Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

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

Vol. 142 WASHINGTON, MONDAY, APRIL 15, 1996 No. 47 Senate The Senate met at 10 a.m., and was U.S. SENATE, IN TRIBUTE TO SECRETARY OF called to order by the Honorable THAD PRESIDENT PRO TEMPORE, COMMERCE RONALD H. BROWN COCHRAN, a Senator from the State of Washington, DC, April 15, 1996. AND OTHER AMERICANS Mississippi. To the Senate: Under the provisions of rule I, section 3, of Mr. LOTT. Mr. President, today, the the Standing Rules of the Senate, I hereby Senate returns to session for the first PRAYER appoint the Honorable THAD COCHRAN, a Sen- time since the tragic accident on April The Chaplain, Dr. Lloyd John ator from the State of Mississippi, to per- 3 that took the lives of Secretary of Ogilvie, offered the following prayer: form the duties of the Chair. Commerce Ron Brown and 32 other STROM THURMOND, Almighty God, we return to the work Americans. of the Senate this morning with our President pro tempore. Mr. COCHRAN thereupon assumed The majority leader, with agreement hearts still at half-mast. We share a of the Democratic leader, has requested profound grief over the tragic and un- the chair as Acting President pro tem- pore. that the first action of the Senate be timely death of Secretary of Commerce the reading of a resolution honoring Ron Brown. Our grief is mingled with f Secretary Brown and those lost in the the acute pain of loss for our Nation, accident. the President, the President’s Cabinet, RECOGNITION OF THE ACTING At this time, Mr. President, I send a and the Democratic Party. We ask You MAJORITY LEADER resolution to the desk and ask that it to continue to comfort and strengthen The ACTING PRESIDENT pro tem- be read for the information of the Sen- the Secretary’s family with the assur- pore. The acting majority leader. ate. ance of eternal life. Our hearts also are Mr. LOTT. Thank you Mr. President. heavy with the memory of the deaths The ACTING PRESIDENT pro tem- of members of staff and the leading f pore. The clerk will report. The legislative clerk read as follows: business leaders who were with the SCHEDULE Secretary on his crucial mission of re- S. RES. 241 Mr. LOTT. Mr. President, for the in- habilitation. In tribute to Secretary of Commerce Ron- So, Lord, as we resume our respon- formation of all Senators, the Senate ald H. Brown and other Americans who lost sibilities today, give us a renewed will conduct a period for morning busi- their lives on April 3, 1996, while in service to sense of the shortness of time and the ness until 2 p.m. with Senators per- their country on a mission to Bosnia. length of eternity. Help us to live this mitted to speak for up to 5 minutes Whereas, Ronald H. Brown served the day to the fullest as if it were our last each except for the following: United States of America with patriotism day. May we never take for granted the Senator HATCH will be allowed 20 and skill as a soldier, a civil rights leader, and an attorney; gift of life or the privilege of serving minutes; Whereas, Ronald H. Brown served since You by giving our best to the tasks and Senator DASCHLE, or his designee, for up to 90 minutes; and January 22, 1993, as the United States Sec- challenges we will face today. Grant us retary of Commerce; Your grace to endure, Your wisdom to Senator COVERDELL for up to 90 min- utes. Whereas, Ronald H. Brown devoted his life make creative decisions, and Your to opening doors, building bridges, and help- power to offset the pressures of the de- At 2 p.m. the Senate will begin con- ing those in need; manding life we are called to live. God, sideration of S. 1664, the illegal immi- Whereas, Ronald H. Brown lost his life in a bless America. In the Lord’s name. gration bill. tragic airplane accident on April 3, 1996, Amen. No rollcall votes will occur during to- while in service to his country on a mission day’s session. However, Members are in Bosnia; and Whereas, thirty-two other Americans from f expected to debate and offer amend- ments to the measure today. If any government and industry who served the Na- votes are ordered on these amend- tion with great courage, achievement, and APPOINTMENT OF ACTING ments, they will occur during Tues- dedication also lost their lives in the acci- PRESIDENT PRO TEMPORE day’s session at a time to be deter- dent; now, therefore, be it The PRESIDING OFFICER. The mined by the two leaders. Resolved, That the Senate of the United States pays tribute to the remarkable life clerk will please read a communication Also, as a reminder, there will be a and career of Ronald H. Brown, and it ex- to the Senate from the President pro cloture vote at 2:15 p.m. tomorrow on tends condolences to his family. tempore [Mr. THURMOND]. the motion to invoke cloture on the SEC. 2. The Senate also pays tribute to the The legislative clerk read the fol- motion to proceed to the Whitewater contributions of all those who perished, and lowing letter: resolution. extends condolences to the families of: Staff

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

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VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3252 CONGRESSIONAL RECORD — SENATE April 15, 1996 Sergeant Gerald Aldrich, Duane Christian, recognized all over the world as some- He said he wanted to show me the large Barry Conrad, Paul Cushman III, Adam Dar- body who advanced America’s business. fish tank in his office. When he and Alma ling, Captain Ashley James Davis, Gail I personally want to send a message were at our home one evening, I had shown Dobert, Robert Donovan, Claudio Elia, Staff to his family and to those who loved them the modest tank we have. He winked at Sergeant Robert Farrington, Jr., David Ford, me and told Vicki and our two children: Carol Hamilton, Kathryn Hoffman, Lee Ron Brown that I did, too, and I had ‘‘Come on over to my office—and bring Jackson, Steven Kaminski, Katheryn Kel- cared for him. Had I not been in the Curran and Caroline too. I’ll show you a real logg, Technical Sergeant Shelley Kelly, Balkans during that time—we left the fish tank. I’ll even tell Ted where you can James Lewek, Frank Maier, Charles Meiss- day after the accident—with the mi- get one.’’ That was Ron—always the best in ner, William Morton, Walter Murphy, Law- nority leader and Senator REID, I everything he did, and wanting it for every- rence Payne, Nathaniel Nash, Leonard would have been at his funeral to pay one else too. Pieroni, Captain Timothy Schafer, John my respects to him and his family. Of We also had a few items of business to dis- Scoville, I. Donald Terner, P. Stuart Tholan, course, I am very grieved and hurt by cuss. Ron was Chairman of the Senior Advi- Technical Sergeant Cheryl Ann Turnage, sory Committee of the Institute of Politics Naomi Warbasse, and Robert Whittaker. this tragic accident. at the Kennedy School of Government at SEC. 3. The Secretary of the Senate shall I also want to extend my sympathy Harvard. For him, it was a long and lasting transmit a copy of the resolution to each of to all of the families of those who died labor of love. As he had been inspired in his the families. in that tragic accident. Having trav- youth, so he always found time for the next The ACTING PRESIDENT pro tem- eled over there, I can see how that generation. While he was busy electing a pore. Is there objection to the imme- could occur. I can see how difficult President in 1992, he was never too busy for those whose election would come in 2012. He diate consideration of the resolution? that must have been for all of those families who lost loved ones as a result was there, year in and year out, for every There being no objection, the Senate meeting at the Institute of Politics. He proceeded to consider the resolution. of that tragic crash. would stay overnight in President Kennedy’s Mr. LOTT. Mr. President, it is the in- I could not speak more highly of a room at Winthrop House and eat and talk tention of the majority leader to bring person than I am presently speaking of with the undergraduates. He inspired stu- the resolution up for final passage Ron Brown. dents as he inspired CEOs. He was equally at sometime after tomorrow’s policy I knew some of the others on the home in the classroom and the boardroom, in luncheons. That will allow those Mem- plane. I actually met with some of the Harlem and at Harvard. So at lunch on Friday, we were to discuss bers who desire to come to the floor people who were friends of the crew who flew the plane. We had a crew that the meeting in Cambridge that was coming and pay tribute to Secretary Brown up later this month. The committee had a and other public servants and industry flew us into Sarajevo and into Tuzla couple of vacancies to fill. And now there is leaders who lost their lives. who basically had worked day in and an unfillable new vacancy. Mr. President, I yield the floor. day out with all of the members of that Ron was first in so many things—his career The ACTING PRESIDENT pro tem- crew. was so brilliant and conspicuous—that he pore. Under a previous order, the Sen- I know that I speak for everybody in was almost certainly bound to be a target for some as surely as he was a role model for ator from Utah [Mr. HATCH] is recog- the Senate and across this country in others. He was prepared to pay that price to nized to speak for up to 40 minutes. extending our sympathy to all those folks who lost their lives. I hope Ron’s advance his country and his beliefs. And Mr. KENNEDY. Mr. President, will something now demands to be said. This, my the Senator yield for a consent re- wife, Alma, will be comforted, and I friends, was a man of great honor who proved quest? hope that the family will be comforted anew my brother’s ideal that public service Mr. HATCH. I am delighted to. as well. He has my respect, and I am is a great and honorable profession. Mr. KENNEDY. Mr. President, I re- very happy to have had this time to I first came to know Ron almost half a life- quested through our leadership to be pay my respects this morning. time ago during his years at the Urban also included on the list. I ask unani- The ACTING PRESIDENT pro tem- League. He was in the vanguard of the new pore. Under the previous order, the generation of civil rights leaders. mous consent to be recognized after He already had then what he would later Senator HATCH for 20 minutes. Senator from Massachusetts is recog- bring to the highest places of power—a rare The ACTING PRESIDENT pro tem- nized to speak for up to 20 minutes. quality of double vision in public life, which pore. Is there objection? Without objec- Mr. KENNEDY. Mr. President, I enabled him to see the issues clearly and see tion, it is so ordered. would like to read into the RECORD a the politics just as clearly too. He knew how Mr. KENNEDY. I thank the Senator. tribute to Ron Brown which I gave last to steer by the stars, not just by the fading I thank the Chair. Tuesday evening at the Metropolitan signals of each passing ship. Mr. HATCH. Mr. President, I ask Baptist Church here in Washington. He honored me by becoming part of my unanimous consent that I be given an There were a number of speakers who campaign for President in 1980. He came on board as deputy campaign manager for civil additional 2 minutes so that I can per- reflected on Secretary Brown’s very rights, and soon became deputy for every- sonally pay my respects to Ron Brown considerable life, from early beginnings thing else as well. He was Will Rogers in re- and his family. to really an outstanding distinguished verse. I never met a person who didn’t like The ACTING PRESIDENT pro tem- career, and spoke with great tender- Ron Brown. pore. Without objection, it is so or- ness and sensitivity and thoughtful- In 1980, I lost the nomination. But in Ron, dered. ness, not only about Ron but also I gained another brother. Mr. HATCH. Mr. President, I will not about his family. He was irrepressible and undefeatable. For him, ‘‘no you can’t’’ always became ‘‘yes you say much here today except that I I would like to take just a few mo- can.’’ You can integrate that college frater- knew Ron Brown very well. I thought ments of the Senate’s time today to nity. You can win the California primary. he was one of the finest people in this read those remarks into the RECORD: You can rebuild the Democratic Party and town. I knew him when he was a leader Alma, Tracey, Michael and Tami, Gloria elect a President in a year when almost no on the Judiciary Committee under Sen- Brown, friends and fellow mourners: one else thought it could happen. Then you ator KENNEDY, and we were friends ever I speak this evening in tribute to Ron can reinvent government and invent a new since. Brown, because I knew him well and loved commercial diplomacy for a new post-Cold Many times I have lamented that we him dearly. But I join as well in tribute to War world. You can make the Commerce De- the thirty-four others we have lost, who have did not have as competent and tremen- partment work—and if you’ll pardon a par- now given the last full measure of devotion. tisan note today, don’t let anyone on Capitol dous a leader in our party as then Our hearts are breaking now. Our minds can Hill tell you you can’t. Chairman Brown was. We had good peo- hardly conceive the loss, or compose the Ron believed in government and all of you ple. We can be proud of them. But words to express the depth of what we feel. and in public service. He detested cynicism Chairman Brown did one of the best The poet could have been thinking of Ron and the shameful politics of running for of- jobs I have ever seen done in a national Brown when he wrote of another who died fice by trashing the institutions you seek to election. too young, in words used about my brothers lead. He helped to write history, and not a I also have traveled around the world too: ‘‘What made us dream that he could single word he wrote was petty or mean. comb gray hair?’’ I have been through other moments like and have seen some of the work that he Ron and I were supposed to have lunch this this, and I know how tightly we grasp the has done with regard to the Commerce Friday. It had been too long. We wanted to memories in order to keep the man. We re- Department’s work and opportunities, catch up. The Senate would be in recess, and call what was only yesterday, and smile and he did a terrific job. He was well Ron would be back from Bosnia. through our tears.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3253 I still see Ron, coming to play tennis on march toward greater division. And, on And people lost their lives in trying to early mornings before work. He’d arrive with this path, the signpost is marked: remove the color line in our law. three rackets, dressed to the nines, looking equal results for groups, not equal It was not so long ago that Ameri- like he was ready to play at Wimbledon. He rights for individuals. cans of black and brown skin could re- always won, and that’s why I always made This is a time when our national sure he was my partner in doubles. turn from service in our Armed Forces, He had a style and a soaring spirit. He had leadership needs to lead us down the be able to afford an apartment or a host of friends who were honored to serve proper path. I am concerned, however, house, yet be lawfully turned away be- with him—many of us assembled here that the President views this subject cause they were regarded as the wrong today—those who were with him on his last too much as a political issue. It has color for the neighborhood. Many of journey—and one other I must mention who been an issue which he has sought to the basic necessities of life—jobs, hous- was with him on that remarkable journey to manage in order to avoid an intra- ing, public accommodations, the right victory at the DNC—his sidekick, Paul party challenge or independent can- to vote—were legally denied or cur- Tully. Ron, of course, never had his tie out of place, while Paul never had his shirt tucked didacy from his left, rather than sim- tailed because of race, color, and eth- in. What a marvelous combination they were ply base policy solely on the merits. nicity. for their party and their country. Ron saw Thus, he has firmly and resolutely de- We will never go back to those days. and called on the best in Paul, and in all of fended, in principle, the current racial, But we must never forget them. And it us. ethnic, and gender preference regime in is necessary for white Americans to The great physicist Lord Rutherford was this country. And, in practice, he has have understanding in their hearts, once asked how he always happened to be preserved the vast bulk of the actual empathy in their actions and attitudes, riding the crest of the wave, and he replied, preferential programs, of which there and a willingness to address social ‘‘Well, I made the wave, didn’t I?’’ That’s problems in this country—not just the how I felt about Ron Brown. He was one of are dozens at the Federal level and those few who make the waves that carry us many more at other levels of govern- problems they and their neighbors face, to a better distant shore. ment, that make up this regime. At the but problems all of our people face. For his nation, Ron was more than an am- same time, he apparently believes he We need, in my view, a mutual under- bassador of commerce. His missions were pil- can nibble at the edges of this problem standing among the races that the leg- grimages of peace, of economic hope and de- of preferences, to look like he is doing acy of past and present-day discrimina- mocracy’s ideals. something meaningful about it. tion, and its social effects, must be ad- For his party and his President, he was We must start with a genuine dialog dressed, and that our actions and rem- close to the indispensable man. on race, ethnicity, and how public pol- edies addressing these problems must For his friends, he was a Cape Cod day and a cloudless sky. icy can be changed for the better. be fair and must avoid penalizing inno- For his family, he was everything—as they In my opinion, the discussion of this cent persons. We can do this. were for him. Sometimes, I’d call during the issue must begin with the under- This mutual understanding might be day to see if he and Alma could drop by that standing of this country’s history of summed up this way: The legacy of dis- evening. He’d call back and ask for a rain discrimination against some people be- tant discrimination, committed beyond check. Michael and Tami were going out, and cause of their membership in a par- the statute of limitations of our civil Ron and Alma were babysitting for their ticular racial, ethnic, or gender group. rights laws, must be treated as a socio- twins. How he loved those two young boys, Indeed, one aspect of this history, the economic problem, and not as a prob- Morgan and Ryan. His whole face would light continued subjugation of people up when he talked about them. lem calling for preferences against in- And how proud he was and how much he enslaved because of the color of their nocent persons today. Further, loved his children, Michael and Tracey. Ev- skin, is not merely an unspeakable evil present-day violations of our civil eryone who knew Ron knew how special they that mocked our principles and ideals; rights laws, of course, must be vigor- were to him, how much pride he took in in fact, slavery, together with the con- ously pursued; but, again, persons not their accomplishments, how close he was to tinuing discrimination following its victimized by present-day violations them. eradication, still has consequences should not be preferred over innocent And Alma, dear Alma, how he loved you. I today. persons in any remedy. remember vividly one time when Vicki and I I think many members of the white One way to illustrate this point is were talking to Ron and we saw Alma across the room. I mentioned how beautiful she majority in this country have dif- this: While title VII, which prohibits looked, how extraordinary she was. Ron’s ficulty appreciating just how signifi- discrimination in employment, can en- face lit up with that sparkling trademark cantly different and less hospitable an sure that the best qualified person not smile, and he said, ‘‘She’s pretty spectacular, experience black people, and members be denied a job because of race, eth- isn’t she?’’ That said it all, and the word of other nonwhite minorities, have had nicity, or gender, title VII does nothing ‘‘spectacular’’ was made for Ron Brown too. in our country. This does not mean, of to help anyone become the best quali- Now Ron’s journey of grace has come to an course, that Irish, Italian, Eastern Eu- fied person for a job. incomprehensible end. But for this genera- ropean, and other peoples in the white We need a mutual understanding that tion and generations to come, he is spectac- ular proof that America can be the land of majority did not suffer discrimination our pride in our racial, ethnic, and reli- opportunity it was meant to be. in America, or that religious minori- gious backgrounds in America is ex- We love you and we miss you Ron—and we ties in America, such as Catholics, actly that, pride in an important part always will. Jews, and Mormons, have not been vic- of ourselves, and hostility to no other f timized because of their religion. Some person on its account. of this discrimination, regrettably, We need a mutual understanding that CIVIL RIGHTS POLICY AND THE still occurs. But the color line in this we live in a free and good society, with NATION’S FUTURE country, was, and is, one of the all of its flaws, where opportunity and Mr. HATCH. Mr. President, our coun- harshest lines that has ever confronted the ability to dream big dreams remain try stands at a crossroads in the path our people. open to us, where progress has been it travels in relations among the dif- It was not so long ago that State made in making the great possibilities ferent races and ethnic groups that Governors stood in schoolhouse doors of America available to all, and where make up the American people. Down to bar black students from entering. we are not yet finished. one path is the way of mutual under- Black and Hispanic youngsters were Indeed, I say to my fellow Americans, standing and goodwill; the way of equal discriminated against at all levels of we are not ultimately defined by our opportunity for individuals; the way of education in many parts of the coun- race, ethnicity, or color, but by our seriously and persistently addressing try. It was not so long ago that U.S. common humanity and our common our various social problems as Amer- marshals and Federal troops had to citizenship. American values, Amer- ica’s problems. It is the way, ulti- protect public school children and col- ican principles, American ideals must mately, of greater unity among our lege students in exercising their con- be our guide. Our Declaration of Inde- people. Down the other path is the way stitutional rights. People were mur- pendence says it well: ‘‘We hold these of mutual suspicion, fear, ill will, and dered because of their black, brown, truths to be self-evident, that all men indifference; the way of group rights and yellow skin—a crime still com- are created equal, that they are en- and group preferences. On this path we mitted in our country in recent years. dowed by their creator with certain

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3254 CONGRESSIONAL RECORD — SENATE April 15, 1996 unalienable rights * * * .’’ We had to respect for others. I believe that reli- sion to school because of race, eth- learn that this included women and gious institutions must play a vital nicity, or gender should be made whole. men other than white men, but we role in helping foster these values in In the case of employment discrimina- have learned it. We must make it work our young people and that government tion, for example, back pay and the in every generation. We are in life’s should encourage such a role, not place next available job with retroactive se- journey together. We are inextricably needless obstacles in the way. Sound niority should be made available to the bound together by our God-given hu- general policies include tough victim of discrimination. The discrimi- manity, common citizenship, and com- anticrime and antidrug strategies. nation should be enjoined. mon heritage as Americans. They include welfare reform aimed at But, no innocent third party should Over 200 years ago, a very wise mem- fostering greater independence and be forced to lose or delay a job, a pro- ber of our founding generation, Ben- self-sufficiency. They include sound motion, a training opportunity, or be jamin Franklin, referred to his fellow policies for generating economic laid off in favor of a person not victim- ragtag rebels in 13 discordant, often growth and job creation, including job ized by discrimination because that quarreling colonies fighting the world’s training; improving our schools; and person is the same color as someone greatest superpower and said: ‘‘if we do policies favoring housing construction who was, in fact, discriminated not hang together, we will all hang sep- and low interest rates. Reducing trade against. That is the difference between arately.’’ barriers, reducing taxes, lightening the a policy of individual rights versus Today, I say, if we Americans do not regulatory burden, creating and sus- group rights. progress together as a people, we will taining a growing economy—all of this President Clinton, in defending poli- surely decline in our own separate, is the foundation of our progress as a cies of group rights that are one sig- squabbling groups. people. To borrow what has become a nificant part of the modern day affirm- Today, Americans face many chal- familiar phrase—a rising tide lifts all ative action structure says, mend it, lenges: world economic competition; boats. don’t end it. I say, with respect to the instability in parts of the world, hos- But second, Americans must under- preferences that are a significant part tility in others; international and do- stand, that for the descendants of of affirmative action, two civil wrongs mestic terrorism; crime in our streets; slaves and for others whose history in do not make a civil right. improving our educational systems. We this country includes a color barrier, Affirmative action that utilizes or must face these challenges together. there are special problems in achieving encourages preferences on the basis of Some things must come from within their piece of the American dream. race, ethnicity, or gender in actual se- the individual, and from within our These problems require acknowledg- lection decisions—hiring, promotion, families, our neighborhoods and com- ment and response. A mix of focused layoff, contract awards, school admis- munities. These are clearly the places private and public action, guided by sions, scholarship awards, government where our work must begin and where fair play for all, is called for. benefits—whether labeled goal, quota, our progress must occur. But we must It is to this second point I now wish or otherwise, is wrong and should be help each other and work together. to turn. ended. These preferential devices are While we cannot, and should not, Racial, ethnic, and gender discrimi- merely another form of discrimination. compel people to associate with one an- nation, of course, regrettably, con- I stress that preferences come in many other socially, if all we have done is re- tinues down to the present day. forms—not just quotas and not just in Fortunately, this Nation finally place a government imposed color line numerical formulations. adopted an array of civil rights laws with a voluntary color line imposed by It is acceptable, in contrast, for an aimed at eradicating discrimination our indifference, fear, mistrust, or su- employer to engage in affirmative ac- based on race, ethnicity, color, dis- perior attitudes, we will all be the los- tion that calls for reviewing personnel ability, and gender. Our civil rights ers. And, if all we have done is replace practices to ensure they are free of dis- laws should be vigorously and sensibly one set of discriminatory practices crimination. It is acceptable for em- enforced. with another, in the name of non- ployers to make an effort to recruit ap- But, Mr. President, there is danger plicants from among those who tradi- discrimination no less, we will never and risk as we address problems stem- tionally do not apply for the job—or in reach our full potential as a united ming from past and present discrimina- other contexts, for a contract, or people. tion. You don’t put out a forest fire by school admission—after which the se- I think it is useful to pose this funda- pouring gasoline on it, and you do not lection is made without regard to race, mental question: What is it our fellow cure discrimination—past or present— ethnicity, or gender. In appropriate cir- citizens whose skin color is other than with more discrimination. white really want? Every individual is made in God’s cumstances, other affirmative steps, I claim no special expertise. I speak image and should be treated in the targeted to disadvantaged persons, but for myself only as a citizen and public workplace, the business world, schools, open to all on a nondiscriminatory servant, to offer this observation: public accommodations and the like basis, are acceptable. Thus, a job train- Americans who are part of a racial or without regard to race, ethnicity, or ing program aimed at the chronically ethnic minority group want decent and gender. If we cannot stand as a nation unemployed, or the urban unemployed, secure jobs; good schooling for their for that simple, powerful, yet histori- is fine, so long as no one is ever turned children; safety in their streets and cally elusive principle today, when will away because of race, ethnicity, or gen- neighborhoods; decent housing; a we ever stand for it? And what do we der. If such a job training program is chance to go as far as their abilities stand for, as a nation, if we do not established in New York City or Wash- and drive take them; a chance to earn stand for equal opportunity for every ington, DC, for example, no doubt some of the finer things in life. individual? many racial and ethnic minorities Am I not describing the very same I stand for the primacy of the indi- should be able to take advantage of it. things the white majority in this coun- vidual. Our rights as Americans do not But nonminorities also live in these try wants? As different as our experi- turn on the color of our skin, our eth- cities and if they otherwise qualify for ences may be, and as different as our nic background, or our religious faith. the program, they should not be denied skin color may be, are we Americans Just as we should never forget that entry because of race or be subject to really so very much different from one America has often departed from her express or implied numerical limita- another? My answer is no. founding principles and ideals of equal tions. Former New York City Mayor Ed If I am right, two things follow. opportunity for individuals, we should Koch testified on October 23, 1995, be- First, sound general public policies never forget that those are the prin- fore the Subcommittee on the Con- that help all of our citizens are needed. ciples and ideals we should ever be stitution, that he was unhappy at one These include policies to strengthen striving to fulfill. And in our necessary point with the low numbers of minori- and nurture families. These policies in- effort to right old wrongs, let us not ties passing police exams in New York clude an emphasis on traditional val- create new wrongs. City. He put a training course in Har- ues such as honesty, hard work, indi- A person denied a job, a promotion, a lem—open to all. That is affirmative vidual responsibility, compassion, and contract, a training program, or admis- action in the right sense.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3255 Instead of government setting aside a perform pursuant to the same stand- children should learn. The performance percentage of contracts on the basis of ards. Of course, taking into consider- of the kids at this school is way up—a race, ethnicity, or gender, why not es- ation an applicant’s overcoming pov- school which is 94 percent minority and tablish and foster a mentor program erty or other barriers to success, as one where 82 percent of the kids are eligi- whereby established, experienced con- part of the evaluation of an applicant, ble for free or reduced price lunches. tractors provide advice, guidance, and is acceptable in college admissions so Prof. Susan Estrich has written contacts to new or small businesses, re- long as those criteria are applied about the efforts of the new California gardless of the race, ethnicity, or gen- equally to all races, and are not thinly Superintendent of Education. I’ll sum- der of their owners? This will benefit veiled proxies for race. But we need to marize the gist of the column by citing minority- and women-owned businesses start earlier than that. Then New York its title: ‘‘A Novel School Plan: Back without denying anyone such help. City Schools Chancellor Cortines pro- to Basics.’’ State and local governments, instead posed a math and science institute for Some of us believe at least part of of trampling on equal opportunity by 350 seventh and eighth graders to help the answer also lies in reducing govern- setting racial numerical requirements prepare them for the difficult examina- ment barriers. This should include a or goals, could sponsor seminars about tions for admission to three academi- meaningful entry level training min- the contract bidding process, methods cally selective high schools. Students imum wage for teenagers, enterprise of obtaining bonding, and so on—open of all races and all parts of the city are zones, repeal of the Davis-Bacon Act, to all, but located where they can ben- eligible under that proposal, but the and encouragement of private sector efit minority- and women-owned busi- emphasis would be on those parts of initiatives for everything from job nesses. Rather than discriminate, why the city that send the fewest kids to training and mentoring young people not enhance people’s abilities to com- those high schools. Mostly black and from disadvantaged backgrounds, to pete? This is what the Federal Govern- Hispanic kids would benefit from the ways of strengthening the family. ment should be encouraging State and extra preparation. And the standards Local and State governments need to local governments to do. for admission for the three high remove barriers to entry into different The September/October 1995 issue of schools would not be altered. As I un- occupations. The American Enterprise mentions an derstand it, there is to be no racial or I do not claim to have all the an- Austin, TX nonprofit organization ethnic preferences for admission to the swers. I expect others have different called the National Council of Contrac- preparatory program or to the three ways of looking at these issues, and tors Association [NCCA]. It was formed high schools—but an effort to improve different solutions. But I do believe we with a small grant from the city of people’s abilities in this urban school need to talk about this in a civil and Austin. It is 2 years old, and its help is district. serious way. available to all small businesses, We need to evaluate the concept of And I believe that a stubborn defense though most of the businesses it helps public and private school choice, of preferences sidetracks us from find- are minority or women owned. NCCA through vouchers or similar programs. ing better, fairer solutions. I will have provides firms with expert advice on Businesses need to lend a hand to our more to say about this in later re- how to win contracts, donates account- public schools. It is in everyone’s inter- marks. ing services, and helps them win bond- est. Businesses need workers who can But, let us engage in this dialog. Let ing. In a year and a half, NCCA helped perform, or they lose out in this global us examine the ramifications of our 83 firms win 171 contracts. We should economy. choice of the road to take. And let us encourage such programs, open to all, I received in the mail a report of the not sweep these issues under the rug in but located where they can benefit mi- Lindahl Foundation, founded in 1991 our national debate. Let us deal openly nority and women owned businesses. and privately endowed by the chairman with these issues and help lead our I think we ought to take some cal- of State Industries, Inc. of Tennessee, country down the road to a more culated risks to help small businesses. the largest manufacturer of water united people. I am willing to support a small pilot heaters in this country. John R. (The remarks of Mr. KENNEDY per- program at the Small Business Admin- Lindahl established the foundation to taining to the introduction of S. 1668 istration, where the Government in- ensure that any child of his employees are located in today’s RECORD under sures the bonding of new, small compa- has the financial aid to get an edu- ‘‘Statements on Introduced Bills and nies owned by persons of any race or cation after high school. He expanded Joint Resolutions.’’) gender—with less net worth, fewer cap- it to other students in the county. It is Mr. DORGAN addressed the Chair. ital reserves, and less experience than based on need, aimed at academically The PRESIDING OFFICER (Mr. current programs require. I am willing worthy kids who may not be scholastic THOMAS). The Senator from North Da- to see whether such an approach, espe- superstars, but who could do the work kota. cially if coupled with technical assist- in college or vocational school, if only Mr. DORGAN. Mr. President, I yield ance, can make a difference in getting they could afford it. Nearly 350 young myself 20 minutes from the time allot- new small businesses off the ground people have received awards of $1,000 to ted to the minority leader. and able then to compete in the mar- $4,000 as a result of this patriot’s effort. The PRESIDING OFFICER. The Sen- ketplace. If it turns out that reducing The brochure has pictures and words of ator is recognized for 20 minutes. current requirements in providing this thanks from grateful young men and f help does not work, and these busi- women, black and white, including one THE MINIMUM WAGE nesses do not successfully perform, we young woman who was able to fulfill should then drop the program. If it her dream of attending Brigham Young Mr. DORGAN. Mr. President, we will does make a difference, we can expand University. be dealing with some interesting and it in an orderly way. But we have to Our public schools need to improve. very important issues here in the U.S. try approaches that get us away from The August 20, 1994, New York Times Senate this week. This follows a break race and gender lines. carried a statement from Albert during which, in the intervening couple Government can look for more oppor- Shanker, president of the American of weeks, most of us spent time in our tunity to contract out some of its serv- Federation of Teachers. He tells the States. I was in North Dakota, and I ices—creating more opportunity for story of the principal of an inner-city met a wonderful man in North Dakota businesses, at less cost. elementary school in Baltimore. The who was our State’s oldest citizen, 110 Instead of racially exclusive scholar- principal eventually prevailed upon the years old. His name is Nels Burger. He ship programs operated by colleges, Baltimore school system to use a pri- is a wonderful Norwegian man who colleges could make aid available based vate school’s model for teaching. The grew up and lived on a farm in North on need, without racial preference. In- model is conservative in both edu- Dakota. He has a vivid recollection and stead of preferences in college admis- cational philosophy and curriculum, memory of farming in North Dakota sions based on race, we need to with a strong emphasis on reading and all those many years. strengthen elementary and secondary writing, and specific week by week, I was thinking, as I was preparing to education so children are better able to year by year benchmarks of what the come to the floor today, of the things

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3256 CONGRESSIONAL RECORD — SENATE April 15, 1996 that have changed during the lifetime tion of $1.5 million, and a bonus of $1.2 women. Forty percent of the people on of Nels Burger. It you think of what million. That is a 23-percent jump in minimum wage are providing one-half has changed in 110 years in this coun- compensation in 1 year. These are the of their families’ income, and there are try, it is really quite remarkable. Nels folks at the top of the economic ladder. more than 1 million working for the was born in 1885. There was once a Now, the question is, What about the minimum wage who are providing the story about an old fellow being inter- people at the bottom of the economic sole support for themselves and their viewed by a radio interviewer, and the ladder? It is interesting, when we dis- children. interviewer said to him—he was 85, 90 cuss topics here in the Chamber, that I know some who will say minimum years old—‘‘You must have seen a lot there is a room off the Chamber called wage is for kids. That is not true. We of changes in your life.’’ The old fellow the reception room, where visitors ought to at least debate the facts. said, ‘‘Yep, and I was against every one come and where people who are inter- There are kids working for the min- of them.’’ Well, there are people like ested in legislation will congregate. I imum wage. I understand that. I accept that. They are against every change as can recall when we passed the tele- that. But there are plenty of people it is proposed. Yet, a series of changes communications legislation, it was who have nothing who are out there have made life better in this country. full. It was a traffic jam in the recep- trying every day in every way to make We are going to talk this week about tion area in the hallway outside the a living on $4.25 an hour, and after 6 the minimum wage. Some say, well, we Chamber of people who were interested years their wages have been decreased ought not have the minimum wage at in this legislation and of companies because $4.25 an hour buys less. The all. Others say we ought to have a min- that had an interest in this legislation. question is, Who will speak for them? imum wage. For those that are work- When we passed the defense authoriza- Who will stand up for their interests? ing at the minimum wage, they ought tion bill, the hallways were jammed This is our job. to at least be able to keep pace with in- with people who had an interest in that Our responsibility is not to decide flation. legislation. Even when Senator BUMP- that the market system does not work. We will have all kinds of economists ERS and I brought to the floor a pro- The market system does work. This is weigh in on this subject. We have posal to eliminate the National Endow- a wonderful country with a market economists on one side and economists ment for Democracy, we had a ‘‘Who’s system that has produced the richest on the other side. It makes you yearn Who’’ in corporate America, a ‘‘Who’s capitalistic society that very few peo- for the old days when Roman priests in Who’’ in the Republican Party, a ple could ever have imagined. I pay ancient Rome were called augurs, per- ‘‘Who’s Who’’ in the Democratic Party, great tribute to the men and women forming something called augury, a ‘‘Who’s Who’’ in the chamber of com- who risk their resources, who work which was the body of knowledge we merce, and the AFL–CIO all sitting out long hours in the day and night to now know as economics. Augury. They there trying to kill our amendment be- start a business and try to make a go would read the entrails of sacrificed cause they all got money from the Na- of it. I understand that as well. We cattle, or read the flights of birds, and tional Endowment for Democracy. So, have also understood that part of this from that portend what the future may there was a traffic jam outside this system requires some rules and that we or may not hold. Actually, the science Chamber. All kinds of people who had are the referee in this system. of economics or the field of economics an interest in the legislation were Someone stood up at a luncheon is probably not much more accurate hanging around. meeting I attended the other day and than augury, but we will have plenty of It is interesting, when we talk about said, ‘‘How do you justify speaking on economists weigh in on both sides of the minimum wage, there is no one behalf of the minimum wage?’’ I said, this issue. outside this Chamber. No one is wait- ‘‘Do you not support a minimum It seems to me that the issue of the ing, no one is lobbying—except against wage?’’ He say, ‘‘No.’’ I said, ‘‘Do you minimum wage ought to be simple for it—no one is out there saying, ‘‘We think there is not a minimum at all?’’ this Chamber. It ought to ask two have some people who get up in the He said, ‘‘That is exactly the case.’’ He questions: One, should there be a min- morning and make breakfast for a cou- said, ‘‘I don’t think you ought to inter- imum wage? Some will answer no, but ple of kids, and then work for 8 or 10 fere with the market system in any I think the prevailing mood in the Con- hours at $4.25 an hour, and come home way. There should be no minimum gress would be yes. We have had a min- and try to figure out how far that wage in America.’’ Then I asked, imum wage in our country for a long stretches, how much milk can you buy ‘‘Should you be able to hire 12-year- time. It has benefited those at the with that.’’ Will it pay for the medi- olds and work them 12 hours a day? lower end of the economic ladder. cine, the milk, and the diapers? They Should you be permitted to do that?’’ Should we have a minimum wage? If do not have time to come out here and The Government has said with child the answer is yes, then the question is, lobby. They do not have the capability. labor laws that there are certain things What should it be? We now have a min- They do not have the money. that are not appropriate. We used to imum wage that is about $4.25 cents an So, there is not a traffic jam out in have 6-, 8- 10-year-olds working in tex- hour. Eleven States have a higher min- the hallways when we talk about min- tile mills in this country. We said, imum wage than the Federal Govern- imum wage because no one is speaking ‘‘That is not appropriate.’’ So we ment has. There are a few States that for the people who do not seem to have passed child labor laws. Even then we have a lower minimum wage. Most of much of a voice in this system of ours. had people that said it is not appro- the States have a State minimum wage At least, not many are speaking for priate for us to interfere with the mar- that is exactly the same as the Federal them. We have people in this Chamber ket system, that children ought to be minimum wage. who would not know the price of dia- able to work, that people ought to be If one thinks there ought to be a pers or milk or bread who tell us $4.25 able to employ 10- or 12-year-olds in minimum wage in our country, then is just fine. Never mind the fact that the mill. But we thought through that the question is, What should it be? Or, inflation means that $4.25 purchases issue a little bit as a country and we should it ever be changed? Should we less than it did 6 years ago. It does not decided no. The better part of judg- decide that the minimum wage shall matter to us, they say. Never mind the ment was to decide that there are cer- remain where it is, while others on the fact that the top of the economic lad- tain rules within this market system economic ladder in this country move der gets a 23-percent pay raise. Let us which represent basic fairness. And up? During the past year, there was a freeze the bottom of the ladder, they among those rules was the minimum story in the newspaper that said CEO’s say. Well, it may not matter to some wage. at major corporations got a 23-percent people in here, but it matters to mil- I am not here to suggest that there is raise in 1995. The average salary has in- lions of people around the country who anyone in here that does not care creased to $991,000, but that was only a are trying very hard to go to work and about people at the bottom of the eco- quarter of their earnings. The average to care for their families. nomic ladder. I do not want to be stock option was $1.5 million. The aver- The vast majority of the people judgmental about that. I do hope, how- age bonus was $1.2 million. So, they re- working for minimum wage are adults. ever, that all of us in the Senate—and ceived a salary of $991,000, a stock op- Sixty percent of them are adult in the House—will understand a little

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3257 bit about what it is like to be on the er amount of taxes, and most people do course, there is no one here now be- bottom of the economic leader. not very much like the Tax Code that cause we are not having votes today— I encourage everyone in the Senate we have. It is too complicated. It is when everyone gets here who would to some morning before we vote on the sometimes unfair. And there is not any stand up and raise their hand and say, minimum wage again to get up and go reason that we ought to have a Sears ‘‘Yes, I support that. That is my provi- downtown to a homeless shelter and Roebuck-style catalog in order to try sion. I sure like that notion. Let us talk to a young woman whose husband to have to read through and understand provide more benefits to people who left her, who has two or three children, the rules of our Tax Code. We ought to move their jobs overseas?’’ Do you who has no skills, who has no money, be able to do this simpler than that. I know something? I could not find one and who has no place to live. Talk to hope working together that we will Senator who would stand up and sup- her about her experience working at find a way to do it. port it. It is like the blimps in the de- minimum wage. When she works she But I want to focus on a couple of fense bill. We wrote in $60 million to loses AFDC. When she works she is told things in the Tax Code that kind of re- buy blimps in the defense bill. she cannot save any money to prepare lates to what I was talking about on So I said, ‘‘Will anyone in the Cham- for her first month’s rent and 1-month the minimum wage. There is always a ber tell me who thought we should security deposit. There is not any way way for the bigger interests to fill the spend money in the defense bill to buy she can save money to try to get an hallways out here with really smart blimps?’’ I could not find a one. It is apartment to shelter her and her kids. people who conceive of ways them- funny how difficult it is to find people After you have talked to her for a bit, selves to avoid paying taxes, or of ways in the Senate when you discover a pro- think, ‘‘If it were me, how would I get for someone else to pay a little less in vision in law or a provision that is pro- out of this circumstance?’’ I will bet taxes. I will give you some examples of posed in the Balanced Budget Act that you that you would have, as I did, a dif- that. We have a provision in our Tax would actually reward, above the cur- ficult time understanding how you pull Code that I have talked about half a rent incentive, companies for moving yourself up and out of that kind of cir- dozen times that says to companies their jobs overseas. cumstance. close your plants in America, move it Most of us understand what has hap- I ask everybody in this the Senate as and your jobs overseas, get rid of your pened to American jobs. There have they think about the minimum wage to American workers, hire foreign work- been some jobs created in the service think about the people who are strug- ers, get a foreign plant and foreign sector, but we have lost about 3 million gling to try to make a living every sin- work, produce the same product, and good-paying manufacturing jobs in this gle day and who find now that their then ship it back to our country and we country since 1979—3 million manufac- $4.25 an hour buys a whole lot less than will make you a deal. If you do that, turing jobs. When you talk about man- it did 6 years ago. We are now near in we will give you a tax cut. Most people ufacturing, then you are not talking terms of purchasing power a 40-year would think that cannot be the case. about minimum wage. Manufacturing low in the minimum wage. And we Anyone who proposed that would have represents the seed bed of good jobs ought to pay as much attention to the about a 2-second political life. No. That with good income in this country, and needs of those at the bottom of the eco- is true. It is in the Tax Code. I have that is why I have talked again and nomic ladder as we seem to day after tried to get it out of the Tax Code. I again in the Chamber about measuring day to pay for those at the top of the lost last year by a 52 to 47 vote on the America’s economic progress not by economic ladder. My hope is that we Senate floor. We are going to vote on what we consume but by what we will—Republicans and Democrats—un- that again this week. I am going to produce, because what we produce is derstand that there are people who offer an amendment to the immigra- what matters. That is what economic have no voice out there, or who feel tion bill that proposes that we shut health is about. Do we retain a strong they have no voice, and that we should down the insidious tax loophole that manufacturing sector in this country? raise our voices on their behalf. There encourages somebody to shut their Do we retain strong jobs that pay well are people out there who work hard but American plant, move their U.S. jobs in this country? still feel they have no hope. We ought overseas and then produce the same At the same time we are all talking to offer hope to those people. That is product and ship it back into our coun- about wanting to do that, we have in what we ought to be about. try. We will have another vote this the Tax Code—and I bring it to the at- The easiest thing in the world is to week on that. tention of the Senate on tax day—a be negative. The easiest thing in the We also have had this debate about provision that says we would like to re- world is to oppose and reject. The hard- the budget balancing proposal that was ward you if you leave America. Take est thing in the world is to be a builder vetoed by the President. And it is in- your jobs and go, take your plant and and to try to understand what is right teresting. When you take a look at run, and we will give you a reward. In and what improves life in this country. some of these details that are put into fact, all the rest of the American tax- I hope we can decide in a bipartisan these large pieces of legislation, which payers will pay for it; $2.2 billion is the way to do that in the coming day or by the way alters in favor of the line- reward for companies that move their two, or week, when we discuss once item veto which I supported—I am de- jobs overseas—$2.2 billion. again the minimum wage. lighted the President will now have That does not come from me. That f that—but in that big budget bill there comes from the Joint Tax Committee. a number of little provisions. Let me That is their estimate of how much THE ISSUE OF TAXES cite one of them. revenue is lost in this country because Mr. DORGAN. Mr. President, on the One was a provision which called to we provide an incentive for those who issue of taxes, today is tax day, April repeal section 956(A) of the Tax Code. would close their American plants and 15. And there will be a lot of discus- There are not two people awake in move their American jobs overseas, sion—I think even later this morning— America who understand what that is produce the same product they used to on the floor about taxes. I do not think except the companies who are going to produce here and then ship it all back anyone in this country particularly benefit from it. That was a little provi- to United States. And what has hap- likes to pay taxes. I understand that. I sion stuck in the bill that was supposed pened? The only thing that has hap- personally take great pride in paying to balance the Federal budget that pened is that we no longer have the taxes to help create wonderful schools went to the President and he vetoed it, jobs in America. Somebody overseas that will educate our children. All of us a little provision that says, by the way has those jobs, and someone who con- ought to beam a little about that. We let us spend $244 million making it trols those jobs makes more money and created opportunities in our country— more attractive on top of the already pays no taxes. building roads, building schools, doing perverse incentive we have in the Tax In my judgment, that is no way on a lot of things that have made life bet- Code to move your jobs overseas—re- tax day to celebrate. What we ought to ter in our country. So I understand peal of section 956(A). I have asked on do on tax day is talk about things we that. But I understand that on tax day four or five occasions, is there someone all talk about—complexity, yes. Let us most people would prefer to pay a less- in the Chamber of the Senate—of simplify the Tax Code. Let us make it

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3258 CONGRESSIONAL RECORD — SENATE April 15, 1996 more fair even as we make it more sim- which would benefit this country, all every American family, every Georgia ple. But at the same time let us decide people of this country, even those who family, every citizen comes face to face that that Tax Code ought to be neutral do not have the capability of sending with—the direct burden of Government on the subject of moving jobs. The Tax an army of special interest folks to and the enormous consumption of the Code ought not be tilted in favor of surround this Chamber as we debate wages of labor that are consumed by taking your jobs and leaving the their favorite issue. the U.S. Government and government United States of America. Mr. President, we will have a great in general. Those are the kinds of issues that I deal of discussion on these issues this Depending on what you count, today think we as a Senate will have to con- week, I am certain, and my hope is Americans work from January 1 until front in the rest of 1996. I know it is an that we will, on the first question I about June 31 for the Government be- election year, and I know some predict asked today, answer with reasonable fore they are able to keep the first that not much can be done because we unanimity: Should there be a minimum dime for themselves, their families, have all the tensions, and so on. The wage? I hope most Members of this their educations, their dreams. I think businesses of this country will not wait Chamber will answer yes. Thomas Jefferson must surely have for an election. We will be hard pressed And if they answer yes, then let us many times rolled in his grave because to explain to someone who is strug- spend the rest of the time asking the he could never, ever have anticipated gling out there at the minimum wage question: If there should be a minimum that there would come a time that that, well, we cannot really deal with wage, then what is a fair level for that nearly half the resources of those who this now because there is an election minimum wage? Is it fair having it fro- labor for it are removed from those coming. That is just something we can- zen for 6 years? When the top of the families and those individuals and sent not deal with. There is too much con- economic ladder gets a 23 percent pay to some government to redetermine troversy, and we just are not able to do increase to an average $3 million a what ought to be done with the wages it. That is going to be lost on a lot of year, is it fair then to say to the bot- of the person who earned it. people who are trying very hard to tom, at the lowest rung of the eco- To just quickly summarize—and I am make a living day after day. nomic ladder, ‘‘By the way, we will going to yield to my good colleague There is not in this Senate one side freeze your pay for 6 years?’’ I do not from Tennessee—but in my own State, of the aisle that cares a lot about peo- think that is the answer most people I have asked that a picture be made of ple and the other side that does not. would come to if you think about it the average Georgia family. This is the That is not the case I am trying to reasonably and you think about it in perfect day to reveal what that picture make. But there has been a confluence the context of what would be best for looks like—April 15. That average fam- of public policies in the last year and a the millions of people in this country ily earns about $40,000 a year. Both half that represent a more extreme at the bottom who are struggling very spouses work and they have two chil- view of where we ought to head—the hard to make ends meet. dren. Remember, now, they earn notion that somehow the only thing I yield the floor. around $40,000 a year. They spend $4,183 that makes the American engine work Mr. President, I make a point of in Federal income tax liability of the is if you pour in some petroleum from order that a quorum is not present. $40,000. They spend $3,118 in FICA the top. It is classically the old trickle- The PRESIDING OFFICER. The taxes. They spend another $844 in other down approach; if you help everybody clerk will call the roll. direct and indirect Federal taxes. They at the top, somehow everybody at the The assistant legislative clerk pro- forfeit $5,061 in local taxes, State and bottom gets damp or somebody at the ceeded to call the roll. local. This family’s share of the new bottom benefits. Mr. COVERDELL. Mr. President, I regulatory apparatus we have been Hubert Humphrey, who was our ask unanimous consent that the order building for the last some 30-odd neighbor over in Minnesota, a wonder- for the quorum call be rescinded. years—this is an unbelievable figure— ful man, said, ‘‘I have a different view The PRESIDING OFFICER. Without is $6,615. This family’s share of added of this. My view is the ‘percolate up’ objection, it is so ordered. interest costs because of our $5 trillion theory in our country. You give every- f national debt is $2,957. That comes to one in this country a little opportunity $22,778, 51 or 52 percent of all wages. to be able to do well and things per- UNANIMOUS-CONSENT Every average family in Georgia is colate up and make this American en- AGREEMENT—S. RES. 241 working half time for somebody else— gine run.’’ He said ‘‘This trickle down, Mr. COVERDELL. Mr. President, I the Government. that is the approach where if you give ask unanimous consent that Senate the horse some hay, at some point Resolution 241 be temporarily set aside America depends on these families to maybe the sparrows will have some- until Tuesday, April 16, at a time to be raise the country. We ask them to thing to eat.’’ determined by the majority leader house the country, to educate the We ought to understand in this coun- after consultation with the Democratic country, to feed it and clothe it, trans- try that the American economic engine leader. port it, and see to its health. But we works best when all of the American The PRESIDING OFFICER. Without only leave them half of all their earn- people are working. The incentive in objection, it is so ordered. ings to do this great work that we have the minimum wage is to try to be fair Mr. COVERDELL. Mr. President, depended upon for so long. The end re- to those at the bottom of the economic under the previous order, I am recog- sult is middle America, the average ladder. And it is not fair to say after 6 nized during morning business for a pe- hard-working family, has been years, 6 years of freezing you, because riod of 90 minutes. I ask unanimous marginalized, has been literally pushed you lose purchasing power year after consent that during this period I be to the wall because of the consump- year, that we are going to continue to permitted to yield portions of my time tion, the insatiable consumption of do that. That is not fair. And it is not to other Members without losing my Government. fair to those on the minimum wage right to the floor. I would have to say this is also the that our Tax Code on tax day contains The PRESIDING OFFICER. Without result of certain elitists in our country a provision that says, ‘‘By the way, the objection, it is so ordered. that have concluded that this average job you aspire to’’—you are on min- f family in Georgia is unable to make imum wage, but you aspire to a better decisions for itself and that decisions job, a manufacturing job perhaps—‘‘is TAX DAY about its future, its health, its welfare gone, because in our Tax Code we paid Mr. COVERDELL. Mr. President, if are best made by some Washington somebody to take it out of America.’’ he were still alive, President Roosevelt wonk in the belly of one of these build- That is not fair either. would say April 15 is ‘‘a day that will ings in the Capital City, and it is bet- There are provisions, it seems to me, live in infamy.’’ We have all come to ter that their wages come here so that that we can and ought to agree on as know this very special day as one of some bright person can determine how Democrats and as Republicans that great dread in our country, as we come best this family ought to be preparing represent a fair economic approach to grips with the enormous burden for its future and its needs.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3259 I reject that theory outright and I Mr. President, unlike the current oc- IRS could not fully explain $2 billion in believe America does too. I did not be- cupant of the Oval Office, President expenses, and it could not use the so- lieve I would ever be standing on the Calvin Coolidge was a man of few phisticated new computer equipment floor of the U.S. Senate, talking about words. However, the thoughts he ex- that cost taxpayers more than $3 bil- average families in my State forfeiting pressed when he chose to speak were lion. So it is still using the old record- nearly half their earned wages to sup- quite precise; it hit the nail on the keeping and billing system designed in port this burgeoning, growing, unfet- head. the 1950’s. tered consumption by Federal and On the subject of Government spend- Perhaps that is why when Money other governments. ing, he once, very accurately, observed, magazine hired 50 tax experts to pre- With that opening statement on this ‘‘Nothing is easier than spending public pare the return of a hypothetical typ- infamous day of April 15, 1996, I yield money—it does not appear to belong to ical American family it got 50 different to the good Senator from Tennessee up anyone.’’ results. They found the Tax Code to be to 10 minutes. Apparently not. so vague, so confusing, so contradic- The PRESIDING OFFICER. The Sen- Federal spending has risen steadily tory that, as Money’s editor put it, ator from Tennessee. and continuously over the last 40 ‘‘The typical taxpayer has no way of Mr. FRIST. Mr. President, in recent years, and to pay for it, so has the bur- knowing how much they actually years the words ‘‘tax and spend,’’ have den on the American taxpayer. owe.’’ been used together so often that, Thirty-eight percent of a family’s in- Mr. President, it is time that Ameri- today, rarely do you hear one word, come is paid in Federal, State, and cans pay less taxes, not more. It is ‘‘tax,’’ without hearing the other word, local taxes and, as we just heard, in time Congress simplified the maze of ‘‘spend.’’ The phrase has become so Georgia it is even higher than that. regulations, penalties, deductions and common, so acceptable, so recognizable But, on average, 38 percent. And the credits that make compliance so dif- it approaches the use of words such as problem is getting worse. It was only 28 ficult. And it is time we made it harder ‘‘hand in glove’’ or ‘‘horse and buggy.’’ percent in 1955. Today, a taxpayer has for the IRS to make hard-working It is just when you think of taxes, you to work more than 3 hours out of an 8- Americans pay for its mistakes. That think of spending. hour day just to get enough funds to is why I have cosponsored the Tax- Like cliches that become popular be- pay the tax man. payer Bill of Rights 2. cause they deliver the truth with clar- And if paying taxes were not bad Among its more than 30 provisions, ity and simplicity, ‘‘tax and spend’’ enough, to add insult to injury, the the Taxpayer Bill of Rights will waive boils the point down to its essence. Government makes it as hard as pos- interest charges when the IRS, not the There is only one reason for raising sible for everyone to comply. There are taxpayer, is at fault. It will allow tax- taxes and that is spending more. now 555 million words in the Tax Code payers to sue the IRS for up to $1 mil- We just heard my distinguished col- with 4,000 changes made just in the last lion for reckless or negligent collection league from Georgia boil down this tax 10 years. There are 480 different tax actions. It will prohibit the IRS from burden to the effect on an individual forms provided by the IRS, and there issuing retroactive regulations. family. That tells the whole story. But are another 280 forms just to tell us Yes, the era of big Government is I cannot help but to share with you how to fill out those 480 forms. over. So is the era of tax-and-spend. this morning a conversation at break- Every year, in fact, the IRS sends out For, as Calvin Coolidge also so accu- fast, as I sat around the table with my 8 billion pages of forms and instruc- rately observed, ‘‘The appropriation of wife and three boys, Jonathan, 10; tions to 100 million taxpayers. This public money is always perfectly lovely Bryan, 8; and Harrison, 12. feat alone requires the pulp of 293,760 until someone is asked to pay for it.’’ Jonathan said, ‘‘You are coming back trees just to accomplish. He continues: ‘‘I favor the policy of from recess, dad. What are the issues? This year, individuals will spend 1.7 economy, not to save money, but to What are you going to be talking billion hours filling out their taxes. save people. The men and women of about?’’ Businesses will spend another 3.4 bil- this country,’’ he continues, ‘‘who toil I said, ‘‘Today is a big day for the lion hours to fill out their taxes, and are the ones who bear the cost of Gov- American people. It is tax day.’’ complying with tax laws will cost all of ernment. Every dollar we carelessly And Jonathan said, as any young us about $200 billion above and beyond waste means that their life will be so child does quite innocently, ‘‘What is the taxes themselves. much more the meager. Every dollar tax day? What does that mean?’’ But for some people, enough is never that we prudently save means that I said, ‘‘Jonathan, it has an impact enough. In the first major action that their life will be so much more the on every, every family in this great President Clinton took, you guessed it, abundant.’’ country.’’ he raised our taxes, and when Repub- Mr. President, when Ronald Reagan He said, ‘‘What sort of impact?’’ licans cut taxes as part of the Balanced was President of the United States, the I said, ‘‘Today, people will be writing Budget Act last December, the Presi- portrait of Calvin Coolidge hung in a checks, where a huge portion of what dent vetoed the bill. Why? You guessed place of honor in the Cabinet room as they earn goes to Washington, DC, to it, because he wanted to spend another one of the Presidents Mr. Reagan ad- the Federal Government.’’ trillion dollars on Government, not the mired the most. Mr. Clinton has bor- He said, ‘‘What do you mean?’’ He people’s, priorities. rowed much from Ronald Reagan. Per- said, ‘‘Don’t you pay sales taxes?’’ Tax and spend—one cannot live with- haps he would do well to borrow Presi- I said, ‘‘Yes.’’ out the other. dent Reagan’s appreciation of Calvin And he said, ‘‘How much?’’ And what are those priorities of the Coolidge as well. And I said, ‘‘About 38 percent, on av- American people? Today, all across Mr. President, I thank the Chair and erage, around this country, of income, America, the problems of crime, drug yield the floor. of money that you take in, goes to gov- trafficking, and illegal immigration Mr. COVERDELL addressed the ernment at the State, local, and Fed- are out of control. Yet, while we have Chair. eral level, 38 percent; 38 cents on the 24,000 FBI agents or 6,700 DEA agents The PRESIDING OFFICER. The Sen- dollar,’’ I said. or 5,900 Border Patrol personnel, we ator from Georgia. He looked up again with those inno- have 111,000 people working for the Mr. COVERDELL. Mr. President, a cent eyes and said, ‘‘Well, why does IRS. The Government cannot stop ille- moment ago, as we began this discus- anyone work if you have to give 38 gal drugs or illegal immigration, but it sion, I outlined the impact of Govern- cents away?’’ sure knows how to collect your money, ment and regulations and the costs on Clearly, it is much more complicated even if it cannot manage its own. an average family in my State. As I than that, but through those innocent This month, the GAO audited the said, it comes to almost 50 percent. eyes of a child, it does bring us to that IRS. What it found was truly astound- I think it might be interesting, and I real question of, why do we tax so ing. The General Accounting Office am going to yield in just a moment to much and spend money so extrava- found that the IRS could not account my good colleague from Idaho, but I gantly? for $10 billion it says it collected. The would like to make a point about what

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3260 CONGRESSIONAL RECORD — SENATE April 15, 1996 has been the impact on this average Obviously, they are proposing an balanced. But what they cannot under- family of this administration. amendment today. That amendment stand is why the average two-wage- On the Federal income tax liability, I requires a two-thirds vote. Somehow earner family, a family of four, pays 38 said that we are currently paying nobody suggests that that is the wrong percent of all of their income to pay $4,183, but if we had not put in place thing to do or that is the wrong test taxes for all levels of government. It is the policies of this current administra- that ought to be made. So I hope the simply too high, and we know it. And tion, that is, the largest tax increase in House is successful today both in their Americans know it more, I think, than American history in August—that hot debate and in their vote to require a we do. August—of 1993, then that tax burden supermajority to raise taxes. I think it This last week during the Easter re- would be considerably less. It would be is high time that we in this body and in cess I had a rare privilege of taking my $3,656. the Congress of the United States be- parents, who were here visiting, my FICA would be $2,754 instead of $3,118. come as sensitive to taxation as the wife and I to Williamsburg. I have been The regulatory costs, Mr. President, taxpayers of this country that we sug- a student of Jefferson and Washington are considerably different, as well. gest that we represent on a regular and Madison, as I hope many Senators They would be paying $5,892 instead of basis. have been on this floor. We visited the $6,615. My guess is that if you vote for in- colonial capital of the colony of Wil- The bottom line is that without the creased taxes in this body, you are not liamsburg, better known as the House policies of this administration of tax- representing taxpayers very well be- of Burgesses. Again, it was a remem- ing and growth and regulation, the cause the taxpayers of our country bering of why this country went total tax burden would have been have consistently said for a long while through a revolution, why our Found- $20,112 instead of $22,778 or, bottom that they are being overtaxed. A recent ing Fathers finally said, enough is line, this administration has added al- poll in the Readers Digest suggests enough, why they put their lives and most $3,000 of new costs to this average that the average citizen believes that their property on the line, simply say- family. taxes ought to be no higher than about ing they could not tolerate an oppres- If you are making gross about $40,000 25 percent of their income, and they sive Government, primarily because of and you have a new $3,000 bill to send would even say in this poll that if the level of taxes that that Govern- to the Government, it is a wake-up somebody was paying 40 percent, even ment was levying against a society of call. That is 15 percent of lost dispos- though they might be making more people who did not have a vote, who able income as a direct result of the money, they were probably being taxed had, as we now know, taxation without policies of this administration. It is in- too much. Even the poorer of our soci- representation. credible. ety would suggest that those that are Of course, as mentioned in several of As I recall, during the debate we were only going to affect the wealthy. I do being taxed at a higher level ought to the books I have read about Thomas not believe any family making $40,000 a be taxed at a lower level because, for Jefferson, following the great revolu- year considers themselves in the league some reason, higher taxation was just tion and a new country and an America of wealth, but their contribution—we blatantly unfair. I have to agree that under a Constitution in which we had remember that—the contribution that that is the case. representation, he was visiting in Eu- Today, as mentioned, is April 15. they would be asked to make is almost rope and a British parliamentarian Americans will work until May 7 of another $3,000 for every average work- said, ‘‘Well, you went to war because this year just to pay their taxes. And, ing family in my State. you had taxation with no representa- Mr. President, I yield up to 10 min- as we all know, that day just keeps in- tion. Now what do you think? You have utes to my good colleague from Idaho. creasing. I am talking about January 1 got taxation with representation.’’ The PRESIDING OFFICER. The Sen- to May 7 of every year now for the av- I think we all recognize by that ator from Idaho. erage taxpaying working American to statement and 208 years of history that Mr. CRAIG. Mr. President, thank you meet their tax requirement. If you central Government, if not controlled, very much. went to work at 8 o’clock this morning, can become oppressive, and the great- Let me thank my colleague from the first 2 hours and 47 minutes of your est tool of oppression on the rights and Georgia for yielding me time, but espe- 8-hour working day were worked just freedoms of an individual, of family, a cially for taking out this special order to pay your Federal tax requirement. working person, is the ability of Gov- on this very important day in the lives Obviously, you live in another taxing ernment to tax. of every working man and woman in district besides the Federal tax realm. Since this country instituted the in- the United States, the day when your You live in a State tax realm. Probably come tax and since we instituted auto- Federal taxes are due. you would work another 35 minutes to matic withdrawal from our wages of I say that because it is also an impor- an hour just to pay your State taxes. the Government’s share of those taxes, tant day for us to pause and recognize So it all adds up, and the average we all know that that 38 percent that what paying your taxes means and the working person out there is going to gets taken out of the average family of kind of impact that it has on us as a spend the first 3-plus hours of their four’s salary, while it seems to go very society. Obviously, my colleague from working day not putting one dime in easily and we forget about it being in Georgia has spoken about how it im- their own pocket, not putting one dime or having been there, we fail to recog- pacts his State. And let me also con- to the purchase of a loaf of bread for nize the tremendous purchasing power gratulate him on his constitutional the toast for the family breakfast, not that that would have or the additional amendment to prohibit retroactive putting one dime in the savings ac- freedoms that that could afford the in- taxation. I am a cosponsor of that. I count that they are building to send dividual family that is now taken away appreciate him leading in those areas their child to college, not putting one from them and, therefore, the freedom something that our Founding Fathers dime against the purchase of a new car to choose, the freedom to be finan- were very, very clear on, while this or a new house, because for the first 3 cially independent, the ability to make Government seems to have been a bit hours, on the average, they will be put- for themselves and their children a bet- confused on it. ting all of those dimes either in the ter life. All of that is part of why Also, today, the House, our neigh- Treasury of the U.S. Government or Americans become increasingly frus- boring body, will take up the two- the treasury of State government. trated when they see a government thirds majority to raise taxes as a re- That is why most every American that progressively adds taxes to their quirement of our Constitution. Some agrees that they are overtaxed. That ability to earn money. would argue that is putting economics does not mean that Americans are In 1992, as we all know, President in the Constitution that should not be antitax. I cited the poll a few moments Clinton talked about a middle-class tax there. I disagree with that. I think it is ago where I think all Americans recog- cut. He was the champion during that the appropriate thing to do because, nize the importance of some govern- Presidential year of wanting tax cuts clearly, within the Constitution we ment, the importance of the basic serv- for middle-income Americans. Some- have required two-thirds votes on other ices of government, and the need to how this President forgot or lost his procedures that are required. pay for it, and the need to have budgets way. We know what happened just a

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3261 year later, in 1993, when he pushed Again, the Government steps in and Would the Senator agree that a fam- through the largest tax increase in the says, ‘‘No, we will take that away from ily’s interest payments that are a di- history of this country. you.’’ That is an estate tax that I have rect result of our national debt should Oh, I know argumentatively he for so many years believed to be so also be added into what is being taken played class-war politics by suggesting wrong. I have watched farmers and from them? it would only go on the backs of the ranchers in my State work for a life- Mr. CRAIG. Absolutely. I think it is rich, but, as my colleague from Georgia time to pay off a mortgage, to own clearly the appropriate day to debate has so clearly pointed out, it did not go something, only to sell it and find out what is the total impact of our current on the backs of the rich; it went on the that they have to give a high percent- Government’s need based on net, based backs of everybody. It went on the age of it back to the Government. on taxation on the lives of the average backs of middle-income wage earners Why? The Government did not earn it. citizen. When you do that, I think that in his State of Georgia, in my State of It is not the Government’s right to is absolutely right. It gets well past Idaho. It hit all levels. And when it have it. Somehow that is something the 40 percent mark in many instances. hits all levels, it hurts all levels of our that our country has slipped into and You have to factor in, as I think you economy and the ability of families something that April 15 of every year have, and when I talk abut 38 percent I today to make their own way. reminds me is just fundamentally am not factoring in State government So we now have taxation with rep- wrong. in many instances, but you are doing resentation. But at the same time, I hope today is a day of reckoning, a so, I think, and that is a very impor- what I think we, those who are the day of better understanding. It appears tant part. agents of representation, have failed to I am out of time. Could I have an addi- Mr. COVERDELL. Would the Senator recognize is the real impact that taxes tional 2 minutes yielded to me? also agree, the impact that families have on the ability of the wage earner Mr. COVERDELL. The Senator is share of the regulatory costs, those to function for himself, herself, or for yielded 2 additional minutes. have to be paid by that family, are also their family, or even the incentive in a Mr. CRAIG. I hope today is a day of a factor that have to be weighed in as society. reckoning. Again, a time when we all to what the total impact is on our You know, I talked about that first 2 awaken to the fact of what our Govern- working family? hours and 47 minutes of work to pay ment does to us—not for us. There are Mr. CRAIG. No question about it. the Government. If you decide you will many things that Government can do That is something that you and I have not work that 2 hours, 47 minutes be- for us, but this is an instance where I struggled on for a good many years. We cause that money goes to the Govern- believe Government takes too much of busily write an awful lot of laws ment, think again. It does not work our money and spends it unwisely. around here with no sense of the kind that way. What I am suggesting by That is why, along with the amend- of cost that it will have on the average that is that it has become, by increased ment that the House will be voting on citizen through regulatory compliance rates of taxation, a blight on the abil- today to require a two-thirds super- ity of our economy to produce and the or making sure their businesses oper- majority to raise taxes, why the right of the individual to produce. ate within the framework of those reg- Why can we not get above about 1.5- amendment by my colleague from ulations. Those are real costs, and they percent growth in our economy? Re- Georgia dealing with retroactivity in get passed on to the consuming tax- member, growth is a factor of job cre- taxation, why the $500 tax credit that payer, and ultimately that is a form of ation, greater opportunity, upward mo- we have offered in our balanced budget taxation. bility for wage earners starting at bill that we sent down to the Presi- Mr. COVERDELL. I have enjoyed the lower levels to move to higher levels, dent, that he vetoed, is so important. Senator’s remarks immensely, but I to provide for themselves and their Why trying to deal with a capital gains conclude by saying that in our col- families to have a better home, a bet- tax, trying to deal with an estate tax, loquy, that the effect of all of this is ter car, to seek a better education, to reducing those rates, creating less im- that you have essentially removed half put a better coat on their back. If you pact on hard-working, saving, earning the earning wages of our working fami- deny growth in the economy, you deny Americans is what this day ought to be lies, no matter where they are. those kinds of opportunities that have about. I am reminded here, because it has been historically true in our society. I thank my colleague, the Senator been brought up several times, of a Taxation is a factor that puts that from Georgia, for leading Members in statement that the President made in a kind of blight against economic this important debate on this impor- campaign commercial on January 16, growth, dampers it down and, of tant day. I hope other colleagues would 1992, Mr. President. It said, ‘‘I’m Bill course, as we all know in a society join with us and come to the floor, Clinton, and I think you deserve a today, in an economy where we do not talking about how all of this impacts change. That’s why I have offered a compete just with our neighbor down their States and their citizens’ lives. It plan to get the economy moving again, the street, we compete with our neigh- truly does. When you watch that kind starting with a middle-class tax cut.’’ bor in China, our neighbor in Japan, if of money, whether it is 38 or 40 percent However, 1 month into his Presidency, we and our level of taxation is not that you earn being taken away from that promise was dramatically altered. similar, certainly our ability to you for purposes that in many in- The message in the State of the Union produce is less. stances you find unnecessary, it is a speech that was made by the President I have talked about income tax and question that that has to be on a on February 17, 1993, said, ‘‘To middle- its impact on the family. If I could for monthly, daily basis, brought before class Americans who have paid a great just a moment move to something else this Congress. deal over the last 12 years and from that I think is grossly unfair, but it I thank my colleague from Georgia whom I ask a contribution tonight.’’ fits into all of this element of taxation. for bringing this matter to our atten- Mr. President, that contribution That is the issue of estate taxes. Some- tion. turned into a $250 billion tax increase how we have developed an attitude in Mr. COVERDELL. Will the Senator which resulted in every working family our country, Mr. President, that if you yield? paying a lot more money to Wash- collect wealth during your productive Mr. CRAIG. I am happy to yield to ington and having a lot less in their years, you work hard, maybe you do the Senator. checking account to take care of their not work the 8-hour day, maybe you Mr. COVERDELL. Mr. President, in own needs. work the 12-hour day, maybe you work my opening comments I was talking The PRESIDING OFFICER (Mr. a 14-hour day and you accumulate about an average Georgia family, and I CRAIG). The Senator from Wyoming. wealth, you own a home free and clear, alluded to the fact that virtually half Mr. COVERDELL. I yield 10 minutes you have money in a bank, you have a their income has been absorbed by one to my colleague from Wyoming. savings account, you have stocks and government or another. You and the Mr. THOMAS. I thank my friend bonds, you are not allowed to move Senator from Tennessee have used the from Georgia for organizing an effort those through to your children when figure 40 percent. I thought we might to talk about something that we espe- you die, or not all of them. clarify that a bit. cially are aware of on tax day, on April

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3262 CONGRESSIONAL RECORD — SENATE April 15, 1996 15, but certainly should be talked spending more, then, in the nondefense the budget, but we do not need an about every day. Unfortunately, I areas, these programs that simply con- amendment to do that.’’ Maybe we think not many of us often recognize tinue to grow. America’s tax burden, ought to remind them that it has been the fact that nearly 40 percent of our State, Federal, and local combined, has 25 years since we balanced the budget. revenue, of our income to our families, never been higher than it is under this And 43 States have that amendment. In is taken in taxes. administration. It has never been high- my State, the legislature cannot spend It has been talked about here today, er as a percentage of GDP. Americans more than it takes in. I think, simi- that we work more than 3 hours a day will pay more than one-half trillion larly, we need that same kind of out of our 8-hour day simply to pay dollars more in taxes as a result of the amendment on spending. There is no taxes. President’s tax increase of last year. reason why, if spending is important, Although I am quite sure that will So despite what we hear and what we you cannot generate more support than not become the tax system, some be- heard in the State of the Union Ad- 50 percent to do that. lieve—and perhaps there is merit in dress on January 23, part of which said, So, Mr. President, I think it is an it—if we had this sales tax, we would ‘‘We know big Government does not issue we ought to talk about every day, be more aware of the level of payment have all the answers’’—I am quoting and it is appropriate on tax day. Keep that we make, where now much of it is the President—‘‘We know there is not a in mind, it is not only dollars. It is also withheld. We talk about our wages program for every problem, and we how much Government do you want? I after taxes, and so it sort of disappears know we have to work to give Ameri- think that is a question that each of and fades off. So I think it is appro- cans a smaller, less bureaucratic Gov- us, as citizens, ought to ask ourselves. priate that we talk about it today. ernment in Washington, and we have to Unfortunately, we do not have the kind It seems to me that there are at least give the American people one that of cost-benefit measurement in the two important areas that need to be lives within its means.’’ He said, ‘‘The Federal Government that we do at talked about. One, of course, is era of big Government is over.’’ Yet, we home. If the school district thinks they money—dollars. What does it mean to have the largest expenditure for Gov- need a new school building or a sign, us and our family income? We probably ernment that we have ever had under they say, ‘‘Here is what it costs and ought to ask the question, of course, this administration. here is what you have to pay,’’ and you who should spend it? We work to sup- So, Mr. President, this is tax day. It make a decision as to whether it is port our families. Who should spend has already been noted that the typical worth it. That is not what happens on that money that we earn? Obviously, family spends more than 38 percent of the Federal level. We send in an we would expect to be taxed if we want its income on taxes—more than it amount of money, and we do not even public activities to continue. Then we spends for food, clothing, and shelter know what it is really being spent for. ask ourselves, how much is enough? combined. It has been mentioned that We do not make any real decisions in How much should go? Is 40 percent too more than 3 hours of our 8-hour day is terms of those programs that are fund- much? It seems to me that perhaps it spent to produce taxes. It is also men- ed. is. tioned, I think importantly, that there I am persuaded that we can have a Then, of course, there is a direct rela- are more than 100,000 employees at much leaner Government and still pro- tionship between taxes and the amount IRS, which is more than at the FBI, vide for the things that most of us be- of Government we have. It seems to me DEA, and Immigration Service com- lieve are necessary for the Government that is a principle we ought to talk bined. There is something wrong with to perform. Remember, the measure of about. Many of us believe—and I am that, when you take a look at the bil- good Government is not what the Gov- one of those—we ought to have a lim- lions of dollars that are spent simply ernment can do for the people, but the ited Government at the Federal level, to prepare the forms that we have to kind of environment it sets so that we that we ought to, as it describes in the use. can do for ourselves. That is what the Constitution, do those things that are It is also interesting, in terms of tax system, tax amendments, and being described in the Constitution and leave spending, that for every dollar in new concerned about taxes is all about. to the States and to the people those taxes, the Government spends $1.59. I thank my friend from Georgia for other activities. Taxes have a great The rest of it goes on the credit card. organizing the time to talk about this deal to do with that. So what we have had, of course, is what important issue. I look forward to our There is a relationship between the we might call ‘‘the Clinton crunch.’’ doing something about it as a followup. size of Government and spending. Of The President has promised a tax cut I yield the floor. course, if we are responsible at all and and delivered a tax increase, which is Mr. COVERDELL. Mr. President, I we want to do this spending, then we very difficult on small business, and it thank my colleague from Wyoming. He should pay for it. That is where taxes holds down the creation of new jobs. It made an interesting observation. Not come in. Unfortunately, we have not is difficult for senior citizens on fixed only did he talk about the effect of the done that very well. We have wanted to incomes. There was a tax increase for tax increase of this administration, but do the spending, but we put it on the everyone, among them a gas tax, which he began to talk about the advantages credit card for our kids. We need to hits my State of Wyoming very hard. that would have accrued to working change that, and we are in the process, The new budget contains $60 billion in families if the Balanced Budget Act hopefully, of doing it. The real meas- new taxes. that was sent to the President—which urement is not what Government can So we have not moved toward the end he vetoed—had passed. do for people but the kind of environ- of big Government. On the other hand, A moment ago, I was talking about ment that can be set that allows people I think that in this session of Congress this average Georgia family paying al- to do for themselves. So when we talk the majority party has made a real ef- most $3,000 more because of the policies about taxes, we are also talking about fort to do that. We passed tax cuts last of this administration. The Senator the size of Government that we envi- year, a $500 per child tax credit, mar- from Wyoming reminded me that if the sion. riage penalty, capital gains tax, ex- Balanced Budget Act had been signed I think we should talk about where panded IRA’s, adopted tax credits, stu- by the President, the immediate effect we are now. As Paul Harvey says, dent loan interest deduction—all, of to this average family would have been ‘‘What is the rest of the story?’’ We are course, which was vetoed. to return to their checking account beginning to hear a lot about how ‘‘the Today the tax limitation amendment $3,000 a year, or thereabouts. Here is a deficit is down, the economy is up, and will be considered in the House. I hap- family making $40,000, and they would we are saving taxes,’’ and so on. The pen to think it is a good idea. It is like have $3,000 in additional income in fact is that Washington has never saying we do not need to amend the their checking account—not on April spent more on the Federal bureaucracy Constitution. It is the same thing I 15 being shipped to Washington. Think than we are and have under this admin- heard when we were talking about a what they could do with that. That is istration. The fact is that we are balanced budget amendment. Every- the equivalent of a 10- to 20- percent spending less on defense, and that may body stood up, and before they began pay raise, Mr. President. It is not insig- be right or wrong. But it means we are to talk, they said, ‘‘I want to balance nificant.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3263 Mr. President, I yield to the Senator those ideas that he spoke eloquently not go along with it. The voters re- from Iowa up to 10 minutes. about at his conference. member it mostly because they are The PRESIDING OFFICER. The Sen- For education, he talked about a new still paying for it, and will continue to ator from Iowa is recognized. tax deduction. But when Congress sent pay for it every day. Mr. GRASSLEY. Mr. President, I the President my new student loan in- In addition, we passed last year a thank the Senator from Georgia for his terest deduction last fall, President taxpayers bill of rights so that the tax- leadership on this very important day, Clinton vetoed it, again contrary to payer will not have to be intimidated April 15, the day taxes are due for what he said he wanted to do. He even by the IRS during audit, and the Presi- American citizens. I appreciate the op- hurt families trying to relocate to new dent even vetoed the taxpayers bill of portunity to discuss the issue of the jobs by decreasing their deductible rights. high-tax policies of the President Clin- moving expenses. So, Mr. President, annually, this day ton administration. The high-tax poli- These, Mr. President, are just a few April 15 brings to mind the complex- cies of this administration are policies among many of the new, unpopular, ities and the enormities of the Tax toward the highest taxes in the history and economically hurtful Clinton tax Code. of the country. More money is coming increases. April 15, 1996 of this year further in from taxes now than ever before in The troublesome irony is that the serves to remind us of the dangerous history, and of course, that money President has many people still paying precedent that President Clinton set comes from the people. their extra 1993 Clinton income tax in- with his 1993 tax increase, the biggest The tax bill which we find so burden- creases. People are still paying their tax increase in the history of the coun- some is President Clinton’s tax bill of 1993 income taxes because the Presi- try, and the only one retroactive to a 1993, which passed this body. But even dent accomplished something that no period of time before the President was all the Democrats would not vote for other President had done before him. sworn into office. it, and there was a tie-breaking vote by The President managed to raise taxes With his retroactive tax increase, Vice President GORE. The President’s even before he was sworn into office be- President Clinton is the first President 1993 tax bill, OBRA 1993, was very con- cause the tax rate increase of 1993 was in the history of the Nation to have troversial. President Clinton raised ev- made retroactive at his request. raised taxes before, during, and after eryone’s taxes by a record amount— So those with the mind of softening his term of office. Of course, if we are again, the biggest tax increase in the the blow on people who would have to not careful in the future, this may history of our country. pay a retroactive tax increase insisted prove to be one of the most memorable It also happens that the President the President at least allow taxpayers and dangerous of the Clinton legacies. had misgivings about his tax increase to pay the retroactive portions of their In addition to increasing taxes at the legislation. He was speaking in October 1993 taxes in three separate install- highest level in the history of the of last year to the attendees at a Clin- ments. The first installment was due in country with that tax bill of 1993, the ton fundraiser in Texas when he said 1994. The second was due in 1995. And President set in motion an economic that he thought that he raised taxes people just paid their third and final situation in which money that would too much in 1993. I agree with the installment of their fiscal 1993 Clinton be invested for job creation has created President. tax increase today, Monday, April 15, less jobs than during the period when I want to remind everybody, as the 1996. the country was recovering from the Senator from Georgia does, of the var- So, in October 1995, when the Presi- recession of 1991 to 1992 by some 3 mil- ious ways in which the President went dent testified in Texas at his fundraiser lion jobs. about raising taxes at the highest level that he had raised people’s taxes too So, somewhere out there, even that they have ever been raised in one much, perhaps he meant that he would though we do have a high level of jobs tax bill. feel their pain again on April 15, 1996. being created, there are 3 million more He increased the tax on Social Secu- This is because today the President has people who could be employed if the rity benefits. Some Americans have to given many taxpayers the unique op- tax increase of 1993 had not stymied report 85 percent of their Social Secu- portunity to be taxed on income of the economy to the point that the peo- rity income so it can be taxed again three different years. ple who create jobs were afraid to do it after they have already paid tax on it Today many taxpayers will pay the to the tune of 3 million jobs. once. last installment of their fiscal 1993 I yield the floor. In addition, he added a new and high- taxes, the balance due on their now Mr. COVERDELL. Mr. President, I er income tax rate which also set the higher regular 1995 taxes, and their appreciate the kind remarks of the situation in order, which we call the first quarter estimated taxes for 1996. Senator from Iowa. marriage tax penalty, exacerbating it Indeed, the only taxable year of the As a former native son of Iowa, I al- so that people are going to pay a lower Clinton Presidency that President ways enjoy listening to him address tax living together than being married. Clinton is not taxing this very day is this Chamber. He also added new and higher estate 1994. Fortunately, Mr. President, no A moment ago, I was talking about and gift tax rates. one is perfect. Even though President the effect of the President’s tax in- He decreased the business meals de- Clinton has done his best to raise taxes crease on the average citizen in our duction for the truck driver and for the in a Democratic Congress, and to keep State, but just for the general record I small business people of America. He them just as high in a Republican Con- think it worthwhile acknowledging hit farmers, truck drivers, and every- gress. He did this by vetoing efforts of what some of the impacts of that tax one who drives a car or truck with a the new Republican Congress to reduce were. That tax increase created a 4.3- 4.3-cent-per-gallon increase in the gas- taxes, particularly the tax deduction cent per gallon gas tax increase levied oline tax. that gives a family of four with two on all Americans. Once again, when we In Iowa—I do not know about the children an additional $1,000 more in heard the debate to impose the tax in- rest of the country—this Clinton gas their pocket to spend. crease, which was only passed by one tax costs every two-driver family an I believe that we should credit public vote, the Vice President casting the de- average of an extra $53.32 per year. servants for their good deeds and hold ciding vote here in the Chamber late in For small business people, the Presi- them responsible for their harmful August 1993, it was just supposed to af- dent hosted a White House conference ones. fect the wealthy. But a 4.3-cent-gallon on small business. He waxed eloquently Apparently, President Clinton must tax affects every farmer, trucker, every on the need for expensing deductions, love to raise taxes almost as he loves family, every carpool, every business— for creating IRA’s, for pension sim- to deficit spend. everyone. Under the provisions of that plification, and for estate tax reduc- Do not forget Mr. President, that he tax increase, senior citizens making as tions, to name a few. But when Con- sent Vice President GORE to this very little as $34,000 a year—I guess that is gress passed legislation on those very Chamber to cast that tie-breaking vote another rich person—found their taxes same issues, President Clinton vetoed on the 1993 tax increase because even hiked as a result of a 70-percent in- not one, not two, but every one of all the members of his own party would crease in the taxable portion of their

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3264 CONGRESSIONAL RECORD — SENATE April 15, 1996 Social Security benefits. We all can the family than it took to build their have made a choice about their careers. hear people on the other side of the home or buy their home or rent or to That is fine. But when you survey the aisle talking about their concern for feed the family or to clothe it com- second spouses in the workplace and protecting Social Security benefits. bined; that the Federal Government ask them their choices about it, 85 per- One of the first things the administra- alone would come in and sweep more cent would make a choice different tion did was to tax them. out of that family’s checking account than it is now. A third of them would Small businesses were clobbered by than all those fundamental functions not work at all. A third of them would the Clinton tax hike. More than 80 per- we count on that family to do for work part time. And a third of them cent of small businesses file their re- America. would direct their work at charitable turns as individuals. As a result, small I became very curious about this activity instead of the necessity to be businesses were forced to pay the high- about a year ago because in the 1950’s out in the workplace, just to pay Uncle er individual rates of up to 44.5 percent. the typical family had one parent Sam another tax bill so we can redis- I repeat, Mr. President, 44.5 percent. working and one parent at home with tribute these resources from Wash- That is much higher than the 35-per- the family, doing the business of rais- ington. Back to the point I made a lit- cent rate for big businesses. If you had ing the family. As you know, today tle earlier, Mr. President, we have a to point to one sector of our society that has been turned upside down. school of thought here that it is better that was the most ravaged by that I mentioned a little earlier this aver- for the wages to come to Washington huge $250 billion tax increase, it would age family in Georgia. It requires both because Washington can determine be small business. And this is the rea- parents to work. I got curious about more effectively where those priorities son why. Because of paying taxes as in- that, and I wondered at what pace fam- for that family ought to be. dividuals, they really got their mar- ilies started to have both spouses out That reminds me of a story that Sen- ginal rate pushed up. in the workplace. If they had one in the ator GRAMM, the senior Senator from As a result of Clinton’s tax increase, workplace and one at home in 1950, just Texas, often tells. He was in a debate the local hardware store in our State how quickly did it get to the point we in Texas with somebody from the Edu- must pay a higher tax rate than a cor- are now where the majority of them cation Department and they were poration like General Motors. Now, have both parents in the workplace. going back and forth about the prior- So we tracked it on a chart from 1950 think about it. Most corporations in ities of education. Senator GRAMM fi- to 1990, the percentage of families for America, 60 percent of them, have four nally, in frustration, turned to the per- which both spouses were working. It is employees or less, and they were the son and said, ‘‘Hey, look, I love my really interesting. If you take that line fixed target of this tax increase. It was children more than you.’’ Whereupon of the number of families where both just like a Mack truck coming down the representative from the Education spouses now work, as it grew over the the highway, bowling over them and Department said, ‘‘No, you don’t.’’ And last 40 years, and you take another left the situation where these smaller then Senator GRAMM said, ‘‘Well, OK, chart and you map out the increases corporations are paying higher tax you tell me their names.’’ from the 2 cents to 25 cents that they rates than, of all things, corporations It is not a question of spending, it is are paying in taxes, those two lines are a question of who is going to do it. Is like General Motors. within 6 percentage points of each The National Federation of Inde- the family more equipped to make other all the way. these choices about education, housing, pendent Businesses, the Nation’s larg- What does that mean? It means that est small business organization, called where to live, how to expend those re- as the Government took more and sources? Or should we continue this Clinton’s tax increase ‘‘about as more and more out of that working antismall business as you could ever idea of moving it up here so somebody family, the Government was making who does not even know that family see.’’ That was published in the White the decision that for the family to keep can be determining where those re- House bulletin on June 18, 1993. fulfilling their needs in housing, edu- I have focused a lot of my attention sources go? cation, et cetera, they had to send the Mr. President, I am prepared to yield on the effect of taxes on the average second spouse out. And each year as up to 10 minutes for the Senator from family. I would like to visit that just a that tax increase grew, many more Mississippi. bit more, if I might. families had to make that tough deci- The PRESIDING OFFICER. The Sen- I have often referred to the quin- sion. ator from Mississippi is recognized. tessential average family in the 1950’s. It is incredible. There is no institu- Mr. LOTT. Mr. President, I thank the I refer to the television family that we tion that has had a more profound ef- distinguished Senator from Georgia for saw so often, ‘‘Ozzie and Harriet.’’ They fect on the behavior of the working yielding me this time. I thank him for were the picture of what we all thought family in America than the Govern- making arrangements to have this the American family ought to be. At ment. It is not even Hollywood. We all time to talk today about the tax bur- that time, Ozzie was sending to the talk about Hollywood and the violence den on the American people. It is ap- Federal Government 2 cents—2 cents, in films, and I am sure that has had an propriate that we talk about this issue Mr. President—out of every dollar he effect, but it does not compare to the today, April 15. earned. If Ozzie were here today, he effect of the Federal Government tak- When the poet T.S. Eliot wrote, would be sending 24 to 25 cents out of ing more and more and more away ‘‘April is the cruelest month,’’ he had every dollar to Washington. from the family, leaving it with no op- in mind something other than the in- It is hard to envision or believe. tion but to produce another worker, come tax deadline of April 15, I am When I was growing up, I was told that often even more. sure. But for most Americans, the mid- the single largest investment any I said that those lines track each dle of this month, despite all its beau- American would ever make would be other; the number of working families ty, is a time of resentment and dis- the purchase of a home. That is not that had to put both spouses in the affection. Over this past weekend, over true anymore. The largest single in- workplace followed identically the in- the past weeks, maybe over the past vestment that any American or Amer- crease in the tax burden. There is an- couple of months, maybe even today, ican family will make today is in the other way to look at it. How much had there are people all over America who Federal Government, not the home. the tax burden increased over that pe- are scrambling to try to figure out In fact, the Federal Government’s riod of time? It comes out about $10,000 their ‘‘simplified’’ tax forms. consumption from the wages of this av- to $12,000 per family. It is interesting That is always good for a laugh when erage working family equates to hous- that the average income of the second I am home in Mississippi, speaking ing, food, and clothing combined. Who spouse is within $1,000 of the increased about how we developed simplified in- would have ever thought that working tax burden. In other words, we made come tax return forms. They get more families in this country would be faced the second spouse work so that they complicated every year. The average with this sweeping hand of the Federal could pay the added tax burden. That is person is just not able to do it by him- Government coming through families what they are doing in the workplace. self or herself. It is a hodgepodge of 3 and removing over a quarter of their Obviously, there have been other million words in the law and in regula- income, removing more resources from changes. There have been people who tions and requirements with regard to

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3265 our Tax Code. It is a mess. It is unfair. doing your part, you are pulling your marriage penalty. How many years It is cumbersome. It is unmanageable. weight. Sure we always griped about have we been talking about how it is And something must be done about the taxes and joked about them, but we unfair, when a young couple—or cou- tax burden on the American people. knew that, while there was a price to ple, not even necessarily young—gets It might be argued that the tax bur- be paid, there was some benefit that we married, if they both work, when they den on the American people is not all all basically supported coming from get married they pay more taxes even that great compared with some of the that. though their income does not go up? other countries around the world. But I believe that has changed in many There is nobody who can defend the this is not other countries around the respects now, and not for the better. marriage penalty. world. This is America. As a matter of With a steady expansion of Govern- How about the spousal IRA? Why is it fact, there are some countries that ment, both at the State and Federal that the only group in America that have a higher tax burden than us, oth- level, the percentage of family income cannot have an IRA is a spouse work- ers less. But I understand the average going for taxes has grown tremen- ing in the home? Should we allow that? American pays about 37 to 40 percent of dously. For most households today, Should we encourage the spouse in the his or her income for taxes. taxes are the largest single outlay in home to be able to save a little bit for Some of them obviously go much their budgets. I hate to think how his or her retirement days? Absolutely higher than that. It gets in the range of many families now have two earners we should do that. 50 percent or more when you figure all these days, both mom and dad, in order Another thing that we included in the taxes: Federal income tax, the to compensate for the lost income si- that tax package was relief for our sen- FICA tax, the State tax, the local prop- phoned off by official Washington. That iors who still want to work. We would erty tax—all the taxes that are heaped is why the Republican Contract With raise the limits on the earnings that on the American people—even the cru- America last year promised tax relief you can have and still get Social Secu- elest of all, I think, the estate tax. for families. That is why majorities in rity. Why should people just between 65 That is one where we tax people’s both the House and the Senate trans- and 70 lose part of their income if they death. I wonder how we ever came to lated the contract’s promises into care- make over $11,500 a year? Thank good- that, where we put American people in fully crafted legislation. ness we have now passed separate legis- the situation where they worked all We all know what happened to it. lation to do that, but that is another their lives to build a small business, Tax relief for families with children example of what was included in our perhaps they are third generation was vetoed by President Clinton, along package. farmers, and when they die and they with many other revenue provisions Certainly, we should provide families want to pass on their estate to their that would have curbed Washington’s the $500 tax credit if they have chil- children, many times they wind up appetite for the public’s earnings. dren. Some people argued, ‘‘Oh, what having to sell it because they cannot Today, April 15, is an appropriate time difference would it make to a family pay the taxes on this farm that has to remember that outcome and to con- with one or two children?’’ Let me tell been in their family for many, many sider why it occurred. It happened be- you, in my State, for a couple making years. Or, because they cannot pay the cause there are still too many elected $30,000 a year with two children, a taxes on the small business that they officials who believe they know best $1,000 tax credit would make a signifi- worked hard for, labored for, and built how to spend the people’s money. They cant difference, and then they could de- up, then they wind up having to sell it believe that big Government can take cide what their children needed most because of the tax burden. care of families better than they can instead of the Federal Government. So, this is a cruel time. I understand, take care of themselves and of their Finally, and not least, it did provide now, the average American also has to children. And it takes cash, hundreds a capital gains tax rate cut. If you are work until May 7 to pay the taxes that and hundreds of billions of dollars to do going to reduce the deficits, you can he or she owes. Way back in the begin- that, if you are going to let Wash- only do it by three ways fundamen- ning of this country it was only until ington look after all these problems. tally: by controlling spending, by rais- January 31 that you had to work to pay That attitude is fading fast over ing taxes or, hopefully, by doing some the taxes for the year. Then it was Feb- most of the Nation. I found it is fading, things with Government and regu- ruary, March, right on through April. certainly, in my home State while I latory relief and by changing the Tax Now, average Americans work over 4 was home during the Easter recess Code to provide growth in the econ- months just to pay the tax burden that break. But it persisted in many high omy. The capital gains tax rate cut they are faced with today. Something places here in this city. Only in official would do that. must be done about this. There must be Washington is it called a tax expendi- In my State of Mississippi, if we cut a way to have a fairer Tax Code. ture when you allow people to keep the capital gains tax rate on timber Changes should be made to make it their own money. That was a bit of in- and on timberlands, there would be an more fair and changes should be made genious wordsmithing, some few years explosion of activity in the turning to provide, I think, overall basic re- ago. I think it really started in the over in the timber area. It is probably form. 1970’s, when we started calling it a tax the biggest industry we have in our It is not that most of the American expenditure. Only inside the beltway is State. Yet, people are hesitant to sell people do not want to pay any taxes. a tax cut considered a loss. Only within that timber, to sell that land because People understand they get a tremen- the shrunken ranks of Federal dog- so much of it is taken in capital gains. dous benefit from Federal Government, matists is broad-based tax relief called It is just, basically, not fair. from State government. There are cer- a tax cut for the rich. So those are the things we had in our tain guarantees that we want. We do It is almost as if the opponents of tax tax package last year. It would have want the shores to be defended. We do reduction disbelieve in the American provided some relief to families with have an obligation to support a strong dream of hard-earned success. It is as if children and to individuals when they national defense. We do need infra- they think people who strive and con- are newly married and to a spouse structure. We do need the Interstate tribute are bad, while those who de- working in the home. Tell me that is Highway System. There are some pend on Government should be encour- helping one group over the other. That things the Federal Government can do aged to stay that way. More than any helps everybody. to help with education. So there are other factor, I believe that attitude, Our tax package was not a giveaway some positive things that the Govern- that set of ideological blinders, ac- to the rich. It was a give-back to hard- ment can run, where it can be helpful, counts for last year’s opposition to the working people, and there is a big dif- and we want that to continue. tax provisions of our Contract With ference. If President Clinton had But I remember the days not so America. signed, instead of vetoed, the Repub- many years ago that most taxpayers Let me just mention, again, the lican tax package last December, 88 signed their IRS returns with a kind of major provisions in that tax package percent of its tax relief would have pride, a self-satisfaction that, by golly, that we considered last year, but the gone to families with incomes under you are getting a good deal, you are President vetoed. We eliminated the $100,000 and 72 percent would have gone

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3266 CONGRESSIONAL RECORD — SENATE April 15, 1996 to families with incomes under $75,000. our time another 10 minutes so that which I proposed in the U.S. Senate, That is certainly not rich. That is fam- the Senator from Arizona will have suf- with the support of 20 other Senators, ilies in which both husband and wife ficient time to complete his remarks. I would require a two-thirds vote of ap- are maybe schoolteachers. It is a fam- think we can achieve that. I will not proval in both the House and the Sen- ily whose sole breadwinner is perhaps know until 1 o’clock. ate in order to increase the tax base or an auto worker in Detroit or a shipyard The PRESIDING OFFICER (Mr. to increase any tax rate. worker in Pascagoula, MS. It is the THOMAS). The Senator from Arizona. The two-thirds supermajority that self-employed, heads of households. It Mr. KYL. Mr. President, I begin by many of us believe should be added to is the men and women starting up thanking the Senator from Georgia for the U.S. Constitution was rec- small businesses. It is the parents who conducting this particular discussion ommended by the National Commis- could well use that $500 tax credit for on tax policy on this day, a day which sion on Economic Growth and Tax Re- their children, which was all vetoed by we might paraphrase will live in in- form, as I said, appointed by Senate the President. After all, in the private famy at least in the lives of many Majority Leader DOLE and Speaker sector, this $500 can go a long way to- Americans. By midnight tonight, mil- GINGRICH and chaired by former HUD ward clothing, food, and education of lions of Americans will have completed Secretary Jack Kemp who testified at our children. their tax returns and may agree with this Judiciary Committee hearing this The hopes of those middle-income T.S. Eliot who characterized April as morning, along with former Governor taxpayers were splattered by ink with the cruelest month of all. I am not sure of Delaware Pete du Pont and a host of that veto last year. But they should this is what he had in mind, but per- other experts on tax policy. This Commission that Secretary not give up hope. There is still an op- haps it applies. Kemp chaired advocated the super- portunity for this Congress this year to According to estimates by the Inter- nal Revenue Service, individuals will majority requirement in its report on make some needed changes in our Tax how to achieve a simpler single tax Code that will help middle-income have spent about 1.7 billion hours on tax-related paperwork. Businesses will rate to replace the existing maze of tax Americans and others, also. rates, deductions, exemptions, and But now to the heart of the matter. have spent another 3.4 billion hours to comply with their Tax Code prepara- credits that make up the Tax Code as Just what is the price that has been we know it today. paid? tions this year. The Tax Foundation estimates that the cost of compliance In fact, in the words of the Commis- Mr. President, I ask the distin- sion, and I am quoting: guished Senator from Georgia if he will will approach $200 billion. If that is not evidence that our Tax The roller-coaster ride of tax policy in the yield me just another minute to finish Code is one of the most inefficient and past two decades has fed citizens’ cynicism up. wasteful ever created, I do not know about the possibility of real, long-term re- Mr. COVERDELL. I will be glad to form, while fueling frustration with Wash- yield another minute to the Senator what is. Money and effort that could ington. The initial optimism inspired by the have been put to productive use solving from Mississippi. low tax rates of the 1986 Tax Reform Act Mr. LOTT. Mr. President, why could problems in our communities, putting soured into disillusionment and anger when Americans to work, putting food on the taxes subsequently were hiked two times in the President and his allies not accept less than 7 years. The commission believes tax relief for the American people? The table, or investing in the Nation’s fu- ture are instead devoted to wasteful that a two-thirds super-majority vote of answer is profamily, progrowth tax re- paperwork. Congress will earn Americans’ confidence in form puts a crimp in Government the longevity, predictability, and stability of It is no wonder that the American any new tax system. spending. If you allow the people to people are frustrated and angry, as I keep more of their money, it is a little found in the townhall meetings and That is the end of the quotation from the Kemp Commission report. less the Government would have had to other visits with constituents in the In the 10 years since the last at- gobble up and to spend. It makes it last 2 weeks in Arizona. They are de- tempted comprehensive tax reform, the harder for practitioners of business as manding real change in the way their usual around this institution to pro- Congress and the President have made Government taxes and spends. some 4,000 amendments to the Tax vide favors to their constituents. It There are, of course, a number of pro- Code—4,000 amendments. In the future, slows down the Government spending posals that have been generated for without the protection of the tax limi- machine. comprehensive tax reform. Senator tation amendment, taxpayers will be That is why most Americans have RICHARD SHELBY and House Majority particularly vulnerable to tax rate in- paid more in Federal taxes than they Leader DICK ARMEY have proposed a creases, particularly if the tax reform should have paid. Big government in flat tax. Versions of the flat tax have Washington needed their money to eliminates many of the deductions and also been suggested by Steve Forbes exemptions and credits in which they stay big and to grow bigger. I really be- and Senator PHIL GRAMM. Former HUD lieve that by giving some tax relief to sometimes find refuge today. Secretary Jack Kemp has issued a re- In short, Mr. President, the tax limi- the people, in many instances—in fact port at the request of Speaker GING- in most instances—you can actually tation amendment will make it more RICH and Majority Leader DOLE which difficult for Congress to raise taxes, wind up getting more revenue coming recommends a single rate simpler tax into the Government because the peo- and it will also help restore confidence, system. The chairman of the House stability, and predictability to the Tax ple are given more incentives to work Ways and Means Committee has rec- Code. hard, keep their own money, pay taxes, ommended that the income tax be Mr. President, I have more of the and everybody benefits from that. pulled out by its roots and replaced statement which I would like to As of midnight tonight, tax year 1995 with a national sales tax. Senator present. I wonder if, in view of the will be history. It is maybe too late to LUGAR has proposed a sales tax as well. hour, it would be appropriate for the lessen the burden on that year, on the The Senate Judiciary Committee just Senator from Georgia to ask for an ex- past, but we can, indeed, do something concluded a hearing on a proposal to tension of time. about the future in the hope that on change whether we move to some Mr. COVERDELL addressed the this same day next year, taxpayers will version of a flat tax or sales tax or Chair. be able to celebrate the tax give back some other alternative. Indeed, it is a The PRESIDING OFFICER. The Sen- that they so justly deserve. change that should be made whether ator from Georgia. Mr. President, I yield the floor. comprehensive tax reform occurs or Mr. COVERDELL. I ask unanimous Mr. COVERDELL. Mr. President, I not. I am talking about a change that consent that our side be granted an ad- appreciate the remarks of the Senator requires a two-thirds vote in both the ditional 10 minutes. from Mississippi, as always. I am going House and Senate in order to approve The PRESIDING OFFICER. Is there to yield our time until 1 o’clock to the tax increases. The House of Represent- objection? Hearing none, without ob- Senator from Arizona, with this atives is scheduled to vote on its pro- jection, it is so ordered. logistical comment: If the senior Sen- posal later on this evening. Mr. COVERDELL. Mr. President, I ator from Georgia has not arrived at 1, The tax limitation amendment it is yield an additional 5 minutes to the I will ask unanimous consent to extend called. The tax limitation amendment, Senator from Arizona.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3267 Mr. KYL. I thank the Senator from the tax burden on taxpayers. We need investing less, and creating fewer jobs. Georgia. to make it harder. The economy eventually paid the price Ideally, Mr. President, the tax limi- If you want to look at the in terms of slower growth. So increases tation amendment would be put into macrochart, the chart that shows the in tax rates do not usually translate place after comprehensive tax reform Federal Government revenues from into more tax revenue. is accomplished. This is because tax re- taxes since 1950, look at this chart. It It is interesting to note that reve- form necessarily aims to broaden the clearly shows that tax increases have nues as a percentage of gross domestic tax base, eliminating the maze of de- skyrocketed. It is not hard to raise product [GDP] have actually fluctuated ductions and exemptions and credits taxes. It is too easy to raise taxes. around a relatively narrow band—18 to that make up the Tax Code today, and That is why we need a two-thirds 20 percent of GDP—for the last 40 then apply one low tax rate to what- supermajority to raise taxes. What the years. Revenues amounted to about 19 ever amount of income is left. So a tax limit amendment says is that it percent of GDP when the top marginal two-thirds majority vote requirement ought to be harder to raise taxes, that income tax rate was in the 90 percent would make comprehensive tax reform we are already taking too much from range in the 1950’s. They amounted to more difficult. working American families and there- just under 19 percent when the top I would note parenthetically that the fore we ought to take less. marginal rate was in the 28 percent Tax Reform Act of 1986 would have met I also note that our Constitution al- range in the 1980’s. Why the consist- the two-thirds test because it passed ready provides several—10 specifi- ency? Because tax rate changes have a both the House and the Senate with cally—supermajority requirements. My greater effect on how well or how poor- more than a two-thirds majority. So guess is that that is because the Fram- ly the economy performs than on the advocacy of tax reform is not nec- ers wanted a consensus to be developed amount of revenue that flows to the essarily a reason to oppose the tax lim- to make really important changes. Treasury relative to GDP. itation amendment at this time. But in That is why it takes a two-thirds vote In other words, how Congress taxes is any event, it is important that this de- to override a President’s veto, for ex- more important than how much it can bate begin now, Mr. President, because ample. My guess is the Framers would tax. The key is whether tax policy fos- of course, constitutional amendments say today this is out of control. It is ters economic growth and opportunity, such as this are going to take a long important enough that a broader con- measured in terms of GDP, or results time to get adopted. sensus than a mere simple majority in a smaller and weaker economy. It probably will not be approved this should be required in order for us to Nineteen percent of a larger GDP rep- year in the House or the Senate. It raise taxes. resents more revenue to the Treasury would require a two-thirds vote in both Mr. President, there is no small irony and is, therefore, preferable to 19 per- the House and Senate, and then three- in the fact that it will take a two- cent of a smaller GDP. fourths of the States to approve it. So thirds vote for us to cut taxes since the Requiring a supermajority vote for the last thing I am worried about is President has vetoed our tax cut pro- tax increases is not a new idea. It is an that we will accomplish this constitu- posal and yet the largest tax increase idea that has already been tested in a tional amendment before we accom- in the history of the country in 1993 dozen States across the country. In plish fundamental tax reform. I think was passed not even with a majority, 1992, an overwhelming majority of vot- we need to begin the debate now on the technically, because the Senate vote ers in my home State of Arizona—72 constitutional amendment, and by the was tied 50 to 50, and it took the vote percent—approved an amendment to time we get finished with fundamental of the Vice President to break that tie. the State’s constitution requiring a tax reform, perhaps the constitutional It ought to be as hard to raise taxes two-thirds majority vote for tax in- amendment can then be put in place to as it is to cut them. The amendment creases. make it difficult thereafter to change will make it harder to raise taxes. That There is a reason that the idea has the Tax Code. is the point. I know that is the objec- been so popular in Arizona and other I think it is also important to make tion of the opponents, but that is the States. Tax limits work. According to three other quick points. First, the tax whole point here. I think we would all a 1994 study by the Cato Institute, a limitation amendment cuts no taxes. It agree that a lower tax rate would be family of four in States with tax and only raises the bar on passing future more beneficial, not only for the Amer- expenditure limits faced a State tax tax increases. Many people, including ican family, but for our economy. As a burden that was $650 lower, on average, myself, already believe that taxes are matter of fact, lower tax rates, re- 5 years after implementation than it far too high. This amendment in effect search shows, results in more taxable would have been if State tax growth says, ‘‘Enough is enough.’’ It makes income, more taxable transactions, and had not been slowed. Congress find a way to meet its obliga- eventually more tax revenues to the The tax limitation amendment will tions without taking more from the Treasury. So we actually are benefited force Congress to be smarter about how pockets of the American people. by reductions in tax rates, not in- it raises revenue. It will force Congress Understand that the average family creases in tax rates. to look to economic growth to raise today pays more in taxes than it does The tax cuts of the early 1980’s are a revenue, instead of simply increasing on food, clothing, and shelter com- case in point. They spawned the long- tax rates. It will protect taxpayers bined. I would refer you to the chart, est peacetime economic expansion in from additional tax increases. Mr. President, entitled ‘‘Family Budg- our nation’s history. Revenues to the We are going to have to confront this et 1995’’ in which you can see the Treasury increased as a result—from issue of raising taxes sooner or later amount spent on savings; recreation; $599.3 billion in fiscal year 1981 to $990.7 because the burden on the American transportation; medical needs; then billion in fiscal year 1989, up about 65 family is simply too high. It seems to food, shelter, and clothing; and then, percent. me this is a good time to do it. Start- finally, Federal, State, and local taxes. High tax rates, on the other hand, ing this debate on tax day, April 15, is We pay more in Federal, State, and discourage work, production, savings, a propitious time when people’s atten- local taxes than we do on food, shelter, and investment, so there is ultimately tions are focused on the issue. I hope and clothing all combined. Clearly, less economic activity to tax. That is that the House of Representatives later this tax burden on the average family precisely what Martin Feldstein, the today approves the tax limitation is too high. former chairman of the President’s amendment pending there. I hope that Let me also note that it has obvi- Council of Economic Advisers, found Leader DOLE will be able to schedule ously been fairly easy for Congress to when he looked at the effect of Presi- this amendment sometime soon on the raise taxes. Here is the Federal tax dent Clinton’s 1993 tax increase. He Senate floor for a vote here. burden per capita just in the last 15 found that taxpayers responded to the I appreciate the chairman of the Ju- years, the years 1980 through 1995. You sharply higher marginal tax rates im- diciary Committee making time avail- can see that in 1980 it was about $2,286 posed by the Clinton tax bill by reduc- able for our hearing this morning. It per capita. Today it is over $5,000 per ing their taxable incomes by nearly $25 was an informative hearing which cer- capita. Clearly, it is not hard to raise billion. They did that by saving less, tainly sustained the case that the time

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3268 CONGRESSIONAL RECORD — SENATE April 15, 1996 for a tax limitation amendment is upon ment which I and others are sponsoring givings about previous funding mecha- us and an amendment that would make that, like the Russians’, would prohibit nisms to ‘‘pay for’’ this legislation, and it hard to raise taxes by requiring a Americans from being subjected to ret- I am pleased to note that the offsets two-thirds vote in both the House and roactive taxation. now come in a more straightforward the Senate. Whenever I speak to any American manner from Social Security spending. Mr. President, again, I commend the group—it does not matter where they Ultimately, Congress must come to Senator from Georgia for making this are, my State or any other—and you grips with the fact that American soci- time available. I hope that we can get talk about retroactive taxation, there ety is aging. For the benefit of today’s on with this prospect of making Ameri- is a unanimity that that is wrong. Our workers, we must act to address these cans’ lives a little bit easier by taking Government has all too frequently in issues very soon, or the cost to our less of their hard-earned income. current years gotten into the business children and grandchildren will be Mr. COVERDELL. I thank the Sen- of changing the rules midstream. It has catastrophically high. We must make ator from Arizona. Mr. President, how had a very deleterious effect on the changes to ensure the solvency of fu- much time remains? planning of our families, planning for ture retirement programs—we should The PRESIDING OFFICER (Mr. our businesses, particularly small busi- increase the retirement age while at DEWINE). The Senator from Georgia nesses. the same time offering inducements for has 5 minutes. This retroactive tax that was dumped Americans to work longer without suf- Mr. COVERDELL. Thank you, Mr. on the American people by the Presi- fering penalties that discourage contin- President. dent’s last tax increase, I believe, is ued participation in our work force. I want to commend the Senator from horribly wrong, and has had a terribly We can’t have it both ways—handing Arizona for his legislative efforts to negative impact. We ought to do every- out plums that allow workers to stay make it only possible to pass new bur- thing we know to do to assure that it in the work force in a productive way, dens on the American people with a never happens again—not in the United while at the same time avoiding the two-thirds vote. I think there should be States of America. hard choices that must follow—mean- an extra burden on any legislative I yield back any remaining time. ing raising of the retirement age. I chamber before it has the right to pass f hope that this first step will lead Con- on even greater burdens. gress to confront the next necessary We have spent the entire morning DEBT LIMIT EXTENSION AND decision. Increases in the Social Secu- here talking about the size of the bur- SOCIAL SECURITY rity eligibility age must be enacted den which is just—I am convinced, if Mr. SIMPSON. Mr. President, be- soon, and the change will have to be any of our Founders were here today, cause we recently shouldered the im- phased in over a long period—perhaps Jefferson in particular, they would be portant matter of extending the debt 20 years—in order to be fair and effec- absolutely stunned at the scope of the limit, I feel obliged to address the pro- tive. Such a plan will allow today’s amount of wages that a laborer must vision in that bill that increases the workers to plan for these changes. forfeit to the Government. He said we earnings limit for Social Security This legislation to increase the earn- needed a frugal Government which did beneficiaries aged 65–69. As my col- ings limit is offset in large part by ter- those things that absolutely had to be leagues know, this is a change that I minating the disability benefits for done, but other than that, the fruits of have expressed serious concern about drug addicts and alcoholics. Many have labor should be left to those who earn in the past. Now that enactment of this considered the payment of benefits to it, and allow them to choose their own provision has come to pass, I want to these groups to be an abuse of the So- pursuit of happiness. state my views about the general issue cial Security system. This measure We have talked a lot this morning of the earnings limit. passed by the Senate makes a clear about the scope of the tax increase this First, let me pay tribute to a fine choice that we will subsidize the con- administration put on the American chap, my esteemed colleague from the tinued working activity of senior citi- people. The effect and burden it added, great State of Arizona, Senator JOHN zens instead of subsidizing these addic- in our case, is almost $3,000 for the av- MCCAIN for his dogged determination tions of alcohol and drug use. Clearly, erage family annually that they are and tireless efforts to effect this the Senate is appropriately going on having to forfeit from their wages, pre- change in the law. I know that my past record as to what activity we wish to venting them from doing the things intervention on this issue has not al- encourage and what we want to dis- they ought to do. ways been truly welcome to my col- courage. But I want to close with one piece league—but I trust that my intentions, Another change that will offset the that is particularly egregious about which were always constructive, were cost of this legislation is the increase that tax increase. That tax increase apparent. in reviews of those people who are cur- which was passed in August 1993 It has never been my intention to rently receiving disability benefits. changed the Tax Code backward even permanently forestall all changes to Such payments were never intended to beyond the administration taking of- the earnings limit. I trust that the pro- be a lifetime allowance to substitute fice. For the first time in history, it vision attached to the debt limit exten- for employment or self-employment. changed the Tax Code all the way back sion provides the best available means For years, the Social Security Admin- into a former administration, the Bush of achieving the objectives of my friend istration has been unable to complete administration, January 1993. from Arizona and all others who are in- these required reviews—the result of Mr. President, the Russian Constitu- terested in raising the earnings limit which is that people are receiving dis- tion does not allow you to tax retro- for seniors. ability payments long after their dis- actively. It is wrong. It is morally in- Clearly, I appreciate the fundamental ability has either ceased or improved correct. Families and businesses and principle behind the earnings limit leg- to the point where a return to work is communities have to know what the islation. Americans are living longer, possible. Not only will these reviews rules of the road are. They have to be are productive for more years, and our result in savings for the trust funds, able to plan their lives, plan their fam- retirement systems need to recognize but they will place able Americans who ilies, plan their tax burdens in advance. these facts. As chairman of the Senate can return to work back in the work- They cannot get to the end of the year Finance Subcommittee on Social Secu- place. and have a Congress of the United rity and Family Policy, I have a dem- I congratulate Senator MCCAIN for States and President come forward and onstrated interest and responsibility to finding the offsets that enable us to say, ‘‘Whoops. We’re changing all that see that we adapt wisely and properly pay for the increased earnings limits to take effect back a year earlier. So to these changes. One of my charges is for seniors. I am very pleased—you can all your planning was for naught. We to monitor any changes in Social Secu- hardly know how much—to be able to don’t care.’’ rity policy and to ensure that those speak to this issue without having Mr. President, that is wrong. When I changes are not detrimental to the thrown a monkey wrench into the leave this Chamber, I will be going to a long-range solvency of the Social Secu- works and frustrating my colleague hearing on a constitutional amend- rity system. I have expressed my mis- from Arizona. I am most hopeful that

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3269 this measure will be merely a prelude Happily, neither MWRA management nor $19,444.53 as his or her share of that to Congress coming to grips with the its workers ever accepted that fatalistic debt. view. The workers were challenged, and they much larger issue of the aging of Amer- f ica and the future of our retirement challenged themselves, to staff the 21st cen- tury facility arising in their midst. programs. The steps that we must take RON BROWN: A TRIBUTE TO The old plants were decades past their PUBLIC SERVICE in the future will never—in any way— prime, underfunded and neglected. Workers be as popular as this measure, but we had to almost hand-process raw sewage. Mr. HOLLINGS. Mr. President, now must have the political fortitude to They kept the old plants functioning with that the initial shock of the horrific jet make those decisions as well. That is little more than their own dedication. crash in Croatia has passed, we are our job, that is our duty. But from their years of working with out- forced to accept the fact that my friend moded and failing equipment, the workers Commerce Secretary Ron Brown and 34 f had become pros at troubleshooting the nu- other talented professionals have per- WORKER TRAINING AND THE ances and complexities of the MWRA’s sewer ished. Today, almost 2 weeks later, it’s BOSTON HARBOR CLEANUP system, which takes in over 400 million gal- lons of wastewater each day from 43 commu- still hard to describe the echoing sense Mr. KENNEDY. Mr. President, Ben nities. They managed to operate the old of loss and deep sinking sorrow that Franklin once said that ‘‘an invest- plant with countless jury-rigs, even bringing still remains in all of us—man, woman, ment in knowledge always pays the in their own tools to keep the plants func- black, white, Republican, Democrat. best interest.’’ The same can be said tioning. Collectively, the old plant workers There has been much written and about an impressive initiative on work- has over 4,000 years of experience. Their said about Ron Brown over the last few er training undertaken in recent years knowledge was an enormous potential asset. days, and that is fitting, because there Still, decisions about staffing the new is so much to say. He was many things: by the Massachusetts Water Resources plant were difficult. Managers and collective Authority as part of the current envi- bargaining units wrestled with how to mesh key strategist, mesmerizing speaker, ronmental cleanup of Boston Harbor. the workers’ pride and old-plant experience wily politician, savvy businessman, su- In replacing outdated and obsolete with yet-to-be-attained technological skills perb lawyer. Most of all, he was an ex- water treatment plants with new state- and computer literacy. Discussions were can- emplary public servant for this coun- of-the-art facilities, MWRA invested in did and sometimes heated. try. On his last day, he was on the road retraining its existing work force in Slowly, however, trust took root. MWRA in a faraway place aggressively pro- management agreed that existing workers moting U.S. business interests abroad. the skills needed to operate the new fa- would be the core of the new work force. cility, rather than lay off hundreds of Workers who upgraded their abilities were And, in this case, he was trying to employees and recruit new workers promised jobs in the new plant. The notion bring peace and economic recovery to with the needed skills. The strategy that a new generation of technology must the war-weary Bosnian people. He took worked, and has led to lower costs for make redundant a generation of workers was very seriously his responsibility to pre- the new plant, lower costs for rate- rejected outright. serve the American dream for the next payers, and a newly skilled work force Armed with this guarantee, each worker generation of Americans, so that they developed a training plan, and MWRA in- will have economic opportunity rather with high employee morale. vested several million dollars in courses, I commend MWRA for this practical workshops and support for outside schooling. than a declining standard of living. To demonstration of the effectiveness of Programs covered everything from basic him, championing the economic inter- job retraining and the wisdom of tap- reading and math skills to advanced com- ests of the United States was tanta- ping the untapped potential of its expe- puter training. mount to championing the people of rienced work force. Giving workers a sense of ownership in the the United States, and so, in a very lit- Too often, such retraining initiatives new plant was another important step, and eral way, he died serving his country. are the exception, not the norm. We began with plant familiarization tours of Ron Brown was the most effective each new building at the earliest points of Secretary of Commerce I have known live in an era when workers are too construction. As the new plant was being de- easily under-valued and under-appre- signed, plant staff provided engineering in my years in the Senate. It is fair to ciated by employers. The MWRA exam- firms with ‘‘will it work?’’ critiques, relying say that he was the most energetic and ple can be a lesson to the Nation that on their own knowledge of the idiosyncrasies outstanding individual to ever serve in a wise course is available. I ask for of the old system. that post. Throughout his distin- unanimous consent that an article by Today the human side of the new Deer Is- guished career in private industry, pol- Douglas B. MacDonald, executive di- land treatment plant is a remarkable story, itics and the executive branch, Ron and underscores the resilience of the Amer- Brown served as a role model for all rector of MWRA, be printed in the ican worker. For example, a 20-year veteran RECORD. worker staffs a three-screen computer con- Americans. With the fall of the Berlin There being no objection, the article sole, clicking the mouse like a kid playing a Wall, international business has be- was ordered to be printed in the video game. Three years ago this man feared come the new realm for competition. RECORD, as follows: that computer illiteracy would land him out- Ron Brown understood that and [From the Boston Globe, Mar. 19, 1996] side the plant gate. But he and his computer- worked tirelessly to promote U.S. ex- trained coworkers know from experience ex- EVERYDAY HEROES OF DEER ISLAND ports and business overseas. It was actly what the computer tells them is going (By Douglas B. MacDonald) quite typical for Secretary Brown and on with a valve 500 yards away. me to meet after he had returned from The first phase of the new Deer Island sew- This new productivity benefits MWRA and age treatment plant has been up and running its rate-payers. Three years ago, cost projec- a long trip abroad. Lack of sleep and for a year. The ‘‘filthiest harbor in America’’ tions foresaw 500 workers as the necessary shifting time zones never set him back. is quickly succumbing to visible signs of en- staffing level for the Deer Island plant. Jet lag wasn’t in his vocabulary. It just vironmental recovery; seals and porpoises in Today, MWRA plans to run that plant with was not in Ron’s nature to take time to the water, swimmers at the beaches, fisher- about 400 workers. rest up. men on the shore. Those are striking testi- For all the money spent on the new tanks, Ron Brown was an especially strong mony that the new infrastructure of pumps, valves and pumps, the best time and money role model for African-Americans. He valves and tanks really can retrieve our en- expended to date on the Boston Harbor never forgot his roots, and he took spe- vironment from the careless ravages of a ne- Project has been invested in the workers who cial pride in his efforts to make Com- glected sewer system. Within the new plant are running our facilities. For the public we there is another less publicized but equally serve and for the people we employ, it was merce Department programs more in- inspirational, success story; the workers the smart thing to do and it was the right clusive and to provide equal oppor- themselves. thing to do. tunity in the work force. He took pride When the MWRA began design and initial f in his efforts to revitalize the Minority construction of the new Deer Island treat- Business Development Agency and the ment facilities in the late 1980s, it wrestled THE BAD DEBT BOXSCORE Economic Development Administra- with the question of how more than 200 Mr. HELMS. Mr. President, at the tion. Most of all, he set an example for workers at the old Deer Island and Nut Is- land plants would fit into the new plant. close of business Friday, April 12, 1996, those who would follow in his footsteps Those workers, experienced only in oper- the Federal debt stood at with his determination, his intel- ating treatment facilities with antiquated $5,145,722,307,691.76. ligence and his optimism. technology, might have been considered as On a per capita basis, every man, Secretary Brown came into the Com- obsolete as the old plants themselves. woman, and child in America owes merce Department with a tremendous

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3270 CONGRESSIONAL RECORD — SENATE April 15, 1996 task: to shake one of the Government’s out as the workhorse who followed how difficult it must have been to forge largest and most diverse departments every development. He helped nudge that alliance. With help from countless out of its dormancy, and turn it into the process along to assure that USDA friends and diplomatic guidance from forceful, focused, and effective agency. matching construction funds were se- colleagues, Tom’s determination was At his confirmation, he expressed the cured. My staff and I were only too one of the forces that made it happen. following among his priorities for the glad to help. I have focused on Tom’s work on the Department of Commerce: ‘‘Expanding The University of Rhode Island is Coastal Institute, simply because I exports, promoting new technologies, now perfectly positioned, as both a shared his enthusiasm for the academic supporting business development— land grant and a sea grant college, to adventure, the scientific possibilities, these all require integrated action, develop the Coastal Institute. It is my and the very real benefits that it will crossing old lines between business, hope, and a hope I know Tom shared, provide. But he was a far more complex labor and government.’’ Ron Brown that these closely related natural re- man. was an expert in crossing old lines, sources disciplines will meet and grow My staff and I noticed that Tom, who whether racial or bureaucratic, wheth- at the Coastal Institute. always kept his eye on the goal, could er he was rejuvenating the Democratic The University of Rhode Island’s be stunned by a well-deserved com- Party or reinvigorating the Depart- Coastal Institute went though the pliment. He was so busy driving toward ment of Commerce. He could see poten- most rigorous USDA feasibility review, his objective and encouraging others, tial where others couldn’t, and he had including a peer review. Its funding has that he never seemed to notice the ex- that unbeatable combination of vision been approved step by step in a pain- cellence of his own hard work and lead- and determination that was con- fully rigorous appropriations process ership. tagious. He inspired those around him. that began in the 1980’s. I know he will be missed by all who In addition to his political acumen Tom was there every step of the way, knew him or were touched by his and leadership abilities, Ron Brown providing information, drafting testi- teaching, but I hope everyone who uses was extremely likable. I remember mony, and helping me to pave the way the policy simulation laboratory will walking down the corridors in the Hoo- for approval. remember him. They will be there As I advised Congress, using informa- ver Building seeing signs on employees’ working side by side with his deter- tion that Tom polished with my staff, office doors that read ‘‘Ron Brown Fan mined spirit. the primary mission of the Coastal In- Club.’’ Even those misguided few in Mr. President, I suggest the absence stitute will be to carry out research Congress who spent the last year try- of a quorum. and analyze policies to better enable ing to abolish the Commerce Depart- The PRESIDING OFFICER. The society to manage its coastal resources ment found their efforts thwarted by clerk will call the roll. The bill clerk wisely. proceeded to call the roll. the simple fact that so many business- In Tom’s words: men and Members of Congress not only Mr. NUNN. Mr. President, I ask The strength of the Coastal Institute will unanimous consent that the order for believed in the importance of Com- be multidisciplinary teams addressing com- merce—but also that everyone simply plex problems in a holistic manner. The In- the quorum call be rescinded. liked Ron Brown. stitute will take advantage of the informa- The PRESIDING OFFICER. Without This is a tragedy that hits home for tion superhighway and long distance inter- objection, it is so ordered. me, Peatsy, and my staff. Ron Brown active communication. f was a good friend. Our heartfelt sym- The Rhode Island-funded half of the ACCOLADES TO LANE KIRKLAND pathies go out to Alma, his children, Coastal Institute facilities are nearing and all the families of the passengers completion of URI’s Narragansett Bay Mr. NUNN. Mr. President, I rise and crew of the aircraft. campus. The federally funded half are today to pay tribute to Joseph Lane Mr. President, let’s all remember in the bid preparation stages for build- Kirkland, who last summer announced Ron Brown for his firebrand style of ings there and on URI’s Kingston cam- he would not seek reelection as presi- engaged public service. We’ll all miss pus. dent of the AFL–CIO. Lane Kirkland him. I wish we had more like him. I am deeply saddened that Tom did has been a friend since I arrived in Washington in 1972. He and his wife, f not live to see the completion of the Coastal Institute. It will be an institu- Irena, are a great partnership, a great TRIBUTE TO DR. THOMAS F. tion that is unique in the world and team, and my wife Colleen and I have WEAVER will include, housed in the building on been very honored to be their friends. Mr. PELL. Mr. President, I rise to the Kingston campus, a policy simula- Lane Kirkland is the son of the mod- pay tribute to Dr. Thomas F. Weaver, a tion laboratory that also will be ern South. Born in 1922 in South Caro- man who devoted his life to ideas and unique. lina, he is the son of a cotton merchant to education. Tom died earlier this The private sector has been involved and was raised in the textile town of month at home in Rhode Island and his almost from the start, thanks to Tom, Camden. As a child in the 1930’s, Lane sudden passing came as a shock to all in the concept and design of the policy Kirkland had classmates who lived in who knew him. simulation laboratory. When the lab is mill villages and worked as sweepers in Although he was in his midsixties, up and running, the private sector is the mills after school. Seeing the con- Tom was an active athlete and an in- expected to be an active participant in ditions under which they lived and spired educator. As chairman of the de- its programs. worked convinced Lane that unions partment of environmental and natural The policy simulation laboratory will were needed to protect workers. He resource economics at the University represent, more than anything else at held that view and still holds that of Rhode Island [URI], his aggressive the Coastal Institute, the vision of view. He certainly devoted his life to intellect, his warm spirit, and his en- Tom Weaver. He conceived it, helped that view. thusiasm all reflected the energy of a design it, and looked forward to run- Like some of his childhood friends, much younger man. ning it as a unique resource for edu- Lane’s wife, Irena, endured a painful, Tom worked closely with my staff for cators, businessmen, and government indeed, a traumatic and tragic ordeal more than a decade in planning the $24 officials. early in her life. Irena survived the million construction of buildings that The Coastal Institute represents an concentration camps of World War II, will comprise URI’s Coastal Institute extraordinary mix of scientists and re- and when the Communists took over on Narragansett Bay. Indeed, the build- searchers from disparate academic dis- her native Czechoslovakia, she was im- ing to be erected on the university’s ciplines. As I mentioned, it combines prisoned just before she escaped the main campus will include a policy sim- two of the greatest strengths of the country. Irena’s firsthand experience of ulation laboratory that would have university—which has an international oppression and, indeed, terrible, ter- been his pride and joy. reputation for both land grant and sea rible tragedy, deepened Lane Although the Coastal Institute will grant programs. Kirkland’s already strong concern for be the result of work by many talented Anyone who knows of academic poli- the freedom of people all over the and committed individuals, Tom stood tics at the university level can imagine world. Irena has been a strong partner

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3271 in the Kirklands’ dedicated quest for was known by people on Capitol Hill. necessary, but not sufficient. The freedom of people behind the Iron Cur- That made a big, big difference in a pe- American people must be involved in tain and indeed throughout the world. riod of time where our military forces this discussion, and the sooner the bet- Upon conclusion of high school, Lane needed strong voices and courageous ter. They must decide this matter in was a student at Newberry College. He voices. the long run because they and their later graduated from the United States We need only also recall Lane’s effort children will live with the results. Merchant Marine Academy in 1942. in the early days of the Solidarity None of us can be absolutely certain During World War II, Lane served as a movement in Poland. As an editorial in what our fellow Americans would deck officer on a number of merchant last summer’s Detroit News so accu- choose if fully aware of the various tax marine vessels that transported ammu- rately recounted: reform proposals now before the Con- nition for our troops on the front lines. When the trade union Solidarity bravely gress. Not enough debate has occurred After his service in the merchant ma- emerged in the 1980s to fight the Polish com- for that awareness to take place rine, Lane enrolled in the Georgetown munist regime, Mr. Kirkland and other labor throughout our country, and certainly University School of Foreign Service. officials smuggled money, printing presses there has not been enough publicity Following his graduation from and even electronic equipment to keep the giving the details and analyses of these Georgetown in 1948, Lane began his fledgling anti-communist movement various proposals. It may be that after work as a researcher for the American alive.... When it came time to confront the gravest security threat this country has inspecting alternative ideas, in spite of Federation of Labor and rose through ever faced, Mr. Kirkland did not flinch. He being frustrated with the existing Tax the ranks serving as an assistant to the fought communism and supported fledgling Code, Americans may decide to stick late George Meany, and was elected as democratic movements that contributed to with the current tax regime regardless Secretary-Treasurer of the AFL–CIO in the demise of many totalitarian regimes. For of its serious faults. I hope not. 1969. Ten years later, he was elected that effort, he deserves everyone’s apprecia- But whatever the decision, one must president of the AFL–CIO, a post he tion. be made. Public apathy and its close held for the next 16 years. Mr. President, I certainly endorse relative, public cynicism, are not ap- During Lane’s almost three decades that editorial. propriate to the challenge of funda- in the highest ranks of labor leader- Lane Kirkland truly deserves Amer- mental tax reform, which I, for one, be- ship, he played a critical role in uni- ica’s appreciation. He has devoted his lieve is essential for the Nation. fying what he termed the ‘‘House of life to improving the lives of all Ameri- If citizens are to make a reasoned Labor.’’ Under his leadership, the cans and to extending our democratic judgment about the merits of various International Brotherhood of Team- values throughout the world. Lane proposals, they must have recourse to sters, the United States Automobile Kirkland is an able and courageous in- a set of constant standards upon which Workers, the International Longshore dividual whose leadership at the head to rely. This is the only commonsense and Warehouseman’s Union of the West of the labor movement will be sorely approach that is possible and effective, Coast, and the United Mine Workers of missed. I am confident that he will and it applies to the evaluation of tax America came back into the overall continue to make a very strong na- reform proposals even more than to AFL–CIO fold. tional security contribution as well as other areas. Although I certainly did not vote for a contribution to the well-being of When the summer Olympics comes to labor’s legislative position as often as workers here in America and, indeed, Atlanta this year, athletes from all Lane would have liked, I always re- people all over the world. I am con- over the world will be competing spected his views. He presented those fident that he and Irena will continue against each other and against the views to Capitol Hill with courage, to serve their country, the workers of record book. It would really not matter with conviction, and with honesty and America, and the cause of freedom in if, say, the pole vault event were meas- integrity. Lane was tough, erudite and whatever they undertake. I extend my ured in feet or in meters, provided the unwavering in his promotion of work- sincere thanks to both the Kirklands, standard of measurement is consist- ers rights. Lane Kirkland never lost Lane and Irena, for their devotion to ently applied, and applied to all. But sight of the needs of America’s work- their fellow man, and I wish them the an athlete would have every right to ers, but his concern also included very best in all of their future activi- cry foul or unfair if his pole vaults workers around the globe, particularly ties. were measured in meters while the those behind the Iron Curtain. Lane f vaults of his rivals were measured in Kirkland has been a stalwart advocate feet. The standard has to be the same. THE UNLIMITED SAVINGS of human rights and he led the Amer- That is how you determine the best. ican labor movement by providing crit- ALLOWANCE TAX PROPOSAL So it is with tax reform. If the Amer- ical practical help at crucial moments. Mr. NUNN. Mr. President, much at- ican people are to evaluate the varying In my view, Lane Kirkland has done tention has been paid in recent days to proposals that have been presented, as much as any living American to proposals for fundamental tax reform. they need us to talk with them about hold America to a steadfast course dur- By fundamental tax reform, I mean the our ideas in a way that makes those ing the long cold war and to encourage replacement of the current tax on indi- ideas readily comparable. If proponents freedom throughout Eastern Europe vidual and business income with a bet- of reform and the media covering this and throughout the world. Lane was ter alternative. debate do not do that, then citizens the stalwart supporter of a strong na- A significant share of the debate over will be trying to compare apples with tional defense. He never wavered in his fundamental tax reform has occurred oranges, rather than apples with ap- conviction that a strong America was in Congress. Last year, Senator DOMEN- ples. I am afraid that is what has oc- essential not only to protect America ICI and I introduced, along with Sen- curred thus far in this debate. but to promote freedom across the ators KERREY and BENNETT, S. 722, the Let me offer several examples about globe. unlimited savings allowance tax, or the what I mean. Mr. President, when I first came to USA tax. Senator SHELBY and Con- First, for purposes of fair compari- the Senate, the defense budget, the gressman DICK ARMEY have introduced son, all tax reform proposals should be whole idea of a strong national secu- legislation proposing a flat rate tax. designed to raise the same amount of rity, was under severe attack. We were We have all heard considerable debate money. That amount should equal coming out of the Vietnam War. We about that in the Presidential cam- what is now raised by the part of the had been disillusioned by our participa- paign. Senator LUGAR and Congress- Tax Code that reformers want to re- tion in that conflict. The defense budg- man ARCHER have argued for a national place. In other words, all the proposals et itself, indeed, America’s national se- sales tax. Other proposals, perhaps should be revenue neutral compared to curity, was under very severe scrutiny variations on these ideas, will appear the current code. and attack. Lane Kirkland stood up in the coming months. This is an important discipline. In- many, many times, many times quietly If we are to have fundamental re- deed, it is a very critical discipline. but effectively making sure that his form, this sort of congressional debate Low rates are attractive. Accordingly, support for strong national security and activity is absolutely necessary— some reformers assume heroic cuts in

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3272 CONGRESSIONAL RECORD — SENATE April 15, 1996 Federal spending and Federal tax re- framework to permit citizens to under- questions and the hard work which are quirements when they calculate their stand how the entire structure would essential for meaningful tax reform. proposed tax rates. By doing so, they function and to suggest ideas for its Transition is only one of the many can present proposals with rock-bot- improvement. details that require elaboration. Farm- tom rates. If one proposal is going to Often when a proposal seems simple ers must know how tax reform pro- have that advantage, then every one in concept, it does so because its advo- posals will treat cooperatives. Bankers should have that. Why not propose a 10- cates have not explained how it would and insurance companies will ask how percent flat rate instead of a 17-per- apply to the many economic trans- financial and service organizations are cent? actions that occur every day in our to be taxed. When you give them an an- It is easy to see how we would have very complicated and complex econ- swer and you have not really thought debate that completely obscures and, I omy. about that, and you say, ‘‘Well, we will think, brings no clarity to the issue if Transition issues are a good illustra- have to have a transition rule,’’ that we do not have the same rules. This tion. Replacing much of the current means your proposal is going to get strategy is like selling a suit three code with an alternative system will more complicated and more complex. times too small on the assumption that entail more than just a one-time tran- That is inevitable. But when you have the customer will lose 30 pounds. sition cost. Over many years and using not thought about these issues, it Maybe the diet will work, but if it does after-tax dollars, Americans have makes comparisons for the public—and not, or even if it is not quite as suc- amassed trillions of dollars in savings. even for the news media people who fol- cessful as hoped, the suit will not fit Businesses have invested trillions of low it on a regular basis—almost im- and the customer will be unhappy. dollars in plant and equipment. That possible. All of us believe that our proposals has already been done. will accelerate economic growth and If and when we move to a new tax Wage earners will wonder if funda- the standard of living of the American system, what will happen to that sav- mental tax reform will address the people, or we would not be promoting ings and investment? Some tax reform- very regressive payroll tax, which is fundamental change. But if the pro- ers are silent on that issue. Does their one of our most regressive taxes and is ponents of one plan are permitted to silence mean that senior citizens, our one of the reasons why our American use dynamic estimates even in their best savers, will find their savings average working person has been hit so debate and presentations to the public, taxed yet again under the new regime? hard in the 1980’s and even in the 1990’s and the resulting lower tax rates, while Suppose somebody saved all of their while people get up and talk about the other areas use conventional estimates lives and they have $100,000 in liquid overall rates having come down. Yes, and the result is higher tax rates, then assets, and they are in their golden income tax rates have come down. Of this is not real debate. Rather, it is an years and plan to retire. If you pass a course, they came back up again 2 exercise in creative arithmetic. 20-percent sales tax and do not have a years ago. But they have come down I have long worked for reductions in fundamental transition, then you have substantially when measured over the Federal spending. I hope the current said to that senior citizen, ‘‘You have last 10 or 12 years—very substantially. budgetary impasse can be broken. We $100,000 which you saved all your life, But guess what has happened during can and we should put the Nation on a and you paid taxes on it. These are the same time? The Social Security path toward a balanced budget. But after-tax dollars, but now, as you spend tax, which has more effect on many of this process, as I view it, must be sepa- that money, we are going to levy a 20- our working people making lower in- rated from tax reform. It is imprudent percent tax on everything you spend in comes, that tax rate has gone up dra- to model a tax reform plan based on the latter years of your life.’’ Does matically, and, therefore, many work- rosy revenue assumptions that have anybody really believe that is fair? ing people, during the Reagan years yet to be put into place. Yet, those matters have not yet been where everybody talked about taxes There is also the matter of what discussed by many of the proponents of going down, many working people have share of the tax should be collected some of the plans. seen their taxes go up. from individuals and what share should Will businesses that invested in pro- Wage earners will not be the only be collected from businesses. I believe ductivity-enhancing equipment be pe- ones who ask about that. There is not that all tax reform proposals should be nalized for their foresight because they a small business person in America modeled to collect from business and will be unable to amortize fully these who is not vitally interested in the individual revenues in the same propor- investments? Is that the way we want same issue because the payroll taxes tion as what the current code extracts to increase new productivity, by penal- for small businesses have also gone up from both. izing previous modernization efforts for dramatically in the last 10 or 15 years. There is nothing magical about that productivity that have been made Advocates of fundamental tax reform proportion. From an apples-to-apples without a new code? must address these and many more perspective, however, we must guard When Senator DOMENICI and I drafted matters openly and early-on. The pass- against the temptation, in modeling our USA tax proposal, we devoted it-now-and-fix-it-later philosophy of tax reform proposals, to shift the tax much of our attention to solving the tax legislation will not work. A lack of burden from individuals to businesses, transition problems. I do not claim we candor at the beginning of the process or vice versa, in order to play shell have solved every one of them, but we invites precisely the public cynicism games with the rates. You can make a have gone a long, long way. Under the that now surrounds the current Tax tax proposal sound very attractive if USA tax, pre-transition savings would Code. you lower the individual rates dramati- not be taxed and businesses would be cally and increase the rates on busi- given an opportunity to write off their This issue of candor and thorough- ness. But that, in my view, unless it is previous investments. ness brings me to the final and most clearly spelled out as to why you are Proponents of other reform plans important apples-to-apples issue. doing it and what the philosophy is and have criticized the USA tax’s transi- Those of us calling for fundamental why that is going to improve the lives tion rules as overly complicated. That change must explain why we think the of the American people, it makes no is easy to do if you do not have any in Nation should embark upon such a sense. your own proposal, and if you have not large project. Only by knowing our mo- Just as all the tax reform proposals thought about the results of not having tives and why we think change needs should be revenue neutral, so too any. Perhaps so; we welcome any sug- to be made can citizens evaluate fairly should they provide enough detail to gestions for improvement. But, to use whether our plans are likely to suc- allow people a fair chance to assess an old poker expression, you can’t beat ceed. them in their entirety. Architects of something with nothing. Proposals for My own sense is that the authors of fundamental tax reform plans need not fundamental tax reform that do not ad- the various tax reform plans have draw up a complete set of blueprints dress transition are not simple—they many goals in common. Those goals with every single detail. The goal is to are simplistic because they are not have little to do with tax rates and furnish enough of the foundation and complete. They have avoided the hard even allowable deductions. I am not

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3273 saying tax rates and deductions are un- taxed as income. The returns to that For example, citizens would not be important. They are of course impor- $200, in this case, interest, is taxed taxed on interest earned on a bank sav- tant. But changing the tax rates or al- again. Saving $200 for tomorrow is ings account. Nor would they be taxed tering the number of deductions does more expensive than consuming it on income from dividends, interest on not require fundamental reform. today. corporate paper, or capital gains. Cor- In 1986, Congress lowered tax rates So we have an inherent bias built porate income would still be taxed at and eliminated certain deductions into our tax system that tilts us to- the corporate level; by not taxing it without replacing the Tax Code. If it so ward consumption and away from sav- again at the individual level there chooses, Congress could today enact a ings and, therefore, away from invest- would be no double taxation. While I flat or single rate individual income ment, productivity, and a higher certainly understand the theory behind tax with minimal tinkering with the growth standard with higher income. this proposal, I would have a hard time rest of the tax system. As a matter of Millions of middle-class Americans ever explaining why the wealthy owner fact, while Senator DOMENICI and I own stock or shares in mutual funds of a yacht living off of investment in- have offered a fundamental tax reform that own stock. They rely on this sav- come would have to pull up to shore to plan with a progressive rate structure, ing for retirement, health care, and let his captain off to file an income tax we could easily adapt our proposal to a other future expenses. return each April 15 while the owner flat rate system if citizens so de- I wonder if most realize how double remains on-board watching television manded without changing our essential taxation reduces the return on their in- and playing cards. purpose. vestments. Because our tax law regards That is a burden I do not want to as- Mr. President, the debate on flat tax corporations and their investors as sep- sume. So the theory has validity, but loses a great deal in terms of the un- arate entities, it taxes corporate earn- the application seems to be, and I derstanding that is required. You could ings twice: once as corporate income think would be perceived to be, very take the current Tax Code with all of and again as dividends received by in- unfair. dividuals. In contrast, because corpora- its headaches, with all of its deduc- Senator DOMENICI and I took another tions, with all of its complexities, with tions may deduct interest payments if tack. Like the flat tax, our USA tax all of its perceived unfairness, and you they borrow, holders of corporate proposal is administratively similar to could apply a national flat income tax bonds are not penalized by double tax- the current income tax. Some people, rate to the current code. It is just a ation. of course, do not like that. But our The current Tax Code says to citi- matter of arithmetic. You take the method for relieving the current code’s zens: faced with a choice between buy- amount you need to produce a break- burden on savings and investment de- ing today or saving so that you can buy even with the current revenue today, parts in considerable and very signifi- more tomorrow, then you should buy you take the rate that would be re- now. It says to corporations: faced with cant degree from the flat-tax approach. quired to apply to the taxable income, A major, perhaps insuperable, prob- the choice of building a strong founda- and you apply it. Instead of having lem with the flat tax is the failure to tion through equity financing or bor- four, five, or six individual income tax treat all income alike. An individual rowing to the hilt, borrow to the hilt. rates, you could have one. That could This bias against saving is a bias with only wage income would file a tax be done in just a few hours. You could against our future. We see its crippling return while his neighbor, with only have a national flat tax rate with the influences in our economic data. The capital income, would not. current code. But you would not have saving rate in this country is at his- Now, it is true that the capital in- solved the problem that is frustrating torically low levels. Because our sav- come would already have been taxed at the American people in terms of com- ings are low, our investment has been the business level. Dividends, for exam- plexity, unfairness, and the problem correspondingly low. Continued low ple, would have been taxed at the busi- that bothers so many of us because you saving inescapably means continued ness level as corporate income, but I would not have changed the basic dis- low investment. Low levels of invest- am afraid that would be far from obvi- incentives to save and invest which are ment mean low productivity gains. ous to the wage-earning neighbor. Such required if we are going to increase Low productivity gains means stag- a lack of clarity would inevitably lead productivity and if we are going to in- nant wages and, therefore, little or no to a lack of public confidence. crease the average income for our growth in our standard of living. We When we designed the USA tax, we American citizens. have been on this treadmill for long wanted to make the proposal as under- Our essential purpose is to change enough—too long. standable and fair as possible so we what we tax. This is true for the flat All of the major proposals for funda- chose to avoid the complex and con- tax and the national sales tax as well mental tax reform—the national sales fusing distinction between wage and as the USA tax and all the other pro- tax, the flat tax, and the USA tax of capital income. posals based on these models. Senator DOMENICI and myself—would The USA tax is indifferent to the All of these plans aim to correct the rid the Tax Code of its bias against sav- source of income. It is concerned with bias in the current code against saving ing. That is their central, core char- how the income is used. In every tax- and investment. Marginal changes in acteristic. While we debate the dif- able year, the amount of money a tax- the Tax Code cannot eliminate that ferences, this core characteristic payer chooses to save would not be bias. It is ingrained in our current sys- should not be overlooked. It is this taxed. The taxpayer would be taxed tem. If you want to remove the bias in focus upon the tax base that distin- only on the amount he or she spent the tax base, you have to replace large guishes fundamental reform from the during the year. This removes the dou- parts of the code. incremental changes of previous years. ble taxation of savings. Note, too, that What do we mean by bias some ask? Although many of the details of the no dollar ever escapes taxation. Over a Here is a simple example. If you take national sales tax proposal remain lifetime, every dollar would be taxed $200 and buy a television set, you are sketchy, its basic mechanism is famil- once and only once in the year it was not again taxed for whatever enjoy- iar to most Americans. The sales tax is spent. ment or enlightenment you may re- paid on purchases. Saving remains The USA tax grants to all America a ceive by watching it. If, however, you untaxed until spent. In theory, every power that today is reserved only for take that $200 and put it in a college dollar of wages or salary is taxed once the wealthy: the ability to lower their savings account for your children to go and only once at the point of consump- tax obligations. Exercising that power to school, all the interest you earn is tion. does not require an army of tax law- subject to tax. The flat tax would be administered in yers to ferret out loopholes in the tax The act of consumption—using the much the same way as the current in- system. Merely by saving, taxpayers $200 to purchase a television set—is come tax. The key difference is that can reduce how much of their wages is taxed once, as income. The act of sav- capital income—that is, money earned subject to tax in any given year. ing—putting the $200 away for future as the result of saving and invest- Under the USA tax, everyone will education expenses—is taxed twice. ment—is not taxed at the individual have the tools to take greater eco- The original $200 has already been level. nomic responsibility for themselves

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3274 CONGRESSIONAL RECORD — SENATE April 15, 1996 and for their families. At a time when At another time of great national un- had the chance to work with Ron we must moderate the growth of enti- certainty, Abraham Lincoln offered Brown during his all too short tenure tlement programs, this sort of change, some very practical advice. Quoting at the Commerce Department. I tre- I believe, is absolutely essential. him, ‘‘If we could first know where we mendously enjoyed working with Ron I know that many of us in America are and whither we are tending, we Brown in his various capacities as a do not think we can afford to save. My could then better judge what to do and private attorney, as a leading Demo- response is that we have no real choice. how to do it.’’ cratic activist, as chairman of the Savings must become a greater pri- Those of us who believe that funda- Democratic National Committee, and ority in every household budget, just mental changes in the Tax Code are most closely and I think most cre- as it must in the Federal budget by one important element, a very impor- lowering the deficit. It is Government’s tant element, in getting the country’s atively in this last period of years as responsibility to help our citizens by house in order should heed Lincoln’s Secretary of Commerce. I am honored providing a tax code that does not pe- advice. Let us work together to encour- that I can call him a friend. We are all nalize them when they try to do what age a public understanding of where we going to miss him—it’s painful to is best for their future and for their are economically and how our current think that my staff and I won’t have children’s future. Tax Code constrains us and prevents us the sheer fun of working with him Mr. President, I believe the U.S.A. from fulfilling the American dream of again—and the country will miss him tax offers a superior path to funda- a better life for all of our citizens. If we even more. I have the greatest respect mental tax reform. Its savings deduc- for him, as have so many others, as a tion is understandable and equitable. can do that, we may safely leave it to Those who take the time to acquaint the public to judge what to do and how wonderful, warm human being and as a themselves with our legislation—which to do it. leader who had a clear-eyed vision of Mr. President, I yield the floor. we tried to write in plain English in how to make our people and our coun- Mr. LIEBERMAN addressed the try better. the hope that Americans will read it— Chair. will also see how the U.S.A. tax would The PRESIDING OFFICER. The Sen- This is a case which is so often true simplify both the business and indi- ator from Connecticut is recognized. where you interconnect with a person vidual tax; encourage American ex- Mr. LIEBERMAN. I thank the Chair. in a professional capacity, but you ports by offering a tax rebate on sales Mr. President, before I proceed with never think of a man in the prime of or exports from this country; it would my remarks, let me just offer my life not being here. In a way, I suppose include vital deductions for education, thanks and appreciation to my dear it is death that makes you appreciate charitable giving and retain the home friend and colleague from Georgia for even more the great skills and the mortgage interest deduction; and it the statement he has made, for the would provide taxpayers and businesses enormous service that this individual, leadership he has given on this issue. Ron Brown, displayed for our benefit. with a credit for the payroll tax they He is known best, I suppose, for the ex- must pay, which is enormously impor- traordinary leadership he has given on Ron Brown, it seemed to me, truly tant to our small business community matters of national security now for loved the job he had at Commerce. He and, most of all, to our average work- more than two decades in the Senate, always managed to fit well, wherever ing people. but he has been a courageous leader in he was, and this job really did fit him Ultimately, however, neither Senator other areas, including this one of tax like a glove, from the moment he took DOMENICI nor I see ourselves in some reform. It reminds us about why we it. He had an early understanding that sort of fundamental win-or-lose con- will miss him next year and why I hope the mission of the Department of Com- flict with advocates of the flat tax or a he will continue to push us in the di- merce was to promote economic national sales tax. Fundamental tax rection of reform from the private sec- reform must be a collaborative process. growth, that is job creation. He under- tor. I thank my friend for his superb There are tremendous forces in favor of stood from his own experience the words. wide-open nature of our market system keeping the Tax Code as it is. They are Mr. NUNN. I thank the Senator. already well along in their job of scut- and that it was the unique way Amer- f tling change. We assist these defend- ica had for creating opportunity for its ants of the status quo when we focus COMMERCE SECRETARY RONALD citizens—the market, upward mobility. H. BROWN only on our differences and neglect Ron Brown never saw the business what we have in common. Mr. LIEBERMAN. Mr. President, as community as an enemy, he saw it as For all the conferences, column we return to session today, it is spring an ally in expanding opportunity, and inches, research reports, and speeches in Washington. The blossoms are out. he threw himself into this job with a devoted to fundamental tax reform It is a beautiful time, and yet I am sure single-mindedness and joyous commit- over the last year or so, the truth of it the experience I had in returning with ment to forcing the system, the eco- is that those of us who want funda- my family yesterday was comparable nomic system, to deliver for all Ameri- mental change stand at the beginning with others coming back to Wash- of a very long road. We must begin to ington; it brought home the terrible cans. travel that road together. We have to tragedy that occurred while we were Against this background, I want to speak with the American people re- away, that of the plane going down in talk about two areas of his time at garding what is really at stake in fun- Croatia carrying Secretary of Com- Commerce that I think was so criti- damental reform. We must solicit their merce Ron Brown and so many others, cally important. I believe that they views rather than stir up their pas- including two corporate executives were truly extraordinary, and set a sions. We must challenge our critics to from Connecticut, Claudio Elia and new performance standard for our gov- help improve our work, and when we Bob Donovan. And coming back here to ernment’s relationship with the private offer proposals for reform, we must em- this city, where many of us came to sector. ploy similar revenue estimates and know Secretary Brown, filled me with provide a comparable degree of detail a sadness and a sense of loss yesterday EXPORTS about what we wish to do. We must and today. The first has been written about ex- begin to make apples-to-apples com- I wanted to come to the floor and tensively in the last days since his parisons if people are going to be able share with my colleagues just a few death, and even some over the pre- to understand the debate and partici- thoughts about Ron Brown. I hope ceding three years: The incredible ex- pate in it. Then and only then can the someday in the not too distant future port promotion operation he put to- people of America decide, and the peo- to be able to offer to my colleagues gether at Commerce. But I do not ple will have to decide in the long run. some comments, if they did not have think that enough has been said about As we enter the Presidential election the opportunity to know them, about why that was so important. cycle, it is evident that the American Bob Donovan and Claudio Elia, whose people are restive and uncertain about service to our country was extraor- Until the mid-1970’s, the U.S. econ- our collective future. They wonder dinary. omy was on top of the world, domi- about which direction our country Today, however, I wanted to speak nating it. While our economic rivals, should take. about Ron Brown. I am proud that I led

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3275 particularly by Japan, were figuring this effort, and helped him force business leader or a head of state out that selling advanced manufac- change in this area. abroad. Then following those calls with tured goods for export was the key to Ron Brown, working together with visits, such as the one he was on when economic growth and raising the living President Clinton, understood that his life on Earth ended. He was so enor- standards of people back home, our they had to create a central position in mously skilled, he was so hard work- Government in a way was coasting on our foreign policy for our economic ing, he was absolutely and irresistibly our success. We were not paying atten- policy. Export promotion had to be at likable, he had such a great smiling tion to that message. the core of our international outreach; charm, such sharp intelligence, he was Other countries built export pro- that it was not a bad thing, but in fact such fun, he had such energy. motion machines—and they were ma- it was a very good thing, that if a The customers loved his perform- chines—through the most intimate and President visited a foreign country ance. They all knew he spoke directly comprehensive alliances between busi- with the Secretary of Commerce and for and to the President of the United ness and government, the private sec- one of the items they discussed with States, and that he would relay their tor and the public sector. But the truth the leadership of that foreign country messages back to the White House. is that our Government paid too little was buying American goods. Even our friends in Japan, who have attention to that need to build those I come from a very export-oriented systematically been denying entry for alliances. American businesses—and I State. In fact, it has the highest level too many U.S. products for too long, would hear this repeatedly from busi- of exports per capita of any State in liked him, as Ron Brown worked very ness executives in Connecticut—would the country. We know that exports cre- hard at breaking down the barriers. go abroad to compete, and they would ate jobs, high-paying manufacturing U.S. business strongly appreciated see what the business-government alli- jobs, and that each manufacturing job his commitment to them, an enormous ances of our competitors were doing for has an economic multiplier effect, cre- accomplishment. He was a terrific po- export promotion. ating a chain of goods and services be- litical operator in the very best sense I remember being told a story by the hind it, longer by far than most other of this phrase—he was mobilizing the executive of one of the companies in types of jobs. political system to serve the public’s Connecticut, telling me that they were The sad fact is that we have been needs. The business community competing against two other compa- disinvesting in manufacturing since uncderstood this and respected it deep- nies, one from Asia and one from Eu- the mid-1970’s, even though we need ly—I’ve heard this again and again rope, for a very large job in a foreign those kinds of jobs more than ever to from U.S. companies. Ron Brown was a country. They went over there to par- develop a strong economy and a better new kind of life force to them and they ticipate in simultaneous bidding standard of living for our people which had great affection for him. among the three business competitors. will continue America as the land of Ron Brown and his team’s export suc- This company from Connecticut, a big opportunity. Ron Brown, as Secretary cess was only beginning when he left company, had its executives and law- of Commerce, understood this from the us, because the historical changes he yers in one room. But in the other two beginning of his service. was starting are a long-term project. rooms, the executives and representa- When he began his export promotion But this new direction was a very im- tives of the Asian company and of the effort, within days of arriving at the portant accomplishment for America. European company were teamed up Commerce Department, the leaders of A major job for Secretaries of Com- with a representative of the Asian gov- the American business community that merce from now on will be to promote ernment and of the European govern- I spoke to—and I particularly heard U.S. goods, not just on the offhanded, ment, respectively. In that case, the this from heads of firms in Con- random way of the past, but with all Connecticut company did not get the necticut—were in disbelief. Someone the force of Ron Brown’s campaigns, or contract. We lost some opportunity was finally paying attention to their they will be judged failures. From now and jobs. priorities. Somebody was finally trying on, the Federal Government is going to The State Department, I am afraid, to help them pull together an Amer- have to get down and get to work with continued to treat American business ican governmental countermovement business selling our economy. It’s as if it had to be held at arm’s length. to the vast efforts rival countries and about time, but it took Ron Brown to Too many administrations went along their businesses had been mounting for show us how to do it. Ron Brown has with that distant attitude. Preoccupied decades, to take jobs and exports away set an entirely new standard for the with the end of the cold war and re- from us. Finally, someone with real country by which all that come after taining the political alliances required power, the Secretary of Commerce, un- him will be judged. for it, the State Department embraced derstood the problem. The fact is, at INNOVATION a traditional and outmoded notion of the beginning a lot of folks in the busi- A second remarkable thing he did as what foreign policy was all about, what ness community were skeptical that Commerce Secretary was to fight for mattered to people here at home. Too Ron Brown could make this all happen. innovation. This has been almost no- often they missed what was happening But he proved them wrong, to their where mentioned in the press, and it is in the world economy and the Amer- delight. He was great at this. Trained not well understood by the public or ican economy which has been a grave as a lawyer and always a superb advo- the fourth estate or Congress. But Ron error. They made export promotion a cate, he used those skills on behalf of Brown understood that for the Amer- low priority, while our rivals made it American businesses throughout the ican dream of opportunity to be sus- the top priority. The State Department world. He knew how to run campaigns, tained for a new generation, a higher treated U.S. business like pariahs, it and he ran this export operation like a level of economic growth was crucial. was ‘‘Upstairs-Downstairs’’—trade was campaign, which is exactly how it was. In addition to exports, he concentrated beneath our diplomatic priorities. Nobody had ever done this before in the on another ingredient of that strategy: This hasn’t ended. A Business Week way that Secretary Brown did, and our innovation. Even before he was sworn editorial this week notes that, ‘‘The country has never benefited as much in as Commerce Secretary, his friend U.S. foreign policy and security elite before as we did from his service. George Fisher, then president of Mo- believe security should be divorced He even set up, in the Commerce De- torola and now of Kodak, invited him from economic issues. Some go so far partment, something like a campaign to speak to a leading group of business as to suggest that providing security is ‘‘war room,’’ where he would get re- thinkers, the Council on Competitive- a perk of global power.’’ It concludes, ports on economic opportunities open- ness. Ron Brown set out in that speech ‘‘We don’t. American workers can’t be ing up to sell American products and an aggressive agenda of technology de- expected to suffer economically to pro- create American jobs—an early warn- velopment and promotion. He recog- tect [other nations] from one another.’’ ing system. Then the letters and the nized that innovation has been the Ron Brown shared this view, and he phone calls would start flying—Ron great American competitive advantage was the new momentum for bringing Brown was a phone wizard, it was a for generations, that it is now under our economy into foreign relations. technology invented for him, he was attack as our competitors expand, and The President was his staunch ally on forever reaching out to touch some that it has to be renewed if we are

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3276 CONGRESSIONAL RECORD — SENATE April 15, 1996 going to keep expanding our economy. American engine to support oppor- nity, and that has been very important Economists estimate that technology tunity and growth in America. He had for the country, too, and we need many development—coupled with a techno- a great dream for his agency, and I re- more. Ron Brown well-remembered and logically trained work force—has ac- spect that dream very much. I, for one, was intensely loyal to his African- counted for 80 percent of the increase pledge to him that I am not going to American roots, but, like Colin Powell, in U.S. productivity and wealth for sit here in this body and let it get dis- he was also a national leader, who was most of this century. mantled. clearly understood, in his great ener- Innovation is our bread and butter. All around this city of Washington getic way, to be battling for the well- Brown understood that since the Sec- are statues of Union Army generals. being of every American. That is a ond World War, the Federal Govern- This is a good thing—they remind us of new, promising thing in America, it is ment has backed most of the long-term the crisis the Civil War represented to a strong new step down our country’s research and development and applied our country’s future, of the great wave freedom road. R&D that has gone on in the United of sacrifice required thirteen decades Mr. President, he led this effort to States, while business focused on ago to keep this country intact and to take some small, relatively unknown shorter term product development. advance the freedoms it stands for. program in the Commerce Depart- That is an economic reality—the risk Now we are engaged in a different kind ment—the Advanced Technology Pro- and cost of R&D means that the pri- of conflict, a global economic conflict. gram is one—to build it into an engine vate sector must focus on what it can There are no particular enemies in this for technology growth and job cre- raise capital for—shorter term prod- conflict, at most we have rivals, not ation. ucts. It is a classic market failure enemies, although in some ways the Much was said in the aftermath of problem, and until recently Congress real enemy is ourselves because we Ron Brown’s tragic death about him on a bipartisan basis has supported the have not yet been able to mobilize to being a bridge builder. I say he was need for governmental support of inno- confront our problems. This new con- also a barrier breaker. I think some- vation. Brown picked up a series of flict will test whether the great Amer- times about Chuck Yeager, how he felt small technology and technology ex- ican dream of opportunity, of economic piloting that X–1 rocket plane when he tension programs that had been quietly growth that will allow all our citizens first broke the sound barrier. started at Commerce in previous ad- to grow, will endure for future genera- Ron Brown was a breaker, too, but ministrations, and made them a cen- tions. Someday, if we are successful in the thing about Yeager’s accomplish- tral focus. With an able team around keeping our opportunity dream alive, ment is that barrier has to be broken him, he made the Commerce Depart- we should think about putting up some every time someone chooses to do it. ment the administration’s leader in ci- statues of the men and women in the Ron Brown broke barriers that erased vilian technology development, and private and public sectors who are the them. When he became Commerce Sec- supported a new system of cooperative new generals, new kinds of heros, of retary, many were expecting the Sec- R&D development with business, re- that conflict. Ron Brown’s statue retary to name an experienced business quiring business to match Federal should be one of the first we erect. leader. They were disappointed when funding to ensure sounder Government BARRIERS he named a friend and politician. R&D investments and leveraging Fed- I have discussed his innovative role But Ron Brown, by his outstanding eral research dollars. He also helped at Commerce, but I want to say some- performance at Commerce and the expand a new system of manufacturing thing about barriers, too. Occasionally, depth of support he built in the busi- extension centers around the country, I think about how Chuck Yeager felt ness community, broke another barrier now in over 30 States, to bring ad- piloting his X–1 rocket plane when he and brought with him the business vanced manufacturing techniques and was the first to break the sound bar- community and a lot of Americans. technology to smaller and mid-sized rier. Ron Brown was a great barrier- Ron Brown was true to and proud of manufacturers desperately in need of it breaker, too, our first African-Amer- his African-American roots and the to be able to compete with global com- ican to achieve many things. While community from which he came, but petitors. In a time of budget cutting, Chuck Yeager’s courage enabled him to he became in his lifetime like Colin he successfully found the resources to break his barrier, the sound barrier re- Powell: Not just an African-American build these programs. He was also head mained and had to be broken again by leader, but a great American leader. of the administration’s information in- countless additional pilots. Ron Mr. President, finally, I say this. All frastructure task force, formulating Brown’s barrier breaking style was a around our city of Washington are policies on the new information high- little different. It also required cour- statues of our great military heroes. way and how to expand our popu- age, but he had a way of breaking bar- Now we are engaged in a different kind lation’s access to it. riers that began to erase them. He of global conflict: an economic global He was a true innovation supporter, would get through a barrier in his won- conflict. If we ever start building stat- and was moving quickly toward mak- derful, excited, buoyant way, and he ues for those generals who served as ing the Commerce Department what it would make everyone who watched him courageously and with great success in long should have been: a department think, there goes another one, and why the economic battles that affect the for trade and technology, where each of didn’t we do that long ago? When Ron quality of life and job opportunity for these two sides of the department pro- Brown became Commerce Secretary, people in our country, we ought to vides synergy for the other. It was be- many were expecting the President to erect a statue to Ron Brown as one of coming an agency which provided gov- name an experienced business leader, the greatest of those leaders. ernmental leadership in these two and were appalled when he named a I yield the floor. areas in support of the private sector, friend and politician. Big business has f not trying to dominate it, and much long been a barrier for African-Ameri- IMMIGRATION CONTROL AND FI- stronger because of this. cans, but Ron Brown’s outstanding per- NANCIAL RESPONSIBILITY ACT Ron Brown’s clear success, of course, formance as Commerce Secretary, and OF 1996 led to the usual Washington political the depth of support he built in the The PRESIDING OFFICER (Mr. STE- reaction against signs of creativity. business community, was unlike any- VENS). Under the previous order, the Unfortunately, for too much of this thing any Commerce Secretary has clerk will report calendar No. 361, S. past year he had to spend time deftly been able to do before. We watched and deflecting attacks on the existence of 1664. thought, there he goes through another The assistant legislative clerk read the Commerce Department. But he had barrier, the biggest he had ever faced. as follows: helped make it into an instrument for In so doing, Ron Brown broke an even growth and job creation, and his efforts bigger barrier. America has been A bill (S. 1664) to amend the Immigration and Nationality Act to increase control over had strong support among business and blessed with a long line of outstanding immigration to the United States by increas- work force constituencies. He had African-American leaders. In the past, ing border patrol and investigative personnel begun the process to put the Commerce those leaders typically have been lead- and detention facilities, improving the sys- Department on the map as a unique ers of the African-American commu- tem used by employers to verify citizenship

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3277 or work-authorized alien status, increasing Immigrants come here and work hard scribed who I think you could surely penalties for alien smuggling and document and they work cheap, which pleases say are very mainstream Americans. fraud, and reforming asylum, exclusion, and some and distresses others. They are from both sides of the issue. deportation law and procedures; to reduce Immigrants bring cultural diversity, The Commission labored and found the use of welfare by aliens; and for other that—and I quote—‘‘a properly regu- purposes. which pleases some and distresses oth- ers. lated system of legal immigration is in The Senate proceeded to consider the And that is the nature of the immi- the national interest of the United bill. gration policy debate. Powerful, power- States.’’ The Commission also noted, The PRESIDING OFFICER. The act- ful forces tear at the country. however, that there are negative im- ing majority leader. There are some members of our soci- pacts. It proposed a reduction—a reduc- Mr. LOTT. Mr. President, I ask unan- ety who believe immigration is an un- tion—in the total level of immigration. imous consent that no amendment rel- alloyed good. They consider it maybe That is who is suggesting the reduc- ative to the minimum wage be in order something like good luck; you simply tion. to the immigration bill during today’s cannot have too much. The Jordan Commission strongly rec- session of the Senate. Other segments of the population be- ommended that the family immigra- The PRESIDING OFFICER. Without lieve that immigration should be se- tion visas go to those who are of the objection, it is so ordered. verely restricted, if not eliminated al- highest priority in order to promote a Mr. LOTT. I yield the floor, Mr. together. They see America changing strong and intact ‘‘nuclear family.’’ A President. in ways that they particularly—to ‘‘nuclear family’’—would that we could Mr. SIMPSON addressed the Chair. them—do not wish to see. have a better description than ‘‘nuclear The PRESIDING OFFICER. The Sen- I deeply believe that immigration is family’’—but it is the one we think of ator from Wyoming. good, it is good for America, but I firm- as the tight-knit family; the spouse Mr. SIMPSON. Mr. President, I want ly believe that this is not an eternally and minor children. Surely we want to to thank the chairman of the Judiciary inevitable result. It depends upon those be certain that we unite those people, Committee, Senator HATCH, for his su- of us in the Congress and in the other but that we also have measures adopt- perb work in this area. I have not al- branches of Government to make it ed to ensure that family reunification ways agreed with my good friend from work. Immigration policy must be de- does not create financial burdens on Utah with regard to immigration signed and administered to promote the taxpayers of this country. issues, legal and illegal. And I say, too, the national interest or it may not I thoroughly support those findings to his fine staff after some early mis- have that effect. and recommendations. I have tried to understandings, they have certainly So Congress created the U.S. Com- follow them very carefully and very been excellent to work with. I appre- mission on Immigration Reform in the honestly in the legislation that I have ciate that. To Senator Strom THUR- 1990 act. The Commission was chaired sponsored. MOND who was chairman when I started by that remarkable woman, Barbara Regarding the issue of control of ille- this rather unique work, always help- Jordan, a powerfully articulate and gal immigration, the Commission re- ful, always supportive, always there; to splendid woman of such great good ported—and I quote: my old friend companion and colleague common sense and civility and intel- The credibility of immigration policy can from Massachusetts, Senator KENNEDY, be measured by a simple yardstick; people ligence. who should get in, do get in—people who who served as chairman of the com- That Commission is composed of a should not get in, are kept out—and people mittee when I came here in 1979, who truly impressive group of immigration who are judged deportable are required to then served as the ranking member, experts. Lawrence Fuchs, who was the leave. then as chairman, then as ranking executive director of the Select Com- That seems pretty sensible, pretty member, and it certainly is much more mission on Immigration when I started darn clear, actually. Pretty Jordan- fun having him as ranking member in this field, along with Senator KEN- like, I think. than as chairman! I have thoroughly NEDY, Senator Mathias, Senator Mr. President, I am pleased to report enjoyed the experience and have the DeConcini on that select commission. that the committee bill will measure greatest regard personally for him. We The other names are people who are up very well by that standard, by that have worked together on these issues deeply respected in the United States: yardstick. S. 1664 will provide addi- doggedly and persistently for 17 years. Michael Teitelbaum, Richard Estrada, tional enforcement personnel and de- It is a case of, in some ways, new Robert Charles Hill, Nelson Merced, tention facilities. It will authorize a players on an old field of battle. During Harold Ezell, Warren Leiden, and Bruce series of pilot projects on systems to my 171⁄2 years in the Senate, I have lit- Morrison, a former Congressman. verify eligibility to be employed and to erally spent weeks on the floor of this That Commission had labored for receive public assistance. It will also historic Chamber debating immigra- more than 4 years, holding a very large make improvements in both birth cer- tion reform legislation. Whether it was number of hearings and consultations tificates and drivers licenses in order legislation to provide legalization for around the United States of America, to reduce fraud. long-term illegals or to prohibit the and issuing two reports—two reports— The bill will provide additional in- knowing employment of undocumented one on controlling illegal immigration centives, additional investigative au- workers, legislation I sponsored and and one on reforming legal immigra- thority, and heavier penalties for docu- which this body debated in the mid- tion. ment fraud and alien smuggling. It will eighties, or whether it was legislation I have heard some people in the de- streamline exclusion and deportation Senator KENNEDY and I sponsored to bate and in the country say, ‘‘Where procedures. It will establish special increase immigration by nearly 40 per- did all of these disturbing ideas come procedures to expedite the removal of cent in 1990, it has always been a ter- from? Where did this issue come from, criminal aliens. There are additional ribly difficult issue for all the Members this discussion about the preference enforcement-related provisions. It is a of this body. We know that no matter system and this one about chain migra- good illegal immigration control bill. I how we vote on immigration issues, we tion?’’ and about a verification system, urge my colleagues to support it. are going to assuredly upset and create as if it were all some scheme that was The committee has also reported a anguish among segments of our con- presented by some of the fringe ele- legal immigration reform bill which, I stituencies. ments of American society. Each and regret to say, does not carry out the But immigration policy is a criti- every one of the proposals in each and major recommendations of the Com- cally important national issue, and every one of the bills presented has mission on Immigration Reform Congress must deal with it. It is not for come from or out of the Select Com- chaired by Barbara Jordan and does the States to deal with. mission on Immigration and Refugee very little to address the problems and Immigration accounts for 40 percent, Policy or the Jordan Commission. weaknesses in our present legal immi- or more, of our population growth, They are not disturbing, they are not gration policy. There might have been which pleases some and distresses oth- sinister; they are real. They come from some great expectations of that at one ers. a group of people that I have just de- time.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3278 CONGRESSIONAL RECORD — SENATE April 15, 1996 I am reminded of a story of my good they will not become ‘‘a public family members of citizens of the friend Senator HOWELL HEFLIN, who is charge.’’ That has been on our books United States of America. They will go certainly wont to tell a story or two since 1882—1882. first to citizens. Then they will go to from time to time, especially the ‘‘No- This bill, these bills, tighten that the closest family members of perma- tie’’ Hawkins variety stories and oth- singular requirement in an excellent nent resident aliens, and then to other ers that I am sure we have all heard way. We do say now that the affidavit immigrants. Any that remain will fall from time to time and that we never of support has teeth and, indeed it down logically to the lowest priority of tire of. At least I do not. So one has to does. That is a very excellent step. family immigrants. We can expect give credit when you have heard and What we find in at least half a dozen or many amendments and several days of retell a good story, but you only do more States of our Union —and yet we debate and much disagreement, but de- that once. The second time you just do just cannot say that is for six States spite the emotion, fear, guilt, and rac- not say anything. And the third time alone to deal with; or that we do not ism that is involved in the immigra- you claim it for yourself. need to do a national bill; no, that tion issue, we have always—histori- So the story is that this attractive would be a true flight from reality. In cally, at least—had a good, clean, hon- elderly couple, both of whose spouses half a dozen or more States, current est, civil debate on immigration in this had passed away, were on a long airline high levels of immigration are per- body. I trust it will be no different this flight together, very long. They were ceived as causing, rightly or wrongly, week. sitting there enjoying visiting with some very serious social and govern- Republicans will disagree among each other. They were in their late sev- mental problems. themselves, I can assure you. Demo- enties. They talked about their chil- Do they take more out than they put crats will disagree among themselves, I dren and grandchildren and their inter- in? Do they leave more in than they assure you. I will have serious dis- take out? Well, it depends on what side ests and things that excited and agreements with my friend TED KEN- you are on. Do they pull their share? spurred them both on to a full life. And NEDY, and my friend, Senator SPENCER Do they really take the jobs Americans they had dinner, and they visited some ABRAHAM of Michigan, who is a fine ad- do not want, or with millions lesser more. And after a highly convivial dition to this body and adds greatly to employed in the United States, and evening and long flight, they landed. the debate of this issue. This is not and having done a welfare reform bill, will The lady reached over and patted the never should be and never has been a there not be many people looking for gentleman on the knee and said, ‘‘You partisan issue. Anyone taking it to work—all questions that will never go know, it has been wonderful. You re- that level is making a serious mistake. away, ever. mind me of my third husband.’’ And he We are informed that in the Cali- You will find that in the rollcall votes. said, ‘‘How many have you had?’’ She fornia public school system subjects There is no partisanship involved in replied sweetly, ‘‘Two.’’ You can think are taught in 100 different foreign lan- immigration reform. I want to commend the new members about that one when you get home. But guages. California must construct a of the Judiciary Committee and the that is called great expectations. new school building every day to keep That is what was there with regard up with immigrant student enrollment. subcommittee of both parties, Senators to legal immigration reform, at least It is not only illegal immigration, KYL, FEINSTEIN, ABRAHAM, DEWINE, in accordance with what Barbara Jor- which is about 300,000 entries a year, FEINGOLD, and THOMPSON. They bring a dan and her commission had reported but also our historically high level of special vigor, intelligence, energy, and to us. legal immigration, about 1 million a passion to the game. I like that. Yet what we have here is something Just a couple of things, and then we year in the current years, that have that will not solve our problems with will go forward and proceed with our given credence and impetus to the regard to legal immigration. These are work. I want everyone to be aware of widespread view that immigration is the usual fare that will be presented as the most vexing and the most trou- out of control—perhaps even more bling results. These deficiencies are the tragically, beyond our control. the menu is spread before the Senate in ones that give rise to proposition 187, I do sincerely believe that if Congress this debate. First, the Statue of Lib- ladies and gentlemen. These are the fails to act to address these very real erty—that will always be a rather thor- omissions that will see proposition and reasonable concerns of the Amer- ough, impressive, rich debate, but we 187’s come to life in every single State ican people, there is a very strong pos- are not talking about the Statue of in the Union unless we ‘‘do something’’ sibility—and we have all been warned Liberty, because the words of Emma at the Federal level. We are doing very about this by the select commission, Lazarus, do not say on the base, ‘‘Send little in the area of legal immigration and by the Jordan Commission—we us everybody you have, legally or ille- and badly need changes there. will lose our traditionally generous im- gally.’’ That is not what it says. We Then you want to observe the various migration policy. The American people hear that. I hope the American people proposals passed either incrementally will demand a halt to all immigration. can hear that one and remember that or on immigration reform measures They will not stand still for the Con- we are seeing in this country groups of which allow States to deny or impose gress-knows-best approach, as some people who are in enclaves where they charges for elementary and secondary would have us take this route on this never learn or speak any other lan- public education for illegal alien stu- burning issue. guage. They are in New York, they are dents. These will also be part of a very For these and other reasons, I will, at in San Francisco, they are in Los An- vexatious debate. Do we continue to an appropriate time, offer an amend- geles. We read about those things give support to the illegal community ment to provide a modest, temporary daily. That will not be improved by and deny it to the American citizen reduction in legal immigration. It mat- doing nothing. community? That will be a good test. If ters not one whit to me what the vote Then we will hear—this is always a you want to be sure that we provide is on that, but we will vote on that rich tapestry in itself—that we are all various things to mothers who are here issue. It will attempt to reduce immi- children and grandchildren of immi- illegally, then where is the money com- gration to a level approximately 10 per- grants. We will all hear that. I can tell ing from that offsets that? Who is pay- cent below current level and hold it at my story and everybody in this Cham- ing for that? If you want to relieve in that level for 5 years—a breathing ber can tell theirs. We are not talking a compassionate way a sponsor from space, if you will. For the first time in about that. We are not talking about having to pay for the person they bring more than 50 years, there will be no in- populating a country and settling the over here and we sometimes say we crease in legal immigration over a 5- West. We are talking about people in cannot do that—heavens no, for the fel- year period. At the end of the 5 years, the United States who are brooding low cannot afford that. the numbers and the priority system about illegals in their midst and show But, you see, ladies and gentlemen, will return to exactly what they are it in every poll, and then show it at the you have to remember that you cannot under the present law—no change, back polls. bring an immigrant legally to the to business as usual. We had a man running for the Presi- United States unless the sponsor During this 5-year breathing space, dency of the United States who, per- agrees, and also the immigrant, that the visas will go first to the closest of haps if he were in the race, would pick

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3279 up 17 to 20 percent of the vote based on many engaged into a cottage industry they do not, is that the first step? Is a lashing out about immigration or a of making phony documents. We have that the slippery slope toward a na- move toward xenophobia, just as has employer sanctions but we did not tional ID? I think people choose to happened in Germany, with a person want to put the burden on the em- hear only what they will with regard to receiving 17 to 20 percent of the vote, ployer. So we said, whatever document that. or in France, with another man with you are shown, the employer, cannot Finally, we will hear about placing such views garnering 17 percent to 20 be responsible for the validity of it. So the burden on the employers. Why the percent of the vote. Those things are they just took them. I always love to argument, ‘‘Are we doing this to the out there. There is no question about explain my own here because it costs employers of America? How can we do them being out there. 100 bucks. We picked it up on the this and make them the watchdogs of My grandfather came here from Hol- streets of Los Angeles. ALAN KOOI America and make them do the work of land. His parents died at the age of 6. SIMPSON, Turlock, CA, a very distin- a failed Federal Government?’’ Fas- He was orphaned. He was a ragamuffin guished person of less than hirsute ap- cinating. Without employers, we would in the streets of Chicago with a tin pearance reflected here on the card. have no ability to administer the Inter- cup, as far as I can find. Every one of And here is my phony Social Security nal Revenue resources, because the em- us can tell that kind of story. Then he card. I do not know what other poor ployer gathers up the withholding tax. went to work as a clerk for the rail- soul shares the same number with me— I have not seen any editorials on that road, and he went west. Horace Greeley maybe none. But that is why nothing as to the burden on employers. was right, ‘‘Go West, young man.’’ He worked. That is why, in this bill, some- And now it is curious to me that I did. He not only ended up working on thing will work. also saw an editorial the other day the railroad, he ended up running and I think we will keep those provi- that said that what will happen if the owning a coal mine in a little town sions—I hope so—because we are not bill is passed is that the American em- ployers will find out they will have to named Kooi, WY—named after him. He talking about national tattoos. We are ask somebody whether they are au- was, in every sense, an American suc- not talking about Nazi Germany. We thorized to work. I tell you, that edi- cess. He died a very happy man after are not talking about an error-filled torial writer has to have drilling rock giving birth to my mother, and assur- national data base. We are not talking about a mess of an administration in instead of brain, because that one is on ing the wonderful heritage I have. We the books already. Since the 1986 bill, can all tell those stories, and we can go some other agency of the Government. We are talking about ‘‘doing some- you have had to present to the em- on to the Irish relatives, the German ployer the fact that you had an I–9, relatives. All of us can tell these sto- thing’’ about illegal immigration. And the oddest thing to me is that the peo- which is a one-page form authorizing ries—the stories of persecution, the you to work in the United States of ple who seem to really want to do stories of horror, the stories of po- America. It has been on the books now something to illegal, undocumented groms. Those are real. Those are sto- for 9 years. Did anybody miss that? I people—other than thumb screws or ries of inspiration of which we can think not. take—I think we shall call ‘‘judicial the rack—as I often hear them speak, So you are going to find that that is notice.’’ have failed to realize that the one exactly what employers already have One other thing we should take judi- thing you can do that does work and is been doing. We are trying to say—and cial notice of, we are the most gen- humane is a more secure counterfeit- I hope we can get this in; we will see— erous country on Earth. I have heard resistant card, or verification, or some- that if we go to a pilot program and the phrase, ‘‘why, why would we turn thing like a telephone verification, the Attorney General finds that it is inward? What are we doing?’’ What is where you slide it through some kind accurate and it works, and it is reli- American about that? Mr. President, of electronic device, some type of com- able, you will then not need to do the we take more refugees in than all the puter link, or similar process. All of I–9. Skip it right there. Throw it out. rest of the world combined. We take in that can be studied under this bill in But employers are the core of anything more immigrants than all of the rest of the form of pilot programs. we can do with regard to immigration. the world combined—combined. All im- I will try to make an amendment We are trying to lessen the burden on migrants, refugees, the whole spec- that those pilot programs not simply employers. trum. be authorized, but that six or seven of The occupant of the chair cited to me Then we will see on the menu, pas- them be required to be looked at, and a case of an employer in Alaska several sionate words about some national ID then ‘‘of course’’ a vote before they years ago who asked the person in card, which has never escaped the would ever go into effect. We cannot front of him for additional documents menu, as far as I have ever known in get there without this. You cannot do and therefore was charged with dis- my 17 years here. Some have played something with illegal immigration crimination. We have corrected that that card with a better look at a poker and moan and whine and shriek about completely. Not only that, we do not hand than any I can remember. I re- it day and night and not do something let them ask for 29 different docu- member particularly a Congressman appropriate with some kind of counter- ments. We have it down to six. And we from California who was certainly vig- feit-resistant, tamper-resistant card, say there has to be an intent to dis- orous in his pursuit of his feelings and and also doing something with impost- criminate before you get nailed for it the depth of his internalization of that. ers who use the card and those who are simply by asking someone for an addi- We have never talked about a national gaming the system. That, I hope, will tional document. And remember—I ID card in the entire time I have been become a very clear fact of this debate. hope you can hear this in the clatter of working on this issue. I have put it in And then I hope we do not hear too the debate—that whatever we do in the every single bill, that there would not much about the ‘‘slippery slope,’’ be- way of the identifier, or more secure be a national ID card, under no cir- cause I have not seen any editorials system, or whatever it is, will be used cumstances. Yet, I still hear it bandied about the fact that when you go to only twice in the course of human about. drop your bags at the airport, some- life—when you get a job, or when you In fact, one group of worthies has body asks you for a picture ID. It is not go on some kind of public assistance, even spread a curious little packet even an agent of anybody, I would period. Whatever we have will not be about which describes the Smith-Simp- guess, except the airline. But I have carried on the person, will not be used son bar code tattoo, which is certainly not seen any editorials that that is the for law enforcement, will not be any a grisly looking thing. But that chap first step, the first slide down the slip- part of any other nefarious Big Brother must, I think, keep his day job, for he pery slope toward a national ID. So it scheme. That gets lost in the process has wasted a lot of energy to try to put is with the American public—at least along with so much that gets lost in that kind of tilt on what we are trying in airline travel. I do not know what it the process. What we are trying to do to do. is on the bus lines, but I have a hunch is relieve the burden on employers. We We all know why employer sanctions that not many people here ride the bus think we can do that. did not work in the 1986 bill. Employer lines. Maybe they do, but I wonder if Then we do something with birth cer- sanctions did not work because so they ask that there. If they do or if tificates. I hope we can retain that. I

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3280 CONGRESSIONAL RECORD — SENATE April 15, 1996 think we have a good amendment you doing? What are you up to? Forget The PRESIDING OFFICER. Without which will offset the cost of that so we it. It does not affect us.’’ objection, it is so ordered. do not make that an unfunded man- But it does fall upon those of us from Mr. SIMPSON. Mr. President, I ask date, because the birth certificate is the smaller States and districts, from unanimous consent that John Ratigan the breeder document of the first order. areas such as Senator McCarran of Ne- be granted floor privileges during the You get the birth certificate and, with vada, and Representative Walters of pendency of S. 1664. that, you go on to get the driver’s li- the 16th District of Pennsylvania, or The PRESIDING OFFICER. Without cense, Social Security card. You can Senator SIMPSON, and Mazzoli of Ken- objection, it is so ordered. check the obituary columns and find tucky. The KENNEDYs of this body can- Mr. KENNEDY. Mr. President, I out the death and go get the birth cer- not handle this issue; the FEINSTEINs of would be glad to yield for a moment to tificate. These things must be cor- this body cannot handle this issue; the the Senator from North Dakota. rected. Wilsons—when he was here—cannot Mr. DORGAN addressed the Chair. Legal immigration reform is cer- handle this issue because their con- The PRESIDING OFFICER. The Sen- tainly not the most popular cause that stituents will not allow them to do it. ator from North Dakota. I have been involved in in my 171⁄2 Yet this is one issue, one burning issue, AMENDMENT NO. 3667 years, yet I have often been involved in that will not go away. (Purpose: To express the sense of the Senate such causes. What we are trying to do So be assured that your angular, that a balanced budget constitutional there is simply stop the phenomenon of western representative will not be cha- amendment should protect the Social Se- chain migration. Chain migration is grined in any sense with whatever this curity system by excluding the receipts rather simple as you define it. There is eventually looks like. But we are sure- and outlays of the Social Security trust a preference system. Remember that if ly going to have a good debate. We are funds from the budget) you are a U.S. citizen, you can bring in going to throw it all in there, get it Mr. DORGAN. Mr. President, first of your spouse and minor children, and mashed around. And if I come up with all, I understand the Senator from they are not any part of a quota sys- a vote of 92 to 8 on the losing side, that Massachusetts wishes to give an open- tem. Yet they are computed in the en- is fine with me. But we are going to ing statement. I appreciate his indul- tire scope of how many come to the have a vote, and we are going to have gence. My son is having a birthday United States. And then you can bring a debate. We are going to talk about party in about 20 minutes. I promised I in adult, unmarried children. And also things that the American public is was going to be there, and I intend to adult, married children. And then we talking about. And that is, ‘‘What are keep that promise. have minor children and spouses of per- you going to do about illegal immigra- I wish to offer a sense-of-the-Senate manent resident aliens. Then we have tion so that our social systems are not resolution and want to do that. But be- brothers and sisters of U.S. citizens. overwhelmed?’’ And answer their ques- fore I do that, if the Senator from Mas- What we are saying is let us take in tion, ‘‘You told us the first duty of a sachusetts would indulge me for about the spouses and minor children first, sovereign nation was to control its bor- 3 minutes, let me say that the Senator and not let somebody bring in on a sin- ders, and you did not do it. Why? You from Wyoming has done extraordinary gle-person petition 30, 40, 50, 60, or 70 told us that you would do things in the work in the Congress over these years. relatives—all from one U.S. citizen. national interest, and you did not do The Senator from Wyoming mentioned That is called ‘‘chain migration.’’ it. Why?’’ And also watch what they do SIMPSON and Mazzoli. He is talking I commend the Jordan Commission for themselves. People from States about himself, ALAN SIMPSON, and Ro- report to those of you who wish to read that do not have any real tough immi- mano Mazzoli, with whom I worked in about that phenomenon, and see gration problems at all are thinking the House of Representatives. They whether you would ‘‘join in’’ in doing about proposition 187 type laws. And have left their mark on immigration something about that. that is disturbing. and will again with this legislation. As I say, it is not a partisan issue. So I hope that we pay careful atten- Much of what the Senator from Wyo- None of these tough ones will be par- tion, have a good, rich debate, and not ming has done with respect to illegal tisan issues. I am sure the Democrats think of swans but maybe of turkeys, immigration is going to be very, very will caucus, and the Republicans will or of eagles, because there is a little of important, and I commend him for his caucus, and we will pound each other each of them in all of this. There are work. around, and at the end of it we will re- some soaring like-eagle parts in this. We will have, of course, difficult alize that it is the Nation’s business, And there are some things that do not amendments. But we will work through and that it is always very difficult. match any kind of other bird activity. those. And I hope at the end of the day But one thing I want to make very But this is one that will not go away. we will pass some legislation that clear. I note that since I will be exiting It seems to me it is best that we ad- moves in this direction that will be the Chamber at the end of this year, dress it while we are all here and in a good for this country. some will speak of this as ‘‘SIMPSON’s knowledgeable, civil way, and I look Now that I have said nice things swan song.’’ This bird has never looked forward to the debate. I look forward about the Senator from Wyoming, he like a swan—neither me nor the legis- particularly to working with newer will probably now be upset with me for lation. It is about a corollary of legis- members of the committee, the sub- offering a sense-of-the-Senate amend- lative activity that my friend from committee, and with my friend, TED ment. But let me tell him that I will Massachusetts has learned well KENNEDY. certainly agree to a time limit that is through the years. Any time you look I think it was either Henry James or very short. I expect tomorrow we will obsessed about a piece of legislation, William James who said, ‘‘To do a have a vote on this. you are history. I can tell you that. thing be at it.’’ And we are at it. It is The only reason I am constrained to Yet we have come further in these two an election year. But anyone who offer this on behalf of myself, Senator bills than we have in 10 years. There wants to use this one for pure partisan DASCHLE, Senator REID, Senator HOL- are people on my side in this one who, political advantage is making a most LINGS, Senator FORD, Senator CONRAD, if I had said those things 10 years ago, serious mistake, it is much bigger than and Senator FEINGOLD is because this or 5, they would have run me out of that. will be the only opportunity to do so town on a rail. I thank the Chair. prior to the majority leader bringing So we have some good things there. Mr. KENNEDY addressed the Chair. up a constitutional amendment to bal- But I can assure you of this: Win, lose, The PRESIDING OFFICER. The Sen- ance the budget. or draw, up or down, I did not come ator from Massachusetts. The majority leader has announced here simply to have my name attached PRIVILEGE OF THE FLOOR that he intends to take up his motion to immigration legislation. That is Mr. KENNEDY. Mr. President, I ask to reconsider the vote by which the about the biggest political loser in the unanimous consent that legislative fel- balanced budget amendment was de- history of man. It never helped me get lows Tom Perez, Bill Fleming, and Liz feated. Some have said he will do it a single vote in three races for the U.S. Schultz be granted floor privileges dur- this week; if not this week, perhaps Senate. In fact, people said, ‘‘What are ing the debate on the immigration bill. next week. Under the rules, there will

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3281 be no debate on the balanced budget The PRESIDING OFFICER (Mr. ficial and as needed in America today amendment this time around. KYL). Without objection, it is so or- as it was in 1965 or at any other time in So in order to have the Senate go on dered. our history. record on this issue prior to that, it Mr. KENNEDY. Mr. President, as we In 1965, it was clearly time for change was required that I offer a sense-of-the- begin to consider reforms in our Na- in our immigration laws. We elimi- Senate amendment. My amendment is tion’s immigration laws, our thoughts nated the vestiges of the racist and dis- very simple. I will send it to the desk. also are with our Immigration Com- criminatory national origins quota sys- It simply indicates: missioner, Doris Meissner, and her tem that had denied immigration op- It is the sense of the Senate that because children, Chris and Andy, as they cope portunities to so many for so long Section 13301 of the Budget Enforcement Act with the loss of a husband and father. based on where they came from. prohibits the use of the Social Security trust Chuck Meissner was serving ably as the In the years since then, we have fund surplus to offset the budget deficit, any Assistant Secretary of Commerce and acted several times to strengthen and proposal for a constitutional amendment to balance the budget should contain a provi- he was on Secretary Brown’s plane reform the immigration laws to deal sion creating a firewall between the receipts when it crashed in Croatia just 10 days with changing times, changing prob- and outlays of the Social Security trust ago. I know that the thoughts and lems, and changing circumstances. funds and the rest of the federal budget, and prayers of all of us in the Senate go out Congress also passed important re- that the constitutional amendment should to the Meissner family during this very forms in 1986 and 1990. In 1986, the Im- explicitly forbid using the Social Security difficult time. migration Reform and Control Act of trust funds to balance the federal budget. At the outset of this debate on immi- 1986 set us on the course of removing Because of the circumstances, there gration reform, I commend the chair- the job magnet for illegal immigration. would have been no intervening oppor- man of the Immigration Sub- That landmark law, sponsored by Sen- tunity to discuss this. I will offer this committee, Senator SIMPSON, for his ator SIMPSON, made it illegal for the amendment, ask that it be sent to the able leadership on this landmark legis- first time for employers to hire illegal desk, and that it be immediately con- lation, as well as for his able leadership immigrants. The reforms that we will sidered by the Senate. over many years on the many difficult consider today build upon that historic Before the clerk reads it, let me say issues involved in immigration. change in our immigration laws. And it that I do not intend to hold up the im- Senator SIMPSON has always ap- legalized the status of over 2.7 million migration bill, and I intend to agree to proached these issues thoughtfully and undocumented immigrants who had set any reasonable short time agreement. fairly and with an open mind. He is down roots in America. Understand that this does not relate to steadfast in his commitment to what The Immigration Act of 1990—which the underlying bill, but also under- he believes is best for America. And I Senator SIMPSON and I sponsored to- stand that this will be the only oppor- know that all Senators of both parties gether—was the most sweeping reform tunity prior to a vote that Senator join in expressing admiration and ap- of our immigration laws in 66 years. It DOLE has already announced to the preciation for his efforts. overhauled our laws regarding legal Senate and the country that he intends As we consider immigration reform immigration, the bases for excluding to require of us. It will be the only op- today, we must be mindful of the im- and deporting aliens, and naturaliza- portunity prior to that time for us to portant role of immigration in our his- tion. register on this question. tory and our traditions. Immigrants THE CURRENT PROBLEM OF ILLEGAL Mr. President, I ask for the imme- bring to this country a strong love of IMMIGRATION diate consideration of my amendment. freedom, respect for democracy, com- Today, the paramount problem we The PRESIDING OFFICER. The mitment to family and community, face is to deal with the continuing cri- clerk will report. fresh energy and ideas, and a strong de- sis of illegal immigration. As Barbara The legislative clerk read as follows: sire to become a contributing part of Jordan reminded us, ‘‘We are a country The Senator from North Dakota [Mr. DOR- this Nation. of laws. For our immigration policy to GAN], for himself and Mr. DASCHLE, Mr. REID, As President Kennedy wrote in 1958 make sense, it is necessary to make Mr. HOLLINGS, Mr. FORD, Mr. CONRAD, and in his book, ‘‘A Nation of Immigrants’’: distinctions between those who obey Mr. FEINGOLD proposes an amendment num- bered 3667. There is no part of our nation that has not the law, and those who violate it.’’ And been touched by our immigrant background. that’s what we must do today. Mr. DORGAN. Mr. President, I ask Everywhere immigrants have enriched and The Immigration Service estimates unanimous consent that reading of the strengthened the fabric of American life that the permanent illegal immigrant amendment be dispensed with. Those ideals are widely shared and population in the United States is now The PRESIDING OFFICER. Without bipartisan. As President Reagan said in about 4 million, and that the number objection, it is so ordered. his final speech before leaving the increases by 300,000 each year. That The amendment is as follows: White House: number is a net figure. The INS esti- At the appropriate place, add the following We lead the world because, unique among mates that over 2 million illegal immi- new section: nations, we draw our people—our strength— grants cross our borders each year. SEC. . SENSE OF THE SENATE ON A BALANCED from every country and every corner of the BUDGET CONSTITUTIONAL AMEND- About half of them enter legally as MENT. world.... tourists or students, but then stay on It is the sense of the Senate that because Thanks to each wave of new arrivals to illegally, long after their visas have ex- Section 13301 of the Budget Enforcement Act this land of opportunity, we’re a nation for- ever young, forever bursting with energy and pired. prohibits the use of the Social Security trust About 1.7 million of the 2 million fund surplus to offset the budget deficit, any new ideas, and always on the cutting edge, always leading the world to the next fron- illegals remain only briefly in this proposal for a constitutional amendment to country to work or visit friends and balance the budget should contain a provi- tier. This quality is vital to our future as a sion creating a firewall between the receipts nation. If we ever closed the door to new relatives. But 300,000 stay on as part of and outlays of the Social Security trust Americans, our leadership in the world the remnant illegal alien population. funds and the rest of the federal budget, and would soon be lost. The illegal immigrants are easily ex- that the constitutional amendment should Across the years, both Republicans ploited. They tolerate low pay and poor explicitly forbid using the Social Security and Democrats have been true to these working conditions to avoid being re- trust funds to balance the federal budget. ideals. ported to the INS. Their presence de- Mr. SIMPSON. Mr. President, I sug- Three decades ago, I stood on this presses the pay and working conditions gest the absence of a quorum. floor to manage one of my first bills, of many other Americans in the work The PRESIDING OFFICER. The which became the Immigration Act of force. They compete head-to-head in clerk will call the roll. 1965. I believed strongly then, as I do the job market with Americans just en- The bill clerk proceeded to call the now, that one of the greatest sources of tering the work force and with working roll. our success as a country is that we are American families struggling to make Mr. KENNEDY. Mr. President, I ask a nation of immigrants. And I remain ends meet. unanimous consent that the order for as convinced today as I was then that Part of the answer to this problem is the quorum call be rescinded. immigration under our laws is as bene- the increased support in this bill for

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3282 CONGRESSIONAL RECORD — SENATE April 15, 1996 border patrols in order to prevent the already with the INS reforms, and the munity, to understand what the real entry of illegal aliens. kinds of suggestions that have been in- conditions were. To think that an indi- But jobs are far and away the biggest cluded in the current legislation should vidual who might be able to get out of magnet attracting illegal aliens to the give many of us pause. that oppressive atmosphere with some United States, and we cannot turn off I commend, in particular, Senator false documents, with a very legiti- that magnet at the border. We must do DEWINE, who made a strong case that a mate fear of persecution, and come to more to deny jobs to those who are in 30-day asylum application deadline, the airports of this country and be the country unlawfully. The most real- originally proposed in the legislation, turned away summarily and sent right istic way to turn off the magnet is con- would exclude those who face the back on the next plane, is something tained in the provisions that Senator gravest persecution. They are the ones that I think deserves reevaluation dur- SIMPSON and I sponsored which require who take many months to organize ing the course of this debate. the President to develop new and bet- their affairs, contact an attorney, and PUBLIC ASSISTANCE ter ways of identifying those who are gain the confidence to approach the In addition, the immigration reforms eligible to work in the United States. INS with their painful and tragic sto- in this bill will reduce access to public After 3 years of pilot tests, the Presi- ries. I believe the 1-year deadline assistance by illegal immigrants. Ille- dent is required to present a plan to adopted by the committee is a reason- gal immigrants should have access to Congress for a new approach that will able way to accommodate such human- assistance only in limited situations, deny jobs to illegal immigrants, will be itarian cases. where the public health or similar easy for employers to use, will not The bottom line is that the cases overriding public interest clearly re- cause increased employment discrimi- where there appears to be the greatest quires it. For example, they should nation, and will protect the privacy of validity of the persecution claims—the have emergency medical care, immuni- American citizens. ones involving individuals whose lives zation, treatment for infectious dis- Our provisions state clearly that this would be endangered by a forced return eases. These benefit all, because they system will not involve a national ID to their particular countries—are often relate to the public health and are in card. And our provision provides added the most reluctant to come forward. the public interest. Where the public insurance by requiring that any plan They are individuals who have been, in interest is not served, we should not the President develops must be ap- the most instances, severely per- provide the public assistance to illegal proved by Congress before it can go secuted. They have been brutalized by immigrants. into effect. their own governments. They have an A main issue, however, is how to deal REFUGEES AND ASYLUM inherent reluctance to come forward with public assistance for illegal immi- A further goal for immigration re- and to review their own stories before grant children in public schools. In an form is to provide safe haven for refu- authority figures. Many of them are so extraordinarily unwise and inhumane gees fleeing persecution. We should not traumatized by the kinds of persecu- action, Republicans in the House, at place arbitrary caps on the number of tion and torture that they have under- the urging of Speaker GINGRICH, voted refugees we decide to bring to the gone, they are psychologically unpre- to give States the option to expel such United States for resettlement. The pared to be able to do it. It takes a children from their schools. We all Immigration Subcommittee chose in- great deal of time for them to develop know why illegal immigrants come here. As I have said, the magnet is stead to let this number to continue to any kind of confidence in any kind of jobs. It is ludicrous to argue that any- be set annually, under the terms of the legal or judicial system, after what one would uproot their family, pay ex- Refugee Act of 1980, and in cooperation they have been through, and to muster orbitant sums to a smuggler to cross with other governments. I was pleased the courage to come forward. the border and risk their lives in the to join with Senator GRASSLEY in ad- That conclusion has been reached by a number of those who have been effort, all so their children can attend dressing this issue in the sub- public schools in the United States. studying this particular problem. The committee. A study by the Committee on Illegal We should also oppose arbitrary lim- initial proposal of requiring that there Aliens during the Ford administration its on how long those fleeing persecu- be action taken within 30 days of the concluded that ‘‘the availability of tion can wait before applying for asy- person’s arrival in the United States work and the lack of sanctions for hir- lum after they enter the United States. failed to understand what the real ing illegal aliens is the single most im- The Immigration and Naturalization problem is—and fails to understand the portant incentive for migration.’’ That Service has already made dramatic remarkable progress that INS has has been the conclusion of the Ford ad- progress in addressing the abuses that made in this particular area. ministration, the Jordan Commission, have plagued our asylum system in re- I remain concerned that the so-called the Hesburgh Select Commission on cent years. In the past year alone, the expedited exclusion procedures in the Immigration and Refugee Policy—all number of asylum applications has legislation will cause us to turn away have found that the magnet is jobs. dropped by 57 percent. true refugees. Under this procedure, That is what we ought to focus on. Mr. President, this chart indicates when a refugee arrives at a U.S. airport That is where we ought to give our at- what progress has been made in the with false documents and requests asy- tention. very recent years. Going back to 1994: lum, that person can be turned away As I indicated, this finding was con- asylum claims, 120,000; the completed immediately if the INS officer believes firmed by the Hesburgh Commission in cases, 60,000. the person does not have a credible 1981, and again more recently by the This year, in 1995, INS received 53,000 claim. There is no hearing, no access to Jordan Commission, which found that new asylum claims and completed counsel, not even a requirement for an ‘‘employment opportunity is com- 126,000 cases. This is as a result of a va- interpreter. monly viewed as the principal magnet riety of different, very constructive ac- If it were not for the courageous ef- which draws illegal aliens to the tions that have been taken by the INS. forts of Raoul Wallenberg in providing United States.’’ The blue line represents those com- false documents to Jews fleeing Nazi We are making steady progress in pleted cases. The red lines represent Germany during World War II, many finding new and better ways of denying the new claims. So, clearly we see the thousands of persecuted refugees would jobs to illegal immigrants. It is a seri- asylum claims decline by 57 percent as have had no means of escape. This pro- ous mistake, and hypocritical, for Re- productivity doubles in 1995. Clearly we vision runs the risk of turning away all publicans in Congress to oppose or are making important progress in this those whom the Raoul Wallenbergs of weaken this bill’s requirement on em- area. It has been as a result of a great the future seek to assist. ployers, who are at the heart of the deal of time consuming, exacting, hard All we have to do is review the recent problem, and then punish innocent work that has been initiated by the history in El Salvador and Nicaragua, children, who are not the problem, by INS. Enormous progress has been and be reminded of some of the egre- expelling them from school. So, I urge made. gious kinds of circumstances have been the Senate to reject the Speaker’s at- We will hear this issue debated. It revealed here in the last week or 10 tempt to make Uncle Sam the bully in seems to me we are on the right track days by members of the religious com- the schoolyard.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3283 That kind of policy is not only cold will have a vote on legal immigration grants who come here under our laws and cruel, it is also shortsighted and matters later in the debate. I plan to and play by the rules can get this as- counterproductive. It may cost money oppose such a move. We must not allow sistance only after they go through the for those children to attend school. our rightful concerns about illegal im- complicated deeming process. That But, if they do not, society will end up migration to create an unwarranted gives illegal aliens a benefit that legal paying for it in other ways. Police will backlash against legal immigrants who immigrants cannot receive. It is unfair, have major new crime problems on enter under our laws, play by the rules, and I intend to offer an amendment to their hands from children out of school raise their families, pay their taxes, correct this injustice. and on the streets and into gangs. and contribute to our communities. I am also concerned with the denial Teachers will have to start checking Combining these issues in a single bill of Medicaid to legal immigrants unless the papers of all pupils, whether they creates precisely that unacceptable they overcome the deeming hurdle. As are citizens or not. Before starting possibility. Addressing these matters a practical matter, deeming means school each year, children across separately does not mean deferring that virtually no legal immigrant will America would be required to bring legal immigration reforms indefinitely. get Medicaid assistance. Experience documents to school to prove they are Reforms are required in legal immigra- has shown that deeming is very effec- American citizens or legal immigrants. tion. It is my hope that we can address tive in denying access to public assist- All across America, teachers will them soon, but separately. ance programs. I am particularly con- have to learn to distinguish between SAFETY NET FOR LEGAL IMMIGRANTS cerned that this will hurt children and the new green card and the old invalid In fact, this bill does contain certain expectant mothers. ones. They must know what refugee provisions relating to legal immigra- I also believe legal immigrants who documents, passports and valid Social tion, and I voted against the entire bill have served in our Armed Forces Security cards look like. in the committee because of these pro- should also have a Medicaid safety net School administrators and police visions. They go too far in denying a for their families in hard times. have already spoken strongly against safety net to legal immigrants. These this proposal. They are the ones who legal immigrants enter under our laws, Legal immigrants can join the Armed must deal with the crime and other so- play by the rules, pay taxes, contribute Forces. We have over 20,000 legal immi- cial problems that will inevitably de- to our communities and also serve in grants in the Armed Forces today. velop. the armed services. They deserve a That young person, who might not What we are basically doing is re- safety net when they fall on hard have been able to get into college, quiring our schoolteachers, in many times. comes back from Bosnia and wants to different school districts, to turn into The record is very complete, Mr. go to college and then makes an appli- police officers and truant officers. President, that those who are the legal cation and goes to that college and Teachers are there to teach children. immigrants do not have a greater de- gets a Pell grant for 1 year—for 1 year. They have enough challenges to face pendency in terms of these supportive And then that young person graduates. every day without adding this burden programs than Americans, with the ex- He might have been a 19- or 20-year-old to them. Now, to put the burden on ception of the SSI Program for the el- kid that for 1 year took the Pell grant. every one of these schoolteachers to derly. But in these other areas, I can And as a result of that single action, become truant officers, and effectively give as many studies that demonstrate for the rest of his life, he is subject to policemen, is unacceptable public pol- that legal immigrants make greater deportation—immediate deportation. icy. contributions—in terms of paying This could occur even after he had The case has been made by the law taxes, by participating in the commu- served honorably in the Armed Forces. enforcement officials, who say you are nity, by payroll taxes, by sales taxes, There may be a lot of heat about either going to pay one way or the by all of the other factors—than they doing something about illegal immi- other. You are going to pay for the stu- absorb from the system. If we need to, gration, Mr. President, but that is one dents who are going to the schools or we will have an opportunity to exam- of the most extraordinary positions for you are going to pay for it in terms of ine the various studies when we come this country to take. We have a Volun- crime and a host of other social prob- to the particular amendments. But I do teer Army, certainly now, but when we lems if they do not go to school. believe the legal immigrants deserve a did not have a Volunteer Army, we had You can imagine, too, Mr. President, safety net when they fall on hard the draft. Legal immigrants are subject a mother who comes over to this coun- times, and I support the provisions in to the draft. Some had gone to Viet- try with a child who is a toddler. She this bill to make sponsors more ac- nam. A number of them were actually brings the child here, then has a baby countable for the immigrants that they killed. Now we are saying if, at any here in the United States who is an sponsor. time in the future, they have any par- American citizen. That American cit- Senator SIMPSON is right not to ban ticular need, in order to get a benefit, izen child goes to the school and his legal immigrants from any program. they are going to have the deeming older brother or sister, who is an ille- Instead, the bill’s deeming provisions process for the purposes of that par- gal immigrant, does not. That child is count the immigrant sponsor’s income ticular program. out on the street. That is a wonderful as part of the immigrant’s own income That is going to be true with regard situation, which we are going to abso- in determining whether the immigrant to the Stafford loans as well. These are lutely face in this kind of proposal. meets the eligibility guidelines for programs that are repaid. These are The parents would not leave America public assistance. For the first time, not considered to be welfare programs. just because their children cannot go however, the deeming provision would They are education programs. We will to school. The parents have no choice. be broadened by the bill to apply to come back to that issue later in the They came here because they could not every means-tested program. discussion. These are matters that find work at home and they will not go Under the current law, deeming ap- need attention and focus and amend- away as long as they can get away with plies only to SSI, AFDC, and food ments. working here illegally and I urge the stamps. But under this bill deeming Senate to reject any such cruel and would apply to scores of other pro- FAMILY IMMIGRATION mindless attempt to punish the chil- grams including school lunches, home- Our immigration laws must continue dren for the sins of the parents. less shelters, community clinics, and to honor the reunification of families. I CONSIDERING ILLEGAL AND LEGAL IMMIGRATION even one of the most important means agree it is necessary and appropriate to SEPARATELY of protecting the public health, the reduce the number of legal immigrants In general, this bill does not address Medicaid Program. Under this bill, ille- coming to the United States each year. the issues of legal immigration. The gal immigrants get emergency Med- Obviously, the door is only partly open Senate Judiciary Committee voted 12 icaid, immunization, treatment of now and can fairly be closed a little to 6 to consider those issues separately communicable diseases, disaster assist- more without violating the Nation’s and the House of Representatives voted ance, and certain other types of aid— basic ideals of our immigrant heritage 238-to-183 to do the same. I expect we no questions asked. But legal immi- and history.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3284 CONGRESSIONAL RECORD — SENATE April 15, 1996 But in achieving such reductions, we not your mother. We want you to help ing. Yet under the immigration laws, must keep certain fundamental prin- us rebuild our inner cities and cure dis- we admit hundreds of thousands of for- ciples in mind. We must continue to re- eases, but we do not want your grand- eign workers for so-called temporary unite families. We must remain com- children. We want your family values, jobs which are defined in the immigra- mitted especially to the reunification but not your families.’’ I urge the Sen- tion laws as jobs that can last up to 6 of immediate family members. Spouses ate to reject this hypocrisy and treat years. and minor children and parents should immigrant families fairly. As working families in America try be together. DIVERSITY IMMIGRATION to put food on the table, employers are I also believe our citizens should Mr. President, reforms in legal immi- bringing in hundreds of thousands of have the ability to bring their adult gration also must retain the diversity foreign workers into good, middle-class brothers and sisters to America. We program established in the Immigra- jobs. Yet in most cases they are not should act to reduce the troubling tion Act of 1990. This small but impor- even required to offer the jobs to Amer- backlogs that have kept husbands, tant program provides visas to coun- icans first. We understand that they wives and children separated for many tries that have low immigration to the are bringing in the foreign workers years. United States and are shortchanged by from overseas without even the re- The Judiciary Committee adopted an our immigration laws. A number of quirement to offer those jobs to Ameri- amendment, which Senator ABRAHAM countries made good use of this pro- cans first. and I proposed, to reduce overall legal gram in the past 6 years. These coun- As American workers become in- immigration, to establish new prior- tries otherwise would have little or no creasingly concerned about job secu- ities for family-based immigration. Our immigration to the United States, such rity and putting their children through proposal would make visas available to as Poland, South Africa, and Ireland. college, it is perfectly legal under the more distant family members only if The Judiciary Committee agreed to re- immigration laws for employers to lay the more immediate family categories tain the program, but reduced the off qualified American workers and re- do not need them. For example, broth- number of visas available each year place them with foreign workers and ers and sisters would not get visas as from 55,000 to 27,000. offer them a lower wage. long as there are backlogs of spouses PROTECTING AMERICAN WORKERS A new study released last Friday by and children. Increasingly, Mr. President, in recent the Labor Department’s inspector gen- In this way, we address the concern years we have come to realize that our eral proves that the current means of raised by many about chain migration, immigration laws do not adequately protecting American workers under the the ability of a citizen to bring in a protect working families in America. immigration law simply do not work. brother, who in turn brings in his wife Reforms are urgently needed here. I in- Charles Masten, the inspector general, and children. Once his wife is a citizen, tend to offer them at the appropriate reported to Labor Secretary Reich: she can then bring in her parents and time. In spite of the net creation of The programs do not protect U.S. workers’ other family members, and there is an more than 8 million new jobs in the jobs or wages from foreign labor. Moreover, endless chain of immigration. We economy over the past 3 years, and in we found [that the] Department of Labor’s role under the current program design ought to address that issue. spite of continued low unemployment amounts to little more than a paper shuffle We believe the amendment that was and inflation, and in spite of steady for the program and a rubber stamping of ap- accepted by the Judiciary Committee economic growth—job dislocations and plications. We believe program changes must recognizes the important recommenda- stagnant family income are leaving be made to ensure that U.S. workers’ jobs tions by the Jordan Commission that millions of American working families are protected and that their wage levels are said give focus and attention to the im- anxious and unsettled about their fu- not eroded by foreign labor. mediate families. We have done that. ture. The report of the inspector general is We have defined that in a way that we Since 1973, real family income has astounding. He found that 98.7 percent think also includes clearing up of the fallen 60 percent for all Americans. of workers whom employers are sup- backlog before there can be any consid- More than 9 million workers perma- posedly bringing into the United States eration of reunification by the brothers nently lost their jobs from 1991 to 1993. are in fact already here. So when em- and sisters. Even as new jobs are created, other ployers go through the charade of try- The Kennedy–Abraham proposal jobs have been steadily disappearing at ing to recruit Americans first, the for- solves the problem of family categories the rate of about 3 million a year since eign worker is already here 98 percent that create these chains. These are cat- 1992. of the time. And 74 percent of those egories that Senator SIMPSON proposed In the defense sector alone, more foreign workers were already on the for total elimination. Our proposal than 2 million jobs have been lost since employers’ payroll at the time the em- says that these categories remain, but the end of the cold war. About 70 per- ployer was supposedly required to re- they get visas only if the closer family cent of laid-off workers find another cruit for American workers first. Do we categories do not need them. And our job, but only a third end up in equally understand that? So 74 percent of the proposal reduces the level of legal im- paying or better jobs. What we are wit- foreign workers were already on the migration below current law. nessing is a wholesale slide toward the employers’ payroll at the time the em- After the committee’s adoption of bottom for the American worker. Ac- ployer was supposedly required to re- the Kennedy–Abraham amendment, the cording to Fortune Magazine, the per- cruit for American workers first. Immigration and Naturalization Serv- centage of workers who said their job Among workers that employers spon- ice released higher projections of the security was good or very good de- sor as immigrants, 10 percent never number of family immigrants expected clined from 75 percent in the early worked for the sponsoring employer. to enter this country over the next few 1980’s, to 51 percent in the early 1990’s. Once they got their green card, they years. Even under these new projec- In a 1994 survey of more than 350,000 immediately went to work for someone tions, our amendment reduces the total American workers, the International else. Of those who did actually work immigration below current law. How- Survey Research Corp. found that 44 for the sponsoring employer, fully one- ever, we will modify our proposal to percent of American workers fear they third left the job within 1 year. In ef- provide added insurance that it does may be fired or laid off. In 1990, the fig- fectively 60 percent of the cases, em- fall below the current law. ure was only 20 percent. ployers do not even bother to fill the Mr. President, some in this debate For the first time ever there are job again once the immigrant leaves. will praise the contributions of immi- more unemployed white-collar workers In most cases in which the employer grants with one breath and then pro- than blue-collar workers in America. does refill the job, an American is hired pose to slash family immigration in Yet most of the foreign workers who 75 percent of the time. the next breath. come in today under our immigration These figures prove that the jobs are They say, ‘‘We want your skills and laws are for white-collar jobs. With offered as a sham to get a particular ingenuity, but leave your brothers and corporate downsizing and outsourcing, immigrant a green card once they go sisters behind. We want your commit- a quarter of the American work force is through this hocus-pocus. That is a ment to freedom and democracy, but dependent on temporary jobs for a liv- sham. They already have the worker in

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3285 place. As I will point out later, only 5 years allowed, they want to be here theless, we have heard the power of Americans out of 28,000 that have ap- permanently, so they ask their em- many of the business interests who plied for these jobs, if they were basi- ployer, ‘‘Look, I’ve been 6 years in my said, ‘‘Do not tamper with that par- cally offered them, have ever gotten job. Will you go for one of the perma- ticular provision. Do not tamper with the job. So they are filled with foreign nent ones for me?’’ The employer says, it because it will effectively stop our workers. There is a reasonable chance ‘‘OK. I know you have worked for us. I economy.’’ that they have fired American workers will make that application.’’ Once they Mr. President, we ought to look and previously. get it, they get the green card and go see that today under the more recent Then once those workers are working out the door. studies that have been done all indi- and have gone through this process, That is effectively what is happening. cate that with the exception of that they leave. They leave the employ- It is a sham protection, something very small group of the best and ment, and then the employer goes out which is absolutely wrong and has to brightest—that amounts to about and gets somebody else. It is basically be redressed. 20,000, which includes their families— a sham. It places American workers at Now, Mr. President, I want to just we really do not need the sham recruit- an enormous disadvantage. The inspec- take a moment of the time of the Sen- ment requirement that is in current tor general says that over the period of ate to really get into where we are on law. We certainly ought to establish a his audit, the employment service re- these issues of the permanent work way to make sure that we will ask and ferred 28,000 U.S. workers for inter- force and the temporary work force. find out if there are Americans ready, views for 10,000 jobs that employers This chart shows the permanent work willing, and able to do this job before wanted to give to immigrants, and only force, the provision that said we need we bring in the foreign workers. five U.S. workers got the jobs. That is to open up the work force to let these Now, Mr. President, looking at the outrageous. These figures apply to the best and the brightest come on into the other provision, where we talk about category of ‘‘permanent immigrant United States of America. I remember the temporary workers—the alleged workers.’’ that debate very clearly here. I believe temporary worker provision; 65,000 can But the inspector general also found it was the Senator from Pennsylvania, come in each year under the immigra- rampant abuse of American workers in Senator SPECTER, who offered it at tion law. This chart gives an idea, in the temporary worker program. There that time as part of the Immigration the black, which are the temporary are two programs, Mr. President. There Act of 1990. workers, of the salaries they make. is the permanent program, where we The Department of Labor did surveys Look at the salaries they are making. have the authorization of up to 140,000 of which industry employees could help If you take the two columns together, of what will be called the best and the energize the American economy at that which is about 85 or 90 percent of all of brightest. I am going to come back to time. Those would be individuals who, the workers that come on in here as that. A more modest figure was ap- when placed in a particular industry, the temporaries, they are making less could multiply jobs because they were than $50,000. proved here in 1990, but came out of the the best minds, and had special train- Where are all the geniuses? Where conference at the 140,000. are the Albert Einsteins that keep Some of those entering—for example, ing and ability, and could add that spe- coming in here? Where are all of these the Nobel laureate types—really are cial kind of insight, expertise, knowl- people, when close to 90 percent of the best and the brightest. They can edge, and creativity to expand employ- them are making less than $50,000? It is come into the United States without ment. It was perceived at that time, only the small numbers that come in any requirement by the employer to re- according to the National Science Foundation, that we were going to up at this level that are the ablest and cruit U.S. workers first. That is defined have critical shortages of scientists most gifted, the ones that really pro- currently into law. I support that pro- during that period of time. That is why vide the impetus in terms of the Amer- gram. ican economy. They ought to be able to All other permanent employment- Congress adopted the 140,000 number. Now, looking at who has been in- come on in to this country and provide based immigrants have go through the cluded under the ‘‘Best and the Bright- their skills. labor certification process—a proce- est’’ under this chart. As this chart re- Mr. President, when we get down to dure of reaching out to American veals, very few are actually the best it, we find that the great numbers are workers. and brightest—the Nobel Laureate- basically white-collar kinds of jobs— That whole process is a sham. That type or some unique type of academi- $50,000—that is a good salary. And they whole process is a sham. That is what cian or expert. These are let in without are effectively displacing the Ameri- the IG report has pointed out—that 97 labor screening. cans from these solid, good, middle- percent of the workers are already in The rest are let in here through the class jobs. their jobs and that they have been sham process of requiring employers to Mr. President, let us look now at who working there already for some period recruit U.S. workers first. is coming in under the temporary of time. Out of 28,000 applications, only We took the time to go and see who worker program. These are individuals 5 Americans got the job. And once the these are. It is very interesting who where all the employer has to say is foreign workers get their permanent they are: 12.9 percent are cooks; 10 per- that the individual coming over has status, they can then leave because cent are engineers on this chart; pro- completed college or had 2 years of ex- they effectively have their work per- fessors, 7.3 percent; also includes ac- perience, and the employers provide mit, their green card. They can go for countants and auditors, auto repair, what are called ‘‘attestations’’ that some other job. It is a revolving door. tailors, jewelers. The area of ‘‘com- they will pay them a reasonable wage. It is a sham in terms of protecting puter-related’’ is 17.8 percent; 31 per- These are the temporaries. Half of American workers. cent are all less than 1 percent of those them are physical therapists. Mr. The second program is for what is coming in here. President, 50 percent of them are phys- called the temporary workers. Up to Mr. President, we have seen, as most ical therapists. It was true that we had 65,000 come in each year, though the recently the National Science Founda- a shortage of physical therapists at one number varies from year to year. For tion has pointed out, the figures of 6 or time. But our labor market is recov- those individuals to enter—all we need 8 years ago, having shortages in var- ering now. is an employer to say that this indi- ious skills, they now find did not come Mr. President, 23 percent are com- vidual has either the equivalent of a about. Today, we have 60,000 qualified puter-related. The rest fall into a wide college education or 2 years of work ex- unemployed American engineers. Yet variety of different categories. perience. They do not have to go out or about 6,000 foreign engineers came in Mr. President, when we have 50 per- even go through the process to try to as immigrants. We have 60,000 Ameri- cent in this program who are physical get American workers. Once they are cans who are qualified for that posi- therapists when so many community in there, they can be in there for 6 tion. They are never given the oppor- colleges and other fine schools and years. That is a temporary job. What tunity to really try for that position. State universities are producing them happens is they come in on a tem- What is wrong with American work- today, individuals who want and de- porary worker visa, they stay for the 6 ers? What is wrong with those? None- serve to be able to have a crack at the

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3286 CONGRESSIONAL RECORD — SENATE April 15, 1996 job, and we are bringing that kind of ican workers and the fact that it real- of time, we must assure that the U.S. percentage in here, it does not make ly, when we look behind the curtain of worker has a fair opportunity to obtain sense. It does not make sense, Mr. these programs, you find out there are that training and get that job. President. We are effectively denying good jobs that Americans are qualified Fourth, and more generally, we must good, decent jobs to Americans that for and that they deserve. give U.S. workers a better chance at want to work, can work, have the There are two, and only two, legiti- getting high-wage, high-skill jobs, skills to be able to work, so that oth- mate bases for employment-based im- without shutting off the safety valve of ers—foreigners—can come in. migration. access to foreign labor markets that What happens, Mr. President, is that First, it can bring the world’s best some employers may need to meet de- those who come in under this program and brightest into our country to cre- mands that U.S. workers cannot supply that I just mentioned here, the H–1 ate jobs and improve our competitive in sufficient quantity or with sufficient Program, are exploited. Why? Because position. We should welcome legiti- speed. they cannot leave the job that they are mate scientists, legitimate business THE PERMANENT IMMIGRANT WORKER PROGRAM on. If they leave, they are illegal. So leaders, legitimate artists and per- There are two ways for employers to once they sign up, they are stuck with formers without hesitation. They en- obtain foreign workers for jobs in the that employer for the whole 6 years, hance our economy, create jobs for United States. The workers can be ad- with no guarantee that they will have U.S. workers, enrich our cultural life, mitted permanently and become lawful to receive any level of wages. Once you and strengthen our society. permanent residents through the per- bring that person in, you can lower Second, employment-based immigra- manent immigrant worker program. their wage—absolutely lower their tion can meet skills shortages that Or, they can be admitted temporarily wage—and get away with it. You can arise in a growing economy, particu- through one of several temporary, or deny them any benefits at all. larly an economy like ours that relies nonimmigrant, worker programs. What we will hear from the other heavily on scientific and technological Under current law, 140,000 foreign side is that there can be an investiga- innovation for its growth and success. workers can be admitted into the tion of their conditions on being ex- In certain circumstances, an employ- United States each year through the ploited. The only thing you have to do er’s demand for skills cannot be met Permanent Immigrant Worker pro- is get a complaint from someone. Well, with sufficient speed or in adequate gram. These workers can run the who in the world is ever going to com- quantity by U.S. workers. In these cir- gamut in skills from the most ad- plain when they know once they com- cumstances, foreign workers can fill vanced Nobel Prize scientist to un- plain they can be thrown out of the the skills gap, while the domestic labor skilled housekeepers and busboys. country? Under the Republican pro- market and the education and job One of the most significant changes posal, the Department of Labor cannot training system adjust to the rising de- we made in our system of legal immi- interfere even if they have reason to mand for workers with new or different gration in 1990—the last time we at- believe there is exploitation on this, skills. tempted to reform employment-based unless they receive a complaint. Any- Clearly, there are legitimate pur- immigration—was to increase by near- thing else has been prohibited under poses for employment-based immigra- ly threefold the numerical ceiling on the Republican proposal. tion. But we must also recognize that employment-based immigrants. The Mr. President, this is a matter, I be- allowing employers to bring in foreign number rose from 54,000 to 140,000 each lieve, of importance and consequence workers has an adverse effect on U.S. year, and the changes also favored to working families. These are impor- workers. Remaining globally competi- higher skilled immigrants. We did so tant jobs where Americans are avail- tive should never mean driving down because of dire warnings of serious able. In each of these categories, ex- the wages of U.S. workers and increas- high-skill labor shortages that we were cept at the very top level of immigra- ing their growing sense of insecurity in all concerned would harm our eco- tion, there are more than enough the workplace. nomic growth, global competitiveness, Americans who are available for those Instead, in reforming the employ- and our potential to create high-skill, jobs, and who want those jobs. Those ment-based immigration programs, we high-wage jobs for U.S. workers. are good jobs. Still, we find that they must assure that U.S. workers have a But these labor shortages never de- are unable to compete. I think that is fair opportunity to get and keep good veloped. In fact, actual use of the em- wrong. jobs and raise their family incomes. ployment-based immigrant program No piece of legislation ought to go Four changes in the current system are for skilled workers has never come through here that has that kind of de- needed to give U.S. workers this assur- close to reaching the new ceiling level, pressing effect on wages, because, as I ance of fairness and opportunity. and it has declined in the last 2 years. mentioned before, once someone enters First, we must protect U.S. workers The closest we came to the ceiling was under the H–1B program, they can who already have good jobs from being in 1993 when nearly 27,000 visas were drive the wages right down. They can laid off and replaced with foreign work- used for Chinese students under the replace American workers. Once em- ers. With all the talk of job insecurity, now-expired Chinese Student Protec- ployers get the foreign worker in, they corporate and defense downsizing, and tion Act. Another 10,000 visas were used can drive the wages down, which they stagnant family income, working fami- for unskilled workers. more often do than not. We have had lies have a right to know that the im- Use of the employment-based immi- testimony in our Subcommittee that migration laws are not being abused to grant program for skilled workers and supports that. We had the testimony of take away their jobs. unskilled workers over the last 5 years a small businessman down in southern Second, we must give U.S. workers has been well below the ceiling. In 1993, Texas that supplied workers for a num- who have the skills and are willing, we admitted a total of 110,130. In 1994, ber of companies in Texas who came up available, and qualified for these jobs a we admitted 92,604, a 16-percent reduc- and asked him to replace his American fair opportunity to be recruited for tion from the previous year. In 1995, we workers with foreign workers in order those jobs. Maintaining a strong and admitted 73,239, a 21 percent reduction to drive his costs down. It is absolutely growing economy requires that U.S. from the previous year. In sum, the wrong. We will have a chance on this workers obtain the training they need numbers are well below the cap, and legislation to work it through. to merit global competition, and that they have also been declining in each I see others that want to speak on they have a fair opportunity to use of the past several years. the measure. Let me move toward a their skills in high-wage, high-skill At a time when we are seeking mod- final item. Mr. President, with regard jobs. We cannot expect working fami- erate reductions in legal immigration to the employment programs, as I men- lies to improve their economic status if and reducing the visas available for re- tioned before, both the IG from the we post ‘‘Road Closed’’ signs on the unifying families, we should also be re- Labor Department and the testimony road to higher standards of living. ducing the employment-based immi- is really quite complete. This is an Third, when a job can be filled by a gration—especially when the positions area that ought to be addressed be- U.S. worker with a reasonable amount are not being used and the trend-line is cause of its impact in terms of Amer- of training within a reasonable period down. It is not fair that the whole

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3287 weight of the reductions in the number the best and brightest. They are skilled immigrant for administrative, paper- of legal immigrants should be borne by workers, workers with advanced de- work, and legal costs. families and diversity immigrants. grees or baccalaureate degrees. Under To bring in these skilled immigrants, Reducing the ceiling on employment- current law, up to 10,000 of them can be an employer must demonstrate that it based immigration is not the same as unskilled workers. was unsuccessful in finding a qualified cutting employment-based immigra- There is no reason for employers in U.S. worker to do the job, and that the tion. In fact, the reform I intend to this country to bring in unskilled im- job will pay at least the locally pre- propose—adjusting the cap on employ- migrant workers. There is an abun- vailing wage. Any employer who uses ment-based immigration from 140,000 dance, even an overabundance, of un- this employment-based immigration to 100,000—would allow actual employ- skilled U.S. workers looking for work. system will tell you that it takes a ment-based immigration to grow by The Judiciary Committee supported long time and an excessive amount of one-third in future years—from 75,000 my amendment almost unanimously to documentation. in 1995 to 100,000. Under current law delete the unskilled category from the The basic problem with this labor and the pending bill, the program permanent immigrant worker program. certification system is not that it is would nearly double in size. Plainly, unskilled immigrants do not expensive and time consuming, but It is clear that we went too far in 1990 fit into either of the two categories of that it does not assure that able, avail- when we increased the ceiling on em- workers who should be welcomed into able, willing, and qualified U.S. work- ployment-based immigration to 140,000. our country—the best and brightest ers get the jobs. In fact, there is very The three-fold increase was not needed and workers needed to fill skills short- little genuine recruitment. and has not been approached by actual ages. Consider the case of Tony Rosaci and use. We should pare it back to the more Apart from unskilled workers, the the members of his local union. Tony is reasonable number of 100,000, as rec- immigrants subject to labor certifi- the secretary-treasurer of Iron Workers ommended by the Jordan Commission cation are professionals with advanced Local Union No. 455 in New York City. and the Clinton administration. That degrees, professionals with bacca- The members of this local union helped line still allows reasonable growth in laureate degrees, and skilled workers. build New York. They were the back- this category, and it also protects our They may be needed to satisfy skill bone of the effort to rehabilitate the Statue of Liberty. But when well-quali- national interest in economic growth, shortages. But employers may also put fied members of the local union re- global competitiveness, and domestic these workers in competition with sponded to more than 65 help wanted job creation. thousands of U.S. workers for jobs that But immigration is about a great could be filled from the domestic work ads placed in New York newspapers by employers seeking permanent immi- deal more than numbers. It is fun- force. grant workers, they were rejected each damentally about people. When we con- Employers use these permanent im- time in favor of foreign workers. There sider employment-based immigration, migrant workers to fill many posi- were 65 referrals of qualified U.S. work- we must have a clear understanding of tions—cooks, computer programmers, engineers of all types, teachers, retail ers, and 65 rejections. the kind of people we are admitting to The story of Tony Rosaci’s union and wholesale managers, accountants our country and what skills and abili- members is not the exception. The and auditors, biologists, auto repair ties they are bringing in with them. Labor Department inspector general Under current law, we divide perma- mechanics, university professors, and found that in all of the cases where em- tailors. nent immigrant workers into two cat- ployers complete the labor certifi- One useful measure of the skill level egories: immigrants who are subject to cation process, their recruitment ef- of these workers is their salaries. Em- labor certification and immigrants who forts do not result in a U.S. worker ployers tell the Labor Department how can be admitted without labor certifi- getting the job in 99.98 percent of the much they plan to pay the skilled im- cation. cases—99.98 percent. That means a U.S. migrants they are seeking. Eighty per- Labor certification is supposed to worker gets hired only 1 in 5,000 times. cent of the jobs for foreign workers serve as a requirement that employers The system isn’t working. It is badly subject to labor certification pay first recruit U.S. workers for a job, be- broken. fore seeking immigrant workers. Some $50,000 a year or less. Fewer than 3 per- U.S. workers do not have a fair op- workers are so exceptional that we cent of these jobs pay $80,000 or more. portunity to get these jobs because, in should admit them regardless of the A small number of employers use this the overwhelming majority of cases, state of the domestic labor market. employment-based immigration pro- there is already a foreign temporary But employers should be permitted to gram to seek out the best and bright- worker in the job who is trying to ad- obtain other foreign workers only if no est, but it is clearly the exception, not just to permanent status. The image U.S. workers with similar skills are the rule. A large number of working that we all have of foreign workers willing, available, and qualified for the families in Massachusetts and across waiting in their home countries until jobs into which the immigrant workers the United States would be gratified to they are admitted to the United States will be placed. have an opportunity to earn $50,000 a under the employment-based immigra- Those who are not subject to labor year working in computer program- tion system is a fallacy. certification fit into the best and ming. It is vitally important that we In 1994, 42 percent of labor certified brightest category. In 1995, the cat- make certain that employers use this workers who gained permanent admis- egory included 1,200 aliens of extraor- immigration program only to fill jobs sion came directly from the temporary dinary ability, including recipients of for which qualified U.S. workers are worker program. Some unknown addi- major honors, great commercial suc- not available. tional number are either working ille- cess, or leadership positions in their We must have a labor certification gally for their employer, or simply field; more than 1,600 outstanding pro- process which actually results in em- leave the country for a short period of fessors and researchers; almost 4,000 ployers successfully recruiting U.S. time to expedite their application for multinational executives and man- workers for these skilled jobs. At permanent admission to the United agers; and almost 3,000 special immi- present, the Department of Labor cer- States. grants, who are primarily outstanding tifies an employer’s application for an The Labor Department estimates clerics. immigrant worker based on a complex, that as many as 90 percent or more of The best and brightest are the job labor-intensive, and expensive the foreign workers admitted perma- creators, men and women whose con- preadmission screening system. The nently to the United States have tributions to our country will undoubt- current system does not and cannot as- worked for the same employer who is edly be dramatic and substantial. We sure that the conditions required for helping the worker adjust to perma- should welcome them without hesi- certification are actually achieved nent status. Simply put, U.S. workers tation. Current law permits it, and when the immigrant worker is em- cannot get these jobs, because foreign should remain unchanged. ployed. The Commission on Immigra- temporary workers or illegally em- The workers subject to labor certifi- tion Reform estimated that labor cer- ployed foreign workers are already in cation, on the other hand, are rarely tification costs employers $10,000 per these jobs.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3288 CONGRESSIONAL RECORD — SENATE April 15, 1996 Employers use the labor certification keep such workers in the United States Over my objections and those of system to make it look as though they for up to 6 years. Thus, there can be al- many other Democratic Members, the are engaging in genuine recruitment. most 400,000 H–1B workers in the Judiciary Committee stripped out In reality, they intend all along to United States at one time. many sensible reforms to the employ- keep the foreign workers who are al- The program was originally con- ment-based programs. The Judiciary ready working for them. Employers ceived as a means to meet employers’ Committee then made changes for for- frequently create position descriptions temporary needs for unique, highly eign temporary professional workers. for which only the incumbent worker skilled professionals. But many em- The changes were touted by their spon- can qualify. As a result, referrals of ployers use the program to bring into sors as providing layoff protection to well-qualified U.S. workers in response the United States relatively large num- American workers, and as giving the to advertisements for these jobs—the bers of foreign temporary workers with Department of Labor latitude in inves- humiliating experience shared by the little or no formal training beyond a 4- tigating companies that rely on tem- members of Tony Rosaci’s local union year college degree. The typical foreign porary foreign workers. and thousands of other U.S. workers— temporary worker is not a one-of-a- The current bill does neither of these waste everyone’s time and add insult kind professor or a Ph.D. engineer as things. In fact, anyone who looks care- to injury for U.S. workers. some news stories suggest and the busi- fully at the current bill will conclude This system is a sham. It must be ness lobby would have us believe. that it does just the opposite. changed to give U.S. workers the fair For fiscal year 1994, employers’ appli- S. 1665 embraces the agenda of cor- opportunity they deserve to get these cations for health care therapists—pri- porate America at the expense of high-wage, high-skill jobs, and assure marily physical therapists and occupa- American workers. The changes in the tional therapists—accounted for one- the public that the employment-based H–1B Program would have the overall half—49.9 percent—of all H–1B jobs. immigration system serves its stated effect of further weakening protections Computer-related occupations ac- purpose. for U.S. workers from unfair competi- counted for almost one-quarter—23.9 U.S. workers deserve a fair and gen- tion with foreign workers, even though percent—of these jobs. As with the per- uine opportunity to get and keep high- the protections in the existing program manent program, wage data from H–1B wage, high-skill jobs before they are are already demonstrably inadequate. applications indicate that almost two- filled by the foreign temporary workers Current law does not require U.S. em- thirds—65 percent—of H–1B jobs pay who will later become permanent im- ployers to recruit in the domestic labor $40,000 or less, and almost 3 out of 4— migrant workers. The best opportunity market first, nor does it prohibit em- 75 percent—jobs pay $50,000 or less. for U.S. workers to get these good jobs Under current law, there is no obliga- ployers from hiring foreign workers to is at the front end of employment- tion for employers to try to recruit replace laid off U.S. workers in the based immigration—before foreign qualified U.S. workers for these jobs. same job. temporary workers fill the vacancy. The only thing the employer must do is To the contrary, S. 1665 provides no To achieve this goal, we must reform submit a one-page form. Employers protection from employers who fire the temporary worker program—the must give the title of the job, the sal- U.S. workers and hire foreign workers. principal path through which foreign ary they intend to pay, and attest to In fact, S. 1665 is an endorsement of skilled workers are admitted to the four facts: First, they will pay the laying off U.S. workers in favor of for- United States. We must add a require- higher of the actual wage paid to simi- eign workers. We must strengthen cur- ment that employers recruit U.S. larly employed workers or the pre- rent law to stop this from happening— workers, before the jobs can be filled vailing wage; second, they are not the not weaken current law and invite it to with foreign temporary workers. subject of a strike or lockout; third, happen more. But we must also change the perma- they have posted the requisite notice The failure to protect U.S. workers nent program. Instead of requiring the for their U.S. workers; and fourth, the from layoffs is not the only area in Department of Labor to conduct mean- working conditions of similarly em- which this bill fails to protect U.S. ingless labor certification for every ployed U.S. workers will not be ad- workers. If S. 1665 becomes law existing employer, the Department’s Employ- versely affected. worker protections would not apply to ment Service should instead target its This form is the only requirement. the large majority of employers who enforcement to the employers most No other documentation is required of use the H–1B program; likely to present a problem. In this the employer. Current law gives the Employers would be subject to lower way, employers who play by the rules Labor Department 7 days to review wage payment requirements for foreign or who are not in a problem industry these one-page forms, and prohibits the workers; and, would not be subjected to labor certifi- Department from rejecting the forms The Labor Department’s enforcement cation. Employers who seek to adjust a unless they are incomplete or have ob- ability to protect U.S. workers and for- worker’s status from temporary to per- vious inaccuracies. In simple terms, eign workers would be sharply cur- manent, and who demonstrate that the H–1B Program is an open door for tailed. they engaged in a bona fide but unsuc- 65,000 skilled foreign workers to enter In sum, the bill goes in exactly the cessful recruitment effort before filling the United States each year. wrong direction by making an already the job with a foreign temporary work- This is one reason why Americans troublesome H–1B program even worse. er, would not be required to go through are so cynical about our immigration Instead, we need genuine reform of labor certification. laws. This system is intended to help the H–1B program to protect U.S. These reforms, combined with effec- U.S. employers remain competitive in workers and give them a fair oppor- tive enforcement by the Labor Depart- the face of technological change and tunity to get and keep high-wage, high- ment, should help give U.S. workers a competitive global markets. Instead, skill jobs. fairer chance at these jobs, and free the system permits employers to bring First, as with the program for perma- employers from participation in a in foreign temporary workers regard- nent immigrants, we should make it il- sham labor certification process. less of whether qualified U.S. workers legal to lay off qualified American UNDERSTANDING THE TEMPORARY WORKER are available, or even if U.S. workers workers and replace them with tem- PROGRAM are currently holding the jobs into porary foreign workers. In order to fully understand the per- which the foreign temporary workers Recent case histories have gained manent immigrant program, it is nec- are going to be placed. We must reform wide public attention because they are essary to understand the principal non- the H–1B Program. shocking to all of us. Syntel, Inc., is a immigrant employment-based pro- S. 1665 ‘‘REFORMS’’ TAKE US IN THE WRONG Michigan company with more than 80 gram, called the H–1B Program. This DIRECTION percent foreign temporary workers, program permits U.S. employers to Unfortunately, the reforms currently primarily computer analysts from bring into the United States skilled contained in the legal immigration bill India. In its business operations, workers with college or higher degrees. are inadequate if our goal is to assure Syntel contracts to provide computer The program is capped at 65,000 new U.S. workers a fair opportunity to get personnel and services to other compa- visas each year, but employers can and keep high-wage, high-skill jobs. nies. In New Jersey, Syntel contracted

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3289 with American International Group, a on their application form attesting If H–1B workers qualify under the large insurance company, to provide that they have taken and are taking permanent worker program as individ- computer services. Linda Kilcrease steps to recruit and retain U.S. work- uals with ‘‘extraordinary ability’’ or an worked for AIG. ers—which employers assure us they ‘‘outstanding professor or researcher,’’ One day, without notice, AIG fired are already doing. the employer could also hire them and Linda along with 200 of her co-workers The employer would attest that it bring them into the United States as and replaced them with foreign tem- had recruited in the domestic labor H–1B workers, without having to en- porary workers from Syntel. Adding in- market using industry-wide standard gage in domestic recruitment. This is a sult to injury, Linda and her coworkers recruitment procedures. Government reasonable accommodation of the con- were forced to train their replacements would not mandate this standard. cerns expressed by the business com- during their final weeks on the job. If high-technology industries recruit munity, without jeopardizing U.S. David Hoff was a database adminis- quickly to win business, then that’s workers. trator in Arizona with Allied Signal, a the industry-wide standard that should In every other case, however, we are defense contractor. David was asked to be recognized under the immigration short-changing U.S. workers and our train two foreign workers to do his job. laws. This step will not delay firms own national interests if we don’t ex- When he realized the company was which need workers quickly. But it will pect employers to recruit in the U.S. about to replace him, he left the job make sure that American workers get for jobs for which they are seeking for- and refused to train his foreign replace- first crack at these good jobs. eign workers. ments. The employer would also confirm The third and final change I propose Julie Cairns-Rubin worked for that its recruitment offered the locally to the H–1B Program is to reduce the Sealand Services, a major shipping and prevailing wage or the wage it actually term of the visa from 6 years to 3 trucking company, writing and main- pays similar workers, whichever is years. This is supposed to be a tem- taining computer software systems for higher. Employers hiring foreign work- porary visa, but most Americans would the company’s finances. She worked ers are already required, under current call it a permanent job. In fact, Ameri- law, to pay these workers the higher of during the day and took night classes cans from 25 to 34 years of age change the actual or locally prevailing wage, 1 for advanced computer skills. Her jobs every 3 ⁄2 years. Those age 35 to 44 so this reform imposes no new wage ob- training, hard work, and dedication change every 6 years. ligation. The reform would merely es- Importing needed skills should usu- were supposed to give her greater job tablish that the employer recruited ally be a short-term response to urgent security. Instead, Sealand fired Julie U.S. workers by offering the same needs, while adjusting to quickly and replaced her with a foreign worker. wages and other compensation that it changing circumstances. Now Julie is unemployed. would be obligated to pay to its foreign Reducing the terms from 6 years to 3 Julie Cairns-Rubin, David Huff, and workers. That’s only fair to U.S. work- years will also reduce the maximum Linda Kilcrease should be rewarded for ers. number of foreign temporary workers their skills and working hard for their This reform does not establish any in the country at any one time from employers. They are supposed to live new prevailing wage system. Under about 400,000 to about 200,000. The 3- the American dream. But the H–1B pro- current law, employers must ascertain year period will also assure that these gram under current law turns the and promise to pay at least the locally temporary workers are, indeed, tem- American dream into the American prevailing wage. Employers can go to porary. nightmare, and S. 1665 makes this their State employment security agen- This change is important not only for nightmare even worse. cy to get the prevailing wage. Or, U.S. workers who already have the John Martin owns a high-technology under current law, employers can rely skills for good jobs, but also for those firm in Houston. He has been under on an ‘‘independent authoritative who would like to acquire the nec- pressure from clients to lay off his U.S. source’’ or another ‘‘legitimate source’’ essary skills. The labor market will workers and bring in cheaper foreign for prevailing wage data. They are not correct imbalances in the demand and workers at lower wages in order to cut required to come to the government to supply of needed skills if it receives the costs. He refused, and has lost con- get this information under current law, proper signals. Allowing foreign tem- tracts to cheaper, H–1B firms as a re- and nothing I intend to propose would porary workers to stay in the United sult. John is an employer trying to change that. States for 6 years sends the wrong sig- play by the rules. But he can’t compete The employer would also attest that nal. The only valid, long-term response with firms bringing in cheaper foreign its domestic recruitment was unsuc- to skills shortages is training U.S. labor. cessful. In other words, the employer workers. A 3-year stay will promote Our law permits and encourages this need only state that it could not find a skills training and job opportunities behavior. Public outrage at such wide- qualified U.S. worker for the job. Em- for qualified U.S. workers, and help ly publicized layoffs are tarnishing our ployers already tell us they face the overcome the wage stagnation affect- entire immigration system and adding problem of being unable to find avail- ing so many working families. to the growing sense of insecurity felt able U.S. workers. It is this failure in GIVING THE LABOR DEPARTMENT THE by U.S. workers. There is no legitimate the domestic labor market that the H– ENFORCEMENT AUTHORITY IT NEEDS justification for laying off U.S. workers 1B Program is supposed to address. I have discussed a long list of reforms and replacing them with foreign work- There are certain circumstances in that are needed in the permanent ers, and our immigration laws should which we would all agree that an em- worker program and the H–1B Tem- prohibit it. ployer should not be required to seek a porary Worker Program. These reforms A second needed reform is to require U.S. worker. Existing law exempts can help assure that employment-based employers to recruit for U.S. workers from labor certification—and thereby immigration is fair to U.S. workers. It first, before being allowed to apply for from any recruitment requirement— is vital that we enact these reforms. a temporary foreign worker. Current foreign workers of extraordinary abil- But they will be nothing more than law does not contain this simple, com- ity, outstanding professors and re- empty words in the United States Code mon sense principle—and it should. searchers, certain multinational execu- if the Labor Department does not have Most employers who use the H–1B tives and managers, and renowned cler- the enforcement authority to assure program say they are continuously re- ics. These are truly the best and the widespread compliance. cruiting in the domestic labor market, brightest. They are Nobel-level sci- We must end the current mismatch and would prefer hiring U.S. workers. entists, the tenure-track professors, of enforcement authority. The Depart- So this change should not impose any and top researchers. They should be ad- ment of Labor has the power to re- hardship or additional burden on these mitted to the United States because spond to complaints, initiate investiga- employers. they are unique and because there is no tions, and conduct audits under the This reform is simple and straight- dispute that they will improve our so- temporary worker program, although forward. Employers applying for a for- ciety and increase our competitiveness. S. 1665 would unwisely curb these pow- eign worker under the H–1B program If we can get them, we should admit ers. However, under the permanent pro- would have to check one additional box them. gram, the authority of the Department

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3290 CONGRESSIONAL RECORD — SENATE April 15, 1996 ends once the immigrant arrives on our to make certain changes in how they issue sion leaves many uncertainties about how shores. After the worker is here, there driver’s licenses and identification docu- the program would work and therefore pre- is little the Department can do to en- ments. The amendment would thereby allow cludes a firm estimate. The potential costs sure that employers pay the prevailing states to implement those provisions while could, however, be significant. adhering to their current renewal schedules. If you wish further details on this esti- wage and meet other terms and condi- The amendment contains no intergovern- mate, we will be pleased to provide them. tions of employment. mental mandates as defined in Public Law Sincerely, We must give the Department essen- 104–4 and would impose no direct costs on JAMES L. BLUM tially the same post-admission enforce- state, local, or tribal governments. In fact, (For June E. O’Neill, Director). ment powers for permanent foreign by delaying the effective date of the provi- Enclosure. workers that it already has for tem- sions in section 118, the amendment would CONGRESSIONAL BUDGET OFFICE COST porary workers. Often, the temporary substantially reduce the costs of the man- ESTIMATE dates in the bill. If the amendment were workers become permanent workers. 1. Bill number: S. 269. adopted, CBO estimates that the total costs 2. Bill title: Immigration Control and Fi- The Department of Labor ought to of all intergovernmental mandates in S. 1664 nancial Responsibility Act of 1996. have the same power to assure compli- would no longer exceed the $50 million 3. Bill status: As reported by the Senate ance after the workers convert to per- threshold established by Public Law 104–4. Committee on the Judiciary on April 10, 1996. In our April 12, 1996, cost estimate for S. manent resident status as before. 4. Bill purpose: S. 269 would make many 1664 (which we identified at the time as S. Such enforcement powers are impor- changes and additions to Federal laws relat- 269), CBO estimated that section 118, as re- tant as a safeguard for workers’ rights. ing to immigration. Provisions having a po- ported, would cost states between $80 million They also ensure that the recruitment tentially significant budgetary impact are and $200 million in fiscal year 1998 and less highlighted below. mechanism functions properly. To en- than $2 million a year in subsequent years. Title I would: sure that these requirements are met, These costs would result primarily from an Direct the Attorney General to increase the Labor Department must have the influx of individuals seeking early renewals ability to seek out and identify em- the number of Immigration and Naturaliza- of their driver’s licenses or identification tion (INS) border patrol agents by 700 in fis- ployers that violate the law, assure cards. By allowing states to implement the cal year 1996 and by 1,000 in each of the fiscal that U.S. and foreign workers are pro- new requirements over an extended period of years 1997 through 2000; in addition, the num- tected or made whole, and impose pen- time, the amendment would likely eliminate ber of full-time support positions for border alties that will deter future violations this influx and significantly reduce costs. If patrol agents would be increased by 300 in the amendment were adopted, CBO estimates each of the fiscal years 1996 through 2000; and promote compliance. the direct costs to states from the driver’s li- Finally, we should also require pay- Authorize appropriations of such sums as cense and identification document provisions may be necessary to increase the number of ment of additional fees to cover the would total between $10 million and $20 mil- Labor Department’s costs of admin- INS investigator positions by 600 in fiscal lion and would be incurred over six years. year 1996 and by 300 in each of the fiscal istering the certification requirements These costs would be for implementing new years 1997 and 1998, and provide for the nec- and enforcement activities. Taxpayers data collection procedures and identification essary support positions; should not have to foot the bill for the card formats. Direct the Attorney General and the Sec- cost of providing employers with for- If you wish further details on this esti- retary of the Treasury to increase the num- mate, we will be pleased to provide them. ber of land border inspectors in fiscal years eign workers. Sincerely, Immigration has served America well 1996 and 1997 to assure full staffing during JUNE E. O’NEILL, the peak border-crossing hours; for over two centuries. Its current Director. troubles can be cured. If we fail to act Authorize the Department of Labor (DOL) Mr. SIMPSON. Mr. President, I ask to increase the number of investigators by responsibly the calls for Buchananism unanimous consent that a document 350—plus necessary support staff—in fiscal and Fortress America will only grow from the Congressional Budget Office years 1996 and 1997; louder and more irresponsible. To pro- setting forth the estimated budgetary Direct the Attorney General to increase tect our immigrant heritage, we must effects of the pending legislation be the detention facilities of the INS to at least stop illegal immigration. We must end 9,000 beds by the end of fiscal year 1997; printed at this point in the RECORD, Authorize a one-time appropriation of $12 the abuses of American workers under and I further note that the reference in our current immigration laws, and million for improvements in barriers along this letter to S. 269, as reported by the the U.S.-Mexico border; enact the many other reforms needed Senate Committee on the Judiciary on Authorize the Attorney General to hire for to strengthen this vital aspect of our April 10, 1996, means that these esti- fiscal years 1996 and 1997 such additional As- history and our future. mates apply to the legislation pending sistant U.S. Attorneys as may be necessary Mr. President, I yield the floor at before the Senate as S. 1664. for the prosecution of actions brought under this particular time. There being no objection, the mate- certain provisions of the Immigration and Mr. SIMPSON addressed the Chair. Nationality Act; rial was ordered to be printed in the Authorize appropriations of such sums as The PRESIDING OFFICER. The Sen- RECORD, as follows: ator from Wyoming. may be necessary to expand the INS finger- U.S. CONGRESS, print-based identification system (IDENT) Mr. SIMPSON. Mr. President, I have CONGRESSIONAL BUDGET OFFICE, nationwide; a unanimous-consent request. Washington, DC, April 12, 1996. Authorize a one-time appropriation of $10 I ask unanimous consent that a let- Hon. ORRIN G. HATCH, million for the INS to cover the costs to de- ter from the Congressional Budget Of- Chairman, Committee on the Judiciary, U.S. port aliens under certain provisions of the fice addressed to me as chairman of the Senate, Washington, DC. Immigration and Nationality Act; Subcommittee on Immigration, dated DEAR MR. CHAIRMAN: The Congressional Authorize such sums as may be necessary April 15, 1996, be printed in the RECORD. Budget Office has prepared the enclosed fed- to the Attorney General to conduct pilot There being no objection, the mate- eral, intergovernmental, and private sector programs related to increasing the efficiency cost estimates for S. 269, the Immigration of deportation and exclusion proceedings; rial was ordered to be printed in the Control and Financial Responsibility Act of Establish several pilot projects and various RECORD, as follows: 1996. Because enactment of the bill would af- studies related to immigration issues, in- U.S. CONGRESS, fect direct spending and receipts, pay-as- cluding improving the verification system CONGRESSIONAL BUDGET OFFICE, you-go procedures would apply. for aliens seeking employment or public as- Washington, DC, April 15, 1996. The bill would impose both intergovern- sistance; Hon. ALAN K. SIMPSON, mental and private sector mandates, as de- Provide for an increase in pay for immigra- Chairman, Subcommittee on Immigration, Com- fined in Public Law 104–4. The cost of the tion judges; mittee on the Judiciary, U.S. Senate, Wash- mandates would exceed both the $50 million Establish new and increased penalties and ington, DC. threshold for intergovernmental mandates criminal forfeiture provisions for a number DEAR MR. CHAIRMAN: As requested by your and the $100 million threshold for private of crimes related to immigration; and staff, CBO has reviewed a possible amend- sector mandates specified in that law. Permit the Attorney General to reemploy ment to S. 1664, the Immigration Control and CBO’s estimate does not include the poten- up to 100 federal retirees for as long as two Financial Responsibility Act of 1996, which tial cost of establishing a program to reim- years to help reduce a backlog of asylum ap- was reported by the Senate Committee on burse state and local governments for the plications. the Judiciary on April 10, 1996. The amend- full cost of providing emergency medical Title II would: ment would alter the effective date of provi- care to illegal aliens. As noted in the en- Curtail the eligibility of non-legal aliens, sions in section 118 that would require states closed estimate, the drafting of this provi- including those permanently residing under

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3291 color of law (PRUCOL), in the narrow in- 5. Estimated cost to the Federal Govern- include the potential costs of establishing a stances where they are now eligible for fed- ment: Assuming appropriation of the entire program to reimburse state and local govern- eral benefits; amounts authorized, enacting S. 269 would ments for the full cost of providing emer- Extend the period during which a sponsor’s increase discretionary spending over fiscal gency medical care to illegal aliens; these income is presumed or deemed to be avail- years 1996 through 2002 by a total of about costs could amount to as much as $1.5 billion able to the alien and require deeming in all $3.2 billion. Several provisions of S. 269, to $3 billion a year. federal means-tested programs, not just the mainly those in Title II affecting benefit The estimated budgetary effects of the leg- ones that currently practice it; programs, would result in changes to manda- islation are summarized in Table 1. Table 2 tory spending and federal revenues. CBO es- shows projected outlays for the affected di- Deny the earned income tax credit to indi- timates that the changes in mandatory rect spending programs under current law, viduals not authorized to be employed in the spending would reduce outlays by about $7 the changes that would stem from the bill, United States; and billion over the 1996–2002 period, and that and the projected outlays for each program if Change federal coverage of emergency revenues would increase by about $80 million the bill were enacted. The projections reflect medical services for illegal aliens. over the same period. These figures do not CBO’s March 1996 baseline. TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF S. 269 [By fiscal years, in millions of dollars]

1996 1997 1998 1999 2000 2001 2002

SPENDING SUBJECT TO APPROPRIATIONS ACTION Authorizations: Estimated authorization level ...... 0 709 472 580 596 615 633 Estimated outlays ...... 0 286 467 663 580 600 621 MANDATORY SPENDING AND RECEIPTS Direct spending: Estimated budget authority ...... 0 ¥450 ¥927 ¥1,237 ¥1,427 ¥1,409 ¥1,549 Estimated outlays ...... 0 ¥450 ¥927 ¥1,237 ¥1,427 ¥1,409 ¥1,549 Estimated Revenues ...... 0 14 13 12 13 13 13 Note.—Estimates do not include potential costs of establishing a program to reimburse state and local governments for the full cost of providing emergency medical care to illegal aliens. These costs could amount to as much as $1.5 billion to $3 billion a year.

The costs of this bill fall within budget functions 550, 600, 750, and 950. TABLE 2.—ESTIMATED EFFECTS OF S. 269 ON DIRECT SPENDING PROGRAMS [By fiscal years, in millions of dollars]

1995 1996 1997 1998 1999 2000 2001 2002

PROJECTED SPENDING UNDER CURRENT LAW Supplemental Security Income ...... 24,510 24,017 27,904 30,210 32,576 37,995 34,515 40,348 Food Stamps 1 ...... 25,554 26,220 28,094 29,702 31,092 32,476 33,847 35,283 Family Support Payments 2 ...... 18,086 18,371 18,800 19,302 19,930 20,552 21,240 21,932 Child Nutrition ...... 7,465 8,011 8,483 9,033 9,597 10,165 10,751 11,352 Medicaid ...... 89,070 95,737 104,781 115,438 126,366 138,154 151,512 166,444 Earned Income Tax Credit (outlay portion) ...... 15,244 18,440 20,191 20,894 21,691 22,586 23,412 24,157 Receipts of Employer Contributions ...... ¥27,961 ¥27,025 ¥27,426 ¥27,978 ¥28,258 ¥29,089 ¥29,949 ¥31,025 Total ...... 151,968 163,771 180,827 196,601 212,994 232,839 245,328 268,491

PROPOSED CHANGES Supplemental Security Income ...... 0 ¥100 ¥340 ¥500 ¥570 ¥500 ¥560 Food Stamps 1 ...... 0 ¥10 ¥30 ¥40 ¥45 ¥45 ¥70 Family Support Payments 2 ...... 0 ¥10 ¥15 ¥15 ¥20 ¥20 ¥25 Child Nutrition ...... 0 0 0 ¥5 ¥20 ¥20 ¥25 Medicaid 3 ...... 0 ¥115 ¥330 ¥460 ¥550 ¥600 ¥640 Earned Income Tax Credit (outlay portion) ...... 0 ¥216 ¥214 ¥218 ¥222 ¥224 ¥229 Receipts of Employer Contributions ...... 0 1 2 1 0 0 0 Total ...... 0 ¥450 ¥927 ¥1,237 ¥1,427 ¥1,409 ¥1,549

PROJECTED SPENDING UNDER S. 269 Supplemental Security Income ...... 24,510 24,017 27,804 29,870 32,076 37,425 34,015 39,788 Food Stamps 1 ...... 25,554 26,220 28,084 29,672 31,052 32,431 33,802 35,213 Family Support Payments 2 ...... 18,086 18,371 18,790 19,287 19,915 20,532 21,220 21,907 Child Nutrition ...... 7,465 8,011 8,483 9,033 9,592 10,145 10,731 11,327 Medicaid 3 ...... 89,070 95,737 104,666 115,108 125,906 137,604 150,912 165,804 Earned Income Tax Credit (outlay portion) ...... 15,244 18,440 19,975 20,680 21,473 22,364 23,188 23,928 Receipts of Employer Contributions ...... ¥27,961 ¥27,025 ¥27,425 ¥27,976 ¥28,257 ¥29,089 ¥29,949 ¥31,025 Total ...... 151,968 163,771 180,377 195,674 211,757 231,412 243,919 266,942

Changes to Revenues ...... 0 14 13 12 13 13 13 Net Deficit effect ...... 0 ¥464 ¥940 ¥1,249 ¥1,440 ¥1,442 ¥1,562 1 Food Stamps includes Nutrition Assistance for Puerto Rico. Spending under current law includes the provisions of the recently-enacted farm bill. 2 Family Support Payments includes spending on Aid to Families with Dependent Children (AFDC), AFDC-related child care, administrative costs for child support enforcement, net federal savings from child support collections, and the Job Opportunities and Basic Skills Training program (JOBS). 3 Estimates do not include potential costs of establishing a program to reimburse state and local governments for the full cost of providing emergency medical care to illegal aliens. These costs could amount to as much as $1.5 billion to $3 billion a year. Notes.—Assumes enactment date of August 1, 1996. Estimates will change with later effective date. Details may not add to totals because of rounding.

6. Basis of estimate: For purposes of this similar activities. (We assumed that none of the 1994 crime bill through fiscal year 1998. estimate, CBO assumes that S. 269 will be en- the bill’s programs would affect outlays in For such provisions, the amounts shown in acted by August 1, 1996. 1996.) Table 3 reflect only the cost above funding The provisions in this bill that affect dis- authorized in current law. SPENDING SUBJECT TO APPROPRIATIONS cretionary spending would increase costs to The following estimates assume that all the federal government by the amounts In the most recent continuing resolution specific amounts authorized by the bill shown in Table 3, assuming appropriation of enacted for fiscal year 1996, appropriations would be appropriated for each fiscal year. the necessary funds. In many cases, the bill for the Department of Justice total about $14 For programs in the bill for which authoriza- authorizes funding for programs already au- billion, of which about $1.7 billion is for the tions are not specified, or for programs thorized in the Violent Crime Control and INS. whose specific authorizations do not provide Law Enforcement Act of 1994 (the 1994 crime sufficient funding, CBO estimated the cost bill) or already funded by fiscal year 1996 ap- based on information from the agencies in- propriations action. For example, the addi- volved. Estimated outlays, beginning in 1997, tional border patrol agents and support per- are based on historical rates for these or sonnel in title I already were authorized in

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3292 CONGRESSIONAL RECORD — SENATE April 15, 1996 TABLE 3.—SPENDING SUBJECT TO APPROPRIATIONS of aliens over the age of 65 receive SSI, en that period to at least 5 years (longer for ACTION versus about 4 percent of citizens. The Social future entrants). The $0.1 billion in total sav- Security Administration states that about ings over the 1997–2002 period would stem [By fiscal years, in millions of dollars] 700,000 legal aliens collect SSI (although overwhelmingly from the lengthening of the 1997 1998 1999 2000 2001 2002 some unknown fraction of those ‘‘aliens’’ are deeming period. Savings from ending the eli- really naturalized citizens, whose change in gibility of PRUCOLs are estimated to be just Estimated authorization lev- status is not reflected in program records). a few million dollars a year. els: Additional Border Patrol About three-quarters of alien SSI recipients Child Nutrition. S. 269 would require that agents ...... 97 97 100 103 are immigrants legally admitted for perma- the child nutrition program begin to deem Additional investigators.... 97 152 159 165 171 178 nent residence, who must serve out a waiting sponsors’ income to alien schoolchildren Additional inspectors...... 24 32 34 35 37 39 when weighing their eligibility for free or re- Additional DOL employees 27 29 30 31 33 34 period during which their sponsor’s income Detention facilities...... 418 187 187 194 198 204 is ‘‘deemed’’ to them before they can go on duced-price lunches. Child nutrition does not Barrier improvements ...... 20 ...... the program. That waiting period was employ deeming now. It does, however, take Additional U.S. Attorneys .. 23 46 48 49 51 52 parents’ income into account when deter- IDENT expansion...... 87 22 22 22 22 22 lengthened to 5 years in 1994 but is slated to Deportation costs ...... 10 ...... return to 3 years in October 1996. The other mining eligibility. CBO therefore assumed Pilot programs...... 2 3 2 2 2 ...... one-quarter of alien recipients of SSI are ref- that savings in child nutrition would stem Pay raise for immigration ugees, asyelees, and PRUCOLs. mainly from the minority of cases in which judges ...... 1 1 1 1 1 1 S. 269 would prevent the deeming period a relative other than a parent (say, a grand- Total ...... 709 472 580 596 615 633 from returning to 3 years in October 1996. In- parent or an aunt) sponsored the child’s Estimated Outlays...... 286 467 663 580 600 621 stead, the deeming period would remain at 5 entry into the United States. CBO assumed years (for aliens who entered the country be- that it would take at least two years to craft REVENUES AND DIRECT SPENDING fore enactment) and would be lengthened to regulations and implement deeming in S. 269 would have a variety of effects on di- 10 years or more for aliens who enter after school systems nationwide, therefore pre- rect spending and receipts. The most signifi- the date of enactment. Specifically, for a fu- cluding savings until 1999. Savings of about cant effects would stem from new restric- ture entrant, deeming in all federal means- $20 million a year would result once the tions on payment of federal benefits to tested programs would last until the alien deeming provision took full effect. aliens, in Title II of the bill. That title would had worked for 40 quarters in Social Secu- S. 269 explicitly preserves eligibility for curtail the eligibility of non-legal aliens, in- rity-covered employment—a condition that the child nutrition program for illegal alien cluding those permanently residing under elderly immigrants, in particular, would be schoolchildren. CBO assumed, however, that the stepped-up screening that would be re- color of law (PRUCOL), in the narrow in- unlikely ever to meet. By requiring that all quired to enforce deeming for legally admit- stances where they are now eligible for fed- income of the sponsor and spouse be deemed ted children would lead some illegal alien eral benefits. It would require that all fed- ‘‘notwithstanding any other provision of children to stop participating in the pro- eral means-tested programs weigh sponsors’ law,’’ S. 269 would also nullify the exemption gram, because their parents would fear de- income (a practice known as deeming) for a in current law that waives deeming when the minimum of 5 years after entry when gaug- tection. Social Security Administration (SSA) deter- Medicaid. S. 269 would erect several bar- ing an immigrant’s eligibility for benefits, mines that the alien applicant became dis- riers to Medicaid eligibility for recent immi- and would require an even longer deeming abled after he or she entered the United grants and future entrants into this country. period—lasting 10 years or more after ar- States. In most cases, AFDC or SSI eligibility car- rival—for future entrants. It would make Data from SSA records show very clearly ries Medicaid eligibility along with it. By re- sponsors’ affidavits of support legally en- that many aged aliens apply for SSI as soon stricting aliens’ access to those two cash forceable. These provisions would save as their deeming period is over, though such programs, S. 269 would thereby generate money in federal benefit programs. Partly a pattern is much less apparent among Medicaid savings. Medicaid now has no offsetting those savings, the bill proposes younger aliens seeking benefits on the basis deeming requirement at all; that is, program one major change that could add to federal of disability. CBO estimates that length- administrators do not consider a sponsor’s costs—a provision that is apparently in- ening the deeming period from 3 years to 5 income when they gauge the alien’s eligi- tended to require the federal government to years (or longer), and striking the exemption bility for benefits. Therefore, it is possible pay the full cost of emergency Medicaid from deeming for aliens who became disabled for a sponsored alien to qualify for Medicaid services for illegal aliens. However, ambigu- after arrival, would save about $0.1 billion in even before he or she has satisfied the SSI ities in the drafting of that provision prevent 1996, and $0.3 billion to $0.4 billion a year in waiting period. S. 269 would change that by CBO from estimating its effect. Although the 1997 through 2002. Nearly two-thirds of the requiring that every means-tested program provisions affecting benefit programs domi- savings would come from the aged, and the weigh the income of a sponsor for at least 5 nate the direct spending implications of S. rest from the disabled. years after entry. Under current law, 269, other provisions scattered throughout S. 269 would also eliminate eligibility for PRUCOLs are specifically eligible for Med- Titles I and II would have small effects on SSI benefits of aliens permanently residing icaid; S. 269 would make them ineligible. collections of fines and penalties and on the under color of law (PRUCOLs). That label To estimate the savings in Medicaid, CBO receipts of federal retirement funds. covers such disparate groups as parolees, first estimated the number of aliens who Fines. The imposition of new and enhanced aliens who are granted a stay of deportation, would be barred from the SSI and AFDC pro- civil and criminal fines in S. 269 could cause and others with various legal statuses. grams by other provisions of S. 269, CBO then governmental receipts to increase, but CBO PRUCOLs currently make up about 5 percent added another group—dubbed ‘‘noncash bene- estimates that any such increase would be of aliens on the SSI rolls. CBO assumes that ficiaries’’ in Medicaid parlance because they less than $500,000 annually. Civil fines would some would successfully seek to have their participate in neither of the two cash pro- be deposited into the general fund of the classification changed to another category grams. The noncash participants who would Treasury. Criminal fines would be deposited (such as refugee or asylee) that would pro- be affected by S. 269 essentially fall into two in the Crime Victims Fund and would be tect their SSI benefits. The remainder, groups. One is the group of elderly (and, less spent in the following year. Thus, direct though, would be barred from the program, importantly, disabled) aliens with financial spending from the fund would match the in- generating savings of about $0.5 billion over sponsors who, under current law, seek Med- crease in revenues with a one-year lag. 7 years. icaid even before they satisfy the 3-year wait Forfeiture. New forfeiture provisions in S. Food Stamps. The estimated savings in the for SSI; the second is poor children and preg- 269 could lead to more assets seized and for- Food Stamp program—$0.2 billion over 7 nant women who could, under current law, feited to the United States, but CBO esti- years—are considerably smaller than those qualify for Medicaid even if they do not get mates that any such increase would be less in SSI but likewise stem from the deeming AFDC. CBO multiplied the estimated number than $500,000 annually in value. Proceeds provisions of S. 269. The Food Stamp pro- of aliens affected times an average Medicaid from the sale of any such assets would be de- gram imposes a 3-year deeming period. cost appropriate for their group. That aver- posited as revenues into the Assets For- Therefore, lengthening the deeming period age cost is significantly higher for an aged or feiture Fund of the Department of Justice (to 5 years for aliens already here and longer disabled person than for a younger mother or and spent out of that fund in the same year. for future entrants) would save money in child. In selecting an average cost, CBO took Thus, direct spending from the Assets For- food stamps. S. 269 contains a narrow exemp- into account the fact that relatively few feiture Fund would match any increase in tion from deeming for aliens judged to be at aged or disabled aliens receive expensive revenues. immediate risk of homelessness or hunger. long-term care in Medicaid-covered institu- Supplemental Security Income. The SSI pro- Because the Food Stamp program already tions, but that on the other hand, few are eli- gram pays benefits to low-income people denies benefits to most PRUCOLs, no savings gible for Medicare. The resulting estimate of with few assets who are aged 65 or older or are estimated from that source. Medicaid savings was then trimmed by 25 disabled. According to tabulations by the Family Support. The provisions that would percent to reflect the fact that—if the aliens Congressional Research Service (CRS), the generate savings in SSI and food stamps in question were barred from regular Med- SSI program for the aged is the major ben- would also lead to small savings in the AFDC icaid—the federal government would likely efit program with the sharpest contrast in program. The AFDC program already deems end up paying more in reimbursements for participation between noncitizens and citi- income from sponsors to aliens for 3 years emergency care and for uncompensated care. zens. CRS reported that nearly one-quarter after the alien’s arrival. S. 269 would length- The resulting savings in Medicaid would

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3293 climb from $0.1 billion in 1997 to about $0.6 Taxation estimates that the provision would have been affected. Therefore, S. 269—which billion a year in 2000 through 2002, totaling reduce the deficit by approximately $0.2 bil- would apply deeming to aliens who entered $2.7 billion over the 1996—2002 period. lion a year. in the last 5 years as well as to future en- One of the few benefits for which illegal Other programs. Entitlement or direct trants—would result in larger savings in aliens now qualify is emergency Medicaid, spending programs other than those already many benefit programs. Also, projected dis- under section 1903(v) of the Social Security listed are estimated to incur negligible costs cretionary spending under S. 269 would be Act. Section 212 of S. 269 is apparently in- or savings over the 1997–2002 period as a con- less than under H.R. 2202. tended to make the federal government re- sequence of S. 269. The foster care program In 1995, CBO prepared many estimates of sponsible for the entire cost of emergency does not appear on any list of exemptions in welfare reform proposals that would have medical care for illegal aliens, instead of S. 269; but since the program does not em- curtailed the eligibility of legal aliens for splitting the cost with states as under the ploy deeming now, and since it is unclear public assistance. Examples include the current matching requirements of Medicaid. how deeming could be made to work in that budget reconciliation bill (H.R. 2491) and the However, the drafting of the provision leaves program (for example, whether it would welfare reform bill (H.R. 4), both of which several legal and practical issues dangling. apply to foster care children or parents), were vetoed. S. 269 would not repeal the current provision CBO estimates no savings. CBO estimates 11. Estimate prepared by: Mark Grabowicz, in section 1903(v). It would apparently estab- that the bill would not lead to any signifi- Wayne Boyington, Sheila Dacey, Dorothy lish a separate program to pay for emer- cant savings in the student loan program. Rosenbaum, Robin Rudowitz, Kathy Ruffing, gency medical care. Although it stipulates The Title XX social services program, and and Stephanie Weiner. that funding must be set in advance in ap- entitlement program for the states, is funded 12. Estimate approved by: Paul N. Van de propriation acts, it also provides that states at a fixed dollar amount set by the Congress; Water, Assistant Director for Budget Anal- and localities would therefore have an open- the eligibility or ineligibility of aliens for ysis. ended right to reimbursement, notwith- services would not have any direct effect on standing the ceiling implied in an appropria- CONGRESSIONAL BUDGET OFFICE ESTIMATE OF those dollar amounts. COSTS OF PRIVATE SECTOR MANDATES tion act. S. 269 would have a small effect on the net 1. Bill number: S. 269. S. 269 orders the Secretary of Health and outlays of Federal retirement programs. Sec- 2. Bill title: Immigration Control and Fi- Human Services (HHS), in consultation with tion 196 of the bill would permit certain ci- nancial Responsibility Act of 1996. the Attorney General, to develop rules for vilian and military retirees to collect their 3. Bill status: As reported, by the Senate reimbursement. Emergency patients often full pensions in addition to their salary if Committee on the Judiciary on April 10, 1996. show up with no insurance and little other they are reemployed by the Department of 4. Bill purpose: S. 269 would make changes identification; therefore, if HHS drafted Justice to help tackle a backlog of asylum and additions to federal laws relating to im- stringent rules for verification, it is possible applications. CBO estimates that about 100 migration. that very few providers could collect the re- annuitants would be affected, and that net 5. Private sector mandates contained in imbursement. On the other hand, if HHS re- outlays would increase by $1 million to $2 the bill: Several provisions of the bill would quired only minimal identification, pro- million a year in 1997 through 1999. viders would have an incentive to classify as CBO judges that S. 269 would not lead to impose new requirements on the private sec- many patients as possible in this category any savings in Social Security, unemploy- tor. In general, the private sector mandates because that would maximize their federal ment insurance, or other federal benefits in S. 269 lie in three areas: (1) provisions that reimbursement. S. 269 does not state whether that are based on earning. S. 269 would deny affect the transportation industry, (2) provi- reimbursement would be subject to the usual benefits if the alien was not legally author- sions that affect aliens within the borders of limits on allowable charges in Medicaid, or ized to work in the United States. Since 1972, the United States, and (3) provisions that af- whether providers could bill the federal gov- however, the law has ordered the Social Se- fect individuals who sponsor aliens and exe- ernment for their full cost. Nor is it clear curity Administration to issue Social Secu- cute affidavits of support. The estimated im- whether the program would use the same rity numbers (SSNs) only to citizens and to pacts of these mandates do not include any definition of emergency care as in Medicaid aliens legally authorized to work here. A costs imposed on individuals not within the law. narrow exception is ‘‘nonwork’’ SSNs, grant- borders of the United States. Although the budgetary effects of Section ed for purposes such as enabling aliens to file 6. Estimated direct cost to the private sec- 212 cannot be estimated, some idea of its po- income taxes. Since all work performed by tor: CBO estimates that the direct costs of tential costs can be gained by looking at aliens who received SSNs after 1972 is pre- private sector mandates identified in S. 269 analogous proposals for the Medicaid pro- sumed to be legal, and since verifying the would be less than $100 million annually gram. CBO estimates that modifying Med- work authorization of people who received through 1999, but would rise to over $100 mil- icaid to reimburse states and localities for SSNs before 1972 is an insuperable task, CBO lion in 2000 and $300 million in 2001. In 2002 the full cost of emergency care for illegal estimates no savings in these earnings-re- and thereafter, the direct costs would exceed aliens would cost approximately $1.5 billion lated benefits. $600 million annually. The large majority of to $3 billion per year. That estimate assumes 7. Pay-as-you-go considerations: Section those costs would be imposed on sponsors of that Medicaid would continue to use its cur- 252 of the Balanced Budget and Emergency aliens who execute affidavits of support, rent definition of emergency care and its deficit Control Act of 1985 sets up pay-as- such costs are now borne by the federal gov- current schedule of charges. It also assumes you-go procedures for legislation affecting ernment and state and local governments for that states would seek to classify more direct spending or receipts through 1998. Be- the provision of benefits under public assist- aliens and more services in this category, in cause several sections of this bill would af- ance programs. Assuming enactment of S. order to collect the greatest reimbursement. fect receipts and direct spending, pay-as- 260 this summer, CBO expects that the man- Similarly, section 201 of the bill is meant you-go procedures would apply. These effects dates in the bill would be effective beginning to qualify certain mothers who are illegal are summarized in the following table. in fiscal year 1997. aliens for pre- and post-partum care under Basis of estimate the Medicaid program. In general, poor [By fiscal years, in millions of dollars] women who are citizens or legal immigrants Title I, subtitle A—Law enforcement 1996 1997 1998 can now get such care through Medicaid, but Section 151 would impose new mandates on illegal aliens cannot. Although the bill Change in outlays ...... 0 ¥450 ¥927 the transportation industry—in particular, would authorize $120 million a year for such Change in receipts ...... 0 14 13 those carriers arriving in the U.S. from over- care, the new benefit would in fact be open- Note.—Estimates do not include potential costs of establishing a pro- seas. Agents that transport stowaways to the ended because of the entitlement nature of gram to reimburse state and local governments for the full cost of providing U.S., even unknowingly, would be respon- the Medicaid program. CBO does not have emergency medical care to illegal aliens. These costs could amount to as sible for detaining them and for the costs as- much as $1.5 billion to $3 billion a year. enough information to estimate the provi- sociated with their removal. This mandate is sion’s cost, which would depend critically on 8. Estimated impact on State, local, and not expected to impose large costs on the the type of documentation demanded by the tribal governments: See the enclosed inter- transportation industry. Over the last two Secretary of HHS to prove that the mothers governmental mandates statement. years a total of only about 2000 stowaways met the requirement of 3 years of continuous 9. Estimated impact on the private sector: have been detained. residence. See the enclosed private sector mandates Section 154 would require aliens who seek Earned Income Tax Credit. S. 269 would deny statement. to become permanent residents to show doc- eligibility for the Earned Income Tax Credit 10. Previous CBO estimate: On March 4, umented proof that they have been immu- (EITC) to workers who are not authorized to 1996, CBO provided an estimate of H.R. 2202, nized against a list of diseases classified as be employed in the United States. In prac- an immigration reform bill reported by the ‘‘vaccine-preventable’’ by the Advisory Com- tice, that provision would work by requiring House Committee on the Judiciary. (The bill mittee on Immunization Practices. That re- valid Social Security numbers to be filed for was subsequently passed by the House, with quirement would impose costs on aliens who the primary and secondary taxpayers on re- amendments.) That bill had many provisions were not immunized previously or were un- turns that claim the EITC. A similar provi- in common with S. 269. However, the deem- able to document that they had been immu- sion was contained in President Clinton’s ing restrictions proposed in H.R. 2202 applied nized. Some of the costs might be paid for by 1996 budget proposal and in last fall’s rec- exclusively to future entrants; aliens who state and local governments through public onciliation bill. The Joint Committee on entered before the enactment date would not clinics. The total cost of the mandate to

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3294 CONGRESSIONAL RECORD — SENATE April 15, 1996 aliens residing in the United States would be Section 181 of Title I would add categories Weigh sponsors’ income (a practice known expected to be less than $40 million a year. of aliens who would not be permitted to ad- as deeming) for 5 years or longer after entry Section 155 would impose two new require- just from non-immigrant to immigrant sta- when gauging a legal alien’s eligibility for ments on aliens in the U.S. who seek to ad- tus. Any alien not in a lawful immigrant sta- benefits in some large federal means-tested just their status to permanent resident for tus would not be allowed to become an em- entitlement programs; the purpose of working as nonphysician ployment-based immigrant. Also, aliens who Request reimbursement from sponsors via health care workers. First, those aliens were employed while an unauthorized alien, certified mail and in compliance with Social would be required to present a certificate or who had otherwise violated the terms of a Security Administration regulations if noti- from the Commission on Graduates of For- nonimmigrant visa, would not be allowed to fied that a sponsored alien has received bene- eign Nursing Schools (or an equivalent body) become an immigrant. Although these provi- fits from a means-tested program; that verifies that the alien’s education, sions would have significant impacts on cer- Notify, either individually or publicly, all training, license, and experience meet stand- tain members of the private sector, there ineligible aliens who are receiving benefits ards comparable to those required for domes- would be no direct costs as defined by P.L. or assistance that their eligibility is to be tically trained health care workers employed 104–4. terminated; and in the same occupation. Second, those aliens 7. Previous CBO estimate: On March 13, Deny non-legal aliens and PRUCOLs the would be required to attain a certain score 1996, CBO prepared a private sector mandate right to receive grants, enter into contracts on a standardized test of oral and written statement on H.R. 2202, the Immigration in or loan agreements, or receive or renew pro- English language proficiency. the National Interest Act of 1995, which was fessional or commercial licenses. The aggregate direct costs of complying ordered reported by the House Committee on State and local governments would be pro- with the new requirements imposed on non- the Judiciary on October 24, 1995. hibited from imposing any restrictions on physician health care workers would depend 8. Estimate prepared by: Daniel Mont and the exchange of information between govern- on several factors: the number of aliens that Matt Eyles. mental entities or officials and the Immigra- attempt to adjust their status to permanent 9. Estimate approved by: Joseph R. Antos, tion and Naturalization Service (INS) re- resident for the purpose of becoming a non- Assistant Director for Health and Human garding the immigration status of individ- physician health care worker; the costs of Resources. uals. obtaining proof of certification and of taking 6. Estimated direct cost of mandates on CONGRESSIONAL BUDGET OFFICE ESTIMATED an English language test; and the cost of State, local, and tribal governments: COST OF INTERGOVERNMENTAL MANDATES conforming to the higher standard for those (a) Is the $50 Million Threshold Exceeded? not initially qualified who would attempt to 1. Bill Number: S. 269. Yes. do so. At this point CBO does not have quan- 2. Bill title: Immigration Control and Fi- (b) Total Direct Costs of Mandates: CBO esti- titative information on these factors but we nancial Responsibility Act of 1996. mates that these mandates would impose di- do not believe that the aggregate direct 3. Bill Status: As reported by the Senate rect cost on state, local, and tribal govern- costs of these mandates would be substan- Committee on the Judiciary on April 10, 1996. ments totaling between $80 million and $200 tial. Nevertheless, for certain individuals the 4. Bill purpose: S. 269 would make many million in fiscal year 1998. In the four subse- cost of meeting these requirements would be changes and additions to federal laws relat- quent years, mandate costs would total less large. ing to immigration. The bill would also re- than $2 million annually. State, local, and quire changes to the administration of state Title II—Financial responsibility tribal governments could face additional and local transportation, public health, and costs associated with the deeming require- Title II would impose new requirements on public assistance programs. Demonstration ments in each of the 5 years following enact- citizens and permanent residents who exe- projects for verifying immigration status ment of the bill; however, CBO cannot quan- cute affidavits of support for legal immi- and for determining benefit eligibility would tify such costs at this time. grants. At present, immigrants who are ex- be conducted in a number of states, pursuant S. 269 also includes a number of provisions pected to become public charges must obtain to agreements between those states and the that, while not mandates, would result in a financial sponsor who signs an affidavit of Attorney General. Section 118 would require significant net savings to state, local, and support. A portion of the sponsor’s income is state and local governments to adhere to tribal governments. CBO estimates these then ‘‘deemed’’ to the immigrant for use in certain standards in the production of birth savings could total several billion dollars the means-test for several federal welfare certificates, driver’s licenses, and identifica- over the next five years. programs. Affidavits of support, however, are tion documents. Sections 201 and 203 would (c) Estimate of Necessary Budget Authority: not legally binding documents. S. 269 would limit the eligibility of many aliens for public Not applicable. make affidavits of support legally binding, assistance and other benefits. In addition, 7. Basis of estimate: Of the mandates listed expand the responsibilities of financial spon- Title II would authorize state and local gov- above, the requirements governing birth cer- sors, and place an enforceable duty on spon- ernments to implement measures to mini- tificates and driver’s licenses would impose sors to reimburse the federal government or mize or recoup costs associated with pro- the most significant direct costs. The bill states for benefits provided in certain cir- viding certain benefits to legal and non-legal would require issuers of birth certificates to cumstances. aliens. use a certain quality safety paper when pro- Supporting aliens to prevent them from be- 5. Intergovernmental mandates contained viding copies to individuals if those copies coming public charges would impose consid- in bill: are to be acceptable for use at any federal of- erable costs on sponsors, who are included in State and local governments that issue fice or state agency that issues driver li- the private sector under the Unfunded Man- birth certificates would be required to use censes or identification documents. While dates Reform Act of 1995. CBO estimates that safety paper that is tamper- and counterfeit- many state issuers are adequate quality safe- sponsors of immigrants would face over $20 resistant, comply with new regulations es- ty paper, many local clerk and registrar of- million in additional costs in 1997. Costs tablished by the Department of Health and fices do not. The bill also requires states ei- would grow quickly, however. Over the pe- Human Services (HHS), and prominently ther to collect Social Security numbers from riod from 1998 to 2001, assuming that affida- note on a copy of a birth certificate if the driver’s license applicants or to print the vits of support would be enforced, the costs person is known to be deceased. number on the driver’s license card. While a to sponsors of immigrants would exceed $100 State agencies issuing driver’s licenses or significant number of states currently use million annually and would total about $500 identification documents would be required Social Security numbers as the driver’s li- million during the first five years that the either to print Social Security numbers on cense number, the most populous states nei- mandate would be effective. these items or collect and verify the number ther print the number on the card nor collect Other provisions before issuance. They would also be required if for reference purposes. Several other provisions in S. 269 would to comply with new regulations to be estab- For the purposes of preparing this esti- impose new mandates on citizens and aliens lished by the Department of Transportation mate, CBO contacted state and local govern- but would result in little or no monetary (DOT). ments, public interest groups representing cost. For example, Title II contains a new State employment security agencies would these governments, and a number of officials mandate that would require sponsors to no- be required to verify employment eligibility from professional associations. Because of tify the federal and state governments of any and complete attestations to that effect the variation in the way state and local gov- change of address. CBO estimates that the prior to referring an individual to prospec- ernments issue birth certificates, we con- direct cost of these provisions would be mini- tive employers. tacted clerks and registrars in eleven states mal. State and local agencies administering in an effort to assess the impact of the birth Section 116 of Title I would change the ac- public assistance and regulatory programs certificate provisions. To estimate the cost ceptable employment-verification docu- would be required to: of the driver’s license requirements, we con- ments and authorize the Attorney General to Deny eligibility in most state and local tacted over twenty state government trans- require individuals to provide their Social means-tested benefit programs to non-legal portation officials. Most state and local gov- Security number on employment forms at- aliens, including those ‘‘permanently resid- ernments charge fees for issuing driver’s li- testing that the individual is not an unau- ing under color of law’’ (PRUCOL). censes and copies of birth certificates. Those thorized alien. CBO estimates that the direct (PRUCOLS are aliens whose status is usually governments may choose to use revenues costs of complying with that requirement transitional or involves an indefinite stay of from these fees to pay for the expenses asso- would also be minimal. deportation); ciated with the mandates. Under Public Law

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3295 104–4, however, these revenues are considered or localities lack the authority to modify Means-tested State and local programs a means of financing and as such cannot be their programs to accommodate the new re- It is likely that some aliens displaced from counted against the mandate costs of S.269. quirements and still provide required serv- federal assistance programs would turn to Mandates with significant costs ices. In some programs—such as Aid to Fam- assistance programs funded by state and ilies with Dependent Children (AFDC) and Birth Certificates. Based on information local governments, thereby increasing the Food Stamps—some states may lack such from state registrars of vital statistics, CBO costs of these programs. While several provi- authority and any new requirements would estimates that 60 percent of the approxi- sions in the bill could mitigate these costs— thus constitute a mandate. Given the scope mately 18 million certified copies of birth strengthening affidavits of support by spon- and complexity of the affected programs, certificates issued each year in the United sors, allowing the recovery of costs from however, CBO has not been able to estimate States are printed on plain bond paper or low sponsors, and authorizing agencies to deem either the likelihood or magnitude of such quality safety paper. CBO assumed that in state and local means-tested programs— costs at this time. These costs could be sig- state and local issuing agencies needing to CBO expects that such tools would be used nificant, depending on how strictly the upgrade the quality of the paper would only in limited circumstances in the near fu- deeming requirements are enforced by the ture. At some point, state and, particularly, spend, on average, about $0.10 per certificate. federal government. Any additional costs, In addition, CBO expects the bill would in- local governments become the providers of however, would be offset at least partially by last resort, and as such, we anticipate that duce some individuals holding copies of birth reduced caseloads in some programs. certificates that do not conform to the re- they would face added financial pressures on Mandates with no significant costs their public assistance programs that would quired standards to request new birth certifi- at least partially offset the savings they re- cates when they would not have otherwise Many of the mandates in S. 269 would not alize from the federal programs. Because done so. CBO estimated that issuing agencies result in measurable budgetary impacts on these state and local programs are voluntary across the country would experience a 20 per- state, local, or tribal governments. In some activities of those governments, increases in cent increase in requests for copies of birth cases—eligibility restrictions based on non- the costs of these programs are not mandate certificates for at least five years. On this legal status and death notations on birth costs. basis, CBO estimates that the birth certifi- certificates—the bill’s requirements simply cate provisions in the bill would impose di- restate current law or practice for many of Medicaid rect printing and personnel costs on state the jurisdictions with large populations and Emergency Medical Services. Section 212 of and local governments totaling at least $2 would thus result in little costs or savings. S. 269 is apparently intended to offer state million per year in each of the five years fol- In others—sponsor reimbursement requests and local governments full reimbursement lowing the effective date of the provision. In and preemption of laws restricting the flow for the costs of providing emergency medical addition, some state and local governments of information to and from the INS—the pro- services to non-legal aliens and PRUCOLs on visions would result in minor administrative would have to replace or modify equipment the condition that they follow verification costs for some state and local governments, in order to respond to the new requirements. procedures to be established by the Sec- but even in aggregate, CBO estimates these CBO estimates these one-time costs would retary of Health and Human Services, after amounts would be insignificant. consultation with the Attorney General and not exceed $5 million. The provision requiring agencies to notify Driver’s Licenses. Less than half of the state and local officials. Existing law re- certain aliens that their eligibility for bene- states include Social Security numbers on quires that state and local governments pro- fits has been terminated would impose direct vide these services and, under current all driver’s licenses or perform some type of costs on state and local governments. CBO verification with the Social Security Admin- matching requirements, pay approximately estimates such costs would be offset by sav- half of the costs. Ambiguities in the drafting istration. In fact, the states with the highest ings from caseload reduction resulting from populations tend to be the states that do not of the provision prevent CBO from esti- the notifications. Another provision—state mating its effect. have these requirements, and some state job service verification of employment eligi- laws prohibit the collection of Social Secu- While no reliable totals are available of bility—may result in significant administra- the amounts currently spent to provide the rity numbers for identification and driver’s tive costs; however, those costs are funded license purposes. CBO estimates that of the services, areas with large alien populations through federal appropriations. claim that this requirement results in a sub- 185 million driver’s licenses and identifica- 8. Appropriation or other Federal financial stantial drain on their budgets. For example, tion cards in circulation, less than 40 percent assistance provided in bill to cover mandate California, with almost half the country’s il- would be in compliance with the require- costs: None. legal alien population, estimates it spends ments of S. 269. Any driver’s license or iden- 9. Other impacts on State, local, and tribal over $350 million each year on these federally tification card that does not comply with governments: S. 269 contains many addi- mandated services. Although CBO cannot es- those requirements would be invalid for any tional provisions that, while not mandates timate the effects of Section 212 on state and evidentiary purpose. or changes to existing mandates, could have local governments, some idea of its potential Given the common use of these documents significant impacts on the budgets of state effects can be gained by looking at analogous as legal identifiers, CBO assumed that at and local governments. On balance, CBO ex- proposals for the Medicaid program. CBO es- least half of those individuals who currently pects that the provisions discussed in this timates that modifying Medicaid to reim- have driver’s licenses or identification cards section would result in an overall net sav- burse states and localities for the full cost of that do not meet the requirements of S. 269 ings to state and local governments. emergency care for illegal aliens would in- would seek early renewals. CBO assumed Means-tested Federal programs crease federal Medicaid payments to states that states would face additional printing S. 269 would result in significant savings to by $1.5 billion to $3 billion per year. costs of between $0.75 and $1.20 per docu- state and local governments by reducing the Pre- and Post—Partum Care. The bill would ment, increased administrative costs result- number of legal aliens receiving means-test- allow certain mothers who are non-legal ing from the influx of renewals, and, for ed benefits through federal programs, includ- aliens to qualify for pre- and post-partum some states, one time system conversion ing Medicaid, AFDC, and Supplemental Se- care under the Medicaid program. CBO does costs. We estimate that direct costs, assum- curity Income (SSI). These federal programs not have enough information to estimate the ing a limited number of additional renewal are administered by state or local govern- potential budget impacts to state and local requests, would total $80 million in the first ments and have matching requirements for governments of this provision. Such impacts year. If more people sought early renewals, participation. Thus, reductions in caseloads would depend critically on the type of docu- total costs could easily approach $200 million would reduce state and local, as well as fed- mentation demanded by the Secretary of in the first year. eral, outlays in these programs. CBO esti- HHS to prove that the mothers met the re- The driver’s license provisions in the bill mates that the savings to state and local quirement of 3 years of continuous residence would be effective immediately upon enact- governments would exceed $2 billion over the in the United States. ment. Because of the significant processing next five years. These are significant and 10. Previous CBO estimate: On March 13, and administrative changes that states real savings, but in general, the state and 1996, CBO prepared an intergovernmental would face under these requirements, CBO local impacts of these federal programs are mandates statement on H.R. 2202, an immi- has assumed that states would establish pro- not defined as mandates under Public Law gration reform bill reported by the House cedures for compliance in the year following 104–4. Committee on the Judiciary. (The bill was enactment. Consequently, the additional ex- S. 269 would reduce caseloads in means- subsequently passed by the House, with penditures resulting from reissuing licenses tested federal programs primarily by placing amendments.) That bill had many provisions and identification cards would occur in 1998. stricter eligibility requirements on both re- in common with S. 269. H.R. 2202 did not, Provision of Public Assistance to Aliens. It is cent and future legal entrants. The bill however, include any of the requirements re- possible that the administrative costs associ- would lengthen the time sponsored aliens lating to driver’s licenses, identification doc- ated with applying deeming requirements to must wait before they can go on AFDC or uments, or birth certificates that appear in some federal means-tested entitlement pro- SSI, and, most notably, apply such a waiting S. 269. In addition, the deeming restrictions grams would be considered mandate costs as period to the Medicaid program. S. 269 would in H.R. 2202 applied exclusively to future en- defined in Public Law 104–4. In entitlement also deny many means-tested benefits to trants; aliens who entered before the enact- programs larger than $500 million per year, PRUCOLs. Illegal aliens are currently ineli- ment date would not have been affected. an increase in the stringency of federal con- gible for most federal assistance programs Therefore, S. 269—which would apply deem- ditions is considered a mandate only if states and would remain so under the proposed law. ing to aliens who entered in the last five

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3296 CONGRESSIONAL RECORD — SENATE April 15, 1996 years as well as to future entrants—would dicted, ‘‘The march of freedom and de- opinion, should be treated separately. produce larger net savings in many benefit mocracy will leave Marxism and Len- They are distinct. I intend later on to programs. inism on the ash heap of history.’’ say more about this important issue. 11. Estimate prepared by: Leo Lex and Mr. President, in considering the ille- Karen McVey. Many of us remember how controver- 12. Estimate approved by: Paul N. Van de sial that statement was at the time. gal immigration bill, I voted for tough Water, Assistant Director for Budget Anal- Some in this country considered it un- penalties for those who violate our im- ysis. necessarily provocative, and thought migration laws, and I voted to expedite Mr. SIMPSON. Mr. President, I yield that it would inflame our enemies for the deportation of those violators. I am to the Senator from Ohio. really no good purpose. Mr. President, also proud to say that I sponsored an Mr. DEWINE. Mr. President, let me it may have been provocative, but it amendment to block the imposition of first state that I want to congratulate was absolutely, beyond a shadow of a unreasonable time limits on persons my colleague from Wyoming, as well as doubt, prophetic. It was true. In that seeking asylum from repressive and my colleague from Massachusetts, for speech, Ronald Reagan was trying to often life-threatening foreign regimes. not just the work they have done on unify the West. He wanted to unify the Our amendment sought to restore the this bill, but, frankly, for the work forces of freedom for what he knew, as status quo. they have done over the years on this others did not, would be the climactic Today, immigration authorities can- very tough, very contentious, very dif- days of the struggle against com- not enter farm property without a search warrant. The bill before the ficult, but very important issue of im- munism. migration. In the last resort, what President committee would have changed that I have heard my colleague from Wyo- Reagan appealed to in that speech was and would have allowed them to enter ming say on several occasions, as we really our sense of identity, who we property—to enter a farm—without that search warrant. I sponsored an have debated this bill in committee, were, who we are. This is what he said: that this is not really a bill or an issue amendment to make sure they did not Let us ask ourselves: What kind of a people get that evasive new power. that anyone gets a lot out of politi- do we think we are? And let us answer: Free Further, Mr. President, I cosponsored cally, and certainly not someone from people, worthy of freedom and determined an amendment with Senators ABRAHAM the State of Wyoming. I certainly con- not only to remain so, but to help others and FEINGOLD that would have removed cur in that and understand that. I want gain their freedom, as well. from the bill a provision that estab- to congratulate him for really doing Ronald Reagan expressed, better lishes a national employment the tough work of the U.S. Senate— than any political leader of my life- verification system and a national work that began in the 1980’s with the time, a sense of what America really standards for birth certificates and previous bill and continues on today. It is—‘‘the city on a hill, the land, the driver’s licenses. I believe that these is work that is many times not re- country of the future.’’ When Ronald Reagan was a boy growing up in Illi- provisions are unduly intrusive. And, warded politically, certainly not appre- quite frankly, I believe they are un- ciated many times, and is many times nois, he could still find Civil War vet- erans to talk to. In our time, over a workable. I further believe they would very controversial. I congratulate him cost taxpayers millions and millions century after the death of Abraham for that. and millions of dollars. Again, Mr. This has been a contentious bill. We Lincoln, Ronald Reagan reminded us President, I intend to say a great deal have had contentious debate in com- that America was still the last best more about this later on. mittee. The Senator from Wyoming hope of Earth. We must never, never Let me turn to the legal immigration and I have agreed on some issues and forget this, Mr. President. bill. On the legal immigration bill, To turn our backs on this legacy— disagreed on other issues. I imagine with Senators ABRAHAM and KENNEDY, this legacy of hope, optimism, openness that agreement and disagreement is I cosponsored an amendment to allow to the future—would be more than a probably going to continue on the floor legal immigrants to bring their fami- today, tomorrow, and maybe for the mistake in policy. It would, I believe, lies to join them here in the United rest of the week. Let me state that I do Mr. President, truly be a diminution of States. The bill, as originally written, appreciate very much his tremendous who we are as a people. That is what I tried to change the law allowing U.S. work, as well as the work of Senator believe this immigration debate is all citizens to bring their families to KENNEDY and, frankly, the work of all about. It is the same question Ronald America. The bill would have per- of the members of the subcommittee, Reagan asked to the British Par- mitted, as written, U.S. citizens to some of whom have been involved in liament: ‘‘What kind of people do we bring in only their spouses, minor chil- this task now for well over a decade. think we are?’’ dren, and in rare cases their parents. Mr. President, we are here on the Mr. President, America’s immigra- Under that provision, as the bill was floor today to discuss a fundamental tion policy defines who we are. It de- written before the amendment—I bring issue, a fundamental issue affecting the fines who gets into this country and this up because I am sure this issue is future of our country. Unlike most who does not get in. In the process, it going to come back again—a U.S. cit- bills that come before Congress, this says a lot about our national values. izen under that provision of the bill as immigration bill really gets to the Mr. President, we have been working written would have been permitted to question of our national identity. Un- on this bill in the Senate Judiciary bring some children in but not others. like most bills, this bill really speaks Committee for a number of weeks. I be- I believe that is bad national policy. It to who we are as a people, who we are lieve we made some progress in revis- undermines the family structure. And, as a nation. Quite frankly, also unlike ing the bill to reflect what I believe are frankly, in the history of civilization most bills we deal with, the impact of the basic American values. First, the there has never been a stronger support this bill is going to be felt in 2 years, committee split the portions of the bill structure than the family. 5 years, 10 years, 20 years, and 30 years, dealing with illegal immigration. An I also supported amendments that because when you make a determina- amendment was offered by Senator would continue to allow universities tion of who comes into this country ABRAHAM, myself, Senator KENNEDY, and businesses to bring in the best and and who does not come into this coun- Senator FEINGOLD, and others, to split the brightest to enrich our country. I try, the consequences are profound, the bill. The committee did, in fact, intend to return to that issue as well they are everlasting, and we have seen split the bill. It divided the bill into later. that, frankly, throughout the long his- those sections dealing with the treat- Mr. President, in all of our delibera- tory of our country. ment of persons who are in the United tions in the Judiciary Committee, I Mr. President, in the darkest days of States illegally from those provisions have stressed one key fact about Amer- the cold war, back when Brezhnev was that cover legal immigration. I support ica—the fact that throughout our na- still ruling what was then known as this split because I believe that the tional history, throughout our history, the Soviet Union, Ronald Reagan gave problem of illegal immigration is sub- the effect of immigration on this coun- a historic address to the British Par- stantially different from the issues try has been positive. Immigration has liament. It was in that famous speech raised by our legal immigration policy. helped form the basis for our pros- in June 1982 that President Reagan pre- And, therefore, these two issues, in my perity and our national strength. It has

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3297 made our country and the world a bet- the relatively small number of citizens (i) certification by the agency issuing the ter place. who are actually criminals. In fact, birth certificate, and. I tried to approach these difficult when we deal with the criminal record (ii) use of safety paper, the seal of the issuing agency, and other features designed issues keeping in mind that a fair, con- system, we know that literally life and to limit tampering, counterfeiting, and use trolled but open immigration policy is death decisions are being made based by impostors. in our national interest. I believe we on the accuracy of that criminal record Mr. President, I am going to talk have made the first significant steps in system, and we have spent hundreds of about this later, but I think it is im- this bill in the committee, in the millions of dollars to bring it up to portant to pause for a moment and amendment process, toward that goal. date, to make it more accurate, and look at what this section does because Mr. President, even though we man- yet we still know that it is highly error it does in fact tell each State in the aged to improve the bill in a number of prone. We still know the accuracy level country, each local jurisdiction what it ways, I still have some problems with is very, very low. has to do in regard to issuing birth cer- the present bill. In the name of pro- Mr. President, I shudder to think tificates. It in essence says for the 270 tecting our borders, this bill would im- what the inaccuracy rate will be in a million people in this country the birth pose serious burdens on law-abiding database big enough to include every certificate you have is valid; you just American citizens, and it would move single citizen and noncitizen residing cannot use it for anything. It is valid, America away from its extremely valu- in this country. I shudder to think of it is OK, but if you want to take a trip able centuries-old tradition of openness what the accuracy or the inaccuracy and you want to get a passport, you to new people and new ideas. level will be when we are dealing with have to go back to wherever you were Let me now go through the bill and a database where life and death deci- born and have them issue a new birth lay out some of the particular concerns sions are not actually being made but, certificate that complies with these I have about the bill as it is currently rather, where employment decisions national standards. before us today. are being made. The database will be Think about it. Think about what First, let me start with the very con- unreliable. It would be time con- impact this is going to have on the tentious issue of verification—the suming, and it would be expensive. local communities, the cost it is going verification of employment. To begin In fact, the only way to make a data- to have. Think about the inconven- with, the bill would create a massive base more reliable is frankly to make ience this is going to bring up for every time-consuming and error-prone bu- it more intrusive, and that clearly is American who uses a birth certificate reaucracy. As originally written, the what will happen. Once the pilot to do practically anything—getting a bill called for a process under which projects are running and we determine driver’s license, for example. And look every employer would have to contact how inaccurate that information is, at the language again. Not just no Fed- the Immigration and Naturalization once the complaints start coming in eral agency may accept for any official Service and Social Security Adminis- from prospective employees and from purpose a copy of a birth certificate tration to verify the citizenship of employers who are dialing the 1–800 unless it fits this requirement but then every prospective employee. My col- number, or putting the information in the language goes on further and says league from Ohio, Congressman STEVE and we find out how inaccurate that is, no State agency. CHABOT, called this 1–800–BIG-BROTH- there will be pressure to change it. And So here we have the Federal Govern- ER. I think he is right. We did succeed the pressure will be to make it, frank- ment saying to 50 States, no State in taking that provision out of the bill, ly, more intrusive—more information, agency shall be allowed to accept a or at least taking part of it out of the more accurate. I believe that it would birth certificate unless it fits the bill. But the long-term plan remains clearly lay the groundwork for a na- standards as prescribed by a bureau- the same. In fact, the bill now contains tional system within 3 years. crat in Washington, DC. Tenth amend- a provision calling for numerous enti- Let me turn, if I can, Mr. President, ment? Unbelievable, absolutely unbe- tlement programs to do the very same to my second concern about this bill. lievable. There are clear constitutional thing. That concerns the national standards law problems in regard to this. Senator I have had some experience in deal- for birth certificates and drivers’ li- THOMPSON, who is on the committee, ing with this kind of extremely large censes. Yes, you have heard me cor- raised these issues in the committee computerized database. My experience rectly. In this Congress where we have and it is clear that this section has is from my time as Lieutenant Gov- talked about returning power to the some very major constitutional law ernor in Ohio when we were dealing States, returning authority to the problems. with the criminal record system data- States, this bill calls for national, fed- Here is in essence what this means. base. I contend that what I have erally imposed and federally enforced The Federal Government will tell learned from trying to improve, cor- standards for birth certificates and every citizen that his or her birth cer- rect, and refine the criminal database drivers’ licenses. Here is what the bill tificate is no longer good enough for is very applicable and very relevant to says as written, as it is on the floor any of the major purposes for which it this whole discussion about our at- today. is used—not good enough for traveling, tempt to create a database for employ- Section 118. Improvements in Identifica- not good enough for getting married, ees and employers. tion-Related Documents. not good enough for going to school, When I was Lieutenant Governor, I (a) Birth certificates. not good enough for getting a driver’s was responsible for improving Ohio’s 1. Limitation on Acceptance. (A) No Fed- license. How about constituent prob- criminal database so that the police eral agency, including but not limited to the lems? We are all going to have to hire could have ready access to a suspect’s Social Security Administration and the De- more caseworkers back in our home full criminal record history. When I partment of State— States when this goes into effect just started on this project, I was shocked Listen to this: to answer the phone and listen to peo- to discover that in the State of Ohio— and no State agency that issues driver’s li- ple complain about this. How many these figures are true in most States— censes or identification documents, may ac- people every year turn 16 and get their only about 5 percent of the files, 5 per- cept for any official purpose a copy of a birth driver’s license? How many people cent of the computer information you certificate, as defined in subparagraph (5), every year want to travel overseas, got in a printout when you talked unless it is issued by a State or local govern- want to get a passport? Try telling about a suspect, it put a suspect’s ment registrar and it conforms to standards described in subparagraph (B). them that birth certificate you got name in and only about 5 percent of stuck in the drawer back home you Continuing the quote: the information was accurate in regard used 5 years ago for something else, (B) The standards described in this sub- to important facts—5 percent. ‘‘Yes, it is still OK, you cannot use it, In criminal records, we are dealing paragraph are those set forth in regulations promulgated by the Secretary of Health and you have to go get a new one.’’ Abso- with a database that we all know is im- Human Services, after consultation with the lutely unbelievable. portant, that the people know is impor- Association of Public Health Statistics and (Mr. CRAIG assumed the chair.) tant, that we take a great deal of care Information Systems, and shall include but Mr. DEWINE. This bill would require in maintaining, and that is limited to not be limited to. every local county to redo its entire

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3298 CONGRESSIONAL RECORD — SENATE April 15, 1996 birth certificate system in a new feder- passed by this Congress was legislation not exist. I will talk about this in a ally mandated format. The Federal to try to limit unfunded mandates. If moment. But, if we had been on the Government will be telling Greene this provision is not an unfunded man- floor a few years ago, no one could say County, OH, everything to do with the date, I do not know what is. It is going there was not a problem with the proc- certificate right down to what kind of to cost the States a lot of money to essing of asylums, with the number of paper to use. And the bill goes even comply. And it is going to cost tax- applications for asylum, because there further. Not only does it deal with payers, both through what it has cost was. But, frankly, changes have been birth certificates, it also deals with the States, but also through what it is made in the system, changes which driver’s licenses, and here is what the going to cost them in getting new birth have corrected the problem. There is bill says. Let me quote. certificates, new drivers’ licenses. not a massive influx of asylum seekers Each State’s driver’s license and identi- According to the Congressional Budg- into America and there is already a fication document shall be in a form con- et Office, these mandates would impose reasonable judicial process to deter- sistent with requirements set forth in regu- direct costs on States, direct costs on mine which applicants are worthy of lations promulgated by the Secretary of States and local communities of be- admission. Only about 20 percent of Transportation. tween $80 million to $200 million. Those asylum seekers get in, one of five gets It continues. of us who used to work at State and in anyway, through this normal, reg- Neither the Social Security Administra- local government know that $80 to $200 ular process. The system, frankly, is tion nor the passport office or any other Fed- million is an awful lot of money. It is not broken, and trying to fix it could eral agency or any State or local govern- real money. and would, in my opinion, do serious ment agency may accept for any evidentiary Finally, leaving decisions regarding harm to people who are trying to es- purpose a State driver’s license or identifica- what features these documents should cape oppression, torture, and even tion document in a form other than the form contain to Federal bureaucrats—and described in paragraph (3). death in their native lands. that is what this bill does, not to Con- That means every State will have to If you talk, as I have, to people in the gress but to Federal bureaucrats—I be- asylum community, people who deal issue federally mandated driver’s li- lieve is unwise and potentially dan- censes. It is my opinion this whole sec- with these issues and who deal with gerous. Under the current language of these people every day, they will tell tion of the bill, section 118, should be this bill, as we consider it today, the deleted. you that some of the most heart- Department of Health and Human wrenching cases involve people who are Now, I understand what my friend Services and the Department of Trans- from Wyoming is trying to accomplish so emotionally scarred by torture that portation could develop standards even it takes them more than a year to here. And it is a laudable goal. I under- more intrusive and even more costly stand what other proponents are trying come forward and seek asylum. Under than those spelled out in the original the original bill, aliens seeking asylum to accomplish. Most States would have legislation, because, really, the way no problem I think with an attempt to would have been required to file for the bill is written today, they have such asylum within 30 days of arriving improve their driver’s license. In fact, more freedom, more flexibility—the in my home State of Ohio we have in the United States. Along with Sen- bureaucrats do. ators KENNEDY, FEINGOLD, ABRAHAM come up in the last several years with I do not believe the setting of stand- a process that was put in place when I and others, I worked to defeat this pro- ards like these should be left to the vision during our work in the com- was Lieutenant Governor, with a brand Federal bureaucracy with nothing new driver’s license system, so when mittee. We were able to do that and to more than a requirement that they change it and to extend it to 1 year. your license comes up for its normal consult with outside groups. The bill renewal you have what we believe at This 1-year provision still causes prob- does not provide for any congressional lems. Let me talk about that. least is a tamperproof driver’s license. review of the standards, nor does it im- First, since the Immigration and I understand, and I think most States pose any limit on what HHS and DOT Naturalization Service imposed new want to move in that direction, most can mandate. The provision is ill-con- asylum application regulations in late States are in fact moving in that direc- ceived and contrary to any reasonable 1994, the flagrant abuses of the asylum tion, but to mandate this from Wash- concern for our liberties. I will urge it process have been substantially re- ington with the tremendous costs, and be deleted. duced already. not just the costs but the unbelievable Let me turn now to another area of disruption and inconvenience I think is concern. That has to do with the issue Second, it turns out that it is the just a serious mistake. There is some of asylum. The bill, as written, says people most deserving of asylum sta- great irony that this Congress, which something to people who want to apply tus, those under threat of retaliation, has very legitimately and correctly for asylum in America, and says it, those suffering physical or mental dis- been so concerned about turning power really, for the first time in our history. ability, especially when abused result- back to the States, should in this case I want to emphasize this. For the first ing from torture, who would most be be saying not only are we not turning time in our history, this is what we hurt by the imposition of any filing power back to the States, we are tak- will be saying to people who apply for deadline. ing power; we are taking a basic min- asylum: You must now apply for asy- The committee did make the change. isterial function of government, lum within a set period of time. It made the change to strike the 30-day issuing a birth certificate, a basic func- That may sound reasonable. First of provision by a vote of 16 to 1. But I be- tion of State government and county all, it is contrary to what we have done lieve we do need to go further and we government, local government, and previously in the long history of this need to restore the bill and the law to saying, ‘‘We are going to tell you how country. And, I think, on closer exam- the status quo. The committee passed to do it, and if you don’t do it our way, ination, as we go through this, it will an amendment by the distinguished you can’t use that document even for become clear why this seemingly inno- Senator from Colorado [Mr. BROWN]. State purposes.’’ To me that is just cent provision will inevitably lead to Senator BROWN’s language is currently wrong. It is taking us in the wrong di- some very, very great hardships for in the bill, and I believe, as I said, it is rection. some of the most abused people in the far better than the original 30-day Mr. President, this Congress has re- world. It says that an asylum seeker limit. But I do remain convinced the vived this great tradition, American must apply within 1 year of arriving in arguments that were so simple and tradition of State and local and indi- this country or else get a special excep- compelling against the 30-day time vidual freedom as enshrined in the 10th tion from some bureaucrat for ‘‘good limit are equally compelling against amendment. cause.’’ You get an exception for good the provision as it stands now. Let me To impose this huge new burden on cause. What constitutes good cause for talk about that. individuals and on local communities an exception is, again, up to the Fed- First, because the asylum system will surely violate that principle. In eral bureaucracy to define. works, and works pretty well—I do not fact, if we can think back that far, 15, I think this is a terrible solution. It think there is any dispute about that— 16 months ago, one of the first bills is a solution for a problem that does we simply do not need a time limit for

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3299 asylum seekers. As I stated, we ac- time limit—any time limit—will place deadlines. I know proponents of a time knowledged several years ago the asy- these people at risk. limit will argue that the bill does con- lum system was in fact broken and Let us talk now about some real peo- tain an escape clause, and it does on there were serious problems. Under the ple. paper, the good-cause provision. But I old system, people could get a work au- One man, whose name is Gabriel, had think it is significant to point out that thorization simply by applying for asy- a father who was chairman of a social under this good-cause provision, the lum. That is what they did, and that democratic party in Nigeria. His father burden is on the applicant to show was the hole. was arrested many times. His half- good cause. And the question of what This opportunity became a magnet, brother was executed for opposing the constitutes good cause is really an- even for those who had absolutely no military regime. Gabriel participated other problem with the bill. realistic claim for asylum. But the INS in a student demonstration. He was ar- In the report language, it says good changed this. When the INS changed rested and imprisoned back home for 8 cause ‘‘could include’’—note that, Mr. its rules in late 1994, it stopped auto- months. He was tortured by guards who President, not ‘‘must’’ or ‘‘should’’ but matically awarding work permits for carved the initials of the ruling general ‘‘could’’ include—‘‘circumstances that those filing for asylum, and it got rid into his stomach and then sprayed pep- changed after the applicant entered the of a great deal of the problem. The INS per on the wounds. They whipped him, United States’’—I am quoting now— then began to require an adjudication and they forced him to drink his own ‘‘or physical or mental disability, or of the asylum claim before it awarded urine. threats of retribution against the ap- work authorizations. It also, at the Gabriel fled to the United States and, plicant’s relatives or other extenuating same time, began resolving asylum understandably, he was terrified that if circumstances.’’ claims within 180 days. he applied for asylum, he would be sent The report, as written, would allow The results are significant. Accord- back to Nigeria where he could be mur- the issuance of Federal regulations ing to the INS, in 1994, before the new dered. He only applied for asylum after that might exclude the very type of ap- rules were put in place, 123,000 people he was arrested by the INS, 5 years plicants that the committee specifi- claimed asylum. In 1995, after the new after coming to America. cally intended to include. I believe that rules were established, only 53,000 peo- Let me give another example—and we should reject the time limit out- ple even applied for asylum. Instantly the list goes on. Another man was a right. We are not really talking about you went from 123,000 who applied one member of his country’s government in mere legalisms here. I think what is at year, the next year down to 53,000; that exile, elected in a democratic election stake is a fundamental reassertion of a is a 57 percent decline in just 1 year. that was later annulled. When the mili- truly basic, bedrock value of America: Also, the INS reports it is now com- tary took over his country, many of the opportunity to apply for asylum, pleting 84 percent of the new cases the members of the government were the opportunity to use this country as within 60 days of filing and 98 percent, tortured and imprisoned. This par- a refuge. virtually all new cases, within 180 days ticular man fled his country and came I think it is important to note, as I of filing. Maybe that is why the admin- to the United States where he sought did a moment ago, that there is not a istration, the INS, opposed any time the United Nations’ help in restoring problem. The INS has already taken limit on filing. The new system works. democracy at home. He sought resi- care of this problem. What this bill It is not broken. It does not need to be dence in other countries, and he was does is create a problem—not for us, fixed. concerned that application for asylum but what it will do is create a problem The new system works, and the new in this country would be used for prop- for people who are among the most deadlines would—and here I quote the aganda purposes by the military at his abused, who have suffered the most and INS Commissioner. Here is what she home country. who seek freedom in this country. says. The new proposal would ‘‘divert Fifteen months after arriving in the I am reminded in this context of an- resources from adjudicating the merits United States, he did seek asylum. Al- other story that President Reagan used of asylum applications to adjudication though he was highly educated, al- to tell. He said, ‘‘Some years ago, two of the timeliness of filing.’’ So what though he was proficient in the English friends of mine were talking with a the INS is saying is that we fixed this language, it took this man over 2 Cuban refugee who had escaped from problem, it is working, do not give us months to file that application. He was Castro. In the midst of the tale of hor- another mandate. Do not shift us over finally granted asylum in the United rible experiences, one friend turned to here, so we have to have separate adju- States, but to this day, he has asked the other and said, ‘We don’t know how dications about the timeliness and that his name, that his home country lucky we are.’ One Cuban stopped and then go over and adjudicate the merits. and the fact that he sought asylum be said, ‘How lucky you are? How lucky Let us proceed the way we are doing held in the strictest confidence. He is you are? I have someplace to escape today. It is working. still fearful. to.’’’ Point No. 2, why we really should not A third example. Another man was a At this point, as he told the story, have this time limit. This, to me, is the political dissident against the regime President Reagan looked out at Amer- most compelling, because the facts are in Zaire. He published an article about ica and drew his conclusion, and this is the most worthy cases for asylum the slaughter of students who had dem- what he said: ‘‘Let’s keep it that way.’’ would be excluded if we impose a dead- onstrated against the regime, and that Mr. President, let us keep it that line. was one of the political offenses that way. Let us keep the light on over the Among those excluded would be cases ultimately landed this man in jail. In door of America for some people who of victims of politically motivated tor- prison, the guards beat him, the guards very desperately need that light, who ture and rape, the very people who raped him. When he came to the United need that hope. need more time to apply, the very peo- States, he was simply unable to talk Let me turn to another issue, and ple who deadlines would hurt the most. about his story. His Christian beliefs that is amendments that we may see These are the people who have suffered did not permit him to use the words on the floor concerning family. I want a great trauma that prevents them necessary to describe the terrible tor- to turn now to some other provisions in from coming forward. These are the tures he had undergone. It was only the original bill that we managed to people who fear that coming forward after many meetings with legal rep- alter and change in committee but that for asylum would threaten their fami- resentatives that he was finally able to may come up on the floor as amend- lies and friends in their home coun- tell his story. He finally applied for ments. tries. These are the two types of peo- asylum over a year after entering the One of the most important of these ple, Mr. President, for whom time is United States. issues had to do with the meaning of important. Those are just three examples, Mr. family. The original bill fundamentally Time can cure the personal trauma President. There really is practically changed the definition of a nuclear and culture shock that prevents them no end to these examples, practically family. The original bill said to U.S. from seeking asylum. Time can allow no end to worthy cases that would be citizens that they could continue to conditions to change back home. A foreclosed should we decide to apply bring their children to America but

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3300 CONGRESSIONAL RECORD — SENATE April 15, 1996 only—this is to U.S. citizens now, said of illegal immigration is decidedly dis- born citizens. Again, the point I made to U.S. citizens—they could continue tinct from the issue of legal immigra- a moment ago. to bring their children to America but tion. Let us turn, Mr. President, to an- only if the children are under 21, and I think that the biggest mistake of other dangerous stereotype frequently they could only bring their parents to the original bill was to combine the asserted. That is, that one-half of our America if the parents are over 65 and issues of legal and illegal immigration. illegal immigration problem stems the majority of their children live in Illegal immigrants are lawbreakers. from people who first came here le- America. That is the fact. Frankly, Mr. Presi- gally. Let me repeat it. Let me repeat The original bill even went so far as dent, no society can exist that allows this. The statement is made that one- to say that if a child was a minor but disrespect for the law. half of our illegal immigration problem that child was married, that child On the other hand, legal immigrants stems from people who first came here could not come to this country either. are people who follow the law. They are legally. Well, that is true. You could not bring that minor child an ambitious and gutsy group. They That is a true statement. But it is to the country if he or she decided to are people who have defined themselves only true as far as it goes. In fact, Mr. get married. by the fact they have been willing to President, it is a very misleading state- Mr. President, in a time when every- come here, play by the rules, build a ment. What the people who say this are one agrees that the fundamental prob- future, and take chances. To lump talking about is not legal immigrants lem in America is a family break- them in, Mr. President, legal immi- who stay here and somehow become il- down—I do not think anyone on the grants, with people who violate the law legal; they are talking instead about floor disagrees with that—I think it is is wrong. We simply should not do it. students and tourists who had the right senseless to change the law to help Historically Congress has treated legal to visit America legally. They never break up families. immigration and illegal immigration were legal immigrants in the classic In the committee I kind of related separately. Father Hesburgh in his 1981 sense. They had the legal right to be this to my own life and my own experi- report indicated that Congress should here, but they were not legal immi- ence and pretended for a moment with control illegal immigration, while grants. These are students, tourists my family situation, if I was a new cit- leaving the door open to legal immi- who come here legally, and then who izen in this country, if I had come from gration. stay and do not leave when they are another country and was a naturalized Congress has in fact done this over supposed to leave. That is a huge prob- citizen. Frankly, Mr. President, in my the years and kept the issue separate. lem in this country. But it is not a situation I have trouble saying that In 1986 Congress dealt with illegal im- problem of legal immigrants. my 4-year-old daughter Anna—or Anna migration. In 1990 Congress dealt with These people who are creating this who is going to in 2 days become 4 legal immigration. In fact, Mr. Presi- problem were never legal immigrants. years old—is a central part of my nu- dent, the very immigration bill that is By definition, Mr. President, legal im- clear family, but my 28-year-old son before us today started its legislative migrants are people who are allowed to Patrick is not; he is now part of my ex- career as a piece of legislation separate stay. Legal immigrants by definition tended family; my 27-year-old daugh- from the bill covering legal immigra- are here legally. They are not the prob- ter, Jill, she is not part of my nuclear tion. It was only late in the sub- lem. Mr. President, this is also an impor- family anymore, she is part of my ex- committee markup that the bills be- tant source of confusion on the ques- tended family. That is what the bill came joined. tion of whether immigration is rising had originally said. These issues, Mr. President, have rapidly. Some people claim, for exam- Finally, the bill also originally said— been treated separately for many ple, that legal immigration is sky- I cannot understand this either—that years. They have been treated sepa- rocketing. They base their contention MIKE DEWINE, as an only child I could rately for one simple reason—they on INS numbers that include as legal bring my parents into the country if present different issues. They are dif- immigrants illegal immigrants who are they are over 65, but my wife Frances ferent. To treat them together is to in- made legal by the 1986 Immigration Re- DeWine could not bring her parents vite repetition of numerous totally form and Control Act. into the country because she is one of false stereotypes. The combining of the Mr. President, if you take the total six. She, as one of six, she could not bills leads, I think, to the merging of number of legal immigrants and sub- bring her parents into the country— the thought process into a great deal of tract those that were illegal before the only if a majority of her siblings actu- confusion. 1986 act, you find that legal immigra- ally lived in the United States and Let me give an example. Say, for ex- tion has been holding at fairly con- were citizens in the United States. ample, that aliens are more likely than stant levels. That is what the facts are. Again, it does not make any sense. I native-born Americans to be on welfare Let me just give an example, Mr. think we are going to end up revisiting and food stamps or Medicaid. But the President. In the 1990’s, we have had this issue. I think it is going to come fact is, Mr. President, this generaliza- about 2.8 immigrants for every 1,000 back up. tion is not true about legal immi- Americans. Is that a lot? Well, we Mr. President, at a time when Con- grants. The statement I just made is could judge for ourselves. The first two gress has acted to rein in public assist- wrong in regard to legal immigrants. If decades of the century, to make a com- ance programs, I do not believe we you separate out the legal immigrants, parison, the rates were 10.4 per 1,000 should deprive people the most basic you find when you are talking about and 5.7 per 1,000. support structure there is, their imme- legal immigrants that they are no Mr. President, I do not think know- diate family. It just does not make more likely than native-born Ameri- ing what we know now, that it would sense. Mr. President, we took these cans to be applicants of social welfare have been wise to say in 1910 that there family limitation provisions out of the services. In fact, legal immigrants who were too many immigrants coming bill in committee. I hope that we will become naturalized citizens are less into America. It was precisely that be able to sustain this on the floor and likely—let me repeat—less likely to go generation of immigrants at the turn we will not change this. on public assistance than native-born of the century that coincided with Let me turn finally to one more Americans. That is what the facts are. America’s transition from the periph- issue, that has to do with the linkage Now, a recent study, Mr. President, ery of world events to the status of a of this bill. I believe it was a mistake points to the same fact. It found that global superpower. in the original bill to combine the foreign-born individuals were 10 to 20 Mr. President, let me stop. I have al- issues of legal and illegal immigration. percent more likely than native-born most concluded, but let me stop at this For my colleagues watching on TV or Americans to need social services. That point to yield to my friend, Senator on the floor who are not on the com- is an alarming statistic, if you just SIMPSON from Wyoming. mittee, we separated this in com- stop there. But if you go further, and if Mr. SIMPSON. Mr. President, I ap- mittee. What you have before you are you exclude refugees from the total, preciated very much my friend, the two separate, distinct bills. I think it the foreign-born individuals are consid- Senator from Ohio, yielding. I cer- should stay that way because the issue erably less likely to do so than native- tainly would yield additional time. But

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3301 we have a time constraint with the ‘(6) STUDENT VISA ABUSERS.—Any alien de- ally enrolled and attending our ranking member and would like to, at scribed in section 101(a)(15)(F) who is admit- schools. It is obviously an important the direction of the majority leader, ted as a student for study at a private ele- opportunity for students to be able to present some amendments for disposi- mentary school or private secondary school come to the universities here in the and who does not remain enrolled, through- tion tomorrow. So, with that expla- out the duration of his or her elementary or United States. They should be wel- nation, let me proceed. secondary school education in the United comed. They should have an oppor- AMENDMENT NO. 3669 States, at either (A) such a private school, or tunity to be in compliance with the (Purpose: To prohibit foreign students on F– (B) a public elementary or public secondary university rules. 1 visas from obtaining free public elemen- school (if (I) the alien is in fact reimbursing This is really, first, a pilot program tary or secondary education) such public elementary or public secondary and, second, an attempt to find out Mr. SIMPSON. Mr. President, I sub- school for the full, unsubsidized per-capita what happens to these students when cost of providing education at such school to mit to the desk Simpson amendment they are here and also what happens to an individual pursuing such a course of them afterward. We do not have that No. 1 and ask that it be stated. study, or (II) the school waives such reim- The PRESIDING OFFICER. The bursement), is deportable.’.’’. kind of information. There are reports that individuals just get the permis- clerk will read the amendment. The PRESIDING OFFICER. Without The legislative clerk read as follows: sion to come here, maybe take one objection, the pending amendment will course, and effectively are ‘‘gaming’’ The Senator from Wyoming, [Mr. SIMP- be set aside. SON], proposes amendment numbered 3669. the system to circumvent other provi- The Dorgan amendment is set aside. Mr. SIMPSON. Mr. President, I ask Mr. SIMPSON. Mr. President, let me sions of the legislation. That clearly unanimous consent that further read- describe the amendment briefly. It is was never the intention. It seems to me this is a worthwhile ing of the amendment be dispensed intended to prevent foreign students program. It is targeted. It is limited. with. coming to the United States to obtain There is an important need to under- The PRESIDING OFFICER. Without a free taxpayer-financed education at a stand exactly what is happening with objection, it is so ordered. public elementary or secondary school. The amendment is as follows: many of these students. I support the This is a growing problem. Children are program. (1) After sec. 213 of the bill, add the fol- coming to the United States and stay- lowing new section: I just wondered if I could ask the ing with friends or relatives or even ‘‘SEC. 214. USE OF PUBLIC SCHOOLS BY NON- Senator a question. In the amendment, IMMIGRANT FOREIGN STUDENTS. strangers to whom they pay a fee and it says that students must be making ‘‘(a) PERSONS ELIGIBLE FOR STUDENT attending public schools as residents of ‘‘normal progress’’ toward a degree in VISAS.—Section 101(a)(15)(F) (8 U.S.C. the school district. order to keep the visa. Do you agree 1101(a)(15)(F)) is amended— The amendment prohibits counselor ‘‘(1) in clause (i) by striking ‘academic with letting the universities them- offices issuing visas for attendance at selves make a decision about whether high school, elementary school, or other aca- such public schools or the INS approv- demic institution or in a language training the student is in good academic stand- program’ and inserting in lieu thereof ‘public ing such cases unless the foreign stu- ing or make a reasonable attempt to elementary or public secondary school (if the dent can demonstrate they will reim- define that in a reasonable way? alien shows to the satisfaction of the con- burse the school, public elementary or Mr. SIMPSON. In connection with sular officer at the time of application for a secondary school, ‘‘for the full, unsub- that amendment, that is correct. visa, or of the Attorney General at the time sidized per capita cost’’ of providing Mr. KENNEDY. I thank the Senator. of application for admission or adjustment of such education, or unless the school I hope that we will pass this. status, that (I) the alien will in fact reim- waives reimbursement. Mr. President, I understand the burse such public elementary or public sec- The amendment also provides for the amendment is going to be one of the ondary school for the full, unsubsidized per- exclusion and deportation of students capita cost of providing education at such amendments that will be offered, and school to an individual pursuing such a who are admitted to attend private ele- now the one we have before the Senate course of study, or (II) the school waives mentary or secondary schools but who prohibits kids on the student visas such reimbursement), private elementary or do not remain enrolled at such private from attending public schools—our ele- private secondary school, or postsecondary schools for the duration of their ele- mentary and secondary schools—at the academic institution, or in a language-train- mentary or secondary study in the taxpayers’ expense unless it is part of ing program’; and United States. This provision is de- an exchange program. That is a wise ‘‘(2) by inserting before the semicolon at signed to prevent students from obtain- the end of clause (ii) the following: ‘: Pro- amendment. vided, That nothing in this paragraph shall ing admission to a private school and As I pointed out, if one games—a stu- be construed to prevent a child who is then switching to a taxpayer-funded dent is to attend a private school and present in the United States in a non- public school soon after arrival in the then circumstances change. They immigrant status other than that conferred United States. should not undermine the basic reason by paragraph (B), (C), (F)(i), or (M)(i), from It would not prevent those children that they were able to get here, and seeking admission to a public elementary who are validly in the United States as that was to attend the private school school or public secondary school for which dependents of persons lawfully residing and pay the normal tuition, and to such child may otherwise be qualified.’; here from applying for admission to change to a public school at the ‘‘(b) EXCLUSION OF STUDENT VISA ABUS- public schools, nor would it prevent public’s expense. I think that is cer- ERS.—Section 212(a) (8 U.S.C. 1182(a)) is amended by adding at the end the following public schools from hosting foreign ex- tainly consistent with fairness to tax- new paragraph: change students who would continue to payers in that local community. I ‘(9) STUDENT VISA ABUSERS.—Any alien de- be admitted as exchange visitors on think it makes sense. I intend to sup- scribed in section 101(a)(15)(F) who is admit- ‘‘J’’ visas. port that amendment. ted as a student for study at a private ele- The amendment is designed, however, Mr. SIMPSON. Mr. President, I ask mentary school or private secondary school to deal with the problem of the ‘‘para- that amendment be submitted tomor- and who does not remain enrolled, through- chute kids’’ which Senator FEINSTEIN row. I ask for the yeas and nays and out the duration of his or her elementary or secondary school education in the United dealt with previously—which has re- that the vote be held at a time conven- States, at either (A) such a private school, or ceived rather thorough attention— ient to the majority and minority lead- (B) a public elementary or public secondary those who come here to receive a U.S. ers. school (if (I) the alien is in fact reimbursing education at taxpayer expense. I withhold that request, Mr. Presi- such public elementary or public secondary Mr. KENNEDY. Mr. President, as the dent. school for the full, unsubsidized per-capita Senator has pointed out, this was in Mr. KENNEDY. As I understood, it is cost of providing education at such school to the initially proposed legislation. It is, the intention in terms of expediting an individual pursuing such a course of I think, a justified and wise amend- the consideration of the legislation on study, or (II) the school waives such reim- ment. these three amendments—there may be bursement), is excludable.’; and ‘‘(c) DEPORTATION OF STUDENT VISA ABUS- And I understand that the Senator those who are returning to the Senate ERS.—Section 241(a) (8 U.S.C. 1251(a)) is will also be offering shortly a pilot pro- who may want to have an observation amended by adding at the end the following gram for ensuring that foreign stu- about it so as to protect their inter- new paragraph: dents here on student visas are actu- ests—that the Senator was going to

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3302 CONGRESSIONAL RECORD — SENATE April 15, 1996 ask unanimous consent that the time (A) have the status, or are applying for the Secretary jointly determine is necessary to for the votes on these measures be set status, of nonimmigrants under section recover the costs of conducting the informa- by agreement by the majority and mi- 101(a)(15)(F), (J), or (M) of the Immigration tion-collection program described in sub- nority leaders, that the schedule for and Nationality Act (8 U.S.C. 1101(a)(15)(F), section (a), but may not exceed $100. (J), or (M)); and ‘‘(4) Funds collected under paragraph (1) the particular votes on all three would (B) are nationals of the countries des- shall be available to the Attorney General be set by the majority and minority ignated under subsection (b). and the Secretary, without regard to appro- leaders at an appropriate time for the (2) The pilot program shall commence not priation Acts and without fiscal year limita- leadership. That seemed to be a reason- later than January 1, 1998. tion, to supplement funds otherwise avail- able request. These are amendments (b) COVERED COUNTRIES.—The Attorney able to the Department of Justice and the that are related to the legislation and General and the Secretary of State shall department of State, respectively.’’ which the committee had some oppor- jointly designate countries for purposes of (3) The amendments made by paragraphs subsection (a)(1)(B). The Attorney General tunity to review before. It is just an at- (1) and (2) shall become effective April 1, and the Secretary shall initially designate 1997. tempt to move this process along that not lees than five countries and may des- (f) JOINT REPORT.—Not later than five we are trying to devise a path so we ignate additional countries at any time years after the commencement of the pilot could begin to consider the legislation. while the pilot program is being conducted. program established under subsection (a), We temporarily set aside the Dorgan (c) INFORMATION TO BE COLLECTED. the Attorney General and the Secretary of amendment. That can always be called (1) IN GENERAL.—The information for col- State shall jointly submit to the Committees back at any time. What now is being lection under subsection (a) consists of— on the Judiciary of the United States Senate (A) the identity and current address in the and House of Representatives on the oper- asked is that these three amendments United States of the alien; would appear, one amendment after an- ations of the pilot program and the feasi- (B) the nonimmigrant classification of the bility of expanding the program to cover the other, temporarily setting it aside, and alien and the date on which a visa under the nationals of all countries. it would be the intention of the Sen- classification was issued or extended or the (g) WORLDWIDE APPLICABILITY OF THE PRO- ator from Wyoming to ask for the yeas date on which a change to such classification GRAM.—(1)(A) Not later than six months and nays on all three and to have the was approved by the Attorney General; and after the submission of the report required votes stacked in the order which the (C) the academic standing of the alien, in- by subsection (f), the Secretary of State and majority and minority leaders care to cluding any disciplinary action taken by the the Attorney General shall jointly com- college or university against the alien as a mence expansion of the pilot program to have. result of the alien’s being convicted of a Mr. SIMPSON. Mr. President, to ex- cover the nationals of all countries. crime. (B) Such expansion shall be completed not pedite the process, let me withhold fur- (2) FERPA.—The Family Educational later than one year after the date of the sub- ther action on amendment No. 1 and Rights and Privacy Act of 1974 (20 U.S.C. mission of the report referred to in sub- submit amendment No. 2 and amend- 1232g) shall not apply to aliens described in section (f). ment No. 3, speak on all three of them subsection (a) to the extent that the Attor- (2) After the program has been expanded, together, the purpose being that the ney General and the Secretary of State de- as provided in paragraph (1), the Attorney majority leader had requested our as- termine necessary to carry out the pilot pro- General and the Secretary of State may, on gram. a periodic basis, jointly revise the amount of sistance in bringing appropriate (d) PARTICIPATION BY COLLEGES AND UNI- amendments before the body tomor- the fee imposed and collected under section VERSITIES.—(1) The information specified in 281(b) of the Immigration and Nationality row, stacking those amendments. subsection (c) shall be provided by approved Act in order to take into account changes in These are three amendments that are colleges and universities as a condition of— the cost of carrying out the program. (A) the continued approval of the colleges submitted. There may be controversy (h) DEFINITION.—As used in this section, that is not expressed today. If that is and universities under section 101(a)(15)(F) or the phrase ‘‘approved colleges and univer- so, set a time limit tomorrow to do (M) of the Immigration and Nationality Act, sities’’ means colleges and universities ap- or proved by the Attorney General, in consulta- that. (B) the issuance of visas to aliens for pur- tion with the Secretary of Education, under The purpose is to submit these three poses of studying, or otherwise participating, subparagraph (F), (J), or (M) of section amendments, move them forward with at such colleges and universities in a pro- 101(a)(15) of the Immigration and Nationality the yeas and nays, let the majority gram under section 101(a)(15)(J) of such Act. Act (8 U.S.C. 1101(a)(15)). leader and minority leader define in (2) If an approved college or university the context and the time limit as to fails to provide the specified information, Mr. SIMPSON. Mr. President, this is what they wish to do with them tomor- such approvals and such issuance of visas the amendment, amendment No. 1 and row. That is the purpose. shall be revoked or denied. No. 2, that Senator KENNEDY addressed, (e) FUNDING.—(1) The Attorney General and to enable the INS to keep track of for- AMENDMENT NO. 3670 the Secretary shall use funds collected under eign students studying in the country. (Purpose: To establish a pilot program to section 281(b) of the Immigration and Na- The amendment provides a source of collect information relating to non- tionality Act, as added by this subsection, to immigrant foreign students) pay for the costs of carrying out this section. funding for INS to establish a very Mr. SIMPSON. Mr. President, I send (2) Section 281 of the Immigration and Na- basic system for keeping track of for- an amendment to the desk and ask for tionality Act (8 U.S.C. 1351) is amended— eign students. It is a measure sup- its immediate consideration. (A) by inserting ‘‘(a)’’ after ‘‘SEC. 281.’’; ported by the FBI Director, who ex- and The PRESIDING OFFICER. The pressed concerns at our ability to track (B) by adding at the end the following: such students in a 1994 memorandum clerk will report. ‘‘(b)(1) In addition to fees that are pre- The legislative clerk read as follows: scribed under subsection (a), the Secretary of regarding possible tariffs. It is not an intrusive provision. I answered a ques- The Senator from Wyoming [Mr. SIMPSON] State shall impose and collect a fee on all proposes an amendment numbered 3670. visas issued under the provisions of section tion of Senator KENNEDY to indicate that. Mr. SIMPSON. Mr. President, I ask 101(a)(15)(F), (J), or (M) of the Immigration and Nationality Act. With respect to visas Colleges and universities are already unanimous consent further reading be issued under the provisions of section required to provide this sort of infor- dispensed with. 101(a)(15)(J), this subsection shall not apply The PRESIDING OFFICER. Without mation to the INS. The problem in the to those ‘‘J’’ visa holders whose presence in past has been that the INS has not de- objection, it is so ordered. the United States is sponsored by the United voted such resources to this activity to The amendment is as follows: States government.’’ At the appropriate place, insert the fol- ‘‘(2) The Attorney General shall impose create a body of reliable information. lowing new section: and collect a fee on all changes of non- The amendment’s aim is to provide the SEC. . PILOT PROGRAM TO COLLECT INFORMA- immigrant status under section 248 to such funding so the INS can implement a TION RELATING TO NONIMMIGRANT classifications. This subsection shall not system to keep track of foreign stu- FOREIGN STUDENTS. apply to those ‘‘J’’ visa holders whose pres- dents studying here, and it seems rea- (a) IN GENERAL.—(1) The Attorney General ence in the United States is sponsored by the sonable such funding should come from and the Secretary of State shall jointly de- United States government.’’ the students themselves and not from velop and conduct a pilot program to collect ‘‘(3) Except as provided in section 205(g)(2) electronically from approved colleges and of the Immigration Reform Act of 1996, the the taxpayers. universities in the United States the infor- amount of the fees imposed and collected A student who is willing to pay mation described in subsection (c) with re- under paragraphs (1) and (2) shall be the $10,000 or $20,000 in this country, or spect to aliens who— amount which the Attorney General and the $80,000 to $100,000 through the entire

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3303 curriculum, is not likely to be seri- manent aliens, or residents who falsely AMENDMENT NO. 3672 TO AMENDMENT NO. 3667 ously concerned about paying the addi- claim citizenship, risk deportation and Mr. SIMPSON. Mr. President, I send tional fee of $50 or $100 for the issuance being permanently barred from enter- an amendment to the desk and ask for of the student visa in accordance with ing the United States. Since they are its immediate consideration. this amendment. work-authorized, they would have lit- The PRESIDING OFFICER. The I ask unanimous consent that the tle reason to make a false claim of citi- clerk will report. amendment be laid aside. zenship. The legislative clerk read as follows: The PRESIDING OFFICER. Without Illegal aliens, on the other hand, The Senator from Wyoming [Mr. SIMPSON] objection, it is so ordered. would know that they could not be proposes an amendment numbered 3672 to AMENDMENT NO. 3671 verified if they admitted to being Amendment No. 3667. (Purpose: To create new ground of exclusion aliens and the verification process were Mr. SIMPSON. Mr. President, I ask and of deportation for falsely claiming U.S. conducted. Yet, they would also know, unanimous consent that reading of the citizenship) if they falsely claim to be citizens and amendment be dispensed with. Mr. SIMPSON. Mr. President, I send were caught and apprehended, they The PRESIDING OFFICER. Without an amendment to the desk and ask for would be deported and permanently objection, it is so ordered. its immediate consideration. barred. Thus, the risk involved in mak- The amendment is as follows: The PRESIDING OFFICER. The ing the false claims would be high for Strike all after the word ‘‘Sec.’’ and insert clerk will report. them indeed. If the present amendment the following: The legislative clerk read as follows: were enacted into law, that would be (1) social security is supported by taxes de- The Senator from Wyoming [Mr. SIMPSON] the case. If the amendment were en- ducted from workers’ earnings and matching proposes an amendment numbered 3671. acted and the project involving citizen deductions from their employers that are de- attestation were conducted, a signifi- posited into independent trust funds; Mr. SIMPSON. Mr. President, I ask (2) over 42,000,000 Americans, including unanimous consent that reading of the cant number even of illegal aliens may well be deterred from seeking jobs in over 3,000,000 children and 5,000,000 disabled amendment be dispensed with. workers and their families, receive social se- The PRESIDING OFFICER. Without the United States. That is the basis of curity benefits; objection, it is so ordered. the third and final amendment, which I (3) social security is the only pension pro- The amendment is as follows: submit this evening. gram for 60 percent of older Americans; After section 115 of the bill, add the fol- Mr. KENNEDY. Mr. President, I (4) almost 60 percent of older beneficiaries lowing new section: think this is a good amendment. It is depend on social security for at least half of their income and 25 percent depend on social ‘‘SEC. 115A. FALSE CLAIMS OF U.S. CITIZENSHIP. instructive to put it in at this time be- security for at least 90 percent of their in- ‘‘(a) EXCLUSION OF ALIENS WHO HAVE cause I think this might be able to add come; FALSELY CLAIMED U.S. CITIZENSHIP.—Section a dimension in being more effective in (5) 138,000,000 American workers pay taxes 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by terms of protecting Americans in job into the social security system; adding at the end the following new subpara- situations. I think, first, as the Sen- (6) social security is currently a self-fi- graph: ator pointed out, if the person rep- nanced program that is not contributing to ‘(D) FALSELY CLAIMING CITIZENSHIP.—Any resents that they are a citizen and they the Federal budget deficit; in fact, the social alien who falsely represents, or has falsely are not and they get the job, they are security trust funds now have over represented, himself to be a citizen of the $400,000,000,000 in reserves and that surplus United States is excludable.’; and undermining the ability of the Amer- will increase during fiscal year 1995 alone by ‘‘(b) DEPORTATION OF ALIENS WHO HAVE ican to have the job. an additional $70,000,000,000; FALSELY CLAIMED U.S. CITIZENSHIP.—Section Second, if they do it in terms of the (7) these current reserves will be necessary 241(a) (8 U.S.C. 1251(a)) is amended by adding welfare provisions, they are basically to pay monthly benefits for current and fu- at the end the following new paragraph: undermining the American taxpayers ture beneficiaries when the annual surpluses ‘(6) FALSELY CLAIMING CITIZENSHIP.—Any and doing it for fraudulent reasons. turn to deficits after 2018; alien who falsely represents, or has falsely The penalty would be deportation or (8) recognizing that social security is cur- represented, himself to be a citizen of the exclusion, as I understand the amend- rently a self-financed program, Congress in United States is deportable.’.’’. ment. So it seems to me to make a 1990 established a ‘‘firewall’’ to prevent a Mr. SIMPSON. Mr. President, this good deal of sense from any point of raid on the social security trust funds; amendment would add a new section to view. I hope tomorrow we will accept (9) raiding the social security trust funds the bill. The section would create a the amendment. would further undermine confidence in the new ground of exclusion of deportation Mr. SIMPSON. Mr. President, I ask system among younger workers; (10) the American people overwhelmingly for falsely representing oneself as a unanimous consent that amendments U.S. citizen. reject arbitrary cuts in social security bene- numbered 3669, 3670, and 3671 be tempo- fits; and This amendment is a complement to rarily laid aside in the order in which (11) social security beneficiaries through- another that I will be proposing. The they were offered and that they be out the nation deserve to be reassured that other amendment would modify the made the pending business at the re- their benefits will not be subject to cuts and bill section which applies and provides quest of the majority leader after noti- their social security payroll taxes will not be for pilot project systems to verify work fication of the Democratic leader. increased as a result of legislation to imple- authorization and eligibility to apply The PRESIDING OFFICER. Without ment a balanced budget amendment to the United States Constitution. for public assistance. One of the re- objection, it is so ordered. quirements of that other amendment is (b) SENSE OF THE SENATE.—It is the sense Mr. SIMPSON. I further ask that it of the Senate that any legislation required that the Attorney General conduct cer- be in order for me to ask for the yeas to implement a balanced budget amendment tain specific pilot projects, including and nays on the three amendments, to the United States Constitution shall spe- one under which employers would be with one showing of seconds. cifically prevent social security benefits required to verify the immigration sta- The PRESIDING OFFICER. Without from being reduced or social security taxes tus of aliens, but not persons claiming objection, it is so ordered. from being increased to meet the balanced to be citizens. Such citizens would be Mr. SIMPSON. I now ask for the yeas budget requirement. required only to attest as being citi- and nays. Mr. KENNEDY. Mr. President, I was zens. That was discussed in committee. The PRESIDING OFFICER. Is there a reading that it be made the pending If you are a U.S. citizen, why should sufficient second? business at the request of the majority you have to go through these proce- There is a sufficient second. leader after notification of the Demo- dures? Well, obviously, I concur with The yeas and nays were ordered. cratic leader. I am sure that will all be that. AMENDMENT NO. 3667 done in good faith. But I understand The major weakness in such a system Mr. SIMPSON. Mr. President, I now that notification of the Democratic is the potential for false claims of citi- ask unanimous consent that the Dor- leader includes that if a Member of our zenship. That is why I offered the gan amendment recur as the pending party would like to speak and address present amendment which will create a amendment. those amendments, I assume that new major disincentive for falsely The PRESIDING OFFICER. Without would be respected. I make that as- claiming U.S. citizenship. Lawful per- objection, it is so ordered. sumption.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3304 CONGRESSIONAL RECORD — SENATE April 15, 1996 Mr. SIMPSON. Mr. President, I cer- afraid of competition, and convinced capacity to make the world a better tainly make that assumption. I under- that her best days are past. That is not place. What a legacy, what an awesome stand it to be notification and agree- the attitude that made America the responsibility, a responsibility for our ment by the Democratic leader. greatest country the world has ever generation and for every generation. Mr. KENNEDY. I thank the Chair. As seen. An America that thinks itself as I, along with some of my other col- far as the discussion then on that weak and threatened is not the Amer- leagues, will be working to make sure measure, I know there are other Mem- ica that I see. It is not the America that our immigration reform bill re- bers that want to address the Senate that we Americans believe in. It is not mains true to this legacy and true to on other matters. I see the Senator the America that a dirt poor Irishman the values that made America a beacon from South Carolina, who wanted to named Dennis DeWine saw—saw in his for all humanity. speak, as well, on the issue of Senator dream as he left County Galway 150 Mr. President, I will conclude these DORGAN’s amendment. years ago to escape the potato famine remarks at this point, and again thank Mr. SIMPSON. If I may, I believe in Ireland. We do not know a lot about my colleague from Wyoming for his Senator DEWINE had not concluded his my great-great-grandfather. All we courtesy and for his work not only on remarks when I requested the floor. I know for sure is that he came over to this bill, but on this issue now for well appreciate very much his willingness America from Galway. It is pretty over a decade. to do that so we could get those clear, though, that Dennis DeWine Mr. SIMPSON. Mr. President, I amendments before the body. How came here with guts and with ambi- thank the Senator from Ohio. He has much more time does Senator DEWINE tion, but probably with very little else. been very involved, very articulate, need? He took a chance on America, and and I appreciate the participation very Mr. DEWINE. I probably have 6, 7, or America took a chance on him because much. 8 minutes. America back then thought big Mr. HOLLINGS addressed the Chair. Mr. SIMPSON. I appreciate that. thoughts about itself and what great The PRESIDING OFFICER. The Sen- Then we will yield to Senator HOLLINGS riches lay in the ambition—in the am- ator from South Carolina. for a discussion on the Dorgan amend- bition of people who are willing to take Mr. HOLLINGS. Mr. President, let ment and temporarily go off of this risks. That is the kind of America we me thank the distinguished chairman measure. I thank the Senator from need to be, not a closed America that of our committee, the Senator from Ohio very much for his courtesies in views itself as a finished product but Wyoming. enabling us to go forward with an agen- an America that is open to new people, I say a word about immigration in da for tomorrow. new ideas, and open to the future. that we opened up a school this morn- Mr. DEWINE. Mr. President, let me Mr. President, I began this speech by ing for some 525 additional Immigra- conclude my general comments about talking about how Ronald Reagan ex- tion and Naturalization agents—the this bill today. I think America’s pressed better than any other political plan and plot as we work in the appro- greatness has been created, generation figure of our era the truest sense of priations side of this particular prob- after generation, by driven self-se- what America stands for. I think it lem. And I serve on the what we call lected individuals who came here as would be appropriate for me to con- the State, Justice, Commerce Sub- legal immigrants. We can think of clude these remarks about America’s committee of Appropriations. For the names such as Albert Einstein, from immigration policy and about Amer- past 25 years we have been trying to Ohio, someone like George Olah who ica’s identity with another great story, keep up with the problem as we have came here from Budapest in 1957 and one that President Reagan recounted seen it. We work with the leadership of taught at Case-Western Reserve, and more than once in his Presidency. In the Senator from Wyoming, the Sen- won the Nobel Prize for chemistry in fact, he found it so moving that he ator from Massachusetts, Senator KEN- 1994. The original bills as introduced even included it in his farewell address NEDY. And this morning, as I say, we actually said to people like Einstein 9 days before he left the White House. opened up that school for some 525 and Olah, ‘‘Get lost, you can come to Here is the way Ronald Reagan told agents at the old Navy yard facility in the U.S., but only if you jump through the story. Charleston that we closed a couple of a whole bunch of bureaucratic hoops I have been reflecting on what the past 8 years ago. from the State Department and the years have meant, and mean, and the image A word should be said about our dis- Labor Department.’’ that comes to mind, like a refrain, is a nau- tinguished Commissioner of Immigra- A lot of these provisions were, in tical one—a small story about a big ship and tion and Naturalization, Doris Meiss- fact, changed in committee. Mr. Presi- a refugee and a sailor. It was back in the ner. She could not be with us, of dent, I think we really do not need to early 1980’s at the height of the boat people, course, because of the loss of her hus- and a sailor was hard at work on the Carrier band in that fatal crash going into be making it any harder for these tal- Midway which was then patrolling the South ented, energetic people to come and China Sea. The sailor, like most American Dubrovnik last week. Chuck Meissner, help us build our great country. In servicemen, was young, smart, and fiercely the Assistant Secretary of Commerce fact, Mr. President, we became the observant. The crew spied on the horizon a in charge of International Trade, was richest, most powerful nation in the leaky little boat, and crammed inside were on that plane, that tragic loss. I talked history of the world by doing exactly refugees from Indochina hoping—hoping to to Commissioner Meissner and said the opposite—by encouraging them to get to America. The Midway sent a small that I know we have the scheduled come. launch out to bring them to the ship and to opening of the school, but we ought to No, Mr. President, America’s immi- safety. And as the refugees made their way call that off. She said, ‘‘No, it is really through the choppy seas, one of them spied gration problem is not the high-quality the sailor on deck. He stood up and called an emergency situation. While I cannot researchers and professors wading the out to him. He yelled, ‘‘Hello, American sail- be there, I will be represented by Ms. Rio Grande in the dead of night or or. Hello, freedom man’’—a small moment Sale, Chris Sale, the Deputy Commis- scrambling over a fence to avoid the with a big meaning, a moment a sailor could sioner, and the other authorities, and Border Patrol. not get out of his mind. Neither could I, be- we are ready to go, and we want to We should and can crack down on il- cause that is what it is to be an American. make sure that we have at least these legal immigration. That is a law en- Mr. President, as we debate this bill, agents trained and ready to go to work forcement issue. We should not allow I think we will need to remind our- by August.’’ Chris Sale was there, and that effort to serve as a Trojan horse selves that that still is what it means we opened the school in the most ade- for other measures—measures that to be an American. It always was, and quate fashion. would hurt America’s future by reject- let us pray that it always will be. Even The American public and the U.S. ing the very finest and most noble tra- at the very beginning of our history, Senate should understand that this ditions of America’s past. back when we were a very small coun- problem is much like trying to drink To reverse course on immigration, as try, we were always a country with a water out of a fire hydrant. Go down to some might recommend, is to say that very big meaning, a country whose fu- San Ysidro, CA, down there by San America from now on will define itself ture was unlimited, a country that be- Diego where 46 million automobiles as a country that is fearful of change, lieved in people and believed in their and 9 million pedestrians were stuck

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3305 and inspected by the Immigration and tude to tap some $33 billion in transpor- Now, let’s go to unified. Wall Street Naturalization Service last year. We tation trust funds. The measure has mobi- and Alan Greenspan love unified budg- are totally understaffed for the prob- lized a formidable lobbying coalition, unit- ets so long as the Government is not lems of the illegal immigrants coming ing organized labor and big and small busi- coming in to the bond market with its ness, State and local governments, and such into the Nation and making their de- an esoteric trade association as the Precast- sharp elbows borrowing. Then they can mands upon State and Federal spend- Prestressed Concrete Institute. Their goal is make more money on stock sales. Bond ing. not only to pass it but also a vetoproof 289 sales, their interest rates stay down so So it is not a casual commendation votes. Supporters argue rightly that the borrow from yourself. that I give to the leadership of the Sen- money would go where it was intended— Well, that is pretty good for the irre- ator from Wyoming because I worked building roads and upgrading the airports. sponsible business leadership but for with him on the Simpson-Mazzoli bill But the supposedly untapped funds are actu- the public servant down here in Wash- ally an accounting figment. Using them years back. He has been in the trenches ington that has to do his job, he is working for years trying to bring the would increase the deficit or force greater cuts in other programs. Budget Committee going to meet himself coming around National Government ahead and on to Chairman John Kasich and Appropriations the corner and today we have met our- the problem, so that it would not in- Chairman Bob Livingston are vehemently selves coming around the corner. crease into this emergency, more or opposed. Attempts by Newt Gingrich to rec- But the supposedly untapped funds are ac- less, at this particular time. oncile them and Shuster have come to tually an accounting figment. Having said that, Mr. President, let naught. Meanwhile, Federal Chairman Alan me say a word about an underlying Greenspan broke with his custom of staying That is the charade and fraud that has been going on. I more or less dedi- amendment of Senator DORGAN from neutral to advise against passage. North Dakota, myself, and others rel- Now, is that not a remarkable re- cated myself to paying the bill. Earlier ative to spending Social Security trust port? One line in there, and I quote it today when we were opening up this funds. I can go into detail which I will again: school, I said when we handled this Justice Department budget back in to make the record here, but let me But the supposedly untapped funds are ac- bring it right up to the spending habits tually an accounting figment. 1987, 1988, it was only about $4.2 billion. of the National Government with re- This is exactly what Senator Heinz Now, this year, it is $16.7 billion. It has spect to trust fund amounts. When we and I were fighting against when we gone up, up and away, and we do not passed in 1983 the increase in Social Se- had enacted section 13301 of the Budget pay for it. curity taxes, we could not have pos- Enforcement Act on November 5, 1990, I cited an editorial in my own home- sibly voted that tax increase save and signed into law by President George town newspaper about April 15, here we excepting to maintain the integrity of Bush, voted by a vote of 98 to 2 in this were, the day to pay taxes, and up, up the Social Security trust fund. In fact, Senate. We did not want Social Secu- and away was the national debt to $5 the intent was not only to maintain its rity trust funds to become an ‘‘ac- trillion. And they said: You know the integrity but to maintain a surplus. We counting figment.’’ That is what they reason for this was entitlement funds. talked openly, and you refer back to do when they continue to use funds. They said that it was the military re- the record, of the Greenspan commis- When we try to debate it in the tirement, the Social Security, the sion report, that if these increases in Chamber, it does not matter; we have Medicare. taxes were carried out, we would have the money there, but it has to be used Wait a minute, Mr. President. Let us a surplus that would easily take care of by the Government somewhere so we go to these so-called entitlement funds. the baby boom generation into the will just borrow the moneys there and As I mentioned a moment ago, Social year 2050. everything else of that kind and tell Security is over one-half trillion dol- But otherwise has occurred. What we the youth of America do not worry— lars in the black. Medicare, everybody have been doing, in a shameless fash- well, do worry, it is going broke—when agrees, is in the black. They are talk- ion, is spending the Social Security it is not going broke and when we got ing about going broke in 7 years, but trust moneys on the deficit. We have the moneys there and run around about many adjustments can be made and been obscuring the size of the deficit by going broke because in their mind it should be made and will be made. We the use of those trust funds. It was $63 has become an accounting figment. will keep Medicare solvent. We do not billion last year, if I remember cor- Now, let me mention a book by have to cut it to get a tax cut to buy rectly. Last year the CBO report was a James Fowler. It is called ‘‘Breaking the vote for November. I have opposed $481 billion surplus. So if you add the The News.’’ that. $63 billion I guess it would be in the This is the problem in Government Similarly, with the military and civil terms of a $544 billion surplus, over today. Years back, none other than service retirement fund, it is in the one-half trillion surplus funds in the Thomas Jefferson as between a free black. It is not these entitlements, it is Social Security trust. But, ah, now we Government and a free press, he would paying for the immigration border pa- have today’s, or last week I should say choose the latter, and why? Because he trol, the immigration inspectors, all but it is dated April 15, Time magazine, said and reasoned that you could have the other things; the Justice Depart- and I wish to quote because here is a free Government but would not re- ment, FBI, for the defense, for all these what really happens to the so-called main free long unless you had a free things for 15 years. We have not been trust funds. It is on page 27 of April 15, press to keep us politicians honest. paying for general government. Oh, 1996, Time magazine, entitled ‘‘Odyssey What has happened is that the free this cry over entitlements started in of a Mad Genius.’’ I refer to the article press no longer keeps the politicians the Appropriations Committee when on page 27, ‘‘Beltway Robbery.’’ This honest. They in turn have joined into my friend Dick Darman came in there, has to do with highway trust funds, not the dishonesty. Here it is. I read again. talking about ‘‘entitlements, entitle- Social Security, but the similarity is One sentence: ments, entitlements.’’ And you have so stark in its reality that it must be But the supposedly untapped funds are ac- that same Concord Coalition, ‘‘entitle- brought to the attention of my fellow tually an accounting figment. ments, entitlements, entitlements,’’ Senators here this afternoon. I quote: Thirty-three billion in the highway and my friend Pete Peterson up there In a Washington out to cut Federal spend- trust funds. The article quotes it. It is in New York, ‘‘entitlements, entitle- ing, 12-term Congressman Bud Shuster is an not an accounting figment. And in- ments, entitlements.’’ unrepentant pork barrel spender. Now it ap- stead of keeping the trust for high- Let us talk about general govern- pears the Chairman of the House Transpor- ways, who comes out against spending ment. I was a member of the Grace tation and Infrastructure Committee has highway moneys for highways? The Commission against waste, fraud, and converts. More than half his colleagues in- chairman of the Budget Committee, abuse. And we have constituted the cluding a heavy majority of those reform- the chairman of the Appropriations biggest waste, the biggest fraud, the minded GOP freshmen, are backing a bill that would lift constraints on highway and Committee, and of all people, the head biggest abuse in the last 15 years by airport projects. If the trust and budgeting of the Federal Reserve because he is spending $250 billion more each and act is passed by the House next week, it part and parcel of the conspiracy for a every year, on an average, without would give Shuster’s committee great lati- so-called unified budget. paying for it. That is why the debt has

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3306 CONGRESSIONAL RECORD — SENATE April 15, 1996 gone to $5 trillion. That is why the in- came here with a AAA credit rating for spending more and getting less. No terest cost has gone to over $350 bil- my State. I increased taxes to get it. I wonder the body politic is disillusioned lion. We will get a CBO estimate here knew as a young Governor I could not with their Government in Washington. on Wednesday. Today is Monday. But go to those industry leaders in New Somehow, both Republican and Demo- let me tell you what the estimate was York and ask them to come down and crat, keep on spending more and more earlier in the year. I will ask unani- invest in Podunk. I had to have a sol- while we get less and less. And they all mous consent later that this be printed vent operation. So we did balance the give us this same pollster pap of, ‘‘I am in the RECORD. The estimated 1996 in- budget and we put in a little device, against taxes and for the family. I am terest cost on the national debt, gross which later, in the Federal Govern- against crime and for jobs.’’ You know, interest paid is $350 billion. ment, was called Gramm-Rudman-Hol- get the hot button items and try to Interest has gone up since then, so it lings. It was cuts across the board. fool the people. And that is why the is going to be over $1 billion a day. I went to the distinguished Senator distinguished Senator from North Da- When President Reagan took over, the from Texas. I said, ‘‘This device that kota has offered this amendment, gross interest cost was exactly $74.8 you have that cuts Social Security, it which states: billion. Get into a little arithmetic. will not get to first base.’’ I said, It is the sense of the Senate that because Subtract 75, in round figures, $75 bil- ‘‘Speaker O’Neill and Congressman section 13301 of the Budget Enforcement Act lion from $350 billion and you get $275 Claude Pepper will run us off the Cap- prohibits the use of the Social Security trust billion. Mr. President, 275 billion extra itol steps. We have not got a chance. fund surplus to offset the budget deficit, any dollars spending for nothing, for noth- Forget it. Let us talk sense.’’ I helped proposal for a constitutional amendment to balance the budget should contain a provi- ing. write Gramm-Rudman-Hollings sen- I remember President Reagan. I will sion creating a firewall between the receipts sibly, and we enacted automatic cuts show the talks, if you want me to put and outlays of the Social Security trust across the board. it in the RECORD. He was going to bal- funds and the rest of the federal budget, and Then, when, as they say, the rubber ance the budget in 1 year. Then he that the constitutional amendment should came to town and said, ‘‘Oops, 3 years.’’ hit the road in 1990, we abolished the explicitly forbid using Social Security trust funds to balance the federal budget. Then we had the Gramm–Rudman-Hol- cuts across the board. On October 19, at lings Act, 5 years. Now they have pro- 12:41 a.m., I raised the point of order, Mr. President, if acted on that idea, posed 7 years. If they get past the No- and my distinguished colleague from we would have passed the balanced vember election, the next crowd will Texas voted to abolish the cuts across budget amendment to the Constitution say 10 years. As long as they can con- the board of Gramm-Rudman-Hollings. by at least 5 votes in March of last tinue the charade, as long as the press Do you know what they did? They year—March of last year. fails to keep us honest and fails to en- went for spending caps. Well, this place Again, about 6 weeks ago, I tried to gage the public in the truth, it con- has a ceiling, but the spending caps bring it up, and they raised a techni- tinues the charade, calling it truth in have not. Spending has gone up, up and cality that it was not relevant. Five budgeting. away and that is why poor President Senators wrote a letter to Majority Mr. President, the actual cost of do- Bush lost his reelection. There is no Leader DOLE. We went on record in mestic discretionary spending at this kidding around. favor of the balanced budget amend- minute is $267 billion. But the increase I mean, we were up to $400 billion ment to the Constitution as long as it in spending for interest on the debt has deficits at that particular time. The did not repeal section 13301. But they been $275 since President Reagan took exact figure, according to the schedule want that unified budget. Keep spend- office. Point: We have doubled domes- here of the real deficit was $403.6 bil- ing the billions and billions and bil- tic discretionary spending without get- lion. So they said we will try this little lions from the Social Security trust ting a double Government. We could Governor from Arkansas. He has bal- fund and then come around at the end have two Presidents, two Senates, two anced the budget for 10 years. Give him of the day when my children and the Houses of Representatives, two Depart- a try. distinguished Presiding Officer’s chil- ments of Justice, Agriculture, Com- I voted for a balanced budget under dren and grandchildren come for their merce, Interior. Domestic discre- Lyndon Johnson. Under Lyndon Baines particular retirement, and they are tionary—we could have two for the Johnson, the interest costs on the na- going to say the untapped funds are ac- money we are spending. But we are not tional debt in his last year, when we tually an accounting figment. getting it. voted that balanced budget, was $16.6 Who in the year 2002 is going to raise Talk about increased spending? ‘‘I billion. Now it is over $350 billion, over a trillion dollars in taxes to make good am against increased spending.’’ They $1 billion a day. That is the biggest on the IOU’s in the Social Security are all running around in this Congress waste consciously caused by us. draw? Nobody, nobody, and they do not saying, ‘‘I am against increased spend- I have been a party to it. Yes, I tried have any idea of doing it. But ‘‘I’m ing.’’ Well they have increased spend- to enact a freeze. Then I tried Gramm- against taxes,’’ they say. Oh, it is a ing $1 billion today, on account of this Rudman-Hollings. Then, even in the wonderful luxury to run around and fraud, this charade. Or, like taxes, for Budget Committee I had a value-added fool the American people, and who al- April 15 they have sent their minions tax. It was bipartisan. I had the distin- lows it? The American free press. Read all around the land, talking about tax guished Senator from Missouri join me. ‘‘Breaking the News’’ by James day, ‘‘Let us have a special bill over in The distinguished Senator from Min- Fallows, an authoritative writer. He the House.’’ It is all theater. And we nesota joined. We had eight votes for a has been up here. He has watched the will have that, ‘‘You have to have a value-added tax of 5 percent allocated operation. I can tell you, time and time two-thirds vote in order to increase to ridding us of the deficit and debt so again, it has been a very, very difficult taxes.’’ Increase taxes? You cannot we would not have this increased fight. avoid death. You cannot avoid taxes. spending on automatic pilot. Let me give credit to the late Sen- And you cannot avoid interest costs on But, somehow, somewhere along the ator from Pennsylvania, John Heinz. the national debt. Interest is like line, we have gotten into a contract of John Heinz and I worked on taking the taxes. You have already increased nothing but procedural nonsense. We Social Security trust fund off budget. taxes today of $1 billion and you will have gotten into term limits, when the It was bipartisan. It was called the increase taxes tomorrow, and on Satur- Constitution already says I have to run Heinz-Hollings amendment—we wanted day, and on Sunday and on Christmas for every 6 years. Incidentally, I have him to lead it at the time because the Day, every day this year—not on in- been elected to the U.S. Senate six Republicans were in control—and we creased program spending, but on in- times. called it the Heinz-Hollings-Moynihan terest on the debt. The crowd that says We have procedural talk about un- amendment. they are against increasing taxes is in- funded mandates, line-item vetoes, Our distinguished Senator MOYNIHAN creasing taxes and not wanting to do a anything except enacting a balanced had been the ranking member on the thing about this central problem. budget. We are not providing; the size Finance Committee and, admittedly, is I tried and I am going to continue. of the Federal work force is smaller still the authority on Social Security They are not going to get rid of me. I now than it was 10 years ago. We are in this body.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3307 But on October 18, 1990, Senator John spending cuts and taxes. I voted for it that you did not get, and all those Heinz said: in order to try and get on top of these kinds of things, when they could not Mr. President, in all the great jambalaya interest costs, this waste. give it to save their souls. of frauds surrounding the budget, surely the He came to town and cut $57 billion They do not have taxes to cut. In most reprehensible is the systematic and out of Medicare and had proposed an- fact, their solution is Reaganomics and total ransacking of the Social Security trust other $124 billion. But there was no $250 growth—please do not come back here fund in order to mask the true size of the billion for a tax cut. So he was acting with that growth. Senator Mathias on deficit. responsibly until the Post and you the Republican side and I were 2 of 11 Another quote on October 18, 1990 by folks just pulled him off base, and then votes against Reaganomics and that Senator John Heinz: he came for a tax cut, too, which no- mantra of growth, growth, growth. The Since 1983, when we may have saved the body can afford. only thing that has grown is the deficit Social Security goose, we have systemati- That is one grand fraud on the Amer- and spending, spending on automatic cally proceeded to melt down and pawn the golden egg. It does not take a financial wiz- ican people. We do not have any taxes pilot of $1 billion a day—$1 billion a ard to tell us that spending these reserves on to cut. We have been cutting the spend- day. And nobody wants to talk about today’s bills does not bode well for tomor- ing. Eliminate the domestic discre- it. They want to talk about tax cuts. row’s retirees. tionary spending. Eliminate welfare, It’s like saying, ‘‘I want to buy your I make these quotes to the body this eliminate foreign aid and the entire do- vote.’’ afternoon for the simple reason that it mestic discretionary spending and not Campaign financing. The biggest is bipartisan, and I am appealing to the cut it, and you still have a deficit. fraudulent campaign financing occurs Senators on the other side of the aisle, That is the serious problem. on the floor of the U.S. Congress, be- the Republican colleagues, because I The ox is in the ditch, and we have to cause we mislead the American people know the chairman of our Budget Com- sober up in this Government of ours that their Government is being paid mittee, the distinguished Senator from and quit talking pollster politics for. We act like all we need to do is cut New Mexico, does not believe in bust- games which the press joins in: who is back a little on welfare and on foreign ing the budget. He got caught off base up and who is down and who is silly aid eliminate the Commerce Depart- last November when he held up the enough. ment. good housekeeping award and said, I recommended a value-added tax in Yes. Since I have the time—I talked ‘‘Here’s a balanced budget certified by the Finance Committee. I want to pay the week before last with former Sec- the Director of the CBO.’’ for new immigration inspectors. I want retary Ron Brown. He and I were try- Then 2 days later, ‘‘CBO said, as you to pay for 5,000 new border patrol. I ing to work votes, in all candor, over were, ‘‘we have a deficit of $105 bil- want to pay for the extra FBI, the on the Republican side. We were having lion.’’ It was not balanced at all. Let us crime bill. I want to pay for the com- a difficult time. We did not know not go through that charade again. We mitment in Bosnia. But this crowd whether or not the administration was can pass a balanced budget amendment comes up here and gets away with the going to veto the bill, should it pass. I to the Constitution. worst I have ever seen. take it now that the distinguished Senator DOLE is put under tremen- I hope that we can salve the con- President would not hesitate in vetoing dous pressures with the goofy right science, if there is one left amongst us, it because the Commerce Department that he has to respond to in order to where we adopt the amendment of the is not a grab bag. get the nomination. But now that he distinguished Senator from North Da- I have been through over a dozen Sec- has it, he should revert to the old kota, the sense of the Senate that we retaries of Commerce, and I am laying DOLE, as he was as chairman of the Fi- not use Social Security trust funds to it on the line. Ron Brown was the one nance Committee when he joined in the balance the Federal budget. Secretary of Commerce that did the sentiment of George Bush who called That was not the intent when we work. Maurice Stans up to Mosbacher, Reaganomics voodoo, and former Re- adopted those taxes, but you can see all they did was collect money. publican majority leader, Senator from the way they are treating high- But here was a fellow out hustling Baker, who said it was a riverboat way trust funds—I would like to do it business rather than funds for the cam- gamble. for the highway trust funds. I would paign, actually doing an outstanding I know Senator DOLE. I have tremen- like to do it for airport and airway job. When I heard of the recent trag- dous respect for him, and I know he is trust funds. Out there in Colorado, we edy, I had just with the distinguished solid on paying bills. But he has a need some new airports, but we have Senator from Maine, Senator COHEN. crowd that runs rampant saying, ‘‘We not been spending the money on air- We were in Beijing at the time of the don’t want to pay the bill.’’ ports, we have been spending them in- plane crash. They did not ask about Remember what happened to Fritz stead on masking the size of the def- the President because he has never Mondale? He was honest enough to icit, sacrificing future investment for been to the largest and perhaps one of come out and say we are going to have present consumption. the most important countries in the to have an increase in taxes in order to I would like to spend these moneys entire world. In fact, the Secretary of pay the bills, but he did not add ‘‘in for their intended purpose. I would like State, he has been 34 times to the Mid- order to pay the bills.’’ He said, ‘‘Yes, to pay the bill so that we will not sad- east but only one visit to Beijing. They it looks like we are going to have to in- dle the next generation with our ex- did not ask about the Secretary of crease taxes.’’ He had ahead of time cesses. Where all they can do in Wash- State. said, ‘‘By the way, I’m a Democrat in ington and is to pay for a little bit of They asked about Ron Brown. He the image of Hubert Humphrey.’’ When defense, a little bit of domestic discre- made a wonderful, favorable impres- he said he was a Democrat in the image tionary, cannot promote technology, sion. I really believe, Mr. President, of my friend Senator Humphrey from cannot promote any competitiveness, that we can really bring about more Minnesota, everybody took it to mean cannot have any research and health human rights through capitalism and we really were going to start some care, and everything else that Govern- market forces than we can through spending. ment is supposed to do. sanctions. I understand the call that has been I believe in Government. I do not I have learned the hard way, as we put out to call the Democrats tax-and- think Government is the problem. I did back in the old days at the begin- spend, tax-and-spend. think this charade is a problem. I ning of the war and the artillery. There Let me enter something in the think they know it is a problem. But was a saying then that no matter how RECORD now for President Clinton. In they go along with this silly contract well the gun was aimed, if the recoil all of these 15 years, the only time the and its procedural nonsense, guaran- was going to kill the gun crew, you did deficit has been decreased is under teed every day to put on a show here. not fire the gun. The recoil of sanc- President Clinton. He came to town ‘‘Here is April 15. Here is tax day. Let’s tions has killed the gun crew. It is kill- and cut spending $500 billion. He came remind them about a tax cut that they ing off our business. to town and with a $500 billion deficit could have gotten.’’ So they automati- Just recently, France picked up a $1.2 reduction plan—equally split between cally call it a President Clinton tax cut billion Airbus contract rather than the

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United States of America. Well, we all I would daresay, if I were Nick the U.S. Gross believe that the Government should Greek and had to bet, that I would bet budget Federal President and year (outlays Trust Real debt Gross take a stand. But the way we have that 10 to 20 years from now you are in bil- funds deficit (bil- interest taken it is in a general loud-mouth going to find more hungry fed in China lions) lions) fashion without any result. We should than you are going to find in demo- Bush: have targeted sanctions, clearly under- cratic India. I think that is a mistake 1989 ...... 1,143.2 114.2 ¥266.7 2,868.0 240.9 1990 ...... 1,252.7 117.2 ¥338.6 3,206.6 264.7 stood in the first instance. Let our in Russia, and that is why the Presi- 1991 ...... 1,323.8 122.7 ¥391.9 3,598.5 285.5 businesspeople go and prosper and dent is going to be there the day after 1992 ...... 1,380.9 113.2 ¥403.6 4,002.1 292.3 Clinton: bring about more capitalism over com- tomorrow. 1993 ...... 1,408.2 94.2 ¥349.3 4,351.4 292.5 munism. That is how we really de- Why? Because they gave political 1994 ...... 1,460.6 89.1 ¥292.3 4,643.7 296.3 1995 ...... 1,514.4 113.5 ¥277.3 4,921.0 332.4 feated it in Eastern Europe and the So- rights before they gave economic Est. 1996 ...... 1,595.0 105.8 ¥277.8 5,198.8 350.0 viet Union, with capitalism itself. rights. 1 Budget tables: Senator Hollings. What we are doing is taking the larg- We in the U.S. Senate ought to stop Note: Historical Tables, Budget of the U.S. Government FY 1996; Begin- est, most important nation in the Pa- looking and listening to those pollsters ning in 1962 CBO’s 1995 Economic and Budget Outlook. cific—I can see that front cover of an- who have never served a day in govern- Mr. HOLLINGS. Mr. President, I also other magazine, ‘‘Friend or Enemy?’’ ment. They are wonderful. I have the ask unanimous consent to have printed We are making them an enemy. There best. I trust their polls and predictions, in the RECORD Public Law 13301, status is not any question about it. They like and they have been on target, but they of the Social Security trust funds. America. They like our technology. still really do not know government. There being no objection, the mate- They have 100,000 Chinese students. They never have thought about doing rial was ordered to be printed in the They know we stand for freedom and things in the long term. They are only RECORD, as follows: everything else. thinking bam, bam towards the next Subtitle C—Social Security I was on an aircraft carrier in the election. I could fault us all. We are all SEC. 13301. OFF-BUDGET STATUS OF OASDI Gulf of Tonkin in 1966, the Kitty Hawk. looking to November. Nothing will TRUST FUNDS. We could not control 20 million North happen in this body this year. Why? On (a) EXCLUSION OF SOCIAL SECURITY FROM Vietnamese. I do not know how an air- account of November. Each day we are ALL BUDGETS.—Notwithstanding any other craft carrier running around the trying to find out who is on top in the provision of law, the receipts and disburse- Straits of Taiwan is going to control 7 o’clock news. ments of the Federal Old-Age and Survivors 1.2 billion Chinese. We need to sober Irrespective of who is on top, I ask Insurance Trust Fund and the Federal Dis- ability Insurance Trust Fund shall not be up. unanimous consent to have printed in counted as new budget authority, outlays, Government—the art of the possible, the RECORD these tables, since Presi- receipts, or deficit or surplus for purposes not responding to these pollster pap dent Truman, 1945 to 1996, of the U.S. of— things. ‘‘Are you against Red China?’’ budget outlays in billions, the trust (1) the budget of the United States Govern- or ‘‘Are you against communism?’’ and funds, the real deficit, the gross Fed- ment as submitted by the President, all those things. You have to live in (2) the congressional budget, or eral deficit, and the gross interest. (3) the Balanced Budget and Emergency the real world. You have to get the There being no objection, the mate- Deficit Control Act of 1985. best results you can. I am absolutely rial was ordered to be printed in the (b) EXCLUSION OF SOCIAL SECURITY FROM persuaded you are going to do it RECORD, as follows: CONGRESSIONAL BUDGET.—Section 301(a) of through capitalism and not through the Congressional Budget Act of 1974 is U.S. Gross amended by adding at the end the following: running around confronting on every budget Federal turn and letting that other crowd pick President and year (outlays Trust Real debt Gross ‘‘The concurrent resolution shall not include in bil- funds deficit (bil- interest the outlays and revenue totals of the old age, up the marbles. lions) lions) If you could do it unilaterally, fine survivors, and disability insurance program established under title II of the Social Secu- business. But you cannot. So the Truman: 1945 ...... 92.7 5.4 ...... 260.1 ( 1 ) rity Act or the related provisions of the In- French go in and the Germans go in or 1946 ...... 55.2 3.9 ¥10.9 271.0 ( 1 ) ternal Revenue Code of 1986 in the surplus or the Japanese, and they pick up our 1947 ...... 34.5 3.4 +13.9 257.1 ( 1 ) 1948 ...... 29.8 3.0 +5.1 252.0 ( 1 ) deficit totals required by this subsection or marbles and we are left behind. 1949 ...... 38.8 2.4 ¥0.6 252.6 ( 1 ) in any other surplus or deficit totals re- If I put myself in control—if I had to 1950 ...... 42.6 ¥0.1 ¥4.3 256.9 ( 1 ) quired by this title.’’. 1951 ...... 45.5 3.7 +1.6 255.3 ( 1 ) control 1.2 billion, the one concern I 1952 ...... 67.7 3.5 ¥3.8 259.1 ( 1 ) SEC. 13302. PROTECTION OF OASDI TRUST FUNDS guess I would have to have would be 1953 ...... 76.1 3.4 ¥6.9 266.0 ( 1 ) IN THE HOUSE OF REPRESENTA- Eisenhower: TIVES. Taiwan. They are moving toward de- ¥ 1 1954 ...... 70.9 2.0 4.8 270.8 ( ) (a) IN GENERAL.—It shall not be in order in mocracy. They have, after 48 years, a 1955 ...... 68.4 1.2 ¥3.6 274.4 ( 1 ) 1956 ...... 70.6 2.6 +1.7 272.7 ( 1 ) the House of Representatives to consider any free election for a President for the 1957 ...... 76.6 1.8 +0.4 272.3 ( 1 ) bill or joint resolution, as reported, or any first time. But having had it, the more 1958 ...... 82.4 0.2 ¥7.4 279.7 ( 1 ) amendment thereto or conference report 1959 ...... 92.1 ¥1.6 ¥7.8 287.5 ( 1 ) they talk about democracy and inde- 1960 ...... 92.2 ¥0.5 ¥3.0 290.5 ( 1 ) thereon, if, upon enactment— pendence, coming to Cornell and ask- 1961 ...... 97.7 0.9 ¥2.1 292.6 ( 1 ) (1)(A) such legislation under consideration Kennedy: would provide for a net increase in OASDI ing for diplomatic recognition. But we ¥ ¥ 1962 ...... 106.8 0.3 10.3 302.9 9.1 benefits of at least 0.02 percent of the present need to be honest, Mr. President, about 1963 ...... 111.3 1.9 ¥7.4 310.3 9.9 Johnson: value of future taxable payroll for the 75- what that means in China. Any strong 1964 ...... 118.5 2.7 ¥5.8 316.1 10.7 year period utilized in the most recent an- movement toward democracy right is a 1965 ...... 118.2 2.5 ¥6.2 322.3 11.3 1966 ...... 134.5 1.5 ¥6.2 328.5 12.0 nual report of the Board of Trustees provided sensitive subject because if the Taiwan 1967 ...... 157.5 7.1 ¥11.9 340.4 13.4 pursuant to section 201(c)(2) of the Social Se- get democracy, then some crowd down 1968 ...... 178.1 3.1 ¥28.3 368.7 14.6 curity Act, and (B) such legislation under 1969 ...... 183.6 ¥0.3 +2.9 365.8 16.6 in Guangzhou, will want democracy Nixon: consideration does not provide at least a net and everything else. Give me one man 1970 ...... 195.6 12.3 ¥15.1 380.9 19.3 increase, for such 75-year period, in OASDI 1971 ...... 210.2 4.3 ¥27.3 408.2 21.0 taxes of the amount by which the net in- one vote today in Beijing and I have ¥ 1972 ...... 230.7 4.3 27.7 435.9 21.8 crease in such benefits exceeds 0.02 percent chaos. 1973 ...... 245.7 15.5 ¥30.4 466.3 24.2 1974 ...... 269.4 11.5 ¥17.6 483.9 29.3 of the present value of future taxable payroll But the politician here in the Na- Ford: for such 75-year period. tional Government does not stop look- 1975 ...... 332.3 4.8 ¥58.0 541.9 32.7 (2)(A) such legislation under consideration 1976 ...... 371.8 13.4 ¥87.1 629.0 37.1 ing, listening, or thinking about it. I Carter: would provide for a net increase in OASDI do not believe that the rulers in Bei- 1977 ...... 409.2 23.7 ¥77.4 706.4 41.9 benefits (for the 5-year estimating period for 1978 ...... 458.7 11.0 ¥70.2 776.6 48.7 such legislation under consideration), (B) jing have any idea of continuing so- 1979 ...... 503.5 12.2 ¥52.9 829.5 59.9 called Communistic government. 1980 ...... 590.9 5.8 ¥79.6 909.1 74.8 such net increase, * * *. Reagan: Some call it Market-Leninism rather 1981 ...... 678.2 6.7 ¥85.7 994.8 95.5 Mr. HOLLINGS. Mr. President, I also than Marxist-Leninism. I do not know 1982 ...... 745.8 14.5 ¥142.5 1,137.3 117.2 ask unanimous consent that the Hol- 1983 ...... 808.4 26.6 ¥234.4 1,371.7 128.7 what it is, but I do know, having been 1984 ...... 851.8 7.6 ¥193.0 1,564.7 153.9 lings-Heinz amendment Social Secu- there in 1976 and 1986 and now in 1996, 1985 ...... 946.4 40.6 ¥252.9 1,817.6 178.9 rity trust funds budget deficit vote of 1986 ...... 990.3 81.8 ¥303.0 2,120.6 190.3 that they have brought about 180 mil- 1987 ...... 1,003.9 75.7 ¥225.5 2,346.1 195.3 October 18, 1990, be printed in the lion into the middle class. 1988 ...... 1,064.1 100.0 ¥255.2 2,601.3 214.1 RECORD.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3309 There being no objection, the mate- sent to the floor of the Senate, with bi- pages which will refer you to the term rial was ordered to be printed in the partisan support, a proposed amend- limits home page here in the Senate. RECORD, as follows: ment to the Constitution of the United For instance, the CNN home page, the SENATE VOTING RECORD—NO. 283 States that would provide the States C–SPAN home page, the America on- YEAS (98) with the chance to add to the Constitu- line home page, the netscape home Democrats (55 or 100 percent): Adams, tion, limits on Members’ terms in the page, the politics USA home page will Akaka, Baucus, Bentsen, Biden, Bingaman, U.S. House and Senate. all allow individuals to click to the Boren, Bradley, Breaux, Bryan, Bumpers, People might say, why is that impor- term limits petition, where individuals Burdick, Byrd, Conrad, Cranston, Daschle, tant? I think it is important from a can express themselves to the U.S. DeConcini, Dixon, Dodd, Exon, Ford, Fowler, number of points of view. I think that Congress. Glenn, Gore, Graham, Harkin, Heflin, the biggest perk of all in Government This is an unusual petition made pos- Hollings, Inouye, Johnston, Kennedy, is the perk of incumbency. The No. 1 sible by the technology. I quote one of Kerrey, Kerry, Kohl, Lautenberg, Leahy, campaign reform ought to be to level our first signers of the petition, Mat- Levin, Lieberman, Metzenbaum, Mikulski, Mitchell, Moynihan, Nunn, Pell, Pryor, Reid, the playing field every couple of terms thew Lovelace, who says, ‘‘Your Riegle, Robb, Rockefeller, Sanford, Sar- for Members of the Senate and every project puts power in the hands of the banes, Sasser, Shelby, Simon, and Wirth. several terms for Members of the House people, power that bureaucracy and big Republicans (43 or 96 percent): Bond, and let new people have an opportunity Government have taken away.’’ He is Boschwitz, Burns, Chafee, Coats, Cochran, to bring their fresh approach and their one of about thousands upon thousands Cohen, D’Amato, Danforth, Dole, Domenici, recent experience into Government of individuals that have already signed Durenberger, Garn, Gorton, Gramm, Grass- from the private sector. the term limits petition that is online ley, Hatch, Hatfield, Heinz, Helms, Hum- Steven Moore of the CATO Institute and available to people all across the phrey, Jeffords, Kassebaum, Kasten, Lott, Lugar, eloquently phrased the results of his United States of America. It is not a Mack, McCain, McClure, McConnell, Mur- study. He indicated clearly that if we petition for registration. It will not kowski, Nickles, Packwood, Pressler, Roth, were to have had term limits we al- cause any specific election to happen. Rudman, Simpson, Specter, Stevens, Symms, ready would have passed a balanced It is a petition of communication to Thurmond, Warner, and Wilson. budget amendment to the Constitution send a message from the American peo- NAYS (2) of the United States. It would have ple to the Members of this Congress. It Republicans (2 or 4 percent): Armstrong passed the House and Senate in the began last Wednesday and it is fully and Wallop. years 1990, 1992, and in the year 1994. underway now. Mr. HOLLINGS. I will have other We would have had at a much earlier The new technology has the potential things to be printed in the RECORD to- date the therapeutic value of the line- to help us redefine the way citizens and morrow when we debate this. This is item veto, major reforms that encoun- communities participate in our democ- not a casual thing. This is not a polit- ter the resistance of career congres- racy. Normally, a petition is an event ical thing. I will vote for Senator sional individuals who have been that you sign and say, ‘‘So long.’’ You DOLE’s Senate Resolution No. 1, if he passed long ago. never see it again. You are not part of will not repeal, just do not repeal the It is interesting to note that this it in any sense, other than your name. present law. study also indicated that there are sev- The term limits petition, however, is At least we have it into law. But the eral things that did pass which would one electronically that can allow you media disregards the law. The media not have passed, had there been term to see on a regular basis how many quotes a unified budget, but sometimes limits. Moore, of the CATO Institute, people have signed up, where Members the media does show some sense—in- indicates that the last two pay in- of the Senate are in terms of the peti- stead of unified, saying the money is creases for Congress would not have tion, and get views of public officials all in the Federal Government, they passed had we had term limits, and the and others who have stated their views say, and I finally close in the sentence last two tax increases on the people of and written about term limits as a con- here on April 15, 1996, Time magazine, this great country would not have cept. Further, there can be updates ‘‘But the supposedly untapped funds passed, had we had term limits. through e-mail to individuals who re- are actually an accounting figment.’’ It is time for this body, along with quest updates on the term limit peti- Tell that to the media. From now on, the House of Representatives, to vote tion. that is what they call it, an accounting to allow the American people, through The U.S. News reports that there are figment. We ought to have truth in their States, to embrace term limits close to 300,000 Worldwide Web sites, budgeting. I yield the floor. for the Congress if they choose to. The and to have a term limits Worldwide The PRESIDING OFFICER. The Sen- U.S. Senate and the U.S. House cannot Web site is just a way of providing the ator from Missouri is recognized. enact term limits. But we can offer the access to American people and people Mr. ASHCROFT. Mr. President, I ask opportunity to the States through a around the world to a concept whose unanimous consent to speak as in proposed constitutional amendment. time has come. morning business for 15 minutes. We should do that and do it now. It is I do not think there is any better The PRESIDING OFFICER. Without a way of inviting the people into the issue that could demonstrate the new objection, it is so ordered. process of Government. For too long technology than term limits. The new f the Congress has slammed shut the technology is designed to give people door of self-government in the face of greater access and term limits will TERM LIMITS the American people. It is time to wel- give people greater access to Govern- Mr. ASHCROFT. Mr. President, I rise come them back. ment. If interactive technology at its today to speak about an important In conjunction with the vote later core is about the increased delibera- project. In the next couple of weeks, this month on term limits, I am tion, so, too, is term limitation. the Senate will vote for the very first pleased to announce an exciting experi- Term limits also help to ensure ac- time in history on a proposed constitu- ment in online democracy. It is the countability, and that new people and tional amendment to limit the terms first ever congressional online petition. new ideas find their way into Govern- of individuals in the U.S. Congress. This is a way for the people of the ment, and that we have competitive This is, indeed, historic. While people United States of America to register elections. are familiar with term limits, because their views on term limits with the In 1994, 91 percent of all Congressmen they have applied to the President U.S. Senate, and to do so at a place who stood for reelection were returned since the 1950’s, and while 40-some through electronic mail. I refer Mem- to Washington. Term limits would States have term limits as it relates to bers to the chart entitled ‘‘Term lim- eliminate the single biggest perk in the other public officials, the U.S. Congress its’’ at ‘‘jashcroft.senate.gov.’’ which is electoral system—the perk of incum- has never been term limited. the address for term limits on e-mail. bency. It is time that we simply say to It is an exciting opportunity to know In addition to the e-mail address, you individuals, yes, you are valuable, yes, that the Judiciary Committee of this can also register your feelings on term you have served well, but there are Senate for the first time in history has limits by going to any number of home thousands of people across America

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There is staff through the years, I thank Jane Worldwide Web are the natural place much to do, obviously, in the spirit of for her many and excellent contribu- for the free flow of individuals’ ideas. I cooperation on a very tough bill, which tions to our office. I look forward to believe they are. That is why we have is tough for every single one of us, and working with her for years to come. opened this link of communication for some much more than others. f the American people. I will be a part of f this free flow of ideas when I appear on MESSAGES FROM THE PRESIDENT America Online chat tonight from 9 MORNING BUSINESS Messages from the President of the p.m. to 10 p.m. We will continue to up- Mr. SIMPSON. Mr. President, I ask United States were communicated to date the Senate on this exciting experi- unanimous consent that there now be a the Senate by Mr. Thomas, one of his ment. I encourage other Members of period for the transaction of routine secretaries. the Senate to sign the petition to ex- morning business with Senators per- EXECUTIVE MESSAGES REFERRED press themselves for or against term mitted to speak therein for up to 5 As in executive session the Presiding limits. That will be made available to minutes each. Officer laid before the Senate messages individuals across America who par- The PRESIDING OFFICER. Without from the President of the United ticipate in this new process of commu- objection, it is so ordered. States submitting sundry nominations nicating about an opportunity for f which were referred to the appropriate America, an opportunity for commu- JANE BERGEN’S SILVER committees. nication and for reform. ANNIVERSARY (The nominations received today are I was Governor of the State of Mis- printed at the end of the Senate pro- souri for two terms. The constitution Mr. HOLLINGS. Mr. President, I ceedings.) would like to express my thanks and of Missouri providently provides and f wisely includes a provision that we congratulations to a member of my would limit Governors to two terms. staff, Ms. Jane Bergen. As we all know, MESSAGES FROM THE HOUSE Members of the house and senate in here on Capitol Hill, we have a lot of RECEIVED DURING ADJOURNMENT Missouri are limited, as are other very bright people who join our staffs ENROLLED BILLS SIGNED members of the State executive. The and work tirelessly for our constitu- Under the authority of the order of President is limited in the terms that ents. However, it is truly rare to have the Senate of January 4, 1995, the Sec- he can serve. It is a way or an avenue someone as gifted, dedicated, and loyal retary of the Senate, on April 2, 1996, of opening up Government to the peo- as Jane. Yesterday was Jane’s 25th an- during the adjournment of the Senate, ple, which we should explore. niversary with my office, and I am hon- received a message from the House of The House and Senate of the United ored to have had her with me for all Representatives announcing that the States, in a couple of weeks, will have this time. Speaker pro tempore [Mr. EMERSON] an opportunity to send to the people in One of the many benefits of being a has signed the following enrolled bills: seasoned Senator is the opportunity to their States a proposed amendment to H.R. 956. An act to establish legal stand- the Constitution of the United States form strong relationships with one’s ards and procedures for product liability liti- to allow them to embrace term limits staff. My office is, in many ways, a gation, and for other purposes. as a national concept for the Congress. family, and Jane has done a great deal H.R. 1561. An act to consolidate the foreign It is one which I hope they will em- toward making it that way. In addition affairs agencies of the United States; to au- brace, and I hope we will give them the to being intelligent and capable, she is thorize appropriations for the Department of opportunity to do so. one of the most good-natured people State and related agencies for fiscal years 1996 and 1997; to responsibly reduce the au- I look forward to making further ap- I’ve ever met. Jane gets along with ev- eryone, and I know that every member thorizations of appropriations for United pearances as we approach the time for States foreign assistance programs for fiscal this body to act on term limits. I look of my staff would do anything for her. years 1996 and 1997, and for other purposes. forward to seeing the people of Amer- Over the course of 25 years, Jane has H.R. 1833. An act to amend title 18, United ica tonight when we are on the Amer- come to know just about all there is to States Code, to ban partial-birth abortions. ica Online program regarding term know about the workings of the Sen- H.R. 2854. An act to modify the operation limits between 9 and 10 p.m. eastern ate. She has trained more legislative of certain agricultural programs. daylight time. assistants in my office than I can Under the authority of the order of I yield the floor, and I suggest the ab- count, and she has become an invalu- the Senate of January 4, 1995, the en- sence of a quorum. able resource in the process. These rolled bills were signed subsequently, The PRESIDING OFFICER. The days, the word ‘‘dependable’’ has be- during the adjournment of the Senate, clerk will call the roll. come a somewhat banal adjective. by the President pro tempore [Mr. The assistant legislative clerk pro- Well, I would like to redefine that word THURMOND]. ceeded to call the roll. and apply it to Jane Bergen. She is f Mr. SIMPSON. Mr. President, I ask uniquely trustworthy, and my staff and MESSAGES FROM THE HOUSE unanimous consent that the order for I have come to rely on her knowledge, the quorum call be rescinded. judgement, and goodwill on a daily At 1 p.m., a message from the House The PRESIDING OFFICER. Without basis. of Representatives, delivered by Mr. objection, it is so ordered. As much as Jane participates in the Hays, one of its reading clerks, an- f family life of the office, she has just as nounced that the House agrees to the full and successful life outside of it. report of the committee of conference IMMIGRATION CONTROL AND FI- She and her husband, Les, are the par- on the disagreeing votes of the two NANCIAL RESPONSIBILITY ACT ents of two great children, Leah and Houses on the amendment of the Sen- OF 1996 Joel, who are the priority in their ate to the bill (H.R. 956) to establish The Senate continued with the con- lives. Jane and Les are community legal standards and procedures for sideration of the bill. leaders who have been active in local product liability litigation, and for Mr. SIMPSON. Mr. President, I ap- politics, the PTA and their synagogue. other purposes. preciate the cooperation of my col- Although Jane has attended college, The message also announced that the leagues as we proceed with the immi- married, raised children, and pursued a House agrees to the following concur- gration and reform legislation, both il- career here in Washington, she is a na- rent resolution, without amendment: legal and legal immigration reform. We tive of my hometown, Charleston, the S. Con. Res. 49. Concurrent resolution pro- have much to do, but we have pre- daughter of dear friends, Rita and Dr. viding for certain corrections to be made in

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the enrollment of the bill (H.R. 2854) to mod- By Mr. HATCH, from the Committee on Mrs. BOXER, Mr. BRADLEY, Mr. ify the operation of certain agriculture pro- the Judiciary, without amendment: BREAUX, Mr. BROWN, Mr. BRYAN, Mr. grams. S. 1664: An original bill to amend the Im- BUMPERS, Mr. BURNS, Mr. BYRD, Mr. The message further announced that migration and Nationality Act to increase CAMPBELL, Mr. CHAFEE, Mr. COATS, pursuant to the provisions of section control over immigration to the United Mr. COCHRAN, Mr. COHEN, Mr. States by increasing border patrol and inves- CONRAD, Mr. COVERDELL, Mr. CRAIG, 168(b) of Public Law 102–138, the Speak- tigative personnel and detention facilities, Mr. D’AMATO, Mr. DEWINE, Mr. DODD, er appoints the following Members on improving the system used by employers to Mr. DOMENICI, Mr. DORGAN, Mr. EXON, the part of the House to the British verify citizenship or work-authorized alien Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. American Interparliamentary Group: status, increasing penalties for alien smug- FEINSTEIN, Mr. FRIST, Mr. GLENN, Mr. Mr. CLINGER of Pennsylvania, vice gling and document fraud, and reforming GORTON, Mr. GRAHAM, Mr. GRAMM, chair, Mr. BROWNBACK of Kansas, Ms. asylum, exclusion, and deportation law and Mr. GRAMS, Mr. GRASSLEY, Mr. MOLINARI of New York, Mr. PETRI of procedures; to reduce the use of welfare by GREGG, Mr. HARKIN, Mr. HATCH, Mr. aliens; and for other purposes (Rept. No. 104– HATFIELD, Mr. HEFLIN, Mr. HELMS, Wisconsin, and Ms. PRYCE of Ohio. The message also announced that the 249). Mr. HOLLINGS, Mrs. HUTCHISON, Mr. S. 1665: An original bill to amend the Im- INHOFE, Mr. INOUYE, Mr. JEFFORDS, House has passed the following bills, in migration and Nationality Act to reform the Mr. JOHNSTON, Mrs. KASSEBAUM, Mr. which it requests the concurrence of standards and procedures for the lawful ad- KEMPTHORNE, Mr. KENNEDY, Mr. the Senate: mission of immigrants and nonimmigrants KERREY, Mr. KERRY, Mr. KOHL, Mr. H.R. 2202. An act to amend the Immigra- into the United States (Rept. No. 104–250). KYL, Mr. LAUTENBERG, Mr. LEAHY, tion and Nationality Act to improve deter- By Mr. PRESSLER, from the Committee Mr. LEVIN, Mr. LIEBERMAN, Mr. rence of illegal immigration to the United on Commerce, Science, and Transportation, LUGAR, Mr. MACK, Mr. MCCAIN, Mr. States by increasing border patrol and inves- with an amendment in the nature of a sub- MCCONNELL, Ms. MIKULSKI, Ms. tigative personnel, by increasing penalties stitute: MOSELEY-BRAUN, Mr. MOYNIHAN, Mr. for alien smuggling and for document fraud, S. 1239: A bill to amend title 49, United MURKOWSKI, Mrs. MURRAY, Mr. NICK- by reforming exclusion and deportation law States Code, with respect to the regulation LES, Mr. NUNN, Mr. PELL, Mr. PRESS- and procedures, by improving the of interstate transportation by common car- LER, Mr. PRYOR, Mr. REID, Mr. ROBB, verification system for eligibility for em- riers engaged in civil aviation, and for other Mr. ROCKEFELLER, Mr. ROTH, Mr. ployment, and through other measures, to purposes (Rept. No. 104–251). SANTORUM, Mr. SARBANES, Mr. SHEL- reform the legal immigration system and fa- f BY, Mr. SIMON, Mr. SIMPSON, Mr. cilitate legal entries into the United States, SMITH, Ms. SNOWE, Mr. SPECTER, Mr. and for other purposes. INTRODUCTION OF BILLS AND STEVENS, Mr. THOMAS, Mr. THOMP- H.R. 3103. An act to amend the Internal JOINT RESOLUTIONS SON, Mr. THURMOND, Mr. WARNER, Mr. Revenue Code of 1986 to improve portability WELLSTONE, and Mr. WYDEN)): and continuity of health insurance coverage The following bills and joint resolu- S. Res. 241. A resolution in tribute to Sec- in the group and individual markets, to com- tions were introduced, read the first retary of Commerce Ronald H. Brown and bat waste, fraud, and abuse in health insur- and second time by unanimous con- other Americans who lost their lives on ance and health care delivery, to promote sent, and referred as indicated: April 3, 1996, while in service to their coun- the use of medical savings accounts, to im- By Mr. HATCH: try on a mission to Bosnia; submitted and prove access to long-term care services and S. 1666. A bill to authorize the Federal dis- read. coverage, to simplify the administration of trict court for the Central Division of Utah By Mr. WARNER: health insurance, and for other purposes. to hold court in Provo and St. George; to the S. Res. 242. A resolution to provide for the f Committee on the Judiciary. approval of final regulations that are appli- By Mr. GREGG: cable to the Senate and the employees of the MEASURE PLACED ON THE S. 1667. A bill to change the date on which Senate, and that were issued by the Office of CALENDAR individual Federal income tax returns must Compliance on January 22, 1996, and for The following measure was read the be filed to the nation’s Tax Freedom Day, or other purposes; considered and agreed to. the day on which the country’s citizens no S. Con. Res. 51. A concurrent resolution to first and second times by unanimous provide for the approval of final regulations consent and placed on the calendar: longer work to pay taxes, and for other pur- poses; to the Committee on Finance. that are applicable to employing offices that H.R. 2202. An act to amend the Immigra- By Mr. KENNEDY: are not employing offices of the House of tion and Nationality Act to improve deter- S. 1668. A bill to improve the job and in- Representatives or the Senate, and to cov- rence of illegal immigration to the United come security and retirement security of the ered employees who are not employees of the States by increasing border patrol and inves- American worker, and for other purposes; to House of Representatives or the Senate, and tigative personnel, by increasing penalties the Committee on Finance. that were issued by the Office of Compliance for alien smuggling and for document fraud, By Mr. LOTT (for himself and Mr. on January 22, 1996, and for other purposes; by reforming exclusion and deportation law COCHRAN): considered and agreed to. and procedures by improving the verification S. 1669. A bill to name the Department of f system for eligibility for employment, and Veterans Affairs medical center in Jackson, through other measures, to reform legal im- Mississippi, as the ‘‘G.V. (Sonny) Mont- STATEMENTS ON INTRODUCED migration system and facilitate legal entries gomery Department of Veterans Affairs Med- BILLS AND JOINT RESOLUTIONS into the United States, and for other pur- ical Center’’; to the Committee on Veterans poses. By Mr. HATCH: Affairs. S. 1666. A bill to authorize the Fed- f By Mr. HARKIN: eral District Court for the Central Di- MEASURE READ THE FIRST TIME S. 1670. A bill to amend the Internal Rev- enue Code of 1986 to allow a deduction for vision of Utah to hold court in Provo The following bill was read the first postsecondary education expenses, to make and St. George; to the Committee on time: permanent the exclusion for employer-pro- the Judiciary. H.R. 3103. An act to amend the Internal vided education, and for other purposes; to THE CENTRAL DIVISION OF UTAH FEDERAL Revenue Code of 1986 to improve portability the Committee on Finance. DISTRICT COURT AUTHORIZATION ACT OF 1996 and continuity of health insurance coverage S. 1671. A bill to provide for cockpit voice Mr. HATCH. Mr. President, today I in the group and individual markets, to com- recorders and flight data recorders on non- introduce a bill that would permit the bat waste, fraud, and abuse in health insur- combat aircraft of the Armed Forces; to the Committee on Armed Services. Federal District Court of the Central ance and health care delivery, to promote Division of Utah to hold court in Provo the use of medical savings accounts, to im- f prove access to long-term-care services and and St. George. Under the relevant coverage, to simplify the administration of SUBMISSION OF CONCURRENT AND statutory provision, title 28, United health insurance, and for other purposes. SENATE RESOLUTIONS States Code, section 125, District Court f The following concurrent resolutions for the Northern Division of Utah may be held only in Ogden, and District REPORTS OF COMMITTEES SUB- and Senate resolutions were read, and referred (or acted upon), as indicated: Court for the Central Division of Utah MITTED DURING ADJOURNMENT may be held only in Salt Lake City. By Mr. LOTT (for Mr. DOLE (for him- Under the authority of the order of self, Mr. DASCHLE, Mr. LOTT, Mr. The central division of Utah, how- the Senate of March 29, 1996, the fol- FORD, Mr. ABRAHAM, Mr. AKAKA, Mr. ever, is quite expansive: it encompasses lowing reports of committees were sub- ASHCROFT, Mr. BAUCUS, Mr. BENNETT, 23 counties and spreads from the Salt mitted on April 10, 1996: Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, Lake region down to Utah’s southern

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3312 CONGRESSIONAL RECORD — SENATE April 15, 1996 border. Due to the division’s size, those S. 1668. A bill to improve the job and thirds of the American families over involved in district court proceedings, income security and retirement secu- this period of time from 1979 to 1993 whether as litigants, jurors, or law- rity of the American worker, and for have been, in most instances, working yers, must travel to Salt Lake City for other purposes; to the Committee on harder, struggling longer hours, and district court. The district judges and Finance. have been gradually falling behind in others in Utah have become concerned THE AMERICAN WORKERS ECONOMIC SECURITY terms of the real family income growth about inconveniences that have arisen ACT during this period, while those at the due to the statutory constraints on the Mr. KENNEDY. Mr. President, top end have seen this extraordinary places of holding court in Utah. throughout the decades of the cold war, growth. On January 9, 1996, the district the paramount national concern was Mr. President, once now profitable judges for the District of Utah voted to national security. Now with the end of companies are even laying off good approve an amendment to title 28, the cold war, concern is growing rap- workers at unseemly rates for even fat- United States Code, section 125 that idly over another type of security. This ter profits, even higher stock prices, would permit district court for the cen- type of security has four aspects: job and even more astronomical salaries tral division of Utah to be held not security, financial security, health se- and benefits for CEO’s. And to add in- only in Salt Lake City, but also in curity, and retirement security. For sult to injury, the fears on Main Street Provo and St. George. The bill I intro- millions of individuals and families, are met by cheers on Wall Street. duce today embodies those changes. the proper word in each of these as- We saw that in recent times when we The Utah State Bar supports the bill. pects of their lives is ‘‘insecurity,’’ not saw the dramatic increase in the total This bill will help Utahns by facili- ‘‘security.’’ No political party deserves number of jobs just a short while ago, tating the administration of justice in to prevail if it fails to address these 600,000 or 700,000 new jobs, and the Utah, and by permitting easier access concerns and propose a plausible strat- stock market going down over 100 to the district courts to citizens and egy to end them. points. And we saw it conversely when litigants throughout Utah, who have The heart of the current crisis of eco- we saw bank mergers that were taking often had to travel to Salt Lake City nomic insecurity is the growing real- place just several weeks ago, a couple to have their cases and concerns heard. ization that growth and prosperity no months ago, that saw the announce- Provo itself is a significant city with longer benefit all families fairly. The ment of the loss of some 20,000 jobs, a population of 86,835. The neighboring quarter century after World War II was and the stocks as a result of the merg- city of Orem, UT, adds a population of a golden era. Hard work paid off as the ers going right up through the roof. 67,561 to Provo’s immediate region. St. economy grew and income rose for all. Mr. President, the Republican Con- George, while a smaller city, is located But no more. tract With America is now largely in the southwest corner of Utah, and Superficial signs of prosperity defunct because it would have made would provide a convenient location for abound. The stock market has soared. these problems worse. Its massive cuts citizens of southern Utah. Inflation is consistently low and unem- in Medicare, education, and other pri- The minor modifications embodied in ployment is down. But the prosperity orities would have exacerbated the se- the bill will place Utah in a similar po- is less than it seems. Americans are curity of most families, and the lavish sition to many other States in which working harder and earning less. Their tax breaks for the wealthy would have district court may be held at numerous standard of living is stagnant or sink- worsened the income gap. Clearly, the statutorily designated locations. The ing. They are worried about losing Republican strategy is to comfort the vast majority of States enjoy far more their jobs, losing their health insur- comfortable and afflict the afflicted. than two places in which district court ance, affording their children’s edu- The Republican strategy is designed can be held. Just to cite a few exam- cation, caring for their elderly parents, to exploit the income gap—but do ples, 13 cities in Alabama are des- and somehow still saving for their own nothing to solve it. In fact, half of all ignated as cities in which district court retirement. the spending cuts in the vetoed Repub- may sit, 11 cities in Arkansas are so The rich are still getting richer but lican budget came from programs bene- designated, 17 cities in Georgia are more and more families are left out fiting the neediest 20 percent of fami- named, 12 cities in Iowa are included, and left behind. The rising tide that lies. Less than a tenth came from the and 23 cities in Oklahoma are listed. once lifted all the boats is now lifting top 20 percent, while two-thirds of the Under current law, only Delaware, only the yachts. Republicans’ proposed tax breaks Hawaii, Maine, New Hampshire, and Mr. President, these two charts re- would flow to the top 20 percent, while Rhode Island stand with Utah in hav- flect, I think, in a dramatic way what the bottom 20 percent actually faced a ing two or fewer locations in which dis- has effectively been happening in the tax increase. trict court may be held. Utah is the U.S. economy over the period of the re- So we found even in the last proposal largest of those States. Even with the cent years. From 1947 to 1979, virtually more was being demanded from the change, a mere four cities in Utah will 30 years, we found that in each of the working families, less from the be designated as places for holding dis- groups, the bottom 20 percent, second wealthiest individuals, and yet those trict court. bottom 20 percent, the middle 20 per- families were going to be the ones who I note for my colleagues that the bill cent, the top 20 percent, the second top were going to benefit the greatest does not require any additional appro- 20 percent, and even the top 5 percent amount from those proposed cuts and priations or any courthouse construc- of Americans for almost 30 years—30 benefits from the Tax Code. Practical tion. It simply permits court to be held years—effectively grew together, the steps, not demagoguery, are needed to in two additional locations. real family income group. All Ameri- deal with each of the four economic in- I ask unanimous consent that the en- cans moved along and moved along to- securities facing individuals and fami- tire text of the bill be printed in the gether during periods of time when we lies. RECORD. had both recessions and inflation. Cu- In other times, Congresses have en- There being no objection, the bill was mulatively over this period of time all acted restraints on runaway free enter- ordered to be printed in the RECORD, as Americans went along together. prise to end abuses and bolster the pub- follows: But from 1979 to 1993, in the most re- lic interest. The most obvious prece- S. 1666 cent period of time, taken collectively, dents are the antitrust laws, civil Be it enacted by the Senate and House of Rep- we will find out that those again at the rights laws, the child labor laws, min- resentatives of the United States of America in bottom level, the next to the bottom imum wage, Social Security, Medicare, Congress assembled, level, and even in the middle have been Medicaid, and Federal aid to education. SECTION 1. HOLDING OF DISTRICT COURT IN virtually losing ground; that is, the Today is April 15—tax day. Ordinary PROVO AND ST. GEORGE, UTAH. bottom 60 percent, while the top 40 per- Americans across the country are fil- Section 125(2) of title 28, United States Code, is amended by inserting ‘‘, Provo, and cent have been moving well, and the ing their income taxes and wondering St. George’’ after ‘‘Salt Lake City’’. top 5 percent has seen great growth, about their job security, their stagnant and the top 1 percent the largest wages, their health care, their retire- By Mr. KENNEDY: growth. That reflects almost two- ment, their ability to educate their

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3313 children, while our Republican col- Other steps are also needed to assist er companies, and smaller companies leagues are proposing tax breaks for the American workers. Today, I am in- would be very much encouraged to par- the wealthiest individuals and corpora- troducing a bill to create a two-tier tax ticipate. tions in America. rate for companies and encourage firms The bill also places new restraints on Let us work together to increase eco- to act more responsibly toward their corporate mergers and acquisitions, nomic security for all families. We can employees. If a company invests in which are causing enormous job insecu- find ways to align the interest of indi- education and training for its workers, rity for workers and substantial layoffs viduals and industries and allow them provides adequate health care and re- and serious dislocations for entire com- to grow together so that corporations tirement benefits, shares its profits munities. This provision strengthens and shareholders can still reap profits, with its workers, increases the wages the antitrust laws by requiring a re- but not at the expense of the wages and of its work force at or above the Con- view of the impact of these mergers on standards of living of their employees. sumer Price Index, and makes child workers. We should provide incentives to care available for all workers, it will The Federal Trade Commission, the make it more profitable for employers receive a 25-percent reduction in the Justice Department, the Labor Depart- to create jobs than eliminate them, income tax rate it pays on profits dis- ment, and the Securities and Exchange share gains with employees rather than tributed as dividends to shareholders Commission will give greater scrutiny channel them solely to the CEO’s and on this portion of its income. to the corporate transactions likely to shareholders, and provide reasonable The corporate tax rate will be re- result in the closing or downsizing of job training, health, and retirement duced to 26 percent for corporations company, facilities, or plants that are benefits. We can pay for all those in- now taxed at 35 percent, and corporate part of the lifeblood of local commu- centives by closing perverse incentives reductions will be available to corpora- nities. in the Tax Code that encourage firms tions now taxed at other rates. Under Now, Mr. President, what we are to move jobs overseas and treat work- this plan, CEO’s who resist measures to talking about are the mergers and ac- ers as disposable. treat workers fairly will feel the wrath quisitions, the amendments to the Action on several fronts is already of shareholders, whose dividends will antitrust law. These two companies underway. The Kassebaum-Kennedy be lower because the corporations fail want to merge, so they go through a re- bill to guarantee health insurance for to act responsibly. view. Then there is a judgment that is workers has bipartisan support and This is a two-tier tax rate for most- made that they will be able to go will be taken up this week in the Sen- favored companies. I will show the dif- through and the merger will take ate. It will deal with two flagrant prob- ference between company A and a place. As part of the remedy process, lems in health insurance today—the most-favored company, using this the commissions will consider not just excessive use of exclusions, the pre- chart. What we find out is that if they competition considered at the present existing conditions, and the loss of in- have the profits, they retain the prof- time but also consider the impact on surance coverage when employees lose its—in this case, they distribute them. workers and communities. They will their job or change their job. consider both of those. The lesson of the health reform de- They pay the $35. It will amount to $70 We are not assigning percentages to bate of 1994 is that a sharply divided in this illustration if it is a most-fa- each of them but we are taking note Congress cannot make far-reaching vored company. If they retained $100, that we believe that if we have estab- changes in election years. Instead of but distributed to shareholders the $100 lished the antitrust laws to consider repeating that mistake, we should distribution, this would be a $25 tax re- competition between the various com- enact the reforms that have broad bi- duction on the shares distributed to panies, that we also ought to encour- partisan support and that are achiev- the shareholders, which would mean age them to take a look at what the able this year, if both sides in the on- there would be $26 on this segment, impact is going to be on working fami- going health reform debate refrain meaning there would be $61 rather than from piling on controversial additional the $70. lies. Not to say that has to override, provisions. So, the drive for this kind of reduc- but just that it has to be considered as Second, it is time to raise the min- tion will be the shareholders that will they are making the remedies, to go imum wage, which will soon reach its be involved in this decision. This will forward with any of the new mergers or lowest level in 40 years. April 1 marked rely on their interest, their involve- with any of the divestitures. That is the fifth anniversary of the last in- ment, their pressure, rather than a the place this will go on through. We crease in the minimum wage. Raising governmental institution or a State in- see the total number of mergers—2,800 it from $4.25 an hour to $5.15 an hour, stitution to be able to move this proc- last year. They have been escalating in two steps this year and next year, as ess forward. They will see, with the dis- dramatically. About 20 percent of those President Clinton has proposed, will in- tribution, that their taxes on that dis- are reviewed carefully by the Federal crease the wages of 13 million Ameri- tribution will be reduced. Trade Commission and DOJ. Only a cans. It will be interesting to see We reward other countries with tariff small amount of them ever get into whether Senator DOLE and other Re- benefits if they qualify as most favored this kind of a process, but that is an publicans are prepared to join us as the nations. We should create a category of extremely important item and can debate goes on. most-favored companies and reward make a very, very important dif- Third, Congress should reform the them when they treat their employees ference. immigration laws to end antiworker as assets. Mr. President, in addition, the bill abuses. Republicans and Democrats In addition, the bill I am introducing eliminates the tax deductions that en- speak with one voice in urging the today provides that the Federal Gov- courage mergers and acquisitions and strongest possible crackdown on illegal ernment, with its billions of dollars in leveraged buyouts that cost American immigration. But reforms and legal Government procurement and con- jobs and line the pockets of the fin- immigration are needed, too, in order tracting, will give preference to these anciers of the deals. Another major to give American workers the protec- companies that treat their employees section protects retirement security by tion they need and deserve. well and qualify for the tax benefits— encouraging companies to provide We should make it illegal for U.S. about $85 billion, $85 to $100 billion in greater pension coverage for employ- firms to lay off American workers and various contracts. Those most-favored ees. replace them with cheap imported for- companies would have the preference Last Thursday, President Clinton eign labor. Before U.S. firms hire for- when competing with a nonfavorite for proposed a series of needed reforms in eign workers they should make a good- a particular contract. That would be the current laws applicable to workers faith effort to hire qualified American true, as well as extended loan provi- who now participate in pension plans. workers. If we refuse to enact reason- sions that come through the various These reforms will encourage new pen- able restrictions to protect U.S. jobs, loaning agencies of the Federal Gov- sion plans for small businesses, ex- we will fuel the drive for extreme re- ernment. That is a smaller figure, pands IRA eligibility, increases pension strictions that will slam the door un- about $20 billion, but it is still very, portability and prevents pension raid- fairly against all immigrants. very important, particularly for small- ing.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3314 CONGRESSIONAL RECORD — SENATE April 15, 1996 In addition, I am proposing several The bill pays for these provisions THE COMMONSENSE MIDDLE-CLASS TAX RELIEF other reforms to facilitate coverage for with revenues generated from the re- ACT employees who do not have access to peal of the incentives in the current ∑ Mr. HARKIN. Mr. President, I intro- pension plans through their current tax law that encourage companies to duce the Commonsense Middle-Class employment plan. The bill establishes close U.S. plants, uproot jobs in the Tax Relief Act. an individual pension plan mechanism United States, and transfer them to Today, middle-class Americans are for all individuals without access to foreign countries abroad. working longer hours for smaller pay- employer-based plans. Workers will no We can save $40 billion or more over checks. American families deserve a longer be dependent upon their em- the next 7 years by repealing tax raise. And that’s just what my legisla- ployer for retirement planning and sav- breaks for profits earned in foreign tion provides—a raise in incomes, a ings. The bill will provide portability countries, tax exemptions for compa- raise in education and skills, and a to all these workers who could never nies that transfer title to goods on the raise in living standards. The Commonsense Middle-Class Tax before gain access to a pension plan. high seas to avoid U.S. taxes; price rig- Relief Act is based on a fundamental They will be able to take these plans ging by multinational corporations with them from job to job. The employ- premise: a higher education means that minimize U.S. income and maxi- higher income. er’s sole responsibility is the payroll mize income in foreign tax havens; deduction of the employees’ savings. The bill would provide a $10,000 tax sham corporations that generate huge deduction for a person or their parents Less than 50 percent of the private tax deductions for moving plants and work force is now covered by private for the costs of tuition and fees at a jobs overseas, and loopholes that allow college or for a vocational education. pension plans. More than 68 million billionaires to thumb their noses at Americans have no pension coverage. The full deduction would be available Uncle Sam and renounce their Amer- Ironically, most of them work in small- for families with an adjusted gross in- ican citizenship and move to a foreign er businesses, which are the driving come of $80,000 and would be reduced as tax haven to evade taxes on the mas- force of the future economy. Yet their the income exceeded that level, being sive wealth they have accumulated in retirement needs are neglected. These completely phased out when the tax- are the workers who are the backbone America. payer’s income exceeded $100,000 for The Members are familiar with this of the economy during their working joint filing taxpayers. list because many of these have been lives. They constitute more than half For individuals the full credit would of the work force. We cannot ignore offered by other Members of the Cham- be available for those with adjusted in- their retirement needs. Like health ber at different times. We have already comes of up to $60,000 phasing out com- care, good pension coverage should be voted on the billionaires’ tax loophole, pletely at $80,000. For the current year, accessible, affordable, and portable. which benefits a handful of Americans half of the $10,000 deduction would be This chart demonstrates the alter- who have made substantial amounts of available. The full $10,000 deduction native pension plan which is employer money—in some instances, billionaires. would be available starting in 1997 and based. Here we have the IRA’s. The By renouncing their citizenship and thereafter. This provision is similar to proposal that I am introducing today, moving overseas, they effectively es- one proposed by President Clinton. Under existing law, post-secondary the individual pension plan which is cape all of the taxes on that money expenses can only be deducted under the more acceptable, what this does, it that was earned in the United States, very narrow circumstances: if it is for says the employer will permit the con- and they avoid paying any of their tax the improvement of one’s skills in a job tribution by the employee into a pen- obligations by just escaping and re- a person holds above the skills needed sion system, that that pension system nouncing American citizenship. This is to acquire that position, but to acquire is going to have to live up to fiduciary called the ‘‘Benedict Arnold tax loop- additional skills required by the gov- and ERISA standards, which will give hole.’’ It is an appropriate name for it. ernment or the employer to stay in the greater protections for the individual The others are matters which raise some $40 billion, and this is not even a position. pension plans and the advantage of My measure also would restore the portability over the IRA’s. Individuals complete list. We are, obviously, open to other rec- exclusion of employer-paid payments will be able to take, though, their port- of post-secondary college and voca- ommendations, suggestions, or add-ons able pension plans with them. tional education costs for improvement for this. But it does indicate that we do As we all know, most of the new jobs of an employee’s job related skills that have an opportunity to reduce these in the country are produced by the were allowed prior to January 1, 1995. kinds of incentives that, today, are im- small businesses. Pension plans will It would make the exclusion perma- serve the retirement needs of millions pacting working families. We will hear nent. of existing and future small business that we should not use the Tax Code to The Commonsense Middle-Class Tax workers with no pension options. achieve social outcomes. The fact of Relief Act will cut taxes on hard-work- Finally, the bill I am introducing ex- the matter is that these tax provisions, ing families trying to get ahead, raise pands educational opportunities for which exist in the Internal Revenue incomes, and prepare Americans for workers by offering them the tax bene- Code today, are all impacting and af- the 21st century. It will mean higher fits for employers and families. This is fecting adversely working families. We incomes, higher education, and higher an issue that is familiar to most Mem- are saying, let us stop that. We cover quality jobs for hard-working Ameri- bers of this body. What we find out the revenues here and provide the in- cans. once again, to learn what is the level of centives for the American workers. Mr. President, education is key to income from those that both do not The ‘‘quiet depression’’ facing Amer- both the raising of incomes of average finish high school compared to those ican workers is the central economic, Americans and to increasing the com- that complete various segments of social, and political issue of 1996. When petitiveness of America in an increas- their education. This chart is the aver- the economy is wrong, nothing else is ingly global economy. I ask unanimous age annual earnings by level of edu- right. Progress and opportunity for all consent that a recent article in the cation. We see that those that do not is a fundamental American value. We Washington Post by Lester Thurow on finish high school and are employed know the problem. We know its ur- this topic be included in the RECORD. earn $12,800; those that have profes- gency. The only thing that is unaccept- Mr. President, I urge my colleagues sional degrees, earn $74,000. We know able is to do nothing. to join me in support of this common- the stories of World War II. Every dol- sense proposal. We should be able to lar invested was returned eight times By Mr. HARKIN: agree on a bipartisan basis that this to the Federal Treasury. The more in- S. 1670. A bill to amend the Internal type of important middle-class tax re- centives that we can provide to in- Revenue Code of 1986 to allow a deduc- lief is needed and will mean better op- crease opportunities for education, the tion for postsecondary education ex- portunities and better incomes for mil- better off our economy and our ability penses, to make permanent the exclu- lions of Americans. to compete. We have incentives for sion for employer-provided education, There being no objection, the article both the training programs as well as and for other purposes; to the Com- was ordered to be printed in the tuition of programs spelled out. mittee on Finance. RECORD, as follows:

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3315 [From the Washington Post, Apr. 7, 1996] nications technologies have become so so- to which everyone has equal access); unless PREPARING STUDENTS FOR THE COMING phisticated that high-wage skilled workers he has access to more capital than a Korean CENTURY in the First World can work together effec- (and no American can since there is a global (By Lester C. Thurow) tively with low-wage unskilled workers in capital market where everyone borrows in the Third World. America’s unskilled now New York, London and Tokyo); unless he has Consider an alphabetical list of the 12 larg- get paid based on their own abilities and not more skilled co-workers than a Korean (and est companies in America at the turn of the on those of their better-trained co-workers. no American can claim to since multi- 20th century; the American Cotton Oil Com- Industrial components that require highly national companies can send needed knowl- pany, American Steel, American Sugar Re- skilled manufacturers can be made in the edge and skills anywhere in the world); and fining Company, Continental Tobacco, Fed- First World and then shipped to the Third unless he has access to better technology eral Steel, General Electric, National Lead, World to be assembled with ‘‘low skill’’ com- than a Korean (and few Americans have, Pacific Mail, People’s Gas, Tennessee Coal ponents. Research and design skills can be since reverse engineering—tearing a product and Iron, U.S. Leather and U.S. Rubber. Ten electronically brought in from the First apart to learn how it is made—has become of the 12 were natural resource companies. World. Sales results can be quickly commu- an international art form; highly refined in The economy then was a natural resource nicated to the Third World factory, and re- Korea). Adjusted for skills, Korean wages economy, and wherever the most highly tailers know that the speed of delivery won’t will rise and American wages will fall until needed resources were to be found, employ- be significantly affected by where production they equal each other. At that point, factor ment opportunities would follow. occurs. Instant communications and rapid price equalization will have occurred. In contrast consider the list made 90 years transportation allow markets to be served The implications for the future are simple. later by the Japanese Ministry of inter- effectively from production points on the If America wants to generate a high stand- national Trade and Industry, enumerating other side of the globe. ard of living for all of its citizens, skill and what it projected to be the most rapidly Multinational companies are central in knowledge development are central. New growing industries of the 1990s: microelec- this process: Where they develop and keep brainpower industries have to be invented tronics, biotech, the new material-science technological leadership will determine and captured. Organizing brainpower means industries, telecommunications, civilian air- where most of the high-level jobs will be lo- not just building a research and development craft manufacturing, machine tools and ro- cated. If these firms decide to locate their system that will put us on the leading edge bots, and computers (hardware and soft- top-wage leadership skills in the United of technology, but organizing a top-to-bot- ware). All are brainpower industries that States, it will not be because they happen to tom work force that has the brainpower nec- could be located anywhere on the face of the be American firms but because America of- essary to make us masters of the new pro- earth. Where they will take root and flourish fers them the lowest cost of developing these duction and distribution technologies that depends upon who organizes the brainpower skills. The decisions will be purely economic. will allow us to be the world’s low-cost pro- to capture them. And who organizes the If America is not competitive in this regard, ducers. power most efficiently will depend on who the market will move on. The countries that To do this will require a very different educates toward that objective best. offer companies the lowest costs of devel- American educational system. And building But back to the industries for the moment: oping technological leadership will be the such a system is the new American chal- Think of the video camera and recorder (in- countries that invest the most in research lenge. vented by Americans), the fax (invented by and development, education and infrastruc- Progress has to start by ratcheting up the Americans), and the CD player (invented by ture (telecommunications systems, etc.). the Dutch). When it comes to sales, employ- If the person on a loading dock runs a com- intensity of the American high school. The ment and profits, all have become Japanese puterized inventory-control system in which performance of the average American high products despite the fact that the Japanese he logs delivered materials right into his school graduate simply lags far behind that did not invent any of them. Product inven- hand-held computer and the computer in- found in the rest of the industrial world. tion, if one is also not the world’s low-cost stantly prints out a check that is given to Those Americans who complete a college producer, gives a country very little eco- the truck driver to be taken back to his firm course of study end up catching up (the rest nomic advantage. Being the low-cost pro- (eliminating the need for large white-collar of the industrial world doesn’t work very ducer is partly a matter of wages, but to a accounting offices that process purchases), hard in the first couple of years of university much greater extent it is a matter of having the person on the loading dock ceases to be education), but three-quarters of the Amer- the skills necessary to put new things to- someone who just moves boxes. He or she has ican work force doesn’t ever catch up. gether. to have a very different skill set. The skill gap doesn’t end there. Non-col- Wages don’t depend on an individuals’s Factory operatives and laborers used to be lege-bound high school graduates elsewhere skill and productivity alone. To a great ex- high school graduates or even high school in the industrial world go on to some form of tent they reflect team skills and team dropouts. Today 16 percent of them have post-secondary skill training. Germany has productivies. The value of any single per- some college education and 5 percent have its famous apprenticeship system; in France son’s knowledge depends upon the smartness graduated from college. Among precision every business firm by law has to spend one with which that knowledge is used in the production and craft workers, 32 percent percent of its sales revenue on training its overall economic system—the abilities of have been to or graduated from college. work force; and with lifetime employment as buyers and suppliers to absorb that individ- Among new hires those percentages are a fact of life, Japanese companies invest ual’s skills. much higher. In the last two decades, the heavily in the work force’s skills since they In an era of brainpower industries, how- linkage between math abilities and wages know that it is impossible to hire skilled ever, the picture is even more complicated: has tripled for men and doubled for women. workers from the outside. In America, gov- The economy is a dynamic economy always The skill sets required in the economy of ernment-funded programs are very limited in in transition—the companies that do best the future will be radically different from nature, and, with high labor-force turnover are those able to move from product to prod- those required in the past. And the people rates, American companies quite rationally uct within technological families so quickly who acquire those skill sets may not be the don’t want to make skill investments in peo- that they can always keep one generation unskilled workers who currently live in the ple who will leave and take their skills else- ahead. Keeping one jump ahead in software, first world. With the ability to make any- where. The net result is a compounded skill for instance, Bill Gates’s Microsoft had a net thing anywhere in the world and sell it any- gap for those Americans who do not graduate income running at 24 percent of sales in 1995. where else in the world, business firms can from college. Closing this gap and giving the If a country wants to stay at the leading ‘‘cherry pick’’ the skilled or those easy (i.e., country a competitive edge should be Amer- edge of technology and continue to generate cheap) to teach wherever they live. Amer- ica’s number one educational priority.∑ high wages and profits, it must be a partici- ican firms don’t have to hire an American pant in the evolutionary progress of brain- high school graduate if that graduate is not By Mr. HARKIN: power industries so that it is in a position to world-class. His or her educational defects S. 1671. A bill to provide for cockpit take advantage of the technical and eco- are not their problem. Investing to give the voice recorders and flight data record- nomic revolutions that occasionally arise. necessary market skills to a well-educated ers on noncombat aircraft of the Knowledge has become the only source of Chinese high school graduate may well end Armed Forces; to the Committee on long-run sustainable competitive advantage. up being a much more attractive (i.e., less Recent studies show that rates of return for costly) investment than having to retrain an Armed Services. industries that invest in knowledge and skill American high school dropout or a poorly DEPARTMENT OF DEFENSE NONCOMBAT are more than twice those of industries that trained high school graduate. AIRCRAFT LEGISLATION concentrate on plant and equipment. In the Take Korea for example. In a global econ- ∑ Mr. HARKIN. Mr. President, I am in- past, First World citizens with Third World omy, what economists know as ‘‘the theory troducing a bill that requires all De- skills could earn premium wages simply be- of factor price equalization’’ holds that an partment of Defense noncombat air- cause they lived in the First World. They American worker will have to work for had more equipment, better technology and wages commensurate with a Korean’s wages craft to have both cockpit voice re- more skilled co-workers than those who unless he works with more natural resources corders and flight data recorders. I was lived in the Third World. But that premium than a Korean (and no American can, since shocked to learn that the airplane that is gone Today’s transportation and commu- there is now a world market for raw material crashed in Bosnia with tragic loss of 35

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3316 CONGRESSIONAL RECORD — SENATE April 15, 1996 lives including Ron Brown, the Sec- Cosmetic Act to provide for improve- length of service awards to volunteers retary of Commerce was not equipped ments in the process of approving and performing fire fighting or prevention with those important devices. using animal drugs, and for other pur- services, emergency medical services, We need to thoroughly understand poses. or ambulance services from the limita- why any plane crash occurs. With that S. 912 tions applicable to certain deferred knowledge, was can better protect At the request of Mr. KOHL, the name compensation plans, and for other pur- other planes of a similar type. In this of the Senator from Oregon [Mr. poses. case, the Department of Defense plane WYDEN] was added as a cosponsor of S. S. 1344 used was very similar to civilian air- 912, a bill to amend the Internal Rev- At the request of Mr. HEFLIN, the craft. In other cases that may not be enue Code of 1986 with respect to the name of the Senator from Connecticut true. But, in all cases, we need to fully eligibility of veterans for mortgage [Mr. LIEBERMAN] was added as a co- understand crashes and near crashes to revenue bond financing, and for other sponsor of S. 1344, a bill to repeal the better improve our safety record. purposes. requirement relating to specific statu- tory authorization for increases in ju- The bill provides that the Depart- S. 969 dicial salaries, to provide for auto- ment of Defense should establish rules At the request of Mr. BRADLEY, the to require that noncombat aircraft matic annual increases for judicial sal- name of the Senator from New York aries, and for other purposes. contain those devices within 120 days [Mr. D’AMATO] was added as a cospon- S. 1400 of enactment and that the devices be in sor of S. 969, a bill to require that place within 1 year. The legislation At the request of Mrs. KASSEBAUM, health plans provide coverage for a the name of the Senator from New provides that the requirements for the minimum hospital stay for a mother Department be as similar as possible to Hampshire [Mr. GREGG] was added as a and child following the birth of the cosponsor of S. 1400, a bill to require those used by the FAA. child, and for other purposes. On April 9, I wrote to Secretary the Secretary of Labor to issue guid- S. 984 Perry about this issue and asked how ance as to the application of the Em- At the request of Mr. GRASSLEY, the many DOD noncombat planes do not ployee Retirement Income Security name of the Senator from Montana have these devices and what would be Act of 1974 to insurance company gen- [Mr. BURNS] was added as a cosponsor the cost of placing those devices into eral accounts. of S. 984, a bill to protect the funda- those aircraft. It is possible that there S. 1483 mental right of a parent to direct the may be some narrow category of non- At the request of Mr. KYL, the name upbringing of a child, and for other combat aircraft where these devices of the Senator from Minnesota [Mr. purposes. would not be appropriate because of GRAMS] was added as a cosponsor of S. the specialized nature of the aircraft or S. 1027 1483, a bill to control crime, and for extreme cost. If that is the case, I look At the request of Mr. BROWN, the other purposes. forward to learning about the specific name of the Senator from Pennsyl- S. 1505 situations involved. There may be a vania [Mr. SANTORUM] was added as a At the request of Mr. LOTT, the name need for some exceptions. But, I believe cosponsor of S. 1027, a bill to eliminate of the Senator from Tennessee [Mr. that the Congress should move forward the quota and price support programs FRIST] was added as a cosponsor of S. to require that these devices be on for peanuts, and for other purposes. 1505, a bill to reduce risk to public safe- DOD aircraft as quickly as possible. I S. 1028 ty and the environment associated hope that we will act to pass this legis- At the request of Mrs. KASSEBAUM, with pipeline transportation of natural lation, perhaps with some modifica- the name of the Senator from Mary- gas and hazardous liquids, and for tion, very quickly.∑ land [Mr. SARBANES] was added as a co- other purposes. sponsor of S. 1028, a bill to provide in- S. 1551 ADDITIONAL COSPONSORS creased access to health care benefits, At the request of Mr. DORGAN, the S. 358 to provide increased portability of names of the Senator from Illinois [Mr. At the request of Mr. HEFLIN, the health care benefits, to provide in- SIMON] and the Senator from Min- name of the Senator from Nebraska creased security of health care bene- nesota [Mr. WELLSTONE] were added as [Mr. KERREY] was added as a cosponsor fits, to increase the purchasing power a cosponsors of S. 1551, a bill to restore of S. 358, a bill to amend the Internal of individuals and small employers, the broadcast ownership rules under Revenue Code of 1986 to provide for an and for other purposes. the Communications Act of 1934 to the status quo ante the enactment of the excise tax exemption for certain emer- S. 1043 Telecommunications Act of 1996. gency medical transportation by air At the request of Mr. STEVENS, the S. 1574 ambulance. name of the Senator from Louisiana At the request of Mr. BOND, the name S. 605 [Mr. BREAUX] was added as a cosponsor of the Senator from Virginia [Mr. WAR- At the request of Mr. DOLE, the name of S. 1043, a bill to amend the Earth- NER] was added as a cosponsor of S. of the Senator from North Carolina quake Hazards Reduction Act of 1977 to 1574, a bill to provide Federal con- [Mr. HELMS] was added as a cosponsor provide for an expanded Federal pro- tracting opportunities for small busi- of S. 605, a bill to establish a uniform gram of hazard mitigation, relief, and ness concerns located in historically and more efficient Federal process for insurance against the risk of cata- underutilized business zones, and for protecting property owners’ rights strophic natural disasters, such as hur- other purposes. guaranteed by the fifth amendment. ricanes, earthquakes, and volcanic S. 1578 S. 743 eruptions, and for other purposes. At the request of Mr. FRIST, the At the request of Mrs. HUTCHISON, the S. 1183 names of the Senator from Montana name of the Senator from Vermont At the request of Mr. HATFIELD, the [Mr. BURNS] and the Senator from [Mr. LEAHY] was added as a cosponsor name of the Senator from Connecticut Alaska [Mr. STEVENS] were added as co- of S. 743, a bill to amend the Internal [Mr. DODD] was added as a cosponsor of sponsors of S. 1578, a bill to amend the Revenue Code of 1986 to provide a tax S. 1183, a bill to amend the act of Individuals With Disabilities Edu- credit for investment necessary to revi- March 3, 1931 (known as the Davis- cation Act of authorize appropriations talize communities within the United Bacon Act), to revise the standards for for fiscal years 1997 through 2002, and States, and for other purposes. coverage under the act, and for other for other purposes. S. 773 purposes. S. 1595 At the request of Mrs. KASSEBAUM, S. 1232 At the request of Mr. BRADLEY, the the names of the Senator from Michi- At the request of Mr. D’AMATO, the name of the Senator from California gan [Mr. ABRAHAM] and the Senator name of the Senator from Mississippi [Mrs. BOXER] was added as a cosponsor from South Dakota [Mr. DASCHLE] were [Mr. COCHRAN] was added as a cospon- of S. 1595, a bill to repeal the emer- added as cosponsors of S. 773, a bill to sor of S. 1232, a bill to amend the Inter- gency salvage timber sale program, and amend the Federal Food, Drug, and nal Revenue Code of 1986 to exclude for other purposes.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3317 S. 1623 1996, as ‘‘National Character Counts extends condolences to the families of: Staff At the request of Mr. WARNER, the Week.’’ Sergeant Gerald Aldrich, Duane Christian, Barry Conrad, Paul Cushman III, Adam Dar- names of the Senator from Hawaii [Mr. SENATE RESOLUTION 238 ling, Captain Ashley James Davis, Gail AKAKA] the Senator from Illinois [Ms. At the request of Mr. HELMS, the Dobert, Robert Donovan, Claudio Elia, Staff MOSELEY-BRAUN], the Senator from names of the Senator from Colorado Sergeant Robert Farrington, Jr., David Ford, California [Mrs. FEINSTEIN], and the [Mr. BROWN] and the Senator from Iowa Carol Hamilton, Kathryn Hoffman, Lee Senator from Vermont [Mr. JEFFORDS] [Mr. GRASSLEY] were added as cospon- Jackson, Steven Kaminski, Katheryn Kel- were added as cosponsors of S. 1623, a sors of Senate Resolution 238, a resolu- logg, Technical Sergeant Shelley Kelly, bill to establish a National Tourism tion expressing the sense of the Senate James Lewek, Frank Maier, Charles Meiss- Board and a National Tourism Organi- that any budget or tax legislation ner, William Morton, Walter Murphy, Law- zation, and for other purposes. should include expanded access to indi- rence Payne, Nathaniel Nash, Leonard Pieroni, Captain Timothy Schafer, John S. 1639 vidual retirement accounts. Scoville, I. Donald Terner, P. Stuart Tholan, At the request of Mr. DOLE, the name f Technical Sergeant Cheryl Ann Turnage, of the Senator from Virginia [Mr. SENATE RESOLUTION 241—IN TRIB- Naomi Warbasse, and Robert Whittaker. ROBB] was added as a cosponsor of S. UTE TO SECRETARY OF COM- SEC. 3. The Secretary of the Senate shall 1639, a bill to require the Secretary of transmit a copy of the resolution to each of MERCE RONALD H. BROWN Defense and the Secretary of Health the families. and Human Services to carry out a By Mr. LOTT (for Mr. DOLE (for him- demonstration project to provide the self, Mr. DASCHLE, Mr. LOTT, Mr. FORD, f Mr. ABRAHAM, Mr. AKAKA, Mr. Department of Defense with reimburse- AMENDMENTS SUBMITTED ment from the medicare program for ASHCROFT, Mr. BAUCUS, Mr. BENNETT, health care services provided to medi- Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, care-eligible beneficiaries under Mrs. BOXER, Mr. BRADLEY, Mr. BREAUX, TRICARE. Mr. BROWN, Mr. BRYAN, Mr. BUMPERS, THE IMMIGRATION CONTROL AND Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, FINANCIAL RESPONSIBILITY ACT S. 1646 Mr. CHAFEE, Mr. COATS, Mr. COCHRAN, OF 1996 At the request of Mr. DOMENICI, the names of the Senator from Arizona Mr. COHEN, Mr. CONRAD, Mr. COVER- DELL, Mr. CRAIG, Mr. D’AMATO, Mr. [Mr. KYL] the Senator from Georgia DEWINE, Mr. DODD, Mr. DOMENICI, Mr. [Mr. COVERDELL], and the Senator from DORGAN (AND OTHERS) DORGAN, Mr. EXON, Mr. FAIRCLOTH, Mr. Arkansas [Mr. PRYOR] were added as AMENDMENT NO. 3667 FEINGOLD, Mrs. FEINSTEIN, Mr. FRIST, cosponsors of S. 1646, a bill to authorize Mr. DORGAN (for himself, Mr. Mr. GLENN, Mr. GORTON, Mr. GRAHAM, and facilitate a program to enhance DASCHLE, Mr. REID, Mr. HOLLINGS, Mr. Mr. GRAMM, Mr. GRAMS, Mr. GRASSLEY, safety, training, research and develop- FORD, Mr. CONRAD, and Mr. FEINGOLD) Mr. GREGG, Mr. HARKIN, Mr. HATCH, ment, and safety education in the pro- proposed an amendment to the bill (S. Mr. HATFIELD, Mr. HEFLIN, Mr. HELMS, pane gas industry for the benefit of 1664) to amend the Immigration and Mr. HOLLINGS, Mrs. HUTCHISON, Mr. propane consumers and the public, and Nationality Act to increase control INHOFE, Mr. INOUYE, Mr. JEFFORDS, Mr. for other purposes. over immigration to the United States JOHNSTON, Mrs. KASSEBAUM, Mr. KEMP- S. 1650 by increasing border patrol and inves- THORNE, Mr. KENNEDY, Mr. KERREY, Mr. At the request of Mr. HARKIN, the tigative personnel and detention facili- KERRY, Mr. KOHL, Mr. KYL, Mr. LAU- names of the Senator from California ties, improving the system used by em- TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. [Mrs. BOXER] and the Senator from ployers to verify citizenship or work- LIEBERMAN, Mr. LUGAR, Mr. MACK, Mr. Rhode Island [Mr. PELL] were added as authorized alien status, increasing pen- MCCAIN, Mr. MCCONNELL, Ms. MIKUL- cosponsors of S. 1650, a bill to amend alties for alien smuggling and docu- SKI, Ms. MOSELEY-BRAUN, Mr. MOY- the Fair Labor Standards Act of 1938 to ment fraud, and reforming asylum, ex- NIHAN, Mr. MURKOWSKI, Mrs. MURRAY, prohibit discrimination in the payment clusion, and deportation law and proce- Mr. NICKLES, Mr. NUNN, Mr. PELL, Mr. of wages on account of sex, race, or na- dures; to reduce the use of welfare by PRESSLER, Mr. PRYOR, Mr. REID, Mr. tional origin, and for other purposes. aliens; and for other purposes; as fol- ROBB, Mr. ROCKEFELLER, Mr. ROTH, Mr. S. JOINT RESOLUTION 49 lows: SANTORUM, Mr. SARBANES, Mr. SHELBY, At the request of Mr. KYL, the name Mr. SIMON, Mr. SIMPSON, Mr. SMITH, At the appropriate place, add the following of the Senator from Virginia [Mr. WAR- new section: Ms. SNOWE, Mr. SPECTER, Mr. STEVENS, NER] was added as a cosponsor of Sen- SEC. . SENSE OF THE SENATE ON A BALANCED Mr. THOMAS, Mr. THOMPSON, Mr. THUR- ate Joint Resolution 49, a joint resolu- BUDGET CONSTITUTIONAL AMEND- MOND, Mr. WARNER, Mr. WELLSTONE, tion proposing an amendment to the MENT. and Mr. WYDEN)) submitted the fol- Constitution of the United States to It is the sense of the Senate that because lowing resolution; which was read: Section 13301 of the Budget Enforcement Act require two-thirds majorities for bills S. RES. 241 prohibits the use of the Social Security trust increasing taxes. Whereas, Ronald H. Brown served the fund surplus to offset the budget deficit, any SENATE RESOLUTION 152 United States of America with patriotism proposal for a constitutional amendment to At the request of Mr. ABRAHAM, the and skill as a soldier, a civil rights leader, balance the budget should contain a provi- name of the Senator from Tennessee and an attorney; sion creating a firewall between the receipts and outlays of the Social Security trust [Mr. FRIST] was added as a cosponsor of Whereas, Ronald H. Brown served since Senate Resolution 152, a resolution to January 22, 1993, as the United States Sec- funds and the rest of the federal budget, and retary of Commerce; that the constitutional amendment should amend the Standing Rules of the Sen- Whereas, Ronald H. Brown devoted his life explicitly forbid using the Social Security ate to require a clause in each bill and to opening doors, building bridges, and help- trust funds to balance the federal budget. resolution to specify the constitutional ing those in need; authority of the Congress for enact- Whereas, Ronald H. Brown lost his life in a ment, and for other purposes. tragic airplane accident on April 3, 1996, ABRAHAM (AND OTHERS) while in service to his country on a mission SENATE RESOLUTION 226 AMENDMENT NO. 3668 in Bosnia; and At the request of Mr. DOMENICI, the Whereas, thirty-two other Americans from (Ordered to lie on the table.) names of the Senator from Maine [Mr. government and industry who served the na- Mr. ABRAHAM (for himself, Mr. COHEN], the Senator from Hawaii [Mr. tion with great courage, achievement and FEINGOLD, Mr. DEWINE, Mr. SIMON, Mr. AKAKA], the Senator from Rhode Island dedication also lost their lives in the acci- SPECTER, Mr. SANTORUM, Mr. WARNER, [Mr. PELL], the Senator from New Mex- dent: Now, therefore, be it Mr. GRAMS, Mr. THURMOND, Mr. LEVIN, ico [Mr. Bingaman], and the Senator Resolved, That the Senate of the United and Mr. BOND) submitted an amend- States pays tribute to the remarkable life from Georgia [Mr. COVERDELL] were ment intended to be proposed by them and career of Ronald H. Brown, and it ex- added as cosponsors of Senate Resolu- tends condolences to his family. to the bill S. 1664, supra; as follows: tion 226, a resolution to proclaim the SEC. 2. The Senate also pays tribute to the At the appropriate place in the bill, insert week of October 13 through October 19, contributions of all those who perished, and the following:

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3318 CONGRESSIONAL RECORD — SENATE April 15, 1996 SEC. . SENSE OF SENATE REGARDING SEPA- ‘‘(2) by inserting before the semicolon at (B) the nonimmigrant classification of the RATE CONSIDERATION OF ISSUES the end of clause (ii) the following: ‘: Pro- alien and the date on which a visa under the RELATING TO LEGAL IMMIGRATION vided, That nothing in this paragraph shall classification was issued or extended or the AND ILLEGAL IMMIGRATION. be construed to prevent a child who is date on which a change to such classification (a) FINDINGS.—The Senate makes the fol- present in the United States in a non- was approved by the Attorney General; and lowing findings: immigrant status other than that conferred (C) the academic standing of the alien, in- (1) One of the first responsibilities of any by paragraph (B), (C), (F)(i), or (M)(i), from cluding any disciplinary action taken by the government is to protect its borders. seeking admission to a public elementary college or university against the alien as a (2) The Federal Government has failed in school or public secondary school for which result of the alien’s being convicted of a this responsibility, both by permitting large such child may otherwise be qualified.’. crime. numbers of individuals to enter into the ‘‘(b) EXCLUSION OF STUDENT VISA ABUS- (2) FERPA.—The Family Educational United States illegally and by failing to take ERS.—Section 212(a) (8 U.S.C. 1182(a)) is Rights and Privacy Act of 1974 (20 U.S.C. effective actions against individuals who amended by adding at the end the following 1232g) shall not apply to aliens described in overstay their visas. new paragraph: subsection (a) to the extent that the Attor- (3) It is urgent that the Congress address ‘(9) STUDENT VISA ABUSERS.—Any alien de- ney General and the Secretary of State de- the problem of illegal immigration promptly scribed in section 101(a)(15)(F) who is admit- termine necessary to carry out the pilot pro- and expeditiously. ted as a student for study at a private ele- gram. (4) The Committee on the Judiciary of the mentary school or private secondary school (d) PARTICIPATION BY COLLEGES AND UNI- Senate has ordered reported to the Senate a and who does not remain enrolled, through- VERSITIES.—(1) The information specified in bill, S. 269, intended to address illegal entry out the duration of his or her elementary or subsection (c) shall be provided by approved into the United States by improving the pa- secondary school education in the United colleges and universities as a condition of— trol of United States borders and to address States, at either (A) such a private school, or (A) the continued approval of the colleges the overstay of visas by keeping track of and (B) a public elementary or public secondary and universities under section 101(a)(15) (F) punishing individuals who overstay their school (if (I) the alien is in fact reimbursing or (M) of the Immigration and Nationality visas. such public elementary or public secondary Act, or (B) the issuance of visas to aliens for pur- (5) Congress has historically considered school for the full, unsubsidized per-capita poses of studying, or otherwise participating, issues relating to illegal immigration sepa- cost of providing education at such school to at such colleges and universities in program rately from issues relating to legal immigra- an individual pursuing such a course of under section 101(a)(15)(J) of such Act. tion. study, or (II) the school waives such reim- (6) The Committee on the Judiciary, after (2) If an approved college or university bursement), is excludable.’. fails to provide the specified information, deliberating carefully about the consider- ‘‘(c) DEPORTATION OF STUDENT VISA ABUS- such approvals and such issuance of visas ation of legislation between the 104th Con- ERS.—Section 241(a) (8 U.S.C. 1251(a)) is shall be revoked or denied. gress on legal immigration and illegal immi- amended by adding at the end the following (e) FUNDING.—(1) The Attorney General and gration, decided that the Senate should con- new paragraph: the Secretary shall use funds collected under sider issues relating to legal immigration ‘(6) STUDENT VISA ABUSERS.—Any alien de- section 281(b) of the Immigration and Na- separately from issues relating to illegal im- scribed in section 101(a)(15)(F) who is admit- tionality Act, as added by this subsection, to migration and ordered reported to the Sen- ted as a student for study at a private ele- pay for the costs of carrying out this section. ate separate bills to address such issues, S. mentary school or private secondary school (2) Section 281 of the Immigration and Na- 269 and S. 1394. and who does not remain enrolled, through- tionality Act (8 U.S.C. 1351) is amended— (7) The House of Representatives has ex- out the duration of his or her elementary or (A) by inserting ‘‘(a)’’ after ‘‘SEC. 281.’’; and pressed its agreement with the proposal to secondary school education in the United (B) by adding at the end the following: consider issues relating to legal immigration States, at either (A) such a private school, or ‘‘(b)(1) In addition to fees that are pre- separately from issues relating to illegal im- (B) a public elementary or public secondary scribed under subsection (a), the Secretary of migration by adopting an amendment to the school (if (I) the alien is in fact reimbursing State shall improve and collect a fee on all bill on immigration being considered by the such public elementary or public secondary visas issued under the provisions of section House of Representatives, H.R. 2202, which school for the full, unsubsidized per-capita 101(a)(15) (F), (J), or (M) of the Immigration struck all provisions of that bill relating to cost of providing education at such school to and Nationality Act. With respect to visas family immigration. an individual pursuing such a course of issued under the provisions of section (b) SENSE OF SENATE.—It is the sense of the study, or (II) the school waives such reim- 101(a)(15)(J), this subsection shall not apply Senate that the issues addressed in S. 269, a bursement), is deportable.’.’’. to those ‘‘J’’ visa holders whose presence in bill to control illegal immigration into the the United States is sponsored by the United United States, should be considered by the SIMPSON AMENDMENT NO. 3670 States government.’’ Senate separately from the issues addressed ‘‘(2) The Attorney General shall impose in S. 1394, a bill to reform legal immigration Mr. SIMPSON proposed an amend- and collect a fee on all changes of non- into the United States. ment to the bill S. 1664, supra; as fol- immigrant status under section 248 to such lows: classifications. This subsection shall not apply to those ‘‘J’’ visa holders whose pres- SIMPSON AMENDMENT NO. 3669 SEC. . PILOT PROGRAM TO COLLECT INFORMA- TION RELATING TO NONIMMIGRANT ence in the United States is sponsored by the Mr. SIMPSON proposed an amend- FOREIGN STUDENTS. United States government.’’ ment to the bill S. 1664, supra; as fol- (a) IN GENERAL.—(1) The Attorney General ‘‘(3) Except as provided in section 205(g)(2) lows: and the Secretary of State shall jointly de- of the Immigration Reform Act of 1996, the velop and conduct a pilot program to collect amount of the fees imposed and collected (1) After sec. 213 of the bill, add the fol- under paragraphs (1) and (2) shall be the lowing new section: electronically from approved colleges and universities in the United States the infor- amount which the Attorney General and the ‘‘SEC. 214. USE OF PUBLIC SCHOOLS BY NON- mation described in subsection (c) with re- Secretary jointly determine is necessary to IMMIGRANT FOREIGN STUDENTS. spect to aliens who— recover the costs of conducting the informa- ‘‘(a) PERSONS ELIGIBLE FOR STUDENT (A) have the status, or are applying for the tion-collection program described in sub- VISAS.—Section 101(a)(15)(F) (8 U.S.C. status, of nonimmigrants under section section (a), but may not exceed $100. 1101(a)(15)(F)) is amended— 101(a)(15) (F), (J), or (M) of the Immigration ‘‘(4) Funds collected under paragraph (1) ‘‘(1) in clause (i) by striking ‘academic and Nationality Act (8 U.S.C. 1101(a)(15) (F), shall be available to the Attorney General high school, elementary school, or other aca- (J), or (M)); and and the Secretary, without regard to appro- demic institution or in a language training (B) are nationals of the countries des- priation Acts and without fiscal year limita- program’ and inserting in lieu thereof ‘public ignated under subsection (b). tion, to supplement funds otherwise avail- elementary or public secondary school (if the (2) The pilot program shall commence not able to the Department of Justice and the alien shows to the satisfaction of the con- later than January 1, 1998. Department of State, respectively.’’ sular officer at the time of application for a (b) COVERED COUNTRIES.—The Attorney (3) The amendments made by paragraphs visa, or of the Attorney General at the time General and the Secretary of State shall (1) and (2) shall become effective April 1, of application for admission or adjustment of jointly designate countries for purposes of 1997. status, that (I) the alien will in fact reim- subsection (a)(1)(B). The Attorney General (f) JOINT REPORT.—Not later than five year burse such public elementary or public sec- and the Secretary shall initially designate after the commencement of the pilot pro- ondary school for the full, unsubsidized per- not less than five countries and may des- gram established under subsection (a), the capita cost of providing education at such ignate additional countries at any time Attorney General and the Secretary of State school to an individual pursuing such a while the pilot program is being conducted. shall jointly submit to the Committees on course of study, or (II) the school waives (c) INFORMATION TO BE COLLECTED.— the Judiciary of the United States Senate such reimbursement), private elementary or (1) IN GENERAL.—The information for col- and House of Representatives on the oper- private secondary school, or postsecondary lection under subsection (a) consists of— ations of the pilot program and the feasi- academic institution, or in a language-train- (A) the identify and current address in the bility of expanding the program to cover the ing program’; and United States of the alien; nationals of all countries.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3319

(g) WORLDWIDE APPLICABILITY OF THE PRO- (7) these current reserves will be necessary COMMITTEE ON SMALL BUSINESS GRAM.—(1)(A) Not later than six months to pay monthly benefits for current and fu- Mr. BOND. Mr. President, I wish to after the submission of the report required ture beneficiaries when the annual surpluses announce that the Committee on Small by subsection (f), the Secretary of State and turn to deficits after 2018; Business will hold a hearing entitled the Attorney General shall jointly com- (8) recognizing that social security is cur- mence expansion of the pilot program to rently a self-financed program, Congress in ‘‘Keeping Up With the Trend: Issues Af- cover the nationals of all countries. 1990 established a ‘‘firewall’’ to prevent a fecting Home-Based Business Owners’’ (B) Such expansion shall be completed not raid on the social security trust funds; on Tuesday, April 23, 1996, at 10 a.m., in later than one year after the date of the sub- (9) raiding the social security trust funds room 428A of the Russell Senate Office mission of the report referred to in sub- would further undermine confidence in the Building. section (f). system among younger workers; (10) the American people overwhelmingly For further information, please con- (2) After the program has been expanded, tact Noreen Bracken, 224–5175. as provided in paragraph (1), the Attorney reject arbitrary cuts in social security bene- COMMITTEE ON ENERGY AND NATURAL RE- General and the Secretary of State may, on fits; and (11) social security beneficiaries through- SOURCES SUBCOMMITTEE ON PARKS, HISTORIC a periodic basis, jointly revise the amount of out the nation deserve to be reassured that PRESERVATION, AND RECREATION the fee imposed and collected under section their benefits will not be subject to cuts and 281(b) of the Immigration and Nationality Mr. CAMPBELL. Mr. President, I their social security payroll taxes will not be would like to announce for the public Act in order to take into account changes in increased as a result of legislation to imple- the cost of carrying out the program. ment a balanced budget amendment to the that a hearing has been scheduled be- (h) DEFINITION.—As used in this section, United States Constitution. fore the Subcommittee on Parks, His- the phrase ‘‘approved colleges and univer- (b) SENSE OF THE SENATE.—It is the sense toric Preservation, and Recreation of sities’’ means colleges and universities ap- of the Senate that any legislation required the Committee on Energy and Natural proved by the Attorney General, in consulta- to implement a balanced budget amendment Resources. tion with the Secretary of Education, under to the United States Constitution shall spe- The hearing will take place on Thurs- subparagraph (F), (J), or (M) of section cifically prevent social security benefits 101(a)(15) of the Immigration and Nationality day, April 25, 1996, at 9:30 a.m. in room from being reduced or social security taxes SD–366 of the Dirksen Senate Office Act (8 U.S.C. 1101(a)(15)). from being increased to meet the balanced budget requirement. Building in Washington, DC. The purpose of this hearing is to re- SIMPSON AMENDMENT NO. 3671 f view S. 902, a bill to amend Public Law Mr. SIMPSON proposed an amend- NOTICES OF HEARINGS 100–479 to authorize the Secretary of ment to the bill S. 1664, supra; as fol- COMMITTEE ON RULES AND ADMINISTRATION the Interior to assist in the construc- lows: Mr. WARNER. Mr. President, I wish tion of a building to be used jointly by After section 115 of the bill, add the fol- to announce that the Committee on the Secretary for park purposes and by lowing new section: Rules and Administration will meet in the city of Natchez as an intermodel ‘‘SEC. 115A. FALSE CLAIMS OF U.S. CITIZENSHIP. SR–301, Russell Senate Office Building, transportation center; S. 951, a bill to ‘‘(a) EXCLUSION OF ALIENS WHO HAVE on Wednesday, April 17, 1996, at 10 a.m. commemorate the service of First La- FALSELY CLAIMED U.S. CITIZENSHIP.—Section dies Jacqueline Kennedy and Patricia 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by to receive testimony on Campaign Fi- adding at the end the following new subpara- nance Reform. Nixon to improving and maintaining graph: For further information concerning the Executive Residence of the Presi- ‘(D) FALSELY CLAIMING CITIZENSHIP.—Any the hearing, please contact Bruce dent and to authorize grants to the alien who falsely represents, or has falsely Kasold of the committee staff on 224– White House Endowment Fund in their represented, himself to be a citizen of the 3448. memory to continue their work; S. United States is excludable.’; and COMMITTEE ON INDIAN AFFAIRS 1098, a bill to establish the Midway Is- ‘‘(b) DEPORTATION OF ALIENS WHO HAVE Mr. MCCAIN. Mr. President, I would lands as a National Memorial; H.R. 826, FALSELY CLAIMED U.S. CITIZENSHIP.—Section a bill to extend the deadline for the 241(a) (8 U.S.C. 1251(a)) is amended by adding like to announce that the Senate Com- at the end the following new paragraph: mittee on Indian Affairs will hold hear- completion of certain land exchanges ‘(6) FALSELY CLAIMING CITIZENSHIP.—Any ings on Wednesday, April 17, Thursday, involving the big Thicket National alien who falsely represents, or has falsely April 18, and Friday, April 19, 1996 on Preserve in Texas; and H.R. 1163, a bill represented, himself to be a citizen of the the President’s Budget Request for fis- to authorize the exchange of National United States is deportable.’.’’. cal year 1997 for Indian programs and Park Service land in the Fire Island related budgetary issues from fiscal National Seashore in the State of New SIMPSON AMENDMENT NO. 3672 year 1996. The hearings will be held at York for land in the Village of Mr. SIMPSON proposed an amend- 1:30 p.m. each day in room 485 of the Patchogue, Suffolk County, NY. Because of the limited time available ment to amendment No. 3667 proposed Russell Senate Office Building. Those wishing additional information for the hearing, witnesses may testify by Mr. DORGAN to the bill S. 1664, by invitation only. However, those supra; as follows: should contact the Committee on In- dian Affairs at 224–2251. wishing to submit written testimony Strike all after the word ‘‘sec.’’ and insert COMMITTEE ON ENERGY AND NATURAL for the hearing record should send two the following: RESOURCES (1) social security is supported by taxes de- copies of their testimony to the Sub- ducted from workers’ earnings and matching Mr. MURKOWSKI. Mr. President, I committee on Parks, Historic Preser- deductions from their employers that are de- would like to announce for the infor- vation, and Recreation, Committee on posited into independent trust funds; mation of the Senate and the public Energy and Natural Resources, U.S. (2) over 42,000,000 Americans, including the scheduling of an oversight hearing Senate, 364 Dirksen Senate Office over 3,000,000 children and 5,000,000 disabled before the Committee on Energy and Building, Washington, DC 20510–6150. workers and their families, receive social se- Natural Resources to receive testi- For further information, please con- curity benefits; mony on the Tongass Land Manage- tact Jim O’Toole of the subcommittee (3) social security is the only pension pro- gram for 60 percent of older Americans; ment Plan. staff at (202) 224–5161. (4) almost 60 percent of older beneficiaries The hearing will take place on Thurs- f day, April 18, 1996, at 9:30 a.m. in room depend on social security for at least half of AUTHORITY FOR COMMITTEE TO their income and 25 percent depend on social SD–366 of the Dirksen Senate Office security for at least 90 percent of their in- Building in Washington, DC. Testi- MEET come; mony will be received from various ad- SUBCOMMITTEE ON THE CONSTITUTION, (5) 138,000,000 American workers pay taxes ministration witnesses. FEDERALISM, AND PROPERTY RIGHTS into the social security system; Those wishing to testify or who wish Mr. LOTT. Mr. President, I ask unan- (6) social security is currently a self-fi- to submit written statements for the imous consent that the Subcommittee nanced program that is not contributing to Record should write to the Committee on the Constitution, Federalism, and the Federal budget deficit; in fact, the social security trust funds now have over on Energy and Natural Resources, U.S. Property Rights of the Senate Com- $400,000,000,000 in reserves and that surplus Senate, Washington, DC 20510. For fur- mittee on the Judiciary, be authorized will increase during fiscal year 1995 alone by ther information, please call Mark Rey to meet during a session of the Senate an additional $70,000,000,000; of the committee staff at 202–224–6170. on Monday, April 15, 1995, at 10 a.m., in

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3320 CONGRESSIONAL RECORD — SENATE April 15, 1996 Senate Dirksen room 226, on Senate rado College coach Don Lucia said, amount is $262.6 billion, $17.0 billion Joint Resolution 49, a proposed con- ‘‘Look at the teams Michigan has beat- above the maximum deficit amount for stitutional amendment, to require a en the last three weeks: Lake Superior, 1996 of $245.6 billion. two-thirds vote on tax increases, and Minnesota, Boston University and now Since my last report, dated March 25, Senate Joint Resolution 8, a proposed us. Those are the best teams in the constitutional amendment to prohibit country. That’s why they’re national 1996, Congress has cleared and the retroactive taxation. champions.’’ President has signed the Contract With The PRESIDING OFFICER. Without This journey by the U. of M. hockey America Advancement Act. Public Law objection, it is so ordered. team was a remarkable achievement 104–121, the Agriculture Improvement f for the players, and for Coach Red and Reform Act, Public Law 104–127, Berenson as well. The victory over Col- and the 12th continuing resolution for ADDITIONAL STATEMENTS orado marked the 300th victory of his 1996, Public Law 104–122. The con- career. A former U. of M. player him- tinuing resolution also included the THE ARAB-AMERICAN CULTURAL self 1960–62, this commemorated a spe- Federal payment to the District of Co- AND COMMUNITY CENTER IN cial homecoming for Coach Berenson. lumbia and emergency funding for Bos- HOUSTON, TX This is the eighth national nia and Herzegovina for economic revi- champsionship in the Wolverines’ talization. These actions changed the ∑ Mr. ABRAHAM. Mr. President, I rise hockey history, more than any other today to express my sincere congratu- collegiate program. Thirty-two years current level of budget authority and lations to those individuals who are re- after their last title, the Wolverines outlays. sponsible for the creation of the Arab- proved to be the best in the west by re- The report follows: American Cultural Center in Houston, turning the trophy to Ann Arbor. A U.S. CONGRESS, TX. The center will be hosting its first sign on the desk of Red Berenson, CONGRESSIONAL BUDGET OFFICE, annual gala ‘‘Unity of Friendship’’ in reads, ‘‘Our Day Will Come,’’ and it Washington, DC, April 15, 1996. Houston on May 4, 1996, and it is wor- certainly has. Hon. PETE V. DOMENICI, thy of recognition. I know that my Senate colleagues Chairman, Committee on the Budget, Mr. President, I commend those join me in congratulating the Univer- U.S. Senate, Washington, DC. members for their efforts in building sity of Michigan hockey team on win- DEAR MR. CHAIRMAN: The attached report this center, which in effect advances ning the NCAA hockey championship. for fiscal year 1996 shows the effects of Con- and demonstrates the continuing posi- Here is the list of our valiant victors. gressional action on the 1996 budget and is tive contributions of Arab-Americans. current through March 29, 1996. The esti- UNIVERSITY OF MICHIGAN HOCKEY TEAM AND This center will primarily serve the COACHING STAFF mates of budget authority, outlays and reve- nues are consistent with the technical and cultural, educational, and social needs Players: Mark Sakala, Bubba Berenzweig, of the Arab-American community. The Chris Frescoln, Peter Bourke, Harold economic assumptions of the 1996 Concurrent center proclaims their vision as ‘‘a Schock, Justin Clark, Matt Herr, Brendan Resolution on the Budget (H. Con. Res. 67). place where Arab-American culture, Morrison, Kevin Hilton, Greg Crozier, Mike This report is submitted under Section 308(b) art, and language can be preserved and Legg, Bill Muckalt. and in aid of Section 311 of the Congressional carried on for generations to come. A Sean Ritchlin, John Madden, Jason Budget Act, as amended. place where Arab-Americans can gath- Botterill, John Arnold, Dale Rominski, Ste- Since my last report dated March 25, 1996, ven Halko, Bobby Hayes, Chris Fox, Blake er to celebrate holidays and festive oc- Congress has cleared, and the President has Sloan, Warren Luhning, Gregg Malicke, Greg casions among relatives and friends. A Daddario, and Marty Turco. signed the Contract with America Advance- place where children can play, study, ment Act (P.L. 104–121), the Agriculture Im- STAFF and learn about their ancestors impres- provement and Reform Act (P.L. 104–127) and Red Berenson, Head Coach, Mel Pearson, the twelfth continuing resolution for 1996 sive history and heritage.’’ Assistant Coach, Billy Powers, Assistant (P.L. 104–122). The continuing resolution also Many in the Arab-American commu- Coach, Rick Bancroft, Trainer, Ian Hume, nity have given generously of their Equipment Manager; and Brian Fishman, included the Federal payment to the District time and money for the construction of Sports Information Director.∑ of Columbia and emergency funding for Bos- nia and Herzegovina for economic revitaliza- this center. They are to be commended f for their very worthwhile efforts and tion. These actions changed the current level foresight, and I am pleased to recognize BUDGET SCOREKEEPING REPORT of budget authority and outlays. these efforts in the U.S. Senate.∑ ∑ Mr. DOMENICI. Mr. President, I Sincerely, JUNE E. O’NEILL, Director. f hereby submit to the Senate the budg- et scorekeeping report prepared by the THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- UNIVERSITY OF MICHIGAN Congressional Budget Office under sec- HOCKEY TEAM CAL YEAR 1996, 104TH CONGRESS, 2D SESSION, AS tion 308(b) and in aid of section 311 of OF CLOSE OF BUSINESS MARCH 29, 1996 ∑ Mr. LEVIN. Mr. President, I rise the Congressional Budget Act of 1974, [In billions of dollars] today to honor the University of Michi- as amended. This report meets the re- gan hockey team, because Saturday, quirements for Senate scorekeeping of Budget res- Current March 30, 1996, the Wolverines captured section 5 of Senate Concurrent Resolu- olution H. Current level over/ Con. Res. level under reso- the NCAA hockey championship, de- tion 32, the first concurrent resolution 67 lution feating Colorado College by a score of 3 on the budget for 1986. to 2 in overtime. The game was held at This report shows the effects of con- ON-BUDGET Budget authority ...... 1,285.5 1,301.5 16.0 Riverfront Coliseum in Cincinnati in gressional action on the budget Outlays ...... 1,288.1 1,305.0 16.9 front of a sell out crowd of 13,330, most- through March 29, 1996. The estimates Revenues: ly Michigan fans who traveled south to of budget authority, outlays, and reve- 1996 ...... 1,042.5 1,042.4 ¥0.1 1996–2000 ...... 5,691.5 5,697.0 5.5 support their team. nues, which are consistent with the Deficit ...... 245.6 262.6 17.0 Coach Red Berenson has described his technical and economic assumptions of Debt subject to limit ...... 5,210.7 5,054.8 ¥155.9 formula for success as ‘‘hard work . . . the 1996 concurrent resolution on the OFF-BUDGET patience and perseverance,’’ and that budget. House Concurrent Resolution Social Security outlays: was what the members of the U. of M. 67, show that current level spending is 1996 ...... 299.4 299.4 0.0 1996–2000 ...... 1,626.5 1,626.5 0.0 hockey team embraced this 1995–96 sea- above the budget resolution by $16.0 Social Security revenues: son as they triumphed in their final billion in budget authority and by $16.9 1996 ...... 374.7 374.7 0.0 victory with a tie-breaking goal by billion in outlays. Current level is $81 1996–2000 ...... 2,061.0 2.061.0 0.0 junior Brendan Morrison, 2 minutes million below the revenue floor in 1996 Note.—Current level numbers are the estimated revenue and direct spending effects of all legislation that Congress has enacted or sent to the and 35 seconds into overtime. This vic- and $5.5 billion above the revenue floor President for his approval. In addition, full-year funding estimates under tory for the Wolverine hockey team over the 5 years 1996–2000. The current current law are included for entitlement and mandatory programs requiring annual appropriations even if the appropriations have not been made. The ended the doubts that this team could estimate of the deficit for purposes of current level of debt subject to limit reflects the latest U.S. Treasury infor- return home as NCAA champions. Colo- calculating the maximum deficit mation on public debt transactions.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3321 THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. (2) Human rights. Clinton comes into office SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- chiding Bush for ‘‘coddling dictators.’’ In PORTING DETAIL FOR FISCAL YEAR 1996, AS OF CLOSE PORTING DETAIL FOR FISCAL YEAR 1996, AS OF CLOSE March 1994, Secretary of State Warren OF BUSINESS MARCH 29, 1996 OF BUSINESS MARCH 29, 1996—Continued Christropher goes to China wagging his fin- ger about human rights. The Chinese respond [In millions of dollars] [In millions of dollars] by placing more than a dozen dissidents under house arrest while Christopher is Budget Budget authority Outlays Revenues authority Outlays Revenues there, then declare that human rights in China are none of his business. Christopher ENACTED IN PREVIOUS CONTINUING RESOLUTION slinks away. SESSIONS AUTHORITY (3) Trade. The administration signs agree- Revenues ...... 1,042,557 Twelfth Continuing Resolution Permanents and other spend- (P.L. 104–122) 5 ...... 116,863 54,882 ...... ments with China under which it pledges to ing legislation ...... 830,272 798,924 ...... ENTITLEMENTS AND halt its massive pirating of American soft- Appropriation legislation ...... 242,052 ...... MANDATORIES ware and other intellectual property. China Offsetting receipts ...... ¥200,017 ¥200,017 ...... Budget resolution baseline es- doesn’t just break the agreements, it flouts timates of appropriated en- Total previously en- titlements and other man- them. Two years later the piracy thrives. acted ...... 630,254 840,958 1,042,557 datory programs not yet en- (4) And now Taiwan. For a quarter-cen- acted ...... 131,056 127,749 ...... tury, the United States has insisted that the ENACTED IN FIRST SESSION 6 Total current level ...... 1,301,514 1,305,010 1,042,419 unification of Taiwan with China must occur Appropriation Bills: Total budget resolution ...... 1,285,500 1,288,100 1,042,500 1995 Rescissions and De- Amount remaining: only peacefully. Yet for the last two weeks, partment of Defense Under budget resolution ...... 81 China has been conducting the most threat- Over budget resolution ...... 16,014 16,910 ...... Emergency Supplementals ening military demonstration against Tai- Act (P.L. 104–6) ...... ¥100 ¥885 ...... 1 Less than $500,000. wan in 40 years: firing M–9 surface-to-surface 1995 Rescissions and Emer- 2 gency Supplementals for P.L. 104–92 and P.L. 104–99 provides funding for specific appropriated missiles within miles of the island, holding Disaster Assistance Act accounts until September 30, 1996. 3 huge live-fire war games with practice inva- (P.L. 104–19) ...... 22 ¥3,149 ...... This bill, also referred to as the sixth continuing resolution for 1996, Agriculture (P.L. 104–37) .... 62,602 45,620 ...... provides funding until September 30, 1996 for specific appropriated ac- sions, closing shipping in the Taiwan Strait. counts. Defense (P.L. 104–61) ...... 243,301 163,223 ...... 4 Slap four is the logical outcome of the first Energy and Water (P.L. The effects of this Act on budget authority, outlays and revenues begin in fiscal year 1997. three, each of which was met with a supine 104–46) ...... 19,336 11,502 ...... 5 Legislative Branch (P.L. This is an annualized estimate of discretionary funding that expires American response, some sputtering expres- 105–53) ...... 2,125 1,977 ...... April 24, 1996, for the following appropriation bills: Commerce-Justice, Inte- sion of concern backed by nothing. On nu- rior, Labor-HHS-Education and Veterans-HUD. Military Construction (P.L. 6 clear proliferation, for example, Clinton sus- 104–32) ...... 11,177 3,110 ...... In accordance with the Budget Enforcement Act, the total does not in- Transportation (P.L. 104–50) 12,682 11,899 ...... clude $3,615 million in budget authority and $1,667 million in outlays for pended granting new loan guarantees for Treasury, Postal Service funding of emergencies that have been designated as such by the President U.S. businesses in China—itself a risible and the Congress. (P.L. 104–52) ...... 23,026 20,530 ...... sanction—for all of one month! Offsetting receipts ...... ¥7,946 ¥7,946 ...... Notes.—Detail may not add due to rounding.• Authorization Bills: ‘‘Our policy is one of engagement, not con- Self-Employed Health Insur- f tainment,’’ says Winston Lord, assistant sec- ¥ ¥ ¥ ance Act (P.L. 104–7) ..... 18 18 101 CHINA’S FOUR SLAPS retary of state for East Asian and Pacific af- Alaska Native Claims Settle- fairs. This is neither. This is encouragement. ment Act (P.L. 104–42) .. 1 1 ...... ∑ Fishermens’ Protective Act Mr. SIMON. Mr. President, I am Two issues are at stake here. The first is Amendments of 1995 concerned that we are waffling on the the fate of Taiwan and its democracy. Tai- (P.L. 104–43) ...... (1) ...... China issue when we should be very wan is important not just because it is our Perishable Agricultural Com- modities Act (P.L. 104– clear. eighth-largest trading partner. With its pres- 48) ...... 1 (1) 1 Clarity in this case will lead to a di- idential elections tomorrow, Taiwan be- Alaska Power Administration comes the first Chinese state in history to Sale Act (P.L. 104–58) ... ¥20 ¥20 ...... minished likelihood of military action ICC Termination Act (P.L. and a diminished likelihood of a spurt become a full-fledged democracy. It thus 1 104–88) ...... ( ) to the arms race in Asia. constitutes the definitive rebuff to the claim of Asian dictators from Beijing to Singapore Total enacted first The Charles Krauthammer column session ...... 366,191 245,845 ¥100 that democracy is alien to Confucian soci- which appeared in the Washington Post eties. Hence Beijing’s furious bullying re- ENACTED IN SECOND SESSION recently, and which I ask to be printed sponse. Appropriation Bills: in the RECORD after my remarks, is un- The second issue has nothing to do with Seventh Continuing Resolu- Taiwan. It is freedom of the seas. As the tion (P.L. 104–92) 2 ...... 13,165 11,037 ...... fortunately accurate. It eloquently Ninth Continuing Resolution outlines what has been taking place. world’s major naval power, we are, like 19th (P.L. 104–99) 2 ...... 792 ¥825 ...... He also mentions the matter of ‘‘quiet century Britain, its guarantor—and not from District of Columbia (P.L. altruism, Living on an island continent, 104–122) ...... 712 712 ...... diplomacy.’’ Whenever I talk to people Foreign Operations (P.L. in the State Department they assure America is a maritime trading nation with 104–107) ...... 12,104 5,936 ...... allies and interests and commerce across the Offsetting receipts ...... ¥44 ¥44 ...... me that ‘‘quiet diplomacy’’ is being seas. If the United States has any vital inter- Authorization Bills: used. Gloucester Marine Fisheries ests at all—forget for the moment Taiwan or Act (P.L. 104–91) 3 ...... 30,502 19,151 ...... My experience over the years is that even democracy—it is freedom of navigation. Smithsonian Institution ‘‘quiet diplomacy’’ frequently means Chinese Premier Li Peng warns Wash- Commemorative Coin Act (P.L. 104–96) ...... 3 3 ...... no diplomacy or it means ‘‘anemic di- ington not to make a show of force—i.e., Saddleback Mountain Ari- plomacy.’’ send our Navy—through the Taiwan Strait. zona Settlement Act (P.L. Secretary of Defense William Perry responds 104–102) ...... ¥7 ...... The column follows. Telecommunications Act of [From the Washington Post] with a boast that while the Chinese ‘‘are a 1996 (P.L. 104–104) 4 ...... great military power, the premier—the CHINA’S FOUR SLAPS—AND THE UNITED Farm Credit System Regu- strongest—military power in the Western latory Relief Act (P.L. STATES’ CRAVEN RESPONSE 104–105) ...... ¥1 ¥1 ...... Pacific is the United States.’’ National Defense Authoriza- (By Charles Krauthammer) Fine words. But Perry has been keeping his tion Act of 1996 (P.L. The semi-communist rulers of China like Navy away from the strait. This is to talk 104–106) ...... 369 367 ...... to assign numbers of things. They particu- Extension of Certain Expir- loudly and carry a twig. If we have, in Per- ing Authorities of the De- larly like the number 4. There was the Gang ry’s words, ‘‘the best damned Navy in the partment of Veterans Af- of Four. There were the Four Modernizations world,’’ why are its movements being dic- fairs (P.L. 104–110) ...... ¥5 ¥5 ...... (agriculture, industry, technology and na- To award Congressional tated by Li Peng? The Taiwan Strait is not Gold Medal to Ruth and tional defense). and now, I dare say, we have a Chinese lake. It is indisputably inter- Billy Graham (P.L. 104– the Four Slaps: four dramatic demonstra- national water and a vital shipping lane. 111) ...... (1) (1) ...... tions of Chinese contempt for expressed An Act Providing for Tax Send the fleet through it. Benefits for Armed Forces American interests and for the Clinton ad- And tell China that its continued flouting in Bosnia, Herzegovina, ministration’s ability to do anything to de- of the rules of civil international conduct— Croatia and Macedonia fend them. (P.L. 104–117) ...... ¥38 everything from commercial piracy to nu- Contract with America Ad- (1) Proliferation. The Clinton administra- clear proliferation, culminating with its in- vancement Act (P.L. 104– tion makes clear to China that it strongly timidation of Taiwan—means the cancella- 121) ...... ¥120 ¥6 ...... objects to the export of nuclear and other Agricultural Improvement tion of most-favored-nation trading status and Reform Act (P.L. 94– mass destruction military technology. What with the United States. 127) ...... ¥325 ¥744 ...... does China do? Last month, reports the CIA, Yes, revoking MFN would hurt the United China secretly sent 5,000 ring magnets to States somewhat. But U.S.-China trade Total enacted second session ...... 57,151 35,575 ¥38 Pakistan for nuclear bomb-making and sent amounts to a mere two-thirds of one percent ready-made poison gas factories to Iran. of U.S. GDP. It amounts to fully 9 percent of

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3322 CONGRESSIONAL RECORD — SENATE April 15, 1996 Chinese GDP. Revocation would be a major said Rabbi Friedman, looking back at a But it is her role as a rebbitzen for 46 blow to China. 33-year relationship. years that has presented truly great re- Yet astonishingly, with live Chinese fire It will be one of a long line of testi- wards. ‘‘I loved being involved in some- lighting up the Taiwan Strait, Treasury Sec- monial dinners made in his honor, be- thing bigger than myself,’’ said Mrs. retary Robert Rubin said Tuesday that the Clinton administration supports continued cause Rabbi Friedman’s dedication to Friedman. ‘‘I loved the idea of con- MFN for China. He did aver that Congress, Jewish causes reached far and wide be- necting with Jewish events as they un- angered by recent events, would probably yond his own temple. He has been hon- rolled and being inspired by lectures not go along. ored by Boy’s Town in Jerusalem; by and great personalities. It was a very This is timorousness compounded. Revok- Bet El, a 13-year-old-settlement in exciting period in my life because I ing MFN is the least we should do in re- Judea Samaria in Israel; by Touro Col- wasn’t only a wife and a mother and sponse to China’s provocations. Pointing to lege’s School of Health Sciences, eventually a grandmother, much as I Congress is a classic Clinton cop-out. The among others. enjoyed those roles—and still enjoy issue is not Congress’s zeal. It is Beijing’s He has received numerous awards and thuggery. those roles, I was also part of what was Quiet diplomacy is one thing. But this is much recognition, such as the Zedakah transpiring among the Jewish people.’’ craven diplomacy. What does it take to get Award from the UJA Federation of Before Rabbi and Mrs. Friedman this administration to act? The actual inva- Jewish Philanthropies in New York, came to North Woodmere, he served in sion of Taiwan? You wait for war, you invite and the degree of honorary fellow con- Congregation Beth David in Lynbrook war.∑ ferred upon him by Bar Ilan University for 13 years as their rabbi. He had been f in Israel. The Jewish Theological Sem- ordained by the Jewish Institute of Re- RABBI MORRIS S. FRIEDMAN inary of America conferred upon him ligion in New York and had received a PLANS JUNE RETIREMENT an honorary doctor of divinity degree master of Hebrew literature degree and AFTER 46 YEARS IN THE RAB- in 1975. a BA degree from Long Island Univer- His stature in the Jewish community BINATE sity. led him to his former, very prestigious, Temple Hillel will say goodbye to ∑ Mr. D’AMATO. Mr. President, I rise role as the president of the New York Rabbi Friedman this June with much to honor Rabbi Morris S. Friedman of Board of Rabbis, the largest rabbinic reluctance. But the congregation Temple Hillel in North Woodmere, NY, organization in the world. He was also knows he will continue to be nearby to on his retirement after so many years chairman of the United Jewish Appeal- offer his guidance and wisdom for years of dedicated service. Federation Rabbinic Advisory Council. to come, as the rabbi emeritus of Tem- In October 1984, Rabbi Friedman wel- He served for 2 years, as well, as chair- ple Hillel. It is a guidance that has comed then-President Ronald Reagan man of the Rabbinical Assembly Cam- taken Temple Hillel to great heights. to his synagogue, Temple Hillel in paign for the Jewish Theological Semi- Said Rabbi Friedman, ‘‘I feel, without North Woodmere, where the President nary of America. For the past 5 years, any hesitation, that we have achieved spoke to a packed congregation. After- he has cochaired the Annual Nassau stardom in the galaxy of Conservative wards, Rabbi Friedman hosted the County Dinner for the Shaare-Zedek Congregations in the New York Area, President at his home for lunch. To- Hospital in Jerusalem. and even worldwide!’’∑ gether they sat, with the rabbi’s wife Rabbi Friedman has further enriched f and children, as well as Secretary of the spiritual lives of this congregants State James Baker and myself. by guiding them through Israel on doz- DR. NAN S. HUTCHISON BROWARD The visit by President Reagan to ens of visits over the years. His own SENIOR HALL OF FAME ELECTEES Rabbi Friedman’s temple and home personal travels have taken him to ∑ Mr. GRAHAM. Mr. President, today I was testimony to the influence and ca- Israel and Europe many times over. would like to recognize and congratu- chet of Rabbi Friedman himself, and to But he would be the first to say the late a group of 12 inspiring citizens the enormous prestige that Temple true richness of his life comes from the from Broward County, FL. These indi- Hillel amassed over the 33 years of joy and love of his family, his wife Ade- viduals have each given their time, tal- Rabbi Friedman’s leadership. It may laide, his daughter, Naomi, his 2 sons, ents, and love to their communities. have been the first time that a sitting Mark and David, and his 12 grand- On March 8, 1996, the following men President lunched at the home of a children. and women were selected as the new rabbi; but it was not the first time that Mrs. Adelaide Friedman has also members of the Dr. Nan S. Hutchison Rabbi Friedman held conversations greatly enriched the lives of those Broward Senior Hall of Fame. Their with world leaders. From his corner of around her. With degrees in English lit- names have been added to a commemo- the world in North Woodmere, Rabbi erature, a bachelor’s from Long Island rative plaque housed in the Broward Friedman has influenced many thou- University and a master’s from County government building. sands of lives, those on the world stage Hofstra, Mrs. Friedman taught English Shirley Berman, of Pembroke Pines, and those presiding over the births and literature at the high school level in has been a selfless volunteer for the deaths and joys and sorrows of a con- girls’ yeshivas. She herself has been Memorial Manor Nursing Home by in- gregation that each year tops 1,000 peo- writing all her life, poetry and short troducing pet therapy to the facility. ple. stories, as well as articles and book re- Ms. Berman also uses her crafting tal- In June of this year, Rabbi Friedman views. Mrs. Friedman wrote a regular, ent to provide materials for various will retire from the pulpit at Temple monthly column for the Jewish World fundraising events. The woolen hats Hillel. several years ago and her book reviews she makes are distributed to premature ‘‘One of my favorite books in the have also appeared in Lifestyles maga- infants at local hospitals. Bible,’’ said Rabbi Friedman when he zine and the quarterly publication for Majorie A. Davis, of Fort Lauderdale, announced his retirement, ‘‘is the Book the New York Board of Rabbis. She has has made a positive impact on her com- of Ecclesiastes. The third chapter be- had articles published on Jewish sub- munity as a teacher for 44 years in the gins with a statement, ‘A season is set jects in several magazines and periodi- Broward County School System. In ad- for everything, a time for every experi- cals, such as the Algemeiner Journal, a dition to enriching the lives of her stu- ence under Heaven.’’’ Yiddish newspaper. dents, she has dedicated her time to His congregation will honor and pay Mrs. Friedman taught adult edu- many local organizations. Among tribute to him, and to his wife, Mrs. cation courses at Temple Hillel on Marjorie’s most recent accolades is the Adelaide Friedman, at a dinner on Jewish literature and has given lec- Urban League of Broward County, Inc. April 21. ‘‘My years at Hillel are truly tures on Jewish women in literature at Kathleen Wright Award which she a love affair between me and the con- the Hewlett-Woodmere Library. Her earned in 1994. gregation. The friendship, affection and creative talents encompass art as well Frank Ford, of Lauderdale Lakes, devotion showered upon me and Addi as writing. She loves to work with oils has shown his willingness to serve his by the congregation, made my service and pastels and the portraits and still- community by forming the Motorola to the community a privilege, a joy lifes she has painted hang on the wall Retirees Alumni after serving with Mo- and an exciting spiritual adventure,’’ of her home and her children’s homes. torola for 20 years. He has also shown

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3323 his concern for children by establishing the seniors of Broward County, Mr. and we all look forward to many more the Kids ID Program, which has photo- Trinchitella is a Deerfield Beach com- championship seasons to come.∑ graphed over 1,200 children to date. missioner, and has been appointed by f Rubye Haile Howell of Fort Lauder- Governor Chiles to a 4-year term as GAMBLING’S TOLL IN MINNESOTA dale, the second school teacher among commissioner for the North Broward the electees, has continued her com- Hospital District. His activities with ∑ Mr. SIMON. Mr. President, the Read- mitment to children long after her re- Century Village have helped to en- er’s Digest recently condensed an arti- tirement. Rubye is the lay leader for hance that vibrant senior community. cle from the Minneapolis Star Tribune the Harris Chapel United Methodist Ms. Eula Williams, of Fort Lauder- written by Chris Ison and Dennis Church and is deeply involved in var- dale, is involved in Mt. Olive Baptist McGrath that talks about the pull of ious organizations in an effort to cre- Church and the Northwest Federated legalized gambling in the State of Min- ate unity among people of all ages. Women’s Club. Her activities include nesota, which I ask to be printed in the Ms. Audrey Millsaps, also of Fort tending the sick, visiting nursing RECORD after my remarks. Lauderdale, has served for 13 years on homes, and helping the homebound. For those who are unaware of the the Areawide Council on Aging, includ- Her involvement in the Area Agency’s problems that we face, please read this ing 2 years as president. She selflessly Session for Seniors, classes which help article. advances children’s issues through the Broward’s seniors deal with inde- It illustrates why we need a national Florida Ocean Science Institute, SOS pendent living, has enriched the lives commission to take a look at where we Children’s Village, the Children Serv- of Broward’s older residents. are going in this Nation on legalized ices Board, and the Children’s Consor- Once again, I would like to congratu- gambling. The article follows: tium, among others. Her many hours of late these outstanding seniors who [From the Minneapolis Star Tribune] service are appreciated by all. have diligently and selflessly given of GAMBLING’S TOLL IN MINNESOTA Dan Pearl has served the people of themselves in order to make Broward (By Chris Ison and Dennis J. McGrath) Sunrise in various capacities and is County a fine place for all of its resi- [America is becoming a nation of gam- currently deputy mayor. Over a decade dents. The State of Florida and blers. Once confined to Atlantic City, Las ago, Mr. Pearl implemented a free flu Broward County are fortunate to have Vegas and Reno, gambling is now legal in 48 shot program, a service which was not residents like these making a dif- states—all but Hawaii and Utah—and casinos covered by Medicare at the time. He ∑ run full tilt in 24. Almost 100 million Ameri- ference and setting an example for all. cans bet $400 billion last year and lost $39 has shown his dedication to seniors and f billion to the house. the American Cancer Society, and can To win legal status, the industry promised occasionally be found bagging gro- SALUTE TO UNIVERSITY OF TEN- some tax-poor states a river of money for ceries at Winn Dixie in order to raise NESSEE WOMEN’S BASKETBALL public programs. But along with the wealth money for the organization. ∑ Mr. FRIST. Mr. President, I rise came an alarming rise in suicides, bank- Joe Rosen’s dedication to the city of today to congratulate the University of ruptcies and crime. Here is the experience of Sunrise and Broward County is far Tennessee Lady Volunteers basketball one state, where the first full-service casino was welcomed in 1988]. reaching. Not only has he held numer- team for yet another outstanding Hour after hour, the blackjack cards ous positions in volunteer organiza- NCAA tournament and an impressive flipped past, and still she played. Friday tions, he has been integral in raising victory over the highly competitive afternoon blurred into Saturday. Through over $45,000 for a host of senior organi- University of Georgia Lady Bulldogs in the ringing of slot machines and chattering zations throughout Broward. His con- the championship game. After posting of coins dropping into tin trays, Catherine cern for the safety of his city’s streets a remarkable record of 32–4, the Lady Avina heard her name paged. is exemplified by his role as com- Vols have brought the national cham- ‘‘Are you coming home tonight?’’ It was pionship title home to Knoxville where her 21-year-old son, Joaquin, on the phone. mander of Citizens on Patrol-Night ‘‘Probably not,’’ she answered. Crime Patrol. it belongs. Avina didn’t go to Mystic Lake Casino in Jean Ross, of Margate, a dynamic The Lady Volunteers displayed the Prior Lake, Minn., as much as she escaped to member of Broward County’s senior teamwork, talent, and sheer deter- it. That weekend in May 1994, the depressed community, currently serves as presi- mination to soundly defeat the Georgia 49-year-old mother of three was escaping the dent of the Broward County Council of Lady Bulldogs 83 to 65. This was clear- worst news yet—she was in danger of being Senior Citizens. This organization ly a championship performance. fired after almost 11 years as an assistant serves seniors by providing them with Mr. President, I want to commend state attorney general. On Monday—her these young women, their head coach fourth straight day at the casino—she much needed information and assist- dragged herself back to her St. Paul home, ance. Jean has also assured that the Pat Summitt and assistant coaches broke and more depressed than ever. council’s blood drives are successful by Mickie DeMoss, Holly Warlick, and Al Two days later, Joaquin confronted his working closely with Broward County’s Brown for their hard work and dedica- mother about her gambling, and they ar- High Schools on an incentive program. tion this year. They have made the gued. The next morning, when she didn’t An exemplary senior advocate and University of Tennessee, the city of come out of her bedroom, he peeked in. Two resident of Tamarac, Marc Sultanof Knoxville, and the entire State of Ten- empty bottles of anti-depressants and a sui- serves numerous organizations, par- nessee proud and all of Tennessee cele- cide note were near her body. Later the fam- ily found debts of more than $7,000, and ticularly in the Kings Point neighbor- brates their victory with them. Avina was still making payments for gam- hood. He recently was elected to the The seniors who played their last col- bling-addiction therapy received a year ear- Area Agency’s Advisory Council, where lege basketball game on March 31 lier. he serves with distinction, and was ap- should look back on a game perfectly In less than a decade legalized gambling in pointed as a 1995 delegate to the White executed and a season Tennesseans will Minnesota—$4.1 billion is legally wagered in House Conference on Aging by Gov. never forget. And those team members the state each year—has created a new class Lawton Chiles. who will be on the court next season of addicts, victims and criminals whose ac- Katherine Thibault is currently serv- can look forward to defending their tivities are devastating families. Even con- servative estimates of the social toll suggest ing a second term as a Pembroke Pines title next year and for many years to that problem gambling costs Minnesotans city commissioner. As a result of her come. more than $200 million per year in taxes, lost efforts in the 1994 Area Agency Seniors I would like to extend a special con- income, bad debts and crime. for Seniors Dollar Drive, Commissioner gratulations to Michelle Marciniak for Ten years ago only one Gamblers Anony- Thibault helped raised thousands of being named most outstanding player mous group was meeting in the state; today dollars for senior programs in Broward in the Final Four, and to Chamique there are 53 groups. According to research by County. Ms. Thibault is no stranger to Holdsclaw and Tiffani Johnson, who the Center for Addiction Studies at the Uni- joined Michelle on the all-tournament versity of Minnesota in Duluth, nearly 38,000 volunteer work. Her contributions to Minnesota adults are probably pathological the seniors of Broward County have team. Everyone involved in this cham- gamblers. A 1994 Star Tribune/WCCO–TV poll been appreciated by all. pionship team has made the University found that 128,000 adults in Minnesota—four Amadeo Trinchitella’s efforts have of Tennessee, the city of Knoxville, and percent—showed signs associated with prob- also been substantial. Beside serving the entire State of Tennessee proud, lem gambling and gambling addiction.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3324 CONGRESSIONAL RECORD — SENATE April 15, 1996 Many experts agree that the potential for The high crime rate among problem gam- as suicides at all. ‘‘So often, when people gambling addiction among the young—the blers has been well established. The National talk about suicide, they say, ‘I’d just drive most vulnerable group—is worse. Teens are Council on Problem Gambling found that 75 off the road. I’d drive into a tree,’’’ says twice as likely as adults to become addicted. percent of gamblers treated at in-patient Sandi Brustuen of the Vanguard Compulsive Jeff Copeland, a 21-year-old from suburban centers had committed a crime. Gambling Treatment Program in Granite Minneapolis, can’t go to college because he’s Between 1988—when the first of Min- Falls, Minn. ‘‘They don’t want anyone to accumulated a $20,000 gambling debt. ‘‘It nesota’s 17 casinos began operating—and know they committed suicide, and they want ruins your life,’’ he says. ‘‘And people don’t 1994, counties with casinos saw the crime their families to collect the insurance.’’ really understand. I thought about suicide. rate rise twice as fast as those without casi- The suicide rate among pathological gam- It’s the easiest way to get out of it.’’ nos. The increase was the greatest for crimes blers nationally is believed to rival that of Pawnshop Boom: Thousands of Minneso- linked to gambling, such as fraud, theft and drug addicts. Ten to 20 percent of patholog- tans are burying themselves in debt because forgery/counterfeiting. ical gamblers have attempted suicide, and of gambling, borrowing millions they’ll Casinos are burdening local police. When almost 90 percent have contemplated it. never be able to pay back. Bankruptcy ex- Grand Casino Mille Lacs opened on the Mille Treatment experts, researchers and gam- perts estimate that more than 1,000 people a Lacs Indian Reservation in April 1991, coun- blers themselves say states can do more to year are filing for bankruptcy protection ty police responded to almost twice as many reduce the negative consequences for gam- (average owed: $40,000), at an estimated cost incidents of crime or people seeking help on blers. Here are some of the most frequently to creditors of more than $2.5 million. ‘‘Com- the reservation. mentioned ideas: pared with ten years ago, there are 20 times Jean Mott, a 38-year-old mother of three, Underwrite better research: Many research as many people who have gambling debts,’’ worked nights at a Kmart distribution cen- efforts across the country have been criti- says bankruptcy attorney Jack Prescott of ter to help pay the family bills. But the bills cized for failing to prove that treatment Minneapolis. began backing up when Mott headed to Mys- works, for failing to measure the social costs One of these is Hennepin County Commis- tic Lake Casino, rather than her Shakopee of gambling and for failing to implement a sioner Sandra Hilary of Minneapolis. She home, at the end of her shift. long-range plan to address problem-gambling filed for bankruptcy two days after admit- Just before dawn one day in January 1995, issues. ‘‘We really don’t know exactly how ting she was addicted to slot machines. She having lost another paycheck to the casino, much problem gamblers cost society,’’ says estimated she’d lost nearly $100,000 gam- Mott drove to the Brooks’ Food Market in Henry Lesieur, editor of the Journal of Gam- bling. After counseling, Hilary is now trying Shakopee. Wearing a ski mask and with her bling Studies and a criminal-justice pro- to reimburse her creditors. hand in her pocket to simulate a gun, she fessor at Illinois State University in Normal. Throughout the state, at least 17 new stole $233. Police easily traced the holdup to On the federal level, the issue of gambling pawnshops have sprung up near casinos, with Mott because a patrol officer had run a reg- addiction only recently started to generate gamblers hocking possessions for far less istration check after he saw her car parked action. Last fall committees in the House than real value to support their gambling with its lights on just south of the store that and Senate held hearings on bills that would habits. In or near Cass Lake (pop. 923), four morning. Mott was convicted of simple rob- authorize a national commission to study miles from Palace Bingo & Casino, there are bery, and served 30 days in jail and 30 days the economic and social effects of legalized four pawnshops. That’s a pawnshop for every on electronic home monitoring. gambling. 231 people. Taxpayer Tab: The list of violent gam- Emphasize public awareness and edu- Police near casinos note an increase in bling-related crimes is also growing. Red- cation—especially among young people— bogus reports of thefts. These come from wood Falls police officer Derek Woodford about the risks of gambling: Some suggest people who lie about the disappearance of a was shot by a gambler from Gary, Ind., who funding more in-school efforts, perhaps in ring, video camera or other expensive item had broken into a local bank after a day of conjunction with math and science classes or that they actually pawned to pay for their gambling at Jackpot Junction in Morton. anti-drug programs. ‘‘Let people know what gambling. the odds are. The longer you gamble, the Easy Credit: Minnesotans are also burning Woodford spent 13 days in the hospital recov- more you’re going to lose,’’ says Alan Gil- up welfare payments at casinos. Hundreds of ering from three bullet wounds. bert, solicitor general of Minnesota. thousands of taxpayer dollars that are meant Gambling has long been recognized, as Train casino employees to spot—and dis- to provide food, clothes and housing for the well, as a root cause of embezzlement. In courage—problem gamblers from betting ir- poor are being wagered on blackjack and in most gambling-related embezzlement cases, responsibly: Some casinos already do this. slot machines, and for residents of two Min- authorities say, the court file shows the But they offer only anecdotal evidence that nesota counties, the money is being made same thing: no previous criminal record. such efforts are used, and some say they’ve available from automated teller machines ‘‘Prior to 1990, we had zero cases of gam- never barred a person for problem gambling inside almost every casino in the state. Dur- bling-related embezzlements,’’ says William unless the person asked to be barred. ing a typical month last year, welfare recipi- Urban, president of Loss Prevention Special- Gambling has significant social and eco- ents from Hennepin and Ramsey counties ists, Inc., a Minneapolis company that helps nomic impact. It results in ruined lives, fam- withdrew $39,000 in benefits from casino employers deal with internal thefts. Since ilies and businesses; in bankruptcies and bad ATMs. then the company has investigated gam- There are few incentives for casinos to reg- bling-related losses of ‘‘well over $500,000.’’ loans; in suicides, embezzlements and other ulate the availability of credit to gamblers. Reva Wilkinson, of Cedar, is now in federal crimes committed to feed or cover up gam- The casinos can’t lose: they don’t give the prison for embezzling more than $400,000 bling habits—and increases in costs to tax- credit; they simply make the money. from the Guthrie Theater to support her payers for investigating, prosecuting and Credit-card companies—there are now gambling habit. Besides the money she stole punishing those crimes. more than 7000—have made strong profits in from her Minneapolis employer, her case Few of these problems have been docu- recent years despite increasing bankruptcy cost taxpayers over $100,000 to investigate, mented as communities and states across the and delinquent payments nationwide. Inter- prosecute and adjudicate. nation instead focus on gambling as a way to est rates are so high—averaging 18 percent— In June 1993 Theresa Erdmann was charged boost their economies and increase tax reve- they still make up for losses from bank- with stealing nearly $120,000 from the check- nues. But for Minnesota the social costs of ruptcy. And the issuers pass much of the loss ing account and weekly offerings at St. Mi- gambling are emerging in vivid and tragic onto consumers through higher rates, fees chael’s Catholic Church in Madison. She said detail.∑ and penalties, says Ruth Susswein, executive the money was blown on gambling, and now f director of Bankcard Holders of America, a she’s serving a three-year sentence in a state nonprofit consumer-education group. prison. DAY OF RECKONING ‘‘They’re making so much money it’s been Hidden Suicides: More and more, some ∑ Mrs. HUTCHISON. Mr. President, worth it to them to keep offering credit,’’ problem gamblers pay the ultimate price. today is April 15, the day of reckoning Susswein adds. Some casinos also rent space The Star Tribune confirmed six gambling-re- for millions of Americans. After a year to companies that cash checks and provide lated suicides in Minnesota—five in the past credit-card advances for fees. three years. Almost certainly, this is only a on the job, and hours and hours of pa- Police Burden: It seemed to take only min- fraction of the total. perwork, today American moms and utes for Carol Foley to get hooked on video The victims are people like 19-year-old dads must file their income tax return, gambling machines. ‘‘Within two or three John Lee, a St. Paul college student who, in and send a check to Uncle Sam. days,’’ she says, ‘‘I was playing every day.’’ a three-month period, won about $30,000 at The IRS’s favorite day of the year is To cover her losses, Foley, 43, forged $175,000 blackjack. Then he started losing. Down to everyone else’s least favorite. Working in checks at her job at the E. M. Lohmann his last $10,000, he lost it all one night. He re- families in America are getting Co., a church-goods dealer in St. Paul. Last turned home, put a shotgun to his head and squeezed between ever-rising expenses September she was released from a correc- killed himself. In addition, at least 122 Min- for necessities and higher taxes. tion center in Roseville, Minn., after serving nesota gamblers have attempted suicide, ac- eight months for forgery. She underwent cording to directors of the six state-funded Last year the Republican Congress counseling for her gambling addiction and is gambling-treatment centers. tried to do something unusual for tax- on a monthly payment plan with her former Other deaths that may be related to de- payers—we tried to let them keep their employer. pression over gambling losses are not listed own money.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3325 We cut taxes for families with chil- They are savers, who are trying to taxes must be paid to provide for a na- dren by providing a $500 tax credit for buy a first home, pay for college for tional defense, for health regulations, each child, to help parents raise chil- their kids, or retirement for them- for police and schools, and for other dren and to offset the erosion of the selves. services. But its how much we pay and personal exemption from inflation. They are small business owners who what we get in return that bothers us. With this tax cut, 3.5 million families have spent their lives building a busi- President Clinton’s new budget will wouldn’t have to pay taxes any more. ness, and want to pass it on to their spend $1.572 trillion—with a $146 billion In Texas, it would save 285,000 families children. deficit. The problem with the deficit over $167 million. They are investors who have provided isn’t that we aren’t paying taxes—its Some big-city liberals don’t think the capital to start new businesses and that we’re spending too much. The $500 is real money—they say ‘‘it’s only create jobs. problem has always been spending. If pennies a day.’’ But with the children’s Our tax cut helped all Americans—it Congress in the 1980’s had just limited tax credit, a parent with two children would put more money in people’s the growth of domestic spending to the would be much better off today. In- pockets, and would increase jobs. To- rate of inflation—if Congress had just stead of writing a $500 check to the gether with a balanced budget, it would restrained spending the way that every IRS, she could be getting a $500 check lower interest rates and increase the American household does—we would back—that’s real money for families standard of living for millions of Amer- have ended the last decade with a budg- with kids. icans. et surplus. We also encouraged families to save So why do I keep saying here is what What happened? Where is that sur- for retirement—with my homemaker our proposals would have done? Be- plus? It is buried in the huge buildings IRA proposal, and with expanded indi- cause President Clinton vetoed it. He all over Washington. Instead of lim- vidual retirement accounts. vetoed tax relief for all of us paying iting spending increases to the rate of The homemaker IRA would allow taxes today to the IRS. Instead of get- inflation, Congress went on an unprece- women who work at home to get the ting a refund, many are writing a dented spending binge. And when the same opportunity to save for retire- check to the Treasury. ment that all other workers do. The After running for President in 1992 on decade of the 1980’s ended, there was no current tax code prevents married cou- a middle class tax cut, in 1993 Presi- surplus, there was not even a balanced ples that rely on one income from equi- dent Clinton raised taxes on middle budget—there was more debt to pay in- tably providing for their retirement se- class Americans while claiming he was terest on. This administration refuses to aban- curity by limiting the homemaker’s only hitting the rich. He overlooked deductible IRA contribution to $250. his tax increase on seniors, which don the irresponsible policies of past To end this unequal treatment of raised taxes on Social Security bene- Congresses. This administration has women and men that work inside the fits from 50 to 85 percent for seniors dealt itself out of the fight to save home, and to promote retirement sav- earning more than $34,000—for American’s future. The majority in Congress will not ings, we would have permitted deduct- marrieds, it’s $44,000, and his gas tax on ible IRA contributions of up to $2,000 everyone. His taxes took what could change our principles for a few inside- by spouses that work inside the home. have been a robust period of economic the-beltway bureaucrats and editorial What would this mean for home- growth and made it a weak, lackluster writers who don’t want the era of big makers? Under current law, a single-in- recovery. government to end. We will not offer a come married couple saving $2,250 each I cannot remember any time in Band-Aid to past the next election. We year for 30 years would have $188,000 for America when our economy was grow- promised to offer real, long-term solu- retirement. With the bill’s $4,000 an- ing, but people have had more reason tions for the next generation and we nual contribution limit, after 30 years to worry about their jobs. Big govern- did. they would have $335,000—an increase ment is one of the big reasons. Big gov- The people know they don’t get the in savings of almost $150,000. ernment regulation costs jobs, too. A money’s worth from Washington; we We also helped families by permit- report from the Rochester Institute of waste money foolishly all the time—on ting tax-deferred savings in IRA’s for Technology estimates the direct cost of small things like the Tea Tasting education costs, medical expenses, and complying with Federal regulations to Board, and on big ones like the Davis- first-time home purchases, and allow- be about $668 billion in 1995. That’s Bacon law, which adds millions of dol- ing penalty free withdrawals during about $6,000 for every American family lars to every government construction times of unemployment. in higher prices, diminished wages, and project, while leaving entry-level We stopped penalizing young couples workers unemployed. for getting married. We increased the increased taxes. Another way to look at it: The cost We must go through the budget, line standard deduction for married couples by line, agency by agency, and ask, ‘‘Is filing jointly. By 2005, the marriage of regulation is about the same as the entire amount of individual income this worth it? Do we need it? Should penalty would have been eliminated for the Federal Government do it? ‘‘Last couples that don’t itemize their deduc- taxes! So when you’re writing your check today, double the check you year we cut outdated or duplicate pro- tions. grams, like the Interstate Commerce We cut capital gains taxes to encour- write to get the real cost of big govern- Commission, the Office of Technology age and reward investment, and to cre- ment. Assessment, and the Pennsylvania Ave- ate new businesses and new jobs. Last year, when the Republican Con- And we cut estate taxes, so that gress was preparing our tax cut bill, nue Development Corporation, and cut years of hard work and success won’t President Clinton admitted that he and our own budget, too. be wiped out in a generation. the Democratic Congress had made a Finally, we will make fundamental Our tax cuts reduce the tax burden mistake in 1993 by raising taxes. Nice changes to prevent us from the old tax on the people who actually pay taxes. talk—but then he vetoed the bill that and spend ways. Today, in the other More than three-quarters of the cuts in would have cut taxes for Americans body, they will consider for the first the first year go to the middle class, today. time an amendment to the Constitu- those making $75,000 a year or less. If he hadn’t vetoed the bill, instead of tion that will change the balance of Who are those people? turning your money over to Uncle Sam power between taxes and spending. They are mothers and fathers, who today, you would be keeping your Right now, when Congress cuts spend- will get help raising their children with money in your own pocket. With the ing, it only lasts for a year. We have a $500 tax credit. tax cuts and balanced budget, we would annual appropriations, so its easy to They are homemakers who will have get 1.2 million new jobs, $75 billion in replace old spending with new spend- the opportunity to contribute the max- new investment, and lower interest ing. But when we increase taxes, they imum amount to an IRA for retirement rates, lower mortgage rates, and higher are permanent changes to the Tax security for the first time. disposal income. Everyone in America Code. Taxes are paid year after year, They are married couples, who will would have been better off. until we repeal them. have the Tax Code’s marriage penalty I don’t think most Americans object Not only that, it takes only half the reduced. to taxes in principle; we all know some body plus one vote to increase taxes. In

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3326 CONGRESSIONAL RECORD — SENATE April 15, 1996 1993, President Clinton’s tax increases Percentage that is Hispanic: 9.5 today is Tax Day, and it is a most ap- were passed by one vote in the House, Percentage that white Americans think is propriate time to express my strong and a tie was broken in the Senate by Asian: 10.8. support of Senate Joint Resolution 49, Percentage that is Asian: 3.1. Vice President GORE. Despite the fact the tax limitation amendment. This Percentage that white Americans think is that half the Senate opposed the taxes, black 23.8. resolution proposes to amend the Con- they were imposed on the public. Percentage that is black: 11.8. stitution to require a two-thirds super- I believe that this was wrong. We Percentage that white Americans think is majority vote to increase tax rates or shouldn’t be able to make such a fun- white: 49.9. to impose new taxes. damental change in how Americans are Percentage that is white: 74. It offers the American taxpayers a governed by their representatives in Number of legal immigrants admitted in source of protection from a Federal Congress without the support in Con- 1820 (the first year for which statistics are available): 8,385. Government that often sees their gress that a super majority vote for a The number of legal immigrants in 1907: checkbooks as an unlimited line of tax increase requires. It should be hard 1,285,349. credit. For too long, the Federal Gov- to increase taxes. It should be harder The number admitted in 1990: 1,536,483. ernment has lacked the restraint that to increase taxes—to take the people’s The number admitted in 1994 (the latest the Founding Fathers surely envi- money from them—than it is to cut figures available): 804,416. sioned, and it has consistently grabbed taxes. Percentage of decrease in legal immigra- an increasing share of the taxpayers’ tion from 1993 to 1994: 9.3. Mr. President, what the public is ask- money. ing for is leadership. Countries that sent the most students to America in 1994: Japan (more than 65,000), The American people have sent some It is not leadership to increase taxes South Korea (more than 38,000), China plus $14 trillion to Washington since 1980. on the elderly and everyone who drives Taiwan (more than 36,000). This is an enormous amount of money. a car, and claim you only hit the rich— The number of United States residents who I think that it is sufficient to run the which the Democrats did in 1993 with- emigrate each year: 195,000. Federal Government. I believe that out one Republican vote. Countries from which legal immigration most taxpayers think that it is suffi- It is not leadership to veto tax cuts decreased most since 1993: El Salvador (32 cient to run the Federal Government. for American families, and then pro- percent), Vietnam (30.6 percent), China (17.7 percent), Philippines (15.3 percent). However, it is apparently not enough pose tax cuts again in the next election Percentage that employment-based legal year. for the big spenders in Washington. immigration decreased from 1993 to 1994: 16. There are bills on the calendar to boost It is not leadership to propose a Percentage of decrease in applications for budget with a $200 billion deficit, and political asylum from 1994 to 1995: 57. taxes ever higher. There are those still then veto a balanced budget. State with the largest number of legal im- eager to grab yet more money from the And it is not leadership to propose a migrants from Mexico admitted in 1994: Cali- taxpayers. budget in the following year that bal- fornia. This amendment will stop the big ances only with huge spending cuts State with the largest number of legal im- spenders. migrants from all foreign countries com- after the year 2000, when the President bined admitted in 1994: California. It is far too easy to raise taxes. The is sure to have moved back to Arkan- Percentage (estimated) of all illegal immi- largest tax increase in American his- sas. grants who live in California: 42.6. tory—the Clinton tax bill of 1993—is a It is leadership to confront our fiscal State where fewest legal immigrants set- case in point. The Democrats con- problems head on, to show the people tled in 1994: Wyoming. trolled both the White House and the what we must do to preserve Medicare, Home state of Alan Simpson, the senator Congress, and, yet the Clinton budget to help families, to create jobs, to re- who authorized the principal bill to reduce passed the other Chamber by a mere form welfare, and to balance the budg- immigration: Wyoming. Countries from which most illegals in New six votes. In this Chamber, the Vice et. That is what the Republican Con- York City emigrate: Colombia, Dominican President was forced to bring out the gress did. Republic, Ecuador, Italy, Poland. motorcade, and he rode to the Capitol America has led the world through Countries from which the highest number to cast a tie-breaker vote. The Presi- the most tumultuous century of all of legal immigrants on welfare in New York dent, just months after his election, time—from the age of horse power to City emigrate: Russia, Dominican Republic. could not even muster a majority of the age of atomic power. Now that the Proportion of United States population the elected Senators. threat to our liberty from communism that was foreign-born in 1990: 7.9 percent. Proporition that was foreign-born in 1910: The tax limitation amendment, how- is gone, and freedom is spreading 16 percent. ever, would have stopped that tax bill, throughout the world, it’s time to re- Continent of origin of immigrant group and, if it is adopted, it will prevent turn the government’s power to the with highest educational attainment: Africa. other ill-considered congressional raids people. We can start by giving them Welfare programs for which illegal aliens on constituents’ checkbooks. ∑ their money back. are not eligible: Aid to Families With De- Its opponents decry the super- pendent Children, food stamps, Medicaid, f Medicare, Supplemental Security Income. majority requirement as ‘‘anti-demo- cratic.’’ However, the Constitution in- IMMIGRATION—JUST THE FACTS Presidential candidate who said: ‘‘I think God made all people good, but if we had to cludes 11 supermajority provisions, and ∑ Mr. SIMON. Mr. President, Priscilla take a million immigrants in, say Zulus, these hurdles were engineered to fur- Labovitz had an op-ed piece in the New next year, or Englishmen, and put them in ther safeguard important processes. In- York Times, which I ask to be printed Virginia, what group would be easier to as- deed, the procedures used to govern in the RECORD after my remarks. It de- similate and would cause less problems for this Chamber include super-majority serves the attention of all of us inter- the people of Virginia?’’ Patrick Buchanan. requirements, and I see little restraint ested in the problems of immigration. Total number of immigrants who settled in Virginia in 1994: 15,342. in their use on the other side of the It is fascinating reading, in addition Total number of legal immigrants born in aisle. These supermajority require- to being important for policymaking. United Kingdom who settled in Virginia in ments compel the development of a The material follows: 1994: 404. broad consensus for action. These pro- IMMIGRATION—JUST THE FACTS Total number of Zulus, Unknown. cedures often serve this Chamber well. (By Priscilla Labovitz) Sources: Census Bureau statistics, Immi- However, I find it impossible to believe gration and Naturalization Service statis- WASHINGTON.—Congress is considering im- that the taxpayers do not deserve simi- tics, National Immigration Law Center, New lar protection. migration reform. Patrick Buchanan used York City Planning Commission, The Wash- the issue to rev up his Presidential cam- ington Post.∑ It is no surprise that the tax limita- paign. And a few polemicists have even f tion amendment is seen as a revolu- called for a moratorium on all immigration. tionary measure in Washington. How- The subject may be hotly debated, but ulti- THE TAX LIMITATION ever, it is a time-tested procedure in 12 mately the facts and figures speak for them- AMENDMENT selves. States, and one-third of all Americans Percentage of the United States population ∑ Mr. FAIRCLOTH. Mr. President, as live in States with supermajority tax that white Americans think is Hispanic: 14.7. American taxpayers are well aware, requirements.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3327 Maybe this amendment scares people Georgia Farm Bureau. Georgia agri- RELATING TO CERTAIN REGULA- in Washington because it is so effec- culture and this office will surely miss TIONS REGARDING THE OFFICE tive. Just look at the numbers. Be- the likes of Bob Marlowe and I salute OF COMPLIANCE tween 1980 and 1993, the taxpayers in him for his exemplary service to our Mr. SIMPSON. Mr. President, I ask ∑ States without supermajority tax limi- State and the Nation. unanimous consent that the Senate tations faced a 2 percent rise in taxes f proceed to the immediate consider- as a share of personal income. How- ation of Senate Concurrent Resolution ever, taxpayers in States with super- MEASURE READ FOR THE FIRST 51 submitted earlier by Senator WAR- majority tax limitations enjoyed a 7 TIME—H.R. 3103 NER. percent drop in taxes as a share of per- Mr. SIMPSON. Mr. President, I in- The PRESIDING OFFICER. The sonal income. quire of the Chair if H.R. 3103 has ar- President Clinton bragged in the 1992 rived from the House of Representa- clerk will report. campaign that he held the line on taxes tives. The legislative clerk read as follows: in Arkansas as governor. Well, he tried The PRESIDING OFFICER. The Sen- A concurrent resolution (S. Con. Res. 51) to to raise taxes, but Arkansas adopted a ator is informed that the bill is at the provide for the approval of final regulations three-fourths supermajority require- desk. that are applicable to employing offices of ment to raise most taxes in 1934, long the House of Representatives or the Senate, Mr. SIMPSON. Therefore, I ask for and to covered employees who are not em- before President Clinton was born. its first reading. ployees of the House of Representatives or The tax limitation amendment will The PRESIDING OFFICER. The the Senate, and that were issued by the Of- impose some real and necessary re- clerk will read the bill by title. fice of Compliance on January 22, 1996, and straint on the Congress. For too long, The assistant legislative clerk read for other purposes. Washington lawmakers, unwilling to as follows: The PRESIDING OFFICER. Is there pare the scope of the Federal Govern- A bill (H.R. 3103) to amend the Internal objection to the immediate consider- ment, simply embarked on pirate-style Revenue Code of 1986 to improve portability ation of the concurrent resolution? raids on their constituents’ check- and continuity of health insurance coverage There being no objection, the Senate books. Consequently, the Federal tax in the group and individual markets, to com- bat waste, fraud, and abuse in health insur- proceeded to consider the concurrent burden on the average family has resolution. grown from 3 percent in 1948 to some 25 ance and health care delivery, to promote Mr. SIMPSON. I ask unanimous con- percent today. the use of medical savings accounts, to im- Chief Justice Marshall long ago prove access to long-term-care services and sent that the resolution be agreed to, wrote that the power to tax involves coverage, to simplify the administration of the motion to reconsider be laid upon health insurance, and for other purposes. the power to destroy. The power to tax the table, and that any statements re- is indeed an awesome power. The his- Mr. SIMPSON. Mr. President, I now lating to the resolution appear at the tory of the United States includes ask for its second reading, and I object. appropriate place in the RECORD. chapters of revolution and rebellion The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without rooted in issues of taxation. tion is heard. The bill will be read a objection, it is so ordered. The tax limitation amendment is a second time following the next ad- The concurrent resolution (S. Con. moderate response to the escalating journment of the Senate. Res. 51) was considered and agreed to. bite of the Federal Government. It f (The text of the concurrent resolu- merely requires a little additional de- PROVIDING FOR THE APPROVAL tion will be printed in a future edition liberation in the exercise of the power OF FINAL REGULATIONS THAT of the RECORD.) of taxation. In a democracy, I believe ARE APPLICABLE TO THE SEN- ∑ that we owe the people at least that. ATE AND THE EMPLOYEES OF f f THE SENATE THE DEATH OF ROBERT MARLOWE Mr. SIMPSON. Mr. President, I ask CLOTURE MOTION ∑ Mr. COVERDELL. Mr. President, it unanimous consent that the Senate Mr. SIMPSON. Mr. President, I now is with regret that I must report the proceed to the immediate consider- move to proceed to Senate Resolution recent passing of a true leader in Geor- ation of Senate Resolution 242 sub- 227, the Whitewater legislation, and I gia agriculture. Long-time Georgia mitted earlier in the day by Senator send a cloture motion to the desk. Farm Bureau Director, Robert W. WARNER. The PRESIDING OFFICER. The ‘‘Bob’’ Marlowe, died on March 26 in his The PRESIDING OFFICER. The clerk will report. home in Macon, GA, after a brief ill- clerk will report. The assistant legislative clerk read ness. The assistant legislative clerk read as follows: Mr. Marlowe was a true leader at the as follows: CLOTURE MOTION Farm Bureau and was a solid citizen. A A resolution (S. Res. 242) to provide for the We the undersigned Senators, in accord- native of Barrow County, GA, Bob approval of final regulations that are appli- ance with the provisions of Rule XXII of the cable to the Senate and the employees of the graduated from the University of Geor- Standing Rules of the Senate, do hereby Senate, and that were issued by the Office of gia before teaching in his local school move to bring to a close debate on the mo- Compliance on January 22, 1996, and for system for a number of years. After tion to proceed to Senate Resolution 227, re- other purposes. leaving teaching, Bob returned to pro- garding the Whitewater extension. duction agriculture, working for the The PRESIDING OFFICER. Is there Alfonse D’Amato, Dan Coats, P. Gramm, Cotton Producers Association as a objection to the immediate consider- Bob Smith, Mike DeWine, John H. Chafee, poultry adviser and managing co-op ation of the resolution? Jim Jeffords, Frank H. Murkowski, R.F. stores. Bob worked for the Georgia There being no objection, the Senate Bennett, Spencer Abraham, Conrad Burns, Farm Bureau in Macon for 23 years and proceeded to consider the resolution. Al Simpson, Bill Roth, Bill Cohen, Slade Gorton, Strom Thurmond. was an active member of his church Mr. SIMPSON. I ask unanimous con- and community organizations such as sent that the resolution be agreed to Mr. SIMPSON. I ask unanimous con- the Lions Club. He was also active in and the motion to reconsider be laid sent that the vote occur on Wednesday, agriculture advocacy through his ap- upon the table, and that any state- April 17, at a time to be determined by pointment on the Government’s Advi- ments relating to the resolution appear the two leaders, and that the manda- sory Council for Tri-State Water Issues at the appropriate place in the RECORD. tory quorum under Rule XXII be and through his work with the State’s The PRESIDING OFFICER. Without waived. various commodity commissions. I can objection, it is so ordered. The PRESIDING OFFICER. Without attest that he was very helpful in my The resolution (S. Res. 242) was con- objection, it is so ordered. office’s efforts in the formulation of sidered and agreed to. Mr. SIMPSON. Mr. President, I now the 1996 farm bill. (The text of the resolution will be withdraw the motion. I know that Bob will be missed great- printed in a future edition of the The PRESIDING OFFICER. The mo- ly by his family and colleagues at RECORD.) tion to proceed is withdrawn.

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3328 CONGRESSIONAL RECORD — SENATE April 15, 1996 ORDERS FOR TUESDAY, APRIL 16, with regard to the bill, S. 1664, on ille- if they fail to appear for a deportation 1996 gal immigration. hearing. It also charges 300 INS inves- Mr. SIMPSON. Mr. President, I ask Let me begin by stating my support tigators to seek out these aliens and to unanimous consent that when the Sen- for this legislation. It is the product of enforce the bill’s rules. ate completes its business today it much work in our Judiciary Com- It is important to keep in mind that stand in adjournment until the hour of mittee and before that in the Immigra- contrary to some charges made over re- 9:45 a.m. on Tuesday, April 16; further, tion Subcommittee of the Judiciary cent weeks, visa overstayers commonly that immediately following the prayer Committee. And, in my judgment, al- are not individuals who come here on the Journal of proceedings be deemed though there are parts of the bill that permanent family visas. Rather, the approved to date; no resolutions come I still hope to see us modify during the bulk of visa overstayers come to this over under the rule; the call of the cal- deliberations this week, it is an ex- country as tourists or students, then endar be dispensed with; the morning traordinary piece of legislation which stay beyond the expiration of their hour be deemed to have expired; and moves in the right direction, and it is visas. Thus, it is wise and fitting that we the time for the two leaders be re- in no small measure thanks to the Sen- should address those who break the served for their use later in the day; ator from Wyoming that we have this law, those who overstay the visa, with and, that there then be a period for fine piece of legislation before us. His sharp, stiff penalties rather than at- morning business until the hour of work both in the context of this legis- tempting to address this problem by 10:45 a.m. with Senators to speak for up lation and over the past 17 years on im- changing in some ways the penalties to 5 minutes each except for the fol- migration-related matters has been ex- ceptional. It is a reflection of a Senator for those who are playing by the rules lowing: Senator GRASSLEY for 15 min- who is deeply committed to accom- either by reducing the number of immi- utes and Senator HATCH for 45 minutes. grants who may come to this country I further ask unanimous consent that plishing a job that is difficult, and I or dealing with those who are in fact immediately following morning busi- commend him for it. Mr. President, those who refuse to not creating the problem. ness the Senate resume consideration play by the rules who come here ille- A third area which this bill addresses of S. 1664, the illegal immigration bill. gally become, as a result, a burden on and which I have been very active in The PRESIDING OFFICER. Without our society, and it should not be toler- working on pertains to criminal aliens. objection, it is so ordered. ated. The illegal immigration is a be- By conservative estimates, almost half Mr. SIMPSON. Mr. President, I now trayal of our long tradition of wel- a million felons are living in this coun- ask unanimous consent that the Sen- coming those who play by the rules. If try illegally. These aliens have been ate stand in recess from the hour of the Federal Government did its job of convicted of murder, rape, drug traf- 12:30 until 2:15 for the weekly policy keeping out, tracking down, and expel- ficking, potentially such crimes as es- conferences to meet. ling illegal aliens, we would not have pionage, sabotage, treason and/or a The PRESIDING OFFICER. Without an immigration problem that confronts number of other serious crimes and are objection, it is so ordered. America today. therefore, under the current laws of f By definition, illegal immigrants are our country, deportable. PROGRAM lawbreakers, and based on statistics, il- Unfortunately, in the vast majority legal immigrants are coming here at a of cases, our officials cannot deport Mr. SIMPSON. Mr. President, for the very high rate. It is estimated at about these criminals because of a breakdown information of all Senators, following 300,000 per year. Our bill to address ille- in the deportation process. Principally, morning business the Senate will re- gal immigration, S. 1664, deals effec- the problem relates to the intermi- sume the immigration bill. There are tively and aggressively with the real nable amount of appeals which deport- several pending amendments. However, problem of illegal immigration—re- able aliens who are criminals have at any votes ordered on those amend- forms to our border patrols, our visa their disposal. As a consequence, many ments will not occur until after the policies, criminal alien policies and of these noncitizen lawbreakers end up vote previously scheduled at 2:15. rules concerning immigrant use of wel- back on our streets to prey on law- As a reminder, there will be a cloture fare. abiding American citizens. vote at 2:15 on Tuesday invoking clo- First, with respect to border patrols, In the original bill of the Senator ture on the motion to proceed to the this bill begins in the obvious place, by from Wyoming, a number of needed Whitewater resolution. fighting the problem of illegal immi- provisions were contained. That bill The Senate may also be asked to gration at the border. Our illegal im- originally directed the Attorney Gen- turn to any other legislative items migration reform bill provides for the eral to provide regulations permitting that can be cleared for action. addition of 4,700 Border Patrol agents special inquiry officers to enter final f over the next 5 years, a 90 percent in- orders of deportation stipulated to by the alien. It authorized Federal judges ORDER FOR ADJOURNMENT UNTIL crease over the current level. It adds to order deportation as a condition of 9:45 A.M. TOMORROW 300 new INS investigators for the next 3 years to investigate the smuggling probation. And it made other similar Mr. SIMPSON. If there is no further and employment of illegal aliens, an efforts to address the criminal alien business to come before the Senate, I increase of nearly 100 percent over cur- problem. now ask that the Senate stand in ad- rent levels. These increases will help us I am glad, however, that the Judici- journment under the previous order address the fundamental, the basic ary Committee saw fit to go even fur- following the remarks of my good col- problem of illegal immigration by pro- ther and to add to and strengthen these league, Senator ABRAHAM of Michigan. viding the manpower necessary to ad- provisions by adopting four amend- The PRESIDING OFFICER. Without dress the problem of those who come to ments on which I worked with a num- objection, it is so ordered. this country without proper docu- ber of other Senators on the committee The distinguished Senator from mentation. That is only a start of how to see adopted. These amendments Michigan is recognized. this bill attempts to reform the immi- would create expedited procedures for Mr. ABRAHAM. Thank you very gration laws as they pertain to illegal deporting criminal aliens. The provi- much, Mr. President. I will attempt to immigrants. sions would first prohibit the Attorney complete my remarks in a short period Another category of illegal aliens is General from releasing such criminal of time. those who overstay their visas, aliens aliens from custody; second, end judi- f who come here legally but then over- cial review for orders of deportation stay. This bill addresses that problem entered against these criminal aliens IMMIGRATION CONTROL AND FI- and forcefully. while maintaining the right to admin- NANCIAL RESPONSIBILITY ACT First, it establishes the first substan- istrative review. OF 1996 tial penalties for visa overstays. In short, once the criminal alien had Mr. ABRAHAM. Mr. President, I rise Second, it bars visa overstayers for exhausted all appeals available under tonight to make an opening statement even applying for a new visa for 5 years the criminal laws, the criminal alien

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3329 would still have the full deportation Another area which this bill address- not overtly establish a national administrative provisions to protect es effectively, I think, are restrictions verification system that is mandatory, him, that is, a deportation hearing and on welfare benefits available to non- it heads us in that direction. And there the ability to appeal any order of de- citizens. The problem of immigrant are no brakes provided in the bill to portation to the Board of Immigration welfare use is often overstated. Accord- keep it from that destination. Appeals, but that would end the proc- ing to the Urban Institute, nonrefugee, In this provision, the INS would be ess as opposed to triggering a return to working-age immigrants are no more permitted to initiate large local or re- the court system. That will be positive likely to use welfare than are native- gional demonstration projects any- because it will mean the actual depor- born Americans. But I continue to be- where in the Nation. The language of tation of more criminal aliens and the lieve we should concentrate on requir- the bill is vague here, but it leaves dis- freeing up of the court system from ing that all immigrants be responsible cretion to bureaucrats to decide wheth- many of these frivolous lawsuits. for themselves, rather than become de- er the system will be mandatory or vol- In addition, the criminal alien depor- pendent on Government programs. To untary for employers. Also unclear is tation procedures require the Attorney encourage responsibility, we first the size of the regional project that General to deport criminal aliens with- should concentrate on preventing ille- might be initiated, or regional projects in 30 days of the conclusion of the gal aliens, who undermine our laws by that might be initiated. For example, alien’s prison sentence. even being here, from receiving welfare such regions could encompass multiple What I believe this will lead to is the benefits. In addition, we should prevent States at one time. initiation of the deportation pro- immigrants from collecting welfare It is also unclear what happens dur- ceedings well in advance of the end of payments until they have worked here ing a demonstration project when U.S. the sentence so that upon release the and contributed taxes to our welfare citizens cannot prove that they are eli- criminal aliens will be leaving the system or until they become citizens. gible to work. It is likewise unclear country. Third, we should hold sponsors of about whether or not individual Ameri- Finally, our legislation permits State legal immigrants financially liable for cans will have to consult the Govern- criminal courts to enter conclusive up to 10 years for welfare payments ment when they seek to hire someone findings of fact during sentencing that those they sponsor improperly receive. even to do such things as mow their an alien has been convicted of a deport- As you know, the sponsorship agree- own lawn. One thing is clear. The bill able offense. In addition, the State ments that people sign in order to sets in place the infrastructure nec- courts, upon making those findings of bring someone to this country are essary for a mandatory national sys- fact, will be required to report them to very, very infrequently upheld; very in- tem and establishes the principle that the Attorney General so that criminal frequently enforced. I think the legis- companies should gain Government ap- aliens who are convicted of deportable lation we have now will provide us with proval before hiring any employee. offenses in State courts would be the tools to enforce such sponsorship I think this is headed in the wrong known by the authorities, that is, the agreements. It will attribute the spon- direction. People who want to break Department of Justice and the Attor- sor’s income to the immigrant sponsor the rules will find ways to break the ney General, in such a fashion as to for 5 years should the immigrant seek rules or get around the rules. That is allow for the deportation proceedings welfare payments. That will, on the happening today. But, if we move in to begin. one hand, dramatically reduce those el- the direction of a national employee These reforms would not affect any igible and, in addition, allow us to col- verification system, whether it is the of the aliens’ due process protections lect from the person who makes the original mandatory nationwide pro- on the underlying criminal offense. original commitment of sponsorship. gram the legislation included or a pilot Aliens would still be entitled to the Collectively, these provisions ad- program which starts in place the in- lengthy appellate and habeas corpus re- dress, and address effectively, the ille- frastructure that leads to a national view, just like U.S. citizens. But abuses gal immigration problems which we program, I think we are headed in the of the appeals process would stop there currently confront. They do so without wrong direction. We will be penalizing and not continue on through the depor- punishing law-abiding people and com- those who play by the rules, both em- tation provisions themselves. panies. However, there are certain ployers and employees of employers. Mr. President, this makes sense. The parts of the legislation before us which Especially for those in small business, fact is, if there are, as is currently esti- I think go too far and place the focus, it will be a substantial increase in busi- mated, a minimum of one-half million not on those who are breaking the ness overhead. For employees, native- noncitizens who are people who have rules, but rather too much on those born U.S. citizens, it could mean huge committed serious crimes in this coun- who are playing by the rules. hardship if the database of such a sys- try, to me it makes sense that the laws First, in this respect, and most im- tem is in any way inaccurate. which allow those people to be de- portant, are the provisions in the legis- Just to put that in perspective, a ported ought to be enforced so those lation that pertain to what I believe mere 1 percent error margin in the slots can be taken by law-abiding citi- will ultimately become a national ID database could, on an annual basis, af- zens who want to come to this country system. The original bill included a na- fect 600,000 employment decisions in and make a positive contribution rath- tional employee verification system. this country. To put that in perspec- er than come to the country and com- This mandatory system would have re- tive, that means twice the number of mit serious criminal violations. These quired all employers to verify with the total illegal aliens that come into this provisions collectively will allow us to Federal Government the work eligi- country each year. I do not believe dramatically increase the number of bility of every prospective employee. that is the way we should proceed, and, criminal aliens who are deported. Most Because this system would be expen- therefore, during consideration of this recent estimates suggest that current sive and intrusive, riddled with mis- bill, I will be offering an amendment amount is nowhere higher than 4 to 6 takes and dangerous to our workers’ with Senators FEINGOLD and DEWINE to percent of the criminal aliens who are ability to find work, the committee strike provisions for this overly intru- deportable in this country. That means saw fit to strike that permanent sys- sive infringement that is signified by that somewhere over 90 percent of the tem, which would have to have been in the pilot program. criminal aliens who could be deported place within 8 years. This amendment, striking the are not, primarily because of a lack of I brought a provision before the com- verification provision, is supported by a process to make expeditious deporta- mittee to simply strike all of this a significant number of groups con- tion feasible. verification process. It failed on a 9-to- cerned with the rights of workers and Our bill would change that. It would 9 vote. What we are left with now is a employers from the National Federa- mean that criminal aliens would be provision for a pilot program. While it tion of Independent Businesses and the leaving the country and, therefore, is a smaller program than that origi- National Retail Association to the U.S. there would be more slots in this coun- nally envisioned in the legislation, I Catholic Conference to the Small Busi- try for immigrants who want to make continue to see problems with this pro- ness Survival Committee. I look for- a contribution. vision because, although the bill does ward to working with my colleagues on

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3330 CONGRESSIONAL RECORD — SENATE April 15, 1996 specifics, but the debate we should be centage of people in our country have DEPARTMENT OF HOUSING AND URBAN having here is, How do we reduce ille- made it clear that they think we DEVELOPMENT gal immigration? should address illegal immigration ELIZABETH K. JULIAN, OF TEXAS, TO BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN DEVELOPMENT, I believe the proper place to start is problems long before we consider VICE ROBERTA ACHTENBERG, RESIGNED, TO WHICH PO- by focusing on those who are changes in the legal immigration laws SITION SHE WAS APPOINTED DURING THE LAST RECESS lawbreakers, whether they are employ- of this country, and indeed, Mr. Presi- OF THE SENATE. ees or employers, whether they are dent, as I will say at a later point in METROPOLITAN WASHINGTON AIRPORTS those who come over the border with- these debates, it is clear to me that AUTHORITY out documents or those who overstay these are very separate issues and, as a ROBERT CLARKE BROWN, OF OHIO, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE METROPOLITAN their visas or if they are a criminal threshold matter, we have done the WASHINGTON AIRPORTS AUTHORITY FOR A TERM OF 6 alien. I think it is important for us to right thing in the Judiciary Com- YEARS, VICE JACK EDWARDS, RESIGNED, TO WHICH PO- SITION HE WAS APPOINTED DURING THE LAST RECESS take a very simple philosophical ap- mittee, as the House did the right OF THE SENATE. proach to deal with these problems. thing, in separating legal and illegal OCCUPATIONAL SAFETY AND HEALTH REVIEW For those who are yearning to be immigration. COMMISSION free, who are willing to play by the Cutting legal immigration precipi- DANIEL GUTTMAN, OF THE DISTRICT OF COLUMBIA, TO rules and wait their turn, for them we tously could backfire and cause more BE A MEMBER OF THE OCCUPATIONAL SAFETY AN HEALTH REVIEW COMMISSION FOR A TERM EXPIRING should throw open the door to the land people to come here illegally. So for APRIL 27, 2001, VICE EDWIN G. FOULKE, JR., TERM EX- of liberty, which has been available as those reasons, I strongly support the il- PIRED, TO WHICH POSITION HE WAS APPOINTED DURING long as this country has existed. On the legal immigration bill that is before us THE LAST RECESS OF THE SENATE. other hand, for those who flout our and believe it should be considered on FARM CREDIT ADMINISTRATION laws, they should find that Lady Lib- its own merits as a freestanding piece LOWELL LEE JUNKINS, OF IOWA, TO BE MEMBER OF THE BOARD OF DIRECTORS OF THE FEDERAL AGRICUL- erty has turned her back on them, that of legislation. Indeed, that is the posi- TURAL MORTGAGE CORPORATION, VICE EDWARD she will not rise up to aid those who tion that two-thirds of the members of CHARLES WILLIAMSON, TO WHICH POSITION HE WAS AP- POINTED DURING THE LAST RECESS OF THE SENATE. trample on the law on which liberty is the Judiciary Committee took when we EXPORT-IMPORT BANK OF THE UNITED STATES built. began this debate a few weeks ago. Though Lady Liberty yearns to aid MARTIN A. KAMARCK, OF MASSACHUSETTS, TO BE I am convinced that we must con- PRESIDENT OF THE EXPORT-IMPORT BANK OF THE the righteous, those willing to work centrate on the real problem facing our UNITED STATES FOR THE REMAINDER OF THE TERM EX- hard and to build a better life for them- PIRING JANUARY 20, 1997, VICE KENNETH D. BRODY, RE- country from immigration— SIGNED, TO WHICH POSITION HE WAS APPOINTED DUR- selves and their families, she does not lawbreakers—and we should not allow ING THE LAST RECESS OF THE SENATE. allow people to come to this country any fear of immigrants to distract us NATIONAL CREDIT UNION ADMINISTRATION simply to take advantage of the laws from the task of keeping the illegal im- YOLANDA TOWNSEND WHEAT, OF MISSOURI, TO BE A and of the citizens here. migrants out of the country. MEMBER OF THE NATIONAL CREDIT UNION ADMINISTRA- Those who prize both law and liberty, TION BOARD FOR THE TERM OF 6 YEARS EXPIRING AU- Mr. President, after we conclude that GUST 2, 2001, VICE ROBERT H. SWAN, TERM EXPIRED, TO those who would be Americans are and once S. 1664 has been disposed of, WHICH POSITION SHE WAS APPOINTED DURING THE those we should protect with any legis- then it would be appropriate to con- LAST RECESS OF THE SENATE. lation that we should address in this sider changes that we might wish to DEPARTMENT OF STATE context. make in the laws pertaining to legal MORRIS N. HUGHES, JR., OF NEBRASKA, A CAREER Mr. President, as virtually every MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF immigration. But it is my sincere hope COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Member of the Senate, I have a herit- and certainly will be my effort here on PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF BURUNDI. age that began in another part of the the floor to maintain the separation IN THE AIR FORCE world. In my case, it was my grand- that we achieved in the Judiciary Com- parents who came here approximately THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT mittee and that was achieved in the OF THE GRADE OF LIEUTENANT GENERAL WHILE AS- a century ago. They did not come to House of Representatives. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- this country in search of welfare pay- I think that we will make a major BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION ments. They did not come to this coun- 601: step forward if we pass S. 1664, hope- To be lieutenant general try for any ulterior motives. They fully with certain modifications. I came here because they wanted to live think we would make a big mistake if MAJ. GEN. CARL E. FRANKLIN, 000–00–0000, U.S. AIR FORCE. in a country that was free. They want- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT we backtrack and begin to try and con- TO THE GRADE OF GENERAL IN THE U.S. AIR FORCE ed their children and their grand- fuse and merge issues that I do not be- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND children to know what it was like to be lieve are appropriately linked together. RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, born in a nation that was free, and SECTION 601: I look forward in the days ahead to To be general they made a positive contribution, working hard on the floor, as we did in both in what they did and in bringing the Judiciary Committee, to make sure LT. GEN. WALTER KROSS, 000–00–0000. up strong families who have made their our country moves aggressively and IN THE ARMY own contributions. forcefully to address the problems of il- THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE Last fall, I had the opportunity for DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED legal immigration. IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 the first time to go to Ellis Island in I strongly commend Senator SIMPSON AND 628, TITLE 10, UNITED STATES CODE. THE OFFICER IS New York where my grandparents ALSO NOMINATED FOR REGULAR APPOINTMENT IN AC- and all the members of the sub- CORDANCE WITH SECTION 531 OF TITLE 10, UNITED made their first visit to these shores. I committee who worked hard to bring STATES CODE: was struck as I went there and as I us to this point. ARMY COMPETITIVE looked through the history of Ellis Is- Mr. President, I yield the floor. To be major land of what it meant and what it still MARK H. LAUBER, 000–00–0000 means. I believe as we address immi- f THE FOLLOWING-NAMED OFFICERS APPOINTMENT IN gration issues, we should never lose ADJOURNMENT UNTIL 9:45 A.M. THE RESERVE OF THE ARMY WITHOUT CONCURRENT sight of what Ellis Island and the var- ORDER TO ACTIVE DUTY, UNDER THE PROVISIONS OF TOMORROW TITLE 10, UNITED STATES CODE, SECTIONS 12203(A), ious other points of disembarkation 12204(A), 3353, AND 3359: have meant to those who truly wanted The PRESIDING OFFICER. Under the previous order, the Senate stands DENTAL CORPS to come to this country to enjoy all To be lieutenant colonel that America offers—the American adjourned until 9:45 a.m., Tuesday, April 16. JEFFERY DOOTSON, 000–00–0000 dream. JON E. SCHIFF, 000–00–0000 Legal immigration is the American Thereupon, the Senate, at 6:35 p.m., THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE way. It strengthens us economically, adjourned until Tuesday, April 16, 1996, DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED culturally, and spiritually, because by at 9:45 a.m. IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 AND 628, TITLE 10, UNITED STATES CODE: letting in those who come here playing f ARMY COMPETITIVE by the rules and seeking to build a bet- ter life for their families, we welcome NOMINATIONS To be lieutenant colonel true Americans and live up to our own Executive nominations received by DANIEL BOLAS, 000–00–0000 KENNETH R. LEE, 000–00–0000 ideals. Indeed, an overwhelming per- the Senate April 15, 1996: CARL D. WILEY, 000–00–0000

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MEDICAL CORPS IDENTIFIED BY AN ASTERISK (*) ARE ALSO NOMINATED KEVIN G. LAFRANCE, 000–00–0000 FOR REGULAR APPOINTMENT IN ACCORDANCE WITH *PAUL K. LAVAN, 000–00–0000 To be major SECTION 531 OF TITLE 10, UNITED STATES CODE: *EUGENE LILLIEWOOD, 000–00–0000 *CARLA D. LONG, 000–00–0000 PAUL S. DARBY, 000–00–0000 MEDICAL CORPS *RICHARD G. LOONEY, 000–00–0000 THE FOLLOWING-NAMED INDIVIDUALS FOR A RESERVE To be lieutenant colonel *GARY J. MATCEK, 000–00–0000 OF THE ARMY APPOINTMENT, WITHOUT CONCURRENT *PETER T. MC HUGH, 000–00–0000 *RAYMOND A. CONSTABILE, 000–00–0000 *MARY A. MC NAMARA, 000–00–0000 ORDER TO ACTIVE DUTY UNDER THE PROVISIONS OF CHAEIM S. PONTIUS, 000–00–0000 *CHRISTOPHER MEILINGER, 000–00–0000 TITLE 10, UNITED STATES CODE, SECTIONS 12203(A), *CRAIG D. SHRIVER, 000–00–0000 ROGER J. MILLER, 000–00–0000 12204(A), 3353, AND 3359: *ROBERT D. MITCHELL, 000–00–0000 VETERINARY CORPS MEDICAL CORPS JAMES B. MONTGOMERY, 000–00–0000 To be lieutenant colonel *DALE A. OSTLER, 000–00–0000 To be lieutenant colonel *JAMES K. PALMER, 000–00–0000 NEIL W. AHLE, 000–00–0000 RICHARD R. ECKERT, 000–00–0000 CHRISTOPHER L. PATE, 000–00–0000 DAVID R. PETRAY, 000–00–0000 ROBERT S. KNAPP, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE RICHARD T. PHILLIPS, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED *LESLIE J. PIERCE, 000–00–0000 THE FOLLOWING-NAMED ARMY NATIONAL GUARD OF IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF *ALAIN J. PIRRONE, 000–00–0000 THE UNITED STATES OFFICERS FOR PROMOTION IN THE TITLE 10, UNITED STATES CODE: RESERVE OF THE ARMY OF THE UNITED STATES, UNDER *JOSEPH C. PISCIOTTA, 000–00–0000 THE PROVISIONS OF TITLE 10, UNITED STATES CODE, CHAPLAIN MICHAEL K. PODOJIL, 000–00–0000 SECTIONS 12203 AND 3385: JEFFREY R. QUINN, 000–00–0000 To be lieutenant colonel TIMOTHY A. RAIMEY, 000–00–0000 ARMY PROMOTION LIST GLEN, L. BLOOMSTROM, 000–00–0000 *CARLOS M. RAMOS, 000–00–0000 To be colonel MICHAEL BRADFIELD, 000–00–0000 *BRUCE R. REED, 000–00–0000 DAVID H. BRADFORD, 000–00–0000 *FRANCISCO J. RENTAS, 000–00–0000 ERNEST R. ADKINS, 000–00–0000 FRANK J. BRUNING, 000–00–0000 *GORDON R. ROBERTS, 000–00–0000 PETER A. CHIEFARI, 000–00–0000 CHARLES D. CHANDLER, 000–00–0000 *MICHAEL J. ROGERS, 000–00–0000 JAMES A. COZINE, 000–00–0000 JOEL W. COCKLIN, 000–00–0000 *BARBARA A. ROWE, 000–00–0000 PAUL J. CUNNINGHAM, 000–00–0000 ALAN C. HENDRICKSON, 000–00–0000 *RICHARD SALGUEIRO, 000–00–0000 RICHARD M. DEVILLE, 000–00–0000 FREDERICK L. HUDSON, 000–00–0000 *WILLIAM J. SAMES, 000–00–0000 JAMES V. GORDON, 000–00–0000 RONALD R. HUGGLER, 000–00–0000 *PATRICK J. SAUER, 000–00–0000 RICHARD D. HOVERSON, 000–00–0000 JAMES W. JONES, 000–00–0000 *BRUCE A. SHAHBAZ, 000–00–0000 MITCHELL R. LECLAIRE, 000–00–0000 JO A. KNIGHT, 000–00–0000 *DONNA M. SHAHBAZ, 000–00–0000 BUFORD S. MABRY, JR., 000–00–0000 RICHARD A. KUHLBARS, 000–00–0000 *JAMES E. SHIELDS, 000–00–0000 LARRY H. MAXWELL, 000–00–0000 DANIEL A. MILLER, 000–00–0000 *DOUGLAS B. SLOAN, 000–00–0000 FLOYD D. PARRY, 000–00–0000 OTIS I. MITCHELL, 000–00–0000 *DAVID A. SMITH, 000–00–0000 JOSEPH F. ROONEY, JR., 000–00–0000 ALVIN M. MOORE, 000–00–0000 *STEPHEN M. SMITH, 000–00–0000 THOMAS M. TRITSCH, 000–00–0000 DONNIE L. MOORE, 000–00–0000 *RUSSELL P. SMUTZ, 000–00–0000 RICHARD A. VNUK, 000–00–0000 SHERRILL F. MUNN, 000–00–0000 *SCOTT A. STOCKWELL, 000–00–0000 GREGORY L. WAYT, 000–00–0000 DENNIS A. NIEMEIER, 000–00–0000 *JEFFREY P. STOLROW, 000–00–0000 BARRINGER F. WINGARD, JR., 000–00–0000 STEVEN D. PASCHALL, 000–00–0000 *RICHARD O. SUTTON, 000–00–0000 *MICHAEL A. SWALKO, 000–00–0000 ARMY NURSE CORPS ALOYSIUS RODRIGUEZ, 000–00–0000 STEPHEN D. TURNER, 000–00–0000 GREGORY A. SWANSON, 000–00–0000 To be colonel JACK J. VANDYKEN, 000–00–0000 *ANDREA TALIAFERRO, 000–00–0000 JAMES E. WALKER, 000–00–0000 *SCOTT F. TANNER, 000–00–0000 BETTY L. FOEHL, 000–00–0000 WILLIAM D. WILLETT, 000–00–0000 CHERYL L. TAYLOR, 000–00–0000 CATHERINE A. MOZDEN, 000–00–0000 LARRY J. WOODS, 000–00–0000 *WILLIAM C. TERRY, 000–00–0000 *TAMMY L. THOMAS, 000–00–0000 CHAPLAIN CORPS HERSHEL D. YANCEY, 000–00–0000 RICHARD R. YOUNG, 000–00–0000 *LOUIE L. TONRY, 000–00–0000 To be colonel *VILMA VAZQUEZDETORRES, 000–00–0000 IN THE ARMY *JULIAN C. VELASQUEZ, 000–00–0000 KENNETH N. DAFT, 000–00–0000 *MARK C. WILHITE, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE *COURT R. WILKINS, 000–00–0000 JUDGE ADVOCATE GENERAL’S CORPS DUTY LIST, FOR PROMOTION OF THE GRADE INDICATED *STEPHEN WILKINSON, 000–00–0000 To be colonel IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF *HAILEY F. WINDHAM, 000–00–0000 TITLE 10, UNITED STATES CODE. THE OFFICERS MARKED *SCOTT C. WRIGHT, 000–00–0000 JAMES K. NADDEO, 000–00–0000 BY AN ASTERISK (*) ARE ALSO NOMINATED FOR REG- ULAR APPOINTMENT IN ACCORDANCE WITH SECTION 531 ARMY MEDICAL SPECIALIST CORPS MEDICAL CORPS OF TITLE 10, UNITED STATES CODE: To be major To be colonel MEDICAL SERVICES CORPS *JOHN J. BELL, 000–00–0000 YOUNG W. KAHN, 000–00–0000 To be major *DAVID R. BRAND, 000–00–0000 *LORRAINE T. BREEN, 000–00–0000 MEDICAL SERVICE CORPS *WILLIAM E. ACKERMAN, 000–00–0000 *MARK A. CARSON, 000–00–0000 *REED B. ALIDER, 000–00–0000 To be colonel *WALTER R. CHAPPELL, 000–00–0000 *MICHAEL L. AMARAL, 000–00–0000 *MICHAEL S. DAVIDSON, 000–00–0000 ROBERT P. THOMAS, 000–00–0000 JOSE ANDUJARRIVERA, 000–00–0000 *PASTINA D. DE, 000–00–0000 *JOSE L. BAEZ, 000–00–0000 GUY A. DESMOND, 000–00–0000 ARMY PROMOTION LIST KELLEY M. BARHAM, 000–00–0000 *JOHN E. DONOHUE, 000–00–0000 *CATHERINE A. BECK, 000–00–0000 To be colonel *WILLIE P. FRENCH, 000–00–0000 TRAVIS BERNRITTER, 000–00–0000 *KAREN L. GEISLER, 000–00–0000 WILLIAM P. BABCOCK, 000–00–0000 THOMAS H. BERRY, 000–00–0000 *JONATHAN R. GREEN, 000–00–0000 TERRY L. DAVIS, 000–00–0000 ROBERT A. BOWDEN, 000–00–0000 *SANDRA HARRISONWEAVER, 000–00–0000 ROBERT R. DEROSIER, 000–00–0000 DOUGLAS A. BRANDSMA, 000–00–0000 *VIVIAN T. HUTSON, 000–00–0000 GREGORY R. DISHER, 000–00–0000 *CHARLES BROOKSHIRE, 000–00–0000 *PEGGY P. JONES, 000–00–0000 LARRY L. DIXON, 000–00–0000 *PETER T. BULATAO, 000–00–0000 *RICHARD C. JONES, 000–00–0000 WILLIAM F. ELROD, 000–00–0000 GORDON R. CAIN, 000–00–0000 *MICHAEL J. KRAMER, 000–00–0000 ERNEST T. ERICKSON, 000–00–0000 *MICHAEL G. CAMMACK, 000–00–0000 *STEVEN A. MANIERRE, 000–00–0000 SPENCER L. HAWLEY, 000–00–0000 *JAMES B. CARR, 000–00–0000 *ROBERT L. MATEKEL, 000–00–0000 LAWRENCE M. HAYDEN, 000–00–0000 *CHRISTOPHER CASTLE, 000–00–0000 *REBECCA L. MC COLLAM, 000–00–0000 DOUGLAS A. HILLENSBACK, 000–00–0000 *GRANT J. COBBS, 000–00–0000 *JOSEPH M. MOLLOY, 000–00–0000 NORMA J. KRUEGER, 000–00–0000 MICHAEL R. COOK, 000–00–0000 *JOHN C. ONEILL, 000–00–0000 BARRY L. REYNOLDS, 000–00–0000 *MARTIN N. COPPOLA, 000–00–0000 RHONDA L. PODOJIL, 000–00–0000 PHILLIP A. RICHARDSON, 000–00–0000 JANE A. CRONK, 000–00–0000 *BETTY J. QUITT, 000–00–0000 MILLARD C. RUSHING, 000–00–0000 *ERIC P. DAWSON, 000–00–0000 *JAMES P. SEARFOSS, 000–00–0000 CHARLES R. SETZER, 000–00–0000 *MICHAEL J. DELLORCO, 000–00–0000 *CHARLES E. SOLESBEE, 000–00–0000 CHERIE D. SMITH, 000–00–0000 *JOHN A. DEMCHOK, 000–00–0000 *SHIRLEY J. SVENSON, 000–00–0000 JOHN F. SMITH, 000–00–0000 WILLIAM C. DOWDY, 000–00–0000 *LAURIE E. SWEET, 000–00–0000 RUSSELL O. VERNON, 000–00–0000 *THOMAS DUBE, 000–00–0000 *WINFRIED WASNER, 000–00–0000 JANICE A. WILLIAMSON, 000–00–0000 *CHARLES W. DUNTLEY, 000–00–0000 *WILLIAM E. WHEELER, 000–00–0000 *REBECCA A. DYER, 000–00–0000 *MICHAEL C. WOOD, 000–00–0000 CHAPLAIN CORPS *CHERYL L. FILBY, 000–00–0000 *VICTOR T. YU, 000–00–0000 *ARTHUR B. FISCH, 000–00–0000 To be lieutenant colonel *JEFFREY M. FOE, 000–00–0000 VETERINARY CORPS GARY L. GROSS, 000–00–0000 GERALD A. FOREST, 000–00–0000 To be major *WILTON R. GALAMISON, 000–00–0000 JUDGE ADVOCATE GENERAL’S CORPS *DANIEL W. GALL, 000–00–0000 *SUZANNE AINSWORTH, 000–00–0000 *STEVEN R. GALLEGOS, 000–00–0000 *KELVIN C. BUCHANAN, 000–00–0000 To be lieutenant colonel *KATHY E. GATES, 000–00–0000 *DON A. CULVER, 000–00–0000 MYRON C. LINDQUIST, 000–00–0000 JEFFREY L. GAYLORD, 000–00–0000 *ANNETTE K. FREEMAN, 000–00–0000 *BRIAN E. GIBSON, 000–00–0000 *ALEC S. HAIL, 000–00–0000 MEDICAL CORPS ROBERT L. GOODMAN, 000–00–0000 *STEPHEN R. MAYO, 000–00–0000 TERESA K. GRADEK, 000–00–0000 ROBERT W. MCHARGUE, 000–00–0000 To be lieutenant colonel *WILLIAM B. GRIMES, 000–00–0000 *STEVEN R. MOG, 000–00–0000 ANITA K. DAS, 000–00–0000 *TAMI R. HATCHER, 000–00–0000 *BRENT C. MORSE, 000–00–0000 *JAMES W. HICKEY, 000–00–0000 LEWIS L. NORLUND, 000–00–0000 MEDICAL SERVICE CORPS CHRISTOPHER J. HILL, 000–00–0000 *BARRY N. PITTMAN, 000–00–0000 *WILLIAM K. HOGAN, 000–00–0000 *GAYE R. RUBLE, 000–00–0000 To be lieutenant colonel JOSEPH B. HOUSER, 000–00–0000 *ROBERT L. SCHMURR, 000–00–0000 JUDY L. FATTOR, 000–00–0000 CARL G. HOVER, 000–00–0000 *DANA P. SCOTT, 000–00–0000 JAMES C. ROBERTSON, JR., 000–00–0000 *MICHAEL C. HOWITZ, 000–00–0000 TIMOTHY STEVENSON, 000–00–0000 *DANIEL H. JIMENEZ, 000–00–0000 ROBERT R. THOMPSON, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE *DANIEL J. JONES, 000–00–0000 ERIK H. TORRING III, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED *JAMES W. JONES, 000–00–0000 *TY VANNIEUWENHOVEN, 000–00–0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 MICHAEL L. KIEFER, 000–00–0000 *KIM D. VLACH, 000–00–0000 AND 628, TITLE 10, UNITED STATES CODE. THE OFFICERS GUY T. KIYOKAWA, 000–00–0000 *JO L. WILBER, 000–00–0000

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*LOUDON D. YANTIS, 000–00–0000 *DEBRA J. VINCENT, 000–00–0000 ROBERT M. FLOWERS, 000–00–0000 *ANGELIA L. WHERRY, 000–00–0000 RICHARD E. FOCHT, 000–00–0000 ARMY NURSE CORPS *GLORIA WHITEHURST, 000–00–0000 TODD D. FORD, 000–00–0000 To be major *MELISSA E. YANDEL, 000–00–0000 DAVID L. FORRESTER, 000–00–0000 *MYRNA E. ZAPATA, 000–00–0000 GARY R. FULLERTON, 000–00–0000 TAMMY L. ANDERSON, 000–00–0000 JOHN C. GALE, 000–00–0000 *JENNIFER ARMSTRONG, 000–00–0000 IN THE MARINE CORPS PATRICK K. GALLAHER, 000–00–0000 *JANE M. BEHREND, 000–00–0000 KARL J. GANNON, 000–00–0000 *JOHN P. BEILMAN, 000–00–0000 THE FOLLOWING-NAMED OFFICERS OF THE MARINE CORPS RESERVE FOR APPOINTMENT INTO THE REGULAR ANDREW N. GAPPY, 000–00–0000 *DIANE M. BEIRING, 000–00–0000 STEVEN G. GERACOULIS, 000–00–0000 *BONNIE D. BEQUETTE, 000–00–0000 MARINE CORPS UNDER THE PROVISIONS OF TITLE 10, UNITED STATES CODE, SECTION 531: BRADFORD J. GERING, 000–00–0000 *LORIE A. BROWN, 000–00–0000 SEAN D. GIBSON, 000–00–0000 *JOHN E. BUCKWALTER, 000–00–0000 U.S. MARINE CORPS AUGMENTATION LIST STEVEN R. GIRARD, 000–00–0000 *MARIA M. BURGOS, 000–00–0000 DAVID S. GLASSMAN, 000–00–0000 *RICHARD M. CALDWELL, 000–00–0000 To be major ROBERT J. GOETZ, 000–00–0000 *LORRAINE M. CARNEY, 000–00–0000 JOEL H. BERRY III, 000–00–0000 BRIAN S. GOOD, 000–00–0000 GERALD R. CATE, 000–00–0000 ROBERT L. BEVERIDGE, 000–00–0000 MICHAEL J. GOUGH, 000–00–0000 *THOMAS E. CEREMUGA, 000–00–0000 WILLIAM S. BRADLEY, 000–00–0000 MICHAEL W. GRADY, 000–00–0000 *TAMMIE W. CHANG, 000–00–0000 JERRY L. BUBP, 000–00–0000 CHRISTOPHER M. GREER, 000–00–0000 *KAREN B. CLEAVER, 000–00–0000 MARTIN T. GRIFFITH, 000–00–0000 *DENISE M. COAKLEY, 000–00–0000 MATTHEW P. CROTTY, 000–00–0000 MARK A. DAVIS, 000–00–0000 STEPHEN G. GRIFFITH, 000–00–0000 *KELLY J. COLLINS, 000–00–0000 ANDREW S. GROENKE, 000–00–0000 JAMES D. DECARLI, 000–00–0000 *ANNA I. CORULLI, 000–00–0000 LEE M. GRUBBS, 000–00–0000 PETER GRELL, 000–00–0000 *DENISE K. COSTA, 000–00–0000 ANDREW J. GUNDERSON, 000–00–0000 DANIEL K. HENRY, 000–00–0000 *MATTHEW H. COWELL, 000–00–0000 KURT D. GUSTAFSON, 000–00–0000 JOHN P. HORVAT, JR., 000–00–0000 *DEBORA R. COX, 000–00–0000 J.C. GWILLIAM, JR., 000–00–0000 DEAN M. HUBBS, 000–00–0000 *LAWRENCE E. CROZIER, 000–00–0000 STEVE D. HAGERTY, 000–00–0000 ROBERT J. KILMARTIN, 000–00–0000 *CHERYL R. DAVIS, 000–00–0000 CHARLES C. HALE, 000–00–0000 JAMES M. KLOTZ, 000–00–0000 *SYLVIA R. DENNIS, 000–00–0000 MORRIS D. HALE, 000–00–0000 JAMES M. MC CUE, 000–00–0000 *WENDY DESMIDTKOHLHOFF, 000–00–0000 BRINLEY M. HALL III, 000–00–0000 JOHN R. MILL, 000–00–0000 *MAUREEN A. DONOHUE, 000–00–0000 DARIUS J. HAMMAC, 000–00–0000 *KAREN D. DUNLAP, 000–00–0000 SAMUEL R. MYERS, 000–00–0000 JAMES B. HANLON, 000–00–0000 *BLAISE H. DWORACZYK, 000–00–0000 NICHOLAS F. NANNA, 000–00–0000 EDDIE W. HANNA, 000–00–0000 *TREY E. EARLY, 000–00–0000 ROBERT B. NOXON, 000–00–0000 GORDON M. HANSCOM, JR., 000–00–0000 *KIMBERLY A. FEDELE, 000–00–0000 CATHY M. POWALSKI, 000–00–0000 ROBERT E. HARGENS, 000–00–0000 *KATHLEEN M. FORD, 000–00–0000 RONALD L. REESE, 000–00–0000 MICHAEL J. HARRIS, 000–00–0000 *MORSE E. FUDGE, 000–00–0000 GREGORY M. RYAN, 000–00–0000 MATTHEW M. HARTMANN, 000–00–0000 *CHRISTINE D. GARNER, 000–00–0000 ELIZABETH A. SWEATT, 000–00–0000 CHARLES P. HARVEY, 000–00–0000 *YOUNG L. GARRETT, 000–00–0000 KEVIN J. SYKES, 000–00–0000 CASON N. HEARD, 000–00–0000 *LENA F. GAUDREAU, 000–00–0000 JOHN L. WELINSKI, 000–00–0000 ROBERT D. HEIN, 000–00–0000 *AGLIPA V. GILLETTE, 000–00–0000 To be captain GREGORY M. HEINES, 000–00–0000 *VINETTE E. GORDON, 000–00–0000 ROBERT H. HENDRICKS, 000–00–0000 *PENNY P. GOULART, 000–00–0000 SETH D. AINSPAC, 000–00–0000 JAMES B. HIGGINS, JR., 000–00–0000 *KAREN T. GRACE, 000–00–0000 JOHN M. ALLEN, 000–00–0000 GERALD R. HIGHTOWER, 000–00–0000 *MOREENE A. GRIFFITH, 000–00–0000 MIGUEL A. AMEIGEIRAS, 000–00–0000 JAMES D. HILL, 000–00–0000 *RALPH E. GRINNELL, 000–00–0000 DAVID C. ANDERSON, 000–00–0000 JAMES L. HOGAN, 000–00–0000 *MARK D. HACHEY, 000–00–0000 BRIAN P. ANNICHIARICO, 000–00–0000 GRAHAM C. HOPPESS, 000–00–0000 *TONY B. HALSTEAD, 000–00–0000 PAUL E. ANSLOW, 000–00–0000 MORTIMER J. HOWARD, 000–00–0000 *ALPHA A. HARRIS, 000–00–0000 DAVID N. AREOLA, 000–00–0000 DUANE M. HUBING, 000–00–0000 *KARALEE R. HATCH, 000–00–0000 GLINDON ASHBROOK, JR., 000–00–0000 MICHAEL W. HUFF, 000–00–0000 *ANGELENE HEMINGWAY, 000–00–0000 STEVEN H. BAER, 000–00–0000 ERIK J. JANTZEN, 000–00–0000 TINA L. HESS, 000–00–0000 BRIAN F. BAKER, 000–00–0000 MARK A. JEWELL, 000–00–0000 *DAN M. HESTER, 000–00–0000 ANTHONY S. BARNES, 000–00–0000 GREGORY W. JOHNSON, 000–00–0000 KENNETH R. HIXSON, 000–00–0000 ROBERT R. BARNETT, 000–00–0000 MARK T. JOHNSON, 000–00–0000 *JOHN P. HLAVNICKA, 000–00–0000 JAMES G. BARTOLOTTO, 000–00–0000 DAVID M. JONES, 000–00–0000 *EMMONS V. HOLBROOK, 000–00–0000 MICHAEL J. BASILE, 000–00–0000 MARK R. JONESE, 000–00–0000 *BARBARA R. HOLCOMB, 000–00–0000 STEVEN W. BATCHELOR, 000–00–0000 RICHARD E. JORDAN, 000–00–0000 *SHERI A. HOWELL, 000–00–0000 MICHAEL H. BELDING, 000–00–0000 MICHAEL R. KAINE, 000–00–0000 *JEANNIE S. HURLBERT, 000–00–0000 STEVEN F. BELSER, 000–00–0000 PAUL E. KAPLAN, 000–00–0000 *ROMONA JOHNSON, 000–00–0000 MICHAEL L. BENNETT, 000–00–0000 DARRIN D. KAZLAUSKAS, 000–00–0000 *LINDA N. JOLLEY, 000–00–0000 WILLIAM C. BENTLEY III, 000–00–0000 HAROLD S. KEELER, 000–00–0000 *SUSAN E. JORDEN, 000–00–0000 RUSSELL L. BERGEMAN, 000–00–0000 GREGORY C. KEESLER, 000–00–0000 *ROBERT T. KAVALEC, 000–00–0000 RICHARD T. BEW, 000–00–0000 JOHN J. KEPPELER, 000–00–0000 *BARBARA M. KELTZ, 000–00–0000 ROY M. BLIZZARD III, 000–00–0000 DAVID C. KESZEI, 000–00–0000 *PAUL A. KENNEDY, 000–00–0000 KERRY J. BLOCK, 000–00–0000 ERIC R. KLEIS, 000–00–0000 *MICHAEL G. KESSLER, 000–00–0000 GERALD M. BLOOMFIELD II, 000–00–0000 JAMES B. KOERBER, 000–00–0000 *GREGORY T. KIDWELL, 000–00–0000 KARL J. BOHN, 000–00–0000 MARK R. KOSKI, 000–00–0000 *JOHN W. KIRKWOOD, 000–00–0000 ROBERT V. BOUCHER, 000–00–0000 JOHN M. KOURY, 000–00–0000 *JEFFREY D. KNOLL, 000–00–0000 CRAIG D. BOURASSA, 000–00–0000 PAUL D. KOVAC, 000–00–0000 *GRETA L. KRAPOHL, 000–00–0000 BRIAN W. BOWLING, 000–00–0000 BARRY L. KRAGEL, 000–00–0000 *CAPONERA P. KREKLAU, 000–00–0000 PRESTON C. BRENCHLEY, 000–00–0000 THOMAS M. KRUGLER, 000–00–0000 *SHAUN L. KUETER, 000–00–0000 TOM BRENEMAN, JR., 000–00–0000 DALE R. KRUSE, 000–00–0000 *DIANE L. LAGESSE, 000–00–0000 GREGORY A. BRYANT, 000–00–0000 JOSEPH P. KUGEL, 000–00–0000 *TERESA A. LAPRADE, 000–00–0000 ERIC F. BUER, 000–00–0000 ROBERT W. LAATSCH, 000–00–0000 CATERINA E. LASOME, 000–00–0000 CHARLES G. BURKE, JR., 000–00–0000 GRANT V. LAM, 000–00–0000 *REBECCA A. LAWHON, 000–00–0000 THOMAS M. BURNS, 000–00–0000 JEFFREY W. LARK, 000–00–0000 *GEORGE P. LAWRENCE, 000–00–0000 PATRICK C. BYRON, 000–00–0000 DANIEL T. LATHROP, 000–00–0000 *JUDITH A. LEE, 000–00–0000 GERALD W. CALDWELL, 000–00–0000 GERALD R. LAY, 000–00–0000 *MARK A. LESZCZYNSKI, 000–00–0000 PETER S. CALOGERO, 000–00–0000 EVAN G. LEBLANC, 000–00–0000 *VERONICA S. LEWIS, 000–00–0000 KEITH D. CANEVARO, 000–00–0000 MICHAEL H. LEDBETTER, 000–00–0000 *MARLA R. LORING, 000–00–0000 JOHN H. CELIGOY, 000–00–0000 BRYAN R. LEMONS, 000–00–0000 CHARLES W. LUTZ, 000–00–0000 DAVID G. CHANDLER, 000–00–0000 KENNETH M. LEWTON, 000–00–0000 *CATHY M. MARTIN, 000–00–0000 JEFFREY S. CHESTNEY, 000–00–0000 WILLIAM R. LIEBLEIN, 000–00–0000 *CHARLES B. MATTA, 000–00–0000 MICHAEL R. CHEW, 000–00–0000 JAMES K. LINEBARGER, 000–00–0000 *KATHIE D. MC CROARY, 000–00–0000 KEITH M. CHIRICO, 000–00–0000 STEVEN P. LOGAN, 000–00–0000 *PATRICIA MC KINNEY, 000–00–0000 BRENT P. CHRISTIE, 000–00–0000 JAMES V. LONGI III, 000–00–0000 *MICHELLE A. MESSER, 000–00–0000 WILLIAM S. COE, 000–00–0000 SCOTT A. LUTTERBECK, 000–00–0000 *MARY R. MILES, 000–00–0000 JOHN J. COGLIANESE, 000–00–0000 MICHAEL W. LYNCH, 000–00–0000 MINTA A. MILLER, 000–00–0000 JAMES P. COLE, 000–00–0000 MARK D. MACKEY, 000–00–0000 *LAVERNE MOOREWASHINGTON, 000–00–0000 MATTHEW A. COLLINS, 000–00–0000 ARTURO J. MADRIL, 000–00–0000 *REYNOLD L. MOSIER, 000–00–0000 MICHAEL R. CONNOLLY, 000–00–0000 BRIAN L. MAGNUSON, 000–00–0000 *DANILO C. MOTAS, 000–00–0000 ADAM W. COONS, 000–00–0000 LOUIS J. MAIDA, 000–00–0000 MICHAEL W. NEFT, 000–00–0000 MICHAEL S. COTTREAU, 000–00–0000 KENNETH P. MANEY, 000–00–0000 *VICTOR N. NIEMI, 000–00–0000 ROBERT C. COURTEMANCHE, 000–00–0000 RICARDO MARTINEZ, 000–00–0000 *SHARON J. PACCHIANA, 000–00–0000 ANGEL A. CUELLAR, JR., 000–00–0000 RENE C. MARTINEZ, 000–00–0000 *SHELLEY V. PALUCH, 000–00–0000 ANDREW G. CUMMING, 000–00–0000 MARK J. MASINI, 000–00–0000 *STOKES M. PAYNE, 000–00–0000 KEITH M. CUTLER, 000–00–0000 MATTHEW P. MASSIMI, 000–00–0000 *JAMES H. PERRIN, 000–00–0000 MICHAEL D. DAHL, 000–00–0000 MICHAEL C. MC GHEE, 000–00–0000 *BETTY A. PETTWAY, 000–00–0000 TRACY A. DALY, 000–00–0000 DANIEL P. MC GOVERN, 000–00–0000 *MARY L. PICKRELL, 000–00–0000 CARLOS A. DELAROCHA, 000–00–0000 ROY MC GRIFF III, 000–00–0000 *LEGRAND E. POUND, 000–00–0000 TIMOTHY E. DESALVO, 000–00–0000 ERIK O. MC INNIS, 000–00–0000 *REBECCA J. PREZA, 000–00–0000 TIMOTHY B. DOOLEY, 000–00–0000 JOHN P. MEE, 000–00–0000 *CECILIA PRICEKIMBLE, 000–00–0000 DOUGLAS A. DREW, 000–00–0000 MARK J. MENOTTI, 000–00–0000 *MARY E. RILEY, 000–00–0000 CLIFFORD E. DROZDA, 000–00–0000 RICHARD W. MERRITT, 000–00–0000 *HAROLD F. ROBERTS, 000–00–0000 DALLAS D. DUDLEY II, 000–00–0000 RANDALL H. MESSER, 000–00–0000 REBECCA E. ROBERTS, 000–00–0000 KYLE D. EAST, 000–00–0000 DAVID S. MICHAEL, 000–00–0000 *CATHERINE F. RYAN, 000–00–0000 CRAIG P. ECK, 000–00–0000 CHARLES C. MILLER, 000–00–0000 *TRACY L. SABOY, 000–00–0000 MARK M. EDINGTON, 000–00–0000 DAVID J. MINER, 000–00–0000 *MARILIE K. SAGE, 000–00–0000 AARON W. ELSHAUG, 000–00–0000 DENNY A. MIRELES, 000–00–0000 *CARMEN S. SANDERS, 000–00–0000 TODD J. ENGE, 000–00–0000 JOSEPH F. MONROE, 000–00–0000 *WANDA L. SCOTT, 000–00–0000 BARRY L. ENSTICE, 000–00–0000 AMES D. MOORE, 000–00–0000 *AMANDA L. SLIWA, 000–00–0000 RICHARD P. EPPARD, 000–00–0000 JAMES H. MOORE, 000–00–0000 *WENDELL D. SOUTH, 000–00–0000 JOSEPH M. EVANS, JR., 000–00–0000 MICHAEL A. MOORE, 000–00–0000 *JACQUELINE A. STARK, 000–00–0000 ADRIENNE F. EVERTSON, 000–00–0000 DAVID L. MORGAN II, 000–00–0000 *MACIVER M. TERAN, 000–00–0000 TIMOTHY C. FAWCETT, 000–00–0000 CHRISTOPHE W. MORTON, 000–00–0000 LESLIE TUCHMANN, 000–00–0000 MATTHEW D. FERINGA, 000–00–0000 ALBERT G. MOSELEY IV, 000–00–0000 *JANICE D. TURMAN, 000–00–0000 MICHAEL J. FINLEY, 000–00–0000 KEVIN G. MOSS, 000–00–0000

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 15, 1996 CONGRESSIONAL RECORD — SENATE S3333

MICHAEL G. MUEHLE, 000–00–0000 RICHARD D. WOLF, 000–00–0000 DAVID C. MORRIS, 000–00–0000 MICHAEL J. MURPHY, 000–00–0000 KEVIN J. WOLFE, 000–00–0000 MICHAEL F. MOSS, 000–00–0000 STEPHEN J. MURPHY, 000–00–0000 MICHAEL A. WOOD, 000–00–0000 ANDREW MUNDY, 000–00–0000 LAWRENCE O. NAPIER, 000–00–0000 ROBERT C. WRIGHT, JR., 000–00–0000 JOHN J. MURPHY III, 000–00–0000 RANDY A. NASH, 000–00–0000 EUGENE J. ZINNI, 000–00–0000 DAVID NATHANSON, 000–00–0000 RICHARD J. NEFF, 000–00–0000 JOHN M. NEVILLE, JR., 000–00–0000 MICHAEL K. NELSON, 000–00–0000 To be first lieutenant ANDREW M. NIEBEL, 000–00–0000 SAMUEL C. NELSON III, 000–00–0000 EDUARDO A. ABISELLAN, 000–00–0000 PAUL J. NUGENT, 000–00–0000 JOHN J. NOEL, 000–00–0000 TED A. ADAMS, 000–00–0000 MICHAEL H. OPPENHEIM, 000–00–0000 RAYMOND T. NOLIN, 000–00–0000 JOSEPH S. ALEXANDER IV, 000–00–0000 MICHAEL S. OSHAUGHNESSY, 000–00–0000 KENNETH B. NYHOLM, 000–00–0000 TODD L. AMANN, 000–00–0000 BENJAMIN J. PALMER, 000–00–0000 GEORGE E. OBSER, 000–00–0000 VINCENT D. APPLEWHITE, 000–00–0000 DANIEL L. PARIS, 000–00–0000 KYLE J. OMALLEY, 000–00–0000 STEPHEN P. ARMES, 000–00–0000 MATTHEW W. PARK, 000–00–0000 JOHN R. ONEAL, 000–00–0000 JOHN B. ATKINSON, 000–00–0000 WALTER P. PARKER, 000–00–0000 TODD J. ONETO, 000–00–0000 THOMAS P. BAJUS II, 000–00–0000 MARK J. PARKITNY, 000–00–0000 RENE A. ORELLANA, 000–00–0000 TERRY L. PATTERSON, 000–00–0000 RICHARD T. OSTERMEYER, 000–00–0000 PAUL D. BAKER, 000–00–0000 JOHN M. BARNETT, 000–00–0000 PAUL L. PICKETT, 000–00–0000 CHRISTOPHER J. PARKHURST, 000–00–0000 RICARDO T. PLAYER, 000–00–0000 BRUCE G. PATERSON, 000–00–0000 GARY E. BELL, 000–00–0000 WILLIE C. BERRIOS, 000–00–0000 ROBERT J. PLEVELL, 000–00–0000 BRIAN J. PAYNE, 000–00–0000 MORRIS W. PRIDDY, 000–00–0000 JOHN M. PECK, 000–00–0000 BRENT W. BIEN, 000–00–0000 CHRISTOPHER S. BISCHOFF, 000–00–0000 DALE A. PUFAHL, 000–00–0000 MARK B. PENNINGTON, 000–00–0000 MATTHEW PUGLISI, 000–00–0000 JOSEPH F. PERITO, 000–00–0000 CHARLES N. BLACK, 000–00–0000 TODD V. BOTTOMS, 000–00–0000 MATTHEW G. RAU, 000–00–0000 MICKIEL D. PETE, 000–00–0000 TIMOTHY D. RENZ, 000–00–0000 STEPHEN L. PETERS, 000–00–0000 MATTHEW C. BOYKIN, 000–00–0000 DAVID P. BRADNEY, 000–00–0000 THOMAS J. REPETTI, SR., 000–00–0000 ALEX G. PETERSON, 000–00–0000 DAVID E. RICHARDSON, 000–00–0000 MICHAEL R. PFISTER, 000–00–0000 RONALD C. BRANEY, 000–00–0000 SEAN M. RIORDAN, 000–00–0000 CHRISTOPHER S. PINCKNEY, 000–00–0000 CHRISTOPHER A. BREWSTER, 000–00–0000 KEITH T. RIVINIUS, 000–00–0000 JASON K. POPE, 000–00–0000 RALPH E. BRUBAKER, JR., 000–00–0000 PAUL A. ROSENBLOOM, 000–00–0000 DAVE S. PORTILLO, 000–00–0000 DANIEL W. BUCKLEY, 000–00–0000 BRIAN L. RUEGER, 000–00–0000 ALBERT C. POTRAZ, 000–00–0000 HEATHER M. BURGESS, 000–00–0000 THOMAS B. SAVAGE, 000–00–0000 MICHAEL J. POWELL, 000–00–0000 TODD T. BUTLER, 000–00–0000 ROBERT K. SCHWARZ, 000–00–0000 WILLIS E. PRICE III, 000–00–0000 TED L. CANADAY, 000–00–0000 DAVID D. SCOTT, 000–00–0000 DEAN L. PUTNAM, 000–00–0000 JAMES C. CARROLL III, 000–00–0000 WILLIAM D. SHUELL, 000–00–0000 STEVEN P. QUINTANA, 000–00–0000 TIMOTHY T. CARTER, 000–00–0000 TODD P. SIMMONS, 000–00–0000 WILLIAM A. RANDALL, 000–00–0000 MICHAEL S. CASEY, 000–00–0000 GERALD S. RATLIFF, 000–00–0000 BRIAN S. CHRISTMAS, 000–00–0000 JOSEPH D. SINICROPE, JR., 000–00–0000 ROBERT L. RAUENHORST, 000–00–0000 WILLIAM P. CLARK, 000–00–0000 WALTER S. SKRZYNSKI, 000–00–0000 ALEX M. RAY, 000–00–0000 TIMOTHY L. CLARKE, 000–00–0000 KENNETH M. SKUTNIK, 000–00–0000 JAMES E. RECTOR, 000–00–0000 ANDREW R. COFER, 000–00–0000 MARK E. SLUSHER, 000–00–0000 GERALD R. REID, 000–00–0000 MATTHEW D. COOPER, 000–00–0000 GREGORY J. SMITH, 000–00–0000 PHILLIP J. REIMAN, 000–00–0000 EDITH W. CORDERY, 000–00–0000 KARL SMOLARZ, 000–00–0000 WILLIAM H. REINHART, 000–00–0000 MATTHEW C. CULBERTSON, 000–00–0000 DAVID B. SOSA, 000–00–0000 WILLIAM H. REYNOLDS, 000–00–0000 JEFFREY R. CUNDITH, 000–00–0000 JOHNNY M. SPANN, 000–00–0000 JON E. RICE, 000–00–0000 MICHAEL J. CURTIN, 000–00–0000 DIANA L. STANESZEWSKI, 000–00–0000 JADE N. RICHARD, 000–00–0000 SEAN P. DARDEEN, 000–00–0000 KEVIN J. STEWART, 000–00–0000 GEORGE W. RIGGS, 000–00–0000 FELIX B. DAVIDSON, 000–00–0000 ANDREW A. STOKES, 000–00–0000 DONALD J. RILEY, 000–00–0000 CHRISTOPHE J. DOUGLAS, 000–00–0000 JIMMY C. SWAFFORD, 000–00–0000 CHARLES R. RISIO, 000–00–0000 FRED H. EGERER II, 000–00–0000 FRANKLIN M. THURSTON, JR., 000–00–0000 JIMMY R. RIVERA, 000–00–0000 JEFFREY C. EVANS, 000–00–0000 SEAN P. TIERNAN, 000–00–0000 RICHARD J. ROCHELLE, 000–00–0000 IAN M. FACEY, SR., 000–00–0000 BRIAN F. TIVNAN, 000–00–0000 GLENN A. ROGERS, 000–00–0000 THOMAS M. FAHY, JR, 000–00–0000 LEONARD E. TROXEL, 000–00–0000 CURTIS M. ROGERS III, 000–00–0000 JAMES P. FALLON, 000–00–0000 JOHN E. WALKER, JR., 000–00–0000 KARL W. ROTH, 000–00–0000 TIMOTHY L. FANNING, 000–00–0000 EDWARD J. WELSH, 000–00–0000 HOWARD D. RUSSELL, 000–00–0000 JAMES P. FARRELLY, 000–00–0000 MARTIN F. WETTERAUER, III, 000–00–0000 ROLLIN R. RUSSELL II, 000–00–0000 ANDREW J. FLOYD, 000–00–0000 RICHARD W. WHITMER, 000–00–0000 JONATHAN L. SACHAR, 000–00–0000 PHILLIP N. FRIETZE, 000–00–0000 JAMES R. WILLSEA, 000–00–0000 GLENN J. SADOWSKI, 000–00–0000 JOHN L. FUREY, 000–00–0000 BRIAN N. WOLFORD, 000–00–0000 MICHAEL J. SANDERS, 000–00–0000 TIMOTHY P. GEORGE, 000–00–0000 TYLER J. ZAGURSKI, 000–00–0000 WESLEY E. SANDERS, 000–00–0000 DONALD A. GORDON, 000–00–0000 JOSEPH J. ZARBA, JR., 000–00–0000 DAVID L. SANFORD, 000–00–0000 ROBERT GOVONI, 000–00–0000 RICHARD D. ZYLA, 000–00–0000 STEPHEN P. SANTIAGO, 000–00–0000 EDWARD M. GRANDINETTI III, 000–00–0000 To be second lieutenant MARK R. SCHAEFER, 000–00–0000 DAVID P. GRANT, 000–00–0000 JEFFERY D. SCRAMSTAD, 000–00–0000 CHARLES R. GRAY, 000–00–0000 BRIAN W. BALBONI, 000–00–0000 ROBERT G. SCUMACI, 000–00–0000 IAN C. GRIGGS, 000–00–0000 JONATHAN E. BURFORD, 000–00–0000 DEREK W. SHAFFER, 000–00–0000 CLARENCE T. GUTHRIE III, 000–00–0000 FRIDRIK FRIDRIKSSON, 000–00–0000 ROBERT C. SHERRILL, 000–00–0000 NICHOLAS S. HALE, 000–00–0000 DAVID W. HUDSPETH, 000–00–0000 DENNIS J. SHERWOOD, 000–00–0000 JASON S. HANSON, 000–00–0000 KEITH A. PARRY, 000–00–0000 PAUL G. SICHENZIA, 000–00–0000 CLARENCE T. HARPER III, 000–00–0000 EDMUND P. POWER, 000–00–0000 QUINN R. SIEVERTS, 000–00–0000 FRANK W. HARRAR, 000–00–0000 JON M. SCOTT, 000–00–0000 KEVIN M. SISBARRO, 000–00–0000 JAMES W. HARRIS, JR., 000–00–0000 KEITH A. VANASDALAN, 000–00–0000 SCOTT R. SIZEMORE, 000–00–0000 MARK A. HASHIMOTO, 000–00–0000 DANIEL P. WHISNANT, 000–00–0000 WYLIE S. SLATER, 000–00–0000 ROBERT A. HAUGHTON, 000–00–0000 WILLIAM E. SMITH JR., 000–00–0000 SPENCER E. HELGESON, 000–00–0000 THE FOLLOWING-NAMED LIMITED DUTY OFFICERS OF MARK E. SOJOURNER, 000–00–0000 KATRINA HENSLEY, 000–00–0000 THE REGULAR MARINE CORPS FOR APPOINTMENT AND JEFFREY G. SORTOR, 000–00–0000 HENRY G. HESS, 000–00–0000 DESIGNATION AS UNRESTRICTED OFFICERS IN THE REG- KARL H. SPAETH, JR., 000–00–0000 MICHAEL J. HILLYARD, 000–00–0000 ULAR MARINE CORPS UNDER THE PROVISIONS OF TITLE JOHN C. SPAHR, 000–00–0000 ROBERT P. HINDMARCH, 000–00–0000 10, UNITED STATES CODE, SECTION 531 AND 5589: ROBERT J. STEFANOWICZ, 000–00–0000 STEVEN W. HODGE, JR., 000–00–0000 U.S. MARINE CORPS UNRESTRICTED LIST ROSS L. STEPHENSON, JR., 000–00–0000 JEFFREY P. HOGAN, 000–00–0000 SEAN C. STEWART, 000–00–0000 RENEE A. HOLMES, 000–00–0000 To be lieutenant colonel VICTOR S. STOVER, 000–00–0000 DAVID S. HUGHEY, 000–00–0000 PAUL T. SULLIVAN, 000–00–0000 JEFFREY L. JAROSZ, 000–00–0000 ARTHUR G. FRIEND, 000–00–0000 SCOTT J. TABER, 000–00–0000 MARK J. JOHNSON, 000–00–0000 To be major THOMAS L. TALOVICH, 000–00–0000 DAVID M. KASE, 000–00–0000 CHRISTOPHER D. TAYLOR, 000–00–0000 JEFFREY S. KAWADA, 000–00–0000 GARY D. FRALEY, 000–00–0000 MICHAEL W. TAYLOR, 000–00–0000 JOHN KEANE, 000–00–0000 STEVEN HICKEY, 000–00–0000 TODD S. TAYLOR, 000–00–0000 KEVEN J. KELLEHER, 000–00–0000 PATRICK E. MILLER, 000–00–0000 RANDALL W. TETEAK, JR., 000–00–0000 MICHAEL J. KENNEDY, 000–00–0000 JOHN C. WRIGHT, 000–00–0000 LANCE M. THOMAS, 000–00–0000 PATRICK M. KIELY, 000–00–0000 CHRISTOPHER D. THOMPSON, 000–00–0000 SUN W. KIM, 000–00–0000 To be captain DAVID C. THOMPSON, 000–00–0000 JEFFREY A. KNUDSON, 000–00–0000 WAYNE R. STEELE, 000–00–0000 BRUCE J. THOMSEN, 000–00–0000 JOHN M. KRAUSE, 000–00–0000 HUGH V. TILLMAN, 000–00–0000 JOSEPH G. KRINGLER, JR., 000–00–0000 IN THE NAVY KEITH H. TREADWAY, 000–00–0000 CLIFFORD J. LANDRETH, 000–00–0000 STEPHEN P. TREICHEL, 000–00–0000 EDWARD T. LANG, 000–00–0000 THE FOLLOWING-NAMED NAVAL ACADEMY GRAD- WILLIAM J. TRUAX, JR., 000–00–0000 WILLIAM F. LAPRATT, 000–00–0000 UATES TO BE APPOINTED PERMANENT ENSIGNS IN THE GREGORY P. UTLEY, 000–00–0000 ALFRED H. LEWIS, JR., 000–00–0000 LINE OR STAFF CORPS OF THE U.S. NAVY, PURSUANT TO DAVID J. VAIL, 000–00–0000 CURTIS T. LOBERGER, 000–00–0000 TITLE 10, UNITED STATES CODE, SECTION 531: DAVID N. VANDIVORT, 000–00–0000 BRYAN F. LUCAS, 000–00–0000 DAVID L. AAMODT, 000–00–0000 WILLIAM J. VANZANTEN, 000–00–0000 BARTLETT D. LUDLOW, 000–00–0000 JAMIE W. ACHEE, 000–00–0000 DANNY J. VERDA, 000–00–0000 RICHARD E. LUEHRS II, 000–00–0000 CHRISTOPHER W. ADAMS, 000–00–0000 LEWIS D. VOGLER, 000–00–0000 MORRIS C. MAHALEY, 000–00–0000 JAMES P. ADAMS, 000–00–0000 JEANNE A. WADZINSKI, 000–00–0000 GEORGE G. MALKASIAN, 000–00–0000 MICHAEL J. ADAMS, 000–00–0000 MICHAEL C. WAGNER, 000–00–0000 MATTHEW R. MARCENELLE, 000–00–0000 JOHN E. AGER, 000–00–0000 MARSHAL D. WALLACE, 000–00–0000 KEVEN W. MATTHEWS, 000–00–0000 SCOT C. ALBRECHT, 000–00–0000 PATRICK B. WALTERS, 000–00–0000 DENNIS P. MATTSON, JR., 000–00–0000 CARA M. ALBRIGHT, 000–00–0000 ANDREW J. WAREHAM, 000–00–0000 DANIEL P. MC KENNA, 000–00–0000 JOHN E. ALEX, 000–00–0000 VINCENT P. WAWRZYNSKI, 000–00–0000 ALAN G. MC KINNON, 000–00–0000 KEITH A. ALFIERI, 000–00–0000 MARC A. WEBSTER, 000–00–0000 JOHN T. MEEK II, 000–00–0000 CLIFFORD J. ALLEN, 000–00–0000 DIXON D. WELT, 000–00–0000 JAMES J. MIGLETZ, 000–00–0000 KEVIN S. ALLEN, 000–00–0000 STEPHEN A. WENRICH, 000–00–0000 BOYD A. MILLER, 000–00–0000 MATTHEW S. ALLEN, 000–00–0000 STEPHEN T. WERNECKE, 000–00–0000 JOHN L. MILLER, 000–00–0000 ROBERT W. ALPIGINI, JR., 000–00–0000 ROBERT A. WILKERSON, 000–00–0000 THOMAS M. MIRANDE, 000–00–0000 LUIS ALVA, 000–00–0000 SCOTT R. WILTERMOOD, 000–00–0000 KURT E. MOGENSEN, 000–00–0000 JOSEPH A. AMARAL, 000–00–0000 DONALD K. WIMP, 000–00–0000 BARRY A. MONTGOMERY, 000–00–0000 MICHAEL P. AMSTUTZ, JR., 000–00–0000 LEE J. WINTERS, 000–00–0000 PAUL T. MORGAN, 000–00–0000 JEREMY T. ANDREW, 000–00–0000

VerDate Aug 31 2005 06:03 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S15AP6.REC S15AP6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3334 CONGRESSIONAL RECORD — SENATE April 15, 1996

WAYNE W. ANDREWS, III, 000–00–0000 KWAME O. COOKE, 000–00–0000 DEREK C. GILLESPIE, 000–00–0000 BRIAN L. APPLEGATE, 000–00–0000 DREW W. COOPER, 000–00–0000 MICHAEL J. GILLIO, 000–00–0000 MICHAEL D. APRICENO, 000–00–0000 MICHAEL J. COOPER, 000–00–0000 WILLIAM P. GILROY, 000–00–0000 RICHARD M. ARCHER, 000–00–0000 TODD P. COPELAND, 000–00–0000 BRIAN J. GIRACCA, 000–00–0000 KIMBERLY A. ARD, 000–00–0000 SCOTT E. CORBETT, 000–00–0000 LEIGH N. GLASSMAN, 000–00–0000 PETER A. ARROBIO, 000–00–0000 MICHAEL CORNELIUS, 000–00–0000 SCOTT C. GLEASON, 000–00–0000 ROBERT S. ASHBURN, 000–00–0000 DERIC R. COTTON, 000–00–0000 LESLIE E. GLOSBY, 000–00–0000 AARON R. AUSTIN, 000–00–0000 DALLAS M. COVINGTON, JR., 000–00–0000 MICHAEL A. GLOVA, 000–00–0000 GEORGE J. AUSTIN, 000–00–0000 CURTIS A. CRAIG, 000–00–0000 MICHAEL N. GOAD, 000–00–0000 ERLINA P. AWA, 000–00–0000 CLARKE F. CRAINE, 000–00–0000 CHRISTOPHER J. GOLINI, 000–00–0000 JOHN F. BAEHR, 000–00–0000 JOSEPH C. CRANDALL, 000–00–0000 DANIEL J. GOMEZ, 000–00–0000 JAMES D. BAHR, 000–00–0000 PAUL D. CRAWFORD, 000–00–0000 ROBERT C. GOMEZ, 000–00–0000 DAVID S. BAIRD, 000–00–0000 MATTHEW M. CRISTO, 000–00–0000 JAMES M. GONZALEZ, 000–00–0000 STEPHEN G. BAIRD, 000–00–0000 NICHOLAS C. CROMWELL, JR., 000–00–0000 NICHOLAS D. GOOD, 000–00–0000 LINDSEY J. BAKER III, 000–00–0000 EDWARD M. CROSSMAN, 000–00–0000 GREGG B. GOYETTE, 000–00–0000 MICHAEL S. BAKER, 000–00–0000 MARK E. CROWE, 000–00–0000 THOMAS J. GRADY, JR., 000–00–0000 CRAIG D. BANGOR, 000–00–0000 MICHAEL A. CRUZ, 000–00–0000 CHARLES V. GRANT, 000–00–0000 CHRISTOPHER M. BANKS, 000–00–0000 MICHEAL P. CUMMINS, 000–00–0000 JEFFREY T. GRANT, 000–00–0000 SEAN M. BANKS, 000–00–0000 MATTHEW W. CUTTER, 000–00–0000 KENNETH J. GRANT, 000–00–0000 HEATHER A. BARACKMAN, 000–00–0000 SEAN P. DALTON, 000–00–0000 JEREMY GRAY, 000–00–0000 MICHAEL M. BARNA, 000–00–0000 ROBERT V. DANIELS, 000–00–0000 ANTHONY S. GRAYSON, 000–00–0000 LUKE A. BARRADELL, 000–00–0000 THINH T. DAO, 000–00–0000 TAVIN V. GREEN, 000–00–0000 TREVOR J. BAST, 000–00–0000 MICHAEL A. DAVIDSON, 000–00–0000 WILLARD T. GREEN, 000–00–0000 DOUGLAS W. BATES, 000–00–0000 JOSEPH B. DAVIS, 000–00–0000 JENNYMARIE GREENOUGH, 000–00–0000 LORY N. BATTAGLIA, 000–00–0000 COLIN P. DAY, 000–00–0000 WILLIAM R. GREINER, 000–00–0000 ROBERT M. BAUGE, 000–00–0000 MARK R. DEBUSE, 000–00–0000 WESLEY W. GROFF, 000–00–0000 MICHELLE M. BAUMBICH, 000–00–0000 SAMUEL F. DECASTRO, 000–00–0000 ELAINE R. GUNN, 000–00–0000 JOSEPH W. BAYER, 000–00–0000 TRACEY L. DELK, 000–00–0000 MICHAEL A. GUSSENHOVEN, 000–00–0000 CHRISTOPHER F. BEAUBIEN, 000–00–0000 JENNIFER N. DELLA BARBA, 000–00–0000 BRIAN R. GUSTAVSON, 000–00–0000 MICHAEL P. BECKER, 000–00–0000 JOHN W. DEPREE, 000–00–0000 RICHARD V. GUZMAN, 000–00–0000 MICHAEL C. BECKETTE, 000–00–0000 JEFFREY A. DERMODY, 000–00–0000 JOSHUA R. HALL, 000–00–0000 THOMAS A. BECKLEY, 000–00–0000 ROBERT F. DEWITT, JR. 000–00–0000 ROBERT R. HALL, JR., 000–00–0000 ELIZABETH A. BEEDE, 000–00–0000 THEODORE T. DIAMOND, 000–00–0000 MARK A. HAMMOND, 000–00–0000 BRIAN H. BENNETT, 000–00–0000 GRAHAME A. DICKS, 000–00–0000 CHRISTOPHER S. HANDWERK, 000–00–0000 PATRICK L. BENNETT, 000–00–0000 CYNTHIA A. DIETERLY, 000–00–0000 ARLEN J. HANLE II, 000–00–0000 RODERICK D. BENSON, 000–00–0000 JOHN T. DIETTER, 000–00–0000 JARED M. HANNUM, 000–00–0000 AARON T. BERGLIN, 000–00–0000 AARON W. DIMMOCK, 000–00–0000 PATRICK D. HANSEN, 000–00–0000 RORY V. BERKE, 000–00–0000 JEFFERY S. DIXON, 000–00–0000 MICHAEL J. HANSON, 000–00–0000 ROBERT A. BERNER, 000–00–0000 ANDREW F. DOHSE, 000–00–0000 JAMES W. HARNEY, 000–00–0000 JEFFREY R. BESSLER, 000–00–0000 STEPHEN M. DOLGOS, 000–00–0000 ANTHONY F. HARRELL, 000–00–0000 MARCUS C. BICKLEY, 000–00–0000 JAMES E. DOLING, 000–00–0000 FERNANDO J. HARRIS, 000–00–0000 MICHAEL D. BILLOK, 000–00–0000 BERNARD V. DOMINGO, 000–00–0000 DAVID W. HART, 000–00–0000 ANTHONY J. BILOTTI, 000–00–0000 GREGORY J. DONOFRIO, 000–00–0000 JEFFREY D. HART, 000–00–0000 MICHAEL D. BISBEE, 000–00–0000 THOMAS A. DONOVAN, 000–00–0000 JOHN A. HARTNETT, 000–00–0000 LANIE G. BLACK IV, 000–00–0000 TRENTON B. DOUTHETT, 000–00–0000 CHAD A. HASKELL, 000–00–0000 YOLANDA E. BLAIR, 000–00–0000 BRIAN P. DOWNEY, 000–00–0000 KYLE W. HASTINGS, 000–00–0000 STUART H. BLANCHETTE, 000–00–0000 MATTHEW J. DRAG, 000–00–0000 TIFFANY A. HATFIELD, 000–00–0000 ALEXANDER P. BOESENBERG, 000–00–0000 BRETT W. DRESDEN, 000–00–0000 SCOTT B. HATTAWAY, 000–00–0000 SHAWN A. BOHRER, 000–00–0000 PETER C. DRIGGS, 000–00–0000 ERIC C. HAUN, 000–00–0000 MATTHEW R. BOLAND, 000–00–0000 JOHN P. DUCKETT II, 000–00–0000 PHAEDRA J. HAUSSLER, 000–00–0000 CHAD A. BOLLMANN, 000–00–0000 MATTHEW J. DUFFY, 000–00–0000 STEPHEN M. HAVERLAH, 000–00–0000 JAMES E. BOOMER, 000–00–0000 TYLER S. DUNAWAY, 000–00–0000 GRAHAM T. HAWKINSON, 000–00–0000 WESLEY D. BOOSE, 000–00–0000 JAMES M. DUNBAR, 000–00–0000 ANDREW P. HAYES, 000–00–0000 MICHAEL S. BORCHERDING, 000–00–0000 RYAN K. DUNN, 000–00–0000 TRAVIS W. HAYES, 000–00–0000 HOLLEY R. BOREN, 000–00–0000 CHARLES R. DWY, JR., 000–00–0000 LAURENT T. HAYWARD, 000–00–0000 RHOAN C. BOUCHER, 000–00–0000 DEKE K. EGGER, 000–00–0000 NOAH J. HAYWARD, 000–00–0000 JUANITO F. BOYDON, JR., 000–00–0000 MARK R. EHMANN, 000–00–0000 ANDREW J. HEALEY, 000–00–0000 MICHAEL J. BRADY, 000–00–0000 CHARLES W. EHNES, 000–00–0000 MICHAEL E. HEBERT, 000–00–0000 DANIEL B. BRANCH III, 000–00–0000 DAVID W. EISEN, 000–00–0000 THOMAS B. HECK, 000–00–0000 NICHOLAS A. BRANDT, 000–00–0000 RYAN K. EISENHARDT, 000–00–0000 PETER A. HEIDELBERGER, 000–00–0000 WILLIAM L. BRECKINRIDGE VII, 000–00–0000 JASON B. EISTER, 000–00–0000 FRANZ M. HELCHINGER, 000–00–0000 SCOTT M. BREEN, 000–00–0000 TERESA E. ELDERS, 000–00–0000 JUSTIN K. HENDRICKSON, 000–00–0000 DAVID J. BRENIA, 000–00–0000 SHARON P. ELIASSEN, 000–00–0000 JOHN H. HENTZE, JR., 000–00–0000 MICHAEL J. BRONS, 000–00–0000 JOEL A. ELLINGSON, 000–00–0000 EDWARD D. HERNANDEZ, 000–00–0000 AMANDA J. BROOKS, 000–00–0000 MICHAEL C. ELLIOTT, 000–00–0000 JAIME A. HERNANDEZ, 000–00–0000 JAMIE M. BROOKS, 000–00–0000 CHARLES D. ELLIS, JR., 000–00–0000 RUSSELL A. HERRELL, 000–00–0000 LESTER A. BROWN, JR., 000–00–0000 SUSANNE R. ELMER, 000–00–0000 RUSSELL R. HERRELL, 000–00–0000 RYAN D. BROWN, 000–00–0000 JOSEPH A. ERNST, 000–00–0000 CHIOMA U. HIBBERT, 000–00–0000 CURTIS W. BRUCE, JR., 000–00–0000 KIMBERLY D. ERNST, 000–00–0000 TODD D. HICKMAN, 000–00–0000 TODD M. BRUEMER, 000–00–0000 JESSE G. ESPE, 000–00–0000 MICHAEL D. HIGGINS, 000–00–0000 CORY S. BRUMMETT, 000–00–0000 ERIK C. ESTENSON, 000–00–0000 JESSE W. HILLIKER, 000–00–0000 EDDIE B. BUCKLES, JR., 000–00–0000 RUSSELL R. EVANS, 000–00–0000 KEITH J. HIMMER, 000–00–0000 CHRISTOPHER M. BUGG, 000–00–0000 ROBERT C. FANNON, 000–00–0000 ETHAN D. HOAG, JR., 000–00–0000 RICHARD G. BURGESS, 000–00–0000 JEFFREY S. FARLIN, 000–00–0000 MELISSA H. HOCKGRAVER, 000–00–0000 WILLIAM B. BURKHEAD, 000–00–0000 MATTHEW W. FARR, 000–00–0000 JAMES W. HODGES III, 000–00–0000 RANDY J. 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ERIC S. KELLUM, 000–00–0000 KRISTINE P. MOORE, 000–00–0000 NATHAN A. SCHNEIDER, 000–00–0000 PATRICK M. KELLY, 000–00–0000 WILLIAM D. MOOREHEAD, 000–00–0000 ADAM W. SCHNITZER, 000–00–0000 JAMES P. KENNEDY IV, 000–00–0000 MICHAEL E. MORERA, 000–00–0000 KEITH E. SCHOMIG, 000–00–0000 PATRICK L. KENNEDY, 000–00–0000 DANIEL J. MORKEN, 000–00–0000 HARRISON C. SCHRAMM, 000–00–0000 RICHARD A. KENNEDY, JR., 000–00–0000 ALAN W. MORRIS, 000–00–0000 LESLIE S. SCHREINER, 000–00–0000 JAMES R. KENNY, 000–00–0000 FREDRIC A. MORRISON, 000–00–0000 BRIAN T. SCHRUM, 000–00–0000 ROBERT W. KERFOOT, 000–00–0000 MARGUERITE A. MORRISON, 000–00–0000 KATHRYN M. SCHULZ, 000–00–0000 JENNIFER C. KIDD, 000–00–0000 ANDREW N. MOULIS, 000–00–0000 IAN R. SCHUSTER, 000–00–0000 MICHAEL L. KILMURRAY, 000–00–0000 ALFRED S. MULLER III, 000–00–0000 MATTHEW R. SCORNAVACCHI, 000–00–0000 EDDIE J. KIM, 000–00–0000 JASON Q. MUNOS, 000–00–0000 KRISTOFER J. SCOTT, 000–00–0000 PETER S. KIM, 000–00–0000 MATTHEW S. 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WENSCHLAG, 000–00–0000 CARLOS A. MONTGOMERY, 000–00–0000 PETER M. SCHNAPPAUF III, 000–00–0000 STEVEN P. WERNER, 000–00–0000

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CURTIS J. WESTADT, 000–00–0000 JOHN R. WILLIAMSON, 000–00–0000 CHRISTOPHER T. WYNN, 000–00–0000 TODD M. WESTERMAN, 000–00–0000 ROBERT L. WILLINGHAM, 000–00–0000 ANTHONY D. YANERO, 000–00–0000 CHADWICK J. WHITE, 000–00–0000 JONATHAN E. WILLIS, 000–00–0000 JAESEN V. YERGER, 000–00–0000 RICHARD W. WHITFIELD, 000–00–0000 CHARLES J. WILSON, 000–00–0000 RODNEY H. YERGER, JR., 000–00–0000 RICHARD W. WHITLOCK II, 000–00–0000 MARIO N. WILSON, 000–00–0000 MICHAEL A. YORK, 000–00–0000 PHILIP A. WHITMORE, 000–00–0000 HUGH E. WINKEL, 000–00–0000 CALE H. YOUNG, 000–00–0000 TRAVIS J. WILCOX, 000–00–0000 RYAN J. WITCOFSKI, 000–00–0000 CHRISTOPHER M. YOUNG, 000–00–0000 WILLIAM A. WILHELM, 000–00–0000 MICHAEL R. WOHNHAAS, 000–00–0000 MICHELLE T. ZACHARY, 000–00–0000 JULIE L. WILHELMI, 000–00–0000 JASON L. WOOD, 000–00–0000 DARREN B. WILKINS, 000–00–0000 CHRISTOPHER L. WRIGHT, 000–00–0000 KURT M. ZIEGLER, 000–00–0000 JOHNNY C. WILLIAMS, JR., 000–00–0000 EUGENE B. WRIGHT, 000–00–0000 KRISTI M. ZIMMER, 000–00–0000 MANOLETO Z. WILLIAMS, 000–00–0000 MARK D. WRZYSZCZYNSKI, 000–00–0000 JACOB R. ZISSU, 000–00–0000 STEPHEN M. WILLIAMS, 000–00–0000 CHRISTIAN B. WUNSCH, 000–00–0000 SCHON M. ZWAKMAN, 000–00–0000

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