947 we were spending $2 ‘‘Hi, I am Johnny Jones. I would like ments or agreement; documents show- billion. In 1991 we were spending $180 to apply for welfare.’’ Initial applica- ing life insurance and estate or trust billion. Even if you put it in terms of tion. All right. funds. constant dollars—because current dol- The caseworkers says, ‘‘Give me your Name me welfare recipients who have lars does not take into account infla- proof of identity, age, citizenship. I trust funds. If they have trust funds, tion—the figures are still dramatic. If want your driver’s license, Social Secu- they are not welfare recipients and you assume that the value of the dollar rity card for each person, birth certifi- they will not be in this office at the today was the same as the value in cate for each person, alien registration, first stage. 1947, and there has been no inflation in or arrival and departure record, or any Insurance policies? They might have that period of roughly 45 years, then in other identification from any other insurance policies. 1947, in today’s dollars, we were spend- agencies or organizations.’’ Now, if you have done all that, you ing $10 billion on all of these programs. This assumes a person coming in for make an eligibility decision. However, Today, we spend $180 billion. On AFDC welfare actually has these things or this is if you have no income. But if alone, in 1947 we were spending in con- knows how to put their hands on it. As- you have income, now we come down stant dollars $697 million, today we are suming you have proved your identity, here. spending $18 billion, about a 2500-per- we now go to proof of relationship and Proof of income. cent increase. child in the home. Signed and dated Uncashed worker’s compensation or You want to take a last figure. These statement from friend or relative nam- other benefit check; latest Social Secu- programs in the Social Security Ad- ing each child and residence, birth cer- rity or VA benefit award letter; court ministration count as programs for the tificate or other documents stating order stating amount of support or ali- poor. In 1947, they were 0.7 of 1 percent parent’s name. mony; notice of unemployment bene- of our gross domestic product. Today, Assume you have that. Then we go fits, record of payments received, or they are slightly in excess of 3 percent. over to proof of residence and shelter uncashed check; records of income So they have grown dramatically. costs. from self-employment, farm income or Welfare has not failed because we did ‘‘Give us your electric bill, paid or business income, tax records, profit not spend money. We have spent more unpaid; give us your gas or fuel bills, and loss statements, or income produc- money by any measure. paid or unpaid; rental or lease agree- ing contracts; wage stubs or employer’s Has it failed because of inadequate ment; rent receipt; landlord statement; statement of gross wages for the last 30 regulations? The 1935 bill when it landlord deed to property; proof of days. passed was 21⁄2 pages long. This is the housing subsidies.’’ You have to prove all that. But inter- section relating to welfare, 21⁄2 pages. No wonder this stack is getting estingly, what counts as income and There were no regulations initially. thicker and thicker as you go through what does not count as income? The bill really had six requirements of giving us all of this information. Now Count adoption assistance if not for the States as follows: we come down to proof of family after special needs. That counts as income. First, the program had to be in effect you have gone through all of this. Do not count as income adoption as- in all political subdivisions throughout Death certificate for deceased parent; sistance for a child’s special needs. the State. That is an easy enough re- divorce papers or separation papers Now, you are poor Johnny Jones get- quirement. showing date, if separated; a statement ting these questions, trying to figure it Second, there had to be some finan- from a friend, neighbor, or relative out. You count as income payments cial participation by the State. That is proving marriage certificates; if in under the Agent Orange Act of 1991. easy enough to figure. prison, date of imprisonment, length of You do not count as income benefits September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12685 from the Agent Orange Settlement about 3,000 employees in an area of the converse, that it should be done Fund if it is given by Aetna Life. I do about 15,000 to 20,000. It is the domi- and directed by State or local govern- not know why it is limited to Aetna nant employer. ment. Life. The article said as Mr. Ford’s ply- I am delighted we are debating this Well, Mr. President, I am not going wood is moving across the country on bill outside of what we call reconcili- to go on with the rest of this. This is the railcars, he can call Chicago and ation. Reconciliation is going to be what welfare has become. It is no won- say, ‘‘Cut it 50 cents a board foot,’’ and this big-budget bill that will come to der that caseworkers are frustrated be- it is cut. And Weyerhaeuser and Geor- us in 2 months—6 weeks, I would say. It yond belief. The caseworkers I have gia Pacific immediately follow suit. is going to have everything in it—Med- met are perfectly decent people who But they cannot take the lead because icare, Medicaid, earned-income tax would like to help the poor. it is a corporate board decision of some credit, and tax cuts—and it is limited Now I will give you a quote from the kind. They do not have anybody in the under our rules to 20 hours of debate, 10 former executive director of the Or- organization that can say to cut it 50 hours on a side. Welfare, if put in that egon Progress Board. cents a foot. bill, would get half an hour’s debate. ‘‘Almost all of the Oregon Option un- So Mr. Ford sets the prices for ply- Medicare, I will bet, gets 8 hours of 10 dertakings’’—Oregon Options is the wood. He is still alive and the company in the debate, and this subject deserves welfare plan that we have gotten au- is still going. And he is still a domi- more debate than that because it is an thorization to try—‘‘require the use of nant force in his business. honest difference of opinion. I empha- federal funds and, in many cases, the You see it in the electronics business size ‘‘honest difference of opinion.’’ waiver of federal rules and restrictions today. How many companies are there? The Republicans want to do what we on how the money is used.’’ As Wyse Have you ever seen that wonderful list call break the Federal entitlement. We said, of companies? There are over 20,000 or are saying we will give to the States as We need the federal government as a part- 25,000 companies that did not exist in much money as they are getting now— ner. But federal programs that provide 1968, either just did not exist or were but not as much as they would other- money tend to be severely prescriptive and just getting founded in the 1960’s, elec- wise get if we did not change the law. riddled with red tape that stifles innovation. tronics or otherwise. And in exchange, we will say to the In the biggest area of federal aid—welfare— You look at just one facet of commu- States, we are going to remove most of at least 20 percent [20 percent] of our admin- nications, personal communications, the strings that have been hampering istrative time and money costs have been the little hand-held phones you use. In you for the past if not 50 years, cer- spent on federal paperwork. 1982, when AT&T and the Federal Gov- tainly 30 years. We are going to give My classic example, however, does ernment agreed to a consent decree you certain outlines and guidelines, not deal with welfare per se. It is Har- breaking up AT&T and creating what and you cannot use this money for air- ley, Harley, the Vietnamese potbellied, we now call the regional Bells—seven— port tarmacs. You have to use it for drug-sniffing pig. This pig can smell it was a very inclusive agreement. The the poor. But you decide, New York, drugs like dogs do, so the Portland po- Justice Department and AT&T tried to whether your problems are different lice bureau applied to the DEA, the think of everything they could to in- than South Dakota’s. You decide, Or- Drug Enforcement Administration, for clude. Do you know the one thing they egon, whether your problems are dif- Federal funds that they allocate for left out? Personal portable telephones. ferent from Ohio’s and attempt to drug-sniffing dogs. The DEA, Drug En- There was no future in that. There shape your welfare program with the forcement Administration, said no, it were 18,000 in the country. There are 25 limited amount of money we give you only applies to dogs. It does not apply million now. By the end of the cen- to what you think your needs are. to pigs. To which the Portland police tury—there might be 125 million in 10 Mr. President, they are different. If bureau said: ‘‘This pig can smell better years. We will have as many of those as you are Florida or Texas or New Mex- than a dog, and it is cheaper than a we have telephones. ico or Arizona and have an immense dog.’’ It is not AT&T, MCI, and Sprint that immigrant population and, in any case, Now, I have to give Vice President are dominating that business. Those a Hispanic-speaking population—New GORE credit. He worked this out by de- are long-distance carriers. But the York has it—virtually you have a prob- claring Harley an honorary dog. That companies that have moved into this lem just of language for many young solved our problem. There is Harley, business were small, sharp, quick com- people. That same problem, but to a the honorary dog, right there. That is panies that can compete with Bell At- much lesser degree, exists in Oregon. the frustration of dealing with the Fed- lantic, compete with AT&T. And they My guess would be, I do not know, that eral Government. Did the DEA mean to move rapidly. They find a niche. They it exists not at all in South Dakota. I be obtuse and mean? Of course not. Of are good at it. They are small. am taking a guess there is not an im- course not. It is just that big things of So when we get to this bill, it is an mense Hispanic-speaking immigrant necessity have to be pigeonholed. It is interesting difference in philosophy, on population in South Dakota. not true just of Government. It is true average—I am generalizing here—on So right away, the problems are dif- of big institutions. It becomes more average, between Republicans and ferent. and more difficult, the bigger you get, Democrats to this extent. On average, (Mr. ASHCROFT assumed the chair.) to deal with individuality. You have to Democrats in the provision of social Mr. MOYNIHAN. Will my friend yield fit the pigeonhole whether you are a services have a mistrust of it being for a question? university with 25,000 students or Gen- done by private enterprise, whether Mr. PACKWOOD. I will. eral Motors. It is one of the reasons that be a profitmaking private enter- Mr. MOYNIHAN. Because he is mak- why small and often family-held com- prise or not. I want to emphasize, I am ing an important point. Does he recall panies are able to do much better and generalizing. They have less mistrust if the occasion on which the Committee compete against giants that are 100 it is done by Catholic Charities or on Finance—of course he recalls—held times their size but immobile. Goodwill, but they feel more com- a retreat in Maryland, and the Senator About 20 years ago, maybe 25 years fortable if the Government is doing it. from North Dakota learned about the ago now, there was a story in one of Republicans are a little more inclined proposal to deny welfare benefits to the nationwide business publications to say let us let the private sector do it mothers of children who themselves on who sets the price of plywood in the or let us give some grants or help with were under 18. He returned to his State United States. Weyerhaeuser is a big the private sector, but let them take and checked that out to see just how producer. Georgia Pacific is a big pro- the lead. much of a problem it was in North Da- ducer. But the article concluded that it The second difference is that if it kota. Mr. President, you would be in- was set by Ken Ford of what was then must be done by Government, there is terested to know that there are four called the Roseburg Lumber Co. That still a general feeling among most such families, two of whom had just ar- is now Roseburg Forest Products. It Democrats that it should be done or at rived from West Virginia. was a family-owned company and still least directed by the Federal Govern- Mr. PACKWOOD. There is a slight privately held, as I recall. They have ment. Republicans feel pretty much difference in the problems. When the S 12686 CONGRESSIONAL RECORD — SENATE September 6, 1995

Dole bill passes, and I hope it will—I tially unconstitutional. But it is work- Yesterday, Senator PELL announced think the amendment of the Demo- ing. These inner-city kids are getting a that this term will be his final one in cratic majority leader will fail—I hope good education. We simply wanted to the Senate. we go forward with this not in a spirit say to the parents—by and large, it lib- While there are still 16 months left in of, ‘‘Well, the Republicans have won’’ erates the poor. It does not liberate the Senator PELL’s term, I did want to and cheer. rich. They are going to private schools take a minute to pay tribute to this I want to close with what I said at anyway and they are going to paro- dedicated public servant. the start. There is no guarantee that if chial schools. It was a modest credit. As all of my colleagues know, Sen- we pass this bill, as the Republicans We say a parent can put their child ator PELL has devoted his years in the are talking about, there is no guaran- in a religious school and they can de- Senate to many issues of great impor- tee we will solve the problem. There is duct part of their cost off of their in- tance: To foreign relations, where he a guarantee that if we continue as we come tax. For 18 years he and I have has served as chairman and ranking have been going, we will not solve the tried to get that. We have been unsuc- member of the Senate Foreign Rela- problem. We have not solved the prob- cessful so far. tions Committee; to bettering the envi- lem and there is no hope we will solve Every now and then, he will send me ronment; and, of course, to education, the problem continuing on the line of a clipping when another inner-city where Pell grants to college students Federal regulation and control as we Catholic school has closed or perhaps have become a household word. I lis- have gone. the whole diocese has closed, I do not tened to the Senator from New York My guess is that many States will ex- know, and say, ‘‘They didn’t listen to comment on that yesterday. periment with this and will find their us, they didn’t listen to us.’’ Mr. President, the State motto of experiments fail. Many others will ex- It was touching when we had hear- Rhode Island is just one word—the periment with it in a different fashion ings on this to have some of the poor- word ‘‘Hope.’’ and find they succeed. And then some est women come and testify. These And from serving in the Coast Guard of the successes will be taken to other were single mothers working for the during World War II, to representing States and found it does not work in Federal Government, often in rel- our country in the Foreign Service for that State yet does work in other atively modest positions, making in 7 years, to serving here in the Senate States. The States are going to become those days, the late seventies, $15,000, for three and a half decades, CLAIBORNE labs over the next 5 years and, by and $16,000 a year, putting their children in PELL has never given up hope on Amer- large, most of them are going to hit private school, paying for it them- ica. upon what will work in their State selves, religious schools, not even of I join with all Senators in wishing with the limited amount of money that their religion because they wanted an Senator PELL all the best as he writes we give them, and they will be much alternative to public school. the final chapters in a very distin- quicker to jettison programs that do This bill is going to try to permit all guished Senate career. not work than we are. of that, not because we want to intrude f The last thing we have put in this religion on people, but because we do TRIBUTE TO CAL RIPKEN bill—and I see the Senator from Mis- not want to preclude religion having souri is in the chair and it was his sug- the opportunity to serve people. Mr. DOLE. Mr. President, my mother gestion—we have put in this bill, to the Mr. President, over the next 4 or 5 had a phrase she used to repeat. ‘‘Can’t extent that it is constitutional, that it days, we will debate the philosophy of never could do anything,’’ she told us. is permissible for this money to be this bill. I suppose we will debate lots I have tried to live by those words given to religious organizations to of itsy-bitsy details. But the philoso- throughout my life, and I want to pay carry out social welfare purposes. phy is infinitely more important than tribute today to someone else who There is nothing wrong with that. itsy-bitsy details. doesn’t know how to say ‘‘can’t.’’ Just because Catholic Charities is This bill, if adopted, is a watershed, For over half a century, baseball ex- Catholic should not mean that it is in- is a turning point from the concept perts have said that one record that capable of administering to the poor. that the Federal Government is be all could never be broken was the great Just because the Salvation Army may and know all. I hope we are daring Lou Gehrig’s record of playing in 2,130 have a cross on the wall does not mean enough to take the step. I do not prom- consecutive games. that it cannot run a good sheltered ise it will work, but I do promise that As all baseball fans know, that workshop. It will run a better sheltered with what we are trying now, we will record was tied last night, and will be workshop than anything the Govern- continue to fail. broken tonight by Baltimore Orioles ment might run. I thank the Chair and suggest the ab- shortstop Cal Ripken, Jr. As I say, we cannot by law make sence of a quorum. In every game played by the Orioles something constitutional that is un- since May 30, 1982, Cal Ripken has The PRESIDING OFFICER. The constitutional. I know the fear and the taken the field and done his job with clerk will call the roll. argument: Not only are they going to dedication and with excellence. The legislative clerk proceeded to minister to the needs of the poor, they No doubt about it, as a baseball play- call the roll. are going to try to proselytize them, er, Cal Ripken is a superstar. But more Mr. DOLE. Mr. President, I ask unan- make them Catholics or make them importantly, he is also a superstar as a imous consent that the order for the whatever. human being, a husband, a father, and quorum call be rescinded. Mr. President, I think that risk is a role model. worth it. I think the risk is worth it. If The PRESIDING OFFICER. Without Make no mistake about it, like most a person goes to a Salvation Army objection, it is so ordered. professional athletes, Cal Ripken is sheltered workshop or a meals program Mr. DOLE. Since there are no other very well paid. But you cannot watch run by a charity that happens to have Senators seeking recognition on wel- him play without thinking that he a menorah in the hallway, I am not fare reform, was leader’s time re- would still be out there, trying as hard sure that is going to be so offensive to served? as he can, if he was not paid at all. what we are trying to achieve that it The PRESIDING OFFICER. Yes, it And Cal’s commitment to baseball should be prohibited. I will leave it to was. does not end on the field. As a goodwill the courts—and there will be suits—to f ambassador for a game that des- decide whether or not it is constitu- perately needs one, he freely gives his tional. SALUTE TO SENATOR PELL time to countless charities, and I will say this to my good friend from Mr. DOLE. Mr. President, nearly 35 throughout this season, Cal has stayed New York, he and I now almost 20 years ago, the voters of Rhode Island in the stadium for hours after games, years ago, not quite, introduced bills to decided to send CLAIBORNE PELL to the signing autographs for every fan who allow tuition tax credits. In the in- U.S. Senate. And in the years that fol- wanted one. terim, Wisconsin has tried it and now I lowed, they have made the same deci- I know that all Members of the Sen- see the courts have declared it par- sion in five separate elections. ate join with me in tipping our hats to September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12687 Cal. May he have as many years on the Before elected to public office, my out of poverty and at the same time we field as our ‘‘iron man,’’ Senator life’s work was moving people from reward that effort. STROM THURMOND, has had in the Sen- welfare to work, one step at a time, Yes, this is a tough plan with tough ate. He could run that record way up each step leading to the next step, requirements. It expects responsibility there. practicing the principles of tough love. from welfare recipients. Everyone must f This is the eighth version of welfare do something for benefits. If you do not reform that I have been through as a sign the contract, you lose the bene- ORDER OF PROCEDURE foster care worker, as a child abuse and fits. If you refuse to accept a job that Mr. DOLE. Mr. President, I mention neglect worker, a city councilwoman, is offered, you lose the benefits. If, as an aside and not part of the state- Congresswoman, and now U.S. Senator. after 2 years of assistance, you do not ment that my colleague from Mary- Each of those previous efforts in times have a job in the private sector, then land, Senator MIKULSKI, is calling me have failed both under Democratic one must be provided for you in the every 5 minutes, 10 minutes. We are Presidents and under Republican Presi- public sector. going to try to arrange so that the peo- dents. It failed for two reasons. One, No adult can get benefits for more ple who want to be at that game can each reform effort was based on old than 5 years in their adult lifetime, but catch the 5:30 train. economic realities, and, second, reform if you are a minor, you are able to stay There are Members of the Senate and did not provide tools for the people to in school and receive benefits. others who want to attend that game, move from welfare to work, to help So, yes, we Democrats are very tough so we are trying to work out some them get off welfare and stay off wel- on work. Everyone must work. Assist- agreement for the Democratic leader fare. ance is time limited and everyone must where either we could have debate on I believe that welfare should be not a do something for benefits. If you do not welfare reform for those who would be way of life but a way to a better life. abide by the contract, then you lose watching it on television, or maybe Everyone agrees that today’s welfare your benefits. take up a nomination that has been system is a mess. The people who are What else do we do? We provide a pending for some time and some of my on welfare say it is a mess. The people safety net for children. We not only colleagues on the other side would like who pay for welfare say it is a mess. It want you to be job ready and work to take up. I thank the managers. is time we fix the system. force ready, we want you to be a re- I suggest the absence of a quorum. Middle-class Americans want the sponsible parent. We want you to be The PRESIDING OFFICER. The poor to work as hard at getting off wel- able to ensure that as part of getting clerk will call the roll. fare as they themselves do at staying your benefits, your children are in Mr. DOLE. Mr. President, I ask unan- middle class. The American people school and that they are receiving imous consent that the order for the want real reform that promotes work, health care. Once you do go to work, we will not quorum call be rescinded. two-parent families, and personal re- abandon you. We want to make sure The PRESIDING OFFICER. Without sponsibility. that a dollar’s worth of work is worth objection, it is so ordered. That is what the Democratic alter- a dollar’s worth of welfare, and while native is all about. We give help to f you are working at a minimum wage, those who practice self-help. Demo- trying to better yourself, we will pro- RECESS crats have been the party of sweat eq- vide a safety net for child care for your Mr. DOLE. Under a previous order, uity and have a real plan for work. Re- children, nutritional benefits will con- we had agreed to stand in recess be- publicans have a plan that only talks tinue, and so will health care. We want tween the hours of 1 o’clock and 2 about work and can not really achieve to be sure that while you are trying to o’clock so that my colleagues on the it. help yourself, we are helping your chil- other side of the aisle might have an Democrats have produced a welfare dren grow into responsible adults. opportunity to discuss welfare reform. plan that is about real work, and we I do not mind telling people that I am advised there are no speakers and call it Work First because it does put they must work because I do not mind no speakers asking for recognition be- work first. But it does not make chil- telling them that they will not only tween now and 1 o’clock. Rather than dren second class. Under our plan, from have the tools to go to work, but that sit in a quorum call, I suggest we now the day someone comes into a welfare there will be a safety net for children. recess until 2 p.m. office, they must focus on getting a job This is what the Republican bill does The PRESIDING OFFICER. Under and keeping a job and being able to not do. It does not look at the day-to- the previous order, the Senate will now raise their family. day lives of real people and ask what is stand in recess until the hour of 2:00 How do we do this? Well, first, we needed to get that person into a job. p.m. abolish AFDC. We create a temporary People we are telling to go to work Thereupon, the Senate, at 12:27 p.m., employment assistance program. We are not going to be in high-paid, high- recessed until 2 p.m.; whereupon, the change the culture of welfare offices technology jobs. We know that that Senate reassembled when called to from eligibility workers to being mother who wants to sign a contract order by the Presiding Officer (Mr. empowerment workers. Instead of only that requires her to work will be on the GRAMS). fussbudgeting over eligibility rules, so- edge when it comes to paying the bills. f cial workers now become She does not have a mother or an empowerment workers to sit down with aunt or a next door neighbor to watch FAMILY SELF-SUFFICIENCY ACT welfare applicants to do a job readiness her kids. She needs help with child care The Senate continued with the con- assessment on what it takes to move to move into the work force. sideration of the bill. them to a job, stay on a job, and ensure The Republican bill does not provide The PRESIDING OFFICER. The Sen- that their children’s education and enough money to pay for real child ator from Maryland. health needs are being met. care. Suppose that mother lives in sub- Ms. MIKULSKI. Mr. President, it is Everyone must sign a parent urban Maryland or Baltimore city or with enthusiasm I rise to support the empowerment contract within 2 weeks the rural parts of my State? She does Democratic alternative on welfare re- of entering the welfare system. It is an the right thing; she gets about an form. I support it with enthusiasm be- individualized plan to get a job. The entry-level, minimum-wage job. cause it is firm on work, provides a failure of individuals to sign that con- She is going to make about $9,000 a safety net for children, brings men tract means they cannot get benefits. year, but will have no benefits. She back into the picture in terms of child Everyone must undertake an imme- might take home, after Social Security support and child rearing, and at the diate and intensive job search once taxes, $175 a week. But if her child care same time provides State flexibility they have signed that contract. We be- costs her $125 a week, that leaves her and administrative simplification. lieve the best job training is on the job. $50 a week for rent, food, and clothing. Mr. President, I am the Senate’s only Your first job leads you to the next job. So that means, under the Republican professionally trained social worker. Each time you climb a little bit further welfare bill, it is like jumping off of a S 12688 CONGRESSIONAL RECORD — SENATE September 6, 1995 cliff into the abyss of further and fur- Democratic bill to work out a com- the majority leader and to the minor- ther poverty. Our bill wants to help promise, but not if it is done in the ity leader, Senator DASCHLE. I am people move to a better life. The Re- heat of partisan bickering, which I be- going to read for the RECORD what I publican bill will push them into pov- lieve is starting to take place right said in that letter. erty through its harsh, punitive ap- now on the welfare bill. I said: proach. Several years ago my State of Iowa DEAR MR. MAJORITY LEADER: I am writing How do we expect this woman to sup- decided to do something about the wel- you regarding our extremely important ef- port a family on $50 a week? There fare problem in our State. We set up forts to reform the welfare system. We clear- would be no incentive to do that. Wel- task forces, set up pilot projects ly have agreement that the current welfare system is failing those on it and taxpayers fare reform is about ending the cycle of around the State to try to find out who have to support it and it needs fun- poverty and the culture of poverty. what would work and what would not damental reform. You have put forward a Ending the cycle of poverty is an eco- work. This went on for several years. comprehensive reform plan, the Democratic nomic challenge. It means helping cre- As a result of these experiments, the leader has done the same, Senator Bond and ate jobs in this country and then mak- State legislature in Iowa a few years I have introduced a plan as has Senator ing sure that our country is work force ago pulled together a welfare reform Gramm and other of our colleagues. And ready and that welfare recipients are bill and passed it through the Iowa leg- while there are significant differences be- tween our plans, I feel strongly that there is job ready. islature. enough common ground that there is no good But it also must end the culture of That bill was passed with the support reason why we can’t fashion a bipartisan ap- poverty, and that is about personal re- of conservative Republicans and liberal proach that would garner overwhelming sup- sponsibility, that is about bringing Democrats. As I have often said, it was port in the Senate and among the American men back into the picture, that is supported by Pat Robertson conserv- people. about tough child support, saying that ative Republicans and Jesse Jackson In Iowa, we did just that. Democrats and liberal Democrats. Only one person Republicans worked together, ironed out if you have a child, you should support their differences and came up with a biparti- that child and rear that child. voted against it, because it was put to- san plan. It passed with just one dissenting We believe that the way families will gether in a bipartisan fashion. Folks vote in the legislature and was signed into move out of poverty is the way families from both sides of the aisle worked to- law by Governor Branstad. And it is work- move to the middle class, by bringing gether to fashion a legitimate welfare ing. The number of welfare recipients work- men back into the picture, having two- reform bill. ing and on their way off welfare is up 93 per- parent households, by ensuring that It passed and was signed into law by cent. And welfare awards and total payments there are no penalties to marriage, to Governor Branstad. We have now had are down. about 2 years of experience with it and I feel strongly that we should not let wel- families, or to going to work. fare reform fall victim to politics. As I’m So, Mr. President, that is what the it is working. We now have the distinc- sure you agree, the American people don’t Democratic alternative is. That is why tion in Iowa that we have a higher per- care what political party reforms welfare; I support it with the enthusiasm that I centage of people on welfare who work they just want it done. They want to be as- do. than any State in the Nation—Iowa. sured that their tax dollars are being spent The PRESIDING OFFICER. The Sen- We doubled the number of people on responsibly. I’m concerned that if we don’t ator from Iowa. welfare who work. Doubled—went up begin now working together to iron out our differences that when we come back in Sep- Mr. HARKIN. Mr. President, I am by almost 100 percent. Our caseload is down. And the expenditures per case tember we may be no closer to agreement very concerned about the direction in than we are now and the chance for biparti- which the welfare debate is now head- are also down by about 10 percent. san agreement lost. Therefore, I ask that be- ed. I come to the floor at this point in So the number of people on welfare is fore we leave for recess you and the Demo- time, not to discuss any specific aspect down. The cost per case is down. The cratic Leader appoint a bipartisan task force of welfare reform or my views on it. I number of people working is up. to begin work on forging a welfare reform come, not to cast aspersions on the Re- Last of all, of the States that have bill that has strong support across party publican approach nor to praise the gone out and tried to do welfare re- lines. I believe this would be constructive and could well lead to a package of tough, ef- Democratic approach. But I wanted to form, Iowa, according to a New York Times article that I read, Iowa is the fective reforms emphasizing work of which express my concern that the welfare we can all be proud. debate is headed in absolutely the only State that has actually cut people Thank you for your attention to my re- wrong direction, the direction of par- off of welfare. It is the only State that quest. I look forward to your reply. I am tisan bickering. said, ‘‘Here is a contract. We signed the sending a similar letter to the Democratic As far as I know, there has been no contract. If you, welfare recipient, do Leader. real effort by the other side, or by this not live up to your part of the con- Mr. HARKIN. Mr. President, I did not side, to try to work out a compromise tract, it ends.’’ Iowa has done that. hear back from either the majority solution. We have had our task force. I do not believe Wisconsin or any leader or minority leader. I do not say The Democrats have been talking other State has been touted as having that in any way derogatorily. I know about their approach. I understand the done such a thing. So it is working in we have been gone. People have been Republicans have had their groups Iowa. busy. That is not my point. My point is talking about their approach. We now I say that because it was not done in that I still urge the majority leader have a bill on the floor. We have a a partisan fashion. It was done in a bi- and the minority leader to step back Democratic substitute. Then there is partisan fashion. I believe for welfare just one step. I request that the major- the Republican proposal. reform to work nationally, it must also ity leader appoint six people and that I must tell you, I think this is abso- be done in a bipartisan fashion. That is the minority leader appoint six people lutely the wrong way to go. I think why it pains me to see what is happen- and that they take the remainder of welfare reform is much too important ing on the floor of the Senate today. this week and this weekend to see if we to the American people and to the tax- I was looking in the Congress Daily can work out a bipartisan approach, to payers to be caught up in some kind of of Wednesday, August 9. It quoted the see if they can agree on something and partisan warfare. majority leader, Senator DOLE. It said bring it back to us the first of next that Senator DOLE said that President week. We are tougher than you. I believe this would be the best ap- No, we are tougher than you. Clinton and he were talking privately a We care about kids more than you. couple of weeks ago about working out proach to take. I think we could step No, we care about kids more than you. a bipartisan solution on welfare re- back from this partisan bickering that We are going to give the States more flexi- form. DOLE said, ‘‘He pulled me aside we are going to encounter here in the bility. and asked me if there was a chance and next few days. It is going to come. I No, we are going to give the States more acknowledged that there are some think we already hear the opening flexibility. similarities between the Democratic strains of it—this bill is better than It pains me to see this happen be- and GOP bills.’’ yours, this and that. The American cause I believe there is enough similar- I took that at face value. So on that people are sick and tired of that kind ity between the Republican bill and the same day, August 9, I wrote a letter to of partisan bickering, especially when September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12689 it concerns welfare. I believe there are upon the majority leader and I call that is exactly what has happened. Our enough similarities that we can work upon the minority leader to step back total caseload over the last 2 years has out a bipartisan agreement. It will not one step, appoint six people from each gone from around 36,000 down to around be all of what we want. It will not be side, and let us take the rest of the 34,000. So the number of people, the all of what you want. But I believe it week to see whether or not we can total number of people on welfare has can garner enough support to be a reach some kind of bipartisan agree- dropped after that first initial increase. truly bipartisan effort. ment and bring it back on the floor I mentioned the average grants were On August 7, I read again for the next week. If we could do that, we down. The average grant per family has RECORD, Senator BREAUX from Louisi- would save ourselves a lot of time and gone now from $373 down to $336. That ana had the following statement. He we would save a lot of partisan bicker- is over a 10-percent decrease, I guess, in said: ing, and I think the American people the average grant per recipient. ‘‘I think we ought to work together. could at last be justly proud of some- So the caseloads have gone down, and So we have a decision to make as to wheth- thing that the Senate is going to do the average per family has gone down, er we are going to cooperate and work on this year. and the number of people on welfare this together— Mr. President, I want to take some has declined. I think this is really the Meaning welfare reform. time here for a second, because I want most important one of all: The number or make political points and get nothing to demonstrate what happened in the of people on welfare who are working done. That is an option. But if that option is State of Iowa with welfare reform. As has almost doubled. exercised, I suggest the real losers are the soon as I get my easel set up here, I So, again, that is what happened in American people and the American taxpayer. want to show it for the record here. I Iowa. But I think it only happened be- We will make short-term political points for short-term political gain. But in the long apologize to the President for taking cause people on both sides of the aisle run, the real losers will be the taxpayers and the time, but I want to show graphi- got together and did it in a bipartisan those who are on welfare who will not have cally basically what had been done in fashion. And that is what I hope we had an opportunity to have a program passed the State of Iowa here. will do here. I do not think it is too in a bipartisan fashion. First of all, in the State of Iowa, much to ask that—today is what, Mr. President, as I said, the State of these lines show what has basically Wednesday—Thursday, Friday, over Iowa, of which I am proud to represent, happened with our cash welfare grants. the weekend, next Monday, a biparti- did it in a bipartisan fashion. It showed The yellow line is 1994; the green line is san group from both sides of the aisle that it could be done and showed that 1993; the blue line is 1992. We can see get together, appointed by the respec- it can work. that the cash welfare grants have basi- tive leaders, and report back a biparti- Why is it that we cannot do it here? cally stayed about stable over these san approach to this. Why can’t the majority leader and the years. If not, then I am afraid the remain- minority leader appoint five or six peo- Look at what is happening now under der of this week and probably the first ple each? We have business on our cal- the new programs since Iowa passed of next week, we are going to be in- endar that we can spend the rest of the this. It is going down, constantly going volved in some very serious partisan week on. We have appropriations bills down. The total expenditures have bickering—who is going to be toughest, and other things that we can consider gone down considerably since we who is going to be the best for kids, in the meantime. passed our welfare reform bill. This is and who is going to be the most lenient I repeat: There has been no serious one measure of how it is succeeding. on States, on giving States flexibility. effort in the Senate to reach some kind Now, again, I mentioned we now have There will be a lot of hot rhetoric and of bipartisan cooperation on welfare re- the distinction in Iowa of having a a lot of partisanship. And in the end, form. I am not blaming that side. I am higher percentage of people on welfare the American taxpayers and the people not blaming our side. I am just saying who work than any State in the Na- on welfare are going to lose. that it is a fact. Neither side has tried tion. Prior to the welfare reform bill So I just make one final plea to the to reach across the aisle to form a bi- passing, we had about 18 percent of the majority leader and to the minority partisan consensus. But I think that is people on welfare working. We now leader to appoint six people each, work what we ought to do. have about 35 percent. I mentioned it is it out in a bipartisan fashion, and re- I suppose maybe it is too late now. I about a 100 percent improvement on port it next week. And let us take it off do not know. All I can say is, I take that, people on welfare working. They the partisan table. this time to express my concern about get the jobs skills they need to get off I yield the floor. the direction this debate is headed. welfare. So in terms of workfare, it is Mr. GRAMM addressed the Chair. I wish an amendment were possible working. Here is the caseload. The PRESIDING OFFICER. The Sen- or something. I guess the tree is full. I think this chart is interesting, Mr. ator from Texas. No amendments are possible. I wish President, because it shows what ev- Mr. GRAMM. Mr. President, I think there was some way we could express eryone in Iowa understood. Both Re- we all would like to have a bipartisan ourselves with a Sense-of-the-Senate publicans and Democrats, conserv- approach to welfare reform. I, for one, resolution to get a bipartisan group to- atives and liberals, understood that in am a little discouraged. gether to work on this. changing the system, there was going I remember the President’s rhetoric I think it is too bad. I think the los- to be an increase in the caseload imme- in the campaign when he talked about ers are going to be the American tax- diately. Everyone knew that, and they changing welfare as we know it. For 21⁄2 payers and the losers are going to be accepted that. Because, for example, years, as my colleagues will remember, people on welfare because it is going to prior to this point in time, if you had we waited to see the President’s wel- be caught up in partisan bickering. an automobile worth more than $1,500, fare reform bill, to see how he was Partisan shots being taken here on you were not eligible for welfare. We going to change welfare as we know it. something I consider to be equally as took a lesson from the State of Utah. And when we finally, after 21⁄2 years of important as the health care debate or Utah had gotten a waiver to allow per- prodding, got to see the bill, it had anything else we debated around here. sons to have a car valued to $8,000 and three characteristics that came as a I guess maybe I would not feel so still be on welfare. We raised ours to shock to most people. strongly about it had I not seen what $3,000. So there are a lot of people that First, it spent more money; second, had been done in the State of Iowa 3 maybe had a car worth $2,000 or $2,500 it provided more benefits to more wel- years ago when both sides reached or $3,000 before that were not eligible. fare recipients; and, third, it hired across the aisle and worked out a bi- Now they are eligible. more Government bureaucrats. I do not partisan welfare reform program. And So this is why this caseload went up. believe that is what America has in the fruits have shown that it is work- We knew that was going to happen in mind when America is talking about ing. the beginning. But we were confident reforming welfare. I do not think any welfare reform bill enough in our bipartisan approach that Now, in my mind, there are really can work unless it has that same kind we knew once that happened initially, two issues in welfare reform. One issue, of bipartisan support. So again I call it would come down drastically. And and the most important issue, had to S 12690 CONGRESSIONAL RECORD — SENATE September 6, 1995 do with the people who are involved. I their hand held out ready to go on wel- today where a 16-year-old can escape want to change the system because fare. her mother, can get almost $14,000 in never in history have we taken so The original bill that came out of the pretax equivalent worth of income sim- much money from people that are pull- Finance Committee continued to invite ply by having a baby. By having a ing the wagon and given so much to people to come to America to go on baby, they can qualify for AFDC, food people riding in the wagon, and made welfare and literally would have al- stamps, housing subsidies, gain inde- both groups worse off simultaneously. lowed someone to come to America pendence of their mother and then gain Since 1965, we have spent $5.4 billion today as a legal immigrant and go on additional cash payment by having on our current welfare system, and welfare tomorrow. more and more children. since nobody knows what a trillion dol- I am proud to say that after a tre- This is a system that has to be lars is, let me try to convert it into mendous amount of work, that that is changed, and, again, the objective is to English. If you took all the buildings, something that we have changed. Our change behavior. When babies are born, all the plants, all the equipment, and bill now has people come to America to we want to help them. We want to give all the tools of all the workers in work, not to go on welfare, and I think them services, we want to give them America, they would be worth slightly it is a dramatic step forward. goods, but we are not going to continue less than what we have spent on all We do have a dispute about how large to pay people cash money in return for means-tested welfare programs since the scope ought to be of block grant- having more and more children on wel- 1965. ing. Should we just give AFDC back to fare. What has been the result of this mas- the States and a few training pro- This is an area where there is a deep sive expenditure of money? Well, the grams, which is what the current bill division in our party. I believe there is result has been that we have made does, or should we give food stamps, room for consensus. I am willing to mothers more dependent, we have driv- housing subsidies, all training pro- work with other Republicans and with en fathers out of the household, and we grams back to the States and let the Democrats to find that consensus. But have denied people access to the Amer- States run them? That is something we we are not going to end welfare depend- ican dream. If we love these people, if are going to have to settle on the floor ency in America unless we want to deal we want them to be our equals, not just of the Senate. I think the more leeway with illegitimacy. This illegitimacy in theory but in fact, it seems to me we give to the States, the more flexi- problem creates a permanent demand bility we give to the States, the better that we have to reform the welfare sys- for welfare, and if we are going to deal we are going to do. tem. And I am hopeful in the end we with the problem, if we are going to The remaining issue that prevents us will have bipartisan votes in making from having a consensus among Repub- end welfare dependency in America, we that happen. licans in the Senate—which is an indis- are going to have to do it by addressing Here are the reforms that I think we pensable ingredient, in my opinion, to illegitimacy. You cannot reform wel- need. I think we need a mandatory building a bipartisan consensus and fare, you cannot, in the President’s work requirement. I think able-bodied passing this—bill, is, what do we do words, ‘‘end welfare as we know it’’ un- men and women on welfare ought to about illegitimacy? I believe this is the less you are going to deal with illegit- get out of the wagon and help the rest biggest problem in the bill. imacy. of us pull. If the best job somebody can One-third of all the babies born in I am committed to the principle that get in the private sector pays $4 an America last year were born out of we have to end welfare as we know it. hour—there is dignity in working at $4 wedlock. Under the current trend, ille- I share the President’s commitment. an hour—we can supplement their in- gitimacy could be the norm and not His program does not fulfill his com- come, but they will be contributing to- the exception in America by the turn mitment, something not unusual in ward their own independence, toward of the century. I think anybody who is Washington, DC, but I believe illegit- their own well-being. not frightened by this prospect fails to imacy has to be addressed. A welfare If somebody cannot get a job in the understand that no great civilization bill that does not address illegitimacy private sector, then they can pick up has ever risen in history that was not is not worthy of its name. trash along our streets, they can help built on strong families. No civiliza- I yield the floor. clean up our parks, they can wash win- tion has ever survived the destruction Mr. ROCKEFELLER addressed the dows on our public buildings. But, of its families, and I do not believe Chair. again, they will be participating in the America is going to be the first. The PRESIDING OFFICER. The Sen- communities they live in. They will be We have a system today that sub- ator from West Virginia. part of building a better country. And sidizes illegitimacy. If someone is on Mr. ROCKEFELLER. I thank the I believe that they will be richer, freer, welfare and they take a job, they lose Presiding Officer. and happier for it. I think able-bodied their welfare. If they marry someone Mr. President, I urge the Senate to men and women ought to have to work who has a job, they lose their welfare. improve the welfare reform bill before the number of hours that their welfare But if they have another baby, they get us by voting for this very important check will bring at the minimum wage. more cash payments. amendment known as ‘‘Work First.’’ When we started this debate, which I am totally committed to the prin- Before the August recess, it was a re- has largely been a debate among Re- ciple that we have to break the back of lief that the majority leader agreed to publicans, unfortunately, we did not illegitimacy in America. We have to wait until September for us to debate have a binding mandatory work re- give people incentives under the wel- welfare reform so we have some time. quirement in the bill, we did not have fare system to be more responsible. We This is not a subject where we should a pay-for-performance provision in the have to stop giving people more and pretend that legislating is like order- bill. So from the point of view of the more money to have more and more ing fast-food. Welfare reform is about Federal Government and a mandatory children on welfare. I think this is an very serious issues—the budgets for the work policy, we had a peculiar situa- indispensable ingredient. States we represent and how many bil- tion where we asked people to work; No one is saying that when children lions of dollars will be spent or cut but if they did not work, we did not are here and they are needy that we from those budgets; the rules qualify- have a mechanism that took away are not going to help them. No one is ing families for assistance or denying their check. saying we are not going to provide chil- them assistance; the safety net for I am proud to say that has been dren with services and with goods. But children, and whether it will survive; changed. We now have a very strong what we are saying is, it is suicidal to and other difficult questions about tax- work requirement. I am very proud of go on giving larger and larger cash payers’ dollars, people’s lives, and yes, that. I am very supportive of it. payments to people who simply have values. The Senate should take the The second thing we need to do is to more children on welfare in return for time to produce legislation that justi- stop inviting people to come to Amer- more and more cash money. That is a fies the word ‘‘reform’’ next to the ica to go on welfare. People ought to system that has to be changed. word ‘‘welfare.’’ come to America with their sleeves We also have to do something about I hope that the recess provided time rolled up ready to go to work, not with the perverse incentives that exist for each Senator to reflect on these September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12691 major questions that we have to an- or the neighborhoods of Houston, Chi- take to deliver on the promises and the swer when we act on welfare reform. I cago, or Kansas City. political rhetoric of welfare reform. hope we will do that with our heads Also, simply converting welfare Americans are not exactly crusading and our hearts. I hope we will think spending into 50 or more block grants for block grants as the prescription for about the stakes involved in welfare re- for the States is not exactly real re- welfare. They are expecting more than form, for the people we represent, for form. I can completely understand why just a different place to send the our States, and for children. some Governors in office for the next money. We are here to think about the For a long time, I assumed welfare few years are eager for the money. I kind of country we can be and should reform would be one of history’s en- was a Governor for 8 years, but I also be. We are here to be honest about deavors that both Democrats and Re- remember what happened in my State what it will take to move millions of publicans in the Senate would produce when the block grants created by Con- poor Americans from welfare to inde- together. After all, we presumably gress in the early 1980’s stopped keep- pendence. And I think we are here to want changes in the welfare system to ing up with need, by design. That is regard every child in this country as take root and bring about real, long- when Governors have to find other pro- important as the next one, no matter lasting results that most Americans grams to cut or raise local taxes or just what State he or she happens to grow expect from all of us. watch people and small children show up in. And let me be clear, the Congress and up on the grates. The Democratic plan, Work First, has some essential elements, including President should deliver on welfare re- Having been a Governor, I want to honesty about what it takes to achieve form. It has been 7 years since we en- see a welfare reform bill pass that gives real change in the welfare system and acted any kind of significant change to States a lot of flexibility. But I also how to keep children from being the the welfare system. We know it is time think some basic principles should hold ones punished. I hope it will get a seri- to attack the problems with welfare in every State. The entire country ous look from everyone in this body again, with much more emphasis on should take on the same challenge to over the next days or however long it personal responsibility and on work. promote work, responsibility, and pro- takes us to finish this legislative de- This is our chance, but with an obliga- tect children. bate on welfare. If there is a middle- tion to deal with realities. This alternative before the Senate, When I think of what West Vir- ground, let us find it and work out our Work First, is tough where Americans ginians expect from welfare reform, the differences. And I urge every Governor say they want welfare to be tough. Ac- answers are in this amendment, the to take a close look at these issues tually, back in 1982, when I was Gov- Work First plan. It does something again—and think about the next 10 to ernor, I struck a tough, but fair deal Democrats sometimes have a hard time 20 years in our States, not just the next with many of the adults getting wel- doing. We want to bury the past. Out couple of years. If welfare reform turns fare in West Virginia. With our high with the confusing name for welfare as- out to be Congress’ slick, painless way unemployment then, I said if you can- sistance, AFDC. Out with welfare’s in- to slash the Federal budget and leave not get a paying job but still need a vitation to some people to live on the States holding the bag, we are leaving welfare check, fine, work for that dole forever, while their fellow citizens some painful work for our successors check. The term is ‘‘workfare.’’ West struggle to make ends meet by working and for the people in our States. Virginia’s experience is also a reminder and scrimping. Out with the excuses We still have a chance to pass a bill that we do not have to demonize every- for not working when you can work. to be proud of and one that is honest Simply put, Work First ends welfare one on welfare. Many of the West Vir- about welfare, poverty, parental re- as we know it, and creates a new but ginians in my State’s workfare pro- sponsibility and other values, what it temporary assistance program for par- gram said they liked the approach. takes to work, and the children, who ents with children. A fundamental They hated having to resort to welfare, are two out of three people on welfare. change will be made from the first day: and with something productive to do— That is what should determine our Work First requires parents to sign a from cleaning streets to jobs in govern- votes and action before reporting to tough contract—a Parental ment offices—they felt better about Americans that we have passed a bill Empowerment Contract—in order to themselves. Again, let us be sure we re- that actually reforms welfare. get benefits. This way, every parent member that a lot of people are on wel- The PRESIDING OFFICER. Who will know from the beginning that the fare out of desperation. If they can get yields time? rules and expectations are completely the basics—certain skills, some infor- Mr. CHAFEE. Mr. President, I sug- different. Work First will require work mation, some child care—they are gest the absence of a quorum. from every able-bodied parent, but also going to work. Mr. BREAUX. Will the Senator with- offer job placement, training when nec- I know it is tempting to just pretend hold? essary, and child care so that the work that everything will get better if we Mr. CHAFEE. I will be glad to. Mr. BREAUX. I ask the Presiding Of- requirement can be met in the real just send a check, with no-strings at- ficer, what is the order of the day at world. tached, to Governors. It would be nice this point? Work First is tough, but fair. We ex- to pretend that Governors will just The PRESIDING OFFICER. There pect parents to work, but we also ex- take care of it. It is not that easy. I do not think we should talk down to are no restrictions on debate. pect America to still be a place that Mr. BREAUX. No one is in charge of protects its children—the majority of Americans about what it takes to get real results from welfare reform. Poor time? our population that gets help through The PRESIDING OFFICER. There is mothers and fathers need child care welfare spending, and who are getting no control of time. forgotten and ignored in the political just as much as the middle class. Think The Senator from Louisiana is recog- halls and talk shows where welfare is about it—we put parents in jail for nized. debated. As any parent knows, children leaving their children alone at home. Mr. BREAUX. Mr. President, I will need decent shelter, clothing and food, Some poor Americans simply have to take this time in order to make some and Work First includes the mecha- get more education and job skills, too, comments about where we are and nism—through vouchers—to care for so they qualify for jobs that earn a de- what I hope the ultimate result will be. some of these needs. We should not be cent living for the rest of their lives. I want to start off by saying there is punishing innocent children because of And when it is time to cut off the par- no disagreement that the welfare situa- their parent’s irresponsibility or bad ents, it is not right to pretend children tion in this country is a mess. There is luck. do not exist. no argument from any Democrat that I Work First also retains the partner- There are differences between the know who would stand up on the floor ship between the Federal Government majority leader’s bill before the Senate of the Senate and say welfare programs and States. The country as a whole has and this Work First amendment. Dif- are just fine and we should not do any- a stake in the future of each and every ferences with real, human con- thing to change any of them. child regardless of where a poor child is sequences. Differences in how honest I think most Americans, whether born—in the hollows of West Virginia we are willing to be about what it will they be independents, Democrats or S 12692 CONGRESSIONAL RECORD — SENATE September 6, 1995 Republicans, would agree with the each State has an absolute right and a ton cannot say you have no obligation statement that welfare does not work need to be able to be inventive and to to do anything. That is a defect that I very well for those who are on it, nor be able to come up with solutions to think is very clear in their proposal does it work very well for those who the problems that are unique and will which needs to be worked on. We will are paying for it. It is a program that work in that State that may not work offer amendments to say the States really cries out for major reform. I in some other State. have to be able to participate in help- think that is what this body is charged But that does not mean the Federal ing us solve the problem. We cannot be with doing, coming up with a reform Government walks away from any re- responsible for raising all the money package that we can send to this Presi- sponsibility to participate in solving and the States have no requirement to dent that he will sign, so when this the problem. What some would suggest do so and expect that to solve the wel- Congress draws to a closure, we can say is that a block grant means we in fare problem in this case. one thing that we did that will benefit Washington are going to have to raise In addition, one of the other concerns future generations and the very stabil- the money and pass the taxes and then I have is that the legislation the Re- ity of this country is that this Con- ship the money to the States and say, publicans are proposing takes middle- gress, when we had a chance, was able ‘‘Do what you want with it, it is a income job training programs and to come together in a bipartisan fash- block grant; no restrictions, almost no makes them into welfare programs. ion to reform the current welfare sys- guidelines, and spend it as you want.’’ Why, I ask, is it appropriate for pro- tem, which we all agree does not work. That is an abdication of our respon- grams that work to help dislocated It does not work, as I said, for the sibility as legislators who are looking workers, to help in vocational-tech- people who are on it nor for the people after the interests of the American tax- nical training schools that train peo- who are paying for it. Therefore, there payer. ple, students in this country, programs is no disagreement on the fact that we I admit we in Washington have cer- that are used for dislocated workers have a major problem facing us and tainly not solved the problem by our- who everyday are finding their job is that we should do something about it. selves very well. I admit the States taken away from them through Then, of course, the question that di- have not solved the problem by them- downsizing, and we have programs to vides us is how do we go about reform- selves. Therefore, I would argue that help retrain and relocate those peo- ing the system? Some have said we in any solution has to be a joint venture, ple—why are we taking those type of Washington, working with the States if you will, a partnership, if you will, programs, which are basically pro- in the past, have not solved the prob- between the States coming up with grams that have done a wonderful job lem so we are going to give it all to the their best ideas about what fits and the to help middle-income families in this States. We are just going to walk away Federal Government coming up with country, and make them into welfare from the problem. Let us think of a our ideas and the financial help in programs? I think that is a serious, se- phrase we are going to call it. How order to solve those problems. It has to rious mistake. about block grants? That sounds pretty be a partnership. It cannot be a walk- Do we need to reform those pro- good. People like that term. Let us say ing away and shipping the problem to grams? Do we need to consolidate welfare reform is going to be a block the States. That is the first point I them? Absolutely. But we do not need grant. I think most Americans would want to make. to turn job training programs into wel- say, ‘‘What do you mean?’’ They will The second point is that the States fare programs. It does not fit. It cannot say, ‘‘The Federal Government has not have to participate. We use this phrase, be forced to fit. You cannot put a solved the problems, so we are going to ‘‘State maintenance of effort.’’ There round peg in a square hole no matter let the States do it.’’ I guess most peo- are some, particularly my Republican how hard you push, without doing ple would say that makes sense. The colleagues, who advocate we are going grave damage to the block that you are Federal Government has not solved it to let the States pretty well do what trying to push it into. And the same so let the States do it. they want with this block grant but thing, I think, happens here. Let me talk for a moment about then we are not going to require them Their proposal tells middle-income that. This is a problem that cannot be to put up any money. families that have had to get retrain- solved by the Federal Government here States have always, in the true part- ing because of dislocation and being in Washington by ourselves, nor can it nership, had to participate in solving laid off that all of a sudden those pro- be solved by the State governments, the problem. That means raising local grams that were meant for you are nor the county governments nor the money through their tax system, put- going to be used by welfare recipients city governments, nor in my State of ting up a portion of the money going and you are going to be left out. What Louisiana by the parish governments into the welfare program so it can be about the middle-income families that by themselves. This is a problem that used to help solve the problem, match- those programs were designed for when cries out for all branches of govern- ing it with Federal funds. The Repub- they find out these programs all of a ment, Federal, State and local, work- lican proposal, as I understand it, says sudden are going to be turned into wel- ing together, to come up with a real so- no, we are not going to do that. The fare programs? I think it is bad policy. lution. State does not have to put up anything It needs to be corrected. It is not a so- Block grants are like taking all the if they do not want to. They can just lution to the problem. In fact, it aggra- problems that we have with the welfare walk away from the problem finan- vates the problem, and it needs to be program and putting them in a box, cially and say, ‘‘We are going to take addressed. then wrapping it all up, tying a bow all the money from the Federal Gov- Child care is another concern I have around it, and then mailing that box of ernment. We are going to do what we that I think we have to address very problems to the States, saying: Here, it want with it. And, by the way, the seriously. How do you tell a teenage is yours. It is a block grant. money we used to spend on welfare, mother with two children, we are going It is a block grant of problems with maybe we will pave the roads this year, to make you go to work but, by the less money to help solve those prob- or maybe we will give all the State em- way, there is no money for child care? lems. That, I think, is not a solution. It ployees a raise this year. Maybe we There is not a Governor that we have is an additional problem. The real solu- will build some bridges this year. But talked to, Republican, Democrat, inde- tion is to say that each State, of we are not going to use it for the peo- pendent, or maybe not certain what course, is different. I have heard my ple who are in poverty in our own they are, that has not said that this is Republican colleagues say that. I to- State.’’ a very serious problem. It is a serious tally agree with that. States should That is not a partnership. That is an defect in the Republican proposal, to have the authority to be innovative. abdication of the responsibility that I require the States to put three times What works in my State of Louisiana think that we have, as Federal legisla- more people to work but to give them may not work well in the State of Cali- tors and State legislators, to work to- less financial assistance in order to fornia. What works well in New York gether to solve the problem. make it happen, to give them less may not work well in Florida or Lou- There should be a clear maintenance money or in fact no additional money isiana or any other State. So, clearly, of effort by the States. We in Washing- whatsoever to pay for child care. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12693 What is going to happen to the chil- So that does not solve the problem. the floor, wants. But I think there is dren? Who is going to take care of a 2- That is a defect in their proposal to say enough common ground here to help year-old or a 1-year old if we put the that we are going to solve the illegit- address these differences in a way that mother into a job, which I think is ab- imacy problem in this country by ter- we get a compromise that works. By solutely essential? The best social pro- minating any assistance to people with the way, compromise is not a dirty gram we can pass is a good job. But babies who are born into this world. word. It is a coming together of dif- with that requirement that someone That does not stop illegitimacy. That ferent opinions in order to accomplish goes to work, there is going to be an does not help solve the problem. It cre- something that makes sense. obligation somewhere that somebody ates more problems, not less. It abso- Therefore, when we talk about fair does something with the children. Are lutely has to be addressed. compromises in the interest of solving they going to be left home alone, unsu- While I said what I think is wrong the ultimate problem, that is what this pervised, getting into trouble, or caus- with the pending Republican proposal, body is supposed to do. Very few times ing more problems from the standpoint I do think that there is a recognition in this world in anything do we get our of health than they were before? in a bipartisan fashion that we have to way all the way all the time. And this So they have a very serious defect in do something. Our plan is called Work legislation, welfare reform, which is so the sense that the child care provisions First. It abolishes AFDC. It starts off important, is an area that cries out for are very deficient. It is one thing to by saying there is no more AFDC. some bipartisan cooperation, working say we are going to put three times Every time a person comes into a wel- out our differences, because I am afraid more people to work. But you cannot fare office, they have to sign an em- that if we do not do that, we will do do that unless you address what is ployment contract in order to receive nothing. If we are not willing to meet going to happen to the child care provi- any benefits. That contract is going to somewhere in the middle on these dif- sions. That needs to be addressed. It require them to do certain things. It is ficult problems, we will have accom- needs to be worked on. It cannot in going to start moving them into the plished absolutely nothing. fact be a real reform bill unless child work force. care is addressed. We put time limits on how long Some will say, ‘‘But we have a good Another issue is the so-called family someone can be on welfare assistance issue for the next election.’’ I suggest cap. I have heard some Members give in this country, but we protect the that the best issue for all of us is pass- speeches that it is time for people who child. We protect the children. We pro- ing a real welfare reform bill that gets have been riding in the wagon to get tect the babies who are born into this the job done. out of the wagon and start helping pull world. Require the mother to live at I think all of our colleagues on this the wagon. That is a nice little phrase, home, or require the mother to live in side are ready, are willing, and I think and it sounds pretty good. But when an adult-supervised home if there are we are able to sit down in the sense of you are talking about throwing babies no parents. Require them to move into compromise and come up with a pro- and children out of the wagon into the the work force. Put on time limits. posal that in fact gets the job done. street, that is not what America is all Yes, do all of those things. But, yes, With that, at this time, Mr. Presi- about. That is not what this country also provide child care as we require dent, I yield the floor. stands for. Sure, make the people who people to move into the workplace, as Mr. MOYNIHAN. Mr. President, may can afford to pull the wagon, who are we do that. I just express the appreciation of all strong enough to pull the wagon, go to So it is one thing to sound tough and Members on this side, and I think on work. There is no problem with that. to talk tough. But as we all know, talk both sides, for the thoughtful com- But do not throw babies and children is cheap. It does not solve the problem. ments of the Senator from Louisiana. out of the wagon into the street and This problem is not going to be solved He has worked so very hard on the bill say that is welfare reform. That is not. on the cheap. It is going to be solved now before us as a second-degree Children and babies do not ask to be only with thoughtful ideas and tax dol- amendment that Senator DASCHLE and born. They did not ask to come into lars being spent more wisely than we he and Senator MIKULSKI have put to- this world. There is a parent some- have spent them in the past in a rec- gether. It is an effort to meet concerns where—in fact, two—that had some- ognition that we do need to make some that are shared on both sides of the thing to do with bringing that child dramatic changes. aisle. He is right. We have succeeded in into this world. Punish them. Require I want to say something else, too. I moving this subject forward when we them to go to work. Require them to will conclude with this: As I said in the have been together. take training. Require them to be re- beginning, this is a problem that the sponsible. Force them to live in adult Federal Government cannot solve by The Family Support Act passed out supervision. Force them to live with itself and the States cannot solve by of this Chamber 97 votes to 1. We had a their parent or parents if there are themselves. This is a problem that clear consensus, a clear set of agree- some. But do not penalize the innocent Democrats cannot solve by ourselves ments. And we have been hearing re- child who did not ask to be born. What and Republicans cannot solve by them- peatedly on the floor of programs that kind of a country are we that we are selves because we do not have enough State governments have put in place going to say if you are a teenage moth- votes, quite frankly, to pass our bill which seem to be taking hold. er and you have another child, you are without some help from the other side. The Senator from Iowa was speaking not going to get any help for the child? On the other hand, I suggest that the just a few minutes ago about the pro- Why penalize the child? That is creat- Republican Party does not have enough posal of Iowa, which passed, as he said, ing more problems, not solving any votes to pass this bill that will be 98 to 2 in their legislature. That is the problem. signed into law without our participa- program under that Family Support So I suggest that this is a major de- tion. Act with bipartisan support that came fect with the Republican proposal that So we are sort of joined together be- from this Chamber out to the States. has to be addressed. I cannot imagine cause we have to be. We have a choice We have something to show. It would any Member of this institution saying here. We can start talking to each seem such a loss to give all of that up they are going to reform welfare by other. We can start cooperating on at this point. telling a newborn baby that it is not some of these key issues that I men- I thank the Senator. I yield the floor. going to get any help because its moth- tioned. We can see where we can come Mr. CHAFEE addressed the Chair. er made a mistake and it has been born together and devise a proposal that into this world, and they cannot afford makes sense that can be adopted. It The PRESIDING OFFICER. The Sen- to take care of it. So it is out of luck. may not be everything that I want or ator from Rhode Island. Go into an orphanage, or be put up for the distinguished senior Senator from Mr. CHAFEE. I want to join with the adoption. I think we have to be wiser New York, Senator MOYNIHAN, the Senator from New York. Those were than that in seeking solutions to what manager of the bill, wants; or it may very thoughtful remarks by the Sen- welfare reform ultimately has to be all not be everything that the Republican ator from Louisiana. I hope we can get about. leader or Senator CHAFEE, who is on a bill out of this Senate that will really S 12694 CONGRESSIONAL RECORD — SENATE September 6, 1995 make some real progress in welfare re- the period of 1994, anyway—and my would have the flexibility to make that form. So I think the Senator from Lou- staff is now looking to see how far back determination on what best fits the isiana has made a constructive con- that goes—no person who lived in the people in their State, would have the tribution. I express my appreciation to city of New York, for example, would flexibility to determine the conditions him. have had any of that time they spent and the time restraints that would be Mr. SANTORUM. Mr. President, I on welfare count toward that 5-year effective in their particular States. want to add my kudos to the Senator limit. Some States may be different than oth- from Louisiana for his comments. I I know there are many cities that ers. share his sentiment that welfare re- have had unemployment rates of over 8 Mr. SANTORUM. Does that apply form needs to be bipartisan in nature. percent far back for many years, and just to those exemptions or the high And we have had discussions off the none of the people would be considered unemployment exemption also, so if floor that both sides have moved from as time limited. the State of New York, for example, the initial introductions of legislation, Many of them would—— did not want the people to go to work even here in the Senate, and have Mr. BREAUX. Will the Senator yield? in New York City? Or is that an auto- moved more together. Mr. SANTORUM. I see that as a prob- matic? Is there no State flexibility I think the Dole bill, as introduced, lem. there? comes more toward a common ground. Mr. BREAUX. I think the discussion Mr. BREAUX. The point I make in And I hope—in fact, I am optimistic— is good. What our Work First bill says response is that in the high unemploy- that with some refinements, we can get is we require people to go to work. We ment areas, the 8 percent or above, bipartisan support for the Dole pack- know that if you live in a high unem- they have to go to work. I mean, that age. I admit that the Democratic lead- ployment area—we pick 8 percent be- is a requirement. They would have to er’s package has moved significantly cause that is the same number that ap- engage in workfare or community serv- from past welfare reform efforts that plies in the food stamp program. That ice or whatever. we have seen here on the Senate floor is why we adjusted it to 8 percent. But Mr. SANTORUM. Now, my under- from the other side of the aisle. That is we do not think it makes any sense to standing is also that one of the limita- a constructive move in the direction of push a young mother out into the tions on this workfare program is that real reform. street if there are no jobs available in after 2 years, you then go into the I have a few questions, if the Senator that area. These people, however, Work First employment block grant from Louisiana will just take a few would operate under the same rules as program, which requires you to per- questions, about the bill that is on the everybody else. They are expected to form—is it 20 hours, is that correct, 20 floor. I know he was very involved in engage in job search. And if, after 2 hours of some sort of work? drafting it. years, even in this high unemployment Mr. BREAUX. Twenty hours. It actu- I guess it is more of a concern that I area, they are not working, they are ally goes into effect not after 2 years; have where I sort of see that the bill then expected to perform workfare, it goes into effect after 6 months. So falls a little short, and where we might community service in return for their that is a requirement that starts from be able to move again in a more con- welfare benefits. the very beginning of the program structive way forward. So when we are saying there are after 6 months, not after 2 years. The Let me start out with three basic some areas where there are not any community service, the 20 hours of areas. One is the exemptions to the jobs available, these people still have community work or workfare in their new Temporary Employment Assist- to engage in job search. And then, after local community, is something that is ance Program. The Temporary Em- 2 years, if they are unable to find a job, kicked in very early in the program, ployment Assistance Program is a new they have to perform community serv- not after 2 years, but after 6 months. program replacing the old AFDC pro- ice or engage in workfare in their local Mr. SANTORUM. I guess then my gram, which is the Aid to Families community. They still have to do question is, let us say you have some- with Dependent Children Program, something, in other words, to get the one who is a single mom with a couple which generally is conceived as wel- benefits. of children, and she is on the program fare, the cash grant to a mother, in Mr. SANTORUM. Would that be part for 2 years and has been in job search most cases, single moms with children. of what we would consider your—I and doing things that are required That program is eliminated under the guess it is called the Work First em- under the temporary employment as- Democratic leader’s bill and replaced ployment block grant? Would that be sistance part. She hits her 2-year limit with what is called the Temporary Em- under the Work First employment and then is required, to continue on ployment Assistance Program. But in block grant, after the 2-year transition with those benefits, to work. the bill, there is provided a whole laun- in that program? Now, my understanding from the par- dry list of exemptions to the time limit I am just trying to understand. ticipation requirements is that 30 per- on that program. Mr. BREAUX. It is a legitimate ques- cent of your caseload would be in that I guess I have a problem that the ex- tion. situation, is that correct, in the year emptions are so broad that it looks, to The short answer is yes, it is a re- 1996? So you are talking about 30 per- me, that there are very few people who quirement that after the 2 years, they cent would be in this transition pro- would actually be limited in time, have to engage in community service, gram, temporary program, and then under this program, to the 5 years. And workfare programs, located in that would eventually get into the block let me just read through some of the community. granted work program? Is that your major exemptions. In other words, what we are saying is understanding? No. 1 is an exemption for high unem- there is no free lunch. They are not Mr. BREAUX. I am not sure I under- ployed areas. High unemployed areas in going to be able to continue receiving stand the direction the question is the bill is defined as an area that has benefits for not working if they are ca- leading to in the sense that—— an unemployment rate of 7.5 percent or pable of working. Mr. SANTORUM. My understanding higher. I believe just about—— Mr. SANTORUM. Even if they are in is you have participation rates. We Mr. BREAUX. Will the Senator yield? a high unemployment area—I am going have participation rates in our bill and It is 8 percent. through the other exceptions here— you have participation rates in your Mr. SANTORUM. OK. even if their children are living with bill. Mr. BREAUX. We changed the date. other than a parent; even if you have a Mr. BREAUX. If I can respond to the Mr. SANTORUM. That is under the child who is ill or incapacitated, irre- Senator, I think the Senator may be revised legislation. I know even at 8 spective of all of these exemptions, misreading the amendment that is percent, because I have seen figures, after 2 years, you have to go into some pending with regard to participation. most major communities, at least in sort of community work program? Mr. SANTORUM. Now I ask maybe a 1994, would not have met that criteria, Mr. BREAUX. I would say this is one broader question. and would have been over the 8 per- of the areas that perhaps we agree on, How many people who go into the cent. So no recipient in that city, for State flexibility, because the State welfare program have to participate in September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12695 this new program as designed by the work requirements from 30 to 50 per- generous standard where usually only leader’s amendment? What is the par- cent. That is locked in with some ex- around a third has a disability problem ticipation—I know what it is in our emptions. that would make them ineligible for bill. We eventually get up to 50 per- Mr. SANTORUM. Let me understand work. cent, but we do not have exemptions. this. Maybe we are a little more dif- We do allow, I think, a fair amount of Mr. BREAUX. I think the Senator ferent than I thought we were. What flexibility. I just want to understand will find what we are trying to do in you are saying is you take the entire the difference, and the difference is both our bill and his is similar in that caseload of people that are on welfare, that you would require half of two- regard. We are talking about participa- and you say a certain number of them thirds to work. We would require half tion rates. We are talking about really are ineligible because of an incapacity. of the entire caseload. work rates, not participating in a pro- I think that is the term the current Mr. BREAUX. I respond to the Sen- gram. welfare law uses, ‘‘incapacitation.’’ We ator by saying under our bill, we are We feel we have enough programs out figure that that number is roughly a even tougher on those who are capable there. We are not judging the success third. So you take them out of the mix of working, because we are requiring of our bill on people participating in before you apply the 50 percent stand- by the year 2000, 50 percent are re- programs, but on participation in ac- ard? quired to work. That is 50 percent of tual work. We go from 20 percent up to Mr. BREAUX. Well, it is 20 percent. those eligible. 50 percent in actual work, in jobs, in That is correct. It would start from 20 The Senator from Pennsylvania is earning their benefits that they are re- percent up to 50 percent. saying his 50 percent is looking at the ceiving—not participation in the sense Mr. SANTORUM. Thirty. I think it is whole broad range, a larger group say- of participating in a job training pro- 30 in 1996, up to 50 percent in the year ing 50 percent of them. We are saying gram, but actually require working; 2000, just according to the numbers I that when you find the people who are they move from 20 percent up to 50 per- have here. able to work, let us make sure you get cent in a work program, actually work- Mr. BREAUX. On the work rates; the them to work. I think we are even ing. Senator is correct on the work rates. tighter than you are on that particular Mr. SANTORUM. So, again—and my Mr. SANTORUM. Right. So what you point. Mr. SANTORUM. I do not know how analysis here may be a little dated be- basically take is, let us say, 65 percent you can be tighter if you have a mil- cause I know you have revised your bill of the people who come into the pro- lion people—let us assume we have a and I may not have the current analy- gram, and then by the year 2000, half of million people in the welfare system in sis. That is why I am trying to under- the 65 percent must be in some sort of Pennsylvania, which is high, but let us stand. work program. say we have a million people, and we So those who are required to work, in On the Republican side, we do not say 50 percent of those people have to 1996, at least according to our 30 per- make that initial separation. What we go to work. That is 500,000 people. cent of the State caseload, would have say is that 50 percent of the entire Under your standard, we say 667,000 to be working in 1996? caseload, and it would be up to the are technically under your new pro- (Mr. THOMAS assumed the chair.) States’ discretion, and I am sure they, gram because the other 333,000 are in- Mr. BREAUX. That is correct. That in all likelihood, because of the ex- eligible right from the start, and if you is working; not in a program, actually pense of someone who has an incapac- take half of 667,000, you are now down working. ity of some sort, would not require to 333,000, not 500,000. So we are going Mr. SANTORUM. That goes up to 50 them to work. to have, in the case of a million, we are percent by the year 2000. Mr. BREAUX. Will the Senator yield going to have 120,000-some more people Mr. BREAUX. That is correct. on that point? working, required to work than under Mr. SANTORUM. And it is up to the Mr. SANTORUM. I yield. your bill. State to determine who those people Mr. BREAUX. Does not the Repub- Mr. BREAUX. Will the Senator yield? are that should be working or should lican bill have an exemption for moms Mr. SANTORUM. I will be happy to. not, which 50 percent. It is a State with children under 1 year old? Mr. BREAUX. I think what we are es- flexibility issue? Mr. SANTORUM. That would be the tablishing by our conversation, and I Mr. BREAUX. Very similar to the one exemption, but there is no exemp- think it is helpful in understanding the Republican proposal. tion for someone who has a disability two approaches, is that we both have Mr. SANTORUM. That is the point I or something like that. requirements of people who are now on was trying to make. On this issue, it Mr. BREAUX. Will you disagree with welfare to go into the work force. Even seems like there is some agreement that being a viable exemption? the percentages, I think, are ulti- that 50 percent is a fair figure and al- Mr. SANTORUM. My feeling is we mately the same: 50 percent by a date lows for some State flexibility in con- should allow the States complete flexi- certain. sidering the fact that roughly a third bility to deal with this issue instead of We both have exemptions as to who of the parents who are on the current the overall goal of what percentage of should not be forced to work. Ours are AFDC caseload are disabled in one way the entire caseload should be in work. more broad. We have people who are in- or another. They have a disability or I think 50 percent is fair of the entire capacitated, mothers with children their children are disabled or there is caseload, given the fact that we know a under 1 year old. You have fewer ex- some problem where they would not be substantial number cannot work. It is emptions. a good candidate for work and, there- usually around a third. That is what we I think the key point that needs to fore, would not be required under the found. We are even giving more of a be made here is that we require these bill to have a work requirement. We fudge factor of another 15 percent or people to be put to work, and we are allow the States the flexibility to de- more of people who can work, but we going to help the States fund the pro- termine that. are not going to require them to work grams that put them to work. The con- Mr. BREAUX. Will the Senator yield or the State required to put them to cern that I and other Democrats have at that point? work. about the Republican proposal is that Mr. SANTORUM. Yes. Mr. BREAUX. Will the Senator yield? it is an unfunded mandate in the sense Mr. BREAUX. We allow the States Apparently you made some decisions you are telling the States they have to flexibility because we believe, again, in that exemptions from the national meet these goals, but not providing maximum flexibility, but we have ex- level are acceptable. them any financial assistance in order emptions that are exemptions with Mr. SANTORUM. I said that would to meet it. That is a bigger question, which I think most people would agree. not be my preference. My preference and I think is a legitimate question for You are talking about people who are would be to have no exemptions at the discussion: How are the States going to ill, incapacitated, someone with a child Federal level. We allow the States the meet these goals with less help than under 12 months old. There are certain ultimate flexibility to determine who they are getting now? exemptions we feel should be there and is going to work and who is not, given Mr. SANTORUM. I will be happy to spell those out, but we still have the the standard of half, which is a fairly answer that question. I would really S 12696 CONGRESSIONAL RECORD — SENATE September 6, 1995 defer to the Governors of the States I think the discussion is good. I think are going to replace them now with that have come to us and have been there are some areas for us to meet in townhouses. Eighty-five percent of the very strongly in support of what we the middle. When I talk about a com- persons in the townhouses will be on have been putting forward. How they promise, I am talking about not just AFDC. Each will have a case manager are going to do it is, we are going to re- agreeing with the Dole bill. A com- from the Johns Hopkins School of So- lease them from all the Federal strings promise is your side moving a little cial Work. They will be very carefully attached to the current program. over to the middle of this aisle and our attended to and all these things. There What Governors will tell you is they side moving toward the middle on some will be townhouse case managers. How can run a much more efficient program of these things—we have some common many townhouses? There will be 317. than we can out of Washington through goals and we are close, I think—in Those are the realities. How many the States. I happen to believe—I had a order to reach an agreement that the hundreds of thousands of children in conversation just this past week with President can sign and that will ulti- Baltimore will be eligible? I plead to a my Governor from Pennsylvania, Tom mately be reform. I hope to continue to Senate that does not hear me on this. Ridge, a former Member of the House, work with the Senator from Penn- These numbers of people receiving wel- who feels very strongly if given the op- sylvania to reach that goal. fare benefits are beyond the capacity of portunity to design their own program, Mr. MOYNIHAN. Does the Senator the States and local government. Cut- given the existing amount of AFDC from Pennsylvania yield the floor? ting off the Federal commitment that dollars coming through, existing Mr. SANTORUM. I yield the floor. we have had for 60 years is an action amount of what was the Jobs Program Mr. MOYNIHAN. While the Senator bordering on mindlessness. And I make coming through, which is what is in from Louisiana is here, I want to say I the case with no very great expectation the Republican bill, they cannot only very much appreciated this exchange. of persuading anyone. design a better program, put more peo- It made me feel like we are back in Thank you, Mr. President. I thank ple to work, get more people off the 1988. my friend from Pennsylvania. This rolls, get people back into productive There are two things to say. One is morning, the Senator from Oregon and work in Pennsylvania at less money, that there is a participation require- I were going over these numbers. If that without the hoops they have to ment in existing law of 20 percent. It Philadelphia is 57, Detroit is 67. New jump through here at the Federal was put in the law in 1988—to be phased York, which is larger, is 39. level—I know the Senator from Oregon in to 20 percent—with the clear expec- Mr. SANTORUM. If the Senator will put up a chart earlier today about all tation that as the program took hold, yield—— the things you have to do to process the jobs program, it would move for- Mr. MOYNIHAN. I yield the floor. someone through the system—we now ward. In a bill before the Finance Com- Mr. SANTORUM. Mr. President, I say provide that flexibility for them to be mittee—which the administration has to the Senator from New York that I able to design their own system, which abandoned, and I grant that—we moved think he makes a strong point that we hope and I believe will be a lot more that rate from 20 percent, as antici- work programs are expensive to admin- efficient. pated, on schedule just about, to 35 per- ister. They are very expensive to ad- cent in 1998, to 40 percent in 1999, to 45 minister. It is a good question. It is one I think and then 50 percent in the year 2001. I chaired the Republican task force most Governors would say they would What we lose in so much of what is last year in the House as a member of like the responsibility, the opportunity on the floor right now is the specific the Ways and Means Committee that to design a program based on. I know Federal funding to do this. Governors drafted a bill that was different from the Senator from Iowa was up here just and mayors will look up in despair in 5 the bill that passed the House, but it within the last couple of hours talking years. provided a substantial amount more about what they have done in Iowa and I say to my friend from Pennsylva- money for work programs. In fact, I the fact they have cut caseload, they nia, there will be on the desk very think over the 5-year period in the bill have cut the amount of money in the shortly now the estimates for the pro- that I, in a sense, authored, we spent program. Why? Because they got a portion of children on AFDC, welfare, $12 billion more, understanding the ex- waiver to allow them to run their own in 1993. These are estimated, but they pense of doing so. So I have some sym- program. So we have seen, even with are fairly accurate. In Philadelphia, at pathy with what the Senator is saying the limited waivers that have been al- any point in time, 44 percent of the as to the problems States are going to lowed already, programs that have children are on AFDC. In the course of confront. spent less money, that have put more a year, 57 percent are. I am telling you, from the perspec- people to work and have been better for Now, those numbers overwhelm the tive of governors who I have talked to, the taxpayers and people in the sys- system. Thirty years ago, when it they feel comfortable that if we re- tem. I think we have seen a history would have been 10 percent at one time moved all of the restrictions, which in that we can do this if the States are and 13 over a time, you could say, all a sense in the Republican bill we do— given the opportunity to design a pro- right, Philadelphia, PA, you take care there are some, but very minimal—if gram. of this problem. I have watched it come we remove the restrictions in place, Mr. BREAUX. If the Senator will that these numbers overwhelm the they believe they can get sufficient yield on that point, Governor Thomp- city. These problems are so much deep- savings to be able to run a work pro- son, who I think has done a good job of er. gram in addition to the current AFDC trying to reform welfare in Wisconsin, On last Saturday in Baltimore—the program. I am hopeful that they can. I when he testified before the Finance Senator from Connecticut will be in- have my own skepticism. I hope they Committee, made the point very clear- terested in this—there was a kind of can. Given the budgetary realities, I ly that some States are able to do some public celebration as they blew up the think that is going to be something we of these things because they have the Lafayette Public Housing Complex in are going to challenge the Governors to financial wherewithal to do it. But downtown Baltimore. It happened in do. there are an awful lot of States, when Newark a year ago. It first appeared in If we did nothing with the AFDC pro- they face a 50-percent requirement of St. Louis, where the Pruitt-Igoe gram—that program is not doubling putting people to work with less money Houses were blown up in 1972. In the every couple of years or so. This is not coming from the Federal Government, city of Baltimore, it was announced, a program projected to dramatically they are simply not going to be able to and the mayor had the plunger, and increase, and it is not that we are not do it. they had T-shirts, and they made the keeping up with the skyrocketing That is why the concept of a partner- most of it. They described the housing costs. I do not have the numbers in ship, where the Federal Government as ‘‘warehousing the poor.’’ When it front of me—and correct me if you puts up a certain amount and the was built, it was a model complex. It have them—but my understanding is States put up a certain amount, a re- got awards everywhere. What a nice that I think, in the next 7 years, AFDC quirement that the States participate way to live, right downtown, and I was to go from $16 billion to maybe $18 financially, is so important. think they could see the harbor. They billion, something like that—maybe $19 September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12697 billion. It is an increase, but it is not I think we will see, and I think Gov- by Senator DASCHLE, Senator BREAUX, like the numbers on AFDC are growing ernors believe if you make welfare into Senator MIKULSKI and many others. I like we have seen on SSI and some a system that is a dynamic system am privileged to be a cosponsor of the other programs. In fact, we are seeing where people are going to have their so-called Work First plan, which really a lot of people on AFDC moving over to lives changed, turned around, back out, represents a genuine attempt at wel- the SSI. it is sort of—I think of the Wizard of fare reform. Mr. MOYNIHAN. Which is 100 percent Oz. When Dorothy got to the Wizard of Mr. President, before I speak about Federal money. Oz, before they saw the wizard, they this pending substitute, I do want to Mr. SANTORUM. And more, because went in and the scarecrow got stuffed say a few words about the colloquy the benefits are more generous. I sus- full of hay and the tin man got all that we have just heard and the com- pect we will see more people moving shined up. ments of the Senator from New York. from the AFDC rolls, in an attempt to If you see this as this program where This is a real test for this Chamber, claim some sort of disability to get you come in and try to change peoples for the body politic, as to whether we into the SSI. lives as a dynamic process, in a shorter can do what is right and what is rea- I suggest that given the fact that this scope as opposed to one that is more of sonable on the question of welfare. I program is not rapidly increasing in a long-term maintenance kind of sys- have yet to find, and I will be glad to many States—maybe New York and tem, you will see people opting out in present an award to, anybody who can Pennsylvania being two of them—we some cases, so we have lower caseloads. present to me an elected official who will see a leveling off and maybe even We have seen that happen in States will support the status quo regarding a decline where we have in those States that put those kind of requirements in welfare in America today. No one does. an opportunity to get work into these place, and we will see people on for less Everyone is for reform of one kind or programs and get significant cost sav- periods of time, because if the system another. The question is what kind will ings. And we have provided in this bill works well—I remember debating this it be. a growth factor of $1.5 billion, I think, in the House—if the system works well, Do we have the capacity to break out over the next 7 years for the higher people will not end up in the welfare of the business of competing images, growth States to tap into more money system, because if it works well, we even our own perspectives—sometimes to be able to deal with the increases in will get them ready for jobs and get accurate, sometimes skewed—on what is causing this dreadful problem not AFDC population. So we have not com- them back into job placements. pletely turned our backs to the possi- That, to me, is what we have to sort just of poverty but of the underlying bility of growth. of change—the entire psychology of problem of babies being born in in- We hope that with the combination what is going on here. I think what we creasing numbers to mothers who are not married, and who do not have fa- of the Governors being able to redesign have done is give States the flexibility thers? programs with some limited additional to do that in a way that we have seen That is the main way people get on assistance from the Federal Govern- in other experiments works very, very welfare, because it is aid for dependent ment, we can handle those States that effectively. children. One of the most frequent are having growth problems in AFDC. Mr. BREAUX. If the Senator will ways that one qualifies for welfare, is Mr. BREAUX. Will the Senator yield yield for a comment, I appreciate the when one is born in a situation where for a question? Wizard of Oz analysis. I am afraid it is one’s parents cannot support them. Mr. SANTORUM. Yes. more like an Alice in Wonderland ap- Over and over again in the millions— Mr. BREAUX. Here is my problem proach. not the thousands, but the millions— with the Republican proposal. We both Mr. SANTORUM. I have small chil- there are children being born to par- have the requirement that States put dren. ents unmarried and therefore needing 50 percent of the welfare recipients into Mr. BREAUX. Hopefully, we will see welfare. work by the year 2000. We are the same the merits of each other’s approach be- These are central challenges, not just on that essential provision. But the dif- fore the day is over and reach an ac- to our capacity to be reasonable and to ference is that your proposal does not commodation that does get the job break through the competing images provide the States with the funding to done. and politics and to do something do that. Mr. SANTORUM. I will be happy to thoughtful, to prove that Congress can Here is my concern. It is that if they yield the floor. legislate, break through the politics, do not have the funding to do that, Mr. LIEBERMAN. Mr. President, I shake up the system, make it work, they are not going to be able to meet thank my friend and colleague from make it reflect the values of the Amer- that target. Your response to that, as I Pennsylvania. ican people as the American people are understand it, is that we are going to I was enjoying and benefiting from so convinced it does not now—that is, eliminate the redtape we now have im- the thoughtful colloquy between the the welfare system does not now reflect posed upon the States. Senator from Pennsylvania and the their best values. Now, my question is, what type of Senator from Louisiana, and, of course, Mr. President, this is a welfare pro- redtape are we going to be eliminating as always, benefiting from the thought- gram that started with such good in- that would give the States the extra ful comments of the Senator from New tentions in the 1930’s and now is dispar- funding that they need in order to put York. aged by those who benefit from it and 50 percent of the recipients to work? I will say two things about what I by those who pay for it. It is a program What type of redtape elimination is just heard. One is that it is from this that has grown very, very large—bil- going to add up to those type of dollars kind of thoughtful colloquy that, hope- lions and billions of dollars every year. in order to meet the 50 percent require- fully, a bill will emerge that has a Part of what is at work here is our ment that we both agree is an appro- strong bipartisan base of support. We ability to prove as elected representa- priate target? will see whether that happens. tives of the people of this country that Mr. SANTORUM. Obviously, they can Second, I say to my friend from New we are capable of changing the status redesign the entire program. They can York who raised the question a mo- quo if they are not happy with it. A redesign eligibility criteria. They can ment ago of whether anybody is listen- problem that took 60 years to get into do a whole host of things that put re- ing, I am listening. I have always found will not be solved in 6 days or maybe quirements in that we do not have now. the Senator from New York to be right not even in 6 years. The effort did For example, you mentioned the on target on these matters. Sometimes begin with the Family Support Act, work requirement. Several States have the role of the prophet is not to have which I consider to be an act of genu- put in an immediate work requirement. the masses behind him, but if you ine welfare reform. I believe that the I think it is Wisconsin that did, and we speak the truth, ultimately they will Daschle substitute which is before the saw the number of people on welfare come to you. I think that is where we Senate continues that work. drop, by some enormous number like 20 are today. To me, with the prevailing mood in or 30 percent, like that because people Mr. President, I rise to support the this country of questioning the credi- did not want to sign up and work. substitute that is now pending offered bility, the legitimacy, the effectiveness S 12698 CONGRESSIONAL RECORD — SENATE September 6, 1995 of Government to step out and deal thers not accepting and carrying out majority. That tells us two things. One with real problems, part of the test what we would think would be the is the extraordinary number of chil- that we are facing in this welfare re- most fundamental, uncomplicated, nat- dren involved here. And second, the ex- form debate is a more general one, ural sense of obligation: to take care of traordinary cost of the program. I saw which is, are we capable of truly deal- their children. a number about a year or two ago that ing with this program that has gone off So, this program, as it exists, offends said in any given year we spent $34 bil- the course, bringing it back to be cost some basic American values. It chal- lion on children born out of wedlock. effective, to be helpful to people who lenges us to bring the program into That is an amazing number, $34 billion. are beneficiaries of the program, and to line with those values, to gather more That is the accumulation of funding to better reflect our values? support, to open the way for the Amer- support children from birth to 18. Let me deal with that second point. ican people to return to their basic na- So this program needs reform, but let Part of the great public anger about ture, which is to be charitable, which is us do it with a sense of humility and welfare is the perception, too often ac- naturally to want to help people who understanding about the human impact curate, that it does not reflect the best cannot help themselves. But the major- of what is happening here. of American values. When programs of ity of American people, I am afraid, Mr. President, let me come now to our Government, particularly ones as feel that welfare, as it exists now, the so-called Work First plan, intro- central and large as this one, do not re- takes advantage of their good natures. duced by Senator DASCHLE and many flect the values of the American peo- I think part of the challenge that we others of us. I think this is real reform ple, we lose their support. It is as sim- have is to break through and reform that would improve the lives of welfare ple as that. this program, genuinely reform it so it beneficiaries, break the cycle of de- What is a great basic American reflects the values held by most Ameri- pendency, better serve the taxpayers of value? We speak about it so much it cans and once again liberates their bet- this country, and better reflect the val- loses its meaning. It is work. It is work ter natures to care for those who can- ues of the American people. The pri- in the broader sense, in the sense that not care for themselves. mary welfare program in this country, this is an impulse that drove so many I will make one final point in this AFDC, is failing in what ought to be its of our parents and grandparents and opening, general part of my statement, most important task—moving welfare great grandparents before them to Mr. President, which is this. The Sen- beneficiaries into the work force. We come to this country. Not just, of ator from New York touched on this as have seen some improvement as a re- course, the dream of political freedom he talked about the extraordinary per- sult of the jobs program coming off of which impelled millions of Ameri- centages of children in various of our the Family Support Act. This Work cans—millions—to emigrate to Amer- cities who are at one time or another First plan continues that improvement ica, but the dream of economic oppor- on welfare, AFDC: 47 percent, 67 per- by changing the strategy and devoting tunity, the understanding of people cent. These are astounding numbers, the resources for moving real people who came from feudal, oligarchic, un- but they bring me to make this point. into real jobs. fair economic systems where they had I want to urge my colleagues here to This proposal would also give welfare no opportunity that America was the go forward with a certain sense of hu- beneficiaries some genuine incentives country where, if you worked hard, mility and caution, understanding that to break the cycle of poverty, give there was nothing you could not as we reform welfare we are not dealing them the same incentives that we have achieve. The welfare system seems to here with widgets. We are not dealing associated with characteristic Amer- have turned this on its head, motivated here with constructs of wood and metal ican values instead of trapping them, by good intentions, charitable inten- and paper. We are dealing here with enslaving them in dependency by dis- tions at the outset, and created a sys- people, and particularly with millions continuing current programs that re- tem that does not encourage work, of children—if I may say so, millions of ward single parents who do not work, that seems at times to reward the op- God’s children—whose fate it was, do not marry, and have children out of posite, and that offends the great ma- through no act of their own, to be born wedlock. jority of people who are out there, poor, to be born, in the majority of These are steps that many of us on working hard, who, too often in the cases, with only one parent accepting this side are united in taking because last decade or two, do not see their any responsibility for them. the existing system really does con- standard of living going up but do see So, as we go forward, understandably tradict our most cherished values and themselves paying large tax bills and in the direction of reform, I hope we contributes to society’s most serious believe in their minds, understandably, will remember that it is these children problems. The Work First plan actu- that a lot of that money they worked who are going to be affected and that ally replaces the AFDC program, so hard for goes to people who are not they are innocents. Let us innovate, let welfare as we have known it will not working as hard, not reflecting the val- us demand, let us come down hard on exist if the Daschle substitute is adopt- ues of work in this country. those whose misbehavior is the cause ed. It replaces AFDC with a Temporary Family, in this society and other so- of this system that in so many ways Employment Assistance Program that cieties, the core unit, the basic, primal has failed. But let us not punish the is focused on putting people to work. It sense of responsibility, the kind of nat- children. And let us not leave the gives States the flexibility and the in- ural division of familial labor between streets of our cities and towns full of centives they need to successfully man and woman, mother and father, is children for whom no one will take re- move people into the private sector for destroyed in our society in numbers, as sponsibility. We do not want a country jobs. the Senator from New York has point- like that. It also addresses two of the key ed out, that we do not find—I have Mr. MOYNIHAN. Will the Senator causes of welfare dependency that I heard him say this—in other societies. yield for just a question? have spoken about. Through child sup- Increasing numbers, more than a third Mr. LIEBERMAN. Certainly I will. port enforcement it finally forces dead- of the babies, as I said before, are born Mr. MOYNIHAN. I know he would be beat dads to assume at least their fi- in this country every year with no fam- aware, he is speaking so well, so feel- nancial responsibility, and it starts a ily, a mother living alone without a fa- ingly and wisely, that in 1992 the num- major national campaign to reduce ther, a desperate situation causing all ber of children born to unmarried out-of-wedlock births, particularly to sorts of problems for our society in- women was 1,224,876 souls, one and a teenagers. cluding contributing greatly to the quarter million children in 1 year. Mr. President, others have said it but problem of crime and violent crime. Mr. LIEBERMAN. I say to the Sen- I will say it again, and it is very impor- But the point I make here, as I speak ator, the numbers are overpowering. Of tant to say. While preserving the kind about values, is that of the basic value course, remember, as we think of the of guarantee that those who are genu- of parents caring for their children. Let accumulated welfare rolls, we are talk- inely poor and unable to work will re- me focus on the fathers, whose absence ing about those children, in a sense, ceive some benefits, the minimum as- is the cause of so many millions of times 18—it comes out to a little bit sistance consistent with what I have mothers having to go on welfare, fa- less—but until they reach the age of described as America’s best charitable September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12699 nature, the Work First substitute ends Senator Dole’s bill. These requirements Finally, Mr. President, this Daschle unconditional welfare benefits. Each for the States did not require the substitute incorporates very strong person receiving assistance will have to States to move beneficiaries into jobs, child support enforcement legislation sign an individualized personal as I read the original proposal. That which Senator BRADLEY and others in- empowerment contract. This is some- has now changed. And work standards troduced earlier this year. I was privi- thing new that has come up from the very much like those included in the leged to be a cosponsor of it. I was at- States. Daschle substitute are now included in torney general of the State of Con- As the Senator from Iowa indicated the Dole bill. And there, I hope, is one necticut, before I was honored to be earlier, if the recipients do not comply common basis from which we can build. elected by the people of my State to with the contract—in other words, you Mr. President, the Daschle substitute serve in this body. One of my respon- do not just get the benefit but you also tackles the critical problem of sibilities was enforcing child support have to promise in a signed contract to teen pregnancy. Unmarried teen par- orders. I was startled, as I went do some things in return, including, of ents are particularly likely to fall into through the files—thousands of them— course, looking for work from day one long-term welfare dependency. More to see the degree to which men who on welfare—then the beneficiaries will than one-half of welfare spending goes had fathered children refused to accept lose some, and ultimately could lose to women who first gave birth as teens. fiscal responsibility, financial respon- all of their benefits if they do not com- This legislation, among other things, sibility for those children, and found ply with their end of the bargain—mu- requires teen mothers to live at home 100 different ways to try to avoid or tual responsibility. and helps communities establish super- make excuses for not doing so. While the contract may include some vised group homes for single teen The legislation that is part of the training for education, the emphasis is mothers; that is, second-chance homes. Daschle substitute will make it easier going to be on work experience. All re- Mr. President, within the last couple for States to locate absent cipients will be required to search for a of years, I have been so perplexed by noncustodial parents; that is, parents job from day one. Eligibility for bene- this problem of babies being born to not having custody of the children, al- fits is going to be limited to 5 years, al- unmarried mothers. I have spent some most always the fathers. It will also though children whose parents reach time visiting programs in Connecticut, make it easier for States to establish this time limit will still be eligible for visiting with teens, trying to under- paternity. Science has been a great vouchers to enable them to receive stand how this has happened, how these help here in facilitating the establish- basic sustenance. This I think reflects numbers have skyrocketed as they ment of paternity through blood tests, the principle, the value, that I de- have. I do not have any conclusive an- and also establishing a court order and scribed earlier, which is that these are swer. But one thing I found in some of enforcement of court orders. The tough kids. These are innocent kids. Let us my conversations with young women child support enforcement system will not punish them more than they de- who have had babies while they were help keep millions of children out of serve while we are trying to solve this teenagers is when you ask them, poverty and off welfare. It is a simple problem, and unintentionally create a ‘‘Why? Why did you do it,’’ it is very statement. It is as simple as the fact greater problem for our society. interesting. Almost every time I have that when babies are born to unwed States under this Daschle substitute mothers, they are much more likely to must focus this program directly on had this conversation, the mothers will say, ‘‘I love my baby, but I wish I had end up on welfare. But the fact is that placing people in private sector jobs. if fathers took care of the children, so- As has been discussed in a colloquy be- waited.’’ Of course, in that, they are acknowledging that it is not only the ciety would not have to do so and the tween the Senators from Louisiana and welfare rolls would go down. Pennsylvania, the bill requires States child born to the unwed mother in pov- Of course, these tough child support to have at least 50 percent of their erty that suffers. It is the mother, enforcement laws will send a message caseload working by the year 2001. It whose dreams are severely restricted as of responsibility to would-be deadbeat moves away from telling States how to a result of suddenly having a child to parents, deadbeat dads. In an era of succeed and instead rewards results. care for. skyrocketing out-of-wedlock births and States that have high private sector But once you get beyond that, and rising teen pregnancy rates, child sup- job placement rates will receive a fi- they say they wish they had waited, port payments must become a clearly nancial bonus. and you ask why this happened, some Mr. President, the work require- just give the obvious answer. ‘‘I did not understood, highly visible, and un- ments in this bill are tough, and just as use birth control.’’ I found others say- avoidable fact of life for absent par- important, they are funded. We under- ing that they did it intentionally. They ents. In other words, these absent par- stand that child care assistance is the had the child because they wanted to ents must live in fear of their local critical link between welfare and work. get out of their homes. They wanted to prosecuting attorney or attorneys gen- Unlike the alternative proposal, this be independent. And they knew that if eral coming after them to make sure substitute gives States the child care they had a baby, they could receive that any money they earn will go in a funding they need to put people in jobs welfare payments and that would be substantial degree to supporting the and move them off welfare. the basis for establishing their inde- children they have fathered. Mr. President, I noted a discussion pendent residency. Obviously, that is a Mr. President, I will have an amend- among my colleagues a short time ago sad and sorry commentary—I shall ment that I will introduce later in the about the importance of trying to leave it at that—as a motivation for proceedings that expands the effort to achieve a bipartisan result. I could not bringing a child into the world. deal with teen pregnancy, building on agree more. I recall the Senator from But this Daschle substitute gets to some work done by Kathleen Sylvester New York indicated the overwhelming that problem by removing that motiva- of the Progressive Policy Institute es- bipartisan support for the Family Sup- tion, by requiring teenaged mothers to tablishing a highly visible national port Act of 1988. live at home or live in the supervised campaign to cut the rate of teenage As you look at these bills, as I have, group homes, if their home is not a births, setting goals for States, giving there is a lot that holds them together. suitable environment, and by requiring them some money to innovate with There is a lot in common. I hope we teenaged mothers to remain in school programs to cut the rate of teen preg- can build on that common base in the or in a training program, all as a condi- nancies, and rewarding them as we do next week as we move toward passing tion of receiving welfare benefits. No with regard to placement of people in legislation. In some ways, it has actu- longer will there be a blank check re- private-sector jobs when they achieve a ally been quite gratifying to watch the gardless of the behavior of the recipi- reduction in teen pregnancies. bills change, and in this sense, watch ent. Instead, we will demand mutual One of the dreadful facts that comes Senator DOLE’s bill as it has evolved. responsibility. Society will try to take out as we go over this problem of teen The first major change, as I see it, was care of your child. We will try to help pregnancies is that a remarkable per- related to the so-called participation you out of dependency, but only if you centage of the babies born to teenage requirements in the original version of make the effort yourself. mothers have been fathered by men S 12700 CONGRESSIONAL RECORD — SENATE September 6, 1995 who are considerably older. So the vi- their covers. News Week on its cover to repeat it if I may, which is that sion that we may have of two reckless had welfare. ‘‘WELFARE: There Must there is a way in which the collapse of teenagers casually creating a baby is Be a Better Way,’’ it said of the Presi- the family opens the door, in the meta- not the norm. As I understand it; it is dent’s program, ‘‘It will constitute a phor that the Senator has used, to the men who are typically older than these humanitarian achievement unrivaled further collapse of the family. And we teenaged girls who, in a setting that is since the New Deal.’’ It was not hu- are, of course, generalizing here. There often abusive, exploitive, or overpower- manitarian enough for Democrats; too are many circumstances where this ing, are fathering these children in acts humanitarian for some Republicans. does not take place. But if you have a that from a legal point of view are pure The cover story of Time was devoted situation where babies are born to un- and simple statutory rape. to ‘‘The Welfare Maze.’’ It began: ‘‘The married women and there is no father And there is not much we can do U.S. welfare system is a living night- in the house, then as the baby, if it is from Washington to deal with that ex- mare that has reached the point of the a girl, grows up, will the mother be cept to—and my amendment will have involuntary scream and chill awaken- able to alone protect the child from a some element to it that will—try to en- ing.’’ That is how Time began its issue. man who may be a predator? And I un- courage the States, the local prosecut- The cover story of US News & World derstand it is much more complicated ing attorneys, the district attorneys to Report: ‘‘Welfare Out of Control—Story in many cases than that. be very aggressive in working with the of Financial Crisis Cities Face.’’ But there is a way in which nature welfare authorities to once again take Now, in that year, sir, the illegit- has created this unit, and we all have statutory rape as a serious crime and imacy ratio for the nation was 11.2 per- our roles to play in it. The single, poor to prosecute it, understanding that cent. It is now three times that, the mother may be ill-equipped to alone this is done to deter adult men from number of children born in that cir- defend her child, against a man whose committing a sexual act that will re- cumstance. Where we have 1,225,000 intentions are not good. The Senator is sult in a child born to poverty, who to today, in 1971 it was 400,000. It is three right, we do not enforce these statu- a devastating degree is likely to end up times, almost, that ratio. The ratio has tory rape laws anymore, but they are a part of the criminal problem in soci- increased by a factor of three, the num- statutory. These acts are illegal, and ety. ber of children by a factor of three. they are illegal for a good reason. The So I hope we can begin to take from That is the central phenomenon. consequences are disastrous, and I these statistics of the ages of the men I think the Progressive Policy Insti- think if we can put some fear out there who are fathering too many of the chil- tute has been very helpful in this re- by more vigorously enforcing these dren born to teenaged mothers, some gard. There is this phenomenon of stat- laws, we not only will be doing what is attempt to build a genuine national ef- utory rape. As deviancy gets redefined, right, but we may actually have an ef- fort among prosecuting attorneys to we do not think much of that anymore. fect on the rate of out-of-wedlock look at the seriousness of a crime that But it is still law. births. in an age of permissiveness has been Mr. LIEBERMAN. That is right. I thank the Senator from New York. winked at, which is statutory rape. Mr. MOYNIHAN. What would the I personally thank the Senator from In conclusion, Mr. President, I think Senator hypothesize? Would the Sen- Pennsylvania, not only for the this Daschle substitute, the Work First ator hypothesize that the households thoughtfulness of his earlier com- plan, is true welfare reform. It does de- in which the children grow up no ments, but for the kindness of yielding mand responsibility from parents while longer have anyone who will defend the floor to me. I went on a bit longer providing continued protection for them? ‘‘You can’t come in here. And than I expected to, but I appreciate children, and it does address the two you will please go out there and close very much his kindness to me. key causes of welfare dependency—teen the door behind you.’’ Mr. SANTORUM addressed the Chair. pregnancy and unpaid child support. It Lee Rainwater, a whole generation The PRESIDING OFFICER. The Sen- does reflect the values of the American ago studying the public housing in Pru- ator from Pennsylvania. people. And it does take on the welfare itt-Igoe in St. Louis, wrote an essay on Mr. SANTORUM. Thank you, Mr. status quo, building on the work of the the feeling within a household, ‘‘Can President. I thank my friend, the Sen- Family Support Act, and really does you say no to someone who wants to ator from Connecticut, for his thought- amount to genuine welfare reform. I come in?’’ A thought that perhaps ful comments and for his kind remarks understand that over the next week we would not occur to many persons here. about me. I look forward to working will hear conflicting views on this sub- Close your door at night, and that is it. with him and others in, again, trying ject. But I can only echo the senti- Close yours, and I close mine. to craft what I believe will be a biparti- ments expressed earlier in this Cham- The French sociologist, Henri Berg- san solution to this problem. We may ber, let us cut through the politics, let son spoke at the turn of the century of not get the resounding vote that we got us get to the heart of the problem. And society becoming a dust of individ- in 1988 in this Senate on this measure, let us see if we can, as happened in uals—no ties. I think this new data on but I think the measure that passes in 1988, resoundingly adopt a true welfare ages of the fathers suggests that. I the Senate this year will be quite sig- reform proposal. I thank the Chair and think you are absolutely right; if any- nificantly more dramatic than what we I yield the floor. body could mobilize the attorneys gen- did in 1988. When you stretch the enve- Mr. MOYNIHAN addressed the Chair. eral, the Senator from Connecticut lope, you leave more people behind. The PRESIDING OFFICER (Mr. could. I will certainly support that There is, in a sense, less consensus. THOMPSON). The Senator from New amendment. I look forward to it. And I I think it would be easy to craft York. thank you for your comments. I know something that is watered down that Mr. MOYNIHAN. I thank the Senator the Senator from Pennsylvania would could get everybody’s vote here, but I from Connecticut for his extraor- agree we are trying to reach some un- do not think we would accomplish dinary, moving, judicious, serious com- derstandings here. We have under- what we set out to accomplish, which ments. I know his capacity for some- standings. And where we have different is truly reforming the welfare system. times biblical patience, and I also assessments, well, that is why we have I am hopeful we can stretch the enve- know his capacity for indignation when the Senate. lope, be bipartisan and really help mil- things have gone on for too long. We Mr. President, I yield the floor. lions of Americans get out of poverty. have been too long on the subject. Mr. LIEBERMAN addressed the I rise to just finish up on some of the In 1971, a Republican President, Chair. comments and discussion I was having President Nixon, had proposed a guar- The PRESIDING OFFICER. The Sen- with the Senator from Louisiana. He anteed income as a substitute for this ator from Connecticut. asked, really, the question that is subject. It was H.R. 1 in the House of Mr. LIEBERMAN. I very briefly want asked probably most about the Repub- Representatives. And it happened that to thank the Senator from New York lican proposal, which is how are States on February 8, 1971, all three of the for his kind words. He has made here going to be able to put people to work then major news magazines—and still what is to me a very important point, and run these work programs and, at those—had the subject of welfare on a very stunning point, and I just want the same time, do that, which is very September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12701 expensive, with a flat amount of fund- out the door, but it is care and concern Mr. SANTORUM. Bureau of Labor ing, given that some States are going and cooperation and an intensive desire Statistics. to see increases in poverty population? by the people in the system to see that Mr. WELLSTONE. And the Senator I mentioned the fact those States that person who walks through that door is concerned they continue to do the do experience increases, we do have a who has had a tough run of luck in a surveys? I do not quite understand the pot of money there that would help problem situation get that kind of as- Senator’s position. them. sistance they need to turn themselves Mr. SANTORUM. No, no. In the What about just dealing with the in- around. Democratic leader’s bill, what they creased cost of providing for a work I have another comment I want to have done with their most recent modi- program? I cite an example of River- make about the discussion I had with fication is eliminate the boundaries for side, CA. The Senator from New York, the Senator from Louisiana. determining who would be eligible for on many occasions, has cited Riverside, Mr. KERREY. Mr. President, will the the exemption from the 5-year limita- CA, as an example of an existing pro- Senator yield just to make a unani- tion. And so—— gram that seems to be having some mous consent request for staff on the Mr. MOYNIHAN. Mr. President, I ask good results in a work-related pro- floor? unanimous consent that I may be al- gram, the GAIN program, and other Mr. SANTORUM. I yield the floor. lowed to address the Senator from Members on the floor have done the PRIVILEGE OF THE FLOOR Pennsylvania directly. same thing. Mr. KERREY. Mr. President, I ask The PRESIDING OFFICER. Without I just state for the RECORD that in unanimous consent that Debra Wirth, a objection, it is so ordered. Riverside, and I will add Grand Rapids fellow in my office, be granted the Mr. MOYNIHAN. I will check this out and Atlanta, those three programs privilege of the floor for the duration and have an answer for you directly, combined, which have gone into a pro- of the welfare debate. but I believe the actual surveys of gram that is a work program that re- The PRESIDING OFFICER. Without household unemployment are done by quires a substantial investment of time objection, it is so ordered. the Bureau of the Census and the data and energy on the part of the welfare The Senator from Pennsylvania. is analyzed by the Bureau of Labor recipient, is this dynamic program that Mr. SANTORUM. Mr. President, Statistics. And I think you are on to a I believe the States would go to under what we talked about was the 8 percent point which should be resolved. I will the Republican proposal. figure as any area of what I thought do my best to do so. I thank the Chair. In those areas, what we have seen is was a Bureau of Labor Statistics area, Mr. SANTORUM. I thank the Senator a dramatic cost savings. So, assuming which is a geographical area defined by from New York. There are two addi- that this could be replicated on a State the Bureau of Labor Statistics as an tional points I wanted to make. No. 1, level, we are seeing flat funding, yes, area they will then determine the num- I stated before there would be many but in these three communities that ber of people, the percentage of people cities that, for potentially the foresee- put this program in place, this work re- in that area that are unemployed. able future, unfortunately, people in quirement and other kinds of dynamic If those areas are above 8 percent, in those cities would not be subject to the turnover off the welfare roles back into the Democratic leader’s bill, those peo- time limit under the Democratic lead- productive society, there was a 22 per- ple who reside in those areas that have er’s bill. I point to the cities of New cent reduction in AFDC—22 percent re- an unemployment rate of over 8 per- York, which has an 8.7 percent unem- duction in AFDC. Not flat, not an in- cent, that time in which they live in ployment rate; Los Angeles, which has crease. They saved 22 percent in costs. those areas of high unemployment does a 10.6 percent unemployment rate; Their caseload went down 16 percent not count toward their 5-year limit. In there is an 8.2 percent unemployment overall. Food stamps went down 14 per- fact, it can be indefinite. rate in Washington, DC; Detroit has a cent. What I found out was that, yes, it 10.8 percent rate. Those are a few cities So to suggest that we have to pump was 7.5, they raised it to 8, but they where the unemployment rate exceeds in more dollars to accomplish this pur- eliminated the requirement that they 8 percent. As a result, under the bill pose of putting people to work I do not had to be a defined Bureau of Labor put forward by Senator DASCHLE, none think meets with the numbers. And, by Statistics area, that the State could of the people living in those cities the way, Riverside, CA, had a 9 percent now define what the area would be. It would have any of their time limit unemployment rate at the time. So we could be an entire State. It could be a being worked off during those periods have the exemption for anything over 8 portion of the Bureau of Labor Statis- of high unemployment. percent that you do not have to go to tics area. It could be a neighborhood. So you could have, potentially, in a work, you do not have to go to work in What it does is it makes this deter- city like Detroit, which has histori- the temporary assistance program. You mination completely arbitrary on the cally had very high unemployment can do it. part of the State, potentially even in- rates, no time limit for people who live I can tell you, I come from south- decipherable, because you could have in those cities. You are not talking western Pennsylvania. We have had literally neighborhoods picked out or about small or insignificant welfare some very tough economic times and communities picked out. populations. You are talking about continue to have them. I can tell you I think it is poor policy, but I think New York, Los Angeles, Detroit, Wash- there are lots of people who say, it creates a huge loophole in this whole ington, Miami, and many others. You ‘‘Look, there are jobs out there, you area of exemptions from the time limit are talking about a very large percent- just have to go out and find them and on welfare, not a step in the right di- age of the caseload that will never, po- be willing to work and go do it. It rection. They gave with one hand and tentially, be time limited or will be proves the case that, No. 1, there are took away with the other. They gave time limited to 10 or more years. That jobs out there and you can save money by increasing the unemployment rate is a big loophole in this bill, let us in the process and run a better pro- from 7.5 to 8 percent, and then they make no mistake about it. I believe gram that is being lauded by both sides said we will define where the area is, that needs to be addressed. of the aisle. we will not use the current Bureau of Mr. WELLSTONE. Will the Senator So the numbers of what we have seen Labor Statistics area, we will let the yield? of what has been successful in this States determine what they mean. Mr. SANTORUM. I yield to the Sen- country prove that you can run a pro- That really does take away any real ator from Minnesota. gram with less money, get people off change in that policy. Mr. WELLSTONE. What the excep- welfare into work even in high unem- Mr. WELLSTONE. Will the Senator tion is saying—I agree that in the big ployment areas. I think what we have yield for a moment? cities you have an unemployment rate seen is you have these programs that Mr. SANTORUM. I will be happy to. at 8 percent and many higher. That really do focus on the individual, and Mr. WELLSTONE. Does not the Bu- does not tell us anything about self- they provide what the individual needs. reau of Labor Statistics—who does the employment, part-time workers, dis- That is not a check the first of the survey right now on unemployment, of- couraged workers, which is much high- month and, ‘‘Thank you, ma’am,’’ and ficially? er. Why is the Senator so troubled by S 12702 CONGRESSIONAL RECORD — SENATE September 6, 1995 this when it could be a mother with country because of difficulties in un- see is what most on that side would small children who could be penalized employment is an unwise move. consider welfare and SSI and AFDC if they live in a community with high Mr. MOYNIHAN. Will the Senator and child care. A lot of those—in fact, levels of unemployment—unofficially yield for a question? most of those go up in spending. What defined unemployment? You keep call- Mr. SANTORUM. Yes. we see is most of the savings really ing that a loophole? Why does he see it Mr. MOYNIHAN. In making a being gathered out of the Food Stamp that way? thoughtful point and comment, he Program. I say those, over a 7-year pe- Mr. SANTORUM. What I think is im- would be aware that the GAIN program riod, are rather modest compared to portant in this whole debate is an un- in Riverside, CA, is a program devel- what the Republicans suggest. I think derstanding that the work requirement oped under the Family Support Act? we had about 50 percent more in sav- provision in the bill is not a penalty, it Mr. SANTORUM. There have been ings under the Food Stamp Program. is an opportunity. It is an opportunity many experiments done under waivers So it does not meet with what I think for people who have not had the chance under the Family Support Act. most would see as what is necessary to to go out to find work, in many cases Mr. MOYNIHAN. If I may put it in get Government spending under con- to be placed in a work program so they question form. He might know that in trol. the summer of 1992, President Bush vis- can go out and be productive and learn I say that even under the Republican ited Riverside and was making a point skills and, in many cases, because you bill, spending goes up dramatically in that it seemed to be working and is have people who have never had jobs virtually all these programs. I know catching on. I rushed to the floor with before, they can learn what it is to get the block granted AFDC Program does a photograph of President Reagan sign- up in the morning and get their chil- not go up and the child care program ing the Family Support Act and shak- dren ready for day care, or for someone does not. But the rest of the pro- ing hands with then-Governor Clinton, else to come into the house, and get grams—the SSI, Food Stamp Program, who was head of the Governors Asso- yourself to a work site, work an 8-hour everything else—goes up at very dra- ciation at that time. He and the Gov- day, and get home and again provide matic rates. In fact, we are talking ernor of Delaware, now our colleague for their children. That is an experi- about a very minimal reduction in the in the House, worked together on a bi- ence that, unfortunately, many people spending on welfare in this country. If partisan basis. I just wish that we in our society have not experienced. this was being judged solely based on would be conscious of this. I do not ask That is a very valuable one. I add that how much money we are saving on wel- the Senator to agree. But I am saying it is something many people in our so- fare, I think both proposals in the eyes we have something working, and we ciety have never seen a parent do. They of the American public would be con- may miss it. have no idea what it means to grow up sidered a failure. This is not a big cut Mr. SANTORUM. If I can, I say to the in a house where they never saw that in welfare spending. We are just barely distinguished Senator from New York happen. curving the rate of increase in welfare. that there are isolated instances where So it is important that we provide to the current law is working and, I I think given the dramatic nature of everyone the opportunity to work and think, from social science evaluations, these proposals, that may be the best that we require it, in a sense, and that modestly working. We have come in we should do. As I had the discussion we say that this is a temporary pro- welfare to expect that modest improve- with the Senator from New York, gram; this is not a program that is ment is as good as we will ever get. transitioning people, making the pro- going to go on and on. Welfare is not a Maybe that is the case. I am not satis- gram a dynamic system is expensive. maintenance system where we provide fied with that as a benchmark for the We are turning a system where you ba- for people in poverty for indefinite pe- ceiling. I think what we need to do is, sically have someone behind a com- riods of time, but it is a dynamic tran- as I said, to stretch the envelope. puter cranking out checks to people sitional program that prepares people While the Family Support Act of 1988 who come and show up and verify cer- to get from a position where they can- did create a window of opportunity for tain things, and they get a check or not work, or they are not prepared to certain areas to get waivers and to try stamp and leave. That is not a lot of work, to a position where they will and new things and to engage in work and time consumed by that person, not a do work. That is lost if you provide other kinds of things, which we believe lot of effort involved. what I call ‘‘impoverishment zones,’’ on this side and I know many on the When you are taking that system not ‘‘empowerment zones,’’ where you other side believe is the way to go, we from a maintenance processing system basically tell a group of people that be- believe it needs to be more dramatic, and turning it into a system where you cause you are in a big city that has that we need to do more and try new actually sit across the table from high unemployment, we have no expec- things. That is what this Dole-Pack- someone and try to figure out what tation that you will ever be able to find wood bill does, I think, and does it in a their problems are and how you can work, and therefore you can stay on very dramatic way. help them and what we need to do to welfare. But the rest, everybody else, The final point I want to make is on change their lives, that takes energy, we will change the system for you. But the cost side. I know the Senator from it takes time, it takes resources. you in Detroit and you in the City of Minnesota is here. I say to my col- To suggest that we can change wel- New York, you cannot make it, and we leagues on the Republican side, it is fare at the time that we can slash it or do not believe you can, so we are going getting rather lonely over here. There cut it dramatically, I think would be to sort of write you off. are plenty of opportunities to speak on unwise. We have not done that on this I do not want to write anybody off. I this issue. I hope that those who have side. In fact, I have not heard a lot of think everybody should have the same comments will come to the floor and comments on the other side about how level of expectations. As I cited before make their comments and debate this we are slashing welfare. The reason is the Senator from Minnesota came to very important issue. There are no because we are not. Welfare is going to the floor, the Riverside, CA, example, speakers on this side at this point. I grow fairly dramatically over the next where during the period of time of the say to those listening, if you have 7 years. GAIN program they experienced a 14 statements you would like to make, It will be different. It will be dif- percent drop in food stamps, a 16 per- this is a good time to come down and ferent than anything we have ever cent drop in caseload, and a 20 percent make those. seen. I think it is worth a try. We may drop in AFDC, and they had in excess I say, with respect to the cost esti- come to the point in time where we of 9 percent unemployment. People mates on this program, what we see is look at what has happened with this were getting off the rolls, getting to really a cost-neutral program on the bill, if it is successful, and I believe it work, doing the things that many on part of the Democratic leader’s bill will be, and all the attempts will be both sides of the aisle said is a success- when it comes to welfare spending. The made and all the different projects will ful program. bill saves, over 7 years, roughly $20 bil- be tried by the different States, you So I believe it must happen. I think lion. But $19 billion of the $20 billion in might find out we get modest gains at to write off particular areas of the savings is in food stamps. So what we best, or we get no gains. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12703

We may have to step back and say, is want to ignore some unpleasant facts, Senator MOYNIHAN said today during it worth it? You have some writers in some unpleasant realities. the caucus meeting was really the an- this town who are suggesting that we My colleague from Pennsylvania swer to the question: We did it. We should just give up. That it is not talked about opportunities. Well, we passed that legislation. But, we did not worth trying any more. It is not worth will take the minority leader’s bill. If follow through on the commitment, spending the money. We may be there. there is an 8 percent officially defined and that is what happened. I think it is worth a try of a different unemployment, there are many more He then went on to say, and this is way, and what we have suggested here people who are working part-time who exactly how I feel about this debate, in this bill is a dramatically different are not counted. There are many peo- that we should not pass a piece of legis- way of dealing with this problem. It is ple who are discouraged workers who lation that ends the basic commitment truly ending welfare as we know it. have dropped out. If you have that high that there will be support there for Welfare will no longer be the image of of an unemployment rate—by the way, families, for single parents and chil- someone showing up and receiving a in some of our cities it is higher than dren. The support has got to be there, check, but almost go back to the image that, than there is not really an oppor- it will not just be block granted to of the Depression when we had the tunity for a single parent, usually a States who can pretty much do what WPA—can the Senator help me? mother, to find a job, but she gets cut they want to do. Mr. MOYNIHAN. The WPA and PWA. off welfare anyway, regardless of the It does not matter whether there is a Mr. SANTORUM. And programs employment conditions in the commu- recession or not or what kind of re- where you saw it more as a dynamic nity. sources are invested, if we end that program where people were there to do How can that be called an oppor- kind of commitment, that is a commit- things, to make a positive contribution tunity? That is not an opportunity. Of ment we made as a nation, then I will to their community. course, part of what is bogus about this tell you exactly what is going to hap- I am hopeful that is what will result reform effort is that if you look at the pen. It is easy for Senators to tell us in this. I am very optimistic that we job opportunity structure and you look this is an experiment. ‘‘Gee, we think can find, I think, very solid support at some of the communities where we this is going to do a lot better.’’ It is from the Republican side and a signifi- have large numbers of welfare mothers, not them. It is not their families. I will cant number of Democrats to pass this the unemployment level is so high, the tell you what is going to happen. I will Dole bill or something very similar to under-employed level is so high, that, predict it. We will have many more it and do it while being very kind, I as a matter of fact, there is no evidence children among the ranks of the home- think compassionate, in the truest whatever that the jobs are going to be less. And then we are going to ask our- sense of the word, compassionate with there that these women can support selves the question: How did that hap- the people who find themselves in- their families on. pen? volved in this system, and at the same So in the absence of that evidence, We did it. That is exactly what the time respectful of the people who work with those kind of high rates, it is Dole bill does. I do not think it is the hard and pay taxes to fund the system. hardly unreasonable to say if you can- intention of the Senators, but that is I yield the floor. not obtain the opportunities, the em- exactly, that is precisely what the ef- PRIVILEGE OF THE FLOOR ployment opportunities, because they fect of this are going to be. Mr. WELLSTONE. Mr. President, I are not there, then we are certainly To the credit of the minority leader, ask unanimous consent that Carolyn not going to cut you off of assistance that commitment is maintained in his Clark, who is a fellow, be admitted for for yourself and your children. That is bill, at least for 5 years. And it is im- the duration of the debate on welfare what this is about. That is really what portant. reform. this is about. There is a second issue which is, I The PRESIDING OFFICER. Without Mr. President, as I look at the think, maybe one of the most impor- objection, it is so ordered. Daschle bill on the floor, I do think tant features of the Daschle bill, the Mr. WELLSTONE. Mr. President, I there are some very significant and Work First bill. The Daschle bill pro- say to my colleague from Nevada, I positive features about this piece of vides childcare. That is, if you are will be relatively brief. I wanted to legislation. I think the main feature, going to say to a single parent—almost analyze the Daschle bill and I wanted Mr. President, that I want to zero in on always a woman; quite often men who to talk about why I think the dif- has to do with maintaining the com- should be there with support are not ferences between the Daschle bill and mitment to children to make sure that there—you work, and she has small the Dole bill make a difference. I also there will be benefits for some of the children, what about the children? wanted to talk about some of the most vulnerable citizens in this coun- Where is the commitment of resources weaknesses in the minority leader’s try. to child care? Actually, what we are bill, or at least raise some questions. Today at caucus, and my colleague doing here in the Congress, for those Again, I think there is hardly any from New York, Senator MOYNIHAN, is citizens who are watching this debate, comparison when I look at the two. I free if I say this and as he listens it is we are cutting investment in child think—and it is hard when you ask a seems that it was too personal and he care. Senator to yield, and the Senator from did not mean for this to be public, I So, we are saying to parents: You go Pennsylvania certainly did that—it is want him to cut me off. He said some- to work. You have small children. That difficult to really get into the debate, thing that has stayed with me most of is it. And we do not provide any sup- so let me try and first try and respond this afternoon. Senator MOYNIHAN said port for child care. By definition, to some of what was said. the last piece of legislation that Presi- please remember, in spite of all of the When I hear Senators come to the dent Kennedy signed publicly, was a scapegoating and all of the stereotypes, floor and talk about how optimistic piece of legislation we all had high there is not a welfare benefit in this they are and how they think this will hopes for: This was deinstitutionaliza- country that is even up to the official be such a huge change, I sort of think tion. definition of poverty, and now we are to myself that part of the problem is It made sense as a philosophy. We saying to single parents, almost always they are not really passing legislation would take people in the mental hos- a woman: You go to work and we do that is going to affect them or their pitals and we would basically move not invest any resources in child care. children. them out and then there would be com- The Daschle bill does make that in- I think part of the problem, and I munity-based care. But we never did vestment. will try and stay away from the harsh- that. What we wound up with in all too You cannot have welfare reform—all ness, I think the point can be made we many communities in this country was you have out here right now, at least would do better if we had less hate and an ever larger population of homeless with the Dole bill, is reverse reform. more debate. I do not come here to the people. We see that all over the coun- You are saying to a parent: You go to floor with malice. try. work. It does not matter if you have But, it does seem to me, Mr. Presi- Then the analysis was there that it small children. We know you are poor. dent, that some of my colleagues just was a lack of affordable housing. What You work, and there are no resources S 12704 CONGRESSIONAL RECORD — SENATE September 6, 1995 for child care so you can afford decent tion than when they all started. The welfare, at any point in time, are on child care for your children. Daschle bill is a significant improve- for more than 60 months. That is antifamily. That is ment over that. So if it is an aggregate 5-year period, antifamily. I challenge any Senator in I say to my colleagues, we should not I have some very serious concerns here, how would you like it if you were be so reckless with the lives of chil- about what we are doing because I the single parent of low income, told dren. That is what I do not understand. think quite often the pattern is that a you had to work—and you wanted to I have colleagues, on both sides of the mother—by the way, mothers do not work. There is more dignity in work. aisle, who are friends. I understand the need Senators to tell them that they And you hoped it would be a decent political climate in the country. I un- ought to work. Most are—75 percent job. There is nothing you would like to derstand some of the scapegoating. But within 2 years—are off welfare and are do more, but there was no way—let us I cannot understand how men and working. not kid ourselves. In a lot of these women of such good will can be so Now, the problem is that all too communities where we have large pop- reckless with the lives of children. often what happens is, think about ulations of welfare mothers, there are The minority, the Daschle bill, as I this: You go to work, and you try to not an abundance of jobs that pay any- understand it, does not block grant work out a child care arrangement. thing near what Senators make, or food stamps. There is a reason for that. But you cannot afford it. Then you go even middle-income salaries. So we are The Senator from New York knows back to welfare. By the way, for the not going to be talking about, by and this history well. What happened—and low-income people, the monthly ex- large, high-wage jobs. You are told, it was President Nixon, as I remember, penses of child care is not like 7 per- ‘‘You take the job. It does not matter.’’ who really took the final initiative in cent. It is 35 percent, or 40 percent of And you say, ‘‘OK, I want to work in making sure there was a national income. Or you go to work again. that job, and it is $6.50 an hour and I standard. Although the Federal Gov- When Sheila and I were younger, we will do it and I want to.’’ And then you ernment was going to pay that bill, did not have much money at all. We are told, ‘‘By the way, but when it States got to decide what would be the had this experience. You find out. It is comes to your two children who are level of benefits and many States had the most horrifying thing in the world under 3, there are no resources for the level of benefits pegged at an ex- when you leave your child, whom you child care. You figure out what to do.’’ tremely low level. Much to the shame dearly love, with a child care center And you cannot afford it. That is why of the United States of America, we and the conditions are awful. many mothers get off welfare and then saw it on television with documen- By the way, according to the na- go right back on. taries about Hunger USA. We saw chil- tional reports on the state of child The minority leader’s bill makes a dren with distended bellies, and we care, we are not investing resources in commitment to child care. I do not learned about scurvy and rickets and child care—not just for low income, but know how my colleagues on the other malnutrition and hunger among chil- for middle income. You get paid more side, in all due respect, can deal with dren in America. money to work the zoos than you do to that contradiction. Therefore, President Nixon led the take care of children in the United The third feature I think is impor- way and we set national standards and States of America. tant is that, in the minority leader’s we had a national food stamp program. Mr. President, so what happens? You bill, there is the transition so people We are a national community. We are supposed to be there at 5 to pick up are not immediately cut off Medicaid. I made a national commitment to chil- your child. You show up at 4, and you do not remember the precise provision dren. Now we are going to back away find the conditions are awful. So it did of the majority leader’s bill. I ask the from that? The minority leader’s bill not work. Now you are back to welfare. Senator from New York, is there a does not back away from that commit- Or, Mr. President, remember, you are a transition period of time for Medicaid ment, nor should it, Mr. President. single parent. You get sick or your in the Dole bill? child gets sick, and your child is sick Mr. MOYNIHAN. I would say I do not Questions to raise. Maybe my col- more than a week. You get laid off know. There is, of course, a 1-year league from New York, or colleague work. This happens all the time. transition in the current law of the from Tennessee, can help me out on Family Support Act. We will find that this. Again, I raise these questions So I will raise three questions and out. more in a constructive way. This is then get a response. I am really very Mr. WELLSTONE. Because my un- just out of intellectual integrity that I worried about this 5-year period be- derstanding is the Daschle bill allows want to raise these questions about the cause it seems to me that if, in fact, for the currently provided year of tran- minority leader’s bill. I cannot the Urban Institute is right and more sitional Medicaid, plus an extra year of cheerlead on everything. than 75 percent of families on welfare transitional care on a sliding scale There still is this feature in this leg- at any point in time will receive wel- basis to ease the transition. islation that, as I understand it—we fare for more than 60 months, we are I do not think that in the Packwood- can get technical—it is in the Dole bill, cutting a lot of people off, who are Dole bill, there is such an allowance for it is in the Daschle bill, that now mainly children, Aid to Families With that second year of transition. counts LIHEAP benefits as income, Dependent Children, the children who It seems to me, now we have a situa- low-income energy assistance. So what do not give the big campaign contribu- tion where we are saying it does not happens is, for the purpose of calculat- tions, the children who are not the big matter what the unemployment level ing food stamp benefits, LIHEAP bene- players, the children who are not the is in your community and, in addition, fits, low-income energy assistance, gets heavy hitters, the children who do not it does not matter from State to State, counted as income and this becomes get on television with their ads. They what States decide to do. It does not this classic choice of eat or heat. I do are the ones that some of these propos- matter whether there is a recession. It not know why we are doing that. That als treat so harshly, though I must say does not matter how many children are is the question I raise. again I believe that the minority lead- born into poverty. It does not matter The second question somebody has to er’s bill, thank God, is at least a sig- what the population growth is going to ask on the floor of the Senate, I talked nificant improvement over Packwood- be. It does not matter whether or not about earlier the importance of mak- Dole. there is going to be a commitment of ing sure we do not back away. It is my Mr. MOYNIHAN. Mr. President, does resources to child care. By and large, understanding—and I quote from an the Senator wish to have these data at we are ending our commitment to low- Urban Institute study—of all families this point? income children. And in addition, you that have become dependent on welfare Mr. WELLSTONE. I would be. I will have 6 months, that is it, that is the systems, about 43 percent receive bene- yield for that. only guarantee you have of being able fits for less than 24 months. But at any Mr. MOYNIHAN. I am happy to. to keep your Medicaid. point in time there are many more Mr. President, I ask unanimous con- This is called reform? These women long-term recipients, for example, sent that I may address the Senator di- and their children are in a worse posi- more than 75 percent of families on rectly. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12705 The PRESIDING OFFICER (Mr. DISTRIBUTION OF TOTAL TIME ON WELFARE needed social program and I support its FRIST). Without objection, it is so or- continued existence. All current dered. recipients at But there is also no question that the Time on welfare (in months) New entrants a point in system has, at times, been abused, and Mr. MOYNIHAN. It happens that we (percent) time (per- presented this data in the debate that cent) that it has been viewed by some wel- fare recipients as a free ride with no was a truncated debate in August. The 1–12 ...... 27.4 4.5 Senator is exactly right in what he has 13–24 ...... 14.8 4.8 concomitant responsibility. These indi- 25–36 ...... 10.0 4.9 viduals, whom I believe to be a minor- said. But there is more to say. This was 37–48 ...... 7.7 5.0 the work of Donna Pavetti at the 49–60 ...... 5.5 4.5 ity of welfare recipients, have never- Over 60 ...... 34.6 76.3 theless prompted understandable wrath Urban Institute—the Urban Institute in many other Americans who work was established under the auspices of Mean Duration (in years) ...... 6.10 12.98 hard, play by the rules, and do not re- President Johnson in the 1960’s—of Source: Urban Institute, 1995. ceive any Government assistance. I un- ‘‘distribution of total time on welfare.’’ NUMBER OF FAMILIES AFFECTED BY A 60-MONTH TIME derstand their anger at what they per- The Senator is absolutely right. LIMIT, FY 2001–FY 2005 ceive as a Government handout, and I About 27 percent of welfare recipients [in millions] think there is considerable merit to are on for less than 1 year. About 40 their claim that this abuse must stop. percent are on for less than 2 years. Families cur- In fact, many of us who believe that Fiscal year rently receiv- New entrants Total families We do not know as much as we ing benefits welfare has a role to play in helping people get a hand up also believe that should. We have been very poor about 2001 ...... 1.34 .08 1.42 gathering data. We, in the last Con- 2002 ...... 1.41 .24 1.65 certain responsibilities go along with 2003 ...... 1.37 .43 1.80 Government help. I strongly believe gress, enacted a Welfare Indicators 2004 ...... 1.29 .61 1.90 Act, which I spent 14 years trying to 2005 ...... 1.19 .77 1.96 that those welfare recipients who are Note: This table assumes that the caseload remains at its current level of able to work should work, and that get passed, that will start giving us an 4.35 million families headed by an adult over the next 10 years. annual report on the subject. Source: Urban Institute, 1995. every American should understand that our Nation’s welfare system pro- So this is data from the Urban Insti- Mr. MOYNIHAN. I thank the Presi- vides a safety net, and not a way of tute. A number of people who go on dent for allowing me to ask the Sen- life. AFDC are two groups. There is this ator to yield. But with that said, the question group that is on for 2 years or less, 40 Mr. WELLSTONE. Mr. President, I arises ‘‘how do we get people to work?’’ percent, 41 percent. We know who they have more to say, more of a critique. Do you simply impose a requirement are. They are married women whose But I think that what the Senator from that they must work to receive bene- marriages breakup. They need some New York just said was very powerful. fits or they will no longer receive time to get their affairs together. And I cannot add to that at this time. them? And what do we do if they try to they do. A very refreshing counsel of I would yield the floor to the Senator find a job but can’t due to high unem- the Manpower Demonstration Research from Rhode Island. I ask the Senator ployment, a lack of skills or education, Corp., when we were drafting the Fam- from Nevada, will the Senator from or an inability to find anyone to care ily Support Act, was to say, do not Rhode Island then speak? for their infant child? Do we simply bother with these good people. The Mr. MOYNIHAN. I believe the Sen- say that if they do not work they will Senator is absolutely correct—at any ator from Rhode Island was told he receive no benefits? given time 76 percent, three-quarters, would be in sequence after Senator To me, Mr. President, that approach of the persons on welfare have been WELLSTONE, and that our good friend is too harsh and far too unlikely to there more than 5 years. from Nevada knows that. We look for- produce the results we seek. What we ward to our most distinguished, re- The Urban Institute also went on to want to do, what we need to do, is cre- vered colleague. estimate the number of families af- ate a system that moves people off of Mr. PELL. I thank my colleagues and fected by a 60-month time limit, a 5- welfare—for good. A system that gives my friends, one and the same. them the tools they need to find a job, year time limit. Between the year 2001 I am very glad that the Senate has and the year 2005—2001 you can reach get employed, and stay employed at a resumed debating the matter of welfare living wage. Only then—and perhaps it out and touch that—1.4 million fami- reform. And I am encouraged that the lies will have exceeded the 5 years. By will take some additional investment first few days of this debate—both be- by both the Federal Government and 2005, 10 years from now, 2 million fami- fore the August recess and again lies will have exceeded the 5 years. the States—can we end the cycle of de- today—have been composed largely of pendency and poverty that keeps gen- This assumes the caseload does not thoughtful concerns and constructive eration after generation on welfare and grow. That is half the caseload. suggestions about what can be done to discouraged from seeking to work. You were kind enough to mention make the current system work better The Democratic alternative—the what I had said in our caucus today. I and cost less. Work First bill—addresses many of said it earlier on the floor. In 10 years In reviewing the legislation before these issues in a thoughtful and com- time we will wonder where these rag- us, however, we must each decide for prehensive way. It fosters the transi- ged children came from. Why are they ourselves what it is we believe about tion from welfare to work by providing sleeping on grates? Why are they mak- the current welfare system and how it health care, and, when needed, access ing life miserable for themselves and can best move people from dependency to affordable child care services. And it others? What happened? We will have a to self-sufficiency, and from poverty to provides a reasonable period of time for city swarming with pauper children, a living wage. people to move into the workforce. I continue to believe that our welfare penniless and without residence. You In fact, the Democratic alternative system should provide temporary— I said it could not happen. It happened involves welfare recipients in a full- emphasize the word temporary—finan- to the mentally ill. And half the fami- scale, full-time search for real employ- cial assistance to those in need. There lies in 10 years will have been dropped ment; a job they can be proud to have. are millions of people who fall on hard by a 5-year time limit. Its Work First Employment Block times; losing a job, getting divorced, or Grant makes one and only one demand Mr. President, I thank the Senator so becoming widowed should not be a on States: an increasing number of hugely. And this is the point. ticket to poverty. Welfare is there their welfare recipients must find a job largely to help women and children get Mr. President, I would ask these ta- and keep the job. How the State does back on their feet—and to protect bles be printed in the RECORD. that is up to the individual State. them from hunger, homelessness, and There being no objection, the tables Mr. President, on another matter, I desperation in the interim. In this re- were ordered to be printed in the am distressed to see that the Dole bill spect, welfare is a compassionate and RECORD, as follows: lumps vocational and adult education S 12706 CONGRESSIONAL RECORD — SENATE September 6, 1995 with welfare reform. Simply put, edu- If the Senator from Rhode Island there is a group of people that I think cation is not welfare. Vocational and would stay at his desk for a couple represent this country better than any education programs are not, and should minutes. other group, it is those people who are not be considered welfare. And while I Mr. DOLE addressed the Chair. in the Foreign Service. Wherever I go, certainly endorse enthusiastically the The PRESIDING OFFICER. The ma- whether it is here in Washington meet- idea of a welfare recipient undertaking jority leader. ing with them, or around the world, I education as a means of obtaining a Mr. DOLE. I say this has been cleared find a group of people who are tremen- good job to move off of welfare, I do by the Democratic leader. dously underpaid and highly educated not think that this welfare legislation I ask unanimous consent that the and overworked and do a better job should tinker with existing education vote occur on the Daschle amendment than anyone else representing our or vocational education programs, and numbered 2282 at 4 p.m. Thursday. country as Foreign Service officers. shall oppose their inclusion in this leg- The PRESIDING OFFICER. Without Senator PELL served for 7 years in the islation. In fact, we have already re- objection, it is so ordered. U.S. Foreign Service. Mr. DOLE. That will be tomorrow. ported a comprehensive education and I think that is the foundation, the For the information of all Senators, training bill from the Labor and background that has allowed him to do there will be no further votes today. Human Resources Committee, which I the many things he has done in the However, Members who wish to debate supported. It is a very important bill, way he has done them. and ought to be considered independ- the Daschle amendment are urged to do so this evening. It has been said many times on this ently and in its own right. floor that it is an honor to be able to Mr. President, there are a number of Also, Members should be aware, prior to the close of business Thursday, the serve with a man of CLAIBORNE PELL’s other parts of the Democratic bill that ability, and certainly that is true. I think are crucial to our effort to re- two leaders will ask consent to limit form the welfare system. I strongly be- the remaining amendments in order to Mr. President, it is also true that it lieve in ensuring the ability of all who the welfare bill to finish the welfare re- is not only an honor to serve with him, financially qualify to receive welfare, form bill by Tuesday or Wednesday of but to be associated with him. I was in and thus do not support the concept of next week. the Senate dining room with some con- a limited block grant. Such an ap- And there will also be after the vote, stituents and, of course, people walk in proach, adopted by the Dole bill, would depending on the vote on the Daschle who are known all over America. But leave millions of women and their de- amendment, additional votes and de- the person sitting with me asked me if ELL. Why? pendent children with no financial as- bate tomorrow evening. they could meet Senator P Because he felt his ability to go to col- sistance at all. And further, it would But we are trying to accommodate a lege was made possible as a result of prevent them from participating in the number of our friends who want to at- his having obtained a number of Pell new system we hope to create—which tend the very historic baseball game grants. I took him over. The only Sen- will give them the tools to get off of tonight in Baltimore to see Cal Ripken, ator he wanted to meet was CLAIBORNE welfare once and for all. Jr., break the record of Lou Gehrig. So we hope that all those who are able to PELL of Rhode Island, because it was Mr. President, as we undertake the go will be very cooperative the rest of his feeling that he is responsible for his very difficult task of reforming our Na- the week. having been able to get a college edu- tion’s welfare system, we may be I thank the Senator from Nevada. cation. tempted to seek simple answers to complex questions or be moved by rhet- f That is the way, Mr. President, that not only thousands but millions of oric rather than fact. In my view, two TRIBUTE TO CLAIBORNE PELL basic principles should guide us in young Americans would feel if they these discussions: fairness to taxpayers Mr. REID. Mr. President, I wanted to would direct their attention to Wash- and compassion to those in need. I hope take this opportunity, as unprepared as ington; that is, their ability to be edu- that my colleagues will share this view I am, to say a few words about the sen- cated as a result of the foresight of and spend the time and care necessary ior Senator from Rhode Island. Senator PELL setting up Pell grants, to make the right changes, not simply I had been planning the last couple of allowing young people who ordinarily any changes. days to prepare a statement and come would not have the ability to go to col- to the floor and give a speech that re- I yield the floor. lege to be educated. flected my feelings about the Senator Mr. MOYNIHAN addressed the Chair. I, 6 years ago, on more than one occa- from Rhode Island. But, coincidentally, The PRESIDING OFFICER. The Sen- sion, went to Senator PELL and said: ‘‘I we are on the floor at the same time, think that your service is needed here ator from New York. and I want this time to be used while Mr. MOYNIHAN. May I just once in Washington and we need you very the Senator is on the floor and direct badly.’’ again say it is a great pleasure to have these remarks to him personally. the opportunity twice in one week to I cannot recite a great deal about the I am one of many, many people that express my great appreciation to the Senator from Rhode Island. I know the went to Senator PELL and told him Senator from Rhode Island, who has Senator from Rhode Island graduated that. I was right; we did need his serv- very cogent remarks on education and from Princeton University, one of the ice for another 6 years, and his service carries weight in this Chamber. None premier schools of this country, cum has certainly been as dedicated these has done so much as he in a generation laude. He also attended Columbia Uni- past 6 years as it was the prior 24 of legislating. He is revered, respected. versity. It is my understanding he has years. I hope and trust he will be listened to. about 50 honorary degrees that have I appreciate the Senator waiting on Thank you, Mr. President. been awarded to him over the years. He the floor to allow me to impart my ad- Mr. PELL. I thank my colleague. served in the U.S. Coast Guard. He is miration and respect and love. There is Mr. REID addressed the Chair. an author. no one in the Senate that deserves The PRESIDING OFFICER. The Sen- I often, after having come from the more attention and credit than the ator from Nevada. House to the Senate, tried to deter- senior Senator from Rhode Island. As I Mr. REID. I see the majority leader mine how this Senator from Rhode Is- go through life, there will be no one on the floor. land had the ability to communicate in who has given me more pleasure serv- Before the Senator from Rhode Is- the way he does, in such a gentlemanly ing with in any capacity of Govern- land leaves, may I say a few words in way but yet with so much authority ment than the Senator from Rhode Is- his direction? and wisdom. Probably the basis for land. So on behalf of the Senate and Mr. DOLE. I just want to get a unani- that, more than any other thing, is his the people of America, I extend my ap- mous-consent request. service as a member of the U.S. For- preciation to you. Go ahead. eign Service. Mr. PELL. I thank my colleague and Mr. REID. Mr. Leader, I will just ask In my time in Washington, being a friend for his kind words and appre- him to stay. Member of the House and the Senate, if ciate them more than I can say. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12707 FAMILY SELF-SUFFICIENCY ACT We have had welfare systems in this lems people now face. It addresses the The Senate continued with the con- country that are legendary in their major barriers to getting a job, keeping sideration of the bill. success: the WPA, Works Progress Ad- a job, and getting off welfare. In con- Mr. REID. Mr. President, I do not ministration. When I do town hall trast, while the Dole bill has the same have the experience of the Democratic meetings in Nevada, many times I take objectives, it falls short in its plan on manager of this bill, the senior Senator pictures of what the WPA did around how to achieve these goals. from New York. On this occasion, and Nevada: built schools, built roads, I must say, Mr. President, that the others, I heard him talking with Presi- planted trees, built bridges, helped Dole bill is a moving target. It has dent Nixon and President Kennedy on with grasshopper infestations. And I, changed many, many times. I am doing matters of importance dealing with with these pictures, tell my constitu- my best to understand the Dole bill measures that are now before this ents that here is a Government pro- and to give it as fair an interpretation body. He has written numerous arti- gram that was a success and, yes, a as I can. cles. He has written books dealing with Government welfare program that was I have a number of problems with the welfare, so I cannot match that. a success. Dole bill. I am going to focus today on But as I told the Senator from New I was born and raised in Searchlight, block grants. As U.S. Senators, we deal York, I have done something he has NV, a small mining town when I was with Federal dollars. That is the way it not done, and that is, I have spent a growing up there of a couple hundred should be. We cannot simply hand the night in a homeless shelter in Las people. Not much in the way of mines States a fixed amount of cash with no Vegas. Truly one of the remarkable ex- but it was a mining town. At that time, direction or requirements. I think this periences of my life—I do not know if the gold was about gone. would be irresponsible. Welfare is a na- ‘‘remarkable’’ is the right word—but But all around the area of Search- tional concern. That is why we are here interesting and educational experi- light we had evidence, when I was today debating reform of the system. It ences of my life. growing up, and it is still there, of the is important that the Federal Govern- And I just want to confirm what the welfare recipients having been to Ne- ment have some control over the funds Senator from New York has said on a vada. They did not know they were it disburses. number of occasions—that the home- welfare recipients, but they were. They Mr. President, under the majority’s less problem did not come about acci- were part of the Civilian Conservation legislation, there is going to be a race dentally. Corps. They came to the deserts of to the least. Who can get to give the The homeless problem came about as southern Nevada. They came to all least the quickest? Who can provide a result of the Federal Government, in over Nevada, but the deserts of south- the least amount of benefits? Because effect, emptying what we used to refer ern Nevada I am familiar with. They who does that is going to win the bat- to as the ‘‘insane asylums,’’ mental in- came to all over southern Nevada. tle because they are going to have no stitutions, as we now refer to them. What did they do? They built corrals, money to do anything else with. We, in effect, emptied them. There watering holes, fences. They built A favorite criticism of the Demo- were prescriptive drugs, and the Pre- trails. There is still evidence of these cratic Party by some is that we throw siding Officer, who is a medical doctor, welfare recipients’ work in Nevada. money at projects. That is exactly knows more about the different com- This was a welfare program that was what the Republican block grant does pounds that were developed to allow us successful. So because we have a wel- in this legislation. It throws money at to get people out of these institutions. fare program, it should not mean that the problem. It throws moneys to the But as part of the program, after hav- it is demeaning, that it is bad, that it States and tells them to deal with the ing gotten them out of the institu- is negative. There are reasons we have problems without giving them suffi- tions, we were to provide community welfare programs. cient money. That is, the irresponsibil- health centers where these people This great society of ours must help ity is compounded by the fact that the would have the opportunity to come those people who need help. We know money States are going to get in the back and get new medicine and be eval- that welfare covers the infirm, the block grants is significantly insuffi- uated and, in effect, not make them blind, the handicapped. Who would say cient. Many of the Senators on the homeless people wandering the streets, we do not need welfare programs to other side of the aisle who have spoken as we see so often now. help people who, for whatever reason, on behalf of the Dole plan have empha- Mr. President, one of the things we find themselves in that condition or sized that block grants allow the have to be aware of as we begin welfare position? There are also people who are States to decide how and where to reform, which we all acknowledge is able-bodied that, for reasons, need spend the money it is given, the logic needed, is that we do not create more help. And that is what this welfare re- being that the State knows best where problems, like the problems created form is all about—to do something they must focus the money. I do not when we decided to empty the mental about people who are down on their disagree with the basis of that argu- institutions. The Senator from New luck and need help. ment. Individual States should know York is concerned that 10 years from There is no reason that welfare where their weaknesses lie and what now, we are going to have a half a mil- should foster a perception of people their States need. However, those lion children on the streets competing being lazy and worthless. We need to go speaking on behalf of the underlying with the adult homeless. I hope he is back to the original intent of the wel- bill have failed to emphasize that there wrong. fare system. Welfare was initially de- are Federal requirements States must I think that almost every Member of veloped as a temporary assistance, not meet in order for the States to receive this body agrees welfare reform is a way of life. I believe that we all agree these block grant moneys. They are needed. The question is, How should we on this. Reform of the current welfare not automatic. States, for example, reform welfare? We all acknowledge system should be as bipartisan as we would be required to double their par- that we must do something to change can make it. Both sides of the aisle, I ticipation rates. Yet, they will not be the present system. The current sys- hope, have the same goal: to make wel- given the necessary resources to carry tem, in many respects, is out of con- fare temporary and to move people cur- out this work. trol. In fact, today, Mr. President, the rently on welfare into jobs. The Republican block grant plan is name ‘‘welfare’’ itself invokes certain The bill that the Democrats have not truly a block grant plan, but an un- perceptions of which we are all aware. sponsored, the Democratic alternative, funded mandate to the States. One of Presently, it is assumed that people on of which I am a cosponsor, recognizes the first bills we worked on in this welfare are lazy, that they do not want this intent. It clearly recognizes this Congress, and one of the first we to work and are simply looking for a intent and has a prepared plan, tightly passed—and there was agreement with handout. Our current system tends to tailored, to not only succeed in moving the Contract With America—is that we foster these perceptions, however in- people off of welfare and into jobs but should not have unfunded mandates. valid they may be. I think what we to keep them in those jobs. The Demo- We agreed with that. Here is an un- need to do is to go back to the original cratic substitute streamlines the cur- funded mandate. In fact, the head of intent of the welfare system. rent system and addresses the prob- the U.S. Conference of Mayors, which S 12708 CONGRESSIONAL RECORD — SENATE September 6, 1995 is bipartisan, called the Republican grant method proposed is particularly received assistance any time during a plan ‘‘the mother of all unfunded man- harsh on a State like Nevada. Nevada, 10-month period. dates.’’ This is not something I I repeat, is rapidly growing. From 1993 These provisions directly punish and dreamed up or the Democratic Policy to 1994, Clark County, NV, which is Las hurt children for merely being born, Committee came up with in some cute Vegas, grew by 8.2 percent. That is tre- over which they of course have no con- little phrase. This comes from the U.S. mendous in 1 year. trol. The concept behind these provi- Conference of Mayors, which is a bipar- This equates to about 75,000 new peo- sions seems to be that if women know tisan group. He called the plan ‘‘the ple coming to Las Vegas in 1 year. Our they will not receive money for addi- mother of all unfunded mandates.’’ growth rate is on the rise and shows no tional children, they will not get preg- For example, in order for States to sign of slowing. The growth rate in nant. meet the new work requirements pre- Clark County is expected to increase 23 This simply is not the case. To quote scribed in the Republican bill, by the percent over the next 5 years. We are the Senator from New York, Senator year 2000—fiscal year 2000—the Con- going to have moneys frozen at the 1994 MOYNIHAN, ‘‘Anyone who thinks that gressional Budget Office analysis esti- level for 5 years? cutting benefits can affect sexual be- mates that the States would have to Meanwhile, this block grant under havior does not know human nature.’’ find up to $4.3 billion extra—more than this underlying bill would freeze fund- The family cap provisions were en- the current State and Federal expendi- ing, as I said, at the 1994 fiscal level. As acted in New Jersey, I think in about tures—to meet the new child care costs Nevada’s population soars, the funding 1992. After a study of mothers who are alone. Overall, the unfunded work re- for welfare will remain fixed with no penalized if they had more children quirements would result in $35 billion consideration of changing it under con- while on welfare, a Rutgers University in additional cost to the States over ditions of population growth or even study recently found there is no reduc- the next 7 years; $35 billion. Everybody inflation. This rationale simply does tion of birthrate of welfare mothers at- within the sound of my voice should not make sense and is not fair. tributable to the family cap. Further, understand that this is a lot of money I have been listening to my col- last month New Jersey officials an- that is going to be picked up by State leagues on the other side of the aisle nounced that the abortion rate among and local governments. For the State speak about giving the States flexibil- poor women has increased since the of Nevada, the unfunded mandate will ity and that one size does not fit all. passage of their policy. result in costs upwards of $110 million, Well, I agree. States should have flexi- I do not know the precise cause of as we now see it, at least. bility, but the plan that is now being this increase, but I think common Finally, the Congressional Budget Of- debated here, that is, the underlying sense dictates that it could be a result fice estimates that a majority of the Republican plan, does not allow this of the message which is sent to poor States will not be able to meet the flexibility. They provide an insufficient women under these provisions which is, work requirements included in the bill. amount of money to the States expect- ‘‘Do not get pregnant. But if you do, In fact, CBO assumes that given the ing to fill the requirements tied to that you better do something about it be- cost and administrative complexities, money. This is not flexibility. This is cause you will not get any money to States would choose to accept a pen- an unfunded mandate. I agree that one feed that child.’’ alty of up to 5 percent of the grant size does not fit all. We do not live in Obviously, many young people will rather than implement the require- a static society. Each State is chang- turn to abortion rather than having a ments. ing rapidly. child that they will not be able to feed My primary concern with the under- The City of Las Vegas grows 75,000 a and clothe. Withholding welfare bene- lying bill and the block grant plan in it year. Why does this Republican plan fits to prevent pregnancy is not the an- is its unfairness and insufficiency. The keep the funding level at the 1994 level swer to illegitimacy problems. plan simply shifts the problems of the for 5 years? Block grants are not fair The Democratic proposal does deal current welfare program to the States, and they do not make sense. with teenage pregnancy—and we will with limited Federal funding. This plan Some would have us believe that this talk about that a little later—in a is inadequate for high-growth States block grant program is some new idea. firm, concise, and compassionate way. like Nevada. In fact, Nevada may be We are going to do the right thing, and Furthermore, the family cap provi- the best example of how unfair a block we have come up with the great idea of sions are focused on the actions of grant frozen at fiscal year 1994 will be— block grant. I do not know when block women. What about the father of these frozen for 5 years. Nevada is the fast- grants first started, but in the Nixon illegitimate children? Should we talk est-growing State in the country, with years they had block grants. We tried about them at all? Should they be part the fastest-growing city in the coun- them in a number of different areas. of this major legislation reform? Of try, Las Vegas. It will not take long for Most of them we got rid of, for reasons course they should be. high-growth States like Nevada to run just like I talked about, because block National Public Radio this morning out of money. And then they will be grants are an easy way to do things. had on its program Prof. Richard forced, under the terms of this bill, to It is like we talked about balancing Moran of Mount Holyoke College. Now, borrow money from a so-called ‘‘emer- the budget. It is easy to balance a I ask my learned friend from the State gency loan fund’’ which this plan pro- budget if you use welfare, Social Secu- of New York, is this a New York insti- vides. The loan is limited to 10 percent rity moneys, and do not make some of tution, Mount Holyoke? of the State’s grant, and the State is the hard choices we have been forced to Mr. MOYNIHAN. Massachusetts. required to repay the loan, with inter- make this year with the balanced budg- Mr. REID. Thank you. Professor est, within 3 years. et resolutions that now have passed. Moran stated what most believe is sim- Of course, if the State does not have Those are tough decisions. ply common sense. He said if we can the money to repay the loan, what hap- Block grants are an easy way, a buck change the behavior of adult men who pens? We know what happens. The passer for the Federal Government. father illegitimate children, we could costs will be shifted to the State’s resi- Bundle up all the problems in a nice make a substantial dent in the rate of dents in the form of increased taxes. little bundle and ship them to the teenage illegitimacy. Instead of trying There is no other alternative. This plan States. That is what we are doing with to limit teen pregnancy by reducing has a very real potential of forcing welfare. welfare benefits for the girls, public States into playing a catch-up game Another primary concern of mine is policy, according to Moran, should that they will never win. This is not the so-called child exclusion provi- focus on holding adult males finan- my definition or, I think, anyone’s def- sions. Under the majority’s plan, cially responsible for their children. inition of State flexibility. It is the States would have the option to deny I think that is pretty sound reason- definition of State destruction. assistance to unmarried minor parents ing. It is common sense and our bill To add to this disturbing scenario is and their children. States would also does that. the fact that the underlying bill cuts be given the option to deny additional Professor Moran went on to explain back on welfare funding in order to assistance to families who give birth to that 25 years ago, two-thirds of expect- give $270 billion of tax cuts. The block a child while on assistance or who have ant teenage mothers married. Today, September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12709 less than a third marry. Of course, no saying people must work and that we way off welfare. Our plan eliminates one is saying that early marriage is a are going to give you some financial the man-in-the-house rule, which pro- solution to out-of-wedlock births. assistance so that you can accomplish hibits women from receiving benefits if A new national study indicates fully some of these things. they have a spouse living in the same one-half of the fathers of the babies I repeat, States are provided re- house who is working full or part time. born to mothers are adults. This is not sources for the work requirement. Let us have this a family friendly wel- a situation of teenagers having sex. Under our plan, States are given the fare package. The facts are that these young girls are resources so welfare recipients not only We have talked about teen parents. being impregnated by adult males, and get a job but remain in the work force. Under our plan the message to teen they should be held responsible for See, getting a job is not the key to ev- parents is clear: Stay at home and stay their actions. They should pay. erything because you have to keep in school. Stay at home and stay in These statistics show that the prob- them in the job. States have the flexi- school. No longer will a teenage parent lem of illegitimacy is not going to be bility that I have outlined before. be able to drop out of school and estab- solved in an easy fashion. We must One of the key facets of the Demo- lish a separate household, creating the focus on the family and do it in a way cratic proposal that is not in the Re- cycle of dependency that is difficult to that is intelligent. publican proposal is child care. That is, break. Custodial parents under the age The Democratic Work First program to help recipients keep a job, child care of 18 would be required to live at home is called Work First—that is the assistance will be made available to all or, if there is some reason because of amendment pending before the body at those required to work or prepare for an abusive situation or whatever other this time—because that is what it is work. There are three current child reason that is meritorious that they about. The Democratic Work First wel- care programs. They would be consoli- should not live at home, then there fare plan will change the current wel- dated into one program. We have had would be an adult-supervised group fare system dramatically by replacing good work by Senator DODD and Sen- home where parenting skills would be the current system with a conditional ator HATCH on this in years gone by. I taught, where there would be employ- entitlement program of limited dura- conducted hearings in the State of Ne- ment opportunities available. tion requiring all able-bodied recipi- vada on child care and how important I say to my friends, a program like ents to work, guaranteeing child care it was. I learned firsthand, in hearings this is not impossible. A few months assistance, and requiring both parents I held in Reno and Las Vegas, how crit- ago I went to Fallon, NV. Fallon, NV, to contribute to the support of their ical it is, if we are going to have a suc- is about 60 miles from Reno. It used to children. cessful welfare program, to have some be an agricultural community and it The Work First plan is a plan where child care components. still is. The largest naval training fa- assistance is continual. Assistance is We also have to encourage clients to cility for airplanes in the world is time limited. I think it is important stay in jobs by making employment there, Fallon Naval Air Training Cen- that after 2 months we recognize cli- more attractive than welfare. We have ter. It is a great facility. ents who have signed the contract, the talked about the importance of child I had been asked to visit a Lutheran Parent Empowerment Contract, are care. We also have to talk about the Church in Fallon, because it was part working toward objectives and can con- importance of health care. Under our of the AmeriCorps project. I went there tinue to receive assistance. program, an amendment we will vote and met with the priest who had moved After 2 years, if the individual is not on tomorrow afternoon at 4 o’clock, to Fallon several years before. He was working, States will be required to Medicaid coverage will be extended by contacted first by the school across the offer workfare or community service. an additional 12 months beyond the street from his church, saying we have Again, tough sanctions arise to those current 1-year transition period. It is all these teenage pregnancies, could who refuse to participate in this wel- needed. If you are going to give people you help us? He did not know how to fare program. incentives to keep working and save help. He said, ‘‘I cannot. I do not know The Democratic plan requires work the Federal Government money, then what to do.’’ Then he was contacted by and establishes the Work First employ- they must have the ability to have the State Welfare Department. Finally, ment grants if States focus on work, child care and health care. providing the means and the tools Also, we have to make sure the sta- somebody said, ‘‘We have this needed to get welfare recipients into tistics are not phony. Our program AmeriCorps project. Why do we not jobs and to keep them in the work counts actual work. As I have indi- make a grant and see if we can get a force. All able-bodied recipients must cated earlier, the underlying bill is program to help teenage pregnant work. kind of a moving target because it girls.’’ They made an application. There are successful programs now. keeps changing for reasons we have all There is an AmeriCorps project there. We do not know how successful; they read about in the newspapers. But we It brings tears to your eyes to go have not been in existence long must have a work performance rate there. Mr. President, there is not a sin- enough. We have a great program in that is a real work performance rate. gle person now on welfare who has been Riverside, CA. They have sorted clients I have talked about fathers, how they through this program. It is right across into two streams. Most programs put also must be part of the program if we the street from the high school. The everybody in the same stream. What are going to do something about absent pastor, who came there to care for his they have done is they sort clients into parents. The burden has been on flock, has now become devoted. His two streams: one, those that need edu- women. We have to divert the atten- whole church is involved in taking care cational assistance; and those that are tion to make it a responsibility of par- of these teenage girls who become job ready. ents, and parents includes the man. pregnant. They are being educated. It is a program we can look to see if That is usually the one who avoids re- They are getting their high school di- it will have long-term benefits. We sponsibility. Absent parents who are plomas. There are people who are have a program in Iowa that has re- delinquent on child support payments, working in the program, earning ceived some rave reviews. It is a family under our legislation, must choose to money so they can use the money to go investment type program designated to enter into a repayment plan with the to college. It is a wonderful program. move families off welfare into self-suf- State, community service, or try jail. There are programs we can come up ficient employment. The State of Or- That is in our legislation, and I think with to help teenage pregnant girls. egon has a program. There are a lot of that it is fair. But these programs require funding. programs that States, if they have re- Under our legislation, we are going So I ask everyone to take a close sources, which will be given in this bill to try to keep families together. Un- look at our bill. It is a good bill. If this that we have submitted in the form of like the current system under which amendment is defeated tomorrow an amendment, States can do some women and children receive more as- afternoon at 4 o’clock, I hope we will type of innovative programs. sistance if parents are separated or di- have an opportunity to vote on an Our program does not say, States, vorced, the Work First plan encourages amendment dealing with child care and you must do it this way. But we are families to stay together to work their the many other problems involved in S 12710 CONGRESSIONAL RECORD — SENATE September 6, 1995 welfare reform, which are not properly the underlying Dole amendment picks RECESS addressed by the Dole bill. up our plan. Mr. MOYNIHAN. Mr. President, I ask The Democratic plan addresses the There is also a charge that the Demo- unanimous consent that the Senate problem of teenage pregnancy by in- cratic substitute is weak on State in- stand in recess for a period of 20 min- cluding grants to States for design and novation. The Democrat Work First utes. implementation of teen pregnancy pre- plan provides States unprecedented There being no objection, the Senate, vention programs. I will not go into flexibility. The States set benefit lev- at 6:15 p.m., recessed until 6:33 p.m.; more detail right now, but it is ex- els. States set allowable asset limits. whereupon, the Senate reassembled tremely important. States set income. Disregard policies. when called to order by the Presiding Paternity establishment is in our States design their own work pro- Officer [Mr. DEWINE]. bill. We cannot let these men escape grams. In fact, there is a lot of similar- Mr. SANTORUM addressed the Chair. their responsibility, as they very often ity here between the Democratic and The PRESIDING OFFICER. The Sen- do. Child support enforcement is in our Republican plans. So why do they ator from Pennsylvania. legislation. charge Work First as being weak on Mr. SANTORUM. Mr. President, I Also, I want to talk a little bit about State innovation? It simply is not true. suggest the absence of a quorum. the provision in our legislation dealing Another charge: The Democrat plan The PRESIDING OFFICER. The with food assistance reform—food is weak on savings. clerk will call the roll. stamps—major provisions. We have one Mr. President, the Democratic Work The legislative clerk proceeded to strengthening compliance, reducing First plan saves over $20 billion. It is call the roll. fraud and abuse. It is an effort to not weak on savings. The Breaux-Mi- f clamp down on the egregious abuses of kulski plan saves as much as the Re- the program. The Work First Program publican plan, or as close. But it also FAMILY SELF-SUFFICIENCY ACT provides the following: does not include a $23 billion unfunded The Secretary of Agriculture may es- The Senate continued with the con- mandate to the States; that the States tablish specific authorization periods sideration of the bill. are going to rue the day that this un- so that stores have to reapply to con- Mr. GRASSLEY. I ask unanimous derlying legislation passes. They will tinue to accept food stamp coupons and consent that the order for the quorum rue the day. As the Conference of May- may establish time periods during call be rescinded. ors said, this will be the ‘‘mother of all which stores have their authorization The PRESIDING OFFICER. Without unfunded mandates.’’ The Democratic revoked or, having had their applica- objection, it is so ordered. plan will result in deficit reduction tion for authorization denied, will be Mr. GRASSLEY. Mr. President, a re- without unfunded mandates to the ineligible. Stores may be required to cent paper by the Progressive Policy States. provide written verification of eligi- Institute leveled three criticisms at Let me close by saying, yes, we bility. The Secretary shall be required the Republican welfare reform plan. It should change the present way welfare to issue regulations allowing the sus- is to generate short-term budget sav- is handled. But we should not throw pension of a store from participation in ings, the first charge leveled; to satisfy the baby out with the bathwater. We the program after the store is initially GOP Governors’ demands for flexibil- have to do a better job of being com- found to have committed violations. ity; and, lastly, to avoid making tough Now they commit violations and, in passionate but also have a bit of wis- decisions. effect, thumb their noses at the au- dom in what we are doing with so- Now, obviously, that last statement thorities because nobody can stop them called welfare reform. is most ludicrous that the Progressive from taking food stamps. Our bill Mr. MOYNIHAN addressed the Chair. Policy Institute leveled against us be- changes this. The PRESIDING OFFICER (Mr. cause we have seen the Federal Govern- Stores that are disqualified from the DEWINE). The Senator from New York. ment fail on welfare reform. You know, WIC Program shall be disqualified from Mr. MOYNIHAN. Mr. President, may there was a massive effort made in 1988 participation in the Food-Stamp pro- I first thank the Senator from Nevada at the Federal level to move people gram for the same period of time. Re- for a careful and a thoughtful and, to from welfare to work, to save the tax- tail stores are disqualified perma- this Senator, a wholly persuasive argu- payers money. We have seen 3.1 million nently from the Food-Stamp Program ment. more people on welfare now than before for submitting false applications. f we passed our so-called welfare reform There are other things that are impor- plan in 1988. tant to strengthen this provision: en- VISIT TO THE SENATE BY SEN- In the meantime, we have seen hancing electronic benefit transfer, ATOR EDUARDO MATARAZZO States like Missouri, my State of Iowa, strengthening requirements, and pen- SUPLICY OF BRAZIL the States of Wisconsin, Michigan, Massachusetts, New Jersey—and I sup- alties. There are a number of things Mr. MOYNIHAN. Mr. President, by a pose there are a lot of others that that really make this legislation more happy circumstance, we have a visitor ought to be named—reform welfare in a important. on the floor today, Senator Eduardo very ambitious way and in an ambi- I want to close by talking about a Suplicy of the Brazilian Senate, who is tious way that we have not had the couple of things, in effect, to set the the author of legislation in that Senate guts or the will to do here in Washing- record straight. People who oppose this which will establish a guaranteed na- ton, DC, at the congressional level. amendment charge that the Work First tional income in Brazil and is now in And we have seen through State action plan is weak on work. This claim debate in that assembly. It is a matter people move from welfare to work and comes from the same people who only a that has been discussed on this floor saving the taxpayers money. In my short time ago approved and reported a today. So it is very serendipitous in- own State of Iowa we have 2,000 less plan out of committee with no partici- deed. pation requirements. people on welfare than 3 years ago So I say in response to that charge RECESS when we passed the welfare reform that their plan was not even about Mr. MOYNIHAN. Mr. President, I ask plan. We have seen our monthly checks workers; it was about shoveling people unanimous consent that the Senate go from an average of $360 down to $340. from one program to another with no might stand in recess for 1 minute in And we have seen the highest percent- emphasis on work, with no emphasis, order to welcome our colleague from age of any State in the Nation of peo- no work requirement at all, and now Brazil, Senator Eduardo Suplicy. ple who are on welfare moving to work, they have dropped their participation [Applause] at 35 percent. requirements and instead have adopted There being no objection, the Senate, So can you believe it, Mr. President, our work standards, the standards in at 6:12 p.m., recessed until 6:15 p.m.; that the Progressive Policy Institute this amendment pending before this whereupon, the Senate reassembled would level a charge that we are trying body. So try to explain to me how the when called to order by the Presiding to avoid making tough decisions when Democrat plan is weak on work when Officer [Mr. DEWINE]. we have failed at tough decisions or we September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12711 have not made the tough decisions that Welfare must be affected then. Wel- We do not believe, as Republicans, that should have been made and we have fare reform must come as part of an ef- you can pour one mold in Washington, seen States make those tough decisions fort to balance the budget, even though DC and out of that mold have a pro- and be very successful in the process? welfare reform is a worthy goal in and gram that attempts with success and Also, that second criticism that is of itself, even if we were not trying to with good use of the taxpayers’ dollars leveled, to satisfy the GOP Governors’ balance the budget. to handle the welfare problems of New demands for flexibility, well, the his- Why is it worthy in and of itself? Be- York City the same way that we would tory of welfare reform proves that cause we have had 40 or 50 years of Fed- in Waterloo, IA or, in the case of the when we have given States waivers so eral AFDC programs that have encour- Presiding Officer, Cleveland, OH. that they can do certain welfare reform aged dependency, discouraged inde- We think that leaders at the local things that we could not do here, we pendence, ruined the family, besides and State level are going to get us have seen that flexibility move people costing the taxpayers a lot of dollars. more for our taxpayers’ dollars, spend from welfare to work and to save the Are we saying that people who have less of those dollars and probably move taxpayers money. problems that need help to get over a more people to work and have less de- So, obviously, it is ludicrous that we hump in their lives should be dis- pendency than what we will if we try would have these sorts of charges lev- regarded by Government? Not whatso- to solve this with one uniform program eled against us. But those three criti- ever. But we are saying that the pro- that treats the welfare problems in cisms do reveal very key differences gram of helping people over a bump or New York City exactly the same way between Republican plans for welfare a hump in their life, a period where they are treated in Waterloo, IA. reform and Democratic plans for wel- maybe they were destitute and needed We Republicans acknowledge that fare reform. some short-term help, we are saying the old one-size-fits-all approach of One of the things that sets the Re- that should not become a way of life, Washington, DC has been a disaster. It publican effort apart from the Demo- and a program that provides that has not worked. It will not work, and crats is our unwillingness to apologize short-term help should not lead to Republicans are simply living with re- for our desire to balance the budget by greater Government dependency and ality to want to change it, change it the year 2002. We want to balance the lack of personal responsibility. based upon the successes of States who budget because it is the right thing to So, in the effort to balance the budg- have had more guts to experiment, to do. By not having a balanced budget, et, as we acknowledge that, we do not try dynamic new approaches to moving we are living our lives at the expense of see reducing the budget as the reason people from welfare to work than what our children and grandchildren. Every for welfare reform, but we see that as a we were willing to do at the Federal child born today already owes $18,000 to result. If we change welfare from a trap level. the Federal Government, and will pay to a trampoline, we will spend less on There is one more thing that I want 80 percent of his or her lifetime income the program in the long run. If it is a to point out of this particular criti- in taxes if we do not balance the budg- system that springs people to inde- cism, Mr. President. I believe Demo- et and do it as soon as we said we were pendence and removes generational ef- crats are failing to realize that the going to do it as well. fects of the current program, it will American people have elected 30 Re- Of course, not balancing the budget cost less. That is a result, that is not a publican Governors. They, obviously, and passing on the costs to our chil- reason for welfare reform. are saying that the Democrats have dren and grandchildren—and if one of Another difference, after saying that had their chance at working out these those were born this very minute, and a major difference between the Repub- problems and nothing happened. Now there are some at this very minute lican plan and the Democratic plan is Republicans are being given the oppor- being born, they have $18,000 a year that we believe in balancing the budg- tunity, and we are taking it and we are debt before they ever get out of the et, but that is a result, that is not a hospital. making the most of it. It is immoral, it is irresponsible, and reason for welfare reform, then another The President ran on a platform it cannot continue. Republicans ac- difference between our plan and that of promising to end welfare as we know knowledge that and we were elected to our opposition is that we Republicans it. Well, he failed. With a Democratic do something about it, and so part of believe State leaders are more than ca- President in 1993, 1994, with a Demo- the process of balancing the budget is pable of making good decisions on how cratic President for the first time in 12 to make sure that there are no sacred to help the needy. We believe that Gov- years, a President who, in his opening cows, to make sure that every program ernors and State legislators and other speech to the Congress, reiterated what in the budget, every geographical sec- State leaders, people closer to the he said in the 1992 election, that we are tion of the country contributes toward grassroots, can create more innovative going to end welfare as we know it, we balancing that budget. systems that actually work better to never had a proposal. So that adminis- So one of those programs that must meet the needs of those who need some tration has failed. That Congress has be affected is the welfare program of short-term help over a hump, over a failed. The people chose the Repub- the Federal Government, a program bump in their life. We do not believe licans for a new Congress, and so we that we thought we reformed in 1988, a that States should have to come, hat in are giving the people what we said we program that has produced 3.1 million hand on bended knee, to some Federal would in the last election and what more people on welfare, and that is bureaucrat for permission to try some they said they wanted. after increases in welfare had leveled new idea. That is a very key difference Finally, Republicans are making off dramatically during the 1980’s. between Republicans and Democrats. tough decisions. We are admitting that Some people in this body would say Thank God there have been some we at the Federal level do not have a that we have had the dramatic increase waivers given, and maybe that is one lock on ingenuity, or a lock on wisdom, in welfare numbers, the 3.1 million I re- good aspect of the 1988 legislation, it and obviously we do not have a lock on ferred to, because we had a recession in did give States some leeway. But can compassion. We are acknowledging 1991 and 1992. But not so, because if you you believe it? My State of Iowa adopt- that there is creativity, that there is go back to the recessions of 1975 and ed a program, and it was 8 months be- wisdom, and there is concern at the 1976, which were much deeper than the fore the Federal bureaucrats got done State level. We are humbly accepting recession of 1991 and 1992, you will not playing around with it so we got the that maybe we at the Federal level do find dramatic increases in welfare. In approval to move ahead with a pro- not have all of the answers. There is an fact, you will find a decline in the num- gram that has 2,000 less people on wel- old saying, Mr. President, which is that ber of people going on welfare. fare, reduced the monthly checks from insanity is doing the same old things But if you study very deeply the rea- $360 to $340 and has raised from 18 per- and expecting different results. son why we have 3.1 million more peo- cent to 35 percent the percentage of Well, that is what the Democrats are ple on welfare than we did when we people on welfare moving to jobs. doing, I believe, with their welfare re- passed the 1988 Welfare Reform Act, it Republicans think that States should form program. Republicans recognize is directly attributable to some of the have the flexibility to create systems that by giving up some of our power to changes that were made there. that work for each State’s population. the States and the people, we will have S 12712 CONGRESSIONAL RECORD — SENATE September 6, 1995 better results both in terms of meeting have had special interests in various dren. We want to ensure that, as we do the needs of low-income families and in pieces of the bill, and were instrumen- those three things, we provide the nec- terms of our efforts in balancing the tal in bringing us to the point of intro- essary resources to do so. budget. The criticisms of the Progres- ducing the bill prior to the August re- Madam President, I want to talk sive Policy Institute are, of course, out cess. briefly tonight about each of those four there in the public with the intention Let me also express my gratitude to goals and what it is we believe is so im- of shaping us into changing our per- the ranking member of the Finance portant and essential as we consider spective. On the contrary, I think they Committee, Senator MOYNIHAN, for his the strategies to achieve those goals. simply let us know, as the majority unparalleled leadership in this area, for There are four specific strategies we party in this new Congress, that we are all of the work he has done on this have laid out in the Work First plan headed in the right direction by get- issue, for the many years he has pro- that we hope will convince any skeptic ting the Federal Government basically vided us guidance, and for the terrific we are serious in our strong desire to out of the welfare business, turning it legislative accomplishments we have build upon the things that have worked over to the States, for the track record been addressing as we have debated well, and to replace those things that of the States in recent years has been this bill. have not worked as well as we would a tremendous success compared to the The Family Support Act is really the have hoped. failure of the last reform out of this foundation of our welfare reform sys- Part of this effort involves changing Congress which, instead of producing tem. And, as many have indicated the culture of welfare. We need to have savings, is costing much more. Instead throughout the day, were it not for people in those welfare offices who are of moving people from welfare to work, that, we would not have made the there to provide more than just finan- we have 3.1 million more people on wel- progress that has already been well cial resources, who can be there to pro- fare, a greater dependency on the Gov- documented already in this debate. vide the kind of opportunities that peo- ernment, less personal responsibility, Madam President, there are four fun- ple want as they walk into a welfare of- and obviously a great cost to the tax- damental goals, as I see it, as we look fice—people with an expectation that payers. to what we hope to achieve by the en- they want more than just money, with That is why I hope this body will rat- actment of this legislation. an expectation that they want to ac- ify the work of the Finance Committee First, we want real welfare reform. quire skills, with an expectation that on the welfare reform proposal that Second, we want to recognize that pro- they want to break the cycle of depend- came out of that committee. It came viding people with skills, providing ency, with an expectation that they out of the committee with some bipar- people with new opportunities, and pro- truly can change their lives. tisan support—all of the Republicans viding people with the wherewithal to To do that we have to make welfare and a few of the Democrats—because I get off welfare is really the primary ob- offices employment offices, recognizing think that there is going to be a bipar- jective of what we are doing. Work is a that it is through employment and tisan effort on final passage, if we can goal that I hope would unite all Sen- through opportunities to use acquired get there. I believe, quite frankly, that ators, Republican and Democrat, as we skills that people can acquire a dignity whatever passes this body is going to attempt to accomplish our goals in this and a confidence about their lives that be signed by the President. I do not area. they do not have today. If we are going think, even if he does not get the wel- Third, and perhaps equally as impor- to do that, indeed, we have to retrain fare reform that he wants—with the tant in many respects, we want to pro- staff and refocus the whole concept of public cry for welfare reform and for tect children. Of the 14 million AFDC what the welfare office is about. We moving people from welfare to work recipients in the 5 million families who need to refocus this concept on work, and saving the taxpayers dollars, and receive assistance through AFDC, 9 on providing the training and opportu- an understanding of that at the grass- million are young children dependent nities necessary to make these services roots—that this President would dare upon the services and the resources meaningful for the people who walk veto anything that we send. that we provide through the infrastruc- through those doors. I yield the floor, and I suggest the ab- ture that exists today. Protecting chil- We want to encourage States to con- sence of a quorum. dren, ensuring that they have the op- solidate and streamline the welfare in- The PRESIDING OFFICER. The portunities to become productive frastructure to ensure that, through a clerk will call the roll. adults, and ensuring that they can ac- one-stop mechanism, we can do all that The bill clerk proceeded to call the quire the skills necessary to break the is possible with a visit to that particu- roll. cycle of dependency if their parents lar office so that we do not require peo- Mr. DASCHLE. Madam President, I cannot—protecting children ought to ple to go from one office to the next to ask unanimous consent that the order be a goal for everybody here, and cer- the next to the next in search of help. for the quorum call be rescinded. tainly that is the goal of the Work We also need to restore some com- The PRESIDING OFFICER (Ms. First plan. mon sense to this process. Common SNOWE). Without objection, it is so or- Finally, we recognize that you sim- sense would say that yes, a father dered. ply cannot have meaningful welfare re- ought to be part of this process. Yes, Mr. DASCHLE. Madam President, I form if you do not provide the funding. we want to welcome the man back into know that the day has almost ended. It is one thing to set goals. It is one the family. Yes, we recognize that two Prior to the time that it does, I want thing to lay out a new infrastructure. parents are better than one. Yes, we to have just a few minutes to address It is one thing to assert objectives and recognize the current system, in some one more time the Work First legisla- to expect the States in some way to re- respects, is penalizing families for tion, the pending piece of legislation, spond to all of those objectives and re- staying together. We want to restore and my reasons for believing it ought quirements within any new piece of common sense to the system. to be adopted by our colleagues tomor- legislation; but if they are not funded We want to do all of this, not by box- row. properly, we cannot expect any of ing up the current system and shipping Before I describe again those reasons those goals to be realized. Regardless it to the States, not by simply saying and our goals in drafting the legisla- of how elaborate and how pleased we to the States, ‘‘You do it with fewer re- tion, let me reiterate my gratitude to may be with whatever infrastructure sources, with less real ability for Fed- the many Senators who have had much we create, we cannot expect those eral-State partnership. You do it.’’ to do with the tremendous effort put goals to be meaningfully realized with- That is not the solution. That simply forth by our caucus in proposing this out adequate funding. is shifting the problem to somebody legislation. Thirty Members of the We want to ensure that, whatever it else. Senate have cosponsored this bill, and is we do, we understand up front how We really hope we can avoid doing that, in large measure, is due to the we are going to pay for it. Those are that with whatever course we choose to leadership of Senator MIKULSKI, Sen- the goals. take during this debate. However we fi- ator BREAUX, and the remarkable ef- We want real reform. We want to em- nally achieve our goal of changing the forts of a number of our colleagues who phasize work. We want to protect chil- welfare culture, it is certainly our hope September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12713 that we simply do not expect the by our Republican colleagues. What the my State, but they are values that we States to do it by themselves. Republicans do is simply exempt a flat find in every State of this country. To accomplish real reform, we have 15 percent. It does not matter if any of So we require recipients to work. The to start by changing the culture of wel- these categories would take the popu- goal is not simply to create jobs that fare. We also want to redefine it—not lation in any given area beyond 15 per- do not exist today. What we want, as just change the culture, we want to re- cent. If you are a woman in the third much as we can achieve it, is to ensure define it. We want to give it a new trimester of pregnancy and we have hit that we create those opportunities in meaning, a new understanding, a new the 15 percent threshold, you are out of nonsubsidized, private sector employ- definition from that which has existed luck. If you are a child living with ment. We want people to be employed in the past. someone other than your parent and for the right reasons—not simply to oc- That is why we eliminate the pro- you need help and you are in an area cupy their day, not simply to pay off a gram commonly referred as AFDC. We where 15 percent has already been real- Government debt, but truly to become replace it with what we call temporary ized, you are out of luck. I really do involved in an activity, in a job func- employment assistance. That is more not believe my colleagues on the other tion for which there is a reward other than just a name change. Temporary side want to do that, but that is what than the money they receive. So find- employment assistance is a conditional the bill says. ing private sector employment is our entitlement. It says to welfare recipi- So, Madam President, we understand first objective. ents that there is no more uncondi- the need to set a lifetime limit in most So we require an intensive job search tional assistance. We will provide as- cases. But we also recognize the neces- for the first 2 months. If no job has sistance subject to your willingness to sity of addressing the real needs and been achieved at the end of 6 months, take responsibility. If you are willing concerns and problems of individuals, we go to the second option: we require to take responsibility, we are willing the practical problems associated with community service. We work with to provide you with the tools to enable real lives of people who do not fit any them to develop the kind of job skills you to achieve change in your life, to neat little box, any neat little descrip- and the discipline through community achieve new opportunities for yourself tion. service that may ultimately give them and for your family. We also recognize that you cannot the chance to apply those skills in pri- All recipients would be required to dictate all this from Washington. It vate sector opportunities later on. sign a parent empowerment contract, does not work. And, as we have seen al- There is a difference, as others have which puts into writing this reciproc- ready with the Family Support Act, alluded to today, between our bill and ity in a way that everyone under- providing opportunities for States to the Republican bill in that regard. Our stands, so there is no misinterpreta- become workshops, become prototypes, bill requires that this effort take place tion. It is in black and white. ‘‘Yes, I become environments within which in 6 months. The Republican plan has will go find work. Yes, I will acquire new ideas can be explored, can be very no work requirement for 24 months. But again, Madam President, as I the skills. Yes, you will help me do so. valuable. You will provide me with opportunities said just a moment ago with regard to Giving States flexibility is abso- that I do not have today.’’ It is all our goal of real reform, when it comes lutely essential, so we allow States to going to be written out so there is no to work we also recognize the need to set benefit levels and eligibility and misunderstanding. give States flexibility—the flexibility We require all able-bodied recipients asset rules and income-disregard poli- of putting people to work through to do as much as possible to achieve cies. We recognize we are not going to placement services or vouchers, by cre- their goals in work. Even those who require a one size fits all, that South ating micro-enterprise or self-employ- are not able-bodied would be required Dakota is different from New York and ment concepts, by using work to take some responsibilities, even if Maine. So we want, as much as pos- supplementation, by implementing a they are not working. But there would sible, to give States latitude, to give program like the GAIN program in Riv- be an appreciation of the need to take States flexibility, to give States the erside, CA, the JOBS-Plus Program in responsibility. opportunity to experiment. And the Oregon, the Family Investment Pro- So we do redefine the system. We try Work First plan ensures that States gram which has worked so well in to break it out from past practice and are given that flexibility. Iowa—all of those options and many clearly define what it is we are trying So, Madam President, that is our more would be available to any State to do. first goal, to engineer real reform by that would so choose. We do not want Part of what we are trying to do is creating a new infrastructure that al- to limit them. In fact, we want to ex- limit the length of assistance. We say lows us to provide assistance in a way pand the short list that I have already that 5 years ought to be enough. Five that we have not done before. So we provided, giving States the flexibility years is applicable in just about all began with that. to put people to work in whatever way cases, but there are some very clear Then, as I said, our second goal is to they find to be the most appropriate. cases where that is inappropriate or give as many people as possible the op- I could imagine in South Dakota not prudent. portunity to work. We prescribe five there would be a lot of rural-related Certainly, children who live with strategies to do that by attempting, in work, a lot of agriculture-related work, someone other than their parent ought part, to reflect the values that many of perhaps in some cases work having to to be exempt. Certainly, those who are us had the good fortune to learn early do with forestry or tourism. But clear- disabled, or caring for the disabled, on. We call it Work First because that ly every State would have definitions, need to be exempt. We both agree that is really what we want to do. That is different expectations, and certainly mothers with children under the age of what we were all, hopefully, brought up different strategies. 1 ought to be exempt. Women in the to think—that in order to live our lives We give States bonuses for putting third trimester of pregnancy, I believe fully as American citizens, in order to people to work, bonuses for exceeding of all people, ought to be exempt. achieve all that we want to do, we have the work threshold, and bonuses based Those living in high unemployment to take responsibility, and part of tak- on job retention, not just placement. It areas, that is above 8 percent—and ing responsibility means acquiring is not enough just to acquire a job. We there was a good colloquy this after- skills to work in whatever endeavor we want to ensure that those people have noon about what that means—should may choose. That is part of what it is the opportunity to stay in that job, to not be thrown into the street. You can- to become a productive citizen in this go beyond just the first month or 2 not expect someone to go out there and country. Whatever luxuries we may months or 3 months. We want to give find a job when there are simply no enjoy, whatever opportunities we may people careers—not just jobs—careers jobs available. have, whatever benefits we hope to ac- that give them satisfaction and reward So we base all of those exemptions, quire, in part is dependent upon our beyond just a check. Madam President, on set criteria, and ability and our desire to work. Those Finally, and perhaps this is the most that really is a fundamental difference are not just South Dakota values, as important—certainly our caucus feels between our bill and the bill introduced ingrained as they are in most people in that it is the most important— if we S 12714 CONGRESSIONAL RECORD — SENATE September 6, 1995 are going to create incentives for work, were in that situation, I would do ex- we have to provide a safety net to the we have to abolish the disincentives actly the same thing. How can we say, extent that it can be provided. We also that exist today. And there are two ‘‘We do not care if your kids get sick; recognize that we have a right to ex- profound disincentives. The one that you go out and flip hamburgers, and pect some responsibility. And it is that troubles me the most is to tell a young somehow your kid will get well with- balance between a safety net and re- woman, we want you to work, but you out health insurance.’’ sponsibility that always, in my view, have to leave your children somewhere Madam President, we are better than has to be considered as we make our to do so. We are not going to help you that. Those kids deserve better than decisions with regard to policy options. pay for it. We are not going to really that. And providing them with transi- We also have tough child support en- make much of an effort to help you tional Medicaid coverage is just com- forcement provisions. We base our pro- find adequate child care. We want you mon sense. visions on those proposed by the distin- to work, and you have to take care of So that is how we handle work. Five guished Senator from Maine, the Pre- your children regardless of cost. We do strategies, five very specific ideas on siding Officer, to improve interstate not care if you only net $1 an hour. We how we get people out the door, con- and intrastate collection. want you to work. We cannot accept fident that their children are cared for, We require that noncustodian par- that. confident that they have some real op- ents take responsibility, pay up, enter If we want real reform, then we owe portunities to change their lives. into a repayment plan or choose be- it to those families to do our level best The third goal is protecting children, tween community service and jail. I to help them find a way to take care of and so much of work and protecting am told that the default rate on used their children. I do not want to see 10 children is interrelated. But ensuring cars is 3 percent. The default rate on million children on the streets 10 years that child care and health care and child support is 50 percent in this coun- from now and everybody asking the maintaining the safety net we have try. question, as the distinguished ranking created for children is essential. If you We can do better than that, Madam member said so eloquently in our cau- are going to protect children, child President. And it is going to take cus, ‘‘How did it happen?’’ I do not care is a higher goal than simply the tougher enforcement requirements, a want to see more broken homes. I do money we save, as important as that realization that we can do a lot more not think any one of us ought to ask is, and I do not want to minimize it. than we have done so far in bringing the question, How is it so many people Health and Human Services esti- people to the responsibility that it is today do not have the appropriate up- mates the Republican plan has a short- going to take to make families families bringing, and we are filling our prisons fall of over $16 billion in protecting again, to give children the chance to be with people who do not know better, children, $10 billion in child care costs protected. That ought not just be a when there is no one at home to teach alone. That is the shortfall. Federal or State responsibility; it must them right from wrong? Now, maybe somebody someday can be a family and a parental responsibil- It is no mystery to me why crime is give us a projection on what that sav- ity. And the provisions of the Work going up, when two people in the same ings will ultimately generate in addi- First Act allow that to occur. household have to work night and day tional costs. How much more will we Finally, as I said, Madam President, to make ends meet, and oftentimes, be- pay later on for what we have saved our fourth goal is to ensure that we do cause they cannot afford child care, ra- today? not have the unfunded mandates, that tionalize that maybe it is OK to leave Madam President, we have to protect we all lament here from time to time. their children at home unattended day children, so we put an exemption to the And I am deeply concerned—of all the after day, night after night. That is un- time limit for children in our plan. concerns I have, other than child care acceptable. There ought not be any time limit for and the protection for children in the Today 60 percent of AFDC families children. We want to give them all the Republican bill, the greatest second are mothers with children under six— time they need to grow into productive concern most of us have with the bill over half. And we are going to ask citizens. We want to provide them with as it is now written is this requirement them to go out and get a job and some- every opportunity for rent, for cloth- for States to do so many new things, how miraculously have an angel appear ing, for whatever other needs they have but the absolute absence of resources somewhere to take care of their kids because it is not their fault they are in to do so. while they do so. We cannot do that. the position of needing assistance. It is We are not going to address the root Child care is critical. It enables peo- not their fault that their parents do causes of our problems if we simply ple to work. It is an investment in our not have a job. It is not their fault that rhetorically address them in new legis- kids. But the Republican plan has no they were born into families that may lation without providing the resources. money for children. There is none in or may not have any real chance of And there has to be an understanding there right now. So I do not know how success. But I can tell you this: If we of partnership. The Federal Govern- they expect to cope with that problem, do not care for them, their chance of ment and the States can work to- if, indeed, they want to solve the work success is gone. gether, local governments can work problem. We recognize as well that teenage with the Federal Government, but As I said, it is great to lay out all pregnancy is something we have to ad- there has to be a sharing of resources these goals, and it is great to set up a dress, so we ask that teen mothers be and an acquisition of resources in the new infrastructure that looks wonder- required to live at home or in some su- first place to make it happen. ful on a chart. But how great is it when pervised group home. We require that The Republican bill increases re- you get down to the real issue, when teen parents stay in school so they quirements on the States dramatically, you are going to tell someone they bet- have the skills they need to succeed in all kinds of new requirements that the ter find a job in a 6-month period of life. States are going to be expected to do— time, but there is no money for your I have had the opportunity on occa- a huge unfunded mandate. As I said, children. sion to talk to teen mothers who had Health and Human Services says over Health and Human Services said that no home and who were out there all by the next 7 years that unfunded man- we need an additional $10.7 billion to do themselves, despondent, desperate, re- dates will exceed $16 billion. So States it right over a 7-year period of time— jected. The chance for them is even less are going to be left with one of two op- $10.7 billion if we are going to do it. than all those who may have had some tions: ignore them or cut benefits and The second issue is health care. I do other opportunity. increase taxes to pay for them. not blame anybody for not taking a job This is one area in which there ought The costs are being shifted to the at a minimum wage in a McDonald’s not be a lot of State flexibility, in my States and ultimately they will be restaurant if all they get is $4.35 an opinion. I think it is critical that we shifted to localities and to the tax- hour and lose the health care their address the teenage pregnancy prob- payers, and in a mishmash of ways to children have access to through Medic- lem, given our limited understanding acquire the resources that I think aid today. I do not blame them for of what is occurring there. No one has would be very unfortunate. We need to doing that. I must tell you that if I all the answers. But we recognize that provide a guaranteed funding stream to September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12715 make this happen correctly. We do not from the President of the United munications and consensus building in want the Federal Government to be the States, together with an accompanying a less adversarial environment. biggest deadbeat dad of all. We do not report; which was referred to the Com- I am also directing the Adminis- want this bill to be the mother of all mittee on Governmental Affairs. trator of General Services to undertake unfunded mandates. And yet I fear, To the Congress of the United States: a review of possible actions to more Madam President, that is exactly what As provided by the Federal Advisory thoroughly involve the Nation’s citi- we are going to do unless we address Committee Act, as amended (Public zens in the development of Federal de- the concerns that many of us have Law 92–463; 5 U.S.C. App. 2, 6(c)), I am cisions affecting their lives. This re- raised in this debate already. So that is submitting my second Annual Report view should focus on the value of citi- really what we accomplish with this on Federal Advisory Committees cov- zen involvement as an essential ele- bill: No. 1, real reform; No. 2, an em- ering fiscal year 1994. ment of our efforts to reinvent Govern- phasis on work; No. 3, a desire and a This report highlights continuing ef- ment, as a strategic resource that must mechanism to ensure that we protect forts by my Administration to reduce be maximized, and as an integral part children; and No. 4, the assurance that and manage Federal advisory commit- of our democratic heritage. This effort we are not going to create something tees. Since the issuance of Executive may result in a legislative proposal to that nobody wants, a huge new un- Order No. 12838, as one of my first acts promote citizen participation at all funded mandate. as President, we have reduced the over- levels of government consistent with Madam President, I sincerely hope all number of discretionary advisory the great challenges confronting us. that tomorrow when the vote is taken, committees by 335 to achieve a net We continue to stand ready to work this can be a bipartisan vote, that a total of 466 chartered groups by the end with the Congress to assure the appro- number of Republicans who care as of fiscal year 1994. This reflects a net priate use of advisory committees and deeply as any of us do about all that we reduction of 42 percent over the 801 dis- to achieve the purposes for which this have addressed tonight will join with cretionary committees in existence at law was enacted. us in passing a bill we believe can ac- the beginning of my Administration— WILLIAM J. CLINTON. complish all that we want in changing substantially exceeding the one-third THE WHITE HOUSE, September 6, 1995. welfare reform and changing the cul- target required by the Executive order. f ture of welfare, in creating jobs, in pro- In addition, agencies have taken tecting children. We can do that. We steps to enhance their management INTRODUCTION OF BILLS AND can do it tomorrow afternoon. We can and oversight of advisory committees JOINT RESOLUTIONS do it by voting for the Work First bill. to ensure these committees get down The following bills and joint resolutions I yield the floor. to the public’s business, complete it, were introduced, read the first and second Mr. MOYNIHAN. Bravo. and then go out of business. I am also time by unanimous consent, and referred as Mr. GRASSLEY addressed the Chair. pleased to report that the total aggre- indicated: The PRESIDING OFFICER. The Sen- gate cost of supporting advisory com- By Mr. COATS: ator from Iowa. mittees, including the 429 specifically S. 1201. To provide for the awarding of f mandated by the Congress, has been re- grants for demonstration projects for kin- duced by $10.5 million or by over 7 per- ship care programs, and for other purposes; MORNING BUSINESS cent. to the Committee on Labor and Human Re- sources. Mr. GRASSLEY. I ask unanimous On October 5, 1994, my Administra- tion instituted a permanent process for S. 1202. A bill to provide for a role models consent that there now be a period for academy demonstration program; to the the transaction of morning business conducting an annual comprehensive Committee on Labor and Human Resources. with Senators permitted to speak up to review of all advisory committees S. 1203. A bill to provide for character de- 5 minutes each. through Office of Management and velopment; to the Committee on Labor and The PRESIDING OFFICER. Without Budget (OMB) Circular A–135, ‘‘Man- Human Resources. objection, it is so ordered. agement of Federal Advisory Commit- S. 1204. A bill to amend the United States Housing Act of 1937 to increase public hous- f tees.’’ Under this planning process, agencies are required to review all ad- ing opportunities for intact families; to the REPORT OF THE ACTIVITIES OF visory committees, terminate those no Committee on Banking, Housing, and Urban Affairs. THE U.S. GOVERNMENT IN THE longer necessary, and plan for any fu- S. 1205. A bill to provide for the establish- UNITED NATIONS DURING CAL- ture committee needs. ment of a mentor school program, and for ENDAR YEAR 1994—MESSAGE On July 21, 1994, my Administration other purposes; to the Committee on Labor FROM THE PRESIDENT—PM 77 forwarded for your consideration a pro- and Human Resources. The PRESIDING OFFICER laid be- posal to eliminate 31 statutory advi- S. 1206. A bill to amend the internal Reve- nue Code of 1986 to allow a refundable tax fore the Senate the following message sory committees that were no longer necessary. The proposal, introduced by credit for adoption expenses and to exclude from the President of the United from gross income employee and military States, together with an accompanying then Chairman Glenn of the Senate Committee on Governmental Affairs as adoption assistance benefits and withdrawals report; which was referred to the Com- from IRAs for certain adoption expenses, and mittee on Foreign Relations. S. 2463, outlined an additional $2.4 mil- to amend title 5, United States Code, to ex- lion in annual savings possible through clude from gross income employee and mili- To the Congress of the United States: the termination of these statutory tary adoption assistance benefits and with- I am pleased to transmit herewith a committees. I urge the Congress to drawals for IRAs for certain adoption ex- report of the activities of the United pursue this legislation—adding to it if penses, and for other purposes; to the Com- States Government in the United Na- possible—and to also follow our exam- mittee on Finance. tions and its affiliated agencies during ple by instituting a review process for S. 1207. A bill to amend part B of title IV the calendar year 1994. The report is re- statutory advisory committees to en- of the Social Security Act to provide for a set-aside of funds for States that have en- quired by the United Nations Partici- sure they are performing a necessary pation Act (Public Law 264, 79th Con- acted certain divorce laws, to amend the mission and have not outlived their Legal Services Corporation Act to prohibit gress; 22 U.S.C. 287b). usefulness. the use of funds made available under the WILLIAM J. CLINTON. My Administration also supports Act to provide legal assistance in certain THE WHITE HOUSE, September 6, 1995. changes to the Federal Advisory Com- proceedings relating to divorces and legal f mittee Act to facilitate communica- separations, and for other purposes; to the tions between Federal, State, local, Committee on Finance. REPORT ON FEDERAL ADVISORY and tribal governments. These changes S. 1208. A bill to amend the Internal Reve- COMMITTEES FOR FISCAL YEAR are needed to support this Administra- nue Code of 1986 to allow an additional earned income tax credit for married individ- 1994—MESSAGE FROM THE PRESI- tion’s efforts to expand the role of DENT—PM 78 uals and to prevent fraud and abuse involv- these stakeholders in governmental ing the earned income tax credit, and for The PRESIDING OFFICER laid be- policy deliberations. We believe these other purposes; to the Committee on Fi- fore the Senate the following message actions will help promote better com- nance. S 12716 CONGRESSIONAL RECORD — SENATE September 6, 1995 S. 1209. A bill to amend title V of the So- S. 1203. A bill to provide for character S. 1213. A bill to provide for the dis- cial Security Act to promote responsible development; to the Committee on position of unoccupied and substandard parenthood and integrated delivery of family Labor and Human Resources. multifamily housing projects owned by planning services by increasing funding for S. 1204. A bill to amend the United and block granting the family planning pro- the Secretary of Housing and Urban gram and the adolescent family life program; States Housing Act of 1937 to increase Development; to the Committee on to the Committee on Finance. public housing opportunities for intact Banking, Housing, and Urban Affairs. S. 1210. A bill to provide for educational families; to the Committee on Bank- S. 1214. A bill to direct the Secretary choice and equity; to the Committee on ing, Housing, and Urban Affairs. of Health and Human Services to estab- Labor and Human Resources. S. 1205. A bill to provide for the es- lish a program to provide pregnant S. 1211. A bill to provide incentive grants tablishment of a mentor school pro- women with certificates to cover ex- to States to improve methods of ordering, gram, and for other purposes; to the penses incurred in receiving services at collecting, and enforcing restitution to vic- Committee on Labor and Human Re- tims of crime, and for other purposes; to the maternity homes and to establish a Committee on the Judiciary. sources. demonstration program to provide ma- By Mr. COATS (for himself and Ms. S. 1206. A bill to amend the Internal ternity care services to certain unwed, MOSELEY-BRAUN): Revenue Code of 1986 to allow a refund- pregnant teenagers, and for other pur- S. 1212. A bill to provide for the establish- able tax credit for adoption expenses poses; to the Committee on Labor and ment of demonstration projects designed to and to exclude from gross income em- Human Resources. determine the social, civic, psychological, ployee and military adoption assist- S. 1215. A bill to evaluate the effec- and economic effects of providing to individ- ance benefits and withdrawals from uals and families with limited means an op- tiveness of certain community efforts portunity to accumulate assets, and to de- IRA’s for certain adoption expenses, in coordination with local police de- termine the extent to which an asset-based and to amend title 5, United States partments in preventing and removing welfare policy may be used to enable individ- Code, to exclude from gross income em- violent crime and drug trafficking uals and families with low income to achieve ployee and military adoption assist- from the community, in increasing economic self-sufficiency; to the Committee ance benefits and withdrawals from economic development in the commu- on Finance. IRAs for certain adoption expenses, nity, and in preventing or ending retal- By Mr. COATS: and for other purposes; to the Commit- S. 1213. A bill to provide for the disposition iation by perpetrators of crime against of unoccupied and substandard multifamily tee on Finance. community residents, and for other housing projects owned by the Secretary of S. 1207. A bill to amend part B of title purposes; to the Committee on the Ju- Housing and Urban Development; to the IV of the Social Security Act to pro- diciary. Committee on Banking, Housing, and Urban vide for a set-aside of funds for States S. 1216. A bill to amend the Internal Affairs. that have enacted certain divorce laws, Revenue Code of 1986 to provide a tax S. 1214. A bill to direct the Secretary of to amend the Legal Services Corpora- credit for individuals who provide care Health and Human Services to establish a tion Act to prohibit the use of funds program to provide pregnant women with in their home for certain individuals in certificates to cover expenses incurred in re- made available under the Act to pro- need, and for other purposes; to the ceiving services at maternity homes and to vide legal assistance in certain pro- Committee on Finance. establish a demonstration program to pro- ceedings relating to divorces and legal S. 1217. A bill to encourage the provi- vide maternity care services to certain separations, and for other purposes; to sion of medical services in medically unwed, pregnant teenagers, and for other the Committee on Finance. underserved communities by extending purposes; to the Committee on Labor and S. 1208. A bill to amend the Internal Federal liability coverage to medical Human Resources. Revenue Code of 1986 to allow an addi- S. 1215. A bill to evaluate the effectiveness volunteers, and for other purposes; to of certain community efforts in coordination tional earned income tax credit for the Committee on Labor and Human with local police departments in preventing married individuals and to prevent Resources. and removing violent crime and drug traf- fraud and abuse involving the earned S. 1218. A bill to provide seed money ficking from the community, in increasing income tax credit, and for other pur- to States and communities to match, economic development in the community, poses; to the Committee on Finance. on a volunteer basis, nonviolent crimi- and in preventing or ending retaliation by S. 1209. A bill to amend title V of the nal offenders and welfare families with perpetrators of crime against community Social Security Act to promote respon- churches that volunteer to offer assist- residents, and for other purposes; to the sible parenthood and integrated deliv- Committee on the Judiciary. ance, and for other purposes; to the S. 1216. A bill to amend the Internal Reve- ery of family planning services by in- Committee on Labor and Human Re- nue Code of 1986 to provide a tax credit for creasing funding for and block granting sources. individuals who provide care in their home the family planning program and the CIVIL SOCIETY LEGISLATION for certain individuals in need, and for other adolescent family life program; to the Mr. COATS. Mr. President, I come to purposes; to the Committee on Finance. Committee on Finance. the Senate floor today to introduce a S. 1217. A bill to encourage the provision of S. 1210. A bill to provide for edu- broad package of legislation motivated medical services in medically underserved cational choice and equity; to the Com- communities by extending Federal liability by a single conviction. That conviction mittee on Labor and Human Resources. is that we will never have a strong so- coverage to medical volunteers, and for S. 1211. A bill to provide incentive other purposes; to the Committee on Labor ciety if our civil society is weak. The grants to States to improve methods of and Human Resources. order of our streets, the character of ordering, collecting, and enforcing res- S. 1218. A bill to provide seed money to our children, and the renewal of our titution to victims of crime, and for States and communities to match, on a vol- cities all depend directly on the health unteer basis, nonviolent criminal offenders other purposes; to the Committee on of families and neighborhoods, on the and welfare families with churches that vol- the Judiciary. unteer to offer assistance, and for other pur- strength of grassroots community or- poses; to the Committee on Labor and By Mr. COATS (for himself and ganizations, and on the vitality of pri- Human Resources. Ms. MOSELEY-BRAUN): vate and religious institutions that f S. 1212. A bill to provide for the es- care for those in need because it is tablishment of demonstration projects these institutions that transmit values STATEMENTS ON INTRODUCED designed to determine the social, civic, between generations, that encourage BILLS AND JOINT RESOLUTIONS psychological, and economic effects of cooperation between citizens, and By Mr. COATS: providing to individuals and families make our communities seem smaller, S. 1201. A bill to provide for the with limited means an opportunity to more friendly, and more manageable. awarding of grants for demonstration accumulate assets, and to determine In nearly every community, rich and projects for kinship care programs, and the extent to which an asset-based wel- poor, they once created an atmosphere for other purposes; to the Committee fare policy may be used to enable indi- in which most problems—from a teen- on Labor and Human Resources. viduals and families with low income age girl in trouble to the rowdy neigh- S. 1202. A bill to provide for a role to achieve economic self-sufficiency; to borhood kids—could be confronted be- model academy demonstration pro- the Committee on Finance. fore their repetition threatened the gram; to the Committee on Labor and very existence of the community itself. Human Resources. By Mr. COATS: It is an increasingly clear fact of social September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12717 science, and I think something evident ing them. However, I do want to take a think there is another reason we to all of us in teaching of common few moments to describe the theory be- should adopt this approach. We should sense, that when this network of civil hind these proposals. Each one is de- adopt it because it is profoundly hope- society is strong, there is hope, hope in signed to encourage in the margin ful. These institutions do not just feed communities, hope in families, hope in where it is possible three levels of soci- the body but they touch the soul. They America. And when it is weak, we find ety. have the power to transform individ- a destructive form of despair that per- First, eight of the bills are directed uals and renew our society. There is vades our land. at strengthening the role of families simply no alternative that holds such This fact is a challenge to the left and specifically fathers and, in their promise. which tends to concentrate on individ- absence, providing mentoring pro- Mr. President, I send to the desk the uals and their rights, not communities grams. This is the most basic level of text of these 18 bills and ask that they and their standards. But it is also a civil society and, I would suggest, the be printed in the RECORD, and I hope challenge to the right which seems to most vulnerable level of civil society that my colleagues will look at them overconcentrate on simply transferring today. carefully. funds from one bureaucracy to another Second, six of the bills I am introduc- Mr. President, I yield the floor. and changing the incentives of the cur- ing are aimed at encouraging private, Mr. PACKWOOD addressed the Chair. rent welfare system. local, grassroots organizations that are The PRESIDING OFFICER. The Sen- Make no mistake. I support the goal renewing their own communities: com- ator from Oregon. Mr. PACKWOOD. I congratulate the of limiting government and of transfer- munity development corporations, Senator from Indiana. He and I are on ring resources and authority to levels neighborhood watches, maternity exactly the same wavelength on this. of government closer to the people. But group homes, small businesses. When we were debating the welfare bill our deepest social problems, especially And, finally, four of the bills are de- initially a few weeks ago before the re- illegitimacy and violence, are not root- signed to encourage private and faith- cess, I cited from a little pamphlet ed in economic incentives or the level based charities in individual acts of called ‘‘To Empower People—The Role of government where spending takes compassion. They have an effectiveness of Mediating Structures in Public Pol- place. I suggest they are rooted in the denied to government because they icy.’’ It is 20 years old and it is by breakdown of value-shaping institu- have the resources of love and spiritual Peter Berger and Richard John tions. Government has always de- renewal that no government can or Neuhaus, two quasi-philosophers. One pended on these institutions. It does even should provide. has some background in religion. I will not create them. There is no legislative This legislative package is part of a quote just the first page: package that I or anyone could offer larger report and larger effort, which I that would rebuild them. And there is have titled the ‘‘Project for American Two seemingly contradictory tendencies are evident in current thinking about public no legislative package that could ever Renewal.’’ policy in America. be written to replace them, although I have undertaken this project with Bear in mind, this is 20 years ago. we have had an experiment here for the Dr. William Bennett. I intend to call a series of hearings on these themes. We First, there is a continuing desire for serv- last 30 years or so with failed bureau- ices provided by the modern welfare cratic government approaches to these intend together to speak out on the state . . . The second tendency is one of problems. goals, the theory behind the goals, and strong animus against Government bureauc- There is, however, I would suggest, the specific elements of the proposal. racy and bigness as such. an urgent need for Government to re- We attempt to highlight the extraor- And then here I might even disagree spect, recognize and, wherever possible, dinary success of some of these private with this sentence. encourage this network of institutions and faith-based charities and the cor- We suggest that the modern welfare state that creates community. This, I am responding failure of Government bu- is here to stay, indeed that it ought to ex- convinced, is the next challenge for reaucracies to address some of our pand the benefits it provides—but that alter- this Congress and the next stage of the most fundamental, underlying social native mechanisms are possible to provide Republican revolution. problems. Two hearings are already welfare state services. After the reach of government is lim- scheduled for the end of September. And then they just leapfrog even ited, as it must be, the question is how We also intend to raise this debate State and local governments and they do we nurture the caring safety net of with Presidential candidates and in the identify for us neighborhood, family, civil society? How do we depend on it Republican platform. It is my convic- church, and voluntary associations. rather than undermine it or attempt to tion that the Republican revolution And that is why we have put in our bill replace it? This concern should reori- will fail unless we have a message of to the extent we can make it constitu- ent our thinking and our efforts. Our hope that our worst social problems tional that there is no prohibition central goal should be to respect and are not permanent features of Amer- about giving money to the Goodwill or reinvigorate those traditional struc- ican life, that these challenges are and Catholic Charities or a Jewish home tures—families, schools, neighbor- can be confronted not by failed Govern- for the aged if they are administering hoods, voluntary associations—that ment efforts but by private community social services that we deem relevant. provide training in citizenship and pass faith-based institutions that nurture And just because there happens to be morality from generation to genera- lives and bring renewed hope. a menorah in the hallway or a cross on tion. I want to assure my Republican col- the wall should not make them ineli- I hope this is a specific debate—that leagues I believe in devolution, limit- gible to deliver the kinds of services is what I want—not a general discus- ing government, giving authority and that they deliver better than any gov- sion. So I have made and will offer this resources to State governments, but ernment we have ever seen. I am sure morning a series of specific proposals. there is a bolder form of devolution the Senator, as I have, has been to They are not, and I do not pretend that I think should take place beyond shelter workshops and has seen the them to be, a total solution to the government. We should not only trans- Salvation Army or Goodwill and what problems that we face in society. But it fer resources and authority to States they do with a minuscule amount of is on these issues that I believe a con- but beyond government entirely to money and lots of volunteers and com- structive argument can begin. those private institutions that human- munity spirit that cannot be bought. If I have 18 specific pieces of legisla- ize our lives and reclaim our commu- you try to buy it, you lose the spirit. tion. People can take these 18 bills as a nities. And so I am delighted with what the blueprint or as a target. But my goal is This I believe is the next step for Re- Senator had to say today. And we are to start a debate on items that I be- publicans. It is also a theme that I on exactly the same wavelength. I hope lieve matter. I will not take the time think will challenge the creativity of we are successful. this morning to describe each of these both parties and may likely cross party Mr. COATS. I thank the Senator proposals, but in the next few days lines. We should adopt this approach from Oregon for his remarks, and I every Member of the Senate and the because the alternative, centralized bu- look forward to the analysis of the leg- House will receive material summariz- reaucratic control, has failed. But I islative items I put forward. Again, I S 12718 CONGRESSIONAL RECORD — SENATE September 6, 1995 want to say there is no legislation that (3) establish such procedures as may be and churches to provide mentoring to Acad- necessarily can adequately address this necessary to ensure the safety of children emy students. underlying problem, but there are cer- who are placed with adult relatives; and (4) To provide for a community partnership (4) establish such procedures as may be tainly things that I think we can do to between the Academy and the local school necessary to ensure that reasonable efforts system under which model Academy stu- encourage and to nurture, to provide will be made prior to the placement of a dents will serve as mentors to at-risk youth respect and, hopefully, some measure child in foster care to give notice to an adult who are attending school to provide such in- of support to these institutions which, relative (including a maternal or paternal school at-risk youth with valuable instruc- as the Senator from Oregon has said, grandparent, sibling, aunt, or uncle who tion and insights regarding— just do remarkable jobs because they might be available to care for the child). (A) the prevention of drug use and crime; go beyond providing mere material (c) EVALUATION.—The Secretary shall, di- (B) self-restraint; and rectly or through contracts with public or (C) conflict resolution skills. needs and meeting those needs, which private entities, provide for the conduct of is important, but they also can trans- (5) To provide Academy students with— evaluations of demonstration projects car- (A) the tools to become productive citi- form lives. ried out under subsection (a) and for the dis- zens; It is something that government can- semination of information developed as a re- (B) learning skills; not do to the extent that we can con- sult of such projects. (C) traditional, moral, ethical, and family stitutionally. And we had the same SEC. 3. PROCEDURES TO PLACE CHILDREN WITH values; concerns as we drafted this legislation. RELATIVES. (D) work ethics; Can we constitutionally encourage A State that receives a grant under this (E) motivation; Act shall develop procedures to ensure that (F) self-confidence; and these mediating institutions? I think reasonable efforts will be made prior to the our society will find that source of (G) pride. placement of a child in foster care, to pro- (6) To provide employment opportunities hope that so often is absent from our vide notice to a relative (including a mater- at the Academy for former members of the discussions. nal or fraternal grandparent, adult sibling, Armed Forces and participants in the pro- I thank the Senator from Oregon. aunt, or uncle) who might be available to gram assisted under section 1151 of title 10, Mr. PACKWOOD. It is interesting. care for the child. United States Code (Troops to Teachers Pro- Maybe the only constant in history is SEC. 4. AUTHORIZATION OF APPROPRIATIONS. gram). change. In the early common law, 13th, There are authorized to be appropriated to (7) To make the Academy available, upon 14th, 15th century, juries were picked carry out this Act $30,000,000 for each of the demonstration of success, for expansion or on the basis that they knew the defend- fiscal years 1996, 1997, and 1998. duplication throughout every State, through block grant funding or other means. ant, not that they did not know the de- S. 1202 fendant or did not know the facts. SEC. 3. ACADEMY ESTABLISHED. Be it enacted by the Senate and House of Rep- The Secretary shall carry out a demonstra- These were neighborhood institutions. resentatives of the United States of America in tion program under which the Secretary es- And who better to judge somebody Congress assembled, tablishes a four-year, residential, military than a group that knew somebody. SECTION 1. SHORT TITLE; PURPOSE; DEFINI- style academy— We moved totally away from that. TIONS. (1) that shall offer at-risk youth secondary Now we sequester the Simpson jury for (a) SHORT TITLE.—This Act may be cited as school coursework and vocational training, months and months and months so the ‘‘Role Models Academy Demonstration and that may offer precollegiate coursework; Act’’. (2) that focuses on the education and voca- they do not know anybody, hopefully. (b) PURPOSE.—The purpose of this Act is to But that was an attempt by the law 500 tional training of youth at risk of delin- establish a Role Models Academy that— quency or dropping out of secondary school; years ago to say, ‘‘We think neighbors (1) serves as a model, residential, military (3) whose teachers are primarily composed are better judges of people than any- style magnet school for at-risk youth from of former members of the Armed Forces or body else.’’ We moved away from it, around the Nation who cease to attend sec- participants in the program assisted under maybe wisely, maybe not. But the con- ondary school before graduation from sec- section 1151 of title 10, United States Code cept is not new that neighborhood ondary school; and (Troops to Teachers Program), if such former knows better than anybody else. (2) will foster a student’s growth and devel- members or participants are qualified and Mr. President, I ask unanimous con- opment by providing a residential, con- trained to teach at the Academy; trolled environment conducive for develop- sent that the text of the bills be print- (4) that operates a mentoring program ing leadership skills, self-discipline, citizen- that— ed in the RECORD. ship, and academic and vocational excellence (A) utilizes mentors from all sectors of so- There being no objection, the bills in a structured living and learning environ- ciety to serve as role models for Academy were ordered to be printed in the ment. students; RECORD, as follows: (c) DEFINITIONS.—For the purpose of this (B) provides, to the greatest extent pos- S. 1201 Act— sible, one-to-one mentoring relationships be- (1) the term ‘‘Academy’’ means the acad- Be it enacted by the Senate and House of Rep- tween mentors and Academy students; and emy established under section 3; resentatives of the United States of America in (C) involves mentors providing academic (2) the term ‘‘former member of the Armed Congress assembled, tutoring, advice, career counseling, and role Forces’’ means any individual who was dis- SECTION 1. SHORT TITLE. models; charged or released from service in the This Act may be cited as the ‘‘Kinship Care (5) that may contain a Junior Reserve Offi- Armed Forces under honorable conditions; Act of 1995’’. cers’ Training Corps unit established in ac- (3) the term ‘‘local educational agency’’ cordance with section 2031 of title 10, United SEC. 2. KINSHIP CARE DEMONSTRATION. has the meaning given that term in section States Code; (a) GRANTS.—The Secretary of Health and 14101 of the Elementary and Secondary Edu- (6) that is housed on the site of any mili- Human Services (hereafter referred to in this cation Act of 1965 (20 U.S.C. 8801); tary installation closed pursuant to a base Act as the ‘‘Secretary’’) shall award grants (4) the term ‘‘secondary school’’ has the closure law; and to States for demonstration projects to as- meaning given that term in section 14101 of (7) if the Secretary determines that the sist such States in developing or implement- the Elementary and Secondary Education Academy is effective, that serves as a model ing procedures to use adult relatives as the Act of 1965 (20 U.S.C. 8801); and for similar military style academies preferred placement for children removed (5) the term ‘‘Secretary’’ means the Sec- throughout the United States. from their parents, so long as— retary of Education. (1) such relatives are determined to be ca- SEC. 4. AUTHORIZATION. pable of providing a safe, nurturing environ- SEC. 2. OBJECTIVES. There are authorized to be appropriated ment for the child; or The objectives of this Act are as follows: $30,000,000 for fiscal year 1996 and such sums (2) such relatives comply with all relevant (1) To provide a comprehensive, coherent, as may be necessary for each of the fiscal Federal and State child protection stand- integrated, high quality, cost-effective, resi- years 1997, 1998, 1999, and 2000 to carry out ards. dential, education and vocational training this Act. (b) REQUIREMENTS.—To be eligible to re- academy for the Nation’s at-risk youth, de- ceive a grant under subsection (a), a State signed to meet the entrance demands of col- S. 1203 shall— leges and universities and the needs of em- Be it enacted by the Senate and House of Rep- (1) agree to, at a minimum, provide a ployers. resentatives of the United States of America in needs-based payment and supportive serv- (2) To establish a comprehensive, national Congress assembled, ices, as appropriate, with respect to children partnership investment model among the SECTION 1. SHORT TITLE AND PURPOSES. in a kinship care arrangement; Federal Government, States, corporate (a) SHORT TITLE.—This Act may be cited as (2) agree to give preference to adult rel- America, and colleges and universities. the ‘‘Character Development Act’’. atives who meet applicable adoption stand- (3) To provide for community partnerships (b) PURPOSES.—The purposes of this Act ards in making adoption placements; among local community leaders, businesses, are— September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12719 (1) to reduce the school dropout rate for at- (1) providing an equitable geographic dis- SEC. 7. APPLICATIONS. risk youth; tribution of such grants, including awarding (a) IN GENERAL.—Each entity desiring a (2) to improve the academic performance of such grants for mentoring programs in both grant under this Act shall submit an applica- at-risk youth; and rural and urban areas; tion to the Secretary at such time, in such (3) to reduce juvenile delinquency and gang (2) the quality of the mentoring program manner, and accompanied by such informa- participation. described in the application submitted under tion as the Secretary may reasonably re- SEC. 2. DEFINITIONS. section 7, including— quire. For the purposes of this Act— (A) the resources, if any, that will be dedi- (b) MENTORING PROGRAMS.—Each applica- (1) the term ‘‘at-risk youth’’ means a cated to providing participating at-risk tion submitted under subsection (a) for a youth at risk of— youth with opportunities for job training or grant under section 3 shall contain— (A) educational failure; postsecondary education; and (1) information on the at-risk youth ex- (B) dropping out of school; or (B) the degree to which parents, teachers, pected to be served; (C) involvement in delinquent activities; community-based organizations, and the (2) a provision describing the mechanism (2) the term ‘‘eligible local educational local community participate in the design for matching at-risk youth with mentors agency’’ means a local educational agency and implementation of the mentoring pro- based on the needs of the at-risk youth; that has entered into a partnership, with a gram; and (3) an assurance that no mentor will be as- community-based organization that provides (3) the capability of the eligible local edu- signed to more than one at-risk youth, so as one-to-one mentoring services, to carry out cational agency to effectively implement the to ensure a one-to-one mentoring relation- the authorized activities described in section mentoring program. ship; 5 in accordance with this Act; SEC. 4. IMPLEMENTATION AND EVALUATION (4) an assurance that a mentoring program (3) the terms ‘‘elementary school’’, ‘‘local GRANTS. operated in a secondary school will provide educational agency’’, and ‘‘secondary The Secretary is authorized to award at-risk youth with a variety of experiences school’’, have the meanings given such terms grants to national organizations or agencies and support, including— in section 14101 of the Elementary and Sec- serving youth to enable such organizations (A) an opportunity to spend time in a work ondary Education Act of 1965 (20 U.S.C. 8801); or agencies— environment and, when possible, participate (4) the term ‘‘mentor’’ means a person who (1) to conduct a multisite demonstration in the work environment; works with an at-risk youth on a one-to-one project, involving 5 to 10 project sites, that— (B) an opportunity to witness the job skills basis, to establish a supportive relationship (A) provides an opportunity to compare that will be required for the at-risk youth to with the youth and to provide the youth various one-to-one mentoring models for the obtain employment upon graduation; with academic assistance and exposure to purpose of evaluating the effectiveness and (C) assistance with homework assign- new experiences that enhance the youth’s efficiency of such models; ments; and ability to become a better student and a re- (B) allows for innovative programs de- (D) exposure to experiences that the at- sponsible citizen; and signed under the oversight of a national or- risk youth might not otherwise encounter; (5) the term ‘‘Secretary’’ means the Sec- ganization or agency serving youth, which (5) an assurance that the mentoring pro- retary of Education. programs may include— gram operated in elementary schools will SEC. 3. MENTORING PROGRAMS. (i) technical assistance; provide at-risk youth with— (a) GRANT AUTHORITY.—The Secretary is (ii) training; and (A) academic assistance; authorized to award grants to eligible local (iii) research and evaluation; and (B) exposure to new experiences and activi- educational agencies to enable such agencies (C) disseminates the results of such dem- ties that at-risk youth might not encounter to establish mentoring programs that— onstration project to allow for the deter- on their own; and (1) are designed to link— mination of the best practices for various (C) emotional support; (A) individual at-risk youth; with mentoring programs; (6) an assurance that the mentoring pro- (B) responsible, individual adults who serve (2) to develop and evaluate screening gram will be monitored to ensure that each as mentors; and standards for school-linked mentoring pro- at-risk youth participating in the mentoring (2) are intended to— grams; and program benefits from a mentor relation- (A) increase at-risk youth participation in, (3) to develop and evaluate volunteer re- ship, including providing a new mentor as- and enhance the ability of such youth to cruitment activities for school-linked signment if the original mentoring relation- benefit from, elementary and secondary edu- mentoring programs. ship is not beneficial to the at-risk youth; cation; (7) the methods by which mentors and at- (B) discourage at-risk youth from— SEC. 5. AUTHORIZED ACTIVITIES. (a) PERMITTED USES.—Grant funds awarded risk youth will be recruited to the mentoring (i) using illegal drugs; program; (ii) violence; under this Act (other than grant funds awarded under section 4) shall be used for— (8) the method by which prospective men- (iii) using dangerous weapons; tors will be screened; and (iv) criminal activity not described in (1) hiring of mentoring coordinators and support staff; (9) the training that will be provided to clauses (i), (ii), and (iii); and mentors. (v) involvement in gangs; (2) recruitment, screening and training of SEC. 8. EVALUATION. (C) promote personal and social respon- adult mentors; (a) EVALUATION.—The Comptroller General sibility among at-risk youth; (3) reimbursement of mentors for reason- of the United States shall enter into a con- (D) encourage at-risk youth participation able incidental expenditures, such as trans- tract, with an evaluating organization that in community service and community activi- portation, that are directly associated with has demonstrated experience in conducting ties; or mentoring, except that such expenditures evaluations, for the conduct of an ongoing (E) provide general guidance to at-risk shall not exceed $500 per mentor per calendar rigorous evaluation of the programs and ac- youth. year; or (b) AMOUNT AND DURATION.—Each grant (4) such other purposes as the Secretary tivities assisted under this Act. under this section shall be awarded in an determines may be reasonable. (b) EVALUATION CRITERIA.—The Comptrol- amount not to exceed a total of $200,000 over (b) PROHIBITED USES.—Grant funds awarded ler General of the United States, in consulta- a period of not more than three years. under this Act shall not be used— tion with the Secretary, shall establish mini- (c) PRIORITY.—The Secretary shall give pri- (1) to directly compensate a mentor, ex- mum criteria for evaluating the programs ority to awarding a grant under this section cept as provided under subsection (a)(3); and activities assisted under this Act. Such to an application submitted under section 7 (2) to obtain educational or other mate- criteria shall provide for a description of the that— rials or equipment that would otherwise be implementation of each program or activity (1) describes a mentoring program in which used in the ordinary course of the grant re- assisted under this Act and such program or 60 percent or more of the at-risk youth to be cipient’s operations; activity’s effect on all participants, schools, served are eligible for assistance under part (3) to support litigation; or communities, and youth served by such pro- A of title I of the Elementary and Secondary (4) for any other purposes that the Sec- gram or activity. Education Act of 1965 (20 U.S.C. 6311 et seq.); retary determines are prohibited. SEC. 9. REPORTS. (2) describes a mentoring program that SEC. 6. REGULATIONS AND GUIDELINES. (a) REPORT BY GRANT RECIPIENTS.—Each serves at-risk youth who are— (a) REGULATIONS.—The Secretary, after entity receiving a grant under this Act shall (A) at risk of dropping out of school; or consultation with the Secretary of Health submit to the evaluating organization enter- (B) involved in delinquent activities; and and Human Services, the Attorney General, ing into the contract under section 8(a)(1) an (3) demonstrates the ability of the eligible and the Secretary of Labor, shall provide for annual report regarding any program or ac- local educational agency to continue the the promulgation of regulations to imple- tivity assisted under this Act. Each such re- mentoring program after the termination of ment this Act. port shall be submitted at such a time, in the Federal funds provided under this sec- (b) GUIDELINES.—The Secretary shall de- such a manner, and accompanied by such in- tion. velop and distribute to eligible local edu- formation, as such evaluating organization (d) OTHER CONSIDERATIONS.—In awarding cational agencies receiving a grant under may require. grants under this section, the Secretary section 3 specific model guidelines for the (b) REPORTS BY COMPTROLLER GENERAL.— shall give consideration to— screening of mentors. The Comptroller General shall submit to S 12720 CONGRESSIONAL RECORD — SENATE September 6, 1995

Congress not later than September 30, 1999, a and are not prohibited under the regulations (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- report regarding the success and effective- under title IX of the Education Amendments CIES.—The Secretary shall only award a ness of grants awarded under this Act in re- of 1972 (20 U.S.C. 1681 et seq.), as such regula- grant under paragraph (1) to a local edu- ducing the school dropout rate, improving tions were in effect on the day preceding the cational agency that— academic performance of at-risk youth, and date of enactment of this Act, so long as— (A) receives funds under section 1124A of reducing juvenile delinquency and gang par- (A) comparable courses, services and facili- the Elementary and Secondary Education ticipation. ties are available to students of each sex; Act of 1965 (20 U.S.C. 6334); and SEC. 10. AUTHORIZATION OF APPROPRIATIONS. and (B) is among the 20 percent of local edu- (a) MENTORING PROGRAMS.—There is au- (B) the same policies and criteria for ad- cational agencies receiving funds under sec- thorized to be appropriated $35,000,000 for mission to such schools are used for both tion 1124A (20 U.S.C. 6334) of such Act in the each of the fiscal years 1996, 1997, 1998, 1999, sexes. State that have the highest number of chil- and 2000 to carry out section 3. (c) PURPOSES.—It is the purpose of this dren described in section 1124(c) (20 U.S.C. Act— (b) IMPLEMENTATION AND EVALUATION 6333(c)) of such Act. (1) to award grants to local educational GRANTS.—There is authorized to be appro- (b) GRANT PERIODS.—Each grant under sub- agencies for the establishment of same gen- priated $5,000,000 for each of the fiscal years section (a) may be awarded for a period of der schools for low-income students; 1996, 1997, 1998, 1999, and 2000 to carry out sec- not more than 5 years, of which a local edu- (2) to determine whether same gender tion 4. cational agency may use not more than 1 schools make a difference in the educational year for planning and program development achievement and opportunities of low-in- S. 1204 for a mentor school. come, educationally disadvantaged individ- (c) LIMITATION.—The Secretary shall not Be it enacted by the Senate and House of Rep- uals; award more than 1 grant under this Act to resentatives of the United States of America in (3) to improve academic achievement and support a particular mentor school. Congress assembled, persistence in school; and (d) MENTOR SCHOOL ADVISORY BOARD.— SECTION 1. SHORT TITLE. (4) to involve parents in the educational Each local educational agency receiving a This Act may be cited as the ‘‘Family options and choices of their children. grant under this Act shall establish a mentor Housing Act of 1995’’. SEC. 2. DEFINITIONS. school advisory board. Such advisory board SEC. 2. PUBLIC HOUSING FOR INTACT FAMILIES. As used in this Act— shall be composed of school administrators, Section 6(c)(4)(A) of the United States (1) the term ‘‘evaluating agency’’ means parents, teachers, local government officials Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) any academic institution, consortium of pro- and volunteers involved with a mentor is amended— fessionals, or private or nonprofit organiza- school. Such advisory board shall assist the (1) in clause (iii), by striking ‘‘and’’ at the tion, with demonstrated experience in con- local educational agency in developing the end; ducting evaluations, that is not an agency or application for assistance under section 4 (2) in clause (iv), by striking the period at instrumentality of the Federal Government; and serve as an advisory board in the func- the end and inserting ‘‘; and’’; and (2) the term ‘‘mentor school’’ means a pub- tioning of the mentor school. lic elementary school or secondary school, or (3) by adding at the end the following new (e) ALTERNATIVE TEACHING CERTIFICATES.— consortium of such schools, that— clause: Each local educational agency operating a (A)(i) in the case of a public elementary ‘‘(v) for not less than 15 percent of the mentor school under this Act is encouraged school or secondary school, receives funds units that are made available for occupancy to employ teachers with alternative teaching under this Act; or in a given fiscal year, give preference to any certificates, including participants in the (ii) in the case of a consortium of such family that includes 2 individuals who are le- program assisted under section 1151 of title schools, all of which receive funds under this gally married to each other;’’. 10, United States Code (Troops to Teachers Act; Program). (B) develops a plan for, and provides access S. 1205 to— SEC. 4. APPLICATIONS. Be it enacted by the Senate and House of Rep- (i) a school for boys; (a) APPLICATIONS REQUIRED.—Each local resentatives of the United States of America in (ii) a school for girls; and educational agency desiring a grant under Congress assembled, (iii) a coeducational school; this Act shall submit an application to the SECTION 1. SHORT TITLE; FINDINGS; AND PUR- (C) gives parents the option of choosing to Secretary at such time, in such manner and POSES. send their child to each school described in accompanied by such information as the Sec- (a) SHORT TITLE.—This Act may be cited as subparagraph (B); retary may reasonably require. the ‘‘Mentor Schools Act’’. (D) admits students on the basis of a lot- (b) APPLICATION CONTENTS.—Each applica- (b) FINDINGS.—The Congress finds that— tery, if more students apply for admission to tion described in subsection (a) shall in- (1) while low-income students have made a school described in clause (i) or (ii) of sub- clude— significant gains with respect to educational paragraph (B) that can be accommodated; (1) a description of the educational pro- achievement and attainment, considerable (E) operates, as part of the educational gram to be implemented by the proposed gaps still persist for these students in com- program of a school described in clause (i) or mentor school, including— parison to those from more affluent socio- (ii) of subparagraph (B), a one-to-one (A) the grade levels or ages of children to economic backgrounds; mentoring program that— be served; and (2) our Nation has a compelling interest in (i) involves members from the community (B) the curriculum and instructional prac- assuring that all children receive a high served by such school as volunteer mentors; tices to be used; quality education; (ii) pairs an adult member of such commu- (2) a description of the objectives of the (3) new methods and experiments to revi- nity with a student of the same gender as local educational agency for the mentor talize the educational achievement of, and such member; and school and a description of how such agency opportunities for, low-income individuals (iii) involves the collaboration of one or intends to monitor and study the progress of must be a part of any comprehensive solu- more community groups with experience in children participating in the mentor school; tion to the problems in our Nation’s edu- mentoring or other relationship development (3) a description of how the local edu- cational system; activities; and cational agency intends to include in the (4) successful educational alternatives (F) operates in pursuit of improving mentor school administrators, teaching per- should be widely implemented to better the achievement among all children based on a sonnel, and role models from the private sec- education of low-income individuals; specific set of educational objectives deter- tor; (5) preliminary research shows that same mined by the local educational agency ap- (4) a description of how school administra- gender schools produce promising academic plying for a grant under this part, in con- tors, parents, teachers, local government and and behavioral improvements in both sexes junction with the mentor school advisory volunteers will be involved in the design and for low-income, educationally disadvantaged board established under section 3(d), and implementation of the mentor school; students; agreed to by the Secretary; (5) a description of the one-to-one (6) extensive data on same gender schools (3) the term ‘‘mentor school advisory mentoring program required by section are needed to determine whether same gen- board’’ means an advisory board established 2(2)(E); der schools are closely tailored to achieving in accordance with section 3(d); and (6) a description of how the local edu- the compelling government interest in assur- (4) the term ‘‘Secretary’’ means the Sec- cational agency or the State, as appropriate, ing that all children are educated to the best retary of Education. will provide for continued operation of the of their ability; SEC. 3. PROGRAM AUTHORIZED. mentor school once the Federal grant has ex- (7) in recent years efforts to experiment (a) AUTHORITY.— pired, if such agency determines that such with same gender schools have been inhib- (1) IN GENERAL.—From amounts made school is successful; ited by lawsuits and threats of lawsuits by available under section 7, the Secretary is (7) a description of how the grant funds private groups as well as governmental enti- authorized to award grants to not more than will be used; ties; and 100 local educational agencies for the plan- (8) a description of how students in attend- (8) same gender schools are a legal edu- ning and operation of one or more mentor ance at the mentor school, or in the commu- cational alternative to coeducational schools schools. nity served by such school, will be— September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12721

(A) informed about such school; and S. 1206 (c) EFFECTIVE DATE.—The amendments (B) informed about the fact that admission Be it enacted by the Senate and House of Rep- made by this section shall apply to taxable to a school described in section 2(2)(B) is resentatives of the United States of America in years beginning after December 31, 1995. completely voluntary; Congress assembled, TITLE II—ADOPTION ASSISTANCE FOR (9) a description of how grant funds pro- SECTION 1. SHORT TITLE. FEDERAL EMPLOYEES vided under this Act will be used in conjunc- This Act may be cited as the ‘‘Adoption tion with funds provided to the local edu- SEC. 201. REIMBURSEMENT FOR ADOPTION EX- Assistance Act’’. PENSES. cational agency under any other program ad- TITLE I—GENERAL ADOPTION (a) IN GENERAL.—Subpart G of part III of ministered by the Secretary; ASSISTANCE title 5, United States Code, is amended by (10) an assurance that the local edu- adding at the end the following: cational agency will annually provide the SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES. Secretary such information as the Secretary ‘‘CHAPTER 90—MISCELLANEOUS (a) IN GENERAL.—Subpart C of part IV of may require to determine if the mentor EMPLOYEE BENEFITS subchapter A of chapter 1 of the Internal school is making satisfactory progress to- Revenue Code of 1986 (relating to refundable ‘‘9001. Adoption benefits. ward achieving the objectives described in credits) is amended by redesignating section ‘‘§ 9001. Adoption benefits paragraph (2); 35 as section 36 and by inserting after section ‘‘(a) For the purpose of this section— (11) an assurance that the local edu- 34 the following new section: ‘‘(1) the term ‘agency’ means— cational agency will cooperate with the Sec- ‘‘SEC. 35. ADOPTION EXPENSES. ‘‘(A) an Executive agency; retary in evaluating the program authorized ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ‘‘(B) an agency in the judicial branch; and by this Act; an individual, there shall be allowed as a (12) an assurance that resources provided ‘‘(C) an agency in the legislative branch credit against the tax imposed by this sub- under this Act shall be used equally for (other than any included under subparagraph title for the taxable year the amount of the schools for boys and for schools for girls; (A)); qualified adoption expenses paid or incurred (13) an assurance that the activities as- ‘‘(2) the term ‘employee’ does not include by the taxpayer during such taxable year. sisted under this Act will not have an ad- any individual who, pursuant to the exercise ‘‘(b) LIMITATIONS.— verse affect, on either sex, that is caused of any authority under section 8913(b), is ex- ‘‘(1) DOLLAR LIMITATION.—The aggregate by— cluded from participating in the health in- amount of qualified adoption expenses which (A) the quality of facilities for boys and for surance program under chapter 89; and may be taken into account under subsection girls; ‘‘(3) the term ‘adoption expenses’, as used (a) with respect to the adoption of a child (B) the nature of the curriculum for boys with respect to a child, means any reason- shall not exceed $5,000. and for girls; able and necessary expenses directly relating ‘‘(2) INCOME LIMITATION.—The amount al- (C) program activities for boys and for to the adoption of such child, including— lowable as a credit under subsection (a) for girls; and ‘‘(A) fees charged by an adoption agency; any taxable year shall be reduced (but not (D) instruction for boys and for girls; and ‘‘(B) placement fees; below zero) by an amount which bears the (14) such other information and assurances ‘‘(C) legal fees; same ratio to the amount so allowable (de- as the Secretary may require. ‘‘(D) counseling fees; termined without regard to this paragraph ‘‘(E) medical expenses, including those re- SEC. 5. SELECTION OF GRANTEES. but with regard to paragraph (1)) as— The Secretary shall award grants under lating to obstetrical care for the biological ‘‘(A) the amount (if any) by which the tax- mother, medical care for the child, and phys- this Act on the basis of the quality of the ap- payer’s adjusted gross income (determined plications submitted under section 4, taking ical examinations for the adopting parent or without regard to sections 911, 931, and 933) parents; into consideration such factors as— exceeds $60,000, bears to (1) the quality of the proposed curriculum ‘‘(F) foster-care charges; and ‘‘(B) $40,000. and instructional practices for the mentor ‘‘(G) transportation expenses. ‘‘(3) DENIAL OF DOUBLE BENEFIT.— school; ‘‘(b) The head of each agency shall by regu- ‘‘(A) IN GENERAL.—No credit shall be al- (2) the organizational structure and man- lation establish a program under which any lowed under subsection (a) for any expense agement of the mentor school; employee of such agency who adopts a child for which a deduction or credit is allowable (3) the quality of the plan for assessing the shall be reimbursed for any adoption ex- under any other provision of this chapter. progress made by students served by a men- penses incurred by such employee in the ‘‘(B) GRANTS.—No credit shall be allowed tor school over the period of the grant; adoption of such child. under subsection (a) for any expense to the (4) the extent of community support for ‘‘(c) Under the regulations, reimbursement extent that funds for such expense are re- the application; may be provided only— ceived under any Federal, State, or local (5) the likelihood that the mentor school ‘‘(1) after the adoption becomes final, as will meet the objectives of such school and program. determined under the laws of the jurisdiction ‘‘(c) QUALIFIED ADOPTION EXPENSES.— improve educational results for students; governing the adoption; ‘‘(1) IN GENERAL.—For purposes of this sec- and ‘‘(2) if, at the time the adoption becomes tion, the term ‘qualified adoption expenses’ (6) the assurances submitted pursuant to final, the child is under 18 years of age and means reasonable and necessary adoption section 4(b)(13). unmarried; and fees, court costs, attorney fees, and other ex- ‘‘(3) if appropriate written application is SEC. 6. EVALUATION. penses— (a) IN GENERAL.—From the amount appro- filed within such time, complete with such ‘‘(A) which are directly related to, and the priated under section 7 for each fiscal year, information, and otherwise in accordance principal purpose of which is for, the legal the Secretary shall make available to the with such procedures as may be required. and final adoption of a child by the taxpayer, Comptroller General 1 percent of such ‘‘(d)(1) Reimbursement for an employee and amount to enable the Comptroller General to under this section with respect to any par- ‘‘(B) which are not incurred in violation of enter into a contract with an evaluating ticular child— State or Federal law or in carrying out any agency for the evaluation of the mentor ‘‘(A) shall be payable only if, or to the ex- surrogate parenting arrangement. schools program under this Act. Such eval- tent that, similar benefits paid (or payable) ‘‘(2) EXPENSES FOR ADOPTION OF SPOUSE’S uation shall measure the academic com- under one or more programs established CHILD NOT ELIGIBLE.—The term ‘qualified petence and social development of students under State law or another Federal statute adoption expenses’ shall not include any ex- attending mentor schools, including school have not met (or would not meet) the full penses in connection with the adoption by an attendance levels, student achievement lev- amount of the adoption expenses incurred; individual of a child who is the child of such els, drop out rates, college admissions, and individual’s spouse. incidences of teenage pregnancy, and ‘‘(B) may not exceed $2,000. ‘‘(d) MARRIED COUPLES MUST FILE JOINT incidences of incarceration. ‘‘(2)(A) In any case in which both adopting RETURNS, ETC.—Rules similar to the rules of (b) REPORT.—The evaluating agency enter- parents are employees eligible for reimburse- paragraphs (2), (3), and (4) of section 21(e) ing into the contract described in subsection ment under this section, each parent shall be shall apply for purposes of this section.’’ (a) shall submit a report to the Congress not eligible for an amount determined in accord- (b) CONFORMING AMENDMENTS.— later than September 30, 2002, regarding the (1) Paragraph (2) of section 1324(b) of title ance with paragraph (1), except as provided results of the evaluation conducted in ac- 31, United States Code, is amended by insert- in subparagraph (B). ‘‘(B) No amount shall be payable under this cordance with such subsection. ing before the period ‘‘, or from section 35 of section if, or to the extent that, payment of SEC. 7. AUTHORIZATION OF APPROPRIATIONS. such Code’’. such amount would cause the sum of the (a) IN GENERAL.—There is authorized to be (2) The table of sections for subpart C of total amount payable to the adoptive par- appropriated $300,000,000 for fiscal year 1996 part IV of subchapter A of chapter 1 of the ents under this section, and the total and such sums as may be necessary for each Internal Revenue Code of 1986 is amended by amount paid (or payable) to them under any of the fiscal years 1997, 1998, 1999, and 2000 to striking the last item and inserting the fol- program or programs referred to in para- carry out this Act. lowing: (b) AVAILABILITY.—Funds appropriated graph (1)(A), to exceed the lesser of— under subsection (a) shall remain available ‘‘Sec. 35. Adoption expenses. ‘‘(i) the total adoption expenses incurred; until expended. ‘‘Sec. 36. Overpayments of tax.’’ or S 12722 CONGRESSIONAL RECORD — SENATE September 6, 1995 ‘‘(ii) $4,000. tive meanings given such terms by section that the State has in effect the laws referred ‘‘(3) The guidelines issued under subsection 127(c). to in paragraph (2). (g) shall include provisions relating to inter- ‘‘(3) MILITARY ADOPTION ASSISTANCE BENE- ‘‘(2) SATISFACTION OF PLAN REQUIRE- agency cooperation and other appropriate FITS.—The term ‘military adoption assist- MENTS.—In order to satisfy paragraph (1), a measures to carry out this subsection. ance benefits’ means benefits provided under State must have in effect laws requiring ‘‘(e) Any amount payable under this sec- section 1052 of title 10, United States Code, that, prior to a final dissolution of marriage tion shall be paid from the appropriation or or section 514 of title 14, United States Code. of a couple who have one or more children fund used to pay the employee involved. ‘‘(4) QUALIFIED ADOPTION EXPENSES.— under 12 years of age, the couple shall be re- ‘‘(f) An application for reimbursement ‘‘(A) IN GENERAL.—The term ‘qualified quired to— under this section may not be denied based adoption expenses’ means reasonable and ‘‘(A) undergo a minimum 60-day waiting on the marital status of the individual ap- necessary adoption fees, court costs, attor- period beginning on the date dissolution doc- plying. ney fees, and other expenses— uments are filed; and ‘‘(g)(1) The Office of Personnel Manage- ‘‘(i) which are directly related to, and the ‘‘(B) participate in counseling programs of- ment may issue any general guidelines which principal purpose of which is for, the legal fered by a public or private counseling serv- the Office considers necessary to promote adoption of an eligible child by the taxpayer, ice that includes discussion of the psycho- the uniform administration of this section. and logical and economic impact of the divorce ‘‘(2) The regulations prescribed by the head ‘‘(ii) which are not incurred in violation of on the couple, the children of the couple, and of each Executive agency under this section State or Federal law or in carrying out any society.’’. shall be consistent with any guidelines is- surrogate parenting arrangement. ‘‘(3) APPROVAL OF PLANS.—The Secretary sued under paragraph (1). ‘‘(B) ELIGIBLE CHILD.—The term ‘eligible shall approve a plan that meets the require- ‘‘(3) Upon the request of any agency, the child’ means any individual— ments of paragraph (1).’’. Office may provide consulting, technical, ‘‘(i) who has not attained age 18 as of the (4) ALLOTMENT.—Section 433 of such Act (42 and any other similar assistance necessary time of the adoption, or U.S.C. 633) is amended by adding at the end to carry out this section.’’. ‘‘(ii) who is physically or mentally incapa- the following new subsection: (b) CONFORMING AMENDMENTS.—(1) The ble of caring for himself. heading of subpart G of part III of title 5, ‘‘(c) COORDINATION WITH OTHER PROVI- ‘‘(d) ALLOTMENTS TO STATES WITH AP- United States Code, is amended to read as SIONS.—The Secretary shall issue regulations PROVED FAMILY RECONCILIATION PLANS.— follows: to coordinate the application of this section ‘‘(1) IN GENERAL.—From the amount re- ‘‘SUBPART G—ANNUITIES, INSURANCE, with the application of any other provision served pursuant to section 430(d)(4) for any AND MISCELLANEOUS BENEFITS’’. of this title which allows a credit or deduc- fiscal year, the Secretary shall allot to each tion with respect to qualified adoption ex- (2) The analysis for part III of title 5, Unit- State (other than an Indian tribe) with a penses.’’ ed States Code, is amended— family reconciliation plan approved under (b) CLERICAL AMENDMENT.—The table of (A) by striking the item relating to sub- section 432(c)(3), an amount that bears the sections for part III of subchapter B of chap- part G and inserting in lieu thereof the fol- same ratio to the amount reserved under ter 1 of such Code is amended by striking the lowing: such section as the average annual number item relating to section 137 and inserting the of final dissolutions of marriage described in ‘‘SUBPART G—ANNUITIES, INSURANCE, following new items: AND MISCELLANEOUS BENEFITS’’; and paragraph (2) in the State for the 3 fiscal ‘‘Sec. 137. Adoption assistance. years referred to in subsection (c)(2)(B) bears (B) by adding after the item relating to to the average annual number of such final chapter 89 the following: ‘‘Sec. 138. Cross references to other Acts.’’ dissolutions of marriage in such 3-year pe- (c) EFFECTIVE DATE.—The amendments ‘‘90. Miscellaneous Employee Benefits 9001’’. riod in all States with family reconciliation made this section shall apply to taxable SEC. 202. APPLICABILITY TO POSTAL EMPLOY- plans approved under section 432(c)(3). years beginning after December 31, 1995. EES. ‘‘(2) FINAL DISSOLUTIONS OF MARRIAGE DE- Section 1005 of title 39, United States Code, S. 1207 SCRIBED.—For purposes of paragraph (1), a is amended by adding at the end the follow- final dissolution of marriage described in ing: Be it enacted by the Senate and House of Rep- this paragraph is a final dissolution of mar- ‘‘(g) Section 9001 of title 5 shall apply to resentatives of the United States of America in riage of a couple who have one or more chil- the Postal Service. Regulations prescribed Congress assembled, dren under 12 years of age.’’. by the Postal Service to carry out this sub- SECTION 1. SHORT TITLE. (5) ENTITLEMENT.— section shall be consistent with any guide- This Act may be cited as the ‘‘Family Rec- (A) IN GENERAL.—Section 434(a) of such Act lines issued under subsection (g)(1) of such onciliation Act’’. (42 U.S.C. 629d(a)) is amended by adding at section.’’. SEC. 2. SET-ASIDE FOR STATES WITH APPROVED the end the following new paragraph: SEC. 203. EFFECTIVE DATE. FAMILY RECONCILIATION PLANS. ‘‘(3) FAMILY RECONCILIATION AMOUNT.— This title shall take effect on October 1, (a) IN GENERAL.— Each State with a family reconciliation plan 1995, and shall apply with respect to any (1) SET-ASIDE.—Section 430(d) of the Social approved under section 432(c)(3) shall be enti- adoption which becomes final (determined in Security Act (42 U.S.C. 629(d)) is amended by tled to an amount equal to the allotment of the manner described in section 9001(c)(1) of adding at the end the following new para- the State under section 433(d) for the fiscal title 5, United States Code, as added by this graph: year. title) on or after that date. ‘‘(4) FAMILY RECONCILIATION.—The Sec- (B) CONFORMING AMENDMENT.—Section TITLE III—EXCLUSION OF ADOPTION retary shall reserve 10 percent of the 434(a) of such Act (42 U.S.C. 629d(a)) is ASSISTANCE amounts described in subsection (b) for each amended by striking ‘‘paragraph (2)’’ and in- fiscal year, for allotment to States with fam- serting ‘‘paragraphs (2) and (3)’’. SEC. 301. EXCLUSION OF ADOPTION ASSISTANCE. ily reconciliation plans approved under sec- (a) IN GENERAL.—Part III of subchapter B tion 432(c)(3) to develop and conduct counsel- (b) EFFECTIVE DATE.—The amendments of chapter 1 of the Internal Revenue Code of ing programs described in section made by subsection (a) shall take effect on 1986 is amended by redesignating section 137 432(c)(2)(B).’’. October 1, 1995. as section 138 and by inserting after section (2) ASSISTANCE IN DEVELOPING FAMILY REC- 136 the following new section: SEC. 3. USE OF FUNDS UNDER LEGAL SERVICES ONCILIATION COUNSELING PROGRAMS.—Section CORPORATION ACT. ‘‘SEC. 137. ADOPTION ASSISTANCE. 430(d)(1) of such Act (42 U.S.C. 629(d)(1)) is ‘‘(a) IN GENERAL.—Gross income of an em- amended— Section 1007(b) of the Legal Services Cor- ployee does not include employee adoption (A) in subparagraph (A), by striking ‘‘and’’ poration Act (42 U.S.C. 2996f(b)) is amended— assistance benefits, or military adoption as- at the end; (1) in paragraph (9), by striking ‘‘; or’’ and sistance benefits, received by the employee (B) in subparagraph (B), by striking the pe- inserting a semicolon; with respect to the employee’s adoption of a riod at the end and inserting ‘‘; and’’; and (2) in paragraph (10), by striking the period child. (C) by adding at the end the following new and inserting ‘‘; or’’; and ‘‘(b) DEFINITIONS.—For purposes of this sec- subparagraph: (3) by adding at the end the following: tion— ‘‘(C) in assisting States in developing and ‘‘(11) to provide legal assistance to an eligi- ‘‘(1) EMPLOYEE ADOPTION ASSISTANCE BENE- operating counseling programs described in ble client with respect to a proceeding or FITS.—The term ‘employee adoption assist- section 432(c)(2)(B).’’. litigation in which the client seeks to obtain ance benefits’ means payment by an em- (3) FAMILY RECONCILIATION PLANS.—Section a dissolution of a marriage or a legal separa- ployer of qualified adoption expenses with 432 of such Act (42 U.S.C. 629(b)) is amended tion from a spouse, except that nothing in respect to an employee’s adoption of a child, by adding at the end the following new sub- this paragraph shall prohibit a recipient or reimbursement by the employer of such section: from providing legal assistance to the client qualified adoption expenses paid or incurred ‘‘(c) FAMILY RECONCILIATION PLANS.— with respect to the proceeding or litigation by the employee in the taxable year. ‘‘(1) PLAN REQUIREMENTS.—A State family if a court of appropriate jurisdiction has de- ‘‘(2) EMPLOYER AND EMPLOYEE.—The terms reconciliation plan meets the requirements termined that the spouse has physically or ‘employer’ and ‘employee’ have the respec- of this paragraph if the plan demonstrates mentally abused the client.’’. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12723

S. 1208 ‘‘(B) DOLLAR AMOUNTS.—The dollar ‘‘and’’ at the end of subparagraph (B), by Be it enacted by the Senate and House of Rep- amounts referred to in this subparagraph striking the period at the end of subpara- resentatives of the United States of America in are— graph (C) and inserting ‘‘, and’’ and by add- Congress assembled, ‘‘(i) each dollar amount contained in sub- ing at the end the following new subpara- SECTION 1. SHORT TITLE; AMENDMENT OF 1986. section (b)(2)(A), and graphs: ‘‘(ii) the $16,000 amount contained in sub- (a) SHORT TITLE.—This Act may be cited as ‘‘(D) capital gain net income, the ‘‘Family Fairness Act’’. section (b)(3) and the dollar amount con- ‘‘(E) the excess (if any) of— (b) AMENDMENT OF 1986 CODE.—Except as tained in subsection (c)(4)(B). ‘‘(i) the aggregate income from all passive otherwise expressly provided, whenever in ‘‘(3) ROUNDING.—If any dollar amount after activities for the taxable year (determined this Act an amendment or repeal is ex- being increased under paragraph (1) is not a without regard to any amount described in a pressed in terms of an amendment to, or re- multiple of $10, such dollar amount shall be preceding subparagraph), over peal of, a section or other provision, the ref- rounded to the nearest multiple of $10 (or, if ‘‘(ii) the aggregate losses from all passive erence shall be considered to be made to a such dollar amount is a multiple of $5, such activities for the taxable year (as so deter- section or other provision of the Internal dollar amount shall be increased to the next mined), and Revenue Code of 1986. higher multiple of $10).’’. ‘‘(F) amounts includible in gross income (e) EFFECTIVE DATE.—The amendments under section 652 or 662 for the taxable year SEC. 2. ADDITIONAL EARNED INCOME CREDIT made by this section shall apply to taxable FOR MARRIED INDIVIDUALS. to the extent not taken into account under years beginning after December 31, 1995. (a) IN GENERAL.—Paragraph (1) of section any preceding subparagraph. 32(a) (relating to earned income credit) is SEC. 3. EARNED INCOME CREDIT DENIED TO IN- For purposes of subparagraph (E), the term DIVIDUALS NOT AUTHORIZED TO BE amended to read as follows: EMPLOYED IN THE UNITED STATES. ‘passive activity’ has the meaning given such ‘‘(1) IN GENERAL.—There shall be allowed as (a) IN GENERAL.—Section 32(c)(1) (relating term by section 469.’’. a credit against the tax imposed by this sub- to individuals eligible to claim the earned (b) DECREASE IN AMOUNT OF DISQUALIFIED title for the taxable year an amount equal to income tax credit) is amended by adding at INCOME ALLOWED.—Paragraph (1) of section the sum of— the end the following new subparagraph: 32(i) (relating to denial of credit) is amended ‘‘(A) in the case of an eligible individual, ‘‘(F) IDENTIFICATION NUMBER REQUIRE- by striking ‘‘$2,350’’ and inserting ‘‘$1,000’’. an amount equal to the credit percentage of MENT.—The term ‘eligible individual’ does so much of the taxpayer’s earned income for not include any individual who does not in- (c) EFFECTIVE DATE.—The amendments the taxable year as does not exceed the clude on the return of tax for the taxable made by this section shall apply to taxable earned income amount, and year— years beginning after December 31, 1995. ‘‘(B) in the case of an eligible married indi- ‘‘(i) such individual’s taxpayer identifica- vidual, the applicable percentage of $1,000.’’. SEC. 7. MODIFICATION OF ADJUSTED GROSS IN- tion number, and COME DEFINITION FOR EARNED IN- (b) APPLICABLE PERCENTAGE.—Section 32(b) ‘‘(ii) if the individual is married (within COME CREDIT. (relating to percentages and amounts) is the meaning of section 7703), the taxpayer amended by adding at the end the following (a) IN GENERAL.—Subparagraph (B) of sec- identification number of such individual’s tion 32(a)(2) (relating to limitation) is new paragraph: spouse.’’. amended by striking ‘‘adjusted gross in- ‘‘(3) APPLICABLE PERCENTAGE.—The appli- (b) SPECIAL IDENTIFICATION NUMBER.—Sec- come’’ and inserting ‘‘modified adjusted cable percentage for any taxable year is tion 32 is amended by adding at the end the gross income’’. equal to 100 percent reduced (but not below 0 following new subsection: percent) by 10 percentage points for each ‘‘(l) IDENTIFICATION NUMBERS.—Solely for (b) MODIFIED ADJUSTED GROSS INCOME DE- $1,000 (or fraction thereof) by which the tax- purposes of paragraphs (1)(F) and (3)(D) of FINED.—Section 32(c) (relating to definitions payer’s earned income for such taxable year subsection (c), a taxpayer identification and special rules) is amended by adding at exceeds $16,000.’’. number means a social security number is- the end the following new paragraph: (c) ELIGIBLE MARRIED INDIVIDUALS.—Sec- sued to an individual by the Social Security ‘‘(5) MODIFIED ADJUSTED GROSS INCOME.— tion 32(c) (relating to definitions and special Administration (other than a social security The term ‘modified adjusted gross income’ rules) is amended by adding at the end the number issued pursuant to clause (II) (or means adjusted gross income, increased by following new paragraph: that portion of clause (III) that relates to the sum of— ‘‘(4) ELIGIBLE MARRIED INDIVIDUALS.—The clause (II)) of section 205(c)(2)(B)(i) of the So- ‘‘(A) social security benefits (as defined in term ‘eligible married individual’ means an cial Security Act).’’. section 86(d)) received to the extent not in- eligible individual— (c) EXTENSION OF PROCEDURES APPLICABLE cludible in gross income, ‘‘(A) who is married (as defined in section TO MATHEMATICAL OR CLERICAL ERRORS.— ‘‘(B) amounts received by (or on behalf of) 7703) and who has lived together with the in- Section 6213(g)(2) (relating to the definition a spouse pursuant to a divorce or separation dividual’s spouse at all times during such of mathematical or clerical errors) is amend- instrument (as defined in section 71(b)(2)) marriage during the taxable year, and ed by striking ‘‘and’ at the end of subpara- which, under the terms of the instrument, ‘‘(B) has earned income for the taxable graph (D), by striking the period at the end are fixed as payable for the support of the year of at least $8,500.’’. of subparagraph (E) and inserting ‘‘, and’’, children of the payor spouse (as determined (d) CONFORMING AMENDMENTS.— and by inserting after subparagraph (E) the (1) Section 32(a)(2) is amended by striking under section 71(c)), following new subparagraph: ‘‘(C) interest received or accrued during ‘‘paragraph (1)’’ and inserting ‘‘paragraph ‘‘(F) an omission of a correct taxpayer (1)(A)’’. the taxable year which is exempt from tax identification number required under section imposed by this chapter, and (2) Section 32(j) is amended to read as fol- 23 (relating to credit for families with young- lows: ‘‘(D) any amount received by a participant er children) or section 32 (relating to the or beneficiary under a qualified retirement ‘‘(j) INFLATION ADJUSTMENTS.— earned income tax credit) to be included on ‘‘(1) IN GENERAL.—In the case of any tax- plan (as defined in section 4974(c)) to the ex- a return.’’. tent not includible in gross income. able year beginning after the applicable cal- (d) EFFECTIVE DATE.—The amendments endar year, each dollar amount referred to in made by this section shall apply to taxable Subparagraph (D) shall not apply to any paragraph (2)(B) shall be increased by an years beginning after December 31, 1995. amount received if the recipient transfers amount equal to— SEC. 4. REPEAL OF EARNED INCOME CREDIT FOR such amount in a rollover contribution de- ‘‘(A) such dollar amount, multiplied by INDIVIDUALS WITHOUT CHILDREN. scribed in section 402(c), 403(a)(4), 403(b)(8), or ‘‘(B) the cost-of-living adjustment deter- (a) IN GENERAL.—Subparagraph (A) of sec- 408(d)(3).’’ mined under section 1(f)(3), for the calendar tion 32(c)(1) (defining eligible individual) is (c) STUDY.—The Secretary of the Treasury year in which the taxable year begins, by amended to read as follows: shall conduct a study of the Federal tax substituting for ‘calendar year 1992’ in sub- ‘‘(A) IN GENERAL.—The term ‘eligible indi- treatment of child support payments to de- paragraph (B) thereof— vidual’ means any individual who has a termine whether or not changes in such ‘‘(i) ‘calendar year 1993’ in the case of the qualifying child for the taxable year.’’. treatment are necessary. The Secretary shall dollar amounts referred to in paragraph (b) CONFORMING AMENDMENTS.—Each of the report to the Committee on Finance of the (2)(B)(i), and tables contained in paragraphs (1) and (2) of Senate and the Committee on Ways and ‘‘(ii) ‘calendar year 1995’ in the case of the section 32(b) are amended by striking the Means of the House of Representatives the dollar amounts referred to in paragraph items relating to no qualifying children. results of the study, including recommenda- (2)(B)(ii). (c) EFFECTIVE DATE.—The amendments tions (if any) which the Secretary deter- ‘‘(2) DEFINITIONS, ETC.—For purposes of made by this section shall apply to taxable mines appropriate to encourage payment of paragraph (1)— years beginning after December 31, 1995. child support liabilities by parents and to ‘‘(A) APPLICABLE CALENDAR YEAR.—The SEC. 6. RULES RELATING TO DENIAL OF EARNED make both parents more responsible for a term ‘applicable calendar year’ means— INCOME CREDIT ON BASIS OF DIS- child’s economic well-being. ‘‘(i) 1994 in the case of the dollar amounts QUALIFIED INCOME. referred to in paragraph (2)(B)(i), and (a) DEFINITION OF DISQUALIFIED INCOME.— (d) EFFECTIVE DATE.—The amendments ‘‘(ii) 1996 in the case of the dollar amounts Paragraph (2) of section 32(i) (defining dis- made by this section shall apply to taxable referred to in paragraph (2)(B)(ii). qualified income) is amended by striking years beginning after December 31, 1995. S 12724 CONGRESSIONAL RECORD — SENATE September 6, 1995 SEC. 8. EARNED INCOME CREDIT NOT ALLOWED (1) in subparagraph (C), by striking ‘‘and’’ ‘‘(1) involvement of a family member prior UNTIL RECEIPT OF EMPLOYER’S at the end; to the provision of services related to family WITHHOLDING STATEMENT. (2) in subparagraph (D), by inserting ‘‘and’’ planning or abortion; and (a) IN GENERAL.—Section 6401(b) (relating at the end; and ‘‘(2) reporting of civil or criminal offenses to excessive credits treated as overpay- (3) by adding the following new subpara- involving child abuse or statutory rape. ments) is amended by adding at the end the graph: ‘‘(h) The acceptance by any individual of following new paragraph: ‘‘(E) to provide and to promote family-cen- family planning services or family planning ‘‘(3) SPECIAL RULE FOR EARNED INCOME tered, community-based services and infor- or population growth information (including CREDIT.—For purposes of paragraph (1), the mation regarding the delay or discontinu- educational materials) provided through fi- earned income credit allowed under section ation of premarital sexual activity, particu- nancial assistance under this title shall be 32 shall not be treated as a credit allowable larly among adolescents, and to provide voluntary and shall not be a prerequisite to under subpart C of part IV of subchapter A of adoption-related services and promote adop- eligibility for or receipt of any other service chapter 1 unless the Secretary is able to ver- tion as an acceptable alternative for preg- or assistance from, or to participation in, ify the amount of such credit by comparing nant unmarried individuals.’’. any other program of the entity or individ- it with— ual that provided such service or informa- (b) MINIMUM AMOUNT FOR ABSTINENCE ‘‘(A) information returns filed with the tion.’’. SERVICES.—Section 504 (42 U.S.C. 704) is Secretary under section 6051(d) by employees amended by adding the following new sub- SEC. 5. APPLICATION FOR BLOCK GRANT FUNDS. of the individual claiming the credit, section: Section 505(a)(5) (42 U.S.C. 705(a)(5)) is ‘‘(B) self-employment tax returns filed amended— ‘‘(e) Of the amounts paid to a State under with the Secretary under section 6017, or (1) by redesignating subparagraph (F) as section 503 from an allotment for a fiscal ‘‘(C) both. subparagraph (I); and year under section 502(c), not less than 100 (2) by inserting after subparagraph (F) the The preceding sentence shall apply to any percent of such amounts (including the fair following subparagraphs: advanced payment of the earned income market value of any supplies or equipment) ‘‘(G) the State will provide a description of credit under section 3507.’’ as were used under this title in the preceding how the applicant will, as appropriate to the (b) EFFECTIVE DATE; STUDY.— fiscal year to provide family planning serv- (1) IN GENERAL.—The amendment made by provision of family planning services or serv- ices shall be used to provide services de- ices provided under section 501(e)(1)(A)— this section shall apply to taxable years be- scribed in section 501(a)(1)(E).’’. ginning after December 31, 1996. ‘‘(i) involve families of adolescents in a (c) NEEDS ASSESSMENT FOR ABSTINENCE (2) STUDY.—The Secretary of the Treasury manner that will maximize the role of the SERVICES.—Section 505(a)(1) (42 U.S.C. shall conduct a study to determine the family in the solution of problems relating 705(a)(1)) is amended— delays (if any) which would result in the to the parenthood or pregnancy of the ado- (1) in subparagraph (B), by striking ‘‘and’’ processing of Federal income tax returns by lescent; and at the end; reason of the amendment made by this sec- ‘‘(ii) involve religious and charitable orga- (2) in subparagraph (C), by adding ‘‘and’’ at tion. Not later than 1 year after the date of nizations, voluntary associations, and other the end; and the enactment of this Act, the Secretary groups in the private sector as well as serv- (3) by adding at the end the following new shall report the results of the study to the ices provided by publicly sponsored initia- subparagraph: Committee on Finance of the Senate and the tives; ‘‘(D) services and information regarding Committee on Ways and Means of the House ‘‘(H)(i) the State will provide assurances the delay or discontinuation of premarital of Representatives, including recommenda- that— sexual activity, particularly among adoles- tions (if any) on ways to shorten any delay. ‘‘(I) except as provided in clause (ii), and cents, and regarding adoption.’’. SEC. 9. PREVENTION OF FRAUD IN ELECTRONIC subject to subclause (II), the applicant will RETURNS. SEC. 4. USE OF FUNDS. notify the parents or guardians of any (a) IN GENERAL.—The Secretary of the (a) PROHIBITION OF USE FOR FAMILY PLAN- unemancipated minor requesting services Treasury shall provide that any person ap- NING SERVICES IN SCHOOLS.—Section 504(b) (42 from the applicant and will obtain the per- plying to be an electronic return originator U.S.C. 704(b)) is amended— mission of such parents or guardians with re- on or after the date of the enactment of this (1) in paragraph (5), by striking ‘‘or’’ at the spect to the provision of such services; and Act shall not be approved unless the appli- end; ‘‘(II) in the case of a pregnant cant provides fingerprints and credit infor- (2) in paragraph (6)(B), by striking the pe- unemancipated minor requesting services mation to the satisfaction of the Secretary. riod at the end and inserting ‘‘; or’’; and from a recipient of funds under this title, the (b) PAST APPLICANTS.—The Secretary of (3) by adding at the end the following new recipient will notify the parents or guardians of such minor under subclause (I) within a the Treasury shall apply the requirements paragraphs: reasonable period of time; and described in subsection (a) to electronic re- ‘‘(7) to provide or promote family planning ‘‘(ii) the State will provide assurances that turn originators whose applications were ap- services in any elementary or secondary edu- the applicant will not notify or request the proved before the date of the enactment of cational institution; or permission of the parent or guardian of any this Act without fingerprints and credit ‘‘(8) to provide or promote any drug or de- unemancipated minor without the consent of check information being provided. vice except for a use that has been approved the minor— by the Food and Drug Administration.’’. S. 1209 ‘‘(I) who solely is requesting from the ap- (b) NO FUNDING OF PROGRAMS OR PROJECTS plicant pregnancy testing or testing or treat- Be it enacted by the Senate and House of Rep- THAT PROVIDE ABORTION SERVICES.—Section resentatives of the United States of America in ment for venereal disease; 504 (42 U.S.C. 704), as amended by section ‘‘(II) who is the victim of incest involving Congress assembled, 3(b), is amended by adding at the end the fol- SECTION 1. SHORT TITLE; AMENDMENTS TO SO- a parent; or lowing new subsections: ‘‘(III) if an adult sibling of the minor or an CIAL SECURITY ACT. ‘‘(f)(1) Payments under this title may be (a) SHORT TITLE.—This Act may be cited as adult aunt, uncle, or grandparent who is re- made only to programs or projects that— the ‘‘Responsible Parenthood Act of 1995’’. lated to the minor by blood certifies to the ‘‘(A) do not provide abortions or abortion (b) AMENDMENTS TO THE SOCIAL SECURITY recipient that notification of the parent or counseling or referral; ACT.—Except as otherwise specifically pro- guardian of such minor would result in phys- vided, whenever in this Act an amendment is ‘‘(B) do not subcontract with or make any ical injury to such minor.’’. expressed in terms of an amendment to or re- payment to any person who provides abor- SEC. 6. REPORTS AND AUDITS. peal of a section or other provision, the ref- tions or abortion counseling or referral (ex- (a) REPORT BY STATE.—Section 506(a)(2) (42 erence shall be considered to be made to that cept that any such program or project may U.S.C. 706(a)(2)) is amended by adding after section or other provision of the Social Secu- provide referral for abortion counseling to a subparagraph (E) the following new subpara- rity Act. pregnant adolescent if such adolescent and graph: the parents or guardians of such adolescent SEC. 2. INTEGRATION OF FAMILY PLANNING AND ‘‘(F) Information (as prescribed by the Sec- MATERNAL AND CHILD HEALTH request such referral); or retary) on the State’s activities in connec- SERVICES. ‘‘(C) do not advocate, promote, or encour- tion with the services described in section (a) INCREASE IN FUNDING.—Section 501(a) age abortion. 501(a)(1)(E).’’. (42 U.S.C. 701(a)) is amended in the matter ‘‘(2) The Secretary shall ascertain whether (b) REPORT BY SECRETARY.—Section preceding paragraph (1) by striking programs or projects comply with paragraph 506(a)(3) (42 U.S.C. 706(a)(3)) is amended— ‘‘$686,000,000’’ and inserting ‘‘$886,000,000’’. (1) and take appropriate action if programs (1) in subparagraph (D), by striking ‘‘and’’ (b) RESERVATION OF CERTAIN AMOUNTS.— or projects do not comply with such para- at the end; Section 502 (42 U.S.C. 702) is amended by graph, including withholding of funds. (2) in subparagraph (E), by striking the pe- striking ‘‘$600,000,000’’ each place it appears ‘‘(g) A State shall ensure, to the maximum riod at the end and inserting ‘‘; and’’; and and inserting ‘‘$800,000,000’’. extent possible, family participation in the (3) by adding at the end the following new SEC. 3. ABSTINENCE SERVICES. receipt of services provided under section subparagraph: (a) PROVISION AND PROMOTION OF ABSTI- 501(a)(1) and shall ensure that an entity that ‘‘(F) information on the State’s activities NENCE SERVICES.—Section 501(a)(1) (42 U.S.C. receives funds under this title shall comply in connection with the services described in 701(a)(1)) is amended— with any State law that requires— section 501(a)(1)(E).’’. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12725 SEC. 7. EVALUATION. nizations, that can demonstrate, to the sat- (C) making determinations of eligibility Title V (42 U.S.C. 701 et seq.) is amended by isfaction of the Secretary, its ability to— for participation in the demonstration adding at the end the following new section: (A) receive, disburse, and account for Fed- project for eligible children; ‘‘EVALUATION eral funds; and (D) selecting students to participate in the (B) carry out the activities described in its demonstration project; ‘‘SEC. 510. (a) Of amounts allotted to a application under this Act; (E) determining the amount of, and issu- State under section 502(c) in a fiscal year (4) the term ‘‘evaluating agency’’ means ing, education certificates; that the State estimates will be expended on any academic institution, consortium of pro- (F) compiling and maintaining such finan- family planning services and the services de- fessionals, or private or nonprofit organiza- cial and programmatic records as the Sec- scribed in section 501(a)(1)(E) for such year tion, with demonstrated experience in con- retary may prescribe; and the State shall reserve— ducting evaluations, that is not an agency or (G) collecting such information about the ‘‘(1) not less than 2 percent and not more instrumentality of the Federal Government; effects of the demonstration project as the than 4 percent of such amounts for an annual (5) the term ‘‘local educational agency’’ evaluating agency may need to conduct the evaluation of activities carried out under has the meaning given that term in section evaluation described in section 11. this title and the effectiveness of such ac- 14101 of the Elementary and Secondary Edu- (d) SPECIAL RULE.—Each school participat- tivities in reducing sexual activity, preg- cation Act of 1965 (20 U.S.C. 8801); ing in a demonstration project under this nancies, and births among unmarried indi- (6) the term ‘‘parent’’ includes a legal Act shall comply with title VI of the Civil viduals, particularly adolescents; and guardian or other individual acting in loco Rights Act of 1964 (42 U.S.C. 2000d et seq.) ‘‘(2) not less than 2 percent and not more parentis; which prohibits discrimination on the basis than 4 percent of such amounts for an annual (7) the term ‘‘school’’ means a school that of race, color, or national origin. longitudinal study by an independent re- provides elementary education or secondary SEC. 6. AUTHORIZED PROJECTS; PRIORITY. search organization of the activities carried education (through grade 12), as determined (a) AUTHORIZED PROJECTS.—The Secretary out under this title and the effectiveness of under State law; and may award a grant under this Act only for a such activities in reducing sexual activity, (8) the term ‘‘Secretary’’ means the Sec- demonstration project that— pregnancies, and births among unmarried in- retary of Education. (1) involves at least one local educational dividuals, particularly adolescents. agency that— ‘‘(b)(1) Each State shall submit the evalua- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (A) receives funds under section 1124A of tions and studies conducted under this sec- There are authorized to be appropriated the Elementary and Secondary Education tion to the Secretary. $600,000,000 for fiscal year 1996 and such sums Act of 1965 (20 U.S.C. 6334); and ‘‘(2) The Secretary shall submit a summary as may be necessary for each of the fiscal (B) is among the 20 percent of local edu- of each evaluation and study submitted years 1997, 1998, 1999, and 2000 to carry out cational agencies receiving funds under sec- under paragraph (1) to the appropriate com- this Act. tion 1124A of such Act (20 U.S.C. 6334) in the mittees of the Congress.’’. SEC. 5. PROGRAM AUTHORIZED. State that have the highest number of chil- SEC. 8. DEFINITION OF FAMILY. dren described in section 1124(c) of such Act (a) RESERVATION.—From the amount ap- Section 501(b) (42 U.S.C. 701(b)) is amended propriated pursuant to the authority of sec- (20 U.S.C. 6333(c)); and (2) includes the involvement of a sufficient by adding at the end the following new para- tion 4 in any fiscal year, the Secretary shall number of public and private choice schools, graph: reserve and make available to the Comptrol- in the judgment of the Secretary, to allow ‘‘(5) The term ‘family’ means a child under ler General of the United States 2 percent for for a valid demonstration project. the age of 19, the biological or adoptive par- evaluation of the demonstration projects as- ents of the child, the legal guardian of the (b) PRIORITY.—In awarding grants under sisted under this Act in accordance with sec- this Act, the Secretary shall give priority to child, or a responsible relative or caretaker tion 11. with whom the child regularly resides, the demonstration projects— (b) GRANTS.— siblings of the child, and other individuals (1) in which choice schools offer an enroll- (1) IN GENERAL.—From the amount appro- living in the child’s home.’’. ment opportunity to the broadest range of priated pursuant to the authority of section eligible children; SEC. 9. REPEAL OF CERTAIN PROGRAMS. 4 and not reserved under subsection (a) for (2) that involve diverse types of choice (a) REPEAL OF POPULATION RESEARCH AND any fiscal year, the Secretary shall award schools; and VOLUNTARY FAMILY PLANNING PROGRAMS.— grants to eligible entities to enable such en- (3) that will contribute to the geographic Title X of the Public Health Service Act (42 tities to carry out at least 100 demonstration diversity of demonstration projects assisted U.S.C. 300 et seq.) is repealed. projects under which low-income parents re- under this Act, including awarding grants (b) REPEAL OF ADOLESCENT FAMILY LIFE ceive education certificates for the costs of for demonstration projects in States that are DEMONSTRATION PROJECTS.—Title XX of the enrolling their eligible children in a choice primarily rural and awarding grants for dem- Public Health Service Act (42 U.S.C. 300z et school. onstration projects in States that are pri- seq.) is repealed. (2) AMOUNT.—The Secretary shall award marily urban. SEC. 10. EFFECTIVE DATE. grants under paragraph (1) for fiscal year SEC. 7. APPLICATIONS. This Act and the amendments made by 1996 in amounts of $5,000,000 or less. (a) IN GENERAL.—Any eligible entity that this Act shall take effect on October 1, 1995. (3) CONTINUING ELIGIBILITY.—The Secretary wishes to receive a grant under this Act shall continue a demonstration project under shall submit an application to the Secretary S. 1210 this Act by awarding a grant under para- at such time and in such manner as the Sec- Be it enacted by the Senate and House of Rep- graph (1) to an eligible entity that received retary may prescribe. resentatives of the United States of America in such a grant for a fiscal year preceding the (b) CONTENTS.—Each application described Congress assembled, fiscal year for which the determination is in subsection (a) shall contain— made, if the Secretary determines that such (1) information demonstrating the eligi- SECTION 1. SHORT TITLE. eligible entity was in compliance with this bility of the eligible entity for participation This Act may be cited as the ‘‘Educational Act for such preceding fiscal year. in the demonstration project; Choice and Equity Act of 1995’’. (c) USE OF GRANTS.—Grants awarded under (2) with respect to choice schools— SEC. 2. PURPOSE. subsection (b) shall be used to pay the costs (A) a description of the standards used by The purpose of this Act is to determine the of— the eligible entity to determine which public effects on students and schools of providing (1) providing education certificates to low- and private schools are within a reasonable financial assistance to low-income parents income parents to enable such parents to pay commuting distance of eligible children and to enable such parents to select the public or the tuition, the fees, the allowable costs of present a reasonable commuting cost for private schools their children will attend. transportation, if any, and the costs of com- such eligible children; SEC. 3. DEFINITIONS. plying with section 9(a)(1), if any, for their (B) a description of the types of potential As used in this Act— eligible children to attend a choice school; choice schools that will be involved in the (1) the term ‘‘choice school’’ means any and demonstration project; public or private school, including a private (2) administration of the demonstration (C)(i) a description of the procedures used sectarian school or a public charter school, project, which shall not exceed 15 percent of to encourage public and private schools to be that is involved in a demonstration project the amount received under the grant for the involved in the demonstration project; and assisted under this Act; first fiscal year for which the eligible entity (ii) a description of how the eligible entity (2) the term ‘‘eligible child’’ means a child provides education certificates under this will annually determine the number of in grades 1 through 12 who is eligible for free Act or 10 percent of such amount for any spaces available for eligible children in each or reduced price lunches under the National subsequent year, including— choice school; School Lunch Act (42 U.S.C. 1751 et seq.); (A) seeking the involvement of choice (D) an assurance that each choice school (3) the term ‘‘eligible entity’’ means a pub- schools in the demonstration project; will not impose higher standards for admis- lic agency, institution, or organization, such (B) providing information about the dem- sion or participation in its programs and ac- as a State, a State or local educational agen- onstration project, and the schools involved tivities for eligible children provided edu- cy, a consortium of public agencies, or a con- in the demonstration project, to parents of cation certificates under this Act than the sortium of public and private nonprofit orga- eligible children; choice school does for other children; S 12726 CONGRESSIONAL RECORD — SENATE September 6, 1995 (E) an assurance that each choice school (H) an assurance that the eligible entity education certificate, shall not be treated as operated, for at least 1 year prior to accept- will cooperate with the Comptroller General income of the parents for purposes of Federal ing education certificates under this Act, an of the United States and the evaluating tax laws or for determining eligibility for educational program similar to the edu- agency in carrying out the evaluations de- any other Federal program. cational program for which such choice scribed in section 11; and SEC. 9. EFFECT ON OTHER PROGRAMS; USE OF school will accept such education certifi- (I) an assurance that the eligible entity SCHOOL LUNCH DATA; CONSTRUC- cates; will— TION PROVISIONS. (F) an assurance that the eligible entity (i) maintain such records as the Secretary (a) EFFECT ON OTHER PROGRAMS.— will terminate the involvement of any choice may require; and (1) IN GENERAL.—An eligible child partici- school that fails to comply with the condi- (ii) comply with reasonable requests from pating in a demonstration project under this tions of its involvement in the demonstra- the Secretary for information; and Act, who, in the absence of such a dem- tion project; and (5) such other assurances and information onstration project, would have received serv- (G) a description of the extent to which as the Secretary may require. ices under part A of title I of the Elementary choice schools will accept education certifi- SEC. 8. EDUCATION CERTIFICATES. and Secondary Education Act of 1965 (20 cates under this Act as full or partial pay- (a) EDUCATION CERTIFICATES.— U.S.C. 6311 et seq.) shall be provided such ment for tuition and fees; (1) AMOUNT.—The amount of an eligible services. (3) with respect to the participation in the child’s education certificate under this Act (2) PART B OF THE INDIVIDUALS WITH DIS- demonstration project of eligible children— shall be determined by the eligible entity, ABILITIES EDUCATION ACT.—Nothing in this (A) a description of the procedures to be but shall be an amount that provides to the Act shall be construed to affect the require- used to make a determination of the eligi- recipient of the education certificate the ments of part B of the Individuals with Dis- bility of an eligible child for participation in maximum degree of choice in selecting the abilities Education Act (20 U.S.C. 1411 et the demonstration project, which shall in- choice school the eligible child will attend. seq.). clude— (2) CONSIDERATIONS.— (3) COUNTING OF ELIGIBLE CHILDREN.—Not- (i) the procedures used to determine eligi- (A) IN GENERAL.—Subject to such regula- withstanding any other provision of law, any bility for free or reduced price lunches under tions as the Secretary shall prescribe, in de- local educational agency participating in a the National School Lunch Act (42 U.S.C. termining the amount of an education cer- demonstration project under this Act may 1751 et seq.); or tificate under this Act an eligible entity count eligible children who, in the absence of (ii) any other procedure, subject to the shall consider— such a demonstration project, would attend Secretary’s approval, that accurately estab- (i) the additional reasonable costs of trans- the schools of such agency, for purposes of lishes the eligibility of an eligible child for portation directly attributable to the eligi- receiving funds under any program adminis- such participation; ble child’s participation in the demonstra- tered by the Secretary. (B) a description of the procedures to be tion project; and (b) USE OF SCHOOL LUNCH DATA.—Notwith- used to ensure that, in selecting eligible (ii) the cost of complying with section standing section 9 of the National School children to participate in the demonstration 9(a)(1). Lunch Act (42 U.S.C. 1751 et seq.), an eligible project, the eligible entity will— (B) SCHOOLS CHARGING TUITION.—If an eligi- entity receiving a grant under this Act may (i) apply the same criteria to both public ble child participating in a demonstration use information collected for the purpose of and private school eligible children; and project under this Act was attending a public determining eligibility for free or reduced (ii) give priority to eligible children from or private school that charged tuition for the price lunches to determine an eligible child’s the lowest income families; year preceding the first year of such partici- eligibility to participate in a demonstration (C) a description of the procedures to be pation, then in determining the amount of project under this Act and, if needed, to rank used to ensure maximum choice of schools an education certificate for such eligible families by income, in accordance with sec- for participating eligible children, including child under this Act the eligible entity shall tion 7(b)(3)(B)(ii). All such information shall procedures to be used when— consider— otherwise remain confidential, and informa- (i) the number of parents provided edu- (i) the tuition charged by such school for tion pertaining to income may be disclosed cation certificates under this Act who desire such eligible child in such preceding year; only to persons who need that information to enroll their eligible children in a particu- and for the purposes of a demonstration project lar choice school exceeds the number of eli- (ii) the amount of the education certifi- under this Act. gible children that the choice school will ac- cates under this Act that are provided to (c) CONSTRUCTION PROVISIONS.— cept; and other eligible children. (1) OTHER INSTITUTIONS.—Nothing in this (ii) grant funds and funds from local (3) SPECIAL RULE.—An eligible entity may Act shall be construed to supersede or mod- sources are insufficient to support the total provide an education certificate under this ify any provision of a State constitution or cost of choices made by parents with edu- Act to the parent of an eligible child who State law that prohibits the expenditure of cation certificates under this Act; and chooses to attend a school that does not public funds in or by religious or other pri- (D) a description of the procedures to be charge tuition or fees, to pay the additional vate institutions, except that no provision of used to ensure compliance with section reasonable costs of transportation directly a State constitution or State law shall be 9(a)(1), which may include— attributable to the eligible child’s participa- construed or applied to prohibit— (i) the direct provision of services by a tion in the demonstration project or the cost (A) any eligible entity receiving funds local educational agency; and of complying with section 9(a)(1). under this Act from using such funds to pay (ii) arrangements made by a local edu- (b) ADJUSTMENT.—The amount of the edu- the administrative costs of a demonstration cational agency with other service providers; cation certificate for a fiscal year may be ad- project under this Act; or (4) with respect to the operation of the justed in the second and third years of an eli- (B) the expenditure in or by religious or demonstration project— gible child’s participation in a demonstra- other private institutions of any Federal (A) a description of the geographic area to tion project under this Act to reflect any in- funds provided under this Act. be served; crease or decrease in the tuition, fees, or (2) DESEGREGATION PLANS.—Nothing in this (B) a timetable for carrying out the dem- transportation costs directly attributable to Act shall be construed to interfere with any onstration project; that eligible child’s continued attendance at desegregation plans that involve school at- (C) a description of the procedures to be a choice school, but shall not be increased tendance areas affected by this Act. used for the issuance and redemption of edu- for this purpose by more than 10 percent of (3) PROHIBITION OF FEDERAL DIRECTOR, SU- cation certificates under this Act; the amount of the education certificate for PERVISION OR CONTROL.—Nothing in this Act (D) a description of the procedures by the fiscal year preceding the fiscal year for shall be construed to authorize the Secretary which a choice school will make a pro rata which the determination is made. The or any employee, officer, or agency of the refund of the education certificate under this amount of the education certificate may also Department of Education to exercise any di- Act for any participating eligible child who be adjusted in any fiscal year to comply with rection, supervision, or control over the cur- withdraws from the school for any reason, section 9(a)(1). riculum, program of instruction, or person- before completing 75 percent of the school (c) MAXIMUM AMOUNT.—Notwithstanding nel decisions of any educational institution attendance period for which the education any other provision of this section, the or school participating in a demonstration certificate was issued; amount of an eligible child’s education cer- project assisted under this Act. (E) a description of the procedures to be tificate shall not exceed the per pupil ex- SEC. 10. PARENTAL NOTIFICATION. used to provide the parental notification de- penditure for elementary or secondary edu- Each eligible entity receiving a grant scribed in section 10; cation, as appropriate, by the local edu- under this Act shall provide timely notice of (F) an assurance that the eligible entity cational agency in which the public school to the demonstration project to parents of eli- will place all funds received under this Act which the eligible child would normally be gible children residing in the area to be into a separate account, and that no other assigned is located for the fiscal year preced- served by the demonstration project. At a funds will be placed in such account; ing the fiscal year for which the determina- minimum, such notice shall— (G) an assurance that the eligible entity tion is made. (1) describe the demonstration project; will provide the Secretary periodic reports (d) INCOME.—An education certificate (2) describe the eligibility requirements for on the status of such funds; under this Act, and funds provided under the participation in the demonstration project; September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12727

(3) describe the information needed to (2) FINAL REPORT.—The Comptroller Gen- tracks the offender’s obligations and status make a determination of eligibility for par- eral shall submit a final report to the Con- in meeting those obligations; ticipation in the demonstration project for gress within 9 months after the conclusion of (B) a process by which information about an eligible child; the demonstration projects under this Act an offender’s restitution payments is made (4) describe the selection procedures to be that summarizes the findings of the annual available to probation officials; used if the number of eligible children seek- evaluations conducted pursuant to section (C) adopting methods to ensure payments ing to participate in the demonstration 11(a)(2). such as automatic docketing, billing, wage project exceeds the number that can be ac- withholding, privatization of collection, commodated in the demonstration project; S. 1211 withholding State grant privileges, or sei- (5) provide information about each choice Be it enacted by the Senate and House of Rep- zure of state income tax refunds; and school participating in the demonstration resentatives of the United States of America in (D) other provisions consistent with the project, including information about any ad- Congress assembled, purposes of this Act; mission requirements or criteria for each SECTION 1. SHORT TITLE. (9) a description of how the State will en- choice school participating in the dem- This Act may be cited as the ‘‘Restitution force restitution payments, including— onstration project; and Responsibility Act’’. (A) assigning an agency responsible for the (6) include the schedule for parents to enforcement of a restitution order; apply for their eligible children to partici- SEC. 2. GRANT PROGRAM. (B) adopting policies to increase the inten- pate in the demonstration project. (a) IN GENERAL.—The Attorney General is sity of sanctions if an offender defaults on authorized to provide grants to States to en- SEC. 11. EVALUATION. payments, including— able the States to— (a) ANNUAL EVALUATION.— (i) revoking a term of probation or parole; (1) collect data on victim restitution over (1) CONTRACT.—The Comptroller General of (ii) modifying the terms or conditions of a specified period of time as determined by the United States shall enter into a con- probation or parole; tract, with an evaluating agency that has the Attorney General; (iii) holding a defendant in contempt of demonstrated experience in conducting eval- (2) create or expand automated data sys- court; uations, for the conduct of an ongoing rigor- tems to track restitution payments; (iv) entering a restraining order or injunc- ous evaluation of the demonstration projects (3) make improvements in the manner in tion; or under this Act. which restitution is ordered and collected; (v) ordering the sale of property of the de- and (2) ANNUAL EVALUATION REQUIREMENT.—The fendant; contract described in paragraph (1) shall re- (4) enhance and expand methods of enforce- (C) adopting procedures to ensure restitu- quire the evaluating agency entering into ment of restitution orders. tion orders are entered as civil judgments such contract to annually evaluate each (b) ELIGIBILITY.—To be eligible to receive a upon entry to allow a victim to execute judg- demonstration project under this Act in ac- grant under this Act, a State shall— ment if restitution payments are delinquent; cordance with the evaluation criteria de- (1) submit an application to the Attorney (D) such other provisions consistent with scribed in subsection (b). General, in such form as the Attorney Gen- the purposes of this Act; and (3) TRANSMISSION.—The contract described eral shall require, that meets the require- (10) the establishment of a community res- in paragraph (1) shall require the evaluating ments of subsection (c); and titution fund administered by a State agency agency entering into such contract to trans- (2) certify that the State has a victim ad- into which restitution payments are made by mit to the Comptroller General of the United vocacy program that— an offender (in addition to victim restitution States— (A) provides assistance to victims of crime payments) and can be used to pay indigent (A) the findings of each annual evaluation throughout the judicial process; and offenders for performing public service work. under paragraph (1); and (B) provides courts with a victim impact (d) WAIVER.—The Attorney General may (B) a copy of each report received pursuant statement prior to sentencing. waive the requirements under subsection (c) to section 12(a) for the applicable year. (c) APPLICATION.—An application meets the for a State that demonstrates sufficient (b) EVALUATION CRITERIA.—The Comptrol- requirements of this subsection if it in- cause for lack of compliance. ler General of the United States, in consulta- cludes— (e) GRANT PERIOD.—A grant under this Act tion with the Secretary, shall establish mini- (1) a description of the State’s victim advo- shall be awarded for a period of not more mum criteria for evaluating the demonstra- cacy program; than 5 years. tion projects under this Act. Such criteria (2) a description of the method by which SEC. 3. REPORT. shall provide for— the State compiles or will compile data on Each State receiving a grant under this (1) a description of the implementation of restitution, including information on— Act shall submit an annual report to the At- each demonstration project under this Act (A) restitution amounts ordered and col- torney General that includes an evaluation and the demonstration project’s effects on lected; of the progress of the projects funded all participants, schools, and communities in (B) collection rates for incarcerated offend- through the grant, an accounting of expendi- the demonstration project area, with par- ers and offenders who are on probation; tures, and such other provisions as may be ticular attention given to the effect of par- (C) collection rates for offenders commit- required by the Attorney General. The At- ent participation in the life of the school and ting felonies and for those committing mis- torney General shall issue an annual report the level of parental satisfaction with the demeanors; and to Congress that includes the information demonstration project; and (D) rates of partial and full payment rates submitted by States under this section. (2) a comparison of the educational of collection; SEC. 4. EVALUATION. achievement of all students in the dem- (3) documentation of a State’s current (a) FINAL EVALUATION.—Within a month onstration project area, including a compari- problems in ordering, collecting, and enforc- after the award of the first grant made under son of— ing restitution; this Act, the Attorney General shall con- (A) students receiving education certifi- (4) a description of State laws and prac- tract with an independent organization to do cates under this Act; and tices related to restitution; a final evaluation of the projects funded by (B) students not receiving education cer- (5) a description of administrative and leg- this Act at the end of 5 years. tificates under this Act. islative options to improve ordering, collect- (b) INTERIM EVALUATION.—The Attorney SEC. 12. REPORTS. ing, and enforcing restitution; General shall conduct an interim evaluation (a) REPORT BY GRANT RECIPIENT.—Each eli- (6) a description of the State’s proposal to of the projects funded by this Act 3 years gible entity receiving a grant under this Act create or expand an automated data process- after the first grant made under this Act. shall submit to the evaluating agency enter- ing system to track restitution payments; (c) CONTENT OF REPORTS.—The reports re- ing into the contract under section 11(a)(1) (7) a description of the State’s plan to im- quired by subsections (a) and (b) shall in- an annual report regarding the demonstra- prove the ordering of restitution, including— clude the following information: tion project under this Act. Each such report (A) provisions to ensure that courts order (1) An evaluation of data collection efforts. shall be submitted at such time, in such restitution whenever a victim suffers eco- (2) An assessment of whether ordering of manner, and accompanied by such informa- nomic loss as a result of unlawful conduct by restitution increased and whether tion, as such evaluating agency may require. a defendant; prioritizing restitution in fees collected im- (b) REPORTS BY COMPTROLLER GENERAL.— (B) provisions to ensure that restitution is proved restitution payments. (1) ANNUAL REPORTS.—The Comptroller ordered in the full amount of the victim’s (3) An analysis of whether the project was General of the United States shall report an- loss, as determined by the court; successful in improving significantly restitu- nually to the Congress on the findings of the (C) the prioritization of restitution in the tion collection rates. annual evaluation under section 11(a)(2) of ordering and disbursing of fees; and (4) An evaluation of most effective meth- each demonstration project under this Act. (D) such other provisions consistent with ods in improving restitution collection and Each such report shall contain a copy of— the purposes of this Act; in enforcing restitution payments. (A) the annual evaluation under section (8) a description of how the State will im- (5) An analysis of how effective automated 11(a)(2) of each demonstration project under prove collection of restitution payments, in- data systems were in increasing restitution this Act; and cluding— collection. (B) each report received under subsection (A) the establishment of a central account- (6) An analysis of States’ use of the com- (a) for the applicable year. ing, billing, and collection system that munity restitution fund and its effectiveness S 12728 CONGRESSIONAL RECORD — SENATE September 6, 1995 in ensuring indigent offenders pay restitu- asset accumulation opportunities for low-in- sponsible adult relative with whom the child tion. come persons, families, and communities, regularly resides; SEC. 5. AUTHORIZATION OF APPROPRIATIONS. and to determine if such a policy could pro- (B) provides a commitment of non-Federal There are authorized to be appropriated vide a new foundation for antipoverty poli- funds with a proportionately greater amount $10,000,000 in each of fiscal years 1997, 1998, cies and programs in the United States. of funds committed by private sector 1999, 2000, and 2001 to carry out this Act. SEC. 3. INDIVIDUAL DEVELOPMENT ACCOUNT sources; and DEMONSTRATION PROJECTS. (C) targets such individuals residing within S. 1212 (a) PURPOSE.—The purpose of this section 1 or more relatively well-defined commu- Be it enacted by the Senate and House of Rep- is to provide for the establishment of dem- nities or neighborhoods that experience low resentatives of the United States of America in onstration projects designed to determine— rates of income or employment. Congress assembled, (1) the social, civic, psychological, and eco- (4) APPROVAL.—Not later than 15 months SECTION. 1. SHORT TITLE. nomic effects of providing to individuals and after the date of the enactment of this Act, This Act may be cited as the ‘‘Assets for families with limited means an incentive to the Secretary shall, on a competitive basis, Independence Act’’. accumulate assets; approve such applications to conduct dem- SEC. 2. FINDINGS. (2) the extent to which an asset-based wel- onstration projects under this section as the The Congress finds that— fare policy that promotes saving for edu- Secretary deems appropriate, taking into ac- (1) traditional welfare programs in the cation, homeownership, and microenterprise count the assessments required by para- United States have provided millions of low- may be used to enable individuals and fami- graphs (2) and (3). The Secretary is encour- income persons with critically needed food, lies with low income to achieve economic aged to ensure that the applications that are health, and cash benefits, and such programs self-sufficiency; and approved involve a wide range of commu- should be improved and continued; (3) the extent to which an asset-based wel- nities (both rural and urban) and diverse (2) while such programs have sustained fare policy improves the community in populations. millions of low-income persons, too rarely which participating individuals and families (c) DEMONSTRATION AUTHORITY; ANNUAL have such programs been successful in pro- live. GRANTS.— moting and supporting the transition to eco- (b) APPLICATIONS.— (1) DEMONSTRATION AUTHORITY.—If the Sec- nomic self-sufficiency; (1) SUBMISSION.— retary approves an application to conduct a (3) millions of Americans continue to live (A) IN GENERAL.—Not later than 12 months demonstration project under this section, in poverty and continue to receive public as- after the date of the enactment of this Act, the Secretary shall, not later than 16 months sistance; a qualified entity may submit to the Sec- after the date of the enactment of this Act, (4) in addition to the social costs of pov- retary an application to conduct a dem- authorize the applicant to conduct the erty, the economic costs to the Federal Gov- onstration project under this section. project for 4 project years in accordance with ernment to provide basic necessities to the (B) QUALIFIED ENTITY.—For purposes of the approved application and this section. poor exceeds $120,000,000,000 each year; this Act, the term ‘‘qualified entity’’ means (2) GRANT AUTHORITY.—For each project (5) poverty is a loss of human resources either— year of a demonstration project conducted and an assault on human dignity; (i) a not-for-profit organization described under this section, the Secretary shall make (6) poverty rates remain high and welfare in section 501(c)(3) of the Internal Revenue dependency continues, in part, because wel- Code of 1986 and exempt from taxation under a grant to the qualified entity authorized to fare theory has taken for granted that a cer- section 501(a) of such Code; or conduct the project on the first day of the tain level of income or consumption is nec- (ii) a State or local government agency project year in an amount not to exceed the essary for one’s economic well-being when, submitting an application under such sub- greater of— in fact, very few people manage to spend or paragraph jointly with an organization de- (A) the aggregate amount of funds commit- consume their way out of poverty; scribed in clause (i). ted by non-Federal sources; or (B) $1,000,000. (7) economic well-being does not come sole- (2) CRITERIA.—In considering whether to ly from income, spending, and consumption, approve any application to conduct a dem- (3) LIMITATION ON GRANT AMOUNTS PER but also requires savings, investment, and onstration project under this section, the PROJECT.—The amount of each grant for a accumulation of assets, since assets can im- Secretary shall assess the following: project approved under this section shall not exceed $10,000,000. prove economic stability, connect people (A) SUFFICIENCY OF PROJECT.—The degree with a viable and hopeful future, stimulate to which the project described in the applica- (d) RESERVE FUND.— development of human and other capital, en- tion appears likely to aid project partici- (1) ESTABLISHMENT.—Each qualified entity able people to focus and specialize, yield per- pants in achieving economic self-sufficiency grantee under this section shall establish a sonal, social, and political dividends, and en- through activities requiring qualified ex- Reserve Fund which shall be maintained in hance the welfare of offspring; penses (as defined in section 529(c)(1) of the accordance with this subsection. (8) income-based welfare policy should be Internal Revenue Code of 1986, as added by (2) AMOUNTS IN RESERVE FUND.— complemented with asset-based welfare pol- section 4 of this Act). In making such assess- (A) IN GENERAL.—As soon after receipt as is icy, because while income-based policies en- ment, the Secretary shall consider the over- practicable, a qualified entity grantee shall sure that present consumption needs (includ- all quality of project activities in making deposit in the Reserve Fund established ing food, child care, rent, clothing, and any particular kind or combination of quali- under paragraph (1)— health care) are met, asset-based policies fied expenses (as so defined) to be an essen- (i) all funds provided to the qualified en- provide the means to achieve economic self- tial feature of any project. tity grantee by any public or private source sufficiency and, accordingly, to leave public (B) ADMINISTRATIVE ABILITY.—The ability in connection with the demonstration assistance; of the applicant to responsibly administer project; and (9) there is reason to believe that the fi- the project. (ii) the proceeds from any investment nancial returns, including increased income, (C) ABILITY TO ASSIST PARTICIPANTS.—The made under paragraph (3)(B). tax revenue, and decreased welfare cash as- ability of the applicant to assist project par- (B) INDIVIDUAL DEVELOPMENT ACCOUNT PEN- sistance, of individual development accounts ticipants to achieve economic self-suffi- ALTIES.— will far exceed the cost of the investment; ciency through the development of assets. (i) PENALTY AMOUNTS AUTHORIZED TO BE AP- (10) the Federal Government spends more (D) COMMITMENT OF NON-FEDERAL FUNDS.— PROPRIATED FOR PAYMENT TO THE RESERVE than $160,000,000,000 each year to provide The aggregate amount of direct funds from FUND.—With respect to the Reserve Fund es- middle- and upper-income persons with in- non-Federal public sector and private tablished by a qualified entity grantee that centives to accumulate savings and assets sources that are formally committed to the provides financial assistance under sub- (including tax subsidies for home equity ac- project. section (g) to any individual who pays, or cumulation and retirement pension ac- (E) ADEQUACY OF PLAN FOR PROVIDING IN- from whose individual development account counts), but such benefits are beyond the FORMATION FOR EVALUATION.—The adequacy is paid, a penalty amount, there is hereby reach of most low-income persons; of the plan for providing information rel- appropriated to the Reserve Fund, without (11) under current welfare policies, poor evant to an evaluation of the project. fiscal year limitation, an amount equal to families must deplete most of their assets (F) OTHER FACTORS.—Such other factors as such penalty amount. before qualifying for public assistance; the Secretary may specify. (ii) PAYMENT TO RESERVE FUND OF PENALTY (12) the Federal Government should de- (3) PREFERENCES.—In considering an appli- AMOUNTS APPROPRIATED THEREFORE.—The velop policies that promote higher rates of cation to conduct a demonstration project Secretary shall make quarterly estimated personal savings and net private domestic in- under this section, the Secretary shall give payments to the Reserve Fund of any pen- vestment, both of which fall behind the lev- preference to any application that— alty amount appropriated pursuant to clause els attained in other highly developed indus- (A) demonstrates the willingness and abil- (i). trial nations; and ity to select individuals described in sub- (C) UNIFORM ACCOUNTING REGULATIONS.— (13) the Federal Government should under- section (e) who are predominantly from The Secretary shall prescribe regulations take an asset-based welfare policy dem- households in which a child (or children) is with respect to accounting for amounts in onstration project to determine the social, living with the child’s biological or adoptive Reserve Funds. civic, psychological, and economic effects of mother or father, legal guardian, or a re- (3) USE OF RESERVE FUND.— September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12729

(A) IN GENERAL.—A qualified entity grant- ducted or is otherwise unable to continue (B) the Treasurer (or equivalent official) of ee shall use the amounts in the Reserve participating in the project. the State in which the project is conducted, Fund established under paragraph (1) to— (f) SELECTION OF INDIVIDUALS TO RECEIVE if the State or local government committed (i) assist participants in the demonstration ASSISTANCE.—From among the individuals funds to the demonstration project. project in obtaining the skills and informa- eligible for assistance under a demonstration (3) TIMING.—The first report required by tion necessary to achieve economic self-suf- project conducted under this section, each paragraph (1) shall be submitted at the end ficiency through activities requiring quali- qualified entity grantee shall select the indi- of the 7-month period beginning on the date fied expenses (as so defined); viduals— the Secretary authorized the qualified entity (ii) provide financial assistance in accord- (1) whom the qualified entity grantee grantee to conduct the demonstration ance with subsection (g) to individuals se- deems to be best suited to receive such as- project, and subsequent reports shall be sub- lected by the qualified entity grantee to par- sistance; and mitted every 6 months thereafter, until the ticipate in the project; (2) to whom the qualified entity grantee conclusion of the project. (iii) administer the project; and will provide financial assistance in accord- (j) SANCTIONS.— (iv) provide the research organization eval- ance with subsection (g). (1) AUTHORITY TO TERMINATE DEMONSTRA- uating the project under subsection (k) with (g) PROVISION OF FINANCIAL ASSISTANCE.— TION PROJECT.—If the Secretary determines such information with respect to the project (1) IN GENERAL.—Not less than once a as may be required for the evaluation. month during each project year, each quali- that a qualified entity grantee under this fied entity grantee under this section shall section is not operating the project in ac- (B) AUTHORITY TO INVEST FUNDS.— deposit in the individual development ac- cordance with the grantee’s application or (i) GUIDELINES.—The Secretary shall estab- lish guidelines for investing amounts in Re- count of each individual participating in the this section (and has not implemented any serve Funds in a manner that provides high project an amount— corrective recommendations directed by the liquidity and low risk. (A) from the grant made under subsection Secretary), the Secretary shall terminate (c)(2), equal to the amount of earned income (ii) INVESTMENT.—A qualified entity grant- such grantee’s authority to conduct the (as defined in section 911(d)(2) of the Internal ee shall invest the amounts in its Reserve project. Revenue Code of 1986) deposited during the Fund that are not immediately needed to (2) ACTIONS REQUIRED UPON TERMINATION.— month by the individual in the individual’s carry out the provisions of subparagraph (A), If the Secretary terminates the authority to development account, and in accordance with guidelines established conduct a demonstration project, the Sec- (B) from the non-Federal funds described in under clause (i). retary— subsection (b)(2)(D), equal to the amount de- (C) LIMITATION ON USES.—Not more than 7.5 (A) shall suspend the project; scribed in subparagraph (A). percent of the amounts provided to a quali- (B) shall take control of the Reserve Fund (2) LIMITATION ON FINANCIAL ASSISTANCE TO fied entity grantee under subsection (c)(2) established pursuant to subsection (d); INDIVIDUAL.—Not more than $2,000 from a shall be used by the qualified entity grantee (C) shall make every effort to identify an- grant made under subsection (c)(2) shall be for the purposes described in clauses (i), (iii), other qualified entity willing and able to provided to any 1 individual. and (iv) of paragraph (3)(A), except that if 2 conduct the project in accordance with the (3) LIMITATION ON FINANCIAL ASSISTANCE TO or more qualified entities are jointly admin- approved application (or, as modified, if nec- HOUSEHOLD.—Not more than $4,000 from a istering a project, no qualified entity grant- essary to incorporate the recommendations) grant made under subsection (c)(2) shall be ee shall use more than its proportional share and this section; provided to any 1 household. for such purposes. (D) shall, if the Secretary identifies such (4) WITHDRAWAL OF FUNDS.—The Secretary (4) UNUSED FEDERAL GRANT FUNDS TRANS- an entity— shall establish such regulations as may be (i) authorize the entity to conduct the FERRED TO THE SECRETARY WHEN PROJECT necessary to ensure that funds held in an in- TERMINATES.—Notwithstanding paragraph project in accordance with the approved ap- dividual development account are not with- (3), upon the termination of any demonstra- plication (or, as modified, if necessary, to in- drawn except for 1 or more of the qualified tion project authorized under this section, corporate the recommendations) and this expenses specified in section 529(c)(1) of the the qualified entity grantee conducting the section; Internal Revenue Code of 1986 (as added by project shall transfer to the Secretary an (ii) transfer to the entity control over the section 4 of this Act). Such regulations shall amount equal to— Reserve Fund established pursuant to sub- include a requirement that a responsible of- (A) the amounts in its Reserve Fund at section (d); and ficial of the qualified entity grantee con- time of the termination; multiplied by (iii) consider, for purposes of this section— ducting a project approve such withdrawal in (B) a percentage equal to— (I) such other entity to be the qualified en- writing. tity originally authorized to conduct the (i) the aggregate amount of grants made to (h) LOCAL CONTROL OVER DEMONSTRATION project; and the qualified entity grantee under subsection PROJECTS.—Each qualified entity grantee (II) the date of such authorization to be (c)(2); divided by under this section shall, subject to the provi- the date of the original authorization; and (ii) the aggregate amount of all moneys sions of subsection (j), have sole authority (E) if, by the end of the 1-year period be- provided to the qualified entity grantee by over the administration of the project. The ginning on the date of the termination, the all sources to conduct the project. Secretary may prescribe only such regula- Secretary has not found such a qualified en- (e) ELIGIBILITY FOR ASSISTANCE.— tions with respect to demonstration projects tity, shall— (1) IN GENERAL.—Any individual who is a under this section as are necessary to ensure (i) terminate the project; and member of a household that meets the fol- compliance with the approved applications (ii) from the amount remaining in the Re- lowing requirements shall be eligible for as- and this section. serve Fund established as part of the project, sistance under a demonstration project con- (i) SEMIANNUAL PROGRESS REPORTS.— remit to each source that provided funds ducted under this section: (1) IN GENERAL.—Each qualified entity under subsection (b)(2)(D) to the entity origi- (A) INCOME TEST.—The adjusted gross in- grantee under this section shall prepare come of the household did not exceed the in- semiannual reports on the progress of the nally authorized to conduct the project, an come limits established under section project. Each report shall specify for the amount that bears the same ratio to the 32(b)(2) of the Internal Revenue Code of 1986. semiannual period covered by the report the amount so remaining as the amount pro- vided by the source under subsection (B) NET WORTH TEST.— following information: (b)(2)(D) bears to the amount provided by all (i) IN GENERAL.—The net worth of the (A) The number of individuals making a household, as of the close of the calendar deposit into an individual development ac- such sources under subsection (b)(2)(D). year preceding the determination of eligi- count. (k) EVALUATIONS.— bility, does not exceed $20,000. (B) Information on the amounts in the Re- (1) IN GENERAL.—Not later than 16 months (ii) DETERMINATION OF NET WORTH.—For serve Fund established with respect to the after the date of the enactment of this Act, purposes of clause (i), the net worth of a project. the Secretary shall enter into a contract household is the amount equal to— (C) The amounts deposited in the individ- with an independent research organization (I) the aggregate market value of all assets ual development accounts. to evaluate, individually and as a group, all that are owned in whole or in part by any (D) The amounts withdrawn from the indi- qualified entities and sources participating member of the household, minus vidual development accounts and the pur- in the demonstration projects conducted (II) the obligations or debts of any member poses for which such amounts were with- under this section. of the household. drawn. (2) FACTORS TO EVALUATE.—In evaluating (2) INDIVIDUALS UNABLE TO COMPLETE THE (E) The balances remaining in the individ- any demonstration project conducted under PROJECT.—The Secretary shall establish such ual development accounts. this section, the research organization shall regulations as are necessary, including pro- (F) Such other information as the Sec- address the following factors: hibiting eligibility for further assistance retary may require to evaluate the project. (A) The savings account characteristics under a demonstration project conducted (2) SUBMISSION OF REPORTS.—The qualified (such as threshold amounts and match rates) under this section, to ensure compliance entity grantee shall submit each report re- required to stimulate participation in the with this section if an individual participat- quired to be prepared under paragraph (1) demonstration project, and how such charac- ing in the demonstration project moves from to— teristics vary among different populations or the community in which the project is con- (A) the Secretary; and communities. S 12730 CONGRESSIONAL RECORD — SENATE September 6, 1995

(B) What service configurations of the (B) 10 PERCENT ADDITION TO TAX.—Any addi- penses paid from an individual development qualified entity grantee (such as peer sup- tional tax imposed by section 529(f) of the In- account directly to an eligible educational port, structured planning exercises, ternal Revenue Code of 1986 (as so added). institution. For purposes of this subpara- mentoring, and case management) increase (C) OTHER EXCISE OR PENALTY TAXES.—Any graph— the rate and consistency of participation in tax imposed with respect to an individual de- ‘‘(i) IN GENERAL.—The term ‘post-secondary the demonstration project and how such con- velopment account by section 4973, 4975, or educational expenses’ means— figurations vary among different populations 6693 of the Internal Revenue Code of 1986. ‘‘(I) tuition and fees required for the en- or communities. (5) PROJECT YEAR.—The term ‘‘project rollment or attendance of a student at an el- (C) The economic, civic, psychological, and year’’ means, with respect to a demonstra- igible educational institution, and social effects of asset accumulation, and how tion project, any of the 4 consecutive 12- ‘‘(II) fees, books, supplies, and equipment such effects vary among different popu- month periods beginning on the date the required for courses of instruction at an eli- lations or communities. project is originally authorized to be con- gible educational institution. (D) The effects of individual development ducted. ‘‘(ii) ELIGIBLE EDUCATIONAL INSTITUTION.— accounts on savings rates, homeownership, (6) QUALIFIED SAVINGS OF THE INDIVIDUAL The term ‘eligible educational institution’ level of education attained, and self-employ- FOR THE PERIOD.—The term ‘‘qualified sav- means the following: ment, and how such effects vary among dif- ings of the individual for the period’’ means ‘‘(I) INSTITUTION OF HIGHER EDUCATION.—An ferent populations or communities. the aggregate of the amounts contributed by institution described in section 481(a)(1) or (E) The potential financial returns to the the individual to the individual development 1201(a) of the Higher Education Act of 1965 Federal Government and to other public sec- account of the individual during the period. (20 U.S.C. 1088(a)(1) or 1141(a)), as such sec- tor and private sector investors in individual (7) SECRETARY.—The term ‘‘Secretary’’ tions are in effect on the date of the enact- development accounts over a 5-year and 10- means the Secretary of Health and Human ment of this section. year period of time. Services. ‘‘(II) POSTSECONDARY VOCATIONAL EDU- (F) The lessons to be learned from the dem- (m) AUTHORIZATION OF APPROPRIATIONS.— CATION SCHOOL.—An area vocational edu- onstration projects conducted under this sec- To carry out this section, the following cation school (as defined in subparagraph (C) tion and if a permanent program of individ- amounts are authorized to be appropriated: or (D) of section 521(4) of the Carl D. Perkins ual development accounts should be estab- (1) $20,000,000 for fiscal year 1996. Vocational and Applied Technology Edu- lished. (2) $30,000,000 for fiscal year 1997. cation Act (20 U.S.C. 2471(4))) which is in any (G) Such other factors as may be pre- (3) $30,000,000 for fiscal year 1998. State (as defined in section 521(33) of such scribed by the Secretary. (4) $20,000,000 for fiscal year 1999. Act), as such sections are in effect on the (3) METHODOLOGICAL REQUIREMENTS.—In SEC. 4. INDIVIDUAL DEVELOPMENT ACCOUNTS. date of the enactment of this section. ‘‘(B) FIRST-HOME PURCHASE.—Qualified ac- evaluating any demonstration project con- (a) IN GENERAL.—Subchapter F of chapter 1 ducted under this section, the research orga- of the Internal Revenue Code of 1986 (relat- quisition costs with respect to a qualified nization shall— ing to exempt organizations) is amended by principal residence for a qualified first-time homebuyer, if paid from an individual devel- (A) to the extent possible, use control adding at the end the following new part: groups to compare participants with opment account directly to the persons to ‘‘PART VIII—INDIVIDUAL DEVELOPMENT whom the amounts are due. For purposes of nonparticipants; ACCOUNTS this subparagraph— (B) before, during, and after the project, ‘‘Sec. 529. Individual development accounts. ‘‘(i) QUALIFIED ACQUISITION COSTS.—The obtain such quantitative data as are nec- ‘‘SEC. 529. INDIVIDUAL DEVELOPMENT AC- term ‘qualified acquisition costs’ means the essary to evaluate the project thoroughly; COUNTS. costs of acquiring, constructing, or recon- and ‘‘(a) ESTABLISHMENT OF ACCOUNTS.— structing a residence. The term includes any (C) develop a qualitative assessment, de- ‘‘(1) IN GENERAL.—An individual develop- usual or reasonable settlement, financing, or rived from sources such as in-depth inter- ment account may be established by or on other closing costs. views, of how asset accumulation affects in- behalf of an eligible individual for the pur- ‘‘(ii) QUALIFIED PRINCIPAL RESIDENCE.—The dividuals and families. pose of accumulating funds to pay the quali- term ‘qualified principal residence’ means a (4) REPORTS BY THE SECRETARY.— fied expenses of such individual. principal residence (within the meaning of (A) INTERIM REPORTS.—Not less than once ‘‘(2) ELIGIBLE INDIVIDUAL.— section 1034), the qualified acquisition costs during the 12-month period beginning on the ‘‘(A) IN GENERAL.—The term ‘eligible indi- of which do not exceed 100 percent of the av- date of the enactment of this Act, and during vidual’ means an individual for whom assist- erage area purchase price applicable to such each 12-month period thereafter until all ance is (or at any prior time was) provided residence (determined in accordance with demonstration projects conducted under this by a qualified entity grantee under section paragraphs (2) and (3) of section 143(e)). section are completed, the Secretary shall 3(g) of the Assets for Independence Act. ‘‘(iii) QUALIFIED FIRST-TIME HOMEBUYER.— submit to the Congress an interim report ‘‘(B) QUALIFIED ENTITY.—The term ‘quali- ‘‘(I) IN GENERAL.—The term ‘qualified first- setting forth the results of the evaluations fied entity’ has the meaning given such term time homebuyer’ means a taxpayer (and, if conducted pursuant to this subsection. by section 3(b)(1)(B) of such Act. married, the taxpayer’s spouse) who has no (B) FINAL REPORTS.—Not later than 12 ‘‘(b) LIMITATIONS.— present ownership interest in a principal res- months after the conclusion of all dem- ‘‘(1) ACCOUNT TO BENEFIT 1 INDIVIDUAL.—An idence during the 3-year period ending on the onstration projects conducted under this sec- individual development account may not be date of acquisition of the principal residence tion, the Secretary shall submit to the Con- established for the benefit of more than 1 in- to which this subparagraph applies. gress a final report setting forth the results dividual. ‘‘(II) DATE OF ACQUISITION.—The term ‘date and findings of evaluations conducted pursu- ‘‘(2) MULTIPLE ACCOUNTS.—If, at any time of acquisition’ means the date on which a ant to this subsection. during a calendar year, 2 or more individual binding contract to acquire, construct, or re- (5) EVALUATION EXPENSES.—The Secretary development accounts are maintained for construct the principal residence to which shall expend such sums as may be necessary the benefit of an eligible individual, such in- this subparagraph applies is entered into. to carry out the purposes of this subsection. dividual shall be treated as an eligible indi- ‘‘(C) BUSINESS CAPITALIZATION.—Amounts (l) DEFINITIONS.—As used in this section: vidual for the calendar year only with re- paid from an individual development account (1) APPLICABLE PERIOD.—The term ‘‘appli- spect to the 1st of such accounts. directly to a business capitalization account cable period’’ means, with respect to ‘‘(3) ANNUAL LIMIT.—Contributions to an which is established in a federally insured fi- amounts to be paid from a grant made for a individual development account for any tax- nancial institution and is restricted to use project year, the calendar year immediately able year shall not exceed $2,000. No con- solely for qualified business capitalization preceding the calendar year in which the tribution to the account under section 3(g) of expenses. For purposes of this subpara- grant is made. the Assets for Independence Act shall be graph— (2) HOUSEHOLD.—The term ‘‘household’’ taken into account for purposes of this para- ‘‘(i) QUALIFIED BUSINESS CAPITALIZATION EX- means all individuals who share use of a graph. PENSES.—The term ‘qualified business cap- dwelling unit as primary quarters for living ‘‘(4) CONTRIBUTIONS TO BE FROM EARNED IN- italization expenses’ means qualified expend- and eating separate from other individuals. COME.—An eligible individual may only con- itures for the capitalization of a qualified (3) INDIVIDUAL DEVELOPMENT ACCOUNT.—The tribute to an account such amounts as are business pursuant to a qualified plan. term ‘‘individual development account’’ has derived from earned income, as defined in ‘‘(ii) QUALIFIED EXPENDITURES.—The term the same meaning given such term in section section 911(d)(2). ‘qualified expenditures’ means expenditures 529 of the Internal Revenue Code of 1986, as ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For included in a qualified plan, including cap- added by section 4 of this Act. purposes of this section— ital, plant, equipment, working capital, and (4) PENALTY AMOUNT.—The term ‘‘penalty ‘‘(1) QUALIFIED EXPENSES.—The term ‘quali- inventory expenses. amount’’ means any of the following: fied expenses’ means 1 or more of the follow- ‘‘(iii) QUALIFIED BUSINESS.—The term (A) FINANCIAL ASSISTANCE FORFEITED.—Any ing, as provided by the qualified entity pro- ‘qualified business’ means any business that amount paid into the general fund of the viding assistance to the individual under sec- does not contravene any law or public policy Treasury of the United States under section tion 3(g) of the Assets for Independence Act: (as determined by the Secretary). 529(e) of the Internal Revenue Code of 1986 ‘‘(A) POSTSECONDARY EDUCATIONAL EX- ‘‘(iv) QUALIFIED PLAN.—The term ‘qualified (as so added). PENSES.—Postsecondary educational ex- plan’ means a business plan which— September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12731 ‘‘(I) is approved by a financial institution, by the eligible individual (including earnings liability of each payee or distributee under or by a nonprofit loan fund having dem- attributable to such contributions) until all this chapter for the taxable year in which onstrated fiduciary integrity, other amounts to the credit of the eligible the payment or distribution is received shall ‘‘(II) includes a description of services or individual have been distributed. be increased by an amount equal to 10 per- goods to be sold, a marketing plan, and pro- ‘‘(e) TAX TREATMENT OF ACCOUNTS.— cent of the amount of the payment or dis- jected financial statements, and ‘‘(1) EXEMPTION FROM TAX.— tribution. ‘‘(III) may require the eligible individual ‘‘(A) IN GENERAL.—Except as provided in ‘‘(2) DISABILITY OR DEATH CASES.—Para- to obtain the assistance of an experienced subparagraph (B), an individual development graph (1) shall not apply if the payment or entrepreneurial advisor. account is exempt from taxation under this distribution is made after the individual for ‘‘(D) TRANSFERS TO IDAS OF FAMILY MEM- title unless such account has ceased to be an whose benefit the individual development ac- BERS.—Amounts paid from an individual de- individual development account by reason of count becomes disabled within the meaning velopment account directly into another paragraph (2). Notwithstanding the preced- of section 72(m)(7) or dies. such account established for the benefit of ing sentence, any such account is subject to ‘‘(g) COMMUNITY PROPERTY LAWS.—This an eligible individual who is— the taxes imposed by section 511 (relating to section shall be applied without regard to ‘‘(i) the taxpayer’s spouse, or imposition of tax on unrelated business in- any community property laws. ‘‘(ii) any dependent of the taxpayer with come of charitable, etc. organizations). ‘‘(h) CUSTODIAL ACCOUNTS.—For purposes of respect to whom the taxpayer is allowed a ‘‘(B) CERTAIN EARNINGS TAXED AS GRANTOR this section, a custodial account shall be deduction under section 151. TRUST.—An eligible individual shall be treat- treated as a trust if the assets of such ac- ‘‘(2) INDIVIDUAL DEVELOPMENT ACCOUNT.— ed for purposes of this title as the owner of count are held by a bank (as defined in sec- The term ‘individual development account’ the individual development account estab- tion 408(n)) or another person who dem- means a trust created or organized in the lished by or on behalf of such individual and onstrates, to the satisfaction of the Sec- United States exclusively for the purpose of shall be subject to tax thereon with respect retary, that the manner in which such per- to the earnings attributable to contributions paying the qualified expenses of an eligible son will administer the account will be con- made to the account by the eligible individ- individual, but only if the written governing sistent with the requirements of this section, ual in accordance with subpart E of part I of instrument creating the trust meets the fol- and if the custodial account would, except subchapter J of this chapter (relating to lowing requirements: for the fact that it is not a trust, constitute grantors and others treated as substantial ‘‘(A) No contribution will be accepted un- an individual development account described owners). less it is in cash or by check. in subsection (c)(2). For purposes of this ‘‘(2) LOSS OF EXEMPTION OF ACCOUNT WHERE ‘‘(B) The trustee is a federally insured fi- title, in the case of a custodial account nancial institution. INDIVIDUAL ENGAGES IN PROHIBITED TRANS- treated as a trust by reason of the preceding ‘‘(C) The assets of the account will be in- ACTION.— sentence, the custodian of such account shall vested in accordance with the direction of ‘‘(A) IN GENERAL.—If an eligible individual be treated as the trustee thereof. the eligible individual after consultation or qualified entity engages in any trans- ‘‘(i) REPORTS.—The trustee of an individual with the qualified entity providing assist- action prohibited by section 4975 with re- development account shall— ance to the individual under section 3(g) of spect to such individual’s account, the ac- ‘‘(1) prepare reports regarding the account the Assets for Independence Act. count shall cease to be an individual devel- with respect to contributions, distributions, ‘‘(D) The assets of the trust will not be opment account as of the 1st day of the tax- commingled with other property except in a able year of such individual during which and any other matter required by the Sec- common trust fund or common investment such transaction occurs. retary under regulations, and fund. ‘‘(B) ACCOUNT TREATED AS DISTRIBUTING ALL ‘‘(2) submit such reports, at the time and ‘‘(E) Except as provided in subparagraph ITS ASSETS.—In any case in which any ac- in the manner prescribed by the Secretary in (F), any amount in the account which is at- count ceases to be an individual development regulations, to— tributable to assistance provided under sec- account by reason of subparagraph (A) as of ‘‘(A) the eligible individual for whose bene- tion 3(g) of the Assets for Independence Act the 1st day of any taxable year— fit the account is maintained, may be paid or distributed out of the ac- ‘‘(i) all assets in the account on such 1st ‘‘(B) the qualified entity providing assist- count only for the purpose of paying the day which are attributable to assistance pro- ance to the individual under section 3(g) of qualified expenses of the eligible individual. vided under section 3(g) of the Assets for the Assets for Independence Act, and ‘‘(F) Any balance in the account on the day Independence Act shall be paid into the gen- ‘‘(C) the Secretary.’’ after the date on which the individual for eral fund of the Treasury of the United (b) DEDUCTION ALLOWED AGAINST GROSS IN- whose benefit the trust is established dies States, and COME.—Subsection (a) of section 62 (defining shall be distributed within 30 days of such ‘‘(ii) the remaining assets shall be treated adjusted gross income) is amended by insert- date as directed by such individual to an- as distributed on such 1st day. ing after paragraph (15) the following new other individual development account estab- ‘‘(3) EFFECT OF PLEDGING ACCOUNT AS SECU- paragraph: lished for the benefit of an eligible individ- RITY.—If, during any taxable year, an eligi- ‘‘(16) INDIVIDUAL DEVELOPMENT ACCOUNTS.— ual. ble individual or qualified entity uses such Except as provided in section 529, contribu- ‘‘(3) TIME WHEN CONTRIBUTIONS DEEMED individual’s account or any portion thereof tions to an individual development account MADE.—A taxpayer shall be deemed to have as security for a loan— established to provide assistance to the tax- made a contribution on the last day of the ‘‘(A) an amount equal to the part of the payer under section 3(g) of the Assets for preceding taxable year if the contribution is portion so used which is attributable to as- Independence Act.’’ made on account of such taxable year and is sistance provided under section 3(g) of the (c) CONTRIBUTION NOT SUBJECT TO GIFT made not later than the time prescribed by Assets for Independence Act shall be paid TAX.—Section 2503 of such Code (relating to law for filing the return for such taxable into the general fund of the Treasury of the taxable gifts) is amended by adding at the year (including extensions thereof). United States, and end the following new subsection: ‘‘(d) TAX TREATMENT OF DISTRIBUTIONS.— ‘‘(B) the remaining part of the portion so ‘‘(h) INDIVIDUAL DEVELOPMENT ACCOUNTS.— ‘‘(1) IN GENERAL.—Except as otherwise pro- used shall be treated as distributed to the el- Any contribution made by an individual or vided in this subsection, any amount paid or igible individual. qualified entity to an individual develop- distributed out of an individual development ‘‘(4) EFFECT OF LIEN OR OTHER SEIZURE OF ment account described in section 529(c)(2) account attributable to assistance provided ACCOUNT.—If, during any taxable year, a lien shall not be treated as a transfer of property under section 3(g) of the Assets for Independ- is placed on an individual development ac- by gift for purposes of this chapter.’’ ence Act (including earnings attributable to count, or the account is otherwise seized (d) TAX ON PROHIBITED TRANSACTIONS.— such assistance) shall be included in gross in- pursuant to legal or administrative process— Section 4975 of such Code (relating to prohib- come of the payee or distributee for the tax- ‘‘(A) an amount equal to the part of the ited transactions) is amended— able year in the manner provided in section portion so seized which is attributable to as- (1) by adding at the end of subsection (c) 72. sistance provided under section 3(g) of the the following new paragraph: ‘‘(2) DISTRIBUTION USED TO PAY QUALIFIED Assets for Independence Act shall be paid ‘‘(4) SPECIAL RULE FOR INDIVIDUAL DEVELOP- EXPENSES.—A payment or distribution out of into the general fund of the Treasury of the MENT ACCOUNTS.—An eligible individual for an individual development account attrib- United States, and whose benefit an individual development ac- utable to assistance provided under section ‘‘(B) the remaining part of the portion so count is established and any contributor to 3(g) of the Assets for Independence Act shall seized shall be treated as distributed to the such account shall be exempt from the tax not be included in gross income to the extent eligible individual. imposed by this section with respect to any such payment or distribution is used exclu- ‘‘(f) ADDITIONAL TAX ON CERTAIN AMOUNTS transaction concerning such account (which sively to pay the qualified expenses incurred INCLUDED IN GROSS INCOME.— would otherwise be taxable under this sec- by the eligible individual for whose benefit ‘‘(1) DISTRIBUTION NOT USED FOR QUALIFIED tion) if, with respect to such transaction, the the account is established. EXPENSES.—In the case of any payment or account ceases to be an individual develop- ‘‘(3) ORDERING RULES.—Any distribution distribution not used exclusively to pay ment account by reason of the application of from an individual development account qualified expenses incurred by the eligible section 529(e)(2)(A) to such account.’’, and shall not be treated as made from the accu- individual for whose benefit the individual (2) by inserting ‘‘, an individual develop- mulated contributions made to the account development account is established, the tax ment account described in section 529(c)(2),’’ S 12732 CONGRESSIONAL RECORD — SENATE September 6, 1995

in subsection (e)(1) after ‘‘described in sec- (1) COMMUNITY DEVELOPMENT CORPORA- ing to the disposition of property, the Sec- tion 408(a)’’. TION.—The term ‘‘community development retary shall transfer ownership of any unoc- (e) FAILURE TO PROVIDE REPORTS ON INDI- corporation’’ means a nonprofit organization cupied multifamily housing project, sub- VIDUAL DEVELOPMENT ACCOUNTS.—Section whose primary purpose is to promote com- standard multifamily housing project, or 6693 of such Code (relating to failure to pro- munity development by providing housing other residential property that is owned by vide reports on individual retirement ac- opportunities to low-income families. the Secretary to the appropriate unit of gen- counts or annuities) is amended— (2) COST RECOVERY BASIS.—The term ‘‘cost eral local government for the area in which (1) by inserting ‘‘or on individual development recovery basis’’ means, with respect to any the project or residence is located in accord- accounts’’ after ‘‘annuities’’ in the heading of sale of a project or residence by a unit of ance with subsection (b), if the unit of gen- such section, and general local government to a community eral local government enters into an agree- (2) by adding at the end of subsection (a) development corporation under section ment with the Secretary described in sub- the following new sentence: ‘‘The person re- 3(c)(2), that the purchase price paid by the section (c). quired by section 529(i) to file a report re- community development corporation is less (b) TIMING.— garding an individual development account than or equal to the costs incurred by the (1) IN GENERAL.—Any transfer of ownership at the time and in the manner required by unit of general local government in connec- under subsection (a) shall be completed— such section shall pay a penalty of $50 for tion with such project or residence during (A) with respect to any multifamily hous- each failure, unless it is shown that such the period beginning on the date on which ing project owned by the Secretary that is failure is due to reasonable cause.’’ the unit of general local government ac- determined to be unoccupied or substandard (f) SPECIAL RULE FOR DETERMINING quires title to the multifamily housing before the date of enactment of this Act, not AMOUNTS OF SUPPORT FOR DEPENDENT.—Sub- project or residential property under sub- later than 1 year after that date of enact- section (b) of section 152 of such Code (relat- section (a) and ending on the date on which ment; and ing to definition of dependent) is amended by the sale is consummated. (B) with respect to any multifamily hous- adding at the end the following new para- (3) LOW-INCOME FAMILIES.—The term ‘‘low- ing project or other residential property ac- graph: income families’’ has the same meaning as in quired by the Secretary on or after the date ‘‘(6) A distribution from an individual de- section 3(b) of the United States Housing Act of enactment of this Act, not later than 1 velopment account described in section of 1937. year after the date on which the project is 529(c)(2) to the eligible individual for whose (4) MULTIFAMILY HOUSING PROJECT.—The determined to be unoccupied or substandard benefit such account has been established term ‘‘multifamily housing project’’ has the or the residence is acquired, as appropriate. shall not be taken into account in determin- same meaning as in section 203 of the Hous- (2) SATISFACTION OF INDEBTEDNESS.—Prior ing support for purposes of this section to ing and Community Development Amend- to any transfer of ownership under para- the extent such distribution is excluded from ments of 1978. graph (1), the Secretary shall satisfy any in- gross income of such individual under sec- (5) SECRETARY.—The term ‘‘Secretary’’ debtedness incurred in connection with the tion 529(d)(2).’’ means the Secretary of Housing and Urban project or residence at issue, either by— (g) CLERICAL AMENDMENTS.— Development. (A) cancellation of the indebtedness; or (1) The table of parts for subchapter F of (6) SEVERE PHYSICAL PROBLEMS.—A dwell- (B) reimbursing the unit of general local chapter 1 of such Code is amended by insert- ing unit shall be considered to have ‘‘severe government to which the project or resi- ing at the end the following new item: physical problems’’ if such unit— dence is transferred for the amount of the in- (A) lacks hot or cold piped water, a flush debtedness. ‘‘Part VIII. Individual development ac- toilet, or both a bathtub and a shower in the (c) SALE TO COMMUNITY DEVELOPMENT COR- counts.’’ unit, for the exclusive use of that unit; PORATIONS.—An agreement is described in (2) The table of sections for subchapter B (B) on not less than 3 separate occasions, this subsection if it is an agreement that re- of chapter 68 of such Code is amended by during the preceding winter months was un- quires a unit of general local government to striking the item relating to section 6693 and comfortably cold for a period of more than 6 dispose of the multifamily housing project or inserting the following new item: consecutive hours due to a malfunction of other residential property in accordance the heating system for the unit; with the following requirements: ‘‘Sec. 6693. Failure to provide reports on indi- (C) has no functioning electrical service, (1) NOTIFICATION TO COMMUNITY DEVELOP- vidual retirement accounts or exposed wiring, any room in which there is MENT CORPORATIONS.—Not later than 30 days annuities or on individual de- not a functioning electrical outlet, or has ex- after the date on which the unit of general velopment accounts.’’ perienced not less than 3 blown fuses or local government acquires title to the multi- (h) EFFECTIVE DATE.—The amendments tripped circuit breakers during the preceding family housing project or other residential made by this section shall apply to contribu- 90-day period; property under subsection (a), the unit of tions made after the date of the enactment (D) is accessible through a public hallway general local government shall notify com- of this Act. in which there are no working light fixtures, munity development corporations located in SEC. 5. FUNDS IN INDIVIDUAL DEVELOPMENT AC- loose or missing steps or railings, and no ele- the State in which the project or residence is COUNTS OF DEMONSTRATION vator; or located— PROJECT PARTICIPANTS DIS- (E) has severe maintenance problems, in- (A) of such acquisition of title; and REGARDED FOR PURPOSES OF ALL cluding water leaks involving the roof, win- (B) that, during the 6-month period begin- MEANS-TESTED FEDERAL PRO- dows, doors, basement, or pipes or plumbing ning on the date on which such notification GRAMS. fixtures, holes or open cracks in walls or is made, such community development cor- Notwithstanding any Federal law (other ceilings, severe paint peeling or broken plas- porations shall have the exclusive right than the Internal Revenue Code of 1986) that ter, and signs of rodent infestation. under this subsection to make bona fide of- requires consideration of 1 or more financial (7) SINGLE FAMILY RESIDENCE.—The term fers to purchase the project or residence on circumstances of an individual, for the pur- ‘‘single family residence’’ means a 1- to 4- a cost recovery basis. pose of determining eligibility to receive, or family dwelling that is held by the Sec- (2) RIGHT OF FIRST REFUSAL.—During the 6- the amount of, any assistance or benefit au- retary. month period described in paragraph (1)(B)— thorized by such law to be provided to or for (8) SUBSTANDARD MULTIFAMILY HOUSING (A) the unit of general local government the benefit of such individual, funds (includ- PROJECT.—A multifamily housing project is may not sell or offer to sell the multifamily ing interest accruing) in an individual devel- ‘‘substandard’’ if not less than 25 percent of housing project or other residential property opment account (as defined in section 529 of the dwelling units of the project have severe other than to a party notified under para- the Internal Revenue Code of 1986, as added physical problems. graph (1), unless each community develop- by section 4 of this Act) shall be disregarded (9) UNIT OF GENERAL LOCAL GOVERNMENT.— ment corporation notifies the unit of general for such purpose with respect to any period The term ‘‘unit of general local government’’ local government that the corporation will during which such individual participates in has the same meaning as in section 102(a) of not make an offer to purchase the project or a demonstration project conducted under the Housing and Community Development residence; and section 3 of this Act (or would be participat- Act of 1974. (B) the unit of general local government ing in such a project but for the suspension (10) UNOCCUPIED MULTIFAMILY HOUSING shall accept a bona fide offer to purchase the of the project). PROJECT.—The term ‘‘unoccupied multifam- project or residence made during such period ily housing project’’ means a multifamily if the offer is acceptable to the unit of gen- S. 1213 housing project that the unit of general local eral local government, except that a unit of Be it enacted by the Senate and House of Rep- government certifies in writing is not inhab- general local government may not sell a resentatives of the United States of America in ited. project or residence to a community develop- Congress assembled, SEC. 3. DISPOSITION OF UNOCCUPIED AND SUB- ment corporation during that 6-month period SECTION 1. SHORT TITLE. STANDARD PUBLIC HOUSING. other than on a cost recovery basis. This Act may be cited as the ‘‘Urban (a) TRANSFER OF OWNERSHIP TO UNITS OF (3) OTHER DISPOSITION.—During the 6- Homestead Act of 1995’’. GENERAL LOCAL GOVERNMENT.—Notwith- month period beginning on the expiration of SEC. 2. DEFINITIONS. standing section 203 of the Housing and Com- the 6-month period described in paragraph For purposes of this Act, the following munity Development Amendments of 1978 or (1)(B), the unit of general local government definitions shall apply: any other provision of Federal law pertain- shall dispose of the multifamily housing September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12733 project or other residential property on a ne- (B) provides the Secretary with such other (3) $100,000,000 for fiscal year 1998. gotiated, competitive bid, or other basis, on information and assurances as the Secretary TITLE II—MATERNITY HOME such terms as the unit of general local gov- may require. DEMONSTRATIONS ernment deems appropriate. (2) INCOME OF ESTRANGED SPOUSE NOT IN- SEC. 201. PURPOSES. SEC. 4. EXEMPTION FROM PROPERTY DISPOSI- CLUDED.—In determining the income of an It is the purpose of this title to support TION REQUIREMENTS. individual for purposes of paragraph (1)(A), demonstrations— No provision of the Multifamily Housing there shall not be included the income of a (1) to improve and expand the availability Property Disposition Reform Act of 1994, or spouse if the spouse has been living apart of, and access to, needed comprehensive ma- any amendment made by that Act, shall from the woman for not less than 6 months, ternity care services that enable pregnant apply to the disposition of property in ac- or if the spouse is incarcerated. adolescents to obtain proper care and to as- cordance with this Act. (3) PARTICIPATION IN AFDC PROGRAM NOT RE- sist pregnant adolescents and adolescent par- QUIRED.—An individual otherwise eligible to SEC. 5. TENANT LEASES. ents to become productive independent con- receive a maternal health certificate under This Act shall not affect the terms or the tributors to family and community life; and the program established under subsection (a) (2) to promote innovative, comprehensive, enforceability of any contract or lease en- shall not be found ineligible to receive such tered into before the date of enactment of and integrated approaches to the delivery of a certificate solely on the grounds that the such services. this Act. individual does not receive or is not eligible SEC. 202. ESTABLISHMENT OF DEMONSTRATION SEC. 6. PROCEDURES. to receive aid under the State plan for aid to PROGRAM. Not later than 6 months after the date of families with dependent children under part (a) GRANTS.— enactment of this Act, the Secretary shall A of title IV of the Social Security Act. (1) IN GENERAL.—The Secretary of Health establish, by rule, regulation, or order, such (c) LIMITATIONS ON AMOUNT OF EXPENSES and Human Services (hereinafter referred to procedures as may be necessary to carry out INCURRED.—A certificate received under the in this Act as the ‘‘Secretary’’) may make this Act. program established under subsection (a) demonstration grants to any State that sub- may be used to cover an amount of expenses mits an application under this section (in S. 1214 incurred by an individual at a maternity such form and containing such information home that does not exceed an amount equal Be it enacted by the Senate and House of Rep- as the Secretary may require) to reimburse to— the State for amounts expended under an eli- resentatives of the United States of America in (1) $100; multiplied by Congress assembled, gible grant program for maternity care serv- (2) the number of days during which such ices furnished to eligible beneficiaries. SECTION 1. SHORT TITLE. services are provided to the individual at (2) LIMITATIONS.—No grant made under This Act may be cited as the ‘‘Maternity such facility. paragraph (1)— Shelter Act of 1995’’. (d) DEFINITIONS.—For purposes of this sec- (A) shall exceed an amount equal to 50 per- tion: SEC. 2. FINDINGS. cent of the total amount expended by the (1) MATERNITY HOME.—The term ‘‘mater- Congress finds that— State under the demonstration program for nity home’’ means a nonprofit facility li- (1) pregnancy among unmarried teenagers maternity care services furnished to eligible censed or otherwise approved by the State is one of the most difficult and far-reaching beneficiaries; or (including accreditation or other peer review social problems faced by the United States; (B) shall be used for the performance, systems that may be recognized by the (2) in 1988, the most recent year for which counseling, or referral for abortion. State) in which the facility is located to statistics are available, 816,000 unmarried (3) DEFINITIONS.—As used in this sub- serve as a residence for not fewer than 4 teenagers became pregnant, and of such section: pregnant women during pregnancy and for a pregnancies, 44 percent ended in abortion, 12 (A) DEMONSTRATION PROGRAM.—The term limited period after the date on which the percent in miscarriage or still birth, and 44 ‘‘demonstration program’’ means any pro- percent in birth; child carried during the pregnancy is born, gram conducted by a nonprofit private orga- (3) less than 10 percent of unwed teenage as the Secretary may determine, that pro- nization or agency that (as determined by mothers place their children for adoption; vides such pregnant women with appropriate the Secretary) is capable of furnishing in a (4) only half as many unmarried teenagers supportive services, which— single setting maternity care services begin prenatal care in the first trimester of (A) shall include the following services— which— pregnancy as do teenagers who become preg- (i) instruction and counseling regarding fu- (i) shall include the following services— nant after marriage, with the result that un- ture health care for the woman and her (I) instruction and counseling regarding fu- married teenagers are twice as likely to give child; ture health care for the woman and her birth to low-birth-weight babies than their (ii) nutrition counseling; child; married teenage counterparts and the rate of (iii) counseling and education concerning (II) nutrition counseling; infant mortality is twice as high as mothers all aspects of prenatal care, childbirth, and (III) counseling and education concerning giving birth in their twenties; and motherhood; all aspects of prenatal care, childbirth, and (5) Federal policy should assist and encour- (iv) general family counseling, including motherhood; age States to provide pre- and postnatal ma- child and family development counseling; (IV) general family counseling, including ternity care services to pregnant teenagers (v) adoption counseling; child and family development counseling; in order to protect the future health and (vi) employability training, job assistance, (V) adoption counseling; well-being of their newborn children. and counseling; and (VI) employability training, job assistance, (vii) medical care or referral for medical TITLE I—MATERNAL HEALTH and counseling; and care for the woman and her child, includ- (VII) medical care or referral for medical CERTIFICATES PROGRAM ing— care for the woman and her child, includ- SEC. 101. MATERNAL HEALTH CERTIFICATES FOR (I) prenatal, delivery, and post-delivery ing— ELIGIBLE PREGNANT WOMEN. care; (aa) prenatal, delivery, and post-delivery (a) ESTABLISHMENT OF MATERNAL HEALTH (II) screening or referral for screening for care; CERTIFICATES FOR ELIGIBLE PREGNANT illegal drug use and treatment; and (bb) screening or referral for screening for WOMEN.—Not later than 180 days after the (III) screening or referral for screening and illegal drug use and treatment; and date of the enactment of this Act, the Sec- treatment of sexually transmitted diseases; (cc) screening or referral for screening and retary shall establish a program to provide and treatment of sexually transmitted diseases; maternal health certificates for eligible (B) may include the following services— and pregnant women to use to cover expenses in- (i) housing; (ii) may include the following services— curred in receiving services at a maternity (ii) board and nutrition services; (I) housing; home. (iii) basic transportation services to enable (II) board and nutrition services; (b) ELIGIBILITY OF INDIVIDUALS.— the woman to obtain services from the facil- (III) basic transportation services to enable (1) IN GENERAL.—A pregnant woman is eli- ity; the woman to obtain services from the facil- gible to receive a maternal health certificate (iv) incidental dental care; ity; under the program established under sub- (v) referral for job training; and (IV) incidental dental care; section (a) if the woman— (vi) such other services as are consistent (V) referral for job training; and (A) has an annual individual income (deter- with the purposes of this section. (VI) such other services as are consistent mined without taking into account the in- (2) PREGNANT WOMAN.—The term ‘‘pregnant with the purposes of this section. come of any parent or guardian of the indi- woman’’ means a woman determined to have (B) ELIGIBLE BENEFICIARY.—The term ‘‘eli- vidual) not greater than 175 percent of the one or more fetuses in utero. gible beneficiary’’ means any individual income official poverty line (as defined by (e) AUTHORIZATION OF APPROPRIATIONS.— who— the Office of Management and Budget, and There are authorized to be appropriated for (i) is under the age of 19; revised annually in accordance with section maternal health certificates under this sec- (ii) has not completed high school; and 673(2) of the Omnibus Budget Reconciliation tion— (iii)(I) is pregnant; or Act of 1981) applicable to such individual; (1) $50,000,000 for fiscal year 1996; (II) has given birth in the preceding 90 and (2) $75,000,000 for fiscal year 1997; and days. S 12734 CONGRESSIONAL RECORD — SENATE September 6, 1995

(b) ADMINISTRATION.—The officer or em- for each year such maternity housing is in TITLE IV—MISCELLANEOUS PROVISIONS ployee of the Department of Health and operation in excess of such 1-year period, SEC. 401. EVALUATIONS AND REPORTS. Human Services designated by the Secretary (2) EXCEPTION.—A recipient of a grant (a) EVALUATION.—The Secretary of Health to administer the grant program under this under this title shall not be required to com- and Human Services (with respect to titles I section shall report directly to the Assistant ply with the terms and conditions prescribed and II) and the Secretary of Housing and Secretary for Health with respect to the ac- under this subsection if the recipient elects Urban Development (with respect to title III) tivities of such officer or employee in admin- to sell or dispose of the property involved shall conduct an evaluation of each program istering such program. and such sale or disposition results in the receiving a grant under this Act and may re- (c) AUTHORIZATION OF APPROPRIATIONS; use of the project for the direct benefit of quire each recipient of a grant under this AMOUNTS FOR ADMINISTRATION AND EVALUA- very low income individuals or if all of the Act to submit such information to the appro- TION.— proceeds generated from such sale or disposi- priate Secretary as such Secretary deter- (1) AUTHORIZATION OF APPROPRIATIONS.— tion are used to provide maternity housing mines is necessary to conduct such evalua- There are authorized to be appropriated that meets the requirements of this title. tion. $50,000,000 for each of the fiscal years 1996, SEC. 304. REPORTS. (b) REPORT.—Each Secretary referred to in 1997, and 1998 for the purpose of carrying out The Secretary shall require each eligible subsection (a) shall for each year of the the grant program under this section. nonprofit entity that receives a grant under grant program under this Act submit to the (2) ADMINISTRATION AND START UP.—Not this title to submit to the Secretary a re- Congress a summary of each evaluation con- more than 25 percent of the amounts appro- port, at such times and including such infor- ducted under subsection (a) and of the infor- priated pursuant to paragraph (1) may be mation as the Secretary shall determine, de- mation submitted to each such Secretary by used for the purpose of administering or scribing the activities carried out by the eli- recipients of grants under this Act. starting up the grant program under this gible nonprofit entity with the grant (c) FUNDING.—Of the amounts appropriated section. amounts. pursuant to this Act— (d) REGULATIONS.—The Secretary shall SEC. 305. DEFINITIONS. (1) the Secretary of Health and Human adopt such regulations as are necessary to For purposes of this title: Services shall reserve not less than 3 percent carry out this section. (1) ELIGIBLE NONPROFIT ENTITIES.—The nor more than 10 percent of the amount ap- TITLE III—REHABILITATION GRANTS FOR term ‘‘eligible nonprofit entity’’ means any propriated under titles I and II; and MATERNITY HOUSING AND SERVICES organization that— (2) the Secretary of Housing and Urban De- FACILITIES (A) is described in section 501(c)(3) of the velopment shall reserve not less than 3 per- Internal Revenue Code of 1986 that is exempt SEC. 301. ESTABLISHMENT OF GRANT PROGRAM. cent nor more than 10 percent of the amount from taxation under subtitle A of such Code; The Secretary of Housing and Urban Devel- appropriated under title III; and opment shall carry out a program to provide for the purpose of carrying out the activities (B) has submitted an application under sec- assistance under this title to eligible non- under subsections (a) and (b). tion 702(b) for a grant under this title. profit entities for rehabilitation of existing SEC. 402. PROHIBITION ON ABORTION. (2) MATERNITY HOUSING AND SERVICES FA- structures for use as facilities to provide Amounts may be made available under this CILITY.—The term ‘‘maternity housing and Act only to programs or projects that— housing and services to pregnant women. services facility’’ means a facility licensed (1) do not provide for the performance of SEC. 302. AUTHORITY AND APPLICATIONS. or otherwise approved by the State in which abortions or provide abortion counseling or (a) AUTHORITY.—The Secretary may make the facility is located to serve as a residence referral; grants under the program under this title to for not fewer than 4 pregnant women during (2) do not subcontract with or make any eligible nonprofit entities to rehabilitate ex- pregnancy and for a limited period after the payments to any person who provides for the isting structures for use as maternity hous- date on which the child carried during the performance of abortions or provides abor- ing and services facilities. pregnancy is born, as the Secretary may de- tion counseling or referral; and (b) APPLICATIONS.—The Secretary may termine, that provides such pregnant women (3) do not advocate, promote, or encourage make grants only to nonprofit entities that with appropriate supportive services, which abortion; submit applications for grants under this (A) shall include the following services— title in the form and manner that the Sec- (i) instruction and counseling regarding fu- except where the life of the mother would be retary shall prescribe, which shall include ture health care for the woman and her endangered of the fetus were carried to term. assurances that grant amounts will be used child; to provide a maternity housing and services (ii) nutrition counseling; S. 1215 facility. (iii) counseling and education concerning Be it enacted by the Senate and House of Rep- SEC. 303. GRANT LIMITATIONS. all aspects of prenatal care, childbirth, and resentatives of the United States of America in (a) MAXIMUM GRANT AMOUNT.—A grant motherhood; Congress assembled, under this title may not be in an amount (iv) general family counseling, including SECTION 1. SHORT TITLE. greater than $1,000,000. An eligible nonprofit child and family development counseling; This Act may be cited as the ‘‘Neighbor- entity may not receive more than 1 grant (v) adoption counseling; hood Security Act’’. under this title in any fiscal year. (vi) employability training, job assistance, SEC. 2. PURPOSES. (b) MAXIMUM NUMBER OF GRANTS.—The and counseling; and It is the purpose of this Act to provide for Secretary may not make grants under this (vii) medical care or referral for medical the establishment of demonstration projects title to more than 100 eligible nonprofit enti- care for the woman and her child, includ- designed to determine the effectiveness of— ties in any fiscal year. ing— (1) certain activities by community resi- (c) USE OF GRANTS FOR REHABILITATION AC- (I) prenatal, delivery, and post-delivery dents in coordination with the local police TIVITIES.—Any eligible nonprofit entity that care; department in preventing and removing vio- receives a grant under this title shall use the (II) screening or referral for screening for lent crime and drug trafficking from the grant amounts for the acquisition or reha- illegal drug use and treatment; and community; bilitation (or both) of existing structures for (III) screening or referral for screening and (2) such activities in increasing economic use as a maternity housing and services fa- treatment of sexually transmitted diseases; development in the community; and cility, which may include planning and de- and (3) such activities in preventing or ending velopment costs, professional fees, and ad- (B) may include the following services— retaliation by perpetrators of crime against ministrative costs related to such acquisi- (i) housing; community residents engaged in these ac- tion or rehabilitation. (ii) board and nutrition services; tivities. (d) TIME LIMITATION.—Rehabilitation (iii) basic transportation services to enable SEC. 3. DEMONSTRATION GRANT AUTHORITY. projects that receive assistance under this the woman to obtain services from the facil- (a) DEMONSTRATION AUTHORITY.—Not later title shall be operated for not less than 10 ity; than 16 months after the date of enactment years for the purposes described in this title. (iv) incidental dental care; of this Act, the Secretary shall award grants (e) REPAYMENT.— (v) referral for job training; and under this Act. Grants shall be awarded an- (1) REQUIREMENT.—The Secretary shall re- (vi) such other services as are consistent nually under this section and shall be for a quire a recipient of a grant under this title with the purposes of this section. period of 4 years. to repay 100 percent of the amount of such (3) PREGNANT WOMAN.—The term ‘‘pregnant (b) LIMITATION ON GRANT AMOUNTS.—The grant if the Secretary determines that the woman’’ means a woman determined to have amount of each grant awarded under this recipient has failed to use such grant to op- one or more fetuses in utero. Act shall not be less than $25,000 nor more erate maternity housing during the 1-year (4) SECRETARY.—The term ‘‘Secretary’’ than $100,000. period beginning on the date such housing is means the Secretary of Housing and Urban (c) REDUCTION IN AMOUNT.—Amounts pro- placed in service. If the Secretary deter- Development. vided under a grant awarded under this Act mines that such recipient is operating ma- SEC. 306. AUTHORIZATION OF APPROPRIATIONS. for a fiscal year shall be reduced in propor- ternity housing under such grant for periods There are authorized to be appropriated to tion to any reduction in the amounts appro- in excess of such 1-year period, the Secretary carry out this title $25,000,000 for fiscal year priated under this Act for such fiscal year as shall reduce the percentage of the amount 1996, $40,000,000 for fiscal year 1997, and compared to the amounts appropriated for required to be repaid by 10 percentage points $60,000,000 for fiscal year 1998. the prior fiscal year. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12735

(d) UNUSED PORTION OF GRANT FUNDS.—Any SEC. 5. ELIGIBLE ACTIVITIES. (c) COMPLAINTS.—The Secretary shall re- unused portion of a grant awarded under this (a) ACTIVITIES.—Amounts provided under a spond in an expeditious manner to com- section shall, upon the termination of such grant awarded under this Act shall be used plaints of a substantial or serious nature grant, be transferred to the Secretary for re- for the following activities: that an entity has failed to use funds pro- distribution in the subsequent fiscal year or (1) Citizen patrols by car or by foot in- vided under this Act in accordance with the for repayment to the Department of the tended to prevent violent crime and eradi- requirements of this Act. Treasury. cate open market or street sales of con- SEC. 8. REPORTS AND AUDITS. trolled substances. SEC. 4. APPLICATION. (a) REPORTS.—Not later than 3 months (2) Block watch activities, including iden- (a) SUBMISSION.—To be eligible to receive a after the termination of a grant under this tification of property for purposes of retriev- grant under section 3, a qualified entity Act, the grantee shall prepare and submit to ing stolen goods, camera surveillance to shall, not later than 12 months after the date the Secretary a report containing such infor- identify drug traffickers and their cus- of enactment of this Act, submit to the Sec- mation as may be required by the Secretary. retary an application to conduct a dem- tomers, protection of evidence to ensure evi- dence is not lost or destroyed prior to police (b) AUDITS.—The Secretary shall annually onstration project under this Act. audit the expenditures of each grantee under (b) CONTENT.—An application submitted arrival, and computer linkages among orga- this Act from payments received under under subsection (a) shall be in such form nizations and the police to identify hot spots grants awarded under this Act. Such audits and contain such information as the Sec- and speed the dissemination of information. shall be conducted by an entity independent retary shall require, including— (3) Property modification programs, in- (1) an agreement with the local police de- cluding securing buildings and residences to of any agency administering a program fund- partment to coordinate and assist in the pre- prevent burglary, and structural changes, ed under this Act and, in so far as practical, vention and removal of violent crime and such as the construction of fences, to parks in accordance with the Comptroller Gen- drug trafficking from the target community; or buildings to prevent drug sales or other eral’s standards for auditing governmental (2) a plan detailing the nature and extent criminal activity in those areas. organizations, programs, activities, and of coordination and assistance to be provided (4) Squatter eviction programs aimed at functions. by the local police department, project par- notifying public authorities of trespassers in SEC. 9. EVALUATIONS. ticipants, and the applicant; and abandoned buildings used as crack houses or (a) IN GENERAL.—Not later than 16 months (3) a description of the strategy of the com- heroin shooting galleries and increasing ef- after the date of enactment of this Act, the munity for the physical and economic devel- forts to remove such squatters. Secretary shall enter into a contract with an opment of the community. (5) Expansion of community liaisons with independent research organization under (c) CRITERIA.—In considering whether to the police, including expanding the commu- which such organization, in accordance with approve an application submitted under this nity’s role in community policing activities. this section, conducts an evaluation of the section, the Secretary shall consider— (6) Developing and expanding programs to demonstration projects, individually and as (1) the degree to which the project de- prevent or end retaliation by perpetrators of a group, conducted under this Act. scribed in the application will support exist- crime against project participants. (b) RESEARCH QUESTIONS.—In evaluating a ing community economic development ac- (7) Other activities consistent with the demonstration project conducted under this tivities by preventing and removing violent purposes of this Act. Act, the organization described in subsection crime and drug trafficking from the commu- (b) ADDITIONAL ACTIVITIES.—Amounts pro- (a) shall address the following: nity; vided under a grant awarded under this Act (1) What activities and uses most effec- (2) the demonstrated record of project par- may be used for additional activities in sup- tively involve project participants in the ac- ticipants with respect to economic and com- port of the activities described in subsection tivities and uses under this Act (with effec- munity development activities; (a), including— tiveness measured, for example, by duration (3) the ability of the applicant to respon- (1) the purchase of equipment or supplies, of participation, frequency of participation, sibly administer the project; including cameras, video cameras, walkie- and intensity of participation). (4) the ability of the applicant to assist and talkies, and computers; (2) What activities and uses are most effec- coordinate with project participants to (2) the training of project participants; and tive in preventing or removing violent crime achieve economic development and prevent (3) the hiring of staff for grantees or and drug trafficking from a target commu- and remove violent crime and drug traffick- project participant organizations to assist in nity. ing in the community; coordinating activities among project par- (3) What activities and uses are most effec- (5) the adequacy of the plan to assist and ticipants and with the local police depart- tive in supporting or promoting economic coordinate with the local police department ment. development in a target community. in preventing and removing violent crime SEC. 6. LOCAL CONTROL OVER PROJECTS. (4) What activities and uses are most effec- and drug trafficking in the community; Except as provided in regulations promul- tive in increasing coordination and assist- (6) the consistency of the application with gated under the succeeding sentence, each ance between project participants and with the eligible activities and the uses for the organization authorized to conduct a dem- the local police department. grant under this Act; onstration project under this Act shall have (5) What activities and uses are most effec- (7) the aggregate amount of funds from exclusive authority over the administration tive in preventing or ending retaliation by non-Federal (public and private sector) of the project. The Secretary may prescribe perpetrators of crime against project partici- sources that are formally committed to the such regulations with respect to such dem- pants. onstration projects as are expressly author- project; (c) FUNDING.—Of the funds appropriated (8) the adequacy of the plan for providing ized or as are necessary to ensure compliance under this Act, the Secretary shall set aside information relevant to an evaluation of the with approved applications and this Act. not less than 1 percent and not more than 3 project to the independent research organi- SEC. 7. MONITORING OF GRANTEES. percent for the evaluations required under zation; and (a) IN GENERAL.—The Secretary shall mon- this section. (9) such other factors as may be deter- itor grantees to ensure that the projects con- (d) REPORT TO CONGRESS.—Not later than 6 mined appropriate by the Secretary. ducted under the grants are being carried months after the date on which the last (d) PREFERENCES.—In considering an appli- out in accordance with this Act. Each grant- grant under this Act terminates, the Sec- cation submitted under this section, the Sec- ee, and each entity which has received funds retary shall prepare and submit to the appro- retary shall give preference to an applicant from a grant made under this Act, shall priate committees of the Congress a sum- that demonstrates a commitment to work make appropriate books, documents, papers, mary of each evaluation conducted under with project participants and a local police and records available to the Secretary for ex- this section. department in a community with— amination, copying, or mechanical reproduc- (1) an enterprise zone or enterprise commu- tion on or off the premises of the entity upon SEC. 10. AUTHORIZATION OF APPROPRIATIONS. nity designation or an area established pur- a reasonable request therefore. There are authorized to be appropriated to suant to any consolidated planning process (b) WITHHOLDING, TERMINATION OR RECAP- carry out this Act, $10,000,000 for each of the for use of Federal housing and community TURE.—The Secretary shall, after adequate fiscal years 1997, 1998, 1999, and 2000. development funds; notice and an opportunity for a hearing, SEC. 11. DEFINITIONS. (2) significant rates of violent crime and withhold, terminate, or recapture any funds As used in this Act: drug trafficking, as determined by the Sec- due, or provided to and unused by, an entity (1) COMMUNITY.—The term ‘‘community’’ retary; and under a grant awarded under this Act if the means a contiguous geographic area within a (3) at least one non-profit community de- Secretary determines that such entity has large urban district or encompassing a small velopment corporation or similar organiza- not used any such amounts in accordance urban or other nonurban area. tion that is willing to and capable of increas- with the requirements of this Act. The Sec- (2) DRUG TRAFFICKING.—The term ‘‘drug ing economic development. retary shall withhold, terminate, or recap- trafficking’’ means any offense that could be (e) APPROVAL.—Not later than 15 months ture such funds until the Secretary deter- prosecuted under the Controlled Substances after the date of enactment of this Act, the mines that the reason for the withholding, Act (21 U.S.C. 801, et seq.). Secretary shall, on competitive basis, ap- termination, or recapture has been removed (3) ECONOMIC DEVELOPMENT.—The term prove or disapprove of the applications sub- and there is reasonable assurance that it will ‘‘economic development’’ means revitaliza- mitted under this section. not recur. tion and development activities, including S 12736 CONGRESSIONAL RECORD — SENATE September 6, 1995

business, commercial, housing, and employ- (c) EFFECTIVE DATE.—The amendments SECTION 1. SHORT TITLE. ment activities, that benefit a community made by this section shall apply to taxable This Act may be cited as the ‘‘Community and its residents. years beginning after December 31, 1995. Partnership Act’’. (4) GRANTEE.—The term ‘‘grantee’’ means a SEC. 2. GRANT PROGRAM. qualified entity that receives a grant under S. 1217 (a) IN GENERAL.—The Attorney General this Act. Be it enacted by the Senate and House of Rep- and the Secretary of Health and Human (5) PROJECT PARTICIPANT.—The term resentatives of the United States of America in Services shall jointly establish and carry out ‘‘project participant’’ means any individual Congress assembled, a competitive grant program to provide or private-sector group in a community par- funding to States and communities to— SECTION 1. SHORT TITLE. ticipating in any of the activities established (1) establish an information network to en- This Act may be cited as the ‘‘Medical Vol- under a demonstration grant under this Act. hance coordination of matches between— unteer Act’’. (6) QUALIFIED ENTITY.—The term ‘‘qualified (A) churches, synagogues and other com- entity’’ means a non-profit organization de- SEC. 2. TORT CLAIM IMMUNITY. munities of faith, and other community scribed in section 501(c)(3) of the Internal (a) GENERAL RULE.—A health care profes- groups; and Revenue Code of 1986 and exempt from tax- sional who provides a health care service to (B)(i) families receiving aid to families ation under the Internal Revenue Code of a medically underserved person without re- with dependent children under part A of title 1986. ceiving compensation for such health care IV of the Social Security Act (42 U.S.C. 601 (7) SECRETARY.—The term ‘‘Secretary’’ service, shall be regarded, for purposes of et seq.) who voluntarily elect to participate; means the Secretary of Health and Human any medical malpractice claim that may or Services. arise in connection with the provision of (ii) nonviolent criminal offenders who elect (8) VIOLENT CRIME.—The term ‘‘violent such service, as an employee of the Federal to participate, and are directed to such a crime’’ has the same meaning as the term Government for purposes of the Federal tort program through the judicial system; ‘‘crime of violence’’ in title 18 of the United claims provisions in title 28, United States (2) hire staff to coordinate matches, recruit States Code. Code. churches, enhance coordination between the (b) COMPENSATION.—For purposes of sub- public welfare system, judicial system, S. 1216 section (a), a health care professional shall churches, synagogues and other communities Be it enacted by the Senate and House of Rep- be deemed to have provided a health care of faith, and other community groups; and resentatives of the United States of America in service without compensation only if, prior (3) disseminate information, including Congress assembled, to furnishing a health care service, the training, to Government agencies and inter- SECTION 1. SHORT TITLE. health care professional— ested community groups about programs re- This Act may be cited as the ‘‘Compassion (1) agrees to furnish the health care service ceiving funding under this Act. Credit Act’’. without charge to any person, including any (b) FUNDING.— SEC. 2. CREDIT FOR CHARITABLE CONTRIBU- health insurance plan or program under (1) IN GENERAL.—A grant under this section TIONS TO INDIVIDUALS PROVIDING which the recipient is covered; and shall not exceed $1,000,000 in any fiscal year. HOME CARE TO CERTAIN INDIVID- (2) provides the recipient of the health care (2) SOURCES.—There are authorized to be UALS IN NEED. service with adequate notice (as determined appropriated not more than $50,000,000, of (a) IN GENERAL.—Subpart A of part IV of by the Secretary) of the limited liability of which— subchapter A of chapter 1 of the Internal the health care professional with respect to (A) not more than $25,000,000 shall be avail- Revenue Code of 1986 (relating to nonrefund- the service. able from the Violent Crime Reduction Trust able personal credits) is amended by insert- SEC. 3. PREEMPTION. Fund; and ing after section 22 the following new sec- The provisions of this Act shall preempt (B) not more than $25,000,000 shall be avail- tion: any State law to the extent that such law is able from funds appropriated to the Sec- ‘‘SEC. 23. CREDIT FOR HOME CARE FOR NEEDY inconsistent with such provisions. The provi- retary of Health and Human Services for ad- INDIVIDUALS. sions of this Act shall not preempt any State ministrative expenses. ‘‘(a) IN GENERAL.—In the case of an individ- law that provides greater incentives or pro- SEC. 3. INFORMATION CLEARINGHOUSES. ual, there shall be allowed as a credit against tections to a health care professional render- Of the amount made available under sec- the tax imposed by this chapter for a taxable ing a health care service. tion 2(b), not more than a total of $1,000,000 year an amount equal to $500 for each eligi- shall be available to the Attorney General ble individual. SEC. 4. DEFINITIONS. For purposes of this Act: and Secretary of Health and Human Services ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of for each to establish a national information this section— (1) HEALTH CARE PROFESSIONAL.—The term ‘‘health care professional’’ means a person clearinghouse at the Department of Justice ‘‘(1) IN GENERAL.—The term ‘eligible indi- and the Department of Health and Human vidual’ means an individual— who, at the time the person provides a health care service, is licensed or certified Services, respectively, to provide informa- ‘‘(A) who is a member of a class of individ- tion and networking to assist States in es- uals described in paragraph (2), and by the appropriate authorities for practice in a State to furnish health care services. tablishing and carrying out programs under ‘‘(B) to whom the taxpayer provides quali- section 2. fied home care services which are required (2) HEALTH CARE SERVICE.—The term by the individual by reason of being a mem- ‘‘health care service’’ means any medical as- f ber of such a class. sistance to the extent it is included in the ADDITIONAL COSPONSORS ‘‘(2) NEEDY INDIVIDUALS.—The classes of in- plan submitted under title XIX of the Social dividuals described in this paragraph are as Security Act for the State in which the serv- S. 391 ice was provided. follows: At the request of Mr. CRAIG, the (3) MEDICALLY UNDERSERVED PERSON.—The ‘‘(A) Unmarried pregnant women. name of the Senator from Wyoming ‘‘(B) Hospice care patients, including AIDS term ‘‘medically underserved person’’ means [Mr. THOMAS] was added as a cosponsor patients and cancer patients. a person who resides in— ‘‘(C) Homeless individuals. (A) a medically underserved area as de- of S. 391, a bill to authorize and direct ‘‘(D) Battered women and battered women fined for purposes of determining a medi- the Secretaries of the Interior and Ag- with children. cally underserved population under section riculture to undertake activities to ‘‘(3) QUALIFIED HOME CARE SERVICES.—The 330 of the Public Health Service Act (42 halt and reverse the decline in forest term ‘qualified home care services’ means U.S.C. 254c); or health on Federal lands, and for other those services which the taxpayer is certified (B) a health professional shortage area as purposes. as being qualified to provide to an eligible defined in section 332 of such Act (42 U.S.C. S. 771 individual by an organization— 254e); ‘‘(A) which is described in section 501(c)(3) and who receives care in a health care facil- At the request of Mr. PRYOR, the and exempt from tax under section 501(a), ity substantially comparable to any of those name of the Senator from Vermont and designated in the Federally Supported [Mr. LEAHY] was added as a cosponsor ‘‘(B) the predominant activity of which is Health Centers Assistance Act (42 U.S.C. 233 of S. 771, a bill to provide that certain providing care to one or more classes of eli- et seq.), as shall be determined in regula- Federal property shall be made avail- gible individuals.’’ tions promulgated by the Secretary. able to States for State use before (b) CLERICAL AMENDMENT.—The table of (4) SECRETARY.—The term ‘‘Secretary’’ being made available to other entities, sections for subpart A of part IV of sub- means the Secretary of the Department of chapter A of chapter 1 of the Internal Reve- Health and Human Services. and for other purposes. nue Code of 1986 is amended by inserting S. 856 after the item relating to section 22 the fol- S. 1218 At the request of Mr. JEFFORDS, the lowing new item: Be it enacted by the Senate and House of Rep- name of the Senator from Illinois [Ms. ‘‘Sec. 23. Credit for home care for needy indi- resentatives of the United States of America in MOSELEY-BRAUN] was added as a co- viduals.’’ Congress assembled, sponsor of S. 856, a bill to amend the September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12737 National Foundation on the Arts and AMENDMENTS SUBMITTED retary of Defense shall submit a report to the Humanities Act of 1965, the Mu- the congressional defense committees set- seum Services Act, and the Arts and ting forth changes in legislation that would Artifacts Indemnity Act to improve THE NATIONAL DEFENSE AUTHOR- be required to facilitate the use of leases by IZATION ACT FOR FISCAL YEAR the Department of Defense in the acquisition and extend the Acts, and for other pur- of equipment. poses. 1996 (c) PILOT PROGRAM.—The Secretary of the S. 963 Army may conduct a pilot program for leas- ing of commercial utility cargo vehicles as At the request of Mr. BAUCUS, the WARNER (AND OTHERS) follows: name of Senator from New Mexico [Mr. AMENDMENT NO. 2461 (1) Existing commercial utility cargo vehi- BINGAMAN] was added as a cosponsor of cles may be traded-in for credit against new Mr. WARNER (for himself, Mr. EXON, S. 963, a bill to amend the medicare replacement commercial utility cargo vehi- Mr. THURMOND, Mr. KEMPTHORNE, Mr. program under title XVIII of the Social cle least costs; CRAIG, Mr. COHEN, Ms. SNOWE, Mr. (2) Quantities of commercial utility cargo Security Act to improve rural services, SMITH, Mr. GREGG, and Mr. ROBB) pro- vehicles to be traded in and their value to be and for other purposes. posed an amendment to the bill (S. credited shall be subject to negotiation be- S. 984 1026) to authorize appropriations for tween the parties; (3) New commercial utility cargo vehicle At the request of Mr. GRASSLEY, the fiscal year 1996 for military activities lease agreements may be executed with or name of the Senator from Oklahoma of the Department of Defense, for mili- without options to purchase at the end of [Mr. INHOFE] was added as a cosponsor tary construction, and for defense ac- each lease period; of S. 984, a bill to protect the fun- tivities of the Department of Energy, (4) New commercial utility cargo vehicle damental right of a parent to direct to prescribe personnel strengths for lease periods may not exceed five years; such fiscal year for the Armed Forces, (5) Such leasing pilot program shall consist the upbringing of a child, and for other of replacing no more than forty percent of purposes. and for other purposes; and follows: the validated requirement for commercial S. 1030 On page 570, between lines 10 and 11, insert utility cargo vehicles, but may include an the following: option or options for the remaining validated At the request of Mr. REID, the name SEC. 3168. SENSE OF SENATE ON NEGOTIATIONS requirement which may be executed subject of the Senator from Illinois [Mr. REGARDING SHIPMENTS OF SPENT to the requirements of subsection (c)(8); SIMON] was added as a cosponsor of S. NUCLEAR FUEL FROM NAVAL REAC- (6) The Army shall enter into such pilot 1030, a bill entitled the ‘‘Federal Prohi- TORS. program only if the Secretary: bition of Female Genital Mutilation (a) SENSE OF THE SENATE.—It is the sense (A) awards such program in accordance of the Senate that the Secretary of Defense, Act of 1995. with the provisions of section 2304 of title 10, the Secretary of Energy, and the Governor of United States Code. S. 1083 the State of Idaho should continue good (B) has notified the congressional defense At the request of Mr. THOMAS, the faith negotiations for the purpose of reach- committees of his plans to execute the pilot name of the Senator from Colorado ing an agreement on the issue of shipments program; of spent nuclear fuel from naval reactors. (C) has provided a report detailing the ex- [Mr. BROWN] was added as a cosponsor (b) REPORT.—(1) Not later than September pected savings in operating and support of S. 1083, a bill to direct the President 15, 1995, the Secretary of Defense shall sub- costs from retiring older commercial utility to withhold extension of the WTO mit to the Committee on Armed Services of cargo vehicles compared to the expected Agreement to any country that is not the Senate and the Committee on National costs of leasing newer commercial utility complying with its obligations under Security of the House of Representatives a cargo vehicles; and the New York Convention, and for written report on the status or outcome of (D) has allowed 30 calendar days to elapse other purposes. the negotiations urged under subsection (a). after such notification. (2) The report shall include the following (8) One year after the date of execution of S. 1117 matters: an initial leasing contract, the Secretary of At the request of Mr. DASCHLE, the (A) If an agreement is reached, the terms the Army shall submit a report setting forth name of the Senator from California of the agreement, including the dates on the status of the pilot program. Such report which shipments of spent nuclear fuel from shall be based upon at least six months of op- [Mrs. BOXER] was added as a cosponsor naval reactors will resume. erating experience. The Secretary may exer- of S. 1117, a bill to repeal AFDC and es- (B) If an agreement is not reached— cise an option or options for subsequent com- tablish the Work First Plan, and for (i) the Secretary’s evaluation of the issues mercial utility cargo vehicles only after he other purposes. remaining to be resolved before an agree- has allowed 60 calendar days to elapse after ment can be reached; submitting this report. S. 1159 (ii) the likelihood that an agreement will (9) EXPIRATION OF AUTHORITY.—No lease of At the request of Mr. INOUYE, the be reached before October 1, 1995; and commercial utility cargo vehicles may be en- names of the Senator from North Da- (iii) the steps that must be taken regarding tered into under the pilot program after Sep- kota [Mr. DORGAN] and the Senator the shipment of spent nuclear fuel from tember 30, 2000. from Kansas [Mrs. KASSEBAUM] were naval reactors to ensure that the navy can added as cosponsors of S. 1159, a bill to meet the national security requirements of KYL AMENDMENT NO. 2463 the United States. establish an American Indian Policy Mr. WARNER (for Mr. KYL) proposed Information Center, and for other pur- an amendment to the bill S. 1026, LEVIN AMENDMENT NO. 2462 poses. supra; as follows: At the request of Mr. INOUYE, the Mr. NUNN (for Mr. LEVIN) proposed At the appropriate place in the bill, insert name of the Senator from North Da- an amendment to the bill S. 1026, the following: kota [Mr. CONRAD] was withdrawn as a supra; as follows: SEC. . LIMITATION ON USE OF FUNDS FOR CO- cosponsor of S. 1159, supra. At the appropriate point in the bill, insert OPERATIVE THREAT REDUCTION. the following: (a) LIMITATION.—Of the funds appropriated AMENDMENT NO. 2452 SEC. . ENCOURAGEMENT OF USE OF LEASING or otherwise made available for fiscal year At the request of Mr. PRYOR the AUTHORITY. 1996 under the heading ‘‘FORMER SOVIET names of the Senator from Georgia (a) IN GENERAL.—(1) Chapter 137 of title 10, UNION THREAT REDUCTION’’ for dismantle- ment and destruction of chemical weapons, [Mr. NUNN] and the Senator from New United States Code, is amended by inserting after section 2316 the following new section: not more than $52,000,000 may be obligated or Mexico [Mr. BINGAMAN] were added as expended for that purpose until the Presi- ‘‘SEC. 2317. EQUIPMENT LEASING. cosponsors of amendment No. 2452 pro- dent certifies to Congress the following: ‘‘The Secretary of Defense is authorized to posed to S. 1026, an original bill to au- (1) That the United States and Russia have use leasing in the acquisition of commercial thorize appropriations for fiscal year completed a joint laboratory study evaluat- vehicles when such leasing is practicable and ing the proposal of Russia to neutralize its 1996 for military activities of the De- efficient.’’ chemical weapons and the United States partment of Defense, for military con- (2) The table of sections at the beginning of struction, and for defense activities of agrees with the proposal. such chapter is amended by adding at the (2) That Russia is in the process of prepar- the Department of Energy, to prescribe end the following new item: ing, with the assistance of the United States personnel strengths for such fiscal year ‘‘2317. Equipment Leasing.’’ (if necessary), a comprehensive plan to man- for the Armed Forces, and for other (b) REPORT.—Not later than 90 days after age the dismantlement and destruction of purposes. the date of enactment of this Act, the Sec- the Russia chemical weapons stockpile. S 12738 CONGRESSIONAL RECORD — SENATE September 6, 1995

(3) That the United States and Russia are (b) SUBTITLE E OF TITLE 10.—Subtitle E of and inserting in lieu thereof ‘‘Retired Re- committed to resolving outstanding issues title 10, United States Code, is amended as serve’’. under the 1989 Wyoming Memorandum of Un- follows: (18) The heading of section 12401 is amend- derstanding and the 1990 Bilateral Destruc- (1) The tables of chapters preceding part I ed by striking out the seventh word. tion Agreement. and at the beginning of part IV are amended (19) Section 12407(b) is amended— (b) DEFINITIONS.—In this section: by striking out ‘‘Repayments’’ in the item (A) by striking out ‘‘of those jurisdictions’’ (1) The term ‘‘1989 Wyoming Memorandum relating to chapter 1609 and inserting in lieu and inserting in lieu thereof ‘‘State’’; and of Understanding’’ means the Memorandum thereof ‘‘Repayment Programs’’. (B) by striking out ‘‘jurisdictions’’ and in- of Understanding between the Government of (2)(A) The heading for section 10103 is serting in lieu thereof ‘‘States’’ the United States of America and the Gov- amended to read as follows: (20) Section 12731(f) is amended by striking ernment of the Union of Soviet Socialist Re- ‘‘§ 10103. Basic policy for order into Federal out ‘‘the date of the enactment of this sub- publics Regarding a Bilateral Verification service’’. section’’ and inserting in lieu thereof ‘‘Octo- Experiment and Data Exchange Related to (B) The item relating to section 10103 in ber 5, 1994,’’. Prohibition on Chemical Weapons, signed at (21) Section 12731a(c)(3) is amended by in- Jackson Hole, Wyoming, on September 23, the table of sections at the beginning of chapter 1003 is amended to read as follows: serting a comma after ‘‘Defense Conversion’’. 1989. (22) Section 14003 is amended by inserting (2) The term ‘‘1990 Bilateral Destruction ‘‘10103. Basic policy for order into Federal ‘‘lists’’ in the section heading immediately Agreement’’ means the Agreement between service.’’. before the colon. the United States of America and the Union (3) The table of sections at the beginning of (23) The table of sections at the beginning of Soviet Socialist Republics on destruction chapter 1005 is amended by striking out the of chapter 1403 is amended by striking out and non-production of chemical weapons and third word in the item relating to section ‘‘selection board’’ in the item relating to sec- on measures to facilitate the multilateral 10142. tion 14105 and inserting in lieu thereof ‘‘pro- convention on banning chemical weapons (4) The table of sections at the beginning of motion board’’. signed on June 1, 1990. chapter 1007 is amended— (24) The table of sections at the beginning (A) by striking out the third word in the of chapter 1405 is amended— THURMOND (AND NUNN) item relating to section 10205; and (A) in the item relating to section 14307, by AMENDMENT NO. 2464 (B) by capitalizing the initial letter of the striking out ‘‘Numbers’’ and inserting in lieu sixth word in the item relating to section Mr. WARNER (for Mr. THURMOND, for thereof ‘‘Number’’; 10211. (B) in the item relating to section 14309, by himself and Mr. NUNN) proposed an (5) The table of sections at the beginning of striking out the colon and inserting in lieu amendment to the bill S. 1026, supra; as chapter 1011 is amended by inserting ‘‘Sec.’’ thereof a semicolon; and follows: at the top of the column of section numbers. (C) in the item relating to section 14314, by On page 403, between lines 16 and 17, insert (6) Section 10507 is amended— capitalizing the initial letter of the ante- the following: (A) by striking out ‘‘section 124402(b)’’ and penultimate word. TITLE XI—TECHNICAL AND CLERICAL inserting in lieu thereof ‘‘section 12402(b)’’; (25) Section 14315(a) is amended by striking AMENDMENTS and out ‘‘a Reserve officer’’ and inserting in lieu (B) by striking out ‘‘Air Forces’’ and in- SEC. 1101. AMENDMENTS RELATED TO RESERVE thereof ‘‘a reserve officer’’. OFFICER PERSONNEL MANAGEMENT serting in lieu thereof ‘‘Air Force’’. (26) 14317(e) is amended— ACT. (7)(A) Section 10508 is repealed. (A) by inserting ‘‘OFFICERS ORDERED TO AC- (a) PUBLIC LAW 103–337.—The Reserve Offi- (B) The table of sections at the beginning TIVE DUTY IN TIME OF WAR OR NATIONAL cer Personnel Management Act (title XVI of of chapter 1011 is amended by striking out EMERGENCY.—’’ after ‘‘(e)’’; and the National Defense Authorization Act for the item relating to section 10508. (B) by striking out ‘‘section 10213 or 644’’ Fiscal Year 1995 (Public Law 103–337)) is (8) Section 10542 is amended by striking and inserting in lieu thereof ‘‘section 123 or amended as follows: out subsection (d). 10213’’. (1) Section 1624 (108 Stat. 2961) is amend- (9) Section 12004(a) is amended by striking (27) The table of sections at the beginning ed— out ‘‘active-status’’ and inserting in lieu of chapter 1407 is amended— (A) by striking out ‘‘641’’ and all that fol- thereof ‘‘active status’’. (A) in the item relating to section 14506, by lows through ‘‘(2)’’ and inserting in lieu (10) Section 12012 is amended by inserting inserting ‘‘reserve’’ after ‘‘Marine Corps thereof ‘‘620 is amended’’; and ‘‘the’’ in the section heading before the pe- and’’; and (B) by redesignating as subsection (d) the nultimate word. (B) in the item relating to section 14507, by subsection added by the amendment made by (11)(A) The heading for section 12201 is inserting ‘‘reserve’’ after ‘‘Removal from that section. amended to read as follows: the’’; and (2) Section 1625 (108 Stat. 2962) is amended ‘‘§ 12201. Reserve officers: qualifications for (C) in the item relating to section 14509, by by striking out ‘‘Section 689’’ and inserting appointment’’. inserting ‘‘in grades’’ after ‘‘reserve offi- in lieu thereof ‘‘Section 12320’’. (B) The item relating to section 12201 in cers’’. (3) Section 1626(1) (108 Stat. 2962) is amend- the table of sections at the beginning of (28) Section 14501(a) is amended by insert- ed by striking out ‘‘(W–5)’’ in the second chapter 1205 is amended to read as follows: ing ‘‘OFFICERS BELOW THE GRADE OF COLONEL quoted matter therein and inserting in lieu OR NAVY CAPTAIN.—’’ after ‘‘(a)’’. thereof ‘‘, W–5,’’. ‘‘12201. Reserve officers: qualifications for (29) The heading for section 14506 is amend- (4) Section 1627 (108 Stat. 2962) is amended appointment.’’. ed by inserting a comma after ‘‘Air Force’’. by striking out ‘‘Section 1005(b)’’ and insert- (12) The heading for section 12209 is amend- (30) Section 14508 is amended by striking ing in lieu thereof ‘‘Section 12645(b)’’. ed to read as follows: out ‘‘this’’ after ‘‘from an active status (5) Section 1631 (108 Stat. 2964) is amend- ‘‘§ 12209. Officer candidates: enlisted Re- under’’ in subsections (c) and (d). ed— serves’’. (31) Section 14515 is amended by striking (A) in subsection (a), by striking out ‘‘Sec- out ‘‘inactive status’’ and inserting in lieu (13) The heading for section 12210 is amend- tion 510’’ and inserting in lieu thereof ‘‘Sec- thereof ‘‘inactive-status’’. ed to read as follows: tion 12102’’; and (32) Section 14903(b) is amended by striking (B) in subsection (b), by striking out ‘‘Sec- ‘‘§ 12210. Attending Physician to the Con- out ‘‘chapter’’ and inserting in lieu thereof tion 591’’ and inserting in lieu thereof ‘‘Sec- gress: reserve grade while so serving’’. ‘‘title’’. tion 12201’’. (14) Section 12213(a) is amended by striking (33) The table of sections at the beginning (6) Section 1632 (108 Stat. 2965) is amended out ‘‘section 593’’ and inserting in lieu there- of chapter 1606 is amended in the item relat- by striking out ‘‘Section 593(a)’’ and insert- of ‘‘section 12203’’. ing to section 16133 by striking out ‘‘limita- ing in lieu thereof ‘‘Section 12203(a)’’. (15) The table of sections at the beginning tions’’ and inserting in lieu thereof ‘‘limita- (7) Section 1635(a) (108 Stat. 2968) is amend- of chapter 1207 is amended by striking out tion’’. ed by striking out ‘‘section 1291’’ and insert- ‘‘promotions’’ in the item relating to section (34) Section 16132(c) is amended by striking ing in lieu thereof ‘‘section 1691(b)’’. 12243 and inserting in lieu thereof ‘‘pro- out ‘‘section’’ and inserting in lieu thereof (8) Section 1671 (108 Stat. 3013) is amend- motion’’. ‘‘sections’’. ed— (16) The table of sections at the beginning (35) Section 16135(b)(1)(A) is amended by (A) in subsection (b)(3), by striking out of chapter 1209 is amended— striking out ‘‘section 2131(a)’’ and inserting ‘‘512, and 517’’ and inserting in lieu thereof (A) in the item relating to section 12304, by in lieu thereof ‘‘sections 16131(a)’’. ‘‘and 512’’; and striking out the colon and inserting in lieu (36) Section 18236(b)(1) is amended by strik- (B) in subsection (c)(2), by striking out the thereof a semicolon; and ing out ‘‘section 2233(e)’’ and inserting in comma after ‘‘861’’ in the first quoted matter (B) in the item relating to section 12308, by lieu thereof ‘‘section 18233(e)’’. therein. striking out the second, third, and fourth (37) Section 18237 is amended— (9) Section 1684(b) (108 Stat. 3024) is amend- words. (A) in subsection (a), by striking out ‘‘sec- ed by striking out ‘‘section 14110(d)’’ and in- (17) Section 12307 is amended by striking tion 2233(a)(1)’’ and inserting in lieu thereof serting in lieu thereof ‘‘section 14111(c)’’. out ‘‘Ready Reserve’’ in the second sentence ‘‘section 18233(a)(1)’’; and September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12739 (B) in subsection (b), by striking out ‘‘sec- (19) Section 1482(f)(2) is amended by insert- (iv) in subsection (g), by striking out ‘‘sec- tion 2233(a)’’ and inserting in lieu thereof ing ‘‘section’’ before ‘‘12731 of this title’’. tion 1331a’’ and inserting in lieu thereof ‘‘section 18233(a)’’. (20) The table of sections at the beginning ‘‘section 12731a’’; and (c) OTHER PROVISIONS OF TITLE 10.—Effec- of chapter 533 is amended by striking out the (C) in section 4418— tive as of December 1, 1994 (except as other- item relating to section 5454. (i) in subsection (a), by striking out ‘‘sec- wise expressly provided), and as if included (21) Section 2006(b)(1) is amended by strik- tion 1332’’ and inserting in lieu thereof ‘‘sec- as amendments made by the Reserve Officer ing out ‘‘chapter 106 of this title’’ and insert- tion 12732’’; and Personnel Management Act (title XVI of ing in lieu thereof ‘‘chapter 1606 of this (ii) in subsection (b)(1)(A), by striking out Public Law 103–360) as originally enacted, title’’. ‘‘section 1333’’ and inserting in lieu thereof title 10, United States Code, is amended as (22) Section 2121(c) is amended by striking ‘‘section 12733’’. follows: out ‘‘section 3353, 5600, or 8353’’ and inserting (4) Title 37, United States Code, is amend- (1) Section 101(d)(6)(B)(i) is amended by in lieu thereof ‘‘section 12207’’, effective on ed— striking out ‘‘section 175’’ and inserting in the effective date specified in section (A) in section 302f(b), by striking out ‘‘sec- lieu thereof ‘‘section 10301’’. 1691(b)(1) of Public Law 103–337. tion 673c of title 10’’ in paragraphs (2) and (2) Section 114(b) is amended by striking (23) Section 2130a(b)(3) is amended by strik- (3)(A) and inserting in lieu thereof ‘‘section out ‘‘chapter 133’’ and inserting in lieu there- ing out ‘‘section 591’’ and inserting in lieu 12305 of title 10’’; and of ‘‘chapter 1803’’. thereof ‘‘section 12201’’. (B) in section 433(a), by striking out ‘‘sec- (3) Section 115(d) is amended— (24) The table of sections at the beginning tion 687 of title 10’’ and inserting in lieu (A) in paragraph (1), by striking out ‘‘sec- of chapter 337 is amended by striking out the thereof ‘‘section 12319 of title 10’’. tion 673’’ and inserting in lieu thereof ‘‘sec- items relating to section 3351 and 3352. (e) CROSS REFERENCES IN OTHER LAWS.— tion 12302’’; (25) Sections 3850, 6389(c), 6391(c), and 8850 (1) Title 14, United States Code, is amend- (B) in paragraph (2), by striking out ‘‘sec- are amended by striking out ‘‘section 1332’’ ed— tion 673b’’ and inserting in lieu thereof ‘‘sec- and inserting in lieu thereof ‘‘section 12732’’. (A) in section 705(f), by striking out ‘‘600 of tion 12304’’; and (26) Section 5600 is repealed, effective on title 10’’ and inserting in lieu thereof ‘‘12209 (C) in paragraph (3), by striking out ‘‘sec- the effective date specified in section of title 10’’; and tion 3500 or 8500’’ and inserting in lieu there- 1691(b)(1) of Public Law 103–337. (B) in section 741(c), by striking out ‘‘sec- of ‘‘section 12406’’. (27) Section 5892 is amended by striking tion 1006 of title 10’’ and inserting in lieu (4) Section 123(a) is amended— out ‘‘section 5457 or section 5458’’ and insert- thereof ‘‘section 12646 of title 10’’. (A) by striking out ‘‘281, 592, 1002, 1005, 1006, ing in lieu thereof ‘‘section 12004 or section (2) Title 38, United States Code, is amend- 1007, 1374, 3217, 3218, 3219, 3220,’’, ‘‘5414, 5457, 12005’’. ed— 5458,’’, and ‘‘8217, 8218, 8219,’’; and (28) Section 6410(a) is amended by striking (A) in section 3011(d)(3), by striking out (B) by striking out ‘‘and 8855’’ and insert- out ‘‘section 1005’’ and inserting in lieu ‘‘section 672, 673, 673b, 674, or 675 of title 10’’ ing in lieu thereof ‘‘8855, 10214, 12003, 12004, thereof ‘‘section 12645’’. and inserting in lieu thereof ‘‘section 12301, 12005, 12007, 12202, 12213, 12642, 12645, 12646, (29) The table of sections at the beginning 12647, 12771, 12772, and 12773’’. 12302, 12304, 12306, or 12307 of title 10’’; of chapter 837 is amended by striking out the (5) Section 582(1) is amended by striking (B) in sections 3012(b)(1)(B)(iii) and items relating to section 8351 and 8352. out ‘‘section 672(d)’’ in subparagraph (B) and 3701(b)(5)(B), by striking out ‘‘section 268(b) (30) Section 8360(b) is amended by striking ‘‘section 673b’’ in subparagraph (D) and in- of title 10’’ and inserting in lieu thereof ‘‘sec- serting in lieu thereof ‘‘section 12301(d)’’ and out ‘‘section 1002’’ and inserting in lieu tion 10143(a) of title 10’’; ‘‘section 12304’’, respectively. thereof ‘‘section 12642’’. (C) in section 3501(a)(3)(C), by striking out (6) Section 641(1)(B) is amended by striking (31) Section 8380 is amended by striking ‘‘section 511(d) of title 10’’ and inserting in out ‘‘10501’’ and inserting in lieu thereof out ‘‘section 524’’ in subsections (a) and (b) lieu thereof ‘‘section 12103(d) of title 10’’; and ‘‘10502, 10505, 10506(a), 10506(b), 10507’’. and inserting in lieu thereof ‘‘section 12011’’. (D) in section 4211(4)(C), by striking out (7) The table of sections at the beginning of (32) Sections 8819(a), 8846(a), and 8846(b) are ‘‘section 672(a), (d), or (g), 673, or 673b of title chapter 39 is amended by striking out the amended by striking out ‘‘section 1005 and 10’’ and inserting in lieu thereof ‘‘section items relating to sections 687 and 690. 1006’’ and inserting in lieu thereof ‘‘sections 12301(a), (d), or (g), 12302, or 12304 of title 10’’. (8) Sections 1053(a)(1), 1064, and 1065(a) are 12645 and 12646’’. (3) Section 702(a)(1) of the Soldiers’ and amended by striking out ‘‘chapter 67’’ and (33) Section 8819 is amended by striking Sailors’ Civil Relief Act of 1940 ( 50 U.S.C. inserting in lieu thereof ‘‘chapter 1223’’. out ‘‘section 1005’’ and ‘‘section 1006’’ and in- App. 592(a)(1)) is amended— (9) Section 1063(a)(1) is amended by strik- serting in lieu thereof ‘‘section 12645’’ and (A) by striking out ‘‘section 672 (a) or (g), ing out ‘‘section 1332(a)(2)’’ and inserting in ‘‘section 12646’’, respectively. 673, 673b, 674, 675, or 688 of title 10’’ and in- lieu thereof ‘‘section 12732(a)(2)’’. (d) CROSS REFERENCES IN OTHER DEFENSE serting in lieu thereof ‘‘section 688, 12301(a), (10) Section 1074b(b)(2) is amended by strik- LAWS.— 12301(g), 12302, 12304, 12306, or 12307 of title ing out ‘‘section 673c’’ and inserting in lieu (1) Section 337(b) of the National Defense 10’’; and thereof ‘‘section 12305’’. Authorization Act for Fiscal Year 1995 (Pub- (B) by striking out ‘‘section 672(d) of such (11) Section 1076(b)(2)(A) is amended by lic Law 103–337; 108 Stat. 2717) is amended by title’’ and inserting in lieu thereof ‘‘section striking out ‘‘before the effective date of the inserting before the period at the end the fol- 12301(d) of such title’’. Reserve Officer Personnel Management Act’’ lowing: ‘‘or who after November 30, 1994, (4) Section 463A of the Higher Education and inserting in lieu thereof ‘‘before Decem- transferred to the Retired Reserve under sec- Act of 1965 (20 U.S.C. 1087cc–1) is amended in ber 1, 1994’’. tion 10154(2) of title 10, United States Code, subsection (a)(10) by striking out ‘‘(10 U.S.C. (12) Section 1176(b) is amended by striking without having completed the years of serv- 2172)’’ and inserting in lieu thereof ‘‘(10 out ‘‘section 1332’’ in the matter preceding ice required under section 12731(a)(2) of such U.S.C. 16302)’’. paragraph (1) and in paragraph (2) and insert- title for eligibility for retired pay under (5) Section 179 of the National and Commu- ing in lieu thereof ‘‘section 12732’’. chapter 1223 of such title’’. nity Service Act of 1990 (42 U.S.C. 12639) is (13) Section 1208(b) is amended by striking (2) Section 525 of the National Defense Au- amended in subsection (a)(2)(C) by striking out ‘‘section 1333’’ and inserting in lieu thorization Act for Fiscal Years 1992 and 1993 out ‘‘section 216(a) of title 5’’ and inserting thereof ‘‘section 12733’’. (P.L. 102–190, 105 Stat. 1363) is amended by in lieu thereof ‘‘section 10101 of title 10’’. (14) Section 1209 is amended by striking striking out ‘‘section 690’’ and inserting in (f) EFFECTIVE DATES.— out ‘‘section 1332’’, ‘‘section 1335’’, and lieu thereof ‘‘section 12321’’. (1) Section 1636 of the Reserve Officer Per- ‘‘chapter 71’’ and inserting in lieu thereof (3) Subtitle B of title XLIV of the National sonnel Management Act shall take effect on ‘‘section 12732’’, ‘‘section 12735’’, and ‘‘section Defense Authorization Act for Fiscal Year the date of the enactment of this Act. 12739’’, respectively. 1993 (P.L. 102–484; 10 U.S.C. 12681 note) is (2) The amendments made by sections (15) Section 1407 is amended— amended— 1672(a), 1673(a) (with respect to chapters 541 (A) in subsection (c)(1) and (d)(1), by strik- (A) in section 4415, by striking out ‘‘section and 549), 1673(b)(2), 1673(b)(4), 1674(a), and ing out ‘‘section 1331’’ and inserting in lieu 1331a’’ and inserting in lieu thereof ‘‘section 1674(b)(7) shall take effect on the effective thereof ‘‘section 12731’’; and 12731a’’; date specified in section 1691(b)(1) of the Re- (B) in the heading for paragraph (1) of sub- (B) in subsection 4416— serve Officer Personnel Management Act section (d), by striking out ‘‘CHAPTER 67’’ and (i) in subsection (a), by striking out ‘‘sec- (notwithstanding section 1691(a) of such inserting in lieu thereof ‘‘CHAPTER 1223’’. tion 1331’’ and inserting in lieu thereof ‘‘sec- Act). (16) Section 1408(a)(5) is amended by strik- tion 12731’’; (3) The amendments made by this section ing out ‘‘section 1331’’ and inserting in lieu (ii) in subsection (b)— shall take effect as if included in the Reserve thereof ‘‘section 12731’’ (I) by inserting ‘‘or section 12732’’ in para- Officer Personnel Management Act as en- (17) Section 1431(a)(1) is amended by strik- graph (1) after ‘‘under that section’’; and acted on October 5, 1994. ing out ‘‘section 1376(a)’’ and inserting in (II) by inserting ‘‘or 12731(a)’’ in paragraph SEC. 1102. AMENDMENTS RELATED TO FEDERAL lieu thereof ‘‘section 12774(a)’’. (2) after ‘‘section 1331(a)’’; ACQUISITION STREAMLINING ACT (18) Section 1463(a)(2) is amended by strik- (iii) in subsection (e)(2), by striking out OF 1994. ing out ‘‘chapter 67’’ and inserting in lieu ‘‘section 1332’’ and inserting in lieu thereof (a) PUBLIC LAW 103–355.—Effective as of Oc- thereof ‘‘chapter 1223’’. ‘‘section 12732’’; and tober 13, 1994, and as if included therein as S 12740 CONGRESSIONAL RECORD — SENATE September 6, 1995 enacted, the Federal Acquisition Streamlin- (C) in subsection (b), by inserting ‘‘(1)’’ (B) in subsection (c), by striking ‘‘report- ing Act of 1994 (Public Law 103–355; 108 Stat. after ‘‘AMOUNT.—’’; and ing’’ and inserting in lieu thereof ‘‘docu- 3243 et seq.) is amended as follows: (D) in subsection (i)(3), by adding at the mentation’’. (1) Section 1202(a) (108 Stat. 3274) is amend- end a subparagraph (D) identical to the sub- (20) Section 2533(a) is amended by striking ed by striking out the closing quotation paragraph (D) set forth in the amendment out ‘‘title III of the Act’’ and all that follows marks and second period at the end of para- made by section 811(e) of Public Law 103–160 through ‘‘such Act’’ and inserting in lieu graph (2)(B) of the subsection inserted by the (107 Stat. 1702). thereof ‘‘the Buy American Act (41 U.S.C. amendment made by that section. (8) Section 2324 is amended— 10a)) whether application of such Act’’. (2) Section 1251(b) (108 Stat. 3284) is amend- (A) in subsection (e)(2)(C)— (21) Section 2662(b) is amended by striking ed by striking out ‘‘Office of Federal Pro- (i) by striking out ‘‘awarding the contract’’ out ‘‘small purchase threshold’’ and insert- curement Policy Act’’ and inserting in lieu at the end of the first sentence; and ing in lieu thereof ‘‘simplified acquisition thereof ‘‘Federal Property and Administra- (ii) by striking out ‘‘title III’’ and all that threshold’’. tive Services Act of 1949’’. follows through ‘‘Act)’’ and inserting in lieu (22) Section 2701(i)(1) is amended— (3) Section 2051(e) (108 Stat. 3304) is amend- thereof ‘‘the Buy American Act (41 U.S.C. (A) by striking out ‘‘Act of August 24, 1935 ed by striking out the closing quotation 10b–1)’’; and (40 U.S.C. 270a–270d), commonly referred to marks and second period at the end of sub- (B) in subsection (h)(2), by inserting ‘‘the as the ‘Miller Act’,’’ and inserting in lieu section (f)(3) in the matter inserted by the head of the agency or’’ after ‘‘in the case of thereof ‘‘Miller Act (40 U.S.C. 270a et seq.)’’; and amendment made by that section. any contract if’’. (B) by striking out ‘‘such Act of August 24, (4) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) (9) Section 2350b is amended— 1935’’ and inserting in lieu thereof ‘‘the Mil- is amended by replacing ‘‘regulation’’ with (A) in subsection (c)(1)— ler Act’’. ‘‘regulations’’ in the first quoted matter. (i) by striking out ‘‘specifically—’’ and in- (5) The heading of section 2352(b) (108 Stat. (c) SMALL BUSINESS ACT.—The Small Busi- serting in lieu thereof ‘‘specifically pre- 3322) is amended by striking out ‘‘PROCE- ness Act (15 U.S.C. 632 et seq.) is amended as scribes—’’; and DURES TO SMALL BUSINESS GOVERNMENT CON- follows: (ii) by striking out ‘‘prescribe’’ in each of TRACTORS.—’’ and inserting in lieu thereof (1) Section 8(d) (15 U.S.C. 637(d)) is amend- subparagraphs (A), (B), (C), and (D); and ‘‘PROCEDURES.—’’. ed— (B) in subsection (d)(1), by striking out (6) Section 3022 (108 Stat. 3333) is amended (A) in paragraph (1), by striking out the ‘‘subcontract to be’’ and inserting in lieu by striking out ‘‘each place’’ and all that fol- second comma after ‘‘small business con- thereof ‘‘subcontract be’’. lows through the end of the section and in- cerns’’ the first place it appears; and (10) Section 2356(a) is amended by striking serting in lieu thereof ‘‘in paragraph (1) and (B) in paragraph (6)(C), by striking out out ‘‘2354, or 2355’’ and inserting ‘‘or 2354’’. ‘‘, rent,’’ after ‘‘sell’’ in paragraph (2).’’. ‘‘and small business concerns owned and con- (11) Section 2372(i)(1) is amended by strik- (7) Section 5092(b) (108 Stat. 3362) is amend- trolled by the socially and economically dis- ed by inserting ‘‘of paragraph (2)’’ after ‘‘sec- ing out ‘‘section 2324(m)’’ and inserting in advantaged individuals’’ and inserting in lieu ond sentence’’. lieu thereof ‘‘section 2324(l)’’. thereof ‘‘, small business concerns owned and (8) Section 6005(a) (108 Stat. 3364) is amend- (12) Section 2384(b) is amended— controlled by socially and economically dis- ed by striking out the closing quotation (A) in paragraph (2)— advantaged individuals, and small business marks and second period at the end of sub- (i) by striking ‘‘items, as’’ and inserting in concerns owned and controlled by women’’. section (e)(2) of the matter inserted by the lieu thereof ‘‘items (as’’; and (2) Section 8(f) (15 U.S.C. 637(f)) is amended amendment made by that section. (ii) by inserting a closing parenthesis after by inserting ‘‘and’’ after the semicolon at (9) Section 10005(f)(4) (108 Stat. 3409) is ‘‘403(12))’’; and the end of paragraph (5). amended in the second matter in quotation (B) in paragraph (3), by inserting a closing (3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is marks by striking out ‘‘ ‘SEC. 5. This Act’’ parenthesis after ‘‘403(11))’’. amended by striking out the second comma and inserting in lieu thereof ‘‘ ‘SEC. 7. This (13) Section 2397(a)(1) is amended— after the first appearance of ‘‘small business title’’. (A) by inserting ‘‘as defined in section 4(11) concerns’’. of the Office of Federal Procurement Policy (d) TITLE 31, UNITED STATES CODE.—Sec- (b) TITLE 10, UNITED STATES CODE.—Title Act (41 U.S.C. 403(11))’’ after ‘‘threshold’’; tion 3551 of title 31, United States Code, is 10, United States Code, is amended as fol- and amended— lows: (B) by striking out ‘‘section 4(12) of the Of- (1) by striking out ‘‘subchapter—’’ and in- (1) Section 2220(b) is amended by striking fice of Federal Procurement Policy Act’’ and serting in lieu thereof ‘‘subchapter:’’; and out ‘‘the date of the enactment of the Fed- inserting in lieu thereof ‘‘section 4(12) of (2) in paragraph (2), by striking out ‘‘or eral Acquisition Streamlining Act of 1994’’ such Act’’. proposed contract’’ and inserting in lieu and inserting in lieu thereof ‘‘October 13, (14) Section 2397b(f) is amended by insert- thereof ‘‘or a solicitation or other request 1994’’. for offers’’. (2)(A) The section 2247 added by section ing a period at the end of paragraph (e) FEDERAL PROPERTY AND ADMINISTRA- 7202(a)(1) of Public Law 103–355 (108 Stat. (2)(B)(iii). (15) Section 2400(a)(5) is amended by strik- TIVE SERVICES ACT OF 1949.—The Federal 3379) is redesignated as section 2249. Property and Administrative Services Act of (B) The item relating to that section in the ing out ‘‘the preceding sentence’’ and insert- ing in lieu thereof ‘‘this paragraph’’. 1949 is amended as follows: table of sections at the beginning of sub- (1) The table of contents in section 1 (40 chapter I of chapter 134 is revised to conform (16) Section 2405 is amended— (A) in paragraphs (1) and (2) of subsection U.S.C. 471 prec.) is amended— to the redesignation made by subparagraph (A) by striking out the item relating to (A). (a), by striking out ‘‘the date of the enact- ment of the Federal Acquisition Streamlin- section 104; (3) Section 2302(3)(K) is amended by adding (B) by striking out the item relating to a period at the end. ing Act of 1994’’ and inserting in lieu thereof ‘‘October 13, 1994’’; and section 201 and inserting in lieu thereof the (4) Section 2304(h) is amended by striking following: out paragraph (1) and inserting in lieu there- (B) in subsection (c)(3)— ‘‘Sec. 201. Procurements, warehousing, and of the following: (i) by striking out ‘‘the later of—’’ and all related activities.’’; ‘‘(1) The Walsh-Healey Act (41 U.S.C. 35 et that follows through ‘‘(B)’’; and seq.).’’. (ii) by redesignating clauses (i), (ii), and (C) by inserting after the item relating to (5)(A) The section 2304a added by section (iii) as subparagraphs (A), (B), and (C), re- section 315 the following new item: 848(a)(1) of Public Law 103–160 (107 Stat. 1724) spectively, and realigning those subpara- ‘‘Sec. 316. Merit-based award of grants for is redesignated as section 2304e. graphs accordingly. research and development.’’; (B) The item relating to that section in the (17) Section 2410d(b) is amended by striking (D) by striking out the item relating to table of sections at the beginning of chapter out paragraph (3). section 603 and inserting in lieu thereof the 137 is revised to conform to the redesignation (18) Section 2424(c) is amended— following: (A) by inserting ‘‘EXCEPTION FOR SOFT made by subparagraph (A). ‘‘Sec. 603. Authorizations for appropriations DRINKS.—’’ after ‘‘(c)’’; and (6) Section 2306a is amended— and transfer authority.’’; and (A) in subsection (d)(2)(A)(ii), by inserting (B) by striking out ‘‘drink’’ the first and ‘‘to’’ after ‘‘The information referred’’; third places it appears in the second sen- (E) by inserting after the item relating to (B) in subsection (e)(4)(B)(ii), by striking tence and inserting in lieu thereof ‘‘bev- section 605 the following new item: out the second comma after ‘‘parties’’; and erage’’. ‘‘Sec. 606. Sex discrimination.’’. (C) in subsection (i)(3), by inserting ‘‘(41 (19) Section 2431 is amended— (2) Section 111(b)(3) (40 U.S.C. 759(b)(3)) is U.S.C. 403(12))’’ before the period at the end. (A) in subsection (b)— amended by striking out the second period at (7) Section 2323 is amended— (i) by striking out ‘‘Any report’’ in the the end of the third sentence. (A) in subsection (a)(1)(C), by inserting a first sentence and inserting in lieu thereof (3) Section 111(f)(9) (40 U.S.C. 759(f)(9)) is closing parenthesis after ‘‘1135d–5(3))’’ and ‘‘Any documents’’; and amended in subparagraph (B) by striking out after ‘‘1059c(b)(1))’’; (ii) by striking out ‘‘the report’’ in para- ‘‘or proposed contract’’ and inserting in lieu (B) in subsection (a)(3), by inserting a clos- graph (3) and inserting in lieu thereof ‘‘the thereof ‘‘or a solicitation or other request ing parenthesis after ‘‘421(c))’’; documents’’; and for offers’’. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12741 (4) The heading for paragraph (1) of section (6) Section 5152(a)(1) of the Drug-Free (8) Sections 401(d) and 402(d) are amended 304A(c) is amended by changing each letter Workplace Act of 1988 (41 U.S.C. 701(a)(1)) is by striking out ‘‘submit to the’’ and all that that is capitalized (other than the first letter amended by striking out ‘‘as defined in sec- follows through ‘‘Foreign Affairs’’ and in- of the first word) to lower case. tion 4 of the Office of Federal Procurement serting in lieu thereof ‘‘submit to the Com- (5) The heading for section 314A (41 U.S.C. Policy Act (41 U.S.C. 403)’’ and inserting in mittee on Armed Services and the Commit- 41 U.S.C. 264a) is amended to read as follows: lieu thereof ‘‘(as defined in section 4(12) of tee on Foreign Relations of the Senate and ‘‘SEC. 314A. DEFINITIONS RELATING TO PRO- such Act (41 U.S.C. 403(12)))’’. the Committee on National Security and the CUREMENT OF COMMERCIAL SEC. 1103. AMENDMENTS TO REFLECT NAME Committee on International Relations’’. ITEMS.’’. CHANGE OF COMMITTEE ON ARMED (9) Sections 1584(b), 2367(d)(2), and (6) The heading for section 316 (41 U.S.C. SERVICES OF THE HOUSE OF REP- 2464(b)(3)(A) are amended by striking out 266) is amended by inserting at the end a pe- RESENTATIVES. ‘‘the Committees on Armed Services and the (a) TITLE 10, UNITED STATES CODE.—Title riod. Committees on Appropriations of the Senate 10, United States Code, is amended as fol- (f) WALSH-HEALEY ACT.— and’’ and inserting in lieu thereof ‘‘the Com- lows: (1) The Walsh-Healey Act (41 U.S.C. 35 et mittee on Armed Services and the Commit- (1) Sections 503(b)(5), 520a(d), 526(d)(1), seq.) is amended— tee on Appropriations of the Senate and the 619a(h)(2), 806a(b), 838(b)(7), 946(c)(1)(A), (A) by transferring the second section 11 Committee on National Security and the 1098(b)(2), 2313(b)(4), 2361(c)(1), 2371(h), 2391(c), (as added by section 7201(4) of Public Law Committee on Appropriations of the’’. 2430(b), 2432(b)(3)(B), 2432(c)(2), 2432(h)(1), 103–355) so as to appear after section 10; and (10) Sections 2306b(g), 2801(c)(4), and 2667(d)(3), 2672a(b), 2687(b)(1), 2891(a), 4342(g), (B) by redesignating the three sections fol- 18233a(a)(1) are amended by striking out ‘‘the 7307(b)(1)(A), and 9342(g) are amended by lowing such section 11 (as so transferred) as Committees on Armed Services and on Ap- striking out ‘‘Committees on Armed Serv- sections 12, 13, and 14. propriations of the Senate and’’ and insert- (2) Such Act is further amended in section ices of the Senate and House of Representa- ing in lieu thereof ‘‘the Committee on Armed 10(c) by striking out the comma after ‘‘ ‘lo- tives’’ and inserting in lieu thereof ‘‘Com- Services and the Committee on Appropria- cality’ ’’. mittee on Armed Services of the Senate and tions of the Senate and the Committee on (g) ANTI-KICKBACK ACT OF 1986.—Section 7 the Committee on National Security of the National Security and the Committee on Ap- of the Anti-Kickback Act of 1986 (41 U.S.C. House of Representatives’’. propriations of the’’. 57) is amended by striking out the second pe- (2) Sections 178(c)(1)(A), 942(e)(5), 2350f(c), (11) Section 1599(e)(2) is amended— riod at the end of subsection (d). 2864(b), 7426(e), 7431(a), 7431(b)(1), 7431(c), (h) OFFICE OF FEDERAL PROCUREMENT POL- 7438(b), 12302(b), 18235(a), and 18236(a) are (A) in subparagraph (A), by striking out ICY ACT.—The Office of Federal Procurement amended by striking out ‘‘Committees on ‘‘The Committees on Armed Services and Ap- Policy Act (41 U.S.C. 401 et seq.) is amended Armed Services of the Senate and the House propriations’’ and inserting in lieu thereof as follows: of Representatives’’ and inserting in lieu ‘‘The Committee on National Security, the (1) Section 6 (41 U.S.C. 405) is amended by thereof ‘‘Committee on Armed Services of Committee on Appropriations,’’; and transferring paragraph (12) of subsection (d) the Senate and the Committee on National (B) in subparagraph (B), by striking out (as such paragraph was redesignated by sec- Security of the House of Representatives’’. ‘‘The Committees on Armed Services and Ap- tion 5091(2) of the Federal Acquisition (3) Section 113(j)(1) is amended by striking propriations’’ and inserting in lieu thereof Streamlining Act of 1994 (P.L. 103–355; 108 out ‘‘Committees on Armed Services and ‘‘The Committee on Armed Services, the Stat. 3361) to the end of that subsection. Committees on Appropriations of the Senate Committee on Appropriations,’’. (2) Section 18(b) (41 U.S.C. 416(b)) is amend- and’’ and inserting in lieu thereof ‘‘Commit- (12) Sections 1605(c), 4355(a)(3), 6968(a)(3), ed by inserting ‘‘and’’ after the semicolon at tee on Armed Services and the Committee on and 9355(a)(3) are amended by striking out the end of paragraph (5). Appropriations of the Senate and the Com- ‘‘Armed Services’’ and inserting in lieu (3) Section 26(f)(3) (41 U.S.C. 422(f)(3) is mittee on National Security and the Com- thereof ‘‘National Security’’. amended in the first sentence by striking out mittee on Appropriations of the’’. (13) Section 1060(d) is amended by striking ‘‘Not later than 180 days after the date of en- (4) Section 119(g) is amended by striking out ‘‘Committee on Armed Services and the actment of this section, the Administrator’’ out paragraphs (1) and (2) and inserting in Committee on Foreign Affairs’’ and inserting and inserting in lieu thereof ‘‘The Adminis- lieu thereof the following: in lieu thereof ‘‘Committee on National Se- trator’’. ‘‘(1) the Committee on Armed Services and curity and the Committee on International (i) OTHER LAWS.— the Committee on Appropriations, and the Relations’’. (1) The National Defense Authorization Defense Subcommittee of the Committee on (14) Section 2215 is amended— Act for Fiscal Year 1994 (Public Law 103–160) Appropriations, of the Senate; and (A) by inserting ‘‘(a) CERTIFICATION RE- is amended as follows: ‘‘(2) the Committee on National Security QUIRED.—’’ at the beginning of the text of the (A) Section 126(c) (107 Stat. 1567) is amend- and the Committee on Appropriations, and section; ed by striking out ‘‘section 2401 of title 10, the National Security Subcommittee of the (B) by striking out ‘‘to the Committees’’ United States Code, or section 9081 of the De- Committee on Appropriations, of the House and all that follows through ‘‘House of Rep- partment of Defense Appropriations Act, 1990 of Representatives.’’. resentatives’’ and inserting in lieu thereof (10 U.S.C. 2401 note).’’ and inserting in lieu (5) Section 127(c) is amended by striking ‘‘to the congressional committees specified thereof ‘‘section 2401 or 2401a of title 10, out ‘‘Committees on Armed Services and Ap- in subsection (b)’’; and United States Code.’’. propriations of the Senate and’’ and insert- (C) by adding at the end the following: (B) Section 127 (107 Stat. 1568) is amended— ing in lieu thereof ‘‘Committee on Armed ‘‘(b) CONGRESSIONAL COMMITTEES.—The (i) in subsection (a), by striking out ‘‘sec- Services and the Committee on Appropria- committees referred to in subsection (a) tion 2401 of title 10, United States Code, or tions of the Senate and the Committee on are— section 9081 of the Department of Defense National Security and the Committee on Ap- ‘‘(1) the Committee on Armed Services and Appropriations Act, 1990 (10 U.S.C. 2401 propriations of’’. the Committee on Appropriations of the Sen- note).’’ and inserting in lieu thereof ‘‘section (6) Section 135(e) is amended— ate; and 2401 or 2401a of title 10, United States Code.’’; (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; ‘‘(2) the Committee on National Security and (B) by striking out ‘‘the Committees on and the Committee on Appropriations of the (ii) in subsection (e), by striking out ‘‘sec- Armed Services and the Committees on Ap- House of Representatives.’’. tion 9081 of the Department of Defense Ap- propriations of the Senate and House of Rep- (15) Section 2218 is amended— propriations Act, 1990 (10 U.S.C. 2401 note).’’ resentatives are each’’ and inserting in lieu (A) in subsection (j), by striking out ‘‘the and inserting in lieu thereof ‘‘section 2401a of thereof ‘‘each congressional committee spec- Committees on Armed Services and on Ap- title 10, United States Code.’’. ified in paragraph (2) is’’; and propriations of the Senate and the House of (2) The National Defense Authorization (C) by adding at the end the following: Representatives’’ and inserting in lieu there- Act for Fiscal Years 1990 and 1991 (Public ‘‘(2) The committees referred to in para- of ‘‘the congressional defense committees’’; Law 101–189) is amended by striking out sec- graph (1) are— and tion 824. ‘‘(A) the Committee on Armed Services and (B) by adding at the end of subsection (k) (3) The National Defense Authorization the Committee on Appropriations of the Sen- the following new paragraph: Act for Fiscal Years 1988 and 1989 (Public ate; and ‘‘(4) The term ‘congressional defense com- Law 100–180) is amended by striking out sec- ‘‘(B) the Committee on National Security mittees’ means— tion 825 (10 U.S.C. 2432 note). and the Committee on Appropriations of the ‘‘(A) the Committee on Armed Services and (4) Section 3737(g) of the Revised Statutes House of Representatives.’’. the Committee on Appropriations of the Sen- (41 U.S.C. 15(g)) is amended by striking out (7) Section 179(e) is amended by striking ate; and ‘‘rights of obligations’’ and inserting in lieu out ‘‘to the Committees on Armed Services ‘‘(B) the Committee on National Security thereof ‘‘rights or obligations’’. and Appropriations of the Senate and’’ and and the Committee on Appropriations of the (5) The section of the Revised Statutes (41 inserting in lieu thereof ‘‘to the Committee House of Representatives.’’. U.S.C. 22) amended by section 6004 of Public on Armed Services and the Committee on (16) Section 2342(b) is amended— Law 103–355 (108 Stat. 3364) is amended by Appropriations of the Senate and the Com- (A) in the matter preceding paragraph (1), striking out ‘‘No member’’ and inserting in mittee on National Security and the Com- by striking out ‘‘section—’’ and inserting in lieu thereof ‘‘SEC. 3741. No Member’’. mittee on Appropriations of the’’. lieu thereof ‘‘section unless—’’; S 12742 CONGRESSIONAL RECORD — SENATE September 6, 1995 (B) in paragraph (1), by striking out ‘‘un- of the Office. The report shall be submitted ‘‘(B) the Committee on National Security less’’; and each year at the same time’’; and and the Committee on Transportation and (C) in paragraph (2), by striking out ‘‘noti- (B) by adding at the end the following new Infrastructure of the House of Representa- fies the’’ and all that follows through ‘‘House paragraph: tives.’’. of Representatives’’ and inserting in lieu ‘‘(2) The committees referred to in para- (26) Section 2813(c) is amended by striking thereof ‘‘the Secretary submits to the Com- graph (1) are— out ‘‘Committees on Armed Services and the mittee on Armed Services and the Commit- ‘‘(A) the Committee on Armed Services and Committees on Appropriations of the Senate tee on Foreign Relations of the Senate and the Committee on Appropriations of the Sen- and House of Representatives’’ and inserting the Committee on National Security and the ate; and in lieu thereof ‘‘appropriate committees of Committee on International Relations of the ‘‘(B) the Committee on National Security Congress’’. House of Representatives notice of the in- and the Committee on Appropriations of the (27) Sections 2825(b)(1) and 2832(b)(2) are tended designation’’. House of Representatives.’’. amended by striking out ‘‘Committees on (17) Section 2350a(f)(2) is amended by strik- (23) Section 2551 is amended— Armed Services and the Committees on Ap- ing out ‘‘submit to the Committees’’ and all (A) in subsection (e)(1), by striking out propriations of the Senate and of the House that follows through ‘‘House of Representa- ‘‘the Committees on Armed Services’’ and all of Representatives’’ and inserting in lieu tives’’ and inserting in lieu thereof ‘‘submit that follows through ‘‘House of Representa- thereof ‘‘appropriate committees of Con- to the Committee on Armed Services and the tives’’ and inserting in lieu thereof ‘‘the gress’’. Committee on Foreign Relations of the Sen- Committee on Armed Services and the Com- (28) Section 2865(e)(2) and 2866(c)(2) are ate and the Committee on National Security mittee on Foreign Relations of the Senate amended by striking out ‘‘Committees on and the Committee on International Rela- and the Committee on National Security and Armed Services and Appropriations of the tions of the House of Representatives’’. the Committee on International Relations of Senate and House of Representatives’’ and (18) Section 2366 is amended— the House of Representatives’’; and inserting in lieu thereof ‘‘appropriate com- (A) in subsection (d), by striking out ‘‘the (B) in subsection (f)— mittees of Congress’’. Committees on Armed Services and on Ap- (i) by inserting ‘‘(1)’’ before ‘‘In any case’’; (29)(A) Section 7434 of such title is amend- propriations of the Senate and House of Rep- (ii) by striking out ‘‘Committees on Appro- ed to read as follows: resentatives’’ and inserting in lieu thereof priations’’ and all that follows through ‘‘§ 7434. Annual report to congressional com- ‘‘the congressional defense committees’’; and ‘‘House of Representatives’’ the second place mittees it appears and inserting in lieu thereof ‘‘con- (B) by adding at the end of subsection (e) ‘‘Not later than October 31 of each year, gressional committees specified in paragraph the following new paragraph: the Secretary shall submit to the Committee (2)’’; and ‘‘(7) The term ‘congressional defense com- on Armed Services of the Senate and the (iii) by adding at the end the following: mittees’ means— ‘‘(2) The committees referred to in para- Committee on National Security of the ‘‘(A) the Committee on Armed Services and graph (1) are— House of Representatives a report on the the Committee on Appropriations of the Sen- ‘‘(A) the Committee on Armed Services, production from the naval petroleum re- ate; and the Committee on Foreign Relations, and serves during the preceding calendar year.’’. ‘‘(B) the Committee on National Security the Committee on Appropriations of the Sen- (B) The item relating to such section in and the Committee on Appropriations of the ate; and the table of contents at the beginning of House of Representatives.’’. ‘‘(B) the Committee on National Security, chapter 641 is amended to read as follows: (19) Section 2399(h)(2) is amended by strik- the Committee on International Relations, ‘‘7434. Annual report to congressional com- ing out ‘‘means’’ and all the follows and in- and the Committee on Appropriations of the mittees.’’. serting in lieu thereof the following: House of Representatives.’’. (b) TITLE 37, UNITED STATES CODE.—Title ‘‘means— (24) Section 2662 is amended— 37, United States Code, is amended— ‘‘(A) the Committee on Armed Services and (A) in subsection (a)— (1) in sections 301b(i)(2) and 406(i), by strik- the Committee on Appropriations of the Sen- (i) in the matter preceding paragraph (1), ing out ‘‘Committees on Armed Services of ate; and by striking out ‘‘the Committees on Armed the Senate and House of Representatives’’ ‘‘(B) the Committee on National Security Services of the Senate and House of Rep- and inserting in lieu thereof ‘‘Committee on and the Committee on Appropriations of the resentatives’’ and inserting in lieu thereof Armed Services of the Senate and the Com- House of Representatives.’’. ‘‘the Committee on Armed Services of the mittee on National Security of the House of (20) Section 2401(b)(1) is amended— Senate and the Committee on National Secu- Representatives’’; and (A) in subparagraph (B), by striking out rity of the House of Representatives’’; and (2) in section 431(d), by striking out ‘‘the Committees on Armed Services and on (ii) in the matter following paragraph (6), ‘‘Armed Services’’ the first place it appears Appropriations of the Senate and’’ and in- by striking out ‘‘to be submitted to the Com- and inserting in lieu thereof ‘‘National Secu- serting in lieu thereof ‘‘the Committee on mittees on Armed Services of the Senate and rity’’. Armed Services and the Committee on Ap- House of Representatives’’; (c) ANNUAL DEFENSE AUTHORIZATION propriations of the Senate and the Commit- (B) in subsection (b), by striking out ‘‘shall ACTS.— tee on National Security and the Commit- report annually to the Committees on Armed (1) The National Defense Authorization tees on Appropriations of the’’; and Services of the Senate and the House of Rep- Act for Fiscal Year 1994 (Public Law 103–160) (B) in subparagraph (C), by striking out resentatives’’ and inserting in lieu thereof is amended in sections 2922(b) and 2925(b) (10 ‘‘the Committees on Armed Services and on ‘‘shall submit annually to the congressional U.S.C. 2687 note) by striking out ‘‘Commit- Appropriations of the Senate and House of committees named in subsection (a) a re- tees on Armed Services of the Senate and Representatives’’ and inserting in lieu there- port’’; House of Representatives’’ and inserting in of ‘‘those committees’’. (C) in subsection (e), by striking out ‘‘the lieu thereof ‘‘Committee on Armed Services (21) Section 2403(e) is amended— Committees on Armed Services of the Senate of the Senate and the Committee on Na- (A) by inserting ‘‘(1)’’ before ‘‘Before mak- and the House of Representatives’’ and in- tional Security of the House of Representa- ing’’; serting in lieu thereof ‘‘the congressional tives’’. (B) by striking out ‘‘shall notify the Com- committees named in subsection (a)’’; and (2) The National Defense Authorization mittees on Armed Services and on Appro- (D) in subsection (f), by striking out ‘‘the Act for Fiscal Year 1993 (Public Law 102–484) priations of the Senate and House of Rep- Committees on Armed Services of the Senate is amended— resentatives’’ and inserting in lieu thereof and the House of Representatives shall’’ and (A) in section 326(a)(5) (10 U.S.C. 2301 note) ‘‘shall submit to the congressional commit- inserting in lieu thereof ‘‘the congressional and section 1304(a) (10 U.S.C. 113 note), by tees specified in paragraph (2) notice’’; and committees named in subsection (a) shall’’. striking out ‘‘Committees on Armed Serv- (C) by adding at the end the following new (25) Section 2674(a) is amended— ices of the Senate and House of Representa- paragraph: (A) in paragraph (2), by striking out ‘‘Com- tives’’ and inserting in lieu thereof ‘‘Com- ‘‘(2) The committees referred to in para- mittees on Armed Services of the Senate and mittee on Armed Services of the Senate and graph (1) are— the House of Representatives, the Committee the Committee on National Security of the ‘‘(A) the Committee on Armed Services and on Environment and Public Works of the House of Representatives’’; and the Committee on Appropriations of the Sen- Senate, and the Committee on Public Works (B) in section 1505(e)(2)(B) (22 U.S.C. 5859a), ate; and and Transportation of the House of Rep- by striking out ‘‘the Committee on Armed ‘‘(B) the Committee on National Security resentatives’’ and inserting in lieu thereof Services, the Committee on Appropriations, and the Committee on Appropriations of the ‘‘congressional committees specified in para- the Committee on Foreign Affairs, and the House of Representatives.’’. graph (3)’’; and Committee on Energy and Commerce’’ and (22) Section 2515(d) is amended— (B) by adding at the end the following new inserting in lieu thereof ‘‘the Committee on (A) by striking out ‘‘REPORTING’’ and all paragraph: National Security, the Committee on Appro- that follows through ‘‘same time’’ and in- ‘‘(3) The committees referred to in para- priations, the Committee on International serting in lieu thereof ‘‘ANNUAL REPORT.—(1) graph (1) are— Relations, and the Committee on Com- The Secretary of Defense shall submit to the ‘‘(A) the Committee on Armed Services and merce’’. congressional committees specified in para- the Committee on Environment and Public (3) Section 1097(a)(1) of the National De- graph (2) an annual report on the activities Works of the Senate; and fense Authorization Act for Fiscal Years 1992 September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12743 and 1993 (Public Law 102–190; 22 U.S.C. 2751 Armed Services of the Senate and the House title III of Public Law 99–570; 10 U.S.C. 9441 note) is amended by striking out ‘‘the Com- of Representatives’’ and inserting in lieu note) is amended by striking out ‘‘Commit- mittees on Armed Services and Foreign Af- thereof ‘‘Committee on Appropriations and tees on Appropriations and on Armed Serv- fairs’’ and inserting in lieu thereof ‘‘the the Committee on Armed Services of the ices of the Senate and the House of Rep- Committee on National Security and the Senate and the Committee on Appropria- resentatives’’ and inserting in lieu thereof Committee on International Relations’’. tions and the Committee on National Secu- ‘‘Committee on Armed Services and the (4) The National Defense Authorization rity of the House of Representatives’’; and Committee on Appropriations of the Senate Act for Fiscal Year 1991 (P.L. 101–510) is (B) in subsection (e), by striking out ‘‘Com- and the Committee on National Security and amended as follows: mittees on Appropriations and on Armed the Committee on Appropriations of the (A) Section 402(a) and section 1208(b)(3) (10 Services of the Senate and the House of Rep- House of Representatives’’. U.S.C. 1701 note) are amended by striking resentatives’’ and inserting in lieu thereof (5) Section 7606(b) of the Anti-Drug Abuse out ‘‘Committees on Armed Services of the ‘‘congressional committees specified in sub- Act of 1988 (Public Law 100–690; 10 U.S.C. 9441 Senate and the House of Representatives’’ section (d)’’. note) is amended by striking out ‘‘Commit- and inserting in lieu thereof ‘‘Committee on (d) BASE CLOSURE LAW.—The Defense Base tees on Appropriations and the Committee Armed Services of the Senate and the Com- Closure and Realignment Act of 1990 (part A on Armed Services of the Senate and the mittee on National Security of the House of of title XXIX of Public Law 101–510; 10 U.S.C. House of Representatives’’ and inserting in Representatives’’. 2687 note) is amended as follows: lieu thereof ‘‘Committee on Armed Services (B) Section 1403(a) (50 U.S.C. 404b(a)) is (1) Sections 2902(e)(2)(B)(ii) and 2908(b) are and the Committee on Appropriations of the amended— amended by striking out ‘‘Armed Services’’ Senate and the Committee on National Secu- (i) by striking out ‘‘the Committees on’’ the first place it appears and inserting in rity and the Committee on Appropriations of and all that follows through ‘‘each year’’ and lieu thereof ‘‘National Security’’. the House of Representatives’’. inserting in lieu thereof ‘‘the Committee on (2) Section 2910(2) is amended by striking (6) Section 104(d)(5) of the National Secu- Armed Services, the Committee on Appro- out ‘‘the Committees on Armed Services and rity Act of 1947 (50 U.S.C. 403–4(d)(5)) is priations, and the Select Committee on In- the Committees on Appropriations of the amended by striking out ‘‘Committees on telligence of the Senate and the Committee Senate and of the House of Representatives’’ Armed Services of the Senate and House of on National Security, the Committee on Ap- and inserting in lieu thereof ‘‘the Committee Representatives’’ and inserting in lieu there- propriations, and the Permanent Select on Armed Services and the Committee on of ‘‘Committee on Armed Services of the Committee on Intelligence of the House of Appropriations of the Senate and the Com- Senate and the Committee on National Secu- mittee on National Security and the Com- Representatives each year’’. rity of the House of Representatives’’. mittee on Appropriations of the House of (C) Section 1457(a) (50 U.S.C. 404c(a)) is (7) Section 8 of the Inspector General Act Representatives’’. amended by striking out ‘‘the Committees of 1978 (5 U.S.C. App.) is amended— on Armed Services and on Foreign Affairs of (e) NATIONAL DEFENSE STOCKPILE.—The Strategic and Critical Materials Stock Pil- (A) in subsection (b)(3), by striking out the House of Representatives and the Com- ‘‘Committees on Armed Services and Gov- mittees on Armed Services and’’ and insert- ing Act is amended— (1) in section 6(d) (50 U.S.C. 98e(d))— ernment Operations’’ and inserting in lieu ing in lieu thereof ‘‘the Committee on Na- thereof ‘‘Committee on National Security tional Security and the Committee on Inter- (A) in paragraph (1), by striking out ‘‘Com- and the Committee on Government Reform national Relations of the House of Rep- mittees on Armed Services of the Senate and and Oversight’’; resentatives and the Committee on Armed House of Representatives’’ and inserting in (B) in subsection (b)(4), by striking out Services and the Committee on’’. lieu thereof ‘‘Committee on Armed Services ‘‘Committees on Armed Services and Gov- (D) Section 2921 (10 U.S.C. 2687 note) is of the Senate and the Committee on Na- ernmental Affairs of the Senate and the amended— tional Security of the House of Representa- Committees on Armed Services and Govern- (i) in subsection (e)(3)(A), by striking out tives’’; and ment Operations of the House of Representa- ‘‘the Committee on Armed Services, the (B) in paragraph (2), by striking out ‘‘the tives’’ and inserting in lieu thereof ‘‘congres- Committee on Appropriations, and the De- Committees on Armed Services of the Senate sional committees specified in paragraph fense Subcommittees’’ and inserting in lieu and House of Representatives’’ and inserting thereof ‘‘the Committee on National Secu- in lieu thereof ‘‘such congressional commit- (3)’’; rity, the Committee on Appropriations, and tees’’; and (C) in subsection (f)(1), by striking out the National Security Subcommittee’’; and (2) in section 7(b) (50 U.S.C. 98f(b)), by ‘‘Committees on Armed Services and Gov- (ii) in subsection (g)(2), by striking out striking out ‘‘Committees on Armed Serv- ernment Operations’’ and inserting in lieu ‘‘the Committees on Armed Services of the ices of the Senate and House of Representa- thereof ‘‘Committee on National Security Senate and House of Representatives’’ and tives’’ and inserting in lieu thereof ‘‘Com- and the Committee on Government Reform inserting in lieu thereof ‘‘the Committee on mittee on Armed Services of the Senate and and Oversight’’; and Armed Services of the Senate and the Com- the Committee on National Security of the (D) in subsection (f)(2), by striking out mittee on National Security of the House of House of Representatives’’. ‘‘Committees on Armed Services and Gov- Representatives’’. (f) OTHER DEFENSE-RELATED PROVISIONS.— ernmental Affairs of the Senate and the (5) Section 613(h)(1) of the National Defense (1) Section 8125(g)(2) of the Department of Committees on Armed Services and Govern- Authorization Act, Fiscal Year 1989 (Public Defense Appropriations Act, 1989 (Public Law ment Operations of the House of Representa- Law 100–456; 37 U.S.C. 302 note), is amended 100–463; 10 U.S.C. 113 note), is amended by tives’’ and inserting in lieu thereof ‘‘congres- by striking out ‘‘the Committees on Armed striking out ‘‘Committees on Appropriations sional committees specified in paragraph Services of the Senate and the House of Rep- and Armed Services of the Senate and House (1)’’. resentatives’’ and inserting in lieu thereof of Representatives’’ and inserting in lieu (8) Section 204(h)(3) of the Federal Prop- ‘‘the Committee on Armed Services of the thereof ‘‘Committee on Appropriations and erty and Administrative Services Act of 1949 Senate and the Committee on National Secu- the Committees on Armed Services of the (40 U.S.C. 485(h)(3)) is amended by striking rity of the House of Representatives’’. Senate and the Committee on Appropria- out ‘‘Committees on Armed Services of the (6) Section 1412 of the Department of De- tions and the Committees on National Secu- Senate and of the House of Representatives’’ fense Authorization Act, 1986 (Public Law 99– rity of the House of Representatives’’. and inserting in lieu thereof ‘‘Committee on 145; 50 U.S.C. 1521), is amended in subsections (2) Section 1505(f)(3) of the Military Child Armed Services of the Senate and the Com- (b)(4) and (k)(2), by striking out ‘‘Commit- Care Act of 1989 (title XV of Public Law 101– mittee on National Security of the House of tees on Armed Services of the Senate and 189; 10 U.S.C. 113 note) is amended by strik- Representatives’’. House of Representatives’’ and inserting in ing out ‘‘Committees on Armed Services of SEC. 1104. MISCELLANEOUS AMENDMENTS TO lieu thereof ‘‘Committee on Armed Services the Senate and House of Representatives’’ TITLE 10, UNITED STATES CODE. of the Senate and the Committee on Na- and inserting in lieu thereof ‘‘Committee on (a) SUBTITLE A.—Subtitle A of title 10, tional Security of the House of Representa- Armed Services of the Senate and the Com- United States Code, is amended as follows: tives’’. mittee on National Security of the House of (1) Section 113(i)(2)(B) is amended by strik- (7) Section 1002(d) of the Department of De- Representatives’’. ing out ‘‘the five years covered’’ and all that fense Authorization Act, 1985 (Public Law 98– (3) Section 9047A of the Department of De- follows through ‘‘section 114(g)’’ and insert- 525; 22 U.S.C. 1928 note), is amended by strik- fense Appropriations Act, 1993 (Public Law ing in lieu thereof ‘‘the period covered by the ing out ‘‘the Committees on Armed Services 102–396; 10 U.S.C. 2687 note), is amended by future-years defense program submitted to of the Senate and the House of Representa- striking out ‘‘the Committees on Appropria- Congress during that year pursuant to sec- tives’’ and inserting in lieu thereof ‘‘the tions and Armed Services of the House of tion 221’’. Committee on Armed Services of the Senate, Representatives and the Senate’’ and insert- (2) Section 136(c) is amended by striking the Committee on National Security of the ing in lieu thereof ‘‘the Committee on Appro- out ‘‘Comptroller’’ and inserting in lieu House of Representatives’’. priations and the Committee on Armed Serv- thereof ‘‘Under Secretary of Defense (Comp- (8) Section 1252 of the Department of De- ices of the Senate and the Committee on Ap- troller)’’. fense Authorization Act, 1984 (42 U.S.C. 248d), propriations and the Committee on National (3) Section 227(3)(D) is amended by striking is amended— Security of the House of Representatives’’. out ‘‘for’’. (A) in subsection (d), by striking out (4) Section 3059(c)(1) of the Defense Drug (4) Effective October 1, 1995, section 526 is ‘‘Committees on Appropriations and on Interdiction Assistance Act (subtitle A of amended— S 12744 CONGRESSIONAL RECORD — SENATE September 6, 1995 (A) in subsection (a), by striking out para- inserting in lieu thereof ‘‘section 3012 of such (1) Section 322(1) (108 Stat. 2711) is amended graphs (1), (2), and (3) and inserting in lieu title’’. by striking out ‘‘SERVICE’’ in both sets of thereof the following: (19) Section 2011(a) is amended by striking quoted matter and inserting in lieu thereof ‘‘(1) For the Army, 302. out ‘‘TO’’ and inserting in lieu thereof ‘‘TO’’. ‘‘SERVICES’’. ‘‘(2) For the Navy, 216. (20) Section 2194(e) is amended by striking (2) Section 531(g)(2) (108 Stat. 2758) is ‘‘(3) For the Air Force, 279.’’; out ‘‘(20 U.S.C. 2891(12))’’ and inserting in amended by inserting ‘‘item relating to sec- (B) by striking out subsection (b); lieu thereof ‘‘(20 U.S.C. 8801)’’. tion 1034 in the’’ after ‘‘The’’. (C) by redesignating subsections (c), (d), (21) Sections 2217(b) and 2220(a)(2) are (3) Section 541(c)(1) is amended— and (e) as subsections (b), (c), and (d); amended by striking out ‘‘Comptroller of the (A) in subparagraph (B), by inserting a (D) in subsection (b), as so redesignated, by Department of Defense’’ and inserting in lieu comma after ‘‘chief warrant officer’’; and striking out ‘‘that are applicable on and thereof ‘‘Under Secretary of Defense (Comp- (B) in the matter after subparagraph (C), after October 1, 1995’’; and troller)’’. by striking out ‘‘this’’. (E) in paragraph (2)(B) of subsection (c), as (22) Section 2401(c)(2) is amended by strik- (4) Section 721(f)(2) (108 Stat. 2806) is redesignated by subparagraph (C), is amend- ing out ‘‘pursuant to’’ and all that follows amended by striking out ‘‘revaluated’’ and ed— through ‘‘September 24, 1983,’’. inserting in lieu thereof ‘‘reevaluated’’. (i) by striking out ‘‘the’’ after ‘‘in the’’; (23) Section 2410f(b) is amended by striking (5) Section 722(d)(2) (108 Stat. 2808) is (ii) by inserting ‘‘to’’ after ‘‘reserve compo- out ‘‘For purposes of’’ and inserting in lieu amended by striking out ‘‘National Academy nent, or’’; and thereof ‘‘In’’. of Science’’ and inserting in lieu thereof (24) Section 2410j(a)(2)(A) is amended by (iii) by inserting ‘‘than’’ after ‘‘in a grade ‘‘National Academy of Sciences’’. striking out ‘‘2701’’ and inserting in lieu other’’. (6) Section 904(d) (108 Stat. 2827) is amend- thereof ‘‘6301’’. (5) Effective October 1, 1995, section 528(a) ed by striking out ‘‘subsection (c)’’ the first (25) Section 2457(e) is amended by striking is amended by striking out ‘‘after September place it appears and inserting in lieu thereof out ‘‘title III of the Act of March 3, 1933 (41 30, 1995,’’ ‘‘subsection (b)’’. U.S.C. 10a),’’ and inserting in lieu thereof (6) Section 573(a)(2) is amended by striking (7) Section 1202 (108 Stat. 2882) is amend- ‘‘the Buy American Act (41 U.S.C. 10a)’’. out ‘‘active duty list’’ and inserting in lieu ed— (26) Section 2465(b)(3) is amended by strik- thereof ‘‘active-duty list’’. (A) by striking out ‘‘(title XII of Public ing out ‘‘under contract’’ and all that follows Law 103–60’’ and inserting in lieu thereof (7) Section 661(d)(2) is amended— through the period and inserting in lieu (A) in subparagraph (B), by striking out ‘‘(title XII of Public Law 103–160’’; and thereof ‘‘under contract on September 24, (B) in paragraph (2), by inserting ‘‘in the ‘‘Until January 1, 1994’’ and all that follows 1983.’’. through ‘‘each position so designated’’ and first sentence’’ before ‘‘and inserting in lieu (27) Section 2471(b) is amended— thereof’’. inserting in lieu thereof ‘‘Each position des- (A) in paragraph (2), by inserting ‘‘by’’ ignated by the Secretary under subparagraph (8) Section 1312(a)(2) (108 Stat. 2894) is after ‘‘as determined’’; and amended by striking out ‘‘adding at the end’’ (A)’’; (B) in paragraph (3), by inserting ‘‘of’’ after (B) in subparagraph (C), by striking out and inserting in lieu thereof ‘‘inserting after ‘‘arising out’’. the item relating to section 123a’’. ‘‘the second sentence of’’; and (28) Section 2524(e)(4)(B) is amended by in- (9) Section 2813(c) (108 Stat. 3055) is amend- (C) by striking out subparagraph (D). serting a comma before ‘‘with respect to’’. ed by striking out ‘‘above paragraph (1)’’ (8) Section 706(c)(1) is amended by striking (29) The heading of section 2525 is amended both places it appears and inserting in lieu out ‘‘section 4301 of title 38’’ and inserting in by capitalizing the initial letter of the sec- thereof ‘‘preceding subparagraph (A)’’. lieu thereof ‘‘chapter 43 of title 38’’. ond, fourth, and fifth words. (b) PUBLIC LAW 103–160.—The National De- (9) Section 1059 is amended by striking out (30) Chapter 152 is amended by striking out fense Authorization Act for Fiscal Year 1994 ‘‘subsection (j)’’ in subsections (c)(2) and the table of subchapters at the beginning and (Public Law 103–160) is amended in section (g)(3) and inserting in lieu thereof ‘‘sub- the headings for subchapters I and II. 1603(d) (22 U.S.C. 2751 note)— section (k)’’. (31) Section 2534(c) is amended by capitaliz- (1) in the matter preceding paragraph (1), (10) Section 1060a(f)(2)(B) is amended by ing the initial letter of the third and fourth by striking out the second comma after ‘‘Not striking out ‘‘(as defined in section 101(a)(22) words of the subsection heading. later than April 30 of each year’’; of the Immigration and Nationality Act (8 (32) Section 2705(d)(2) is amended by strik- (2) in paragraph (4), by striking out ‘‘con- U.S.C. 1101(a)(22)))’’ and inserting in lieu ing out ‘‘the date of the enactment of this tributes’’ and inserting in lieu thereof ‘‘con- thereof ‘‘, as determined in accordance with section’’ and inserting in lieu thereof ‘‘Octo- tribute’’; and the Immigration and Nationality Act (8 ber 5, 1994’’. (3) in paragraph (5), by striking out ‘‘is’’ U.S.C. 1101 et seq.)’’. (33) The table of sections at the beginning and inserting in lieu thereof ‘‘are’’. (11) Section 1151 is amended— of subchapter I of chapter 169 is amended by (c) PUBLIC LAW 102–484.—The National De- (A) in subsection (b), by striking out ‘‘(20 adding a period at the end of the item relat- fense Authorization Act for Fiscal Year 1993 U.S.C. 2701 et seq.)’’ in paragraphs (2)(A) and ing to section 2811. (Public Law 102–484) is amended as follows: (3)(A) and inserting in lieu thereof ‘‘(20 (b) OTHER SUBTITLES.—Subtitles B, C, and U.S.C. 6301 et seq.)’’; and D of title 10, United States Code, are amend- (1) Section 326(a)(5) (106 Stat. 2370; 10 (B) in subsection (e)(1)(B), by striking out ed as follows: U.S.C. 2301 note) is amended by inserting ‘‘not later than one year after the date of the (1) Sections 3022(a)(1), 5025(a)(1), and ‘‘report’’ after ‘‘each’’. enactment of the National Defense Author- 8022(a)(1) are amended by striking out (2) Section 4403(a) (10 U.S.C. 1293 note) is ization Act for Fiscal Year 1995’’ and insert- ‘‘Comptroller of the Department of Defense’’ amended by striking out ‘‘through 1995’’ and ing in lieu thereof ‘‘not later than October 5, and inserting in lieu thereof ‘‘Under Sec- inserting in lieu thereof ‘‘through fiscal year 1995’’. retary of Defense (Comptroller)’’. 1999’’. (12) Section 1152(g)(2) is amended by strik- (2) Section 6241 is amended by inserting (d) PUBLIC LAW 102–190.—Section 1097(d) of ing out ‘‘not later than 180 days after the ‘‘or’’ at the end of paragraph (2). the National Defense Authorization Act for date of the enactment of the National De- (3) Section 6333(a) is amended by striking Fiscal Years 1992 and 1993 (Public Law 102– fense Authorization Act for Fiscal Year 1995’’ out the first period after ‘‘section 1405’’ in 190; 105 Stat. 1490) is amended by striking out and inserting in lieu thereof ‘‘not later than formula C in the table under the column des- ‘‘the Federal Republic of Germany, France’’ April 3, 1994,’’. ignated ‘‘Column 2’’. and inserting in lieu thereof ‘‘France, Ger- (13) Section 1177(b)(2) is amended by strik- (4) The item relating to section 7428 in the many’’. ing out ‘‘provison of law’’ and inserting in table of sections at the beginning of chapter SEC. 1106. MISCELLANEOUS AMENDMENTS TO lieu thereof ‘‘provision of law’’. 641 is amended by striking out ‘‘Agreement’’ FEDERAL ACQUISITION LAWS. (14) The heading for chapter 67 is amended and inserting in lieu thereof ‘‘Agreements’’. (a) OFFICE OF FEDERAL PROCUREMENT POL- by striking out ‘‘NONREGULAR’’ and insert- (5) The item relating to section 7577 in the ICY ACT.—The Office of Federal Procurement ing in lieu thereof ‘‘NON-REGULAR’’. table of sections at the beginning of chapter Policy Act (41 U.S.C. 401 et seq.) is amended (15) Section 1598(a)(2)(A) is amended by 649 is amended by striking out ‘‘Officers’’ as follows: striking out ‘‘2701’’ and inserting in lieu and inserting in lieu thereof ‘‘officers’’. (1) Section 6(b) (41 U.S.C. 405(b)) is amend- thereof ‘‘6301’’. (6) The center heading for part IV in the ed by striking out the second comma after (16) Section 1745(a) is amended by striking table of chapters at the beginning of subtitle ‘‘under subsection (a)’’ in the first sentence. out ‘‘section 4107(d)’’ both places it appears D is amended by inserting a comma after (2) Section 18(a) (41 U.S.C. 416(a)) is amend- and inserting in lieu thereof ‘‘section ‘‘SUPPLY’’. ed in paragraph (1)(B) by striking out ‘‘de- 4107(b)’’. SEC. 1105. MISCELLANEOUS AMENDMENTS TO scribed in subsection (f)’’ and inserting in (17) Section 1746(a) is amended— ANNUAL DEFENSE AUTHORIZATION lieu thereof ‘‘described in subsection (b)’’. (A) by striking out ‘‘(1)’’ before ‘‘The Sec- ACTS. (3) Section 25(b)(2) (41 U.S.C. 421(b)(2)) is retary of Defense’’; and (a) PUBLIC LAW 103–337.—Effective as of Oc- amended by striking out ‘‘Under Secretary (B) by redesignating subparagraphs (A) and tober 5, 1994, and as if included therein as en- of Defense for Acquisition’’ and inserting in (B) as paragraphs (1) and (2), respectively. acted, the National Defense Authorization lieu thereof ‘‘Under Secretary of Defense for (18) Section 2006(b)(2)(B)(ii) is amended by Act for Fiscal Year 1995 (Public Law 103–337) Acquisition and Technology’’. striking out ‘‘section 1412 of such title’’ and is amended as follows: (b) OTHER LAWS.— September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12745 (1) Section 11(2) of the Inspector General (2) by striking out ‘‘clause’’ in subpara- level. And President Clinton’s affirma- Act of 1978 (5 U.S.C. App.) is amended by graph (B)(iv) and inserting in lieu thereof tive action report correctly notes that striking out the second comma after ‘‘Com- ‘‘clauses’’. business owners with excessive wealth munity Service’’. SEC. 1108. COORDINATION WITH OTHER AMEND- even above these levels have managed (2) Section 908(e) of the Defense Acquisi- MENTS. tion Improvement Act of 1986 (10 U.S.C. 2326 For purposes of applying amendments to avoid detection and wrongfully re- note) is amended by striking out ‘‘section made by provisions of this Act other than main in the 8(a) program. 2325(g)’’ and inserting in lieu thereof ‘‘sec- provisions of this title, this title shall be So let’s review where we are on the tion 2326(g)’’. treated as having been enacted immediately 8(a) program. We have a program sup- (3) Effective as of August 9, 1989, and as if before the other provisions of this Act. posedly for small business owners who included therein as enacted, Public Law 101– f are socially and economically dis- 73 is amended in section 501(b)(1)(A) (103 advantaged. But an applicant is eligi- Stat. 393) by striking out ‘‘be,’’ and inserting AUTHORITY FOR COMMITTEES TO ble for the 8(a) program without an in- in lieu thereof ‘‘be;’’ in the second quoted MEET matter therein. dividual showing of specific discrimina- (4) Section 3732(a) of the Revised Statutes SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, tion. Then, under the economic dis- (41 U.S.C. 11(a)) is amended by striking out AND GOVERNMENT INFORMATION advantage test, over 80 percent of all the second comma after ‘‘quarters’’. Mr. PACKWOOD. Mr. President, I ask small business owners in the United (5) Section 2 of the Contract Disputes Act unanimous consent that the Sub- States would be small enough to be eli- of 1978 (41 U.S.C. 601) is amended in para- committee on Terrorism, Technology, gible. And on top of that, an 8(a) par- graphs (3), (5), (6), and (7), by striking out and Government Information for the ticipant’s wealth can triple in size once ‘‘The’’ and inserting in lieu thereof ‘‘the’’. (6) Section 13 of the Contract Disputes Act Committee on the Judiciary be author- in the program and still remain eligi- of 1978 (41 U.S.C. 612) is amended— ized to meet during the session of the ble for special government contract (A) in subsection (a), by striking out ‘‘sec- Senate on Wednesday, September 6, preferences. tion 1302 of the Act of July 27, 1956, (70 Stat. 1995, at 10 a.m. in SH216 to hold a hear- It doesn’t surprise me that partici- 694, as amended; 31 U.S.C. 724a)’’ and insert- ing on the Ruby Ridge incident. pants in the 8(a) program are fighting ing in lieu thereof ‘‘section 1304 of title 31, The PRESIDING OFFICER. Without to save it. It is a good deal for anyone United States Code’’; and objection, it is so ordered. who can get in. (B) in subsection (c), by striking out ‘‘sec- f In April 1995, I chaired a hearing be- tion 1302 of the Act of July 27, 1956, (70 Stat. fore the Committee on Small Business, 694, as amended; 31 U.S.C. 724a)’’ and insert- ADDITIONAL STATEMENTS ing in lieu thereof ‘‘section 1304 of title 31, and we heard a great deal of passionate United States Code,’’. testimony about the 8(a) program— both in favor of and opposed to the pro- SEC. 1107. MISCELLANEOUS AMENDMENTS TO THE 8(a) PROGRAM OTHER LAWS. gram. One of the witnesses was Josh (a) OFFICER PERSONNEL ACT OF 1947.—Sec- ∑ Mr. BOND. Mr. President, earlier this Smith, founder of Maxima Corp., one of tion 437 of the Officer Personnel Act of 1947 summer the Clinton administration re- the best known companies to have par- is repealed. leased its report on affirmation action. ticipated in the 8(a) program. Mr. (b) TITLE 5, UNITED STATES CODE.—Title 5, United States Code, is amended— The President’s report devotes consid- Smith discussed how the 8(a) program (1) in section 8171— erable attention to the Small Business fails to benefit low-income commu- (A) in subsection (a), by striking out Administration’s 8(a) Minority Con- nities and low-income minorities. ‘‘903(3)’’ and inserting in lieu thereof tracting Program. The report details Mr. Smith testified that 8(a) compa- ‘‘903(a)’’; the 8(a) program’s failings and abuses, nies were not locating in and hiring (B) in subsection (c)(1), by inserting ‘‘sec- but in the end the President concludes people from needy neighborhoods and tion’’ before ‘‘39(b)’’; and that the program should be saved in distressed inner cities with large num- (C) in subsection (d), by striking out ‘‘(33 the name of affirmative action. bers of unemployed members of minor- U.S.C. 18 and 21, respectively)’’ and inserting As the chairman of the Committee on in lieu thereof ‘‘(33 U.S.C. 918 and 921)’’; ity groups. To the contrary, too often (2) in sections 8172 and 8173, by striking out Small Business, I have first hand famil- 8(a) firms can be found in northern Vir- ‘‘(33 U.S.C. 2(2))’’ and inserting in lieu there- iarity with the 8(a) program. It is a ginia or suburban Maryland. I think its of ‘‘(33 U.S.C. 902(2))’’; and program that gives a very valuable wrong that the important objective of (3) in section 8339(d)(7), by striking out government contracting preference to this program—bringing economic op- ‘‘Court of Military Appeals’’ and inserting in members of certain minority groups portunity and jobs to historically dis- lieu thereof ‘‘Court of Appeals for the Armed without requiring proof of specific dis- advantaged areas and small busi- Forces’’. crimination or social disadvantage. nesses—has been lost. (c) PUBLIC LAW 90–485.—Effective as of Au- gust 13, 1968, and as if included therein as The 8(a) statute requires proof of eco- Today, the 8(a) program builds originally enacted, section 1(6) of Public Law nomic disadvantage. But in practice, wealth among a small group of individ- 90–485 (82 Stat. 753) is amended— even those who have accumulated sub- uals who own small businesses and who (1) by striking out the close quotation stantial wealth are still welcomed into gain acceptance into the program. The marks after the end of clause (4) of the mat- this program. An applicant to the 8(a) program makes no effort to encourage ter inserted by the amendment made by that program is deemed economically dis- hiring of minorities or residents of dis- section; and advantaged if the applicant has a net tressed areas, nor is there any require- (2) by adding close quotation marks at the worth less than $250,000, excluding the ment that the 8(a) company assist com- end. (d) TITLE 37, UNITED STATES CODE.—Sec- value of his or her home and the value munity redevelopment effort by locat- tion 406(b)(1)(E) of title 37, United States of the small business owned by the ap- ing in or performing work in distressed Code, is amended by striking out ‘‘of this plicant. areas. The social disadvantage require- paragraph’’. Let’s focus for just a minute on what ment of the 8(a) program is satisfied (e) BASE CLOSURE ACT.—Section 2910 of the this economic disadvantage test really merely if the owner, who controls 51 Defense Base Closure and Realignment Act means. According to data provided to percent of the company, is a member of of 1990 (part A of title XXIX of Public Law me by the Administrator of the Small a prescribed racial or ethnic group. 101–510; 10 U.S.C. 2687 note) is amended— (1) by redesignating the second paragraph Business Administration, 81.6 percent I believe the 8(a) program as we know (10), as added by section 2(b) of the Base Clo- of all small businesses owners in the it today should be replaced with a race sure Community Redevelopment and Home- United States have a net worth under neutral program specifically designed less Assistance Act of 1994 (Public Law 103– $250,000. to use Federal contracting expendi- 421; 108 Stat. 4352), as paragraph (11); and But the 8(a) limit for economic dis- tures to help attract small businesses (2) in paragraph (11), as so redesignated, by advantage doesn’t stop at $250,000. Once and employment to distressed areas striking out ‘‘section 501(h)(4)’’ and you are in the program, net worth can with low income and high unemploy- ‘‘11411(h)(4)’’ and inserting in lieu thereof grow to $750,000 without jeopardizing ment. Such areas might be located in ‘‘501(i)(4)’’ and ‘‘11411(i)(4)’’, respectively. (f) PUBLIC LAW 103–421.—Section 2(e)(5) of participation in the 8(a) program. The the inner city, on an Indian reserva- Public Law 103–421 (108 Stat. 4354) is amend- SBA Administrator has informed me tion, or in Appalachia. ed— that 91.6 percent of all small business I suggest we call these areas histori- (1) by striking out ‘‘(A)’’ after ‘‘(5)’’; and owners have a net worth below this cally underutilized business zones or S 12746 CONGRESSIONAL RECORD — SENATE September 6, 1995 HUBZones. My proposal will allow any According to CRS, this is the only COMMEMORATION OF THE 50TH small business located in a HUBZone major Federal program that supports ANNIVERSARY OF THE FORMAL and employing people in the HUBZone study abroad by U.S. citizen under- SURRENDER OF THE EMPIRE OF to obtain a reasonable and meaningful graduate students. JAPAN preference in competing for Federal The program operates from interest Mr. KYL. Mr. President, I rise to Government contracts against other on a trust fund, based on a one-time offer my thoughts on the occasion of businesses not located in a HUBZone. 1992 appropriation of $150 million. In the 50th anniversary of the formal sur- My proposal begins to return the idea fiscal year 1995, the trust fund yielded render of the Empire of Japan and the behind the 8(a) program to its roots, $15 million. end of World War II. when it was targeted to inner city Pressured to find savings in these Mr. President, September 2, 1995, areas after the riots following the as- tight budget times, the Appropriations marked the day, 50 years ago, that the sassination of Martin Luther King. In Committee voted to cut funding for the Empire of Japan signed documents of this case, government contract set- program and eliminate the trust fund surrender aboard the U.S.S. Missouri in asides were used to bring in new busi- in the Defense supplemental bill we Tokyo Bay, formally ending World War nesses to areas trying to recover from considered earlier this year. I offered II. It is fitting that America com- the dramatic damage and tension that an amendment on the Senate floor that memorated the anniversary of this accompanies a riot, such as those that restored funding for the program. The most pivotal event in human history— occurred in 1968. amendment was accepted on a voice The HUBZone replacement for to- the victory of the free world over three vote. irredeemable regimes in which human day’s 8(a) program should not be lim- A compromise was reached in con- ited, however, to inner cities. My pro- evil was institutionalized and directed ference whereby all 1995 funding was toward world conquest: Germany’s na- gram creates hope and opportunity for saved but the trust fund was reduced all cities, rural areas, and Native ziism, Italy’s fascism, and Japan’s from $150 million to $75 million. This militaristic imperialism. American communities that have not was a fair compromise given that the prospered while other more affluent In the 2,194 days of World War II, House also had originally voted to more than 50 million human beings lost areas of our country have flourished. eliminate the program. For too long, we have overlooked their lives. This horrific total includes I am pleased that for fiscal year 1996, programs to bring jobs and wealth to nearly 300,000 Americans killed in com- the Appropriations Committee decided economically distressed areas of our bat, six million Jews murdered in Eu- to continue funding for the program, Nation. We now have an opportunity to rope, and one million Chinese slain in even though it is necessarily based on take a positive step to provide long the Japanese rape of Nanking. a smaller trust fund which yields less overdue help where help is needed in Fifty years ago, a vicious war had fi- interest than it had previously. This is our country. The HUBZone proposal nally ended, but ancient cities lay in an effective program that addresses a will create a powerful private-public ruins. Mighty armies had been van- serious national interest and I com- partnership to give opportunity to quished. Proud cultures had been deci- mend the committee for its wise ac- small businesses who locate in eco- mated. But today, one overriding truth tion. nomically distressed areas and to give has gradually become clear: Though Foreign language proficiency is cru- hope to people who have not had much much was lost, far more has since been cial to our national defense and secu- chance until now to pull themselves up gained. rity but there is much that needs to be the economic ladder.∑ In the European theater, World War done. Of the 500,000 American troops f II saw the indescribable bravery of the United States sent to the Persian American teenagers at Normandy and THE NATIONAL SECURITY Gulf, only five could translate Iraqi in- Pointe du Hoc, and the unfathomable EDUCATION PROGRAM telligence documents. The United butchery of the Third Reich. In the Pa- States has the only foreign service in ∑ Mr. SIMON. Mr. President, this De- cific, the hallowed places of valor, suf- the world you can get into without the fense appropriations bill includes $7.5 fering, and self-sacrifice continue to knowledge of a foreign language. million for the National Security Edu- echo down the halls of American his- cation Program. I want to congratulate Foreign language proficiency and tory: Bataan, Corregidor, Midway, Iwo my colleagues on the Appropriations knowledge of other cultures is also im- Jima, Okinawa. Committee for ensuring funding for portant for our economic competitive- The vast scope of World War II en- this important program. ness. There is a simple rule of business: compassed the final cavalry charge and The National Security Education ‘‘You can buy in any language, but if the first wartime use of the atomic Program has enjoyed bipartisan sup- you want to sell you have to speak the bomb. It is fitting and proper that, 50 port. President Bush signed the Na- language of your customer.’’ The fact years after the end of this conflict, all tional Security Education Act, which is that four out of five new jobs in the Americans quietly reflect upon the established the National Security Edu- United States are created through for- meaning of the war, and, in particular, cation Program, in December 1991. The eign trade. upon the awesome destructive power chief Senate sponsor of the bill was An article that appeared on the front unleashed by these bombs dropped on Senator David Boren, who is now presi- page of the business section of the Sun- Hiroshima and Nagasaki from a U.S. dent of the University of Oklahoma. day Los Angeles Times on August 28, Air Force B–29, killing 200,000. This act Senators NUNN and WARNER were co- 1994 noted that: ‘‘In a global economy, of American servicemen, done in our sponsors. study and business experience abroad name, does not make them—or us— The National Security Education are critical. Yet Americans stay home warmongers. On the contrary, the sol- Program was designed to support study while 400,000 foreign students come dier, sailor, and aviator above all yearn abroad by U.S. students. The program here to learn.’’ for peace—even while obeying all emphasizes the study of foreign lan- Last year, the National Security moral and reasonable orders of civilian guages and preparation for possible ca- Education Program supported 317 stu- leaders—because he or she endures the reers in national security. Funds go to dents from 150 U.S. institutions who greatest fear and anguish from war. U.S. institutions, undergraduate schol- studied in 48 countries with 34 different Mr. President, our ongoing national arships, and graduate fellowships. languages. The average award was debate over the propriety of America’s The program guarantees a return on $8,000 per student. Cutting the program use of these weapons reflects an active the Federal investment by requiring would yield very small savings. But the national moral conscience. It is an in- that recipients of fellowships and dividends from such programs are very dication that Americans continue to scholarships be obligated to serve in a real. care about what was done by their Gov- Federal Government agency or an edu- I hope the Senate can maintain sup- ernment in their name. It signals our cational institution in the area of port for this program when the bill appreciation that national choices study for which the scholarship or fel- moves to conference. have moral consequences for which all lowship was awarded. I thank my colleagues.∑ Americans are responsible. In the case September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12747 of Hiroshima and Nagasaki, these con- criticism if, in 1947, it was revealed Additional facts also support Tru- sequences continue to reverberate that America had a weapon—no matter man’s decision. Some revisionists through American and world history. how destructive or horrible—that just argue that the bomb was unnecessary Fifty years after the fact, it is dif- might have saved American lives had it because Japan was planning to surren- ficult to recapture the national mood been used. George Elsey, a young naval der. This is plainly refuted by the and historical context of August 1945. intelligence officer in constant contact facts. Three days after the Enola Gay The temptation of latter-day histo- with Truman prior to and at the time dropped the bomb on Hiroshima, kill- rians is to narrowly focus on only these the decision was made, believes that ing 70,000 people and virtually destroy- two events—as destructive and horrible ‘‘the answer is impeachment.’’ ing the city, the Chief of Staff of the as Hiroshima and Nagasaki were— Truman knew well the high cost al- Japanese Army, Gen. Yoshijiro Umezu, apart from the historical context in ready paid in taking back the Pacific assured the Supreme War Council which they occurred. This is sometimes islands: Guadalcanal, Tarawa, Saipan, meeting in Tokyo that his troops could done with the intent to advance a par- Midway. At Iwo Jima—where, in the ‘‘turn back the invading American ticular agenda or political point of immortal words of Adm. Chester Nim- force and get better terms than the un- view. This tendency, known as histori- itz, ‘‘uncommon valor was a common conditional surrender’’ demanded by cal revisionism, was recently seen in virtue’’—more marines were killed the Allies. On August 9, in a meeting in the controversy over the Enola Gay ex- than in the entire Korean war. his bomb shelter, Umezu was inter- hibit at the Smithsonian, and in the And then, there was Okinawa, the rupted by an officer who announced debate over changing ‘‘V-J Day’’ to bloodiest battle of the Pacific War and that a second nuclear weapon had been ‘‘Victory in the War of the Pacific,’’ to the last great engagement of World dropped on Nagasaki. The General’s re- avoid offending Japanese sensitivities. War II. Okinawa demonstrated with sponse: ‘‘I can say with confidence that Hiroshima and Nagasaki cannot be brutal clarity how viciously the Japa- we will be able to destroy the major accurately assessed in the abstract. nese would fight to defend their home part of an invading force.’’ These events are directly linked to islands. Nearly 190,000 Army and Ma- The Japanese leadership was caught Okinawa, Iwo Jima, Bataan, and, of rine combat troops and an armada of between a realization of the inevitabil- course, Pearl Harbor, where the U.S.S. 1,200 ships—second in size only to the ity of defeat and their cultural tradi- Arizona Memorial bears silent witness Normandy invasion—began the assault. tion in which suicide was honorable, to the memory of 1,177 American sail- In less than three months of battle, and surrender was sacrilege. They did ors who died on the morning of Decem- 12,000 Americans were killed, a total not want a negotiated peace. They ber 7, 1941. The average age of the 1,102 representing nearly 25 percent of all chose, instead, to commit national sui- who, to this day, remain entombed in the American deaths from 9 years of cide. As the Japanese War Minister, the Arizona’s watery grave, is 18. These war in Vietnam. A 19-year-old soldier General Anami, said, ‘‘would it not be teenaged sailors were heroes before wrote of the butchery of Okinawa in wondrous for this whole nation to be they were men. his last letter home 2 days before he destroyed like a beautiful flower?’’ Some armchair historians, safely was killed: ‘‘the fear is not so much of Emperor Hirohito’s war-ending state- ensconced in ivory towers, issue moral death itself * * * [as it is] the terror ment confirmed the role the atomic condemnations of the very acts of war and anguish and utter horror in the bombs played in ending the war. Hiro- that saved American lives and, in large final moments that precede death in hito cited the atomic bomb, which measure, preserved their freedom to this battle.’’ Japan was then hurriedly developing, issue those condemnations. They enjoy The losses suffered by American in his taped broadcast to the nation an- the benefits of freedom—particularly, ships and sailors at Okinawa remain nouncing Japan’s surrender on August the freedom to dissent—with little ap- the greatest in world naval history: 30 15, 1945. ‘‘The enemy has begun to em- preciation of its costs. They don’t ade- ships sunk, 368 damaged, and more ploy a most cruel bomb, the power of quately appreciate that freedom is not than 5,000 sailors killed by kamikaze which to do damage is indeed incal- free, but has been purchased with the attacks during a battle fought after it culable. To continue would result in blood of young Americans whose names was clear to the world that Japan had the collapse and obliteration of the they will never know. In re-writing the lost the war. Japanese nation.’’ events that preserved their freedom, Mr. President, using Iwo Jima and So, in assessing whether the atomic and the freedom of much of the world, Okinawa as a measure, according to a bomb was needed to shorten the war they engage in more than dubious Pentagon briefing received by Truman, and to save the lives of American and scholarship; they dishonor the memory a minimum of 250,000 and as many as Allied soldiers, let us not forget: The of those of whom General MacArthur 600,000 American lives would be lost in surrender of Japan did not occur until said, ‘‘they fought and died * * * and an invasion of the home islands, pre- 5 days after the second atomic bomb left the air singed with their honor.’’ dicted to be fought out for over a year, was dropped. A credible historian must endeavor island by island, beach by beach, cave Americans must not glorify in what to learn the lessons of history. To learn to cave, and, in the end, hand to hand. was done at Hiroshima and Nagasaki, these lessons, he or she must know the Douglas MacArthur and Winston but neither should we apologize for it. facts on which the lessons are based. Churchill both estimated that one mil- It is indeed a paradox of the 20th cen- Mr. President, to fairly evaluate Hir- lion allied soldiers would be killed in tury that the weapons of war are, at oshima and Nagasaki, the historian an invasion of Honshu, Hokkaido, times, necessary to end war, to prevent must strive to see the world as Truman Shikoku, and Kyushu, the Japanese war, and to advance the cause of peace. saw it, and to fully embrace the objec- home islands. But, in view of the war’s end and the 50 tive facts that he confronted. In this The Pentagon predicted 20,000 Ameri- year peace that has ensued, Pacific war evaluation, all are entitled to their cans would die in the first month veterans can take pride in just that. own opinions; none are entitled to alone. For Truman, this potential In August 1995, Japan is endowed their own facts. And facts can be stub- human cost was intolerable. If there with political stability and is a thriv- born things. What were the facts on was a way—any way—to avoid such ing nation of human freedom and en- which Truman based his fateful deci- bloodshed, it seemed worth taking. His- terprise. The rubble of war has, phoe- sion to use the atomic bomb? torian David McCollough said the ex- nix-like, arisen from the ashes as an Truman, as Commander in Chief, was planation for why Truman used the international center of democracy, cul- responsible, not only for determining bomb was one word: ‘‘Okinawa. He ture, and learning. It is a historical ab- and prosecuting military strategy, but wanted to stop the killing.’’ erration that the vanquished of August also for the lives of his troops. As a I believe this one fact, standing 1945 arguably benefited more than the World War I combat veteran, he knew alone, fully justified Truman’s decision victors. World War II freed the Japa- well the brutality of war, and regarded to use the atom bomb on Japan: Not nese and German people from evil, de- his duty to minimize American casual- one American life was lost in an inva- structive regimes and re-directed their ties to be a sacred moral obligation. sion of the heavily fortified home is- national potential in ways that have One can only imagine the firestorm of lands of the Empire of Japan. brought their people, and the world, S 12748 CONGRESSIONAL RECORD — SENATE September 6, 1995 unquantifiable economic, political, and School, where he met the girl he would pact between labor and management cultural benefits. Japan, with few nat- eventually marry. has rightly been the envy of the world. ural resources, now produces over 10 On June 30, 1917, Tom married his As the role of unions in today’s work percent of the world’s goods and serv- sweetheart, Immaculate LaMarca. She force undergoes growing pains, we ices, and has become our friend and lived to the age of 90, passing away in must remember that we all—rich and ally, our partner in peace and economic 1987, after they had celebrated their poor, management and worker—are in enterprise, a source of stability in the 70th wedding anniversary. They had this together. For most of our history bustling Pacific rim, and a major en- four children, Lawrence, Amelia, as an industrialized nation we have un- gine of international commerce. Margie and Thomas, Jr., who died in derstood this fact. We understood that So, as we commemorate the 50 years infancy. workers were not interchangeable of peace and stability that began at the As a sports enthusiast during his parts but partners in a quest for pro- end of World War II, let us not forget youth, he preferred to be an active par- ductivity and partners in a commu- the ultimate sacrifice made by 300,000 ticipant rather than an observer. Tom nity. Richie Tissiere understands this young American soldiers, sailors, and is also an avid outdoorsman, enjoying compact and has devoted himself to en- aviators who accomplished the redemp- both hunting and fishing. He would al- suring that America’s unique partner- tion of the Earth. ways share his bountiful catch with ship between worker and employer re- Surely, these young men and women neighbors and friends. mains a vibrant part of our society. from Arizona, Iowa, Louisiana, Mis- Tom worked in several Rochester Richie Tissiere’s contributions to souri, and every other State of the shoe factories over the years, but when New Jersey have been many and they Union, realized the risks they ran and he retired in 1962 it was from a position have been varied. I have had the pleas- the ultimate price that they might with the Rochester Transit Authority. ure of working with Richie when he Tom’s chief activity today is garden- pay. But they also knew that, while the served on my Labor Advisory Board in ing, but he also enjoys playing bocce price of freedom is high, the price of the State which is only one of the ways and watching Yankee games. No mat- oppression is far higher. With the cour- that Richie has touched so many of his ter what the weather, he walks daily to age of this conviction, they willingly fellow New Jerseyans. Generations of the Stardust Room at Edgerton Park offered their lives to defend tran- young soccer players have Richie and to share in their senior citizen lunches. scendent principle and to preserve the area labor unions to thank for support- There he also enjoys the camaraderie promise of freedom for fellow human ing their leagues, boys and girls in of both neighbors and friends. beings born and yet unborn. They Newark can tip their hats to Richie for Tom has witnessed 17 men rise to be- fought for neither power nor treasure, his support of their youth clubs, and come the President of our country ex- and the only foreign land they now re- thousands of construction, highway, tending from Teddy Roosevelt to Bill vere lies beneath countless crosses and and mass transit workers appreciate Clinton. During his 100 years, Tom has Stars of David where their fallen com- the role Richie has played in the boom- seen the progress in transportation go rades rest. ing construction industry in the State. from the horse and buggy age to man America’s World War II veterans em- landing on the Moon; mass communica- It is indeed fitting that the Essex- body all that is strong, noble and true tion has evolved from just the printed West Hudson Labor Council, AFL–CIO about this Nation. They and their de- word to radio, and even computers; en- will pay tribute to Richie Tissiere, a parted friends—and all others who have tertainment has extended from vaude- fine New Jerseyan and a dedicated protected the United States in peace- ville to video. Times have certainly union supporter at their annual Labor time and in war—served as good sol- changed and Tom Stavalone has been Day Parade.∑ diers and good citizens. Their high there to witness these many changes. standard of allegiance has enriched our f His family and friends will honor him national consciousness and has cul- with a gala celebration on September tivated and sustained a sense of pur- THE VISIT OF COMTE RENE DE 17, 1995, at the Mapledale Party House pose and patriotism in Americans CHAMBRUN TO THE LIBRARY OF in Rochester, NY. I want to thank Tom across this great land. In selflessly lay- CONGRESS CELEBRATING MICRO- for his many contributions to the bet- ing their lives on the line, they helped FILMING OF LAFAYETTE PA- terment of our world and with him a ensure that, throughout the world, the PERS very happy 100th birthday.∑ strong are just, the weak secure, and Mr. HATFIELD. Mr. President, as f ∑ the peace preserved for generations to Chairman of the Joint Committee on come. RICHARD TISSIERE the Library of Congress, I want to Mr. President, in this year of com- ∑ Mr. BRADLEY. Mr. President, on bring to the attention of this body an memoration, I know I share the senti- Friday, September 8, following closely agreement between the Library of Con- ments of all Americans in saying to on the heels of our national celebration gress and the Comte Rene de Chambrun World War II veterans and their fami- of the American worker, a prominent of France to microfilm the Lafayette lies: I salute you. Your country thanks labor leader in my State will be hon- papers. In June, the Librarian of Con- you. God bless each of you.∑ ored for his many achievements on be- gress, Dr. James Billington, agreed to f half of all New Jerseyans and my begin microfilming the collection and State’s labor movement. Richard make it available to scholars from all CENTENARIAN THOMAS Tissiere, the business manager and over the world by 1996. Rene de STAVALONE president of the Laborers’ Union Local Chambrun, the great-great grandson of ∑ Mr. D’AMATO. Mr. President, I rise 472, AFL–CIO, has devoted a lifetime of the Marquis de Lafayette, will be hon- today in honor of a great American, energy, enthusiasm, and hard work to ored this evening, Lafayette’s birth- Thomas Stavalone. On September 14 of both the local 472, his community and day, at a dinner sponsored by Congress this year, Thomas Stavalone of Sara- our country. and the Library. toga Ave., Rochester, NY, will be cele- Richie Tissiere’s commitment to his Many will remember Rene de brating an event few others have been union, exemplified by his perfect at- Chambrun who, like his ancestor La- privileged to achieve; he will be 100 tendance record at union meetings for fayette, was held in high esteem by his years old. the entire 43 years of his membership, American counterparts during World Born in a suburb of Naples, Italy, in has contributed to the hard-won War II. Through a web of connections the village of Peturo in 1895, Tom emi- achievements of the American work in the United States, Chambrun was grated to America in 1904 at the tender force. Today’s American worker enjoys able to convince President Roosevelt age of 9. Together with his family, he a living wage, company paid health and others to send much needed mili- originally settled in the Scio Street benefits, safe working conditions and a tary equipment to Britain in mid 1940. area, later relocating to the old 9th 5-day workweek as a direct result of The assistance, instigated by Ward section of Rochester, which he the fruits of the labor of America’s Chambrun, was no small factor in the still calls home. He attended No. 5 unions. This uniquely American com- Battle of Britain—the first battle September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12749 fought for control of the air and a bat- the papers of President Herbert Hoover violence, influencing public attitudes tle which Hitler eventually retreated several times myself. I commend the in favor of violence prevention initia- from. Library of Congress for its diligent ef- tives, and supporting legislative and In 1956, the Count de Chambrun, ex- forts to see that the Lafayette papers regulatory measures intended to re- ploring La Grange, the 15th century are made available to the public where duce violence, such as those that limit chateau he had recently acquired near they will join the papers of other the availability of handguns. Paris, discovered a large collection of prominent founding fathers such as Because the causes of violence are so personal papers of Lafayette. Since its George Washington, Thomas Jefferson, complex, we sometimes feel over- discovery, this collection, which has Benjamin Franklin, and James Madi- whelmed before we even begin the work been carefully preserved and organized, son. to find solutions. To encourage its has remained virtually inaccessible to As a body, the voluminous Lafayette members, JAMA relates the story: historians and archivists and today re- papers promise to shed new light on . . . of a stranger walking along a beach at mains one of the great scholarly mys- American history and our view of La- noon on a brilliant sunny day. As the tide teries of the 20th century. fayette—one of those rare figures who has receded, a large number of starfish have LaFayette played a central role in decisively influenced the affairs of two been stranded on the hot sands, baked by the both the American Revolution and the great nations, the United States and noonday sun. They surely will not survive French Revolution. Agreeing to serve France. It is appropriate that we honor until the next tide returns. An older woman without pay in the American army, La- Count de Chambrun today, and through skitters about the beach, gently picking up fayette was present at Valley Forge in him the Marquis de Lafayette. the starfish and tossing them back into the ∑ ocean. As the stranger approaches and no- the harsh winter of 1777–1778. In f tices the tens of thousands of starfish on the France, he worked to make his country miles of sandy beach, he stops to ask the a constitutional monarchy and held in JOURNAL OF THE AMERICAN MED- woman, ‘‘How can you possibly make a dif- his heart a strong desire that France ICAL ASSOCIATION’S ISSUE ON ference, with the vast number of starfish would one day become a pure republic. VIOLENCE IN AMERICA that are stranded?’’ The woman replies, Throughout his life he championed, ∑ Mr. SIMON. Mr. President, today, I gently picking up a starfish next to her and sometimes at great personal cost, the would like to call my colleagues’ at- showing it to the stranger, ‘‘For this ideas of liberty, equality, human rights tention to an important issue of the starfish, it makes all the difference in the world.’’ and national self-determination that Journal of the American Medical Asso- today are still cause for inspiration. ciation, which examines violence as a To further encourage its readers, Approximately one-quarter of the public health issue. JAMA then relates the work of John 18,000 items in the Lafayette collection As too many Americans know, vio- May, a physician with Cermak Health contain information about the Amer- lence has become an epidemic in our Services in Chicago, who is making an ican Revolution and the establishment country. Despite some admirable ef- important difference in his commu- of the new national government. The forts, the problem has unfortunately nity. According to JAMA, Dr. May has collection contains extensive cor- not been successfully addressed by con- received local and national attention respondence with leading American po- gressional action. Given the scope of for his work to develop patient screen- litical and military leaders. The ‘‘hero the problem, it is important for all ing and counseling techniques, study to two worlds,’’ as Lafayette was Americans to focus on this issue and risk factors associated with firearm vi- called, knew many of America’s Found- contribute to the solution. I would like olence, and promote violence preven- ing Fathers well, particularly Presi- to take this opportunity to commend tion awareness. May has developed a dents Washington, Adams, Jefferson, the American Medical Association for simple mnemonic device involving the and Monroe. A preliminary examina- taking a leadership role in drawing word ‘‘guns’’ to assess whether some- tion of the papers indicates that some public attention to this issue. one is at risk for a firearm injury: Is of this correspondence may be the only The June issue of the Journal of the there a gun in your home? Are you existing records of lost original letters. American Medical Association (JAMA) around users of alcohol or other drugs? There is substantial documentation on is a prime example of the AMA’s com- Do you feel a need to protect yourself? the American Revolution, including a mitment. This issue focuses on the re- Do any of these situations apply to secret code used by Lafayette and cent emphasis in the medical commu- you: Seen or been involved in acts of Washington and Lafayette’s hand- nity on addressing violence as a public violence? Sadness? School-aged chil- written accounts of his 1781 campaign health issue. Putting violence in this dren at home? Furthermore, May be- in Virginia and of the siege of York- context raises the profile of the issue lieves that physicians must work to town. There are important documents and, I believe, greatly contributes to deglamorize the gun, as they have done concerning the participation of the creating better solutions. with cigarettes: Unfortunately, guns French Navy in the war. Also of inter- For example, an editorial entitled and violence are promoted as powerful, est are notes from visits to Monticello ‘‘The Unrelenting Epidemic of Violence sexy, and effective. It’s no wonder that after the war where Lafayette and Jef- in America’’ lists grim statistics about young people are drawn to them and, ferson discussed the subject of slavery. the prevalence of violence in our soci- tragically, killed by them. In addition, the collection contains ety, and estimates the tremendous so- The June issue of JAMA is not, how- original material regarding Lafayette’s cial and medical costs to society ever, the first example of the AMA’s role in the French Revolution and his caused by this violence. The editorial commitment to exploring the issue of imprisonment and exile from 1792–1799. then calls upon physicians to take an violence. In 1994, the AMA joined with It records his interactions with every active role in working to reduce the the American Bar Association and major French leader from Louis XVI to magnitude of this problem, and offers nearly 100 other groups in presenting Napoleon and his activities during the advice on ways to proceed: the National Conference on Family Vi- Napoleonic and post-Napoleonic period. Patient centered interventions may in- olence: Health and Justice. This impor- It also contains significant correspond- clude education that emphasizes primary tant conference focused on the disturb- ence with leaders of national liberation prevention, such as discussing the hazards of ingly widespread problem of family vi- movements in Poland and South Amer- firearms and encouraging safe firearm stor- olence, and made specific recommenda- age practices, appropriately screening for tions, such as primary prevention ica, including Simon Bolivar. Further- child abuse, domestic violence, and elder more, the Lafayette papers reveal his abuse, and identifying and initiating proper through education, early intervention private life—the father, husband and counseling for harbingers of violence such as in at-risk families, and the develop- farmer. alcohol and other substance abuse, behav- ment of community-coordinated efforts Through the process of microfilming, ioral problems, emotional disorders, and in- to address this problem. important pieces of the Library’s col- adequate social support. My colleagues, the Nation’s physi- lection are protected from extensive JAMA also encourages physicians to cians, and all Americans, can learn and damaging handling. Microfilmed become antiviolence advocates by par- from the articles in the June issue of presidential papers are used quite ticipating in community, State, or na- JAMA. But more importantly, we can often—I have found occasion to explore tional public health policy debates on all learn from the AMA’s example of S 12750 CONGRESSIONAL RECORD — SENATE September 6, 1995 civic responsibility. I applaud their ef- I recommend that the Senate con- ters. Mutual assistance available under forts and encourage my colleagues to sider this Treaty as soon as possible, the Treaty includes: (1) taking the tes- review the June issue and share it with and give its advice and consent to rati- timony or statements of persons; (2) medical professionals in their commu- fication of the Treaty, with Annex and providing documents, records, and arti- nities.∑ Protocol, at an early date. cles of evidence; (3) serving documents; f WILLIAM J. CLINTON. (4) locating or identifying persons or THE WHITE HOUSE, September 6, 1995. items; (5) transferring persons in cus- REMOVAL OF INJUNCTION OF SE- tody for testimony or other purposes; CRECY—TREATY DOCUMENT NO. To the Senate of the United States: (6) executing requests for searches and 104–19, TREATY DOCUMENT NO. With a view to receiving the advice seizures; (7) assisting in forfeiture pro- 104–20, AND TREATY DOCUMENT and consent of the Senate to ratifica- ceedings; and (8) rendering any other NO. 104–21 tion, I transmit herewith the Treaty form of assistance not prohibited by Mr. GRASSLEY. Madam President, Between the Government of the United the laws of the Requested State. as in executive session, I ask unani- States of America and the Government I recommend that the Senate give mous consent that the injunction of se- of the Republic of Hungary on Mutual early and favorable consideration to crecy be removed from the following Legal Assistance in Criminal Matters, the Treaty and give its advice and con- three treaties transmitted to the Sen- signed at Budapest on December 1, 1994. sent to ratification. ate on September 6, 1995, by the Presi- I transmit also, for the information of WILLIAM J. CLINTON. dent of the United States: The Invest- the Senate, the report of the Depart- THE WHITE HOUSE, September 6, 1995. ment Treaty with Albania, treaty doc- ment of State with respect to the Trea- f ument No. 104–19; the Treaty with Hun- ty. gary on Legal Assistance in Criminal The Treaty is one of a series of mod- ORDERS FOR TOMORROW Matters, treaty document No. 104–20; ern mutual legal assistance treaties Mr. GRASSLEY. Madam President, I and the Treaty with Austria on Legal that the United States is negotiating ask unanimous consent that when the Assistance in Criminal Matters, docu- in order to counter criminal activities Senate completes its business today, it ment No. 104–21. more effectively. The Treaty should be stand in recess until the hour of 9:30 I further ask unanimous consent that an effective tool to assist in the pros- a.m. on Thursday, September 7, 1995; the treaties be considered as having ecution of a wide variety of modern that following the prayer, the Journal been read the first time; that they be criminals, including members of drug of proceedings be deemed approved to referred, with accompanying papers, to cartels, ‘‘white-collar’’ criminals, and the Committee on Foreign Relations date, the time for the two leaders be terrorists. The Treaty is self-executing. reserved for their use later in the day; and ordered to be printed; and that the The Treaty provides for a broad President’s messages be printed in the that there then be a period for the range of cooperation in criminal mat- transaction of morning business, not to RECORD. ters. Mutual assistance available under extend beyond the hour of 10:30 a.m., The PRESIDING OFFICER. Without the Treaty includes: (1) taking testi- objection, it is so ordered. with Senators permitted to speak for mony or statements of persons; (2) pro- up to 5 minutes each, with the follow- The messages of the President are as viding documents, records, and articles follows: ing exception: Senator MCCAIN, 30 min- of evidence; (3) serving documents; (4) utes; further, that at the hour of 10:30, To the Senate of the United States: locating or identifying persons or the Senate immediately resume consid- With a view to receiving the advice items; (5) transferring persons in cus- eration of H.R. 4, the welfare reform and consent of the Senate to ratifica- tody for testimony or other purposes; bill, with the time between 10:30 a.m. tion, I transmit herewith the Treaty (6) executing requests for searches and and 3:30 p.m. equally divided between Between the Government of the United seizures; (7) assisting in forfeiture pro- the two managers; further, at 3:30 p.m., States of America and the Government ceedings; and (8) rendering any other Senator DASCHLE be recognized for up of the Republic of Albania Concerning form of assistance not prohibited by to 15 minutes, to be followed by Sen- the Encouragement and Reciprocal the laws of the Requested State. ator DOLE for up to 15 minutes of de- Protection of Investment, with Annex I recommend that the Senate give bate. and Protocol, signed at Washington on early and favorable consideration to The PRESIDING OFFICER. Without January 11, 1995. I transmit also, for the Treaty and give its advice and con- objection, it is so ordered. the information of the Senate, the re- sent to ratification. f port of the Department of State with WILLIAM J. CLINTON. respect to this Treaty. THE WHITE HOUSE, September 6, 1995. PROGRAM The bilateral investment Treaty (BIT) with Albania will protect U.S. in- To the Senate of the United States: Mr. GRASSLEY. Madam President, vestment and assist the Republic of Al- With a view to receiving the advice for the information of all Senators, the bania in its efforts to develop its econ- and consent of the Senate to ratifica- Senate will resume consideration of omy by creating conditions more favor- tion, I transmit herewith the Treaty the welfare reform bill at 10:30 a.m. to- able for U.S. private investment and Between the Government of the United morrow. Under a previous order, there thus strengthen the development of its States of America and the Government will be a rollcall vote on the Daschle private sector. The Treaty is fully con- of the Republic of Austria on Mutual amendment No. 2282, as modified, at 4 sistent with U.S. policy toward inter- Legal Assistance in Criminal Matters, p.m. tomorrow. The vote on the national and domestic investment. A signed at Vienna on February 23, 1995. Daschle amendment will be the first specific tenet of U.S. policy, reflected I transmit also, for the information of vote of Thursday’s session. However, in this Treaty, is that U.S. investment the Senate, the report of the Depart- rollcall votes are expected thereafter abroad and foreign investment in the ment of State with respect to the Trea- on other amendments on the welfare United States should receive national ty. reform bill, and a late night session is treatment. Under this Treaty, the Par- The Treaty is one of a series of mod- expected in order to make substantial ties also agree to international law ern mutual legal assistance treaties progress on that bill. standards for expropriation and com- being negotiated by the United States f pensation for expropriation; free trans- in order to counter criminal activity fer of funds related to investments; more effectively. The Treaty will en- ORDER FOR RECESS freedom of investments from perform- hance our ability to investigate and Mr. GRASSLEY. Madam President, I ance requirements; fair, equitable, and prosecute a wide variety of offenses, in- ask unanimous consent that following most-favored-nation treatment; and cluding drug trafficking, violent a statement by the Democratic leader, the investor’s or investment’s freedom crimes, and ‘‘white-collar’’ crimes. The that the Senate recess as previously or- to choose to resolve disputes with the Treaty is self-executing. dered. host government through international The Treaty provides for a broad The PRESIDING OFFICER. Without arbitration. range of cooperation in criminal mat- objection, it is so ordered. September 6, 1995 CONGRESSIONAL RECORD — SENATE S 12751 The Senate minority leader. CLAIBORNE PELL: A TRUE PUBLIC mark education legislation of the past f SERVANT three decades, including reducing fi- nancial barriers to higher education, SENATOR BILL BRADLEY Mr. DASCHLE. Madam President, in his commencement address at Syracuse with the educational grants that bear Mr. DASCHLE. Mr. President, our University in 1957, Senator John F. his name. He has taken a leading role friend and colleague BILL BRADLEY has Kennedy called American politics one in the creation of the Nation’s most said that he has always preferred mov- of this country’s ‘‘most neglected, important educational and cultural in- ing to standing still. When the 104th most abused, and most ignored profes- stitutions, including the National En- Congress adjourns around a year from sions.’’ dowment for the Arts and the National now, the senior Senator from New Jer- ‘‘As one who is familiar with the po- Endowment for the Humanities. sey will move on to new challenges in litical world,’’ Senator Kennedy told He has also sought to make not only his life and career, and we will feel the the graduates: ‘‘We stand in serious the country, but also the world, a bet- loss of one of the most principled and need of the fruits of your education. ter place in which to live and work. As thoughtful Members of this body. Bear in mind, as you leave this univer- a U.S. Senator and chairman of the While Senator BRADLEY has expressed a sity and consider the road ahead, not Senate Foreign Relations Committee, deep sense of disappointment in the the sneers of the cynics or the fears of he has worked tirelessly to promote country’s current political climate, I the purists.’’ Instead, he urged us to international cooperation through his know that he will be able to look back bear in mind that politics has been a work on behalf of arms control agree- on his career in the Senate with a last- home as well as a noble career to ing sense of pride in his accomplish- ments and international environmental America’s best and brightest. ments on behalf of the people of New treaties. As Senator MOYNIHAN pointed In the early days of our Republic, Jersey, and of the Nation. out yesterday, Senator PELL has there were George Washington, Thom- BILL BRADLEY’s work in the Senate ‘‘brought to the Senate floor two of the has been remarkable for the breadth of as Jefferson, James Madison, John most important treaties for the control its legislative range, and for the depth Adams, John Quincy Adams, and of nuclear weapons in our Nation’s his- of its intellectual foundation. Whether George Mason, to name but a few. tory.’’ John Kennedy had a way of making addressing the intricacies of tax policy Just this year, he proudly rep- you feel good about yourself as well as or the broad impact of international resented the Senate at the 50th anni- your country, and he inspired many of trade proposals, his grasp of the sub- versary of the United Nations. This was us to look for ways to serve our coun- ject matter before him is unrivaled. fitting, as Senator PELL was at the try to preserve its strengths and ad- Ask any Senator who has stumbled un- United Nation’s opening ceremonies 50 dress its weaknesses. This is one of the prepared into a debate with him. BILL years ago, and he has been instrumen- reasons so many of us look back on the BRADLEY has been a legislative force to tal in the effort to further the noble Kennedy administration with fondness be reckoned with, as he will continue goals that inspired the United Nation’s and respect, and with a knowledge that to be until his last vote is cast in this creation in the first place. Chamber. we, as individuals, and we, as a coun- Mr. President, this is statesmanship Senator BRADLEY is often recognized try, are forever indebted to President for his mastery of technically intimi- Kennedy for nurturing that spirit. at its finest. It is the quest of peace— dating issues. But I will always remem- We are also indebted to another man for international cooperation for the ber him more for the passion he can who has dedicated his life to that spir- benefit of the United States and the bring to a debate than for his oft-cited it: Senator CLAIBORNE PELL. benefit of humankind. professorial prowess. In the last dec- Through the years it has been my Although Claiborne PELL is leaving ade, some of the most socially impor- privilege to work with the senior Sen- the Senate, he has pledged to continue tant and emotionally powerful state- ator from Rhode Island, I have only ‘‘to fight for the values and programs’’ ments on the subject of racial strife in known him to stress the positive, never that he considers vital. America have been delivered from the the negative. He has always looked for the best in us, instead of dwelling upon How pleased I was to hear that prom- heart and soul of Senator BRADLEY. ise. We will continue to need his spirit, When Senator BRADLEY takes the our faults. Never once have I heard him his energy, and his dedication to mak- floor to speak, or offers a legislative berate an opponent, or disparage this ing the good fight. Therefore, instead solution to a national problem, he institution. of saying goodbye, I will simply thank comes armed with formidable argu- He has sought to bring us together him for the years he gave to the people ments and effective insights. When instead of divide us. To make the sys- of Rhode Island and to the people of BILL BRADLEY takes up an issue or tem work better, instead of despairing this great country. takes on a cause, he will likely succeed it. in what he’s set out to achieve. This is To Senator PELL, as it was with I urge all of my colleagues in the the result of a rare combination of the President KENNEDY, politics is an hon- Senate and in the House, and those in competitiveness with which he was orable profession, an enriching experi- other great political arenas, to be a bit clearly born, and the credibility he has ence and meaningful service. The polit- more like Senator PELL, to look for the earned through a life in public service. ical arena is where ordinary people can high roads, not the lowest ones. We If you are a working-class American, accomplish great things. Claiborne should summon America’s best to step then BILL BRADLEY has served you PELL understood that. up onto the political stage, not scare well. If you are poor or disadvantaged, In announcing his intention to leave them away from it. That is something BILL BRADLEY has made your concerns the Senate, this gentle and good man Claiborne PELL has done remarkably his cause. Through the din of violence remarked: well for 34 years. and divisiveness in our society, BILL I continue to believe that government, and I yield the floor. BRADLEY has been a voice of healing. In the Federal Government in particular, can the face of monied special interests, and should make a positive impact on the f BILL BRADLEY has been a fighter for lives of most Americans. fairness and economic justice. BILL Through his efforts, the Federal Gov- RECESS UNTIL 9:30 A.M. BRADLEY has been a credit to the Sen- ernment has made a positive impact. TOMORROW ate, to the Nation, and to public serv- In his 34 years in the Senate, Senator ice. He has been a powerful advocate PELL used the system, with all of its The PRESIDING OFFICER. Under for the values that so many of us share, faults and limitations, to make our the previous order, the Senate stands and I look forward to working with country a better place to live, a better in recess until 9:30 a.m. him on the vital matters we will face place to work, and a better place to Thereupon, the Senate, at 7:43 p.m., together in the months remaining in raise a family. He has taken a leading recessed until Thursday, September 7, his term. role in passage of much of the land- 1995, at 9:30 a.m. September 6, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1703 EXTENSIONS OF REMARKS

SENATOR DOLE’S CALL FOR REC- ever again is even tempted to threaten us, at The report follows: OGNIZING ENGLISH AS AMERI- all. LOBBYING AND SPECIAL INTERESTS But if we are to return this country to CA’S OFFICIAL LANGUAGE Governing in America has become increas- greatness, we must do more than restore ingly difficult in recent years. Part of the America’s defenses. We must return as a peo- problem is that the country is much bigger ple to the original concept of what it means HON. GEORGE P. RADANOVICH than it used to be. Since World War II, the to be American. This means tackling sub- OF CALIFORNIA population of the U.S. has grown from 130 jects the arbiters of political correctness IN THE HOUSE OF REPRESENTATIVES million people to 260 million. The country don’t even want discussed: For example, has become much more diverse: more than Wednesday, September 6, 1995 English must be recognized as America’s of- half of all California voters in the 1996 elec- ficial language. Western tradition and Amer- Mr. RADANOVICH. Mr. Speaker, many of tion will be non-white, and some of my col- ican greatness must be taught in our us in this HouseÐindeed, close to 200 of usÐ leagues will barely speak a word of English have joined in sponsoring various legislative schools. And the Federal government just end its war on traditional American values. during their next congressional campaign. measures that would declare English as our America has always been more than just a The country also faces difficult policy is- country's official language. Beyond mere dec- place on a map, it has held a claim on our sues—from balancing the budget to the chal- laration, and depending on the particular pro- hearts. We are a nation dedicated to a propo- lenge of cheap labor abroad. But part of the posal, these bills and resolutions contain var- sition: that all men and women are created problem is also the increasing role of special interests in the political process. ious mechanisms of implementation and en- equal, endowed by our Creator with certain, inalienable rights. Our forefathers rejected Special interests groups have become forcement. much more numerous and well-organized in The movement behind recognizing English race and religion as the forces to form a na- tion, choosing instead the ideals of freedom recent years. Washington, of course, has al- as our official language, I believe, is growing and democracy. It was a radical gamble, and ways had lobbyists, and contacting Members by the day. I continue to receive communica- ever since we have held it to be an article of of Congress is a basic form of political ex- tions from my constituents, asking that we, in faith that those who would be Americans pression. But we have far more lobbyists now Congress, take action accordingly, and I am must first abandon lesser allegiances. As than ever before and they have become very pleased to be a cosponsor of two such Eng- Franklin Roosevelt once said, ‘‘Americanism sophisticated and aggressive. Lobbying is one of the biggest growth industries around. lish language measures, H.R. 123 and H.R. . . . is not, and never was, a matter of race and ancestry.’’ There are more than 12,000 registered lobby- 1005. Succeeding waves of immigrants have been ists in Washington today, three times more And, Mr. Speaker, it is with this emerging drawn to America by this idea. Lacking the than 20 years ago, but studies show that English energy in mind that I take particular centuries-old, primal bonds of other nations, there are actually close to 100,000 people in pleasure in making available excerpts from a we have used our language, our history and Washington who conduct lobbying activities. speech by the distinguished majority leader of our code of values to make the American ex- I used to hear from just a few farm groups on the U.S. Senate, BOB DOLE, in which he periment work. We have used them to forge agricultural legislation, for example. Today stressed the unifying role of one language. millions of diverse individuals into one peo- there are dozens of groups that represent ple with a common purpose. Language, his- every commodity; not long ago I was visited Senator DOLE addressed the American Legion tory and values: these are the strings that by people representing Hawaiian Macadamia Convention in Indianapolis, IN, earlier this bind our hearts to America. These are the nut growers. Many lobbyists now also rep- week on Labor Day. forces that have held us together—allowing resent foreign governments or companies. You are Freedom’s heroes and American us to be diverse and yet united, to absorb un- In recent years lobbyists have also greatly patriots, and I’m proud to be among you. told millions of immigrants while coming expanded their grassroots efforts—trying to Each of you has answered America’s call— the closest any country ever has to the class- persuade ordinary voters to advocate by whether it was to fight for our freedom, or to less, upwardly mobile society of our ideals. their letters and contacts with legislators. defend the peace in which we have prospered But these keys to unity are under attack They use the technologies of the electronic for so many years. Each of you knows what from our government and from intellectual age and can quickly reach and recruit thou- it means to wear the uniform of your coun- elites who seem embarrassed by America. sands of Americans. With their increasing try, to put your country first and to be will- What we see as opportunity they see as op- numbers and influence, lobbyists have be- ing to bear any sacrifice to keep her free. pression. Where we see a proud past, they see come a real power in Washington. They can Because of you, and those who came before a legacy of shame. What we hold as moral organize mass demonstrations and flood you, we Americans are the freest people on truth, they call intolerance. They have false Members’ offices with phone calls, fax mes- earth. And you know as well as I do how we theories, long dissertations and endless stud- sages, and letters. stay that way; we must remain the strongest ies to back them up. But they know so much BENEFITS OF LOBBYISTS country on earth. they have somehow missed the fact that the In some ways the growth of these interest That’s what I want to talk with you about United States of America is the greatest groups and lobbying efforts is healthy. I today. Keeping America strong—in her force for good the world has ever known. sometimes walk through the halls of Capitol might and in her heart, in the face of exter- Yes, we have our faults. But part of what nal enemies and in the presence of threats makes me so proud to be an American is the Hill and think I am in the middle of a con- from within. America is still the land of the constant effort of our people to do better—to vention or jamboree. Americans of all per- free and the home of the brave, and a great make our country right and good and just. suasions are clamoring to be heard. No single century of hope and opportunity is about to Unfortunately some policies and programs group dominates and freedom of expression unfold before us. But to claim that future, born out of that desire have gone awry. is widespread and vigorous. Lobbyists can play an important role in America needs your help. For some in Amer- Begun for the best of reasons and then hi- the legislative process. They help to facili- ica believe our might is no longer needed, jacked by the Embarrassed-to-be-American tate the flow of information between legisla- and some think our definition of what it crowd, certain Federal programs are untying means to be an American is out of date. the strings of citizenship. tors and their constituents, and they are well-informed and have detailed knowledge Of course, neither is true. Can there be any f doubt that the world is still a dangerous of the issues and Washington politics. They place? Yes, the Cold War is over. We won one LOBBYING are often skillful in bringing contending par- of humanity’s greatest struggles against to- ties together and building coalitions. With talitarianism and oppression. But today their growing numbers, they are also able to peace is threatened and dark forces are mul- HON. LEE H. HAMILTON organize constituent interests and get broad tiplying in almost every corner of the world. OF INDIANA numbers of people involved in grassroots lob- For the demands of freedom require us to IN THE HOUSE OF REPRESENTATIVES bying. Lobbyists often play an integral role modernize our forces, to maintain our tech- Wednesday, September 6, 1995 in representing less prominent interests by nological edge, and to ensure that America publicizing their causes. remains the world’s one and only super- Mr. HAMILTON. Mr. Speaker, I would like to DRAWBACKS power. We will never apologize for that. Our insert my Washington Report for Wednesday, But the current lobbying system does have goal is not just to be strong enough to turn August 9, 1995, into the CONGRESSIONAL drawbacks. Sometimes it seems that every- back a threat. We must be so strong no one RECORD. body is represented except the average man

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1704 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 1995 and woman, and that their interests can be Bosco Tech is celebrating 40 years of service Bevilacqua, Archbishop of Philadelphia will be lost in all the special pleading. to the San Gabriel Valley and the Greater Los the main celebrant. Hoosiers are rightly concerned about the Angeles area. Since 1955, young men have I hope my colleagues will join me today in influence lobbyists have in our federal gov- wishing Rev. Gerald D. Canavan and the con- ernment. The efforts of lobbyists can at tackled the rigorous and challenging curricu- times go too far—giving lavish gifts to influ- lum that this notable high school offers. gregation of Our Lady of Mount Carmel Rec- ential Members, helping to funnel large con- Like most high schools, Bosco Tech offers tory a very happy 100th anniversary. I wish tributions to campaign coffers, using strong- college preparatory academic courses, inter- Our Lady of Mount Carmel Rectory the very arm tactics to get action on their particular scholastic athletics and extracurricular activi- best in its next 100 years of service to the agenda, and drafting entire sections of bills ties. What sets this school apart from the rest American Catholic community in South Phila- or official committee reports. Current lobby- is the intensive instruction and practical expe- delphia. ing regulations requiring the public disclo- rience in technology. Students specialize in f sure of lobbyists’ expenses and activities are technological areas such as, design, elec- vague and are generally considered inad- PERSONAL EXPLANATION equate. tronics and computer, graphic communication, Lobbyists’ efforts can cancel each other manufacturing, materials science, power and out. Members of Congress often witness a transportation, and construction technology. HON. MATTHEW G. MARTINEZ clash of sophisticated and aggressive interest Students select one of these areas to con- OF CALIFORNIA groups attempting to achieve contradictory centrate on after first taking introductory IN THE HOUSE OF REPRESENTATIVES policy goals. They push and pull in so many courses in at least four of the previously men- Wednesday, September 6, 1995 different directions that nothing seems to tioned subjects. Based on their preference, as move anywhere. They add many issues to the Mr. MARTINEZ. Mr. Speaker, although I in- public agenda and that just makes it much well as faculty and parental consultation, stu- tended to vote for S. 21, the Bosnia and more difficult to get legislation passed— dents select a final technological major. Herzegovina Self-Defense Act, on August 1, hence gridlock and a greater level of public Bosco Tech students also have the option 1995, my vote was recorded in the negative. dissatisfaction. of remaining at the school for a fifth year of As my voting record reflects, I have consist- NEED FOR REFORM study. During this time, they can attain an as- ently supported all efforts to lift the arms em- All of this has brought about more pres- sociate of science degree in their selected bargo on Bosnia and Herzegovina. areas of specialization. Whichever option a sure for lobbying reform. I support several f reforms. We should require disclosure of who student chooses, he will be significantly more is paying the lobbyist, how much is being prepared for the challenges that await than TRIBUTE TO EUPHRATES ABBITT, paid, what federal agencies and congres- many of his peers. OUTSTANDING EDUCATOR sional committees are being lobbyied, and The methods used at Bosco Tech are a the issues involved. Lobbyists should be re- definite success. Their acceptance rate at HON. CARRIE P. MEEK quired to identify how much is being spent major colleges and universities for graduates on activities such as mass mailing cam- OF FLORIDA paigns. We should prohibit Members of Con- is unparalleled in the Greater Los Angeles IN THE HOUSE OF REPRESENTATIVES area. Bosco Tech alumni are leaders in their gress and their staffs from accepting gifts Wednesday, September 6, 1995 from lobbyists. Voters have a right to be fields and communities. It is no surprise that skeptical about some of the gifts Members they attribute much of their success to their Mrs. MEEK of Florida. Mr. Speaker, it is my can now legally take. We should also require time spent at Bosco Tech. great pleasure to join the family, friends, and the public disclosure of bill language or com- Mr. Speaker, I ask my colleagues to join me coworkers of Euphrates Abbitt in recognizing mittee report language drafted by lobbyists. in paying tribute to this widely recognized and her 33 dedicated, consecutive years of service The Senate recently passed measures to im- respected school. For 40 years, Don Bosco to our community. Her retirement from Key pose a gift ban and to improve lobbying dis- closure; the House should follow suit. Technical Institute has invested in the future of Biscayne Elementary on June 23, 1995, was Lobbying reform is needed, but it must be America by preparing tomorrow's leaders. truly a loss for the Dade County Public balanced. We must not reach too far and try f Schools. to restrict legitimate lobbying activities and Euphrates graduated from Middle Township public contact with Members of Congress. SALUTE TO THE CENTENNIAL AN- High School in Cape May Court House, NJ, in Almost any attempt by the government to NIVERSARY OF OUR LADY OF 1957, She began her higher learning at Ed- limit private and nongovernmental entities MOUNT CARMEL RECTORY ward Waters College period in Jacksonville, from using their own private funds to lobby FL, and received a BS degree from Florida will be difficult due to the First Amendment. A&M University. Euphrates continued her Individuals who lobby on their own behalf or HON. THOMAS M. FOGLIETTA volunteers who lobby on behalf of a group OF PENNSYLVANIA studies in the field of education as she grad- should not be covered. In regulating lobby- IN THE HOUSE OF REPRESENTATIVES uated with honors from Indiana University with a master of science in Education. She contin- ists we have to be very careful to protect Wednesday, September 6, 1995 free speech and specifically careful to ex- ued her postgraduate work in education at the clude from regulation contacts from church- Mr. FOGLIETTA. Mr. Speaker, I rise today University of Miami and Florida International es and related groups. to salute the centennial anniversary of Our University. CONCLUSION Lady of Mount Carmel Rectory. Euphrates Abbitt began her long career in Lobbying will always remain an important In 1896, Our Lady of Mount Carmel Rectory education as a creative fourth grade teacher part of our political process because of the was established on 2319 South Third Street, at Poinciana Park Elementary. She eventually First Amendment right to petition the gov- in South Philadelphia. Our Lady of Mount Car- taught all elementary grades. Through her ernment for redress of grievances, but there mel Rectory has witnessed many changes hard work and willingness to learn new tech- are abuses that need to be checked. Our throughout the years. Our Lady of Mount Car- niques, Euphrates soon became known goals should not be to try to stamp out lob- mel Rectory has been blessed with 10 pastors bying entirely, but to improve the current among her peers for her dedication to teach- system so that it becomes more open and ac- since its creation including the founding pas- ing excellence. countable and enables us to take the mul- tor, the Rev. Bernard F. Gallagher, to the In 1969, when integration was introduced tiplicity of interests in this country and present pastor, the Rev. Gerald D. Canavan. into the Dade County Schools, Euphrates forge them into the national interest. Today the church hosts many organizations to Abbitt was among those teachers who made it f reach out to its parishioners: Catholic Youth happen. She felt close to the students she Organization, Senior Citizens' Club, Parish taught, and they had confidence in her. She TRIBUTE TO DON BOSCO Choir, Pastoral Council. The parish also main- expresses, ``If I can reach just one child, then TECHNICAL INSTITUTE tains a grammar school of 457 pupils which my efforts are worth it.'' will lead Our Lady of Mount Carmel into the Over the many years of Euphrates' career, HON. ESTEBAN EDWARD TORRES next century. she successfully carried out various assign- OF CALIFORNIA In April 1996, Our Lady of Mount Carmel ments including serving as assistant principal IN THE HOUSE OF REPRESENTATIVES Rectory's parishioners will proudly celebrate and acting principal of Key Biscayne Elemen- their 100th anniversary with events beginning tary School. She has been the recipient of Wednesday, September 6, 1995 in October 1995, and lasting through Sunday, numerious awards, certificates, plaques, proc- Mr. TORRES. Mr. Speaker, I rise today to April 14, 1996, with a concelebrated Mass at lamations, and mementoes through the years pay tribute to Don Bosco Technical Institute. which the Most Reverend Anthony J. from her community, colleagues, and students. September 6, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1705 Mr. Speaker, this remarkable woman has THE 1995 FARM BILL allow reforms in other programs. However, if dedicated her life to shaping and enriching the payments are cut too low, farmers might minds and hearts of our young people. I join leave the programs, threatening erosion con- HON. LEE H. HAMILTON trol and other conservation efforts to protect with our entire community in recognizing her OF INDIANA safe drinking water. many years of hard work and dedication which IN THE HOUSE OF REPRESENTATIVES OTHER PROPOSALS has made such a huge impact on countless Wednesday, September 6, 1995 lives. Euphrates will celebrate her official re- Urban Members have proposed abolishing farm programs entirely, or reducing pay- tirement celebration on Saturday, September Mr. HAMILTON. Mr. Speaker, I would like to insert my Washington Report for Wednesday, ments to large corporate farms. Other Mem- 30, 1995, in Miami. I know that my colleagues bers have suggested an alternative budget August 30, 1995, into the CONGRESSIONAL join me in honoring Euphrates Abbitt on this that still balances the budget by 2002, but special day. RECORD. makes only one-third of the cuts in farm pro- THE 1995 FARM BILL grams described above. It is not clear which f When Congress returns to Washington of these proposals will be considered on the after Labor Day, it will begin action on the House floor. TRIBUTE TO THE LATE PROF. 1995 farm bill. Farm programs are a bewilder- MY GOALS EDWARD J. MURPHY ing variety of production limits, loans, in- come support payments, conservation pro- I believe we should move aggressively to a grams, export promotion, research, and rural market-oriented farm policy. Farmers must development. This year they are caught in have increased planting flexibility to re- HON. PETER T. KING the debate between budget constraints and spond to world markets, and regulations must be significantly reduced. Cuts in farm OF NEW YORK the traditional constituencies that support farm programs. programs will be necessary to balance the IN THE HOUSE OF REPRESENTATIVES Without much doubt, these programs have budget, but farmers should not bear a dis- contributed to the stability and strength of proportionate share of the burden. Wednesday, September 6, 1995 American agriculture. American farmers Regulation: Regulation should be reduced. produce the safest and cheapest food supply Farm programs must be streamlined and Mr. KING. Mr. Speaker, I rise today to honor in the world. Americans spend less than 15% made more flexible at the local level, with the memory of one of our Nation's most emi- of their income on food—far less than our an emphasis on voluntary incentives rather nent educators and scholars, Prof. Edward J. major competitors. While the number of than mandates. All regulations should be Murphy of the University of Notre Dame Law Americans working on farms may be small based on sound science, and the cost of regu- lations should be weighed against their bene- School who passed away on July 24. (2%), almost 20% of the country is involved in production, processing, marketing, trans- fits. Professor Murphy taught at Notre Dame port, sale, and export of agricultural prod- Research: Agricultural research and exten- from 1957 to 1994Ðand during that time was ucts. Agriculture’s success strengthens the sion have given U.S. farmers their competi- acknowledged to be an unsurpassed aca- American economy. tive edge. I do not believe agricultural re- demic authority in the area of contracts law. But, like most areas of the federal budget, search should be reduced. With global com- farm spending will be reduced over the next petition and market reforms, research Professor Murphy held the first chaired law several years. The debate in Congress centers should be a top agricultural priority. Re- professor at Notre Dame and authored the on the depth and composition of those cuts. search boosts production and develops inno- legal textbook ``Studies in Contract Law'' Unfortunately, the congressional leadership vative agricultural products, such as etha- which became the most widely used contracts may include major farm programs in a huge nol, soydiesel, and biodegradable ink. textbook in the country. omnibus budget reconciliation bill. This Trade: The United States should aggres- seven-year budget bill will include major sively act to open new markets for American Mr. Speaker, for 37 years Professor Murphy changes in Medicare, welfare, defense, stu- farmers. We should continue strong export taught every student who attended Notre dent loans, taxes, and hundreds of other promotion programs to maintain U.S. mar- Dame Law School. It was my honor and good agencies and programs. It will be thousands ket share, so long as our competitors do the fortune to have been one of those students. of pages long. Because of the enormous size same. Small businesses, such as food proc- Professor Murphy taught me contracts, nego- of the reconciliation bill, debate on the farm essors and forest product manufacturers in tiable instruments, and bills and notes and di- bill may be severely limited on the House Southern Indiana, depend increasingly on ex- floor. Several different farm bill proposals ports for growth. U.S. export promotion pro- rected a senior contracts seminar in which I are pending. grams should be aimed more at these smaller participated. I have no hesitancy in saying that SINGLE-PAYMENT PLAN businesses. Professor Murphy was the most outstanding This proposal would replace all commodity Conservation Programs: Important con- teacher I have ever had. He was hard working programs with one yearly payment. This servation programs should continue. The and dedicated and possessed an unsurpassed plan would cut farm assistance almost a Conservation Reserve Program (CRP), which ability to communicate even the most arcane half, from about $9 billion this year to $5 bil- removes environmentally important land topics. He was admired and respected by lion in 2002. Farmers would receive one re- from production, should be targeted to more environmentally sensitive areas, such as every student who ever sat in his classroom. duced payment each year based on a percent- age of their historical payments. Farmers rolling hills, waterways, and wildlife areas. Mr. Speaker, Professor Murphy loved the would not have to raise crops to receive pay- Supply Management: Programs that limit law and he loved to teach. But what made Ed ments, but they would be required to main- crop production should be cut back. Current Murphy so unique was that his teaching tran- tain existing conservation plans. production controls stabilize prices in years scended the classroom. He believed in values, One advantage of this proposal is that it of surplus by removing land from production. This reduces crop supplies and increases in principles, and in ideals and he imparted separates payments from crop planting re- quirements, and farmers would be more free prices. However, when U.S. farmers produce them to his students in all that he taught. Pro- to farm according to the market. A dis- less, foreign farmers gain world market fessor Murphy believed in God and in his advantage is that, in bad years, farm pay- share and American agribusiness loses Catholic faith and never wavered when con- ments would still decrease, and many farm- money. Strict supply management programs fronted by the forces of political correctness. ers could be forced out of business. This pro- place U.S. farmers at a competitive dis- As Notre Dame Law Professor Charles Rice posal also makes no effort to reform current advantage. noted, ``Professor Murphy uniquely integrated conservation programs, which favor Great CONCLUSION faith and morality with the law. What he taught Plains states at the expense of hillier areas In the next few weeks, I am concerned such as Southern Indiana. is sorely needed by law students today.'' these important considerations may be lost LOWER TARGET PRICE PLAN in the rush to complete a mammoth budget Mr. Speaker, Prof. Edward Murphy faced Another proposal would make equally deep reconciliation bill. Farm legislation is too death as he lived his lifeÐwith courage, with cuts, but keep the basic programs. For most important to brush off with minimal consid- dignity and with faith in God. And now I would crops, the government currently sets a tar- eration in the overall budget and reform de- ask this House to pay its own tribute to a man get price and pays farmers a deficiency pay- bate. who made such a profound impact on the ment when prices fall below the target. This The farm bill must maintain the strength lives of so many. Please join me as I express plan would lower those target prices 2 to 3 of American agriculture and move toward percent each year for seven years. That free market principles. The farm bill should my regret at the loss of Edward J. Murphy, means that deficiency payments would even- increase farmer flexibility, decrease regula- and my profoundest condolences to Mary Ann, tually be paid only if prices dropped to ex- tions, preserve a safe and stable food supply, his wife of 41 years, his 9 children, his 22 tremely low levels. This plan would keep the and provide family farmers with a decent re- grandchildren, and to his entire family. link between production and payments and turn for their labor and investment. E 1706 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 1995 TRIBUTE TO GERTRUDE ‘‘TRUDY’’ school, and as a Sunday School teacher for parent effort at scapegoating women’s sports HILL ON HER RETIREMENT over 35 years. In addition, Mrs. Jenkins has and enfeebling gender equity in college ath- represented the church as a member and del- letics should be squelched before it gets lost in the maze of frenetic congressional activ- HON. ESTEBAN EDWARD TORRES egate to the Pennsylvania State Baptist Con- ity. OF CALIFORNIA vention for over 50 years. Mrs. Jenkins has Millions of American women can attest to IN THE HOUSE OF REPRESENTATIVES been an enthusiastic leader for church func- the difference the ’70s law has made in their tions and fund raisers in the Philadelphia com- lives. Contrast the existence of pre-Title IX Wednesday, September 6, 1995 munity. mothers left out of organized sports in their Mr. TORRES. Mr. Speaker, I ask my col- In addition to her many church activities, high school and college years to their daugh- leagues assembled to join me in congratulat- Mrs. Jenkins is a strong advocate for voters ters, whose lives were immeasurably changed ing Gertrude ``Trudy'' Hill, an outstanding rights. She has worked tirelessly at the voting and enriched because they were offered more American, for her dedication to public service. polls for many years and always encouraged athletic opportunities. The same development of confidence, fit- Trudy has served the city of Whittier as the and persuaded persons to exercise their right ness, perseverance and social skills that boys city clerk-treasurer since 1981. to vote. Her strong civic and family commit- enjoyed for so many decades through sports Her expertise and knowledge of local gov- ments, as well as her determination to help programs was finally accessible—even if on a ernment earned her election to the executive others in the community is an inspiration to us much smaller scale—to girls. In addition, board of the Southern California Clerks Asso- all. like boys who play sports, girls who play ciation for 5 consecutive years. She served as Mr. Speaker, I join with the Rev. Thomas J. sports are more likely to graduate from high president in 1985 and 1986. As president, she Ritter, the congregation of Second Macedonia school. initiated an annual strategic planning session Baptist Church, and the friends of Mrs. Jen- Title IX clearly has opened doors. In the years since the gender equity law was en- for board members to develop a mission state- kins in wishing her a very happy 100th birth- acted, women’s participation in college ath- ment, as well as short- and long-term goals. day. letics has ballooned. Participation in young She also helped increase scholarship funds f women’s high school and college competitive for her State association's annual conference. sports has increased from about 300,000 to Her long list of service includes membership DEFENDING EQUAL OPPORTUNITY more than 2 million. on the board of directors of the city clerks de- ON THE PLAYING FIELDS But even after 23 years, equity is far from partment for the league of California Cities, having been achieved. Compared with men, where she also served as president. For the women in Division 1—big-time sports col- HON. TOM LANTOS leges—receive less than one-third of athletic past 18 years, Trudy served on seven commit- OF CALIFORNIA scholarship dollars, one-sixth of recruitment tees of the International Institute of Municipal IN THE HOUSE OF REPRESENTATIVES dollars and one-fifth of overall athletic budg- Clerks and currently chairs the Resource Cen- Wednesday, September 6, 1995 ets, even though they represent more than ter Committee. half of the student body. Trudy proudly credits her mother as her No. Mr. LANTOS. Mr. Speaker, I invite my col- Too many important rights are being sur- 1 role model and mentor. She says her moth- leagues to join me in condemning the rendered in the name of congressional vigor. er bestowed upon her strong determination meanspirited and utterly sexist provision in the Hard-won equal opportunity for female ath- and the belief that all things are possible. To Labor-HHS appropriations bill which would letes should not be one of them. achieve her goals, Trudy seeks a balance in begin to reverse decades of progress in the f march to gender equality in our Nation. The her life. A love for her work, seeing her staff A TRIBUTE TO CHARLOTTE F. develop as they are presented new chal- current majority's recent attack on title IX, the landmark law that opened the door to wom- LEONARD, POETESS OF lenges, helping her community through church ROSEMEAD, CA and the YMCA and spending time with her en's participation in school sports, cannot go family. Trudy is a 10-year member of Sorop- uncriticized even though it was slipped into the timist International of Whittier, a charter mem- debate just before this August recess. I draw HON. MATTHEW G. MARTINEZ ber of YMCA of Whittier, an annual participant my colleagues' attention to the following excel- OF CALIFORNIA in the Employee Art Show and an active mem- lent and pointed, August 7, 1995, editorial by IN THE HOUSE OF REPRESENTATIVES the San Francisco Chronicle, entitled ``Equal ber of Our Saviour Lutheran Church. Wednesday, September 6, 1995 Mr. Speaker, yesterday her colleagues at Opportunity On The Playing Fields,'' which, Mr. MARTINEZ. Mr. Speaker, I rise today to the city of Whittier honored her at a luncheon. unfortunately, could not be entered into the pay tribute to Miss Charlotte Leonard, a resi- I ask my colleagues to join me in paying trib- RECORD before the recess. I offer that editorial dent of Rose Manor, California Christian ute to Gertrude ``Trudy'' Hill for her commit- now, and urge my colleagues to reconsider Home in Rosemead, CA. Mrs. Leonard is the ment to her community and wishing her a the Congress' current path which would re- author of one of the most inspiring pieces of wonderful retirement. verse hard-won gains in equal opportunity for female athletes. poetry that I have ever read. I commend to f EQUAL OPPORTUNITY ON THE PLAYING FIELDS you, Mr. Speaker, and all of my fellow Mem- SALUTE TO MRS. RUBY RITTER Tucked in the ugly social spending cuts bers of Congress, both in this House and in JENKINS package approved by the House of Represent- the other body, her words: atives last week is the first salvo in a war THE CHAPEL IN THE DOME against Title IX, the landmark 1972 law that (By Charlotte F. Leonard) HON. THOMAS M. FOGLIETTA opened a long-closed door to young women OF PENNSYLVANIA who had been denied participation in school High in the dome of our Capitol Is the national altar of prayer IN THE HOUSE OF REPRESENTATIVES sports. The meanspirited appropriations measure By the light of a stained glass window Wednesday, September 6, 1995 includes restrictions on Medicaid abortions, A statesman is kneeling there Mr. FOLGIETTA. Mr. Speaker, I rise to sa- funding cuts for Head Start, prohibitions on Inspired by the Holy Bible lute Mrs. Ruby Ritter Jenkins, whose 100th lobbying by nonprofit groups, limits on the Open to the twenty-third Psalm birthday will be celebrated on September 29, authority of the Occupational Health and High in the dome of this chapel Our statesman finds peace and calm. 1995. Safety Administration and the National Labor Relations Board and termination of Mrs. Jenkins, born on September 29, 1895, In the center of the window subsides that help the poor pay their utility In this room of blue and gold is a long-time resident of Philadelphia, whose bills. Kneels the figure of George Washington birthday will be celebrated by the Second By a voice vote, the House added an With seals above and below, Macedonia Baptist Church on September 23, amendment calling for a review of Title IX, And all around the ruby red glass 1995. Mrs. Jenkins is the proud mother of the which bars sex discrimination by schools and The stars of our states, aglow. colleges receiving federal funds and requires Reverend Thomas J. Ritter, pastor of the Sec- The seven-branch candelabra that both sexes have an equal opportunity to ond Macedonia Baptist Church. Throughout Each side of the altar stand, participate in school sports. With the flag of our country to the right, her years, Mrs. Jenkins has been an invalu- The law has come under fire from some The flag of our own dear land. able member of the church in many capacities newly powerful House conservatives who are including the nurses unit, the deaconesses, sympathetic to coaches who say they are And the flowers so fair by the Bible there president of the Missionary Society, a member forced to cut back on men’s programs in Speak of the Almighty’s hand. of the church choir, a teacher of vacation bible order to comply with the law. This trans- Men of our state and our destiny September 6, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1707 Withdraw from your rush of life Kennedy Krieger Institute uses a com- THE TENTH AMENDMENT To this peaceful chapel in the dome, prehensive case management approach, ad- Away from all stress and strife. dressing not only treatment but also correction HON. LEE H. HAMILTON Renew your faith by the altar there of the child's home environment. The institute OF INDIANA Look to God for strength and wisdom, In the wonderful power of prayer. will facilitate the family's relocation to a lead- IN THE HOUSE OF REPRESENTATIVES While I understand that this poem, which free environment or abatement of lead in the Wednesday, September 6, 1995 Mrs. Leonard penned some years ago, may family's current dwelling. This crucial, com- Mr. HAMILTON. Mr. Speaker, I would like to have been included in the RECORD on an ear- monsense component in treating a wholly en- insert my Washington Report for Wednesday, lier dayÐduring the Nation's bicentennialÐit is vironmental disease has been absent from tra- August 16, 1995, into the CONGRESSIONAL my firm belief that we need this kind of re- ditional treatment. Kennedy Kreiger Institute's RECORD. minder every now and then. I commend Mrs. comprehensive approach also includes com- THE TENTH AMENDMENT Leonard's words to my colleagues and I thank munity outreach and education regarding This year has witnessed a remarkable re- Mrs. Leonard both for writing them and for sources and negative effects of lead poison- vival of the Tenth Amendment to the U.S. agreeing to share them with the Nation. ing, abatement, nutrition, and proper house- Constitution. It was until recently perhaps hold cleaning techniques. the least known, and least understood, of the f ten amendments contained in the Bill of INNOVATIVE, COST-SAVING LEAD Kennedy Krieger created a partnership with Rights, but now it comes up regularly in my POISONING PROGRAM the Maryland Department of Health and Men- meetings with constituents and public offi- tal Hygiene [DHMH] to secure a waiver from cials. It is invoked most commonly in sup- port of arguments to protect states’ rights Medicaid. DHMH pays a years capitated rate HON. BENJAMIN L. CARDIN and return more power from the federal gov- OF MARYLAND to Kennedy Krieger, a fixed amount well below ernment to the states. IN THE HOUSE OF REPRESENTATIVES normal inpatient costs. DHMH does not limit The Tenth Amendment to the Constitution its authorization of dollars to medical treatment states: ‘‘The powers not delegated to the Wednesday, September 6, 1995 only. Recognizing the institute's expertise in United States by the Constitution, nor pro- Mr. CARDIN. Mr. Speaker, today, I want to hibited by it to the States, are reserved to treating lead poisoning, the department allows the States respectively, or to the people.’’ share information on a new, innovative treat- these experts flexibility to prescribe a mix of ment and prevention system for lead poison- What precisely the amendment means has services appropriate to the individual child and been the subject of debate for over two hun- ing, conceived in Baltimore, that is achieving family. The department frees the experts to do dred years. far better results for greater numbers of chil- what is right for the child, focusing on preven- HISTORICAL BACKGROUND dren, at a dramatically lower cost than tradi- The Founding Fathers were divided on the tional treatments. Approximately 15 percent of tion and reducing the revolving door syn- drome. Isn't it refreshing to see a government significance of the Tenth Amendment. The the children in the United States, that is one delegates to the Constitutional Convention in every six under 6 years of age, have high agency act sensibly, removing constraints for did not include such language in the original levels of lead in their blood. I urge my col- real, lasting results for these children? Constitution because they thought it was leagues, whose constituents face this problem, The results have been striking. Since the not necessary. According to this view, the to take note of this treatment model and con- program's inception in the summer of 1994, Constitution gave the new federal govern- sider endorsing the approach in their own dis- ment specific powers, such as the powers to 150 children from 133 families have been en- tax and regulate interstate commerce; and tricts. rolled; 95 percent of the children have lower powers not granted to the federal govern- The sad truth is that, even though lead poi- blood lead levels at the second visit than at ment could not be exercised by it, and were soning is entirely preventable, it is the No. 1 the enrollment visit and continue to have lower therefore reserved to the states. environmental disease that threatens children blood lead levels; 84 percent of the families But fear of central authority was wide- in our country. The long term effects of lead spread and there emerged strong support, who brought their children to the Kennedy can cause learning disabilities, hyperactivity, during the ratification process, for an ex- Krieger Institute for their second visit now live impaired hearing and speech, even brain dam- plicit guarantee that the states should re- in lead safe environments; and 60 families tain control over their internal affairs. age. have participated in educational programs, Hence, the Tenth Amendment was included Most children are treated for lead poisoning in the Bill of Rights. Some Founding Fa- on an outpatient basis and receive chelation and a team of six individuals is being trained in the first Lead Patrol class to educate their thers, such as James Madison, viewed the therapy. Children with dangerously high levels Tenth Amendment as merely rhetorical—a of lead in their bodies are treated on an inpa- communities about lead poisoning issues. provision intended to allay public fears tient basis. The good news is that traditional Substantially improved results are only the about new federal powers, without limiting treatments are usually reimbursed by insur- beginning. When the historical costs of treat- those powers in any substantive way. Others, like Thomas Jefferson and other states’ ance companies and provide necessary relief ing children with lead poisoning are applied to to the children. The bad news is that tradi- rights advocates, viewed it as the bulwark the current group of children enrolled in the against abuse of federal powers. tional treatment has not focused on the root program and compared with the current costs The Supreme Court has over the years cause of lead poisoning: the child's environ- to payors, the program costs represent 37 per- changed its approach to the Tenth Amend- ment. This often leads to multiple poisonings cent of the historical costs. During its first year ment. Early on the Court paid little heed to and very costly medical care for each child. it. Subsequent Courts, however, invoked the of operation, the total cost savings will reach This revolving door syndrome is traumatic for Tenth Amendment to curtail powers ex- $2 million, of which the State of Maryland will the child and family, frustrating for care pro- pressly granted to Congress, particularly the vides and costly to the payors. save between $500,000 and $1 million. Not powers to tax and regulate interstate com- An exciting new model, called the Commu- only has Kennedy Krieger reduced the costs merce. But then the tide turned again. Dur- ing the Great Depression, in the face of nity Lead Poisoning Prevention and Treatment of treating lead poisoned children, it has also improved upon the quality of care given. mounting public opposition and a hostile Center, created by the Kennedy Kreiger Insti- President Roosevelt, the Court retreated, af- tute, a leading speciality pediatric facility lo- I have simplified my explanation of the pro- firming the Social Security Act and other cated in Baltimore, MD, offers a leap forward gram in the interest of time. There is so much New Deal laws. The Court thereafter tended in lead poisoning treatment and a significant more to this exciting program, and I urge you to defer to Congress in the exercise of its reduction in costs to State and Federal Gov- to encourage your local pediatric hospitals and constitutional powers. ernment. health departments to contact the Kennedy REVIVED INTEREST The key elements to the model are: The Tenth Amendment has made a strik- Krieger Institute. In the interest of children Kennedy Kreiger Institute provides a com- ing comeback in the last year. The Supreme munity-based setting for chelation therapy, a across the Nation, the institute will be happy Court invoked the amendment in the course renovated rowhouse conveniently located near to share information and work with local orga- of striking down a federal law banning gun the outpatient clinic. This is important because nizations to replicate the model in towns and possession near a school on the ground that Congress had overstepped its constitutional it allows children to be treated in a home-like cities where lead poisoning is such a tragic, yet preventable problem. authority to regulate interstate commerce. setting, ensures that they live in a lead-free Members of Congress have also acted in the environmentÐthus avoiding repeated poison- name of the Tenth Amendment to rein in ingÐand it costs much less than in-hospital federal powers and return more responsibil- treatment. ities to the states. E 1708 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 1995 There are several factors driving the re- CONGRATULATIONS REV. WILLIAM liam succeeded in developing family-wage newed interest in the Tenth Amendment. J. KEY jobs for residents of northwest Indiana. As In- First is the general hostility to the federal diana's International Port at Burns Harbor, IN, government; there is a sense that govern- HON. THOMAS M. FOGLIETTA celebrates its 25th anniversary, the citizens of ment is too intrusive in peoples’ lives and northwest Indiana can thank William for his too disruptive of business. Second is the view OF PENNSYLVANIA dedication to the Port Commission to make In- that problems can best be handled by those IN THE HOUSE OF REPRESENTATIVES diana's ports a success. closest to them, namely state and local gov- Wednesday, September 6, 1995 ernments and individual citizens. Third is William's determination to better northwest the federal budget deficit, which requires Mr. FOGLIETTA. Mr. Speaker, I rise today Indiana for all of its residents did not stop in that more responsibilities be shifted to to congratulate the Rev. William J. Key on his the business community. In 1968, William un- states as cost-saving measure. installation as pastor of the Zion Baptist derwent surgery for cancer of the larynx and Church, located in North Philadelphia. then traveled to Arizona to learn to speak BALANCED APPROACH Reverend Key, educated at Morehouse Col- without a voicebox. He later counseled people I am generally supportive of efforts to re- lege, Indiana University, and the Howard Uni- facing the same operation. turn power to the states. The federal govern- versity School of Divinity, began his tenure Mr. Speaker and my other distinguished col- ment has become too large, bureaucratic and with the Zion Baptist Church over 12 years leagues, William Kenefick's legacy is a superb intrusive, and needs to be downsized. I have ago, first as a minister of youth and young example of how the business community can supported measures to cut the federal adults and later as executive director of the make a difference for everyone in northwest workforce, turn more responsibilities over to Zion Community Center. Indiana. William will be missed by all who the states, and reduce government spending. Reverend Key has been responsible for loved him. However, I am uncomfortable with the many valuable projects in the North Philadel- f proposition that the Tenth Amendment phia community including community outreach forces us to take such actions. The Tenth by joining with Zion Social Services and the TRIBUTE TO HARLAN MILLER, Amendment raises the question of how pow- Frontiers in developing and implementing Life LONG BEACH, CA ers should be distributed in our system of Planning workshops and activities for church government, without really answering that and neighborhood youth. Reverend Key also HON. NORMAN Y. MINETA question. The Constitution has to be read as managed and developed 15 community OF CALIFORNIA a whole, with consideration given to other empowerment programs directed to the clauses which provide large powers to the IN THE HOUSE OF REPRESENTATIVES Nicetown-Tioga community and established federal government. The Constitution is am- Wednesday, September 6, 1995 biguous on the question of where federal the Joseph DeBerry Choir. Reverend Key's Mr. MINETA. Mr. Speaker, I rise today to powers end, such as the regulation of inter- management capabilities coupled with his state commerce, and where state powers strong prayer life and leadership skills have pay tribute to a fellow Californian and friend, begin. We have never been able to resolve greatly contributed to Zion Baptist Church's Harlan Miller of Long Beach, who is nearing how much power should be kept at the cen- spiritual success and enrichment. completion of his 1-year term as president of ter of the federal government and how much I hope my colleagues will join me today in the Independent Insurance Agents of America could be left to the states. That was a tough congratulating the Reverend William J. Key on [IIAA]. Mr. Miller is president of Hamman-Mil- call in 1789 and it is a tough call in 1995. his installation as pastor for the Zion Baptist ler-Beauchamp-Deeble, Inc., an independent Americans have always been hesitant to Church. I wish the Reverend Key and the Zion insurance agency located in Long Beach. lodge too much power in the central govern- Baptist Church the very best as they continue The closure of his term as the elected lead- ment. During the first 150 years of our gov- their service to the Baptist community in North er of the Nation's largest insurance trade as- ernment, states had the dominant role. But Philadelphia. sociation next month in Las Vegas will be the with the onset of the Great Depression, f crowning accomplishment of Mr. Miller's many power shifted dramatically to Washington. years of distinguished service to IIAA, his pro- In more recent years the tide has been flow- TRIBUTE TO THE LATE WILLIAM fession, and most importantly, to his 300,000 ing toward the states, slowly at first but now N. KENEFICK colleagues across the country. more strongly. Today what we have is a pe- Harlan has enjoyed a long and distinguished riod of competitive federalism, which means HON. PETER J. VISCLOSKY career as an independent insurance agent. that the federal government and the states His service to both his national and State as- are competing with each other for leadership OF INDIANA IN THE HOUSE OF REPRESENTATIVES sociationsÐthe Insurance Brokers & Agents of in domestic policy. the WestÐis equally long and impressive. I am not sure that any level of government Wednesday, September 6, 1995 Harlan has held several elective offices in the is necessarily wiser, more efficient or more Mr. VISCLOSKY. Mr. Speaker, northwest In- Californian association including secretary- frugal than other levels, nor am I sure that diana lost a great business leader last month. treasurer, vice president, and president. He people know more about what happens at the William N. Kenefick, who devoted every ounce began his commitment to the national organi- state level than the federal level. It is also of his spirit to the Indiana Port Commission zation by serving as the State association's unclear whether giving more power to the states is the best form of moving power away and development of northwest Indiana, passed representative to IIAA's national board of di- from Washington. Why not give power and away on August 10, 1995. rectors. money directly to the counties or the cities? William was the son of a lawyer and a Harlan was elected to IIAA's executive com- Why not, as we do with social Security, pro- grandson of Michigan City, IN's, first judge. He mittee in Los Angeles in 1989. In the time vide assistance or vouchers directly to indi- graduated from Notre Dame University, the since then he has served with unwavering viduals, bypassing both the state and the Benjamin Franklin School of Accounting, and leadership, distinction, and commitment to his local governments? Georgetown University Law School. thousands of professional counterparts. Americans do not like big centralized bu- Following service in the U.S. Navy from Harlan's selfless attitude is also evident in reaucracies. That’s a healthy instinct. The 1943 to 1946 as a lieutenant, he began his the depth of his involvement in Long Beach task is to go beyond it and try to determine law practice in Michigan City. William actively area community activities. He is a past presi- which level of government can best handle a practiced law until 1978. It was at this point in dent of the Kiwanis Club, Community Volun- certain function. As the Congress looks at time that William launched another career as teer Office, the International City Club, and the shifting more responsibility for welfare, a land developer. William's major projects in- Long Beach Boy Scout Council. Additionally, Medicaid, transportation, job training, and cluded the Marina Park South, Commerce he was an active member of the California the environment to the states, we have to be Square, Medical Plaza, and Congress Park State University's President's Associates and careful that the states have the financial and condominium and office complexes in Michi- has worked with numerous other Long Beach managerial resources to run the programs. gan City. civic groups. We also have to be careful not to dump too Moreover, in 1989, William joined the Indi- Currently, he sits on the boards of the Me- many burdens on states in an extremely ana Port Commission, which oversees all morial Medical Center, Memorial Heart. Insti- brief period of time. The task is to turn a three of Indiana's port sites. In 1991, William tute, and the Advisory Council Junior League pragmatic eye toward what has a chance of working. If we can do that, the nation will be became the head of the commission. During of Long Beach and serves on the Planned well served. his tenure, William stressed maritime-related Gifts Sponsor Committee for the Long Beach industrial development at port properties. Wil- Symphony Orchestra. September 6, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1709 I congratulate my fellow Californian and General Accounting Office, and a congres- My vision is that people stop and take the concerned citizen for a job extremely well sional committee found thatÐ time to see what is actually being accom- done. I am confident in his selfess service to Between 1981 and 1986, a period in which plished for the better good of this nation. Look for the people who haven’t given up on IIAA, his colleagues, and his fellow citizens of HHS was making key decisions regarding IMC, numerous HHS employees left Govern- our country. Look at our teachers. Long Beach will continue uninterrupted well Everytime that a teacher helps just one stu- into the future. ment service for employment with IMC, ei- ther directly or as consultants providing dent understand, is another step forward. f services to IMC. (‘‘Alleged Misconduct by Look at the organizations dedicated to help- ing citizens of our own United States and the MSTRAP AND LEAD PROVIDE A International Medical Centers, Inc. Offi- cials,’’ Report of the Office of Special Inves- world. Consider for example, Mothers against TECHNOLOGICAL LEAP tigations, General Accounting Office, De- Drunk Driving, or students against drunk cember 15, 1987.) driving. Everytime their message touches a HON. DUNCAN HUNTER Among the former HHS officials hired by parent or a child, chances are that someone IMC was Juan del Real, the HHS general will be spared from an alcohol related acci- OF CALIFORNIA counsel who left the Government in Novem- dent. What about UNICEF. Does anyone IN THE HOUSE OF REPRESENTATIVES ber 1984 to work for a large Washington law know what UNICEF stands for anymore? The Wednesday, September 6, 1995 firm. The firm began representing IMC sev- Jerry Lewis Telethon or the March of Dimes. eral months later and was paid $800,000 in These organizations, too, are fighting for the Mr. HUNTER. Mr. Speaker, last week on 1986 by IMC. In June 1985, del Real quit the people. The people of the United States. It’s August 29 and 30, the officers and crew of the firm to work for IMC at a salary of $325,000, not just organizations who are making the U.S.S. Hayler made history. In exercises four times what he earned as a Government world a better place. Individuals who donate against one of the most sophisticated diesel lawyer. IMC also hired his wife, Claire, a organs, give up a half an hour of their time submarine forces in the world, armed with a former HHS spokesperson at $130,000 per to tutor someone, or organize a program like Just Say No are all contributing to the posi- full load-out of modern torpedoes, the ship year. (Miami Herald, 1988.) McClain Haddow, the chief of staff to the tive side of America. successfully defeated every simulated attack. Secretary of HHS, was found to have cir- Certainly our world is not a perfect place. The state of the art capability that was most cumvented his agency’s normal procedures, It does have its share of problems. But rath- professionally demonstrated by the ship's cap- got a secret opinion justifying the waiver to er than making these problems so large that tain, CDR Alan B. Hicks, and the U.S.S. IMC and granted it. Months after Haddow they seem impossible or insurmountable, Hayler represents a technological break- left HHS in 1986, Claire del Real offered him doesn’t it make much sense to look at what through and a real success story for acquisi- a job and hired him as an IMC lobbyist. has already been accomplished. There are tion reform and reinventing Government. This (‘‘Medicare Health Maintenance Organiza- many people who have not let the negativ- tions: the IMC Experience,’’ Hearing of the ism of our country to pull them down. Would technological leap was provided by two new African American’s have their rights and systems known as MSTRAP and LEAD that Committee on Government Operations, De- cember 15, 1987.) freedom if Martin Luther King, Jr. hadn’t were developed and deployed in a fraction of had the courage to bring his dream to life? the time and at a fraction of the cost than tra- In sum, Ms. del Real was a senior rep- Would women have won the right to vote if ditional Mil-Spec approaches would have resentative in an organization that offered to Susan B. Anthony had not held fast to her taken. strengthen, but actually looted, Medicare. vision? The Wright Brothers may have not Today, she represents an organization with have even attempted to design or construct a f the stated goal of saving Medicare. plane if they had let the negativism and ridi- PRESS ADVISORY f cule of their peers influence their vision that flight was possible. Without these visions, if ‘‘MY VISION FOR AMERICA’’ people had not blocked out the negative, HON. FORTNEY PETE STARK America would not be a safe haven for refu- OF CALIFORNIA gees and immigrants. Without a vision, HON. EARL POMEROY America would international relations be IN THE HOUSE OF REPRESENTATIVES OF NORTH DAKOTA possible? Take for example Space Station Wednesday, September 6, 1995 IN THE HOUSE OF REPRESENTATIVES Alpha. Would this be an all-American project Mr. STARK. Mr. Speaker, I would like to Wednesday, September 6, 1995 with closed doors to the world if someone had not had a vision? In reality, the U.S., issue a press advisory concerning the coalition Mr. POMEROY. Mr. Speaker, I rise today to Europe, Canada, Japan, and Russia have all to save Medicare. bring to the attention of my colleagues a letter bonded together to create Space Station Earlier this month, a spokesperson for the written to me from the Veterans of Foreign Alpha. This station is a vision to our future. coalition was quoted as sayingÐ Wars of the United States regarding the Voice We all have visions of what we want Amer- We want to reform Medicare and we want of Democrary broadcast scriptwriting contest. ica to accomplish. Some examples are world to save it. That’s what it’s all about. No Jennifer Schuler, a senior at Devils Lake High peace, hunger relief, a cure for Aids, or even one’s going to be forced into managed care or School from North Dakota, has been named a a unified nation. But my vision is simple. All I ask is that we remember the good, while anything else. It’s so simple and so innocent. national winner in the 1995 Voice of Democ- I’m just amazed at how it’s being depicted. we’re dealing with the bad. (Associated Press, August 9, 1995.) racy Program for her essay entitled ``My Vision For America'' which emphasizes remembering f The person who made this comment on be- the positive things in this world. I have in- LEGALIZATION OF MARIJUANA half of the coalition was Claire del Real. Ms. cluded Jennifer's essay for the benefit of my del Real served as the Deputy Assistant Sec- colleagues. retary for Public Affairs in the Department of Bullets flagged down thirty protesters in HON. LEE H. HAMILTON Health and Human Services [HHS] during the front of the capitol. . . .(click) Four B–52 OF INDIANA Reagan administration. Upon leaving HHS, bombers flew over Kwait today. . .(click) A IN THE HOUSE OF REPRESENTATIVES Ms. del Real took a position with International 7.1 earthquake struck southern Califor- Wednesday, September 6, 1995 Medical Centers [IMC]. IMC was a private nia. . .(click) The mid-west estimates flood HMO participating in a Medicare demonstra- damage to have reached. . .(click) The World Mr. HAMILTON. Mr. Speaker, I would like to tion project that promised to provide free pre- Trade Center was a evacuated today after a insert my Washington Report for Wednesday, bomb blast. . . (click) September 6, 1995, into the CONGRESSIONAL scription drugs, eyeglasses, and doctor and Its hard to watch the news at night and hospital care without Medicare deductibles in come away with a positive outlook on what RECORD. an effort to increase competition and reduce the future holds. I, like many other people, WHY I OPPOSE LEGALIZING MARIJUANA costs to the Medicare Program. (The Wash- get caught up in the media’s negative por- I am almost always asked during high ington Post, June 23, 1987.) trayal of the world. If we are so wrapped up school convocations in southern Indiana In reality, IMC President Miguel Recarey in the negative, it closes us off to so many whether I think marijuana should be legal- was indicted for being one of the most fraudu- opportunities to see the good that is around ized. The question reflects a widespread per- lent parties to ever participate in the Medicare us. A perfect example is Susan Smith; the ception, particularly among young people, woman who confessed to murdering her two that marijuana is a ‘‘safe’’ drug and, like to- Program, with the fraudulent activity permitted children. The nation, perhaps even the world, bacco, should be made legal. I do not agree largely as a result of waivers approved by was struck to the soul by this story. A shad- with this view. Recent scientific studies con- HHS officials. Recarey remains a fugitive from ow fell over the United States filling us with tinue to demonstrate that marijuana is dan- U.S. courts. The inspector general of the De- helplessness and now hinders us from seeing gerous and can cause significant health prob- partment of Health and Human Services, the the good that so many people are giving. lems for those who consume it. E 1710 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 1995 WHAT IS IT have car accidents, and to be arrested. In Joe Alvarado is a native of East Chicago, Marijuana is a product of the hemp plant, 1993, twice as many teenagers ended up in IN. He is also a fellow graduate of the Univer- a crop which has been harvested for thou- emergency rooms for marijuana use as for sity of Notre Dame, where he played varsity sands of years and whose fibers have been heroin and cocaine combined. Contrary to popular belief, marijuana is football for the Irish. He later received his used to make rope, canvas and paper. Mari- masters degree in finance from Cornell Uni- juana derives from the sticky resin of the also an addictive drug. More efficient agri- flowering tops of the plant. culture—new methods of harvesting and versity. Joe returned to East Chicago and processing marijuana plants—has made the started his career with Inland Steel Co. in WHERE IS IT GROWN drug about 20 times more potent than the 1976. Since that time, he has steadily risen Most marijuana consumed in this country marijuana on the street in the 60’s and 70’s. is grown in Mexico, Colombia and Jamaica. through the ranks from the days when he was Marijuana is frequently mentioned by drug- a finance trainee to his current position as The amount grown in this country, however, control specialists as being a stepping stone has increased in recent years, and now ac- or gateway to drugs such as crack cocaine president of Inland Steel Bar Co. counts for about 20% of the entire U.S. mar- and heroin. About 43% of young people who Lou Martinez, a classmate of mine at ket. Marijuana is the largest cash crop in the use marijuana before age 18 go on to use co- Andrean High School in Merrillville IN, has U.S. Earnings from marijuana are estimated caine. Legalizing marijuana would almost been with the United Way system since he at $32 billion per year, far outstripping corn certainly cause more young people to use— joined the Lake Area United Way in Griffith, ($14 billion) and soybeans ($11 billion). The and become addicted to—marijuana and IN, in 1979. In my personal experience with highest quality marijuana is cultivated in- other drugs. Lou, I can say that he is one of the most dedi- doors on the West Coast, but the largest vol- WHAT ARE THE SOCIAL COSTS cated and unselfish individuals I know. His de- ume is grown in the Midwest, including Indi- There are numerous social and economic ana. The Indiana National Guard, for exam- sire to serve his community has allowed him costs associated with increased marijuana to prosper in an organization like the United ple, eradicated almost 80 million marijuana use. First, its use can impair academic per- plants in Indiana last year. formance among young people. Marijuana is Way, whose focus is community service. As WHAT IS THE LAW associated with increased truancy, poor at- president of the Lake Area United Way, Lou Under federal law, it is illegal to buy, sell, tention span and under-achievement in has realized his leadership potential and he grow or possess any amount of marijuana school. Second, and more broadly, its use has played a big part in touching the lives of anywhere in the United States. Penalties for causes damage in our workplace. Few Ameri- so many who are in need in northwest Indi- a first offense range from probation to life cans realize that three-fourths of regular ana. imprisonment, with fines of up to $4 million, drug users are employed. According to the Mr. Speaker, I offer my heartfelt congratula- depending on the quantity of marijuana in- U.S. Chamber of Commerce, employed drug tions to these two very special men. Joe and users are 33% less productive than their col- volved. Under civil forfeiture laws, real es- Lou's large circle of family and friends, as well tate, cars, cash and any other property con- leagues. They are likely to incur 300% higher nected with a marijuana offense are subject medical costs and benefits. Third, marijuana as the entire Hispanic community of northwest to immediate seizure. The federal govern- use has been linked to other crimes. Indiana, can be proud of the contributions ment need not prove that the property was WHAT CAN BE DONE ABOUT THE PROBLEM these prominent individuals have made. They bought with the proceeds of illegal drug A key step to reducing marijuana use, par- have proven themselves to be distinguished sales, only that it was involved in the com- ticularly among young people, is to educate advocates for the Hispanic community, and mission of a crime—that marijuana was them to its dangers. It is critical to reach they have truly made northwest Indiana a bet- grown on certain land or transported in a kids early, before they have begun to use ter place in which to live. particular vehicle. There are state mari- drugs, with clear information about mari- f juana laws as well. In 1993 more than 380,000 juana and with positive alternatives for their people were arrested nationwide for violat- time. Children typically have very strong A SPECIAL MEMBERS’ PRAYER ing marijuana laws; marijuana convictions anti-drug attitudes, and most young people SERVICE ST. PETER’S CATHOLIC in that year outnumbered those for heroin, today don’t use drugs. It’s essential to rein- cocaine and LSD combined. force these views. CHURCH, 313 2ND STREET, SOUTHEAST ON WEDNESDAY, WHO USES IT Our message must be clear and consistent. The message in the 1980’s was, ‘‘Just say no JANUARY 4, 1995 AT 9:00 A.M. Close to 70 million Americans have tried to drugs,’’ and the message for the 1990’s marijuana at least once, according to a re- must be the same. Marijuana use is illegal, cent government survey. The number of reg- HON. BILL EMERSON dangerous and unhealthy. It is not cool. It is ular users, however, is far smaller, perhaps OF MISSOURI not respectful of your body. If you use drugs, around four million people, and overall mari- stop, and if you can’t stop, get help. IN THE HOUSE OF REPRESENTATIVES juana use has declined from peak levels in We know that young people need to hear the 1970s. Even so, marijuana consumption Wednesday, September 6, 1995 antidrug messages where they live, study, among American teenagers has been on the work and play. This education effort must be Mr. EMERSON. Mr. Speaker, the opening increase over the last three years. Thirteen a group effort, involving the public and pri- day of this Congress began, at the request of percent of eighth-graders reported having vate sector, but particularly parents, teach- then Speaker-elect GINGRICH, with a Members' tried marijuana at least once in 1994, up from ers and neighbors. Prayer Service which was held at St. Peter's 6.2% in 1991. f Church on Capitol Hill. It was a significant WHY THE INCREASE event in the history of this Congress and the During the 1980s, increasing concerns TRIBUTE TO JOSEPH ALVARADO House of Representatives. The many Mem- about the dangers of marijuana and other AND LOU MARTINEZ bers, Members-elect, and their families who drugs contributed to a sharp decline in use. That attitude is changing. More and more attended, and the many Americans who young people today believe that marijuana is HON. PETER J. VISCLOSKY viewed this Service on C-Span, found it inspir- not a dangerous drug—that, unlike cocaine OF INDIANA ing and poignant. for example, the drug is not addictive, does IN THE HOUSE OF REPRESENTATIVES As we return from our prolonged August re- not kill people and does not produce violent Wednesday, September 6, 1995 cess it seems altogether appropriate that we behavior. Furthermore, marijuana is said to pause and reflect again on the importance of Mr. VISCLOSKY. Mr. Speaker, it gives me have certain medicinal properties, whether keeping all our endeavors in perspective great pleasure to rise today and pay tribute to it is used by cancer patients to ease the pain through our faith. It is in this spirit that I submit two celebrated community servants, Mr. Jo- and nausea associated with chemotherapy or for the record the following transcript of this by a recreational user to relieve stress. In seph Alvarado and Mr. Lou Martinez. On Sep- Members' Prayer Service. this view, marijuana should be treated like tember 8, 1995, Joe and Lou will be honored PROCESSIONAL HYMN—‘‘GUIDE ME O THOU tobacco and made legal. for their contributions to northwest Indiana and GREAT JEHOVAH’’ WHAT ARE THE HEALTH DANGERS the Hispanic community by the Northwest Indi- He will be our guide even to the end. Ps. 48:14 Numerous scientific studies have dem- ana Hispanic Coordinating Council. This testi- onstrated that marijuana does in fact pose monial dinner will take place at the Casa Blan- Guide me, O thou great Jehovah, pilgrim serious health dangers. It damages short- through this barren land; ca Restaurant in East Chicago, IN. I am weak, but thou art mighty; hold me term memory, distorts perception, impairs We are all very fortunate to have dedicated judgment and complex motor skills, alters with thy pow’rful hand; the heart rate, can lead to severe anxiety, people, like Joe and Lou, who are sincerely Bread of heaven, Bread of heaven, feed me and can cause paranoia and lethargy. It may proud of their Hispanic heritage and have till I want no more, feed till I want no not kill people by an overdose, but young taken an active role in promoting the progress more. marijuana users are more likely than of the Hispanic community in Indiana's First Open now the crystal fountain, whence the nonusers to consume other illicit drugs, to Congressional District. healing stream doth flow; let the fire September 6, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1711 and cloudy pillar lead me all my jour- gone before us, may we realize that we are And in the Sixth Chapter of the Book of ney through; strong Deliv’rer, strong servants of the people and sent to this cradle Micah, the Prophet taught: Deliv’rer, be thou still my strength and of Democracy to do their bidding. ‘‘Would the Lord be pleased with thousands shield, be thou still my strength and May we always remember that we are here of rams, shield. to serve, and that we serve all the people, re- With myriads of streams of oil? . .. When I thread the verge of Jordan, bid my gardless of political affiliation, race, reli- ‘‘He has told you, O man, what is good, anxious fears subside; Death of death gion, or philosophy. Help us to work in har- And what the Lord requires of you: and hell’s Destruction, land me safe on mony, with understanding, with patience, Only to do justice, Canaan’s side; songs of praises, songs of and with an eye single to honest values, cor- And to love mercy, rect principles, to upholding the Constitu- praises. And to walk humbly with your God.’’ tion. I will ever give to thee, I will ever give to TANAKH We pray for our President, William Jeffer- thee. son Clinton, and his family, that he may be A New Translation of The Holy Scriptures, CALL TO WORSHIP blessed as he carries out his awesome respon- According to the Traditional Hebrew Text, The Jewish Publication Society 1985. (The Honorable G. V. (Sonny) Montgomery) sibility. We pray for unity as we work to- HYMM—HOW GREAT THOU ART In the Call to Worship, I would like to read gether for the betterment of the United one verse from the Book of Psalms 95:6 fol- States of America. Bless us with a spirit of Great is the Lord, and most worthy of praise lowed with a brief prayer. cooperation, that we may deal justly and Ps. 48:1 The Psalm, ‘‘O Come, let us worship and fairly with one another regardless of our Patricia Barnes, Soloist bow down. Let us kneel before the Lord, Our philosophical differences. Help us to treat each other as the brothers and sisters which First Verse Maker! For He is our God, and we are the O Lord my God, when I in awesome wonder people of his pasture, and the sheep of His we truly are. We also ask that Thy spirit may be poured consider all the worlds thy hands have hand.’’ out upon the leaders of the world, that peace made, Now let us pray. and tranquility will prevail. We ask a special I see the stars, I hear the rolling thunder, Our Father, You have given us this good blessing for those in war torn areas of the they pow’r thro’-out the universe dis- land for our benefit and have blessed us with world, that peace may come to their lands played. every good thing. We offer this Prayer of and that people can live together without Refrain Thanksgiving for all Your good works to us hate and strife. Then sings my soul, my Savior God to thee: and to all people. We are very aware of the less fortunate how great thou art, how great thou art! We ask this day that You would bless our among us, the poor, the sick, and the needy. Then sings my soul, my Savior God to thee: government with wisdom and that Your We pray that, during our deliberations, we how great thou art, how great thou art! teachings be done with kindness and in the can provide for opportunities for people to Fourth Verse spirit of understanding and peace. progress and to better their station in life. This is our prayer. Amen. Amen. When Christ shall come with shout of accla- Help us all to have compassion for the truly mation and take me home, what joy INTRODUCTORY REMARKS needy, and to remember that the worth of shall fill my heart! (The Honorable Bill Emerson) each soul is great in Thy sight. Then I shall bow in humble adoration and We pray for the families of our nation and Welcome! there proclaim, my God, how great of the world. We recognize that families are This is the day the Lord has made, let us thou art. the bedrock upon which our civilization is be glad and rejoice in it. built, and that no earthly success or fame READING FROM THE NEW TESTAMENT The Speaker-elect of the House of Rep- can compensate for failure in our homes or (The Honorable Sue Myrick) resentatives requested that the events of in raising our children to be moral and just. this historic day, the convening of the 104th MATTHEW 5:2–16 Help us, in all that we do, to strengthen the Then He opened His mouth and taught them, Congress, commence with a service of prayer sacred institution of the family. for all Members and Members-elect. We are Now Father, we pray for our leadership in saying: bi-partisan and ecumenical, gathering in the Congress of both political parties, that ‘‘Blessed are the poor in spirit, body and spirit to invoke the blessings of Di- we may be successful, that we may work to- For theirs is the kingdom of heaven. vine Providence upon our assemblage—upon gether diligently for the benefit of all our Blessed are those who mourn, our labors and the fruits of our labors. citizens and for all people where ever they For they shall be comforted. It is appropriate that we do this. may be. Blessed are the meek, Toward the close of the Constitutional And this we ask in the worthy name of Thy For they shall inherit the earth. Convention that created the body into which Son, Jesus Christ, Amen. Blessed are those who hunger and thirst for we will today be sworn as Members, Ben- READING FROM THE OLD TESTAMENT righteousness, jamin Franklin rose, addressed the chair, the For they shall be filled. (The Honorable Benjamin A. Gilman) illustrious father of our country, and to his Blessed are the merciful, colleagues said: ‘‘Zen haYom asah Adonai, Na-geelah For they shall obtain mercy. ‘‘I have lived . . . a long time, and the v’Nees-m’cha Vo.’’ Blessed are the pure in heart, As David said in Psalm 118. ‘‘This is the longer I live the more convincing proofs I see For they shall see God. day that the Lord has made, let us be glad of this truth—that God governs in the affairs Blessed are the peacemakers, and rejoice in it.’’ of men. And if a sparrow cannot fall to the Mr. Speaker-elect, My Dear Colleagues, For they shall be called sons of God. ground without His notice, is it probable Father O’Sullivan, and Friends: What a won- Blessed are those who are persecuted for that an empire can arise without His aid?’’ derful day this is! Permit me to recite two righteousness’ sake, At the time of our greatest national strife passages from Hebrew scriptures. One recalls For theirs is the kingdom of heaven. Abraham Lincoln said this: that leadership in this world comes with Blessed are you when they revile and per- ‘‘Being a humble instrument in the hands very special obligation to our Creator. The secute you, and say all kinds of evil of our heavenly Father, I desire that all my other sets out a prophetic teaching we against you falsely for My sake. words and acts may be according to His will; should always bear in mind, even in the hour Rejoice and be exceedingly glad, for great is and that it may be so, I give thanks to the of our greatest triumph. In the first passage, your reward in heaven, for so they per- Almighty, and seek His aid.’’ as the Israelites prepare to cross the Jordan, secuted the prophets who were before It is with these attitudes we gather today, God admonishes Joshua in these words from you. and pray this service may be a blessing to all the First Chapter of the Book of Joshua: You are the sale of the earth; but if the salt participants and to our labors that lie ahead. ‘‘Be strong and resolute, for you shall ap- loses its flavor, how shall it be sea- PRAYER FOR THE PEOPLE AND ALL OF THOSE portion to this people the land that I swore soned? It is then good for nothing but IN AUTHORITY to their fathers to give them. to be thrown out and trampled under foot by men. (The Honorable Jim Hansen) ‘‘But you must be very strong and resolute to observe faithfully all the Teaching that You are the light of the world, A city that is Our Father in Heaven, we are assembled My servant Moses enjoined upon you. Do not set on a hill cannot be hidden under a here prior to the beginning of the 104th ses- deviate from it to the left or to the right, basket, but on a lampstand, and it sion of the United States Congress. Father, that you may be successful wherever you go. gives light to all who are in the house. we are thankful to Thee to live in this great ‘‘Let not this Book of the Teaching cease Let your light so shine before men that they land of bounty. from your lips, but recite it day and night, may see your good works and glorify We realize the great significance of this so that you may observe faithfully all that is your Father in heaven. day, and pray for Thy blessings and guid- written in it. Only then will you prosper in PRAYER FOR PEACE IN THE WORLD ance. As we take this sacred oath of office, your undertakings and only then will you be and agree to uphold this inspired Constitu- successful. (The Honorable Tony P. Hall) tion and the sacred freedoms which have ‘‘I charge you: Be strong and resolute; do When Bill Emerson asked me to pray for been secured through the blood and sac- not be terrified or dismayed, for the Lord world peace I went to my scriptures and rifices of valiant men and women who have your God is with you wherever you go.’’ looked up all the passages on world peace— E 1712 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 1995 or at least peace—and there were hundreds of Leader: He maketh my feet like hinds’ Bible where God tells Moses to ask Pharaoh scriptures in both the Old and New Testa- feet, and setteth me upon my high places. to let His people go, Moses answers, ‘‘I have ments. I thought about it for a while and I All: He teacheth my hands to war, so that never been eloquent . . . I am slow of speech thought that a lot of people have prayed for a bow of steel is broken by mine arms. and slow of tongue.’’ God assures Moses that peace—for world peace—for a number of Leader: Thou hast also given me the shield He will send him help—and I’m sure I’ll get years and often times it eludes us. of Thy salvation; and Thy gentleness hath some help here. And in light of what is going on in the made me great. But the greatest source of motivation for world today, as a matter of fact, I have been All: Thou has enlarged my steps under me, speaking today is the passage in Matthew told that there are over 100 conflicts going that my feet did not slip. Chapter 10 verse 32, where Jesus says, on in the world right now, twenty-three or PRAYER FOR GUIDANCE Whoever acknowledges me before men, I twenty-four major humanitarian crises, and (The Honorable Henry Bonilla) also will acknowledge before my Father who I felt it may be better to pray for peace in Let us please bow our heads. is in Heaven; but whoever denies me before the hearts of us, in the hearts of elected offi- Dear Lord, We are gathered here on this men, I also will deny before my Father who cials. Because, if we don’t have peace, how historic day to ask your guidance as we take is in heaven. are we going to have peace in the country the reins of government in a new direction. And because of this, I felt compelled to and peace in the world? As we toil in the effort to make the right speak today. A lot of verses deal with that. There are decisions for our nation we will be counseled We are about to open the 104th Congress many verses mentioning peace. And the one and advised by many people . . . many inter- with great hope and expectation. This is not verse I really like, that I think addresses the ests . . . many inner feelings . . . very different from the opening of previous issues is in Philippians. ‘‘Be anxious for In the end help us all to remember that Congresses. This is my eighth start of a new nothing, but in everything by prayer and Your divine guidance is what we should turn Congress and I still feel a sense of anticipa- supplication, with thanksgiving, let your re- to as the greatest authority . . . the greatest tion and excitement. quests be made known to God; and the peace special interest . . . because Your interest is So today, as we begin this new Congress, I of God, which surpasses all understanding, the best interest of the United States of want to focus on what kind of leaders we will guard your hearts and minds, through America. should strive to be. I have considered this Christ Jesus. As representatives of every neighborhood question often for my self. There are several Paul wrote this while he was in jail, in in America we come from different back- principles I have learned from my observa- prison, and he wrote under great manipula- grounds . . . different ethnic groups . . . dif- tions and experience as a Member of Con- tion and pressure and stress. Paul was a won- ferent economies . . . different cultures . . . gress, as a father and husband, from reading derful man, and he didn’t know from day to different religious backgrounds. the Scriptures and from listening to individ- day of things and pressures that were going Lord help us to remember that above all uals I respect. Four of these I want to share to happen to him. But he had a world view, we are alike because we are Americans first with you today. They are ones that I believe and his world view was the view of the power . . . Americans first with a common interest are important to acknowledge as we begin of God in prayer, the peace of God in people’s of preserving the American dream for our this new Congess. hearts. And that is briefly what I want to children and their children as our country 1. The problems in our country have a pray about this morning. grows and prospers in the next century. moral base, and the solutions are not purely We’ll bow our heads. Lord, help us have the wisdom to appre- political. Thank you Father for the passage and for ciate what we have and not to be wanting for 2. As leaders, we need to be men and the privilege of coming together today to what we don’t have. Help us appreciate that women of character. ask for peace in the hearts of the Members of because our country was built on moral prin- 3. We must foster reconciliation within our Congress, not only those taking office for the ciples of freedom and liberty we continue liv- country. first time, but for the other Members and for ing in the greatest country on earth. Help us 4. While we serve in this 104th Congress, we the leadership especially. We pray for them appreciate that we live in a country that en- must not forget those that matter most to and we just ask you to be with them, and courages self-responsibility, self-reliance and us—our spouses and our children. most especially their spouses and children selflessness . . . MORAL ROOT OF PROBLEMS and families, for whatever is going on in Lord, help us understand that You give us their family, let there be comfort and love We all know that we face many serious our health, our intelligence and our talents problems in this country and we as leaders and peace. And, then peace among us as poli- to strive for these principles. Finally Lord, ticians and elected officials of this country. need to diagnose and manage them realisti- help us understand every day that what we cally. We pray that there be peace among the par- do now can have a profound affect on what ties, O Lord, that as we go through the days I want to suggest a simple proposition to happens to our great nation for future gen- keep in mind as we lead: The problems we and weeks that are coming, that we walk in erations . . . a manner that is worthy of You, that we face in America have one thing in common— Help us have the vision . . . the foresight . they are at their core moral. In our culture please You, that we increase in knowledge of . . the wisdom . . . the humility to pursue an You and Your will. We just thank You for all today, many believe there is no difference agenda that helps the worker, the parent, between vice and virtue. However, we must the things You do. We ask O God, as we de- the teacher, the child, the volunteer, the stu- liberate and as we go through this year, that recognize that there are transcendent stand- dent and those less fortunate who need a ards of right and wrong. we ask the question of ourselves individ- helping hand. Help us understand, Dear Lord, ually, ‘‘God, what is it You ask of us to do Samuel Johnson once said many years ago that They are what America is all about. when his butler told him a guest was coming God? What is it You want us to do? Have we In Your Name we pray, Amen. been those kind of servants?’’ If we can, and to dinner who believed morality was a sham. HYMN—AMAZING GRACE! if we do that O Lord, I believe we can have He said, ‘‘If he really believes that there is peace in our hearts and peace in our country TRADITIONAL AMERICAN MELODY, WORDS BY no difference between vice and virtue, let us and will be helping with the peace in the JOHN NEWTON, 1779, ARRANGED BY WINTLEY count the spoons before he leaves.’’ world. PHIPPS, JOHN STODDART AND ANDRIAN So, if we believe that transcendent truths WESTNEY exist, what is our role as members of Con- RESPONSIVE READING (Wintley Phipps, Soloist) gress? Government is not the source of right (The Honorable Blanche Lambert) and wrong, nor is it the ultimate answer re- Amazing grace! how sweet the sound that PSALM 18:1–6 AND 31–36 garding questions of right and wrong. The saved a wretch like me! Leader: I will love thee, O Lord my thing that I fear most is that we will believe I once was lost, but now am found, was blind, strength. that we can solve all of our problems politi- but now I see. All: The Lord is my rock, and my fortress cally. If we do believe this, we will fail as we and my believer; my God, my strength, in When we’ve been there ten thousand years, always have. That’s not to say we cannot im- whom will I trust; my buckler, and the horn bright shining as the sun, prove things greatly, because we can. But in of my salvation, and my high tower. We’ve no less days to sing God’s praise than our political activity what we should focus Leader: I will call upon the Lord, who is when we’ve first begun. on is creating a climate where conscience is worthy to be praised; so shall I be saved from Hallelujah! Hallelujah! cultivated and character can be built. It is to all mine enemies. Amen that end that public policy, political and so- All: The sorrows of death encompassed me, THE HOMILY cial, must be directed. and the floods of ungodly men made me CHARACTER IN LEADERSHIP afraid. (The Honorable Frank R. Wolf) Leader: In my distress I called upon the When I was asked to give this talk, I was My second point today concerns character. Lord, and cried unto my God; He heard my initially very reluctant for several reasons. As I enter the 104th Congress, I need to ex- voice out of His temple, and my cry came be- Not only is it sometimes difficult to speak amine my heart—what kind of member do I fore Him, even into His ears. before your colleagues but I have stuttered want to be. The name of Moses is carved in Leader: For who is God save the Lord? Or since I was a small boy and have always the wall across from the Speaker’s rostrum who is a rock save our God? found speaking in public a challenge. in the House. When Moses was choosing help- All: It is God that giveth me with strength, As someone who stutters, I have drawn in- ers to lead Israel, his father-in-law Jethro and maketh my way perfect. spiration from Chapter 4 of Exodus in the gave him this advice in Exodus chapter 18, September 6, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1713 verse 21: ‘‘Select capable men from all the I’m reminded of what William Penn said, the greatest authorities on reconciliation. people, men who fear God, trustworthy men ‘‘Government, like clocks, go from the mo- He stressed the importance of forgiveness who hate dishonest gain.’’ tion men give them, and as governments are and of loving one’s enemies. In Matthew Isaiah chapter 1, verse 17 says, ‘‘learn to do made and moved by men, so by them they Chapter 18, verses 21 and 22, Peter asks right, seek justice, encourage the oppressed. are ruined too . . . Let men be good, and the Jesus, ‘‘Lord, how many times shall I forgive Defend the cause of the fatherless. Plead the government cannot be bad; if it be ill, they my brother when he sins against me? Up to case of the widow.’’ will cure it. But if men be bad, let the gov- And Micah chapter 6, verse 8 says, ‘‘And seven times? Jesus answered, I tell you, not ernment be never so good, they will endeavor seven times, but seventy times seven.’’ what does the Lord require of you? To act to warp and spoil it.’’ justly and to have mercy and to walk hum- When I think of reconciliation in the polit- RECONCILIATION bly with your God.’’ ical arena I think of one person who did it I challenge myself to follow these guide- My third point concerns reconciliation, a well. His name was William Wilberforce, who lines—to be a person who fears God, to be sometimes difficult task in Washington. As got together a group of members of the Brit- trustworthy, to be a person of integrity and we govern, it is important to work in a spirit ish parliament from across the political of cooperation. What we need in the country character. I must ask myself do I want to be spectrum to abolish the slave trade in Eng- a man of excellence or a man of expedience, and world, as well as in the Congress, is rec- land at a time when the country’s economy a man of principle or one who seeks to be onciliation—between races, countries, was dependent on it. popular, a man who looks for the right thing spouses, between children and their parents. to do and does it, or a man who finds the Today regardless of your religious views, easy way around whatever I’m facing. consider the teaching of Jesus who is one of E 1714 CONGRESSIONAL RECORD — Extensions of Remarks September 6, 1995 SENATE COMMITTEE MEETINGS Labor and Human Resources tion Fund Act of 1965 with respect to To hold hearings on S. 969, to require fees for admission into units of the Na- Title IV of Senate Resolution 4, that health plans provide coverage for tional Park System. agreed to by the Senate on February 4, a minimum hospital stay for a mother SD–366 1977, calls for establishment of a sys- and child following the birth of the 10:00 a.m. tem for a computerized schedule of all child. Judiciary SD–430 meetings and hearings of Senate com- Business meeting, to consider pending 10:00 a.m. calendar business. mittees, subcommittees, joint commit- Judiciary SD–226 tees, and committees of conference. To hold hearings to examine the status 2:00 p.m. This title requires all such committees of religious liberty in America. Judiciary to notify the Office of the Senate Daily SD–226 Terrorism, Technology, and Government Digest—designated by the Rules Com- 1:30 p.m. Information Subcommittee Appropriations To resume hearings on matters relating mittee—of the time, place, and purpose District of Columbia Subcommittee of the meetings, when scheduled, and to the incident in Ruby Ridge, Idaho. To hold hearings on proposed budget es- SD–G50 any cancellations or changes in the timates for fiscal year 1996 for the gov- meetings as they occur. ernment of the District of Columbia. SEPTEMBER 15 SD–138 As an additional procedure along 10:00 a.m. with the computerization of this infor- SEPTEMBER 13 Judiciary Terrorism, Technology, and Government mation, the Office of the Senate Daily 9:00 a.m. Digest will prepare this information for Information Subcommittee Indian Affairs To continue hearings on matters relating printing in the Extensions of Remarks To hold hearings on the nomination of to the incident in Ruby Ridge, Idaho. section of the CONGRESSIONAL RECORD Paul M. Homan, of the District of Co- SD–G50 on Monday and Wednesday of each lumbia, to be Special Trustee, Office of week. Special Trustee for American Indians, SEPTEMBER 19 Department of the Interior. Meetings scheduled for Thursday, SR–485 9:30 a.m. September 7, 1995, may be found in the 10:00 a.m. Energy and Natural Resources Business meeting, to consider pending Daily Digest of today’s RECORD. Judiciary To hold hearings to examine proposals to calendar business. SD–366 MEETINGS SCHEDULED divide the ninth circuit court, includ- ing S. 956, to divide the ninth judicial circuit of the United States into two SEPTEMBER 20 SEPTEMBER 8 circuits. 9:30 a.m. 10:00 a.m. SD–226 Energy and Natural Resources Judiciary 2:00 p.m. Business meeting, to consider pending Terrorism, Technology, and Government Judiciary calendar business. Information Subcommittee Immigration Subcommittee SD–366 To continue hearings on matters relating To hold hearings on legal immigration Labor and Human Resources to the incident in Ruby Ridge, Idaho. reform proposals. Business meeting, to consider pending SH–216 SD–226 calendar business. SD–430 SEPTEMBER 12 SEPTEMBER 14 Indian Affairs 9:30 a.m. 9:30 a.m. To hold oversight hearings on the imple- Commerce, Science, and Transportation Commerce, Science, and Transportation mentation of Title III of the National To hold hearings to examine proposals to To hold hearings on public broadcasting Indian Forest Resources Management reform existing spectrum policy. reform. Act (P.L. 101–630). SR–253 SR–253 SR–485 Energy and Natural Resources Energy and Natural Resources To hold hearings on H.R. 1266, to provide To hold hearings on S. 1144, to reform SEPTEMBER 27 for the exchange of lands within Admi- and enhance the management of the 9:30 a.m. ralty Island National Monument, National Park Service, S. 309, to re- Energy and Natural Resources known as the ‘‘Greens Creek Land Ex- form the concession policies of the Na- Business meeting, to consider pending change Act’’. tional Park Service, and S. 964, to calendar business. SD–366 amend the Land and Water Conserva- SD–366 Wednesday, September 6, 1995 Daily Digest

HIGHLIGHTS Senate passed Department of Defense Authorizations, 1996. House passed Legislative Branch Appropriations conference report. Senate (5) By 85 yeas to 13 nays (Vote No. 398), Nunn Chamber Action Amendment No. 2425, to establish a missile defense Routine Proceedings, pages S12649–S12751 policy. Pages S12649, S12653±68 Measures Introduced: Eighteen bills were intro- Senate insisted on its amendment, and requested duced, as follows: S. 1201–1218. Pages S12715±16 a conference with the House thereon. Page S12675 Measures Passed: Subsequently, S. 1026 was indefinitely postponed. Page S12675 Department of Defense Authorizations, 1996: The Committee on Armed Services was discharged Department of Defense Authorizations, 1996: from further consideration of H.R. 1530, to author- Senate passed S. 1124, to authorize appropriations ize appropriations for fiscal year 1996 for military for fiscal year 1996 for military activities of the De- activities of the Department of Defense, for military partment of Defense, and to prescribe personnel construction, for defense activities of the Department strengths for such fiscal year for the Armed Forces, of Energy, and to prescribe personnel strengths for after striking all after the enacting clause and insert- such fiscal year for the Armed Forces and, by 64 yeas ing in lieu thereof Division A of S. 1026, as amend- to 34 nays (Vote No. 399), the bill was then passed, ed. Page S12675 after striking all after the enacting clause and insert- Military Construction Authorizations, 1996: ing in lieu thereof the text of S. 1026, Senate com- Senate passed S. 1125, to authorize appropriations panion measure, as amended, and after taking action for fiscal year 1996 for military construction, after on amendments proposed thereto, as follows: striking all after the enacting clause and inserting in Pages S12649±76 lieu thereof Division B of S. 1026, as amended. Adopted: Page S12675 (1) Warner Amendment No. 2461, to state the Energy National Security: Senate passed S. 1126, sense of the Senate on negotiations between the Sec- to authorize appropriations for fiscal year 1996 for retary of Defense, the Secretary of Energy, and the defense activities of the Department of Energy, after Governor of the State of Idaho regarding the ship- striking all after the enacting clause and inserting in ment of spent nuclear fuel from naval reactors. lieu thereof Division C of S. 1026, as amended. Pages S12649±51 Page S12675 (2) Nunn (for Levin) Amendment No. 2462, to Family Self-Sufficiency Act: Senate resumed con- authorize the Secretary of Defense to use leasing in sideration of H.R. 4, to restore the American family, the acquisition of commercial vehicles when such reduce illegitimacy, control welfare spending and re- leasing is practicable and efficient. Page S12651 duce welfare dependence, with a committee amend- (3) Warner (for Kyl) Amendment No. 2463, to ment in the nature of a substitute, taking action on place a limitation on the use of funds for cooperative amendments proposed thereto, as follows: threat reduction for dismantlement and destruction Pages S12680±S12715 of chemical weapons. Pages S12651±53 Pending: (4) Warner (for Thurmond) Amendment No. (1) Dole Modified Amendment No. 2280, of a 2464, to make technical corrections. Page S12653 perfecting nature. Page S12680

D 1042 September 6, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1043 (2) Daschle Modified Amendment No. 2282 (to Transmitting the report on Federal Advisory Amendment No. 2280), in the nature of a sub- Committees for fiscal year 1994; referred to the stitute. Page S12682 Committee on Governmental Affairs. (PM–78). A unanimous-consent agreement was reached pro- Page S12715 viding for further consideration of the bill on Thurs- Messages From the President: Pages S12715±16 day, September 7, 1995, with a vote on the pending Statements on Introduced Bills: Pages S12716±36 Daschle Amendment No. 2282 to occur at 4 p.m. Page S12706 Additional Cosponsors: Pages S12736±37 Removal of Injunction of Secrecy: The injunction Amendments Submitted: Pages S12737±45 of secrecy was removed from the following treaties: Authority for Committees: Page S12745 Investment Treaty with Albania (Treaty Doc. No. Additional Statements: Pages S12745±50 104–19). Treaty with Hungary on Legal Assistance in Record Votes: Two record votes were taken today. (Total—399) Pages S12668, S12675 Criminal Matters (Treaty Doc. No. 104–20); and Treaty with Austria on Legal Assistance in Crimi- Recess: Senate convened at 9:15 a.m., and recessed nal Matters (Treaty Doc. No. 104–21). at 7:43 p.m., until 9:30 a.m., on Thursday, Septem- The treaties were transmitted to the Senate today, ber 7, 1995. (For Senate’s program, see the remarks considered as having been read for the first time, and of the Acting Majority Leader in today’s RECORD on referred, with accompanying papers, to the Commit- page S12750.) tee on Foreign Relations and ordered to be printed. Page S12750 Committee Meetings

Messages From the President: Senate received the (Committees not listed did not meet) following messages from the President of the United States: RUBY RIDGE INCIDENT Transmitting the report of the activities of the Committee on the Judiciary: Committee began hearings U.S. Government in the United Nations during cal- to examine certain Federal law enforcement actions endar year 1994; referred to the Committee on For- with regard to the 1992 incident at Ruby Ridge, eign Relations. (PM–77). Page S12715 Idaho, receiving testimony from Randall and Sara Weaver, both of Grand Junction, Iowa. Hearings continue tomorrow. h House of Representatives H.R. 2150, to amend the Small Business Act and Chamber Action the Small Business Investment Act of 1958 to re- Bills Introduced: 15 public bills, H.R. 2259–2273; duce the cost to the Federal Government of guaran- and 4 resolutions, H. Con. Res. 99–100, and H. teeing certain loans and debentures, amended (H. Res. 213–214 were introduced. Pages H8596±97 Report 104–239). Page H8596 Reports Filed: Reports were filed as follows: Speaker Pro Tempore: Read a letter from the H.R. 1815, to authorize appropriations for the Speaker wherein he designates Representative Everett National Oceanic and Atmospheric Administration to act as Speaker pro tempore for today. Page H8539 for fiscal year 1996, amended (H. Rept. 104–237, Recess: House recessed at 1:31 p.m. and reconvened Part I, filed on August 4, 1995); at 4 p.m. Page H8555 H.R. 1594, to place restrictions on the promotion by the Department of Labor and other Federal agen- Legislative Branch Appropriations: By a recorded cies and instrumentalities of economically targeted vote of 305 ayes to 101 noes, Roll No. 638, the investments in connection with employee benefit House agreed to the conference report on H.R. plans, amended (H. Rept. 104–238, filed on Sep- 1854, making appropriations for the Legislative tember 1, 1995); and Branch for the fiscal year ending September 30, 1996. Pages H8572±78 D 1044 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 1995 Rejected the Obey motion to recommit the con- REORGANIZE TRADE-RELATED ference report to the Committee on conference with FUNCTIONS OF THE GOVERNMENT instructions that the conferees not meet until subse- Committee on International Relations: Subcommittee on quently instructed to do so by the House pursuant International Economic Policy and Trade held a to clause 1(C) of rule XXVIII (rejected by a recorded hearing on proposals to reorganize the Trade-Related vote of 164 ayes to 243 noes, Roll No. 637). Functions of the U.S. Government. Testimony was Pages H8577±78 H. Res. 206, the rule which waived certain points heard from Representatives Manzullo, Mica and of order against the conference report, was agreed to Chrysler; Alan Mendelowitz, Managing Director, earlier by voice vote. Agreed to order the previous International Trade, Finance and Competitiveness, question on the rule by a yea-and-nay vote of 228 GAO; former Representative Donald Bonker, State yeas to 179 nays, Roll No. 636. Pages H8555±72 of Washington; William Brock, former U.S. Trade Representative and Secretary of Labor; and Clayton Presidential Messages: Read the following mes- Yeutter, former U.S. Trade Representatives and Sec- sages from the President: retary of Agriculture. Federal advisory committees: Message wherein he f transmits the second Annual Report on Federal Ad- visory Committees covering fiscal year 1994—re- COMMITTEE MEETINGS FOR THURSDAY, ferred to the Committee on Government Reform and SEPTEMBER 7, 1995 Oversight; and Pages H8578±79 United States activities in the United Nations: (Committee meetings are open unless otherwise indicated) Message wherein he transmits a report of the activi- Senate ties of the United States Government in the United Nations and its affiliated agencies during the cal- Committee on Appropriations, Subcommittee on Labor, endar year 1994—referred to the Committee on Health and Human Services, and Education, to hold hear- ings to examine childhood immunization, 9:30 a.m., International Relations. Page H8579 SD–192. Referrals: Three Senate passed measures referred to Subcommittee on Commerce, Justice, State, and the the appropriate House committees. Page H8594 Judiciary, business meeting, to mark up H.R. 2076, Senate Messages: Messages received from the Senate making appropriations for the Departments of Commerce, today appear on pages H8539–40. Justice, State, and the Judiciary, and related agencies for the fiscal year ending September 30, 1996, 10 a.m., Amendments Ordered Printed: Amendments or- S–128, Capitol. dered printed pursuant to rule appear on page Committee on Foreign Relations, Subcommittee on East H8598. Asian and Pacific Affairs, to hold hearings on the situa- Quorum Calls—Votes: Two yea-and-nay votes and tion in Tibet, 2 p.m., SD–419. one recorded vote developed during the proceedings Committee on Governmental Affairs, business meeting, to of the House today and appear on pages H8571–72, mark up S. 929, to abolish the Department of Commerce, H8577–78, and H8578. There were no quorum and S. 177, to repeal the Ramspeck Act, 10 a.m., calls. SD–342. Committee on the Judiciary, Subcommittee on Constitu- Adjournment: Met at noon and adjourned at 8:20 tion, Federalism, and Property Rights, to hold hearings p.m. to examine affirmative action programs and policies, 10 a.m., SD–226. Subcommittee on Terrorism, Technology, and Govern- Committee Meetings ment Information, to continue hearings on matters relat- DEPARTMENT OF COMMERCE ing to the incident in Ruby Ridge, Idaho, 2 p.m., DISMANTLING ACT SH–216. Committee on Labor and Human Resources, to hold hear- Committee on Government Reform and Oversight: Sub- ings on the nomination of Harris Wofford, of Pennsylva- committee on Government Management, Informa- nia, to be Chief Executive Officer of the Corporation for tion, and Technology held a hearing on H.R. 1756, National and Community Service, 9:30 a.m., SD–430. Department of Commerce Dismantling Act. Testi- mony was heard from Representative Chrysler; Ron- NOTICE ald H. Brown, Secretary of Commerce; Nye Stevens, For a listing of Senate Committee Meetings sched- Director, Federal Management and Workforce Issues, uled ahead, see page E1714 in today’s RECORD. GSA; and public witnesses. September 6, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1045 House 1999, to establish the Augusta Canal National Heritage Area in the State of Georgia; H.R. 2057, Cache La Committee on Banking and Financial Services, Subcommit- Poudre River National Water Heritage Area Act; H.R. tee on Domestic and International Monetary Policy, hear- 2172, Vancouver National Historic Reserve Act of 1995; ing and markup of the following: H.R. 2203, to reau- H.R. 2186, to establish the Ohio and Erie Canal Corridor thorize the tied aid credit program of the Export-Import National Heritage Corridor in the State of Ohio; and Bank of the United States, and to allow the Export-Im- H.R. 2188, to establish in the Department of the Interior port Bank to conduct a demonstration project; and H.R. the Essex National Heritage Area Commission, 10 a.m., 2204, Defense Production Act Amendments of 1995, 10 1334 Longworth. a.m., 2128 Rayburn. Committee on Rules, to consider the following: H.R. Committee on Commerce, Subcommittee on Telecommuni- 1594, Economically Targeted Investments; and H.R. cations and Finance, hearing on Federal Management of 1655, Intelligence Authorization Act for fiscal year 1996, the Radio Spectrum, 10 a.m., 2123 Rayburn. 10 a.m., H–313 Capitol. Committee on International Relations, Subcommittee on Committee on Science, Subcommittee on Basic Research Asia and the Pacific, hearing on Recent Developments in and the Subcommittee on Energy and Environment, joint Burma, 9:30 a.m., 2172 Rayburn. hearing on Restructuring the Federal Scientific Establish- Committee on the Judiciary, Subcommittee on Commer- ment: Future Missions and Governance for the Depart- cial and Administrative Law, to mark up the Reauthor- ment of Energy National Laboratories, 9:30 a.m., 2318 ization of Legal Services Corporation, 10 a.m., 2237 Ray- Rayburn. burn. Committee on Small Business, Subcommittee on Govern- Subcommittee on the Constitution, hearing regarding ment Programs and the Subcommittee on Procurement, lobbying disclosure reform proposals, 10 a.m. 2226 Ray- Exports, and Business Opportunities, joint oversight hear- burn. ing on the Export Working Capital Program, 10 a.m., Subcommittee on Crime, to mark up legislation to pre- 2359 Rayburn. vent the U.S. Sentencing Commission’s proposed amend- Committee on Standards of Official Conduct. executive, to ments to the sentencing guidelines regarding penalties for continue to take testimony regarding the ethics investiga- crack cocaine and money laundering from taking effect, tion of Speaker Gingrich, 3 p.m., HT–2M Capitol. 9:30 a.m., B–352 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on National Security, Subcommittee on Mili- committee on Surface Transportation, to mark up the Na- tary Procurement, hearing on the New Attack Submarine, tional Highway System Designation Act of 1995, 10 10 a.m. 2118 Rayburn. a.m., 2167 Rayburn. Committee on Resources, Subcommittee on National Committee on Veterans’ Affairs, Subcommittee on Edu- Parks, Forests and Lands, hearing on the following bills: cation, Training, Employment and Housing, to mark up H.R. 1188, National Coal Heritage Area Act of 1995; a comprehensive measure including provisions of the Uni- H.R. 1447, to revise the boundaries of the Blackstone formed Services Employment and Reemployment Rights River Valley National Heritage Corridor in Massachusetts Act, VA Home Loan Programs, and the Department of and Rhode Island; H.R. 1542, to amend the Illinois and Labor’s VETS program, 9 a.m., 334 Cannon. Michigan Canal Heritage Corridor Act of 1984 to modify Subcommittee on Hospitals and Health Care, to mark the boundaries of the corridor; H.R. 1553, South Carolina up H.R. 2219, to amend title 38, United States Code, National Heritage Corridor Act of 1995; H.R. 1961, to to extend certain expiring authorities of the Department designate the Tennessee Civil War Heritage Area; H.R. of Veterans Affairs, 10:30 a.m., 334 Cannon. D 1046 CONGRESSIONAL RECORD — DAILY DIGEST September 6, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 7 10 a.m., Thursday, September 7

Senate Chamber House Chamber Program for Thursday: After the recognition of one Program for Thursday and the balance of the week: Senator for a speech and the transaction of any morning Motions to go to conference on S. 4, Legislative Line business (not to extend beyond 10:30 a.m.), Senate will Item Veto Act; resume consideration of H.R. 4, Work Opportunity Act. Complete consideration of H.R. 2126, Department of Defense Appropriations Act for fiscal year 1996; Consideration of H.J. Res. 102, Defense Base Closure Approval; Motions to go to conference on the following three bills: 1. H.R. 1905, Energy and Water Appropriations Act of fiscal year 1996; 2. H.R. 1817, Military Construction Appropriations for fiscal year 1996; and 3. H.R. 1977, Department of Interior Appropriations for fiscal year 1996.

Extensions of Remarks, as inserted in this issue

HOUSE Hunter, Duncan, Calif., E1709 Pomeroy, Earl, N. Dak., E1709 King, Peter T., N.Y., E1705 Radanovich, George P., Calif., E1703 Cardin, Benjamin L., Md., E1707 Lantos, Tom, Calif., E1706 Stark, Fortney Pete, Calif., E1709 Emerson, Bill, Mo., E1710 Martinez, Matthew G., Calif., E1704, E1706 Torres, Esteban Edward, Calif., E1704, E1706 Foglietta, Thomas M., Pa., E1704, E1706, E1708 Meek, Carrie P., Fla., E1704 Visclosky, Peter J., Ind., E1708, E1710 Hamilton, Lee H., Ind., E1703, E1705, E1707, E1709 Mineta, Norman Y., Calif., E1708

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