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, JULY 22, 1996 No. 108 House of Representatives

The House met at 10:30 a.m. and was The message also announced that the tleman from Pennsylvania [Mr. called to order by the Speaker pro tem- Senate has passed a bill of the follow- MCDADE], who very promptly and ap- pore [Mr. PETRI]. ing title in which the concurrence of propriately expressed his concern to f the House is requested: the families of the high school students who were involved in that horrible in- DESIGNATION OF THE SPEAKER S. 919. An act to modify and reauthorize the Child Abuse Prevention and Treatment cident. PRO TEMPORE Act, and for other purposes. This community, Montoursville, is in The SPEAKER pro tempore laid be- The message further announced that Wyoming County. Prior to the current fore the House the following commu- the Senate insists upon its amendment configuration of our legislative dis- nication from the Speaker: to the bill (H.R. 3610) ‘‘An act making tricts, I had the privilege of represent- WASHINGTON, DC, appropriations for the Department of ing that area. I must tell my col- July 22, 1996. Defense for the fiscal year ending Sep- leagues that this is an all-American I hereby designate the Honorable THOMAS community, which the news media has E. PETRI to act as Speaker pro tempore on tember 30, 1997, and for other pur- poses,’’ requests a conference with the very accurately portrayed in all its this day. coverages following that tragic air NEWT GINGRICH, House on the disagreeing votes of the Speaker of the House of Representatives. two Houses thereon, and appoints Mr. crash. This little community has spawned f STEVENS, Mr. COCHRAN, Mr. SPECTER, many, many different types of sports Mr. DOMENICI, Mr. BOND, Mr. MCCON- MESSAGE FROM THE SENATE championships and academic cham- NELL, Mr. MACK, Mr. SHELBY, Mr. pionships. It seemed almost every A message from the Senate by Ms. GREGG, Mr. HATFIELD, Mr. INOUYE, Mr. other week I was attending a banquet McDevitt, one of its clerks, announced HOLLINGS, Mr. JOHNSTON, Mr. BYRD, for the girls’ softball champions or the that the Senate had passed without Mr. LEAHY, Mr. BUMPERS, Mr. LAUTEN- boys’ baseball champions or the little amendment a bill of the House of the BERG, and Mr. HARKIN, to be the con- league champions, not to mention high following title: ferees on the part of the Senate. H.R. 3161. An act to authorize the exten- academic honors for individuals and f sion of nondiscriminatory treatment (most- classes, et cetera, that emerged from favored-nation treatment) to the products of MORNING BUSINESS that high school. So I wanted to point Romania. that out to my colleagues that, indeed, The message also announced that the The SPEAKER pro tempore. Pursu- for a change, the media’s portrayal of Senate had passed with an amendment ant to the order of the House of May 12, that community was absolutely accu- in which the concurrence of the House 1995, the Chair will now recognize rate as being one made up of neighbors is requested, a bill of the House of the Members from lists submitted by the and friends, all of whom knew each following title: majority and minority leaders for other, and in one way or another, al- H.R. 3610. An act making appropriations morning hour debates. The Chair will ways participated in community en- for the Department of Defense for the fiscal alternate recognition between the par- deavors, and now they join hands to ex- year ending September 30, 1997, and for other ties, with each party limited to not to tend their persona, each and every one purposes. exceed 30 minutes, and each Member to the other, in that lovely little com- The message also announced that the except the majority and minority lead- munity. Senate disagrees to the amendment of ers limited to not to exceed 5 minutes. I did direct the communication to the House to the bill (S. 1316) ‘‘An act The Chair recognizes the gentleman the mayor and to others in that area, to reauthorize and amend title XIV of from Pennsylvania [Mr. GEKAS] for 5 and I simply wanted to enter my feel- the Public Health Service Act (com- minutes. ings into the CONGRESSIONAL RECORD. monly known as the ‘Safe Drinking f NO MORE GOVERNMENT SHUTDOWNS Water Act’), and for other purposes,’’ On another matter, everyone knows agrees to a conference asked by the TRAGEDY IN THE SKIES by now that the Government shut down House on the disagreeing votes of the Mr. GEKAS. Mr. Speaker, everyone several times, not just this past cycle, two Houses thereon, and appoints Mr. by now knows about the impact of the not just this term of Congress, but in CHAFEE, Mr. KEMPTHORNE, Mr. THOMAS, recent aircraft tragedy on a small com- previous occasions, actually shut down. Mr. WARNER, Mr. BAUCUS, Mr. REID, munity in Pennsylvania, As a matter of fact, there was a time and Mr. LAUTENBERG, to be conferees Montoursville. This area is represented when during Desert Storm or Desert on the part of the Senate. currently by our colleague, the gen- Shield, I guess the formation of our

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

H8033 H8034 CONGRESSIONAL RECORD — HOUSE July 22, 1996 troop contingents in Saudi Arabia be- RECESS piece of legislation that will be setting fore Desert Storm, while our young The SPEAKER pro tempore. There up a national commission to study the people were gathering there, weapon in being no further requests for morning impact of gambling which is running hand, as it were, our Government shut business, pursuant to clause 12, rule I, rampant in the country. Quite frankly down. the House will stand in recess until 12 the country is turning into one gam- What kind of a spectacle is that? noon. bling casino as gambling spreads and This is in December 1990, the troops Accordingly (at 10 o’clock and 37 spreads and spreads. As gambling pro- were already amassing in Saudi Arabia minutes a.m.), the House stood in re- liferates in casinos on riverboats, on and were poised to launch the eventual cess until 12 noon. Indian reservations, dog and horse Desert Storm activity, and our Govern- tracks and elsewhere, problems such as f ment shut down. crime, political corruption, cannibal- Is that not shameful, to have the b 1200 ization of existing businesses, gambling Government, which is sponsoring the addiction, family breakups, and sui- activities of our young members of the AFTER RECESS cides are growing, which is an unfortu- Armed Forces, to shut down? They The recess having expired, the House nate consequence. were over in Saudi Arabia without a was called to order by the Speaker pro This legislation we are about to take government back home. Now, that is tempore [Mr. WALKER] at 12 noon. up will create an unbiased, bipartisan disgraceful. f nine-member commission to finally Well, prior to that time even, when take a comprehensive look at these we sensed the urgency of what happens PRAYER problems. when the Government shuts down, I in- The Chaplain, Rev. James David Mr. Speaker, I would like to take a troduced a piece of legislation which I Ford, D.D., offered the following pray- moment to make sure all the Members want to redescribe here today, which er: know that we have finally been able to would end shutdowns forever. If we Teach us, O God, to make good use of bring this bill to fruition. Last Wednes- adopted my legislation, I repeat, never our time, that precious gift that we use day, July 17, the full Senate passed by again would we witness or experience a to our benefit or to our harm. When we unanimous consent H.R. 497 with an Government shutdown. It is so simple have new opportunities and health we amendment and, despite public pro- in its aspect that the reason that peo- think that time will never end, and nouncements of the gambling industry ple have told me that it has not passed when we face the adversities or afflic- in support of an unbiased study, tre- up until now is because it makes too tions that certainly come, our span of mendous lobbying pressure was good sense. It makes common sense, days runs out and we yearn for more brought to bear on Senators to kill or and that is why it cannot get through time. Encourage us, O gracious God, to gut this bill. It is a tribute to this de- Congress. use our time wisely so that we do not liberative body that such pressures, Here is what happens: At the end of miss Your blessings of faith and hope which clearly represented the opposi- the fiscal year on September 30, if the and love but rather embrace them, hold tion of a small but powerful minority, Congress has not adopted a new budget to them, and never let them go. In were not able to thwart the will of the which is due by midnight September 30 Your name, we pray. Amen. vast majority of Congress and the or October 1, then my bill, if enacted, American people. would automatically cause an instant f In the process, Mr. Speaker, I want replay, as it were, everybody recog- THE JOURNAL to thank Senate Majority Leader nizes that, an instant replay of last TRENT LOTT who, notwithstanding year’s budget. The SPEAKER pro tempore. The some concerns he had about the legis- In its lowest denominator terms, last Chair has examined the Journal of the lation, exerted great leadership in year’s budget, or if the House has last day’s proceedings and announces bringing H.R. 497 to a vote. He is a man passed an appropriations bill that is to the House his approval thereof. of his word, of honor and integrity. Pursuant to clause 1, rule I, the Jour- lower than the last year’s bill, or the f Senate has, we take the lowest figure nal stands approved. REPORT ON DEVELOPMENTS CON- and instant replay what occurred the f CERNING NATIONAL EMERGENCY next day, October 1, and our budget PLEDGE OF ALLEGIANCE WITH RESPECT TO LIBYA—MES- would be in place, no shutdown could SAGE FROM THE PRESIDENT OF occur, the employees of the Federal The SPEAKER pro tempore. The THE UNITED STATES (H. DOC. Government would continue with their Chair will lead the House in the Pledge NO. 104–248) functions, our Armed Forces would of Allegiance. continue in their duties to our people, The SPEAKER pro tempore led the The SPEAKER pro tempore laid be- and everything would go on normally, Pledge of Allegiance as follows: fore the House the following message and the Congress would still have an I pledge allegiance to the Flag of the from the President of the United opportunity with the White House to United States of America, and to the States; which was read and, without negotiate the next year’s budget. In Republic for which it stands, one nation objection, referred to the Committee the meantime, we will have ongoing under God, indivisible, with liberty and jus- on International Relations and ordered tice for all. portions of last year’s budget. to be printed. Is that not simple? Should we not f To the Congress of the United States: have that kind of resolution of this MESSAGE FROM THE PRESIDENT I hereby report to the Congress on vexatious problem? the developments since my last report The bill that I introduced again this A message in writing from the Presi- of January 22, 1996, concerning the na- cycle was one which became the sub- dent of the United States was commu- tional emergency with respect to Libya ject of my entreaties before the Com- nicated to the House by Mr. Edwin that was declared in Executive Order mittee on Rules, and an amazing thing Thomas, one of his secretaries. No. 12543 of January 7, 1986. This report happened. In previous times when the f is submitted pursuant to section 401(c) Democrat Party controlled the Com- of the National Emergencies Act, 50 mittee on Rules, I went before them SUPPORT H.R. 497, NATIONAL GAM- U.S.C. 1641(c); section 204(c) of the and each time they slammed the door BLING IMPACT AND POLICY COM- International Emergency Economic in my face. Only the Republicans sup- MISSION ACT Powers Act (‘‘IEEPA’’), 50 U.S.C. ported me on that measure each time I (Mr. WOLF asked and was given per- 1703(c); and section 505(c) of the Inter- appeared before the Committee on mission to address the House for 1 national Security and Development Co- Rules. minute and to revise and extend his re- operation Act of 1985, 22 U.S.C. 2349aa– The reverse has now happened. It is marks.) 9(c). time to end Government shutdowns Mr. WOLF. Mr. Speaker, shortly we 1. On January 3, 1996, I renewed for forever. Support the Gekas bill. will be bringing up a very important another year the national emergency July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8035 with respect to Libya pursuant to District Court for the Eastern District Such rollcall votes, if postponed, will IEEPA. This renewal extended the cur- of Wisconsin for Libyan sanctions vio- be taken after debate is concluded on rent comprehensive financial and trade lations. A three-count information all motions to suspend the rules, but embargo against Libya in effect since charged the company with aiding and not before 5 p.m. today. 1986. Under these sanctions, all trade abetting the sale of construction equip- f with Libya is prohibited, and all assets ment and parts from a foreign affiliate NATIONAL GAMBLING IMPACT owned or controlled by the Libyan to Libya. The company paid $1,810,000 AND POLICY COMMISSION ACT Government in the United States or in in criminal fines and $190,000 in civil the possession or control of U.S. per- penalties. Numerous investigations Mr. HYDE. Mr. Speaker, I move to sons are blocked. carried over from prior reporting peri- suspend the rules and concur in the 2. There have been no amendments to ods are continuing and new reports of Senate amendment to the bill (H.R. the Libyan Sanctions Regulations, 31 violations are being pursued. 497) to create the National Gambling C.F.R. Part 550 (the ‘‘Regulations’’), 6. The expenses incurred by the Fed- Impact and Policy Commission. administered by the Office of Foreign eral Government in the 6-month period The Clerk read as follows: Assets Control (OFAC) of the Depart- from January 6 through July 6, 1996, Senate amendment: ment of the Treasury, since my last re- that are directly attributable to the Strike out all after the enacting clause and port on January 22, 1996. exercise of powers and authorities con- insert: 3. During the current 6-month period, ferred by the declaration of the Libyan SECTION 1. SHORT TITLE. OFAC reviewed numerous applications national emergency are estimated at This Act may be cited as the ‘‘National Gam- for licenses to authorize transactions approximately $730,000. Personnel costs bling Impact Study Commission Act’’. under the Regulations. Consistent with were largely centered in the Depart- SEC. 2. FINDINGS. OFAC’s ongoing scrutiny of banking ment of the Treasury (particularly in The Congress finds that— transactions, the largest category of li- the Office of Foreign Assets Control, (1) the most recent Federal study of gambling the Office of the General Counsel, and in the United States was completed in 1976; cense approvals (91) concerned requests (2) legalization of gambling has increased sub- by non-Libyan persons or entities to the U.S. Customs Service), the Depart- stantially over the past 20 years, and State, unblock transfers interdicted because ment of State, and the Department of local, and Native American tribal governments of what appeared to be Government of Commerce. have established gambling as a source of jobs Libya interests. Three licenses were is- 7. The policies and actions of the and additional revenue; sued for the expenditure of funds and Government of Libya continue to pose (3) the growth of various forms of gambling, acquisition of goods and services in the an unusual and extraordinary threat to including electronic gambling and gambling over United States by or on behalf of ac- the national security and foreign pol- the Internet, could affect interstate and inter- national matters under the jurisdiction of the credited persons and athletes of Libya icy of the United States. In adopting United Nations Security Council Reso- Federal Government; in connection with participation in the (4) questions have been raised regarding the 1996 Paralympic Games. One license lution 883 in November 1993, the Secu- social and economic impacts of gambling, and was issued to authorize a U.S. company rity Council determined that the con- Federal, State, local, and Native American trib- to initiate litigation against an entity tinued failure of the Government of al governments lack recent, comprehensive in- of the Government of Libya. Libya to demonstrate by concrete ac- formation regarding those impacts; and 4. During the current 6-month period, tions its renunciation of terrorism, and (5) a Federal commission should be established OFAC continued to emphasize to the in particular its continued failure to to conduct a comprehensive study of the social international banking community in respond fully and effectively to the re- and economic impacts of gambling in the United States. the United States the importance of quests and decisions of the Security SEC. 3. NATIONAL GAMBLING IMPACT STUDY identifying and blocking payments Council in Resolutions 731 and 748, con- cerning the bombing of the Pan Am 103 COMMISSION. made by or on behalf of Libya. The Of- (a) ESTABLISHMENT OF COMMISSION.—There is fice worked closely with the banks to and UTA 772 flights, constituted a established a commission to be known as the Na- assure the effectiveness of interdiction threat to international peace and secu- tional Gambling Impact Study Commission software systems used to identify such rity. The United States will continue (hereinafter referred to in this Act as ‘‘the Com- payments. During the reporting period, to coordinate its comprehensive sanc- mission’’). The Commission shall— more than 129 transactions potentially tions enforcement efforts with those of (1) be composed of 9 members appointed in ac- other U.N. member states. We remain cordance with subsection (b); and involving Libya were interdicted, with (2) conduct its business in accordance with an additional $7 million held blocked determined to ensure that the per- petrators of the terrorist acts against the provisions of this Act. as of May 15. (b) MEMBERSHIP.— Pan Am 103 and UTA 772 are brought to 5. Since my last report, OFAC col- (1) IN GENERAL.—The Commissioners shall be lected eight civil monetary penalties justice. The families of the victims in appointed for the life of the Commission as fol- totaling more than $51,000 for viola- the murderous Lockerbie bombing and lows: tions of the U.S. sanctions against other acts of Libyan terrorism deserve (A) 3 shall be appointed by the President of Libya. Two of the violations involved nothing less. I shall continue to exer- the United States. the failure of banks to block funds cise the powers at my disposal to apply (B) 3 shall be appointed by the Speaker of the House of Representatives. transfers to Libyan-owned or Libyan- economic sanctions against Libya fully and effectively, so long as those meas- (C) 3 shall be appointed by the Majority Lead- controlled banks. Two other penalties er of the Senate. ures are appropriate, and will continue were received from corporations for ex- (2) PERSONS ELIGIBLE.—The members of the port violations, including one received to report periodically to the Congress Commission shall be individuals who have as part of a plea agreement before a on significant developments as re- knowledge or expertise, whether by experience U.S. district judge. Four additional quired by law. or training, in matters to be studied by the Com- mission under section 4. The members may be penalties were paid by U.S. citizens en- WILLIAM J. CLINTON. gaging in Libyan oilfield-related trans- from the public or private sector, and may in- THE WHITE HOUSE, July 22, 1996. clude Federal, State, local, or Native American actions while another 30 cases involv- f tribal officers or employees, members of aca- ing similar violations are in active ANNOUNCEMENT BY THE SPEAKER demia, non-profit organizations, or industry, or penalty processing. other interested individuals. PRO TEMPORE On February 6, 1996, a jury sitting in (3) CONSULTATION REQUIRED.—The President, the District of Connecticut found two The SPEAKER pro tempore. Pursu- the Speaker of the House of Representatives, Connecticut businessmen guilty on ant to the provisions of clause 5 of rule and the Majority Leader of the Senate shall charges of false statements, conspir- I, the Chair announces that he will consult among themselves prior to the appoint- acy, and illegally diverting U.S.-origin postpone further proceedings today on ment of the members of the Commission in order technology to Libya between 1987 and each motion to suspend the rules on to achieve, to the maximum extent possible, fair and equitable representation of various points of 1993 in violation of U.S. sanctions. On which a recorded vote or the yeas and view with respect to the matters to be studied by May 22, 1996, a major manufacturer of nays are ordered, or on which the vote the Commission under section 4. farm and construction equipment en- is objected to under clause 4 of rule (4) COMPLETION OF APPOINTMENTS; VACAN- tered a guilty plea in the United States XV. CIES.—The President, the Speaker of the House H8036 CONGRESSIONAL RECORD — HOUSE July 22, 1996

of Representatives, and the Majority Leader of (b) REPORT.—No later than 2 years after the of the Commission, the head of such department the Senate shall conduct the consultation re- date on which the Commission first meets, the or agency may furnish such information to the quired under paragraph (3) and shall each make Commission shall submit to the President, the Commission. their respective appointments not later than 60 Congress, State Governors, and Native American (d) INFORMATION TO BE KEPT CONFIDEN- days after the date of enactment of this Act. tribal governments a comprehensive report of TIAL.—The Commission shall be considered an Any vacancy that occurs during the life of the the Commission’s findings and conclusions, to- agency of the Federal Government for purposes Commission shall not affect the powers of the gether with any recommendations of the Com- of section 1905 of title 18, United States Code, Commission, and shall be filled in the same mission. Such report shall include a summary of and any individual employed by an individual, manner as the original appointment not later the reports submitted to the Commission by the entity, or organization under contract to the than 60 days after the vacancy occurs. Advisory Commission on Intergovernmental Re- Commission under section 7 shall be considered (5) OPERATION OF THE COMMISSION.— lations and National Research Council under an employee of the Commission for the purposes (A) CHAIRMANSHIP.—The President, the section 7, as well as a summary of any other ma- of section 1905 of title 18, United States Code. Speaker of the House of Representatives, and terial relied on by the Commission in the prepa- Information obtained by the Commission, other the Majority Leader of the Senate shall jointly ration of its report. than information available to the public, shall not be disclosed to any person in any manner, designate one member as the Chairman of the SEC. 5. POWERS OF THE COMMISSION. except— Commission. In the event of a disagreement (a) HEARINGS.— among the appointing authorities, the Chairman (1) to Commission employees or employees of (1) IN GENERAL.—The Commission may hold any individual, entity, or organization under shall be determined by a majority vote of the ap- such hearings, sit and act at such times and pointing authorities. The determination of contract to the Commission under section 7 for places, administer such oaths, take such testi- the purpose of receiving, reviewing, or process- which member shall be Chairman shall be made mony, and receive such evidence as the Commis- not later than 15 days after the appointment of ing such information; sion considers advisable to carry out its duties (2) upon court order; or the last member of the Commission, but in no under section 4. (3) when publicly released by the Commission case later than 75 days after the date of enact- (2) WITNESS EXPENSES.—Witnesses requested in an aggregate or summary form that does not ment of this Act. to appear before the Commission shall be paid directly or indirectly disclose— (B) MEETINGS.—The Commission shall meet at the same fees as are paid to witnesses under sec- (A) the identity of any person or business en- the call of the Chairman. The initial meeting of tion 1821 of title 28, United States Code. The per tity; or the Commission shall be conducted not later diem and mileage allowances for witnesses shall (B) any information which could not be re- than 30 days after the appointment of the last be paid from funds appropriated to the Commis- leased under section 1905 of title 18, United member of the Commission, or not later than 30 sion. States Code. days after the date on which appropriated (b) SUBPOENAS.— SEC. 6. COMMISSION PERSONNEL MATTERS. funds are available for the Commission, which- (1) IN GENERAL.—If a person fails to supply (a) COMPENSATION OF MEMBERS.—Each mem- ever is later. information requested by the Commission, the ber of the Commission who is not an officer or (C) QUORUM; VOTING; RULES.—A majority of Commission may by majority vote require by employee of the Federal Government, or whose the members of the Commission shall constitute subpoena the production of any written or re- compensation is not precluded by a State, local, a quorum to conduct business, but the Commis- corded information, document, report, answer, or Native American tribal government position, sion may establish a lesser quorum for conduct- record, account, paper, computer file, or other shall be compensated at a rate equal to the daily ing hearings scheduled by the Commission. Each data or documentary evidence necessary to equivalent of the annual rate of basic pay pre- member of the Commission shall have one vote, carry out its duties under section 4. The Com- scribed for Level IV of the Executive Schedule and the vote of each member shall be accorded mission shall transmit to the Attorney General a under section 5315 of title 5, United States Code, the same weight. The Commission may establish confidential, written notice at least 10 days in for each day (including travel time) during by majority vote any other rules for the conduct advance of the issuance of any such subpoena. which such member is engaged in the perform- of the Commission’s business, if such rules are A subpoena under this paragraph may require ance of the duties of the Commission. All mem- not inconsistent with this Act or other applica- the production of materials from any place bers of the Commission who are officers or em- ble law. within the United States. ployees of the United States shall serve without SEC. 4. DUTIES OF THE COMMISSION. (2) INTERROGATORIES.—The Commission may, compensation in addition to that received for (a) STUDY.— with respect only to information necessary to their services as officers or employees of the (1) IN GENERAL.—It shall be the duty of the understand any materials obtained through a United States. Commission to conduct a comprehensive legal subpoena under paragraph (1), issue a subpoena (b) TRAVEL EXPENSES.—The members of the and factual study of the social and economic requiring the person producing such materials Commission shall be allowed travel expenses, in- impacts of gambling in the United States on— to answer, either through a sworn deposition or cluding per diem in lieu of subsistence, at rates (A) Federal, State, local, and Native American through written answers provided under oath authorized for employees of agencies under sub- chapter I of chapter 57 of title 5, United States tribal governments; and (at the election of the person upon whom the Code, while away from their homes or regular (B) communities and social institutions gen- subpoena is served), to interrogatories from the places of business in the performance of service erally, including individuals, families, and busi- Commission regarding such information. A com- for the Commission. nesses within such communities and institu- plete recording or transcription shall be made of (c) STAFF.— tions. any deposition made under this paragraph. (1) IN GENERAL.—The Chairman of the Com- (2) MATTERS TO BE STUDIED.—The matters (3) CERTIFICATION.—Each person who submits mission may, without regard to the civil service studied by the Commission under paragraph (1) materials or information to the Commission pur- laws and regulations, appoint and terminate an shall at a minimum include— suant to a subpoena issued under paragraph (1) executive director and such other additional (A) a review of existing Federal, State, local, or (2) shall certify to the Commission the au- personnel as may be necessary to enable the and Native American tribal government policies thenticity and completeness of all materials or Commission to perform its duties. The employ- and practices with respect to the legalization or information submitted. The provisions of section ment and termination of an executive director prohibition of gambling, including a review of 1001 of title 18, United States Code, shall apply shall be subject to confirmation by a majority of the costs of such policies and practices; to any false statements made with respect to the the members of the Commission. (B) an assessment of the relationship between certification required under this paragraph. (2) COMPENSATION.—The executive director gambling and levels of crime, and of existing en- (4) TREATMENT OF SUBPOENAS.—Any subpoena shall be compensated at a rate not to exceed the forcement and regulatory practices that are in- issued by the Commission under paragraph (1) rate payable for level V of the Executive Sched- tended to address any such relationship; or (2) shall comply with the requirements for ule under section 5316 of title 5, United States (C) an assessment of pathological or problem subpoenas issued by a United States district Code. The Chairman may fix the compensation gambling, including its impact on individuals, court under the Federal Rules of Civil Proce- of other personnel without regard to the provi- families, businesses, social institutions, and the dure. sions of chapter 51 and subchapter III of chap- economy; (5) FAILURE TO OBEY A SUBPOENA.—If a per- ter 53 of title 5, United States Code, relating to (D) an assessment of the impacts of gambling son refuses to obey a subpoena issued by the classification of positions and General Schedule on individuals, families, businesses, social insti- Commission under paragraph (1) or (2), the pay rates, except that the rate of pay for such tutions, and the economy generally, including Commission may apply to a United States dis- personnel may not exceed the rate payable for the role of advertising in promoting gambling trict court for an order requiring that person to level V of the Executive Schedule under section and the impact of gambling on depressed eco- comply with such subpoena. The application 5316 of such title. nomic areas; may be made within the judicial district in (3) DETAIL OF GOVERNMENT EMPLOYEES.—Any (E) an assessment of the extent to which gam- which that person is found, resides, or transacts Federal Government employee, with the ap- bling provides revenues to State, local, and Na- business. Any failure to obey the order of the proval of the head of the appropriate Federal tive American tribal governments, and the ex- court may be punished by the court as civil con- agency, may be detailed to the Commission tent to which possible alternative revenue tempt. without reimbursement, and such detail shall be sources may exist for such governments; and (c) INFORMATION FROM FEDERAL AGENCIES.— without interruption or loss of civil service sta- (F) an assessment of the interstate and inter- The Commission may secure directly from any tus, benefits, or privilege. national effects of gambling by electronic Federal department or agency such information (d) PROCUREMENT OF TEMPORARY AND INTER- means, including the use of interactive tech- as the Commission considers necessary to carry MITTENT SERVICES.—The Chairman of the Com- nologies and the Internet. out its duties under section 4. Upon the request mission may procure temporary and intermittent July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8037 services under section 3109(b) of title 5, United tent provided for in advance in an appropria- bling and crime, including organized States Code, at rates for individuals not to ex- tion Act. crime. ceed the daily equivalent of the annual rate of SEC. 10. TERMINATION OF THE COMMISSION. Based upon this extensive committee basic pay prescribed for Level V of the Executive The Commission shall terminate 60 days after record and personal study, I concluded Schedule under section 5316 of such title. the Commission submits the report required that a study commission on gambling SEC. 7. CONTRACTS FOR RESEARCH. under section 4(b). in the United States is a good idea. As (a) ADVISORY COMMISSION ON INTERGOVERN- The SPEAKER pro tempore. Pursu- the Washington Post proclaimed in its MENTAL RELATIONS.— ant to the rule, the gentleman from Il- (1) IN GENERAL.—In carrying out its duties headline for an editorial endorsing the linois [Mr. HYDE] and the gentleman under section 4, the Commission shall contract bill: ‘‘For Once, a Useful Commission!’’ with the Advisory Commission on Intergovern- from Massachusetts [Mr. FRANK] will The Post went on to observe that mental Relations for— each control 20 minutes. ‘‘commissions can play the useful role (A) a thorough review and cataloging of all The Chair recognizes the gentleman of bringing to national attention issues applicable Federal, State, local, and Native from Illinois [Mr. HYDE]. that were previously submerged or de- American tribal laws, regulations, and ordi- Mr. HYDE. Mr. Speaker, I yield my- nances that pertain to gambling in the United bated in fragmentary ways.’’ self such time as I may consume. After passage of H.R. 497 in the States; and (Mr. HYDE asked and was given per- (B) assistance in conducting the studies re- House, some in the gambling industry quired by the Commission under section 4(a), mission to revise and extend his re- continued to have concerns about this and in particular the review and assessments re- marks.) bill, particularly with respect to the quired in subparagraphs (A), (B), and (E) of Mr. HYDE. Mr. Speaker, today we subpoena power. Congressman WOLF paragraph (2) of such section. consider the Senate amendment to the and I worked many hours with Senator (2) REPORT REQUIRED.—The contract entered National Gambling Impact and Policy STEVENS, Senator LUGAR, Senator into under paragraph (1) shall require that the Commission Act (H.R. 497). H.R. 497 SIMON, and other members of the Gov- Advisory Commission on Intergovernmental Re- creates a temporary, 2-year national ernmental Affairs Committee in the lations submit a report to the Commission detail- commission to study the economic and ing the results of its efforts under the contract other body and the interested outside no later than 15 months after the date upon social impact of gambling in our coun- groups to try to resolve these concerns. which the Commission first meets. try. The Commission will conduct a After lengthy negotiations, we came to (b) NATIONAL RESEARCH COUNCIL.— study and make recommendations—it the resolution embodied in the Senate (1) IN GENERAL.—In carrying out its duties will not have any power to regulate the amendment to H.R. 497. Although nei- under section 4, the Commission shall contract gambling industry in any way. ther side got everything that it want- with the National Research Council of the Na- At the outset, I want to give special ed, I am satisfied that we have reached tional Academy of Sciences for assistance in recognition to our colleague and my conducting the studies required by the Commis- a reasonable compromise. The final good friend, Congressman FRANK WOLF sion under section 4(a), and in particular the work product will allow the Commis- assessment required under subparagraph (C) of of Virginia. This much-needed measure sion to conduct its study, while, at the paragraph (2) of such section. is here today largely because of his ad- same time, it allays the fears of those (2) REPORT REQUIRED.—The contract entered vocacy and persistence. Congressman who thought the subpoena power would into under paragraph (1) shall require that the WOLF has identified a very important be overly intrusive. National Research Council submit a report to public policy issue and he deserves high These negotiations have only rein- the Commission detailing the results of its ef- praise for his efforts. I also want to forced my view that it is a particularly forts under the contract no later than 15 months recognize the herculean efforts of Mr. after the date upon which the Commission first good time to have a balanced, impar- WOLF’s outstanding staffer, Will meets. tial, and comprehensive look at wheth- (c) OTHER ORGANIZATIONS.—Nothing in this Moschella. During the pendency of this er or not the phenomenal growth of section shall be construed to limit the ability of bill, Mr. Moschella has not only been of gambling is good for this country. Cur- the Commission to enter into contracts with invaluable assistance in its passage, rently, 48 States allow some form of le- other entities or organizations for research nec- but he has also graduated from law galized gambling. We have State-con- essary to carry out the Commission’s duties school, passed the bar exam, and got- ducted lotteries, riverboat gambling, under section 4. ten married. Indian gambling, and casino gambling. SEC. 8. DEFINITIONS. When H.R. 497 passed the House on We need to know the implications of For the purposes of this Act: March 5, 1996, I pointed out the exten- this growth. Just before House passage (1) GAMBLING.—The term ‘‘gambling’’ means sive record that supports this legisla- any legalized form of wagering or betting con- of this bill, the Washington Post de- ducted in a casino, on a riverboat, on an Indian tion. On September 29, 1995, the full Ju- scribed the explosive growth of gam- reservation, or at any other location under the diciary Committee held a hearing on bling: jurisdiction of the United States. Such term in- H.R. 497. At that time, we heard from What had been a mob-infested vice has be- cludes any casino game, parimutuel betting, 15 witnesses, including 8 Members of come state-approved fun—a new national sports-related betting, lottery, pull-tab game, Congress. Subsequent to our hearing, pastime. While 70 million people attend pro- slot machine, any type of video gaming, comput- the committee received 15 additional fessional baseball games each year, 125 mil- erized wagering or betting activities (including statements for the record from other lion go to government-sanctioned casinos. any such activity conducted over the Internet), interested organizations and individ- Adults now spend more money gambling and philanthropic or charitable gaming activi- uals. than they spend on children’s durable toys. ties. Three times more pilgrims from around the (2) NATIVE AMERICAN TRIBAL GOVERNMENT.— During our hearing, we heard vir- world visit the pyramid-shaped Luxor Hotel The term ‘‘Native American tribal government’’ tually every point of view on gambling in Las Vegas than visit Egypt. Casinos rake means an Indian tribe, as defined under section and its effects. For example, we had in more profits than movie houses and thea- 4(5) of the Indian Gaming Regulatory Act of testimony on the problem of compul- ters and all live concerts combined. 1988 (25 U.S.C. 2703(5)). sive gambling. We also heard from a The Washington Post, March 3, 1996, (3) STATE.—The term ‘‘State’’ means each of university professor focusing on the the several States of the United States, the Dis- at A1. trict of Columbia, the Commonwealth of Puerto economic aspects of gambling—for ex- This expansion of legalized gambling Rico, the Virgin Islands, Guam, American ample, job creation by gambling enter- has undoubtedly had negative effects. Samoa, and the Commonwealth of the Northern prises, gambling’s impact on tourism, For example, many opportunities to Mariana Islands. and gambling’s impact on State and gamble are now available to minors SEC. 9. AUTHORIZATION OF APPROPRIATIONS. local government revenue. We also who are not ready to make a mature (a) IN GENERAL.—There are authorized to be heard testimony from the chairman of judgment about this kind of activity. appropriated to the Commission, the Advisory the National Indian Gaming Associa- Also, compulsive gamblers frequently Commission on Intergovernmental Relations, tion who documented how the emer- have a negative, sometimes tragic, im- and the National Academy of Sciences such gence of an Indian gambling industry pact on their families. sums as may be necessary to carry out the pur- in recent years has had a positive im- The traditional linkage between poses of this Act. Any sums appropriated shall remain available, without fiscal year limitation, pact on employment, economic devel- gambling and crime also concerns me. until expended. opment, and overall self-sufficiency for To give just one example, a GAO report (b) LIMITATION.—No payment may be made Indian tribes. Still others testified re- issued in January concluded that ‘‘the under section 6 or 7 of this Act except to the ex- garding the relationship between gam- proliferation of casinos, together with H8038 CONGRESSIONAL RECORD — HOUSE July 22, 1996 the rapid growth of the amounts wa- mission subpoena. However, it does Finally, the Senate amendment con- gered, may make these operations allow the Department to notify the tains the requirement from the House- highly vulnerable to money launder- Commission if the Commission’s sub- passed version of an advance appropria- ing.’’ As gambling continues to spread, poena has the potential to interfere tion before any money can be spent. these negative effects and others with a pending investigation. This language prevents the various au- spread with it. The subpoena power provision states thorizing provisions for salaries and ex- In addition, H.R. 497 will address the that the Commission may issue a sub- pense reimbursement from being con- lack of reliable information about the poena if a person fails to supply infor- strued as entitlements. effects of gambling. We need better sci- mation requested by the Commission. Although I preferred the subpoena entific and behavioral data concerning This phrase is intended to encourage provisions that were contained in the gambling. Because of the lack of hard the Commission to begin with vol- House-passed version, I believe the information, State and local policy- untary requests for information. How- compromise reached in the Senate makers, who are considering the legal- ever, it is not intended to provide any amendment is a reasonable and fair ization of gambling, may often be mis- legal basis to challenge a subpoena is- one. I further believe that this solution led by exaggerated claims about the sued by the Commission. is politically realistic, given the short If, after receiving documents, the positive effects of gambling and the time left in this Congress. Overall, the Commission requires further informa- prospects for painless revenue genera- bill is balanced, comprehensive, and tion necessary to understand the docu- tion. Last December, a Maryland State fair. ments, it may ask written questions or study commission concluded: I appreciate the contributions of Sen- take a deposition on the documents. ator LUGAR, Senator SIMON, Senator The Maryland Congressional delegation Whether there will be written ques- STEVENS, the other members of the should support the immediate creation of a tions or a deposition is at the option of national commission to study issues related Governmental Affairs Committee of to commercial gaming and should rec- the recipient. The phrase ‘‘necessary to the other body, and the many members ommend that the commission complete its understand’’ should be read broadly to of the interested outside groups who work within one year. include questions about how a docu- have made this bill possible. I want to States are unable to confidently make de- ment was developed, who wrote it, and thank the members of the House Judi- cisions about casino gaming because of com- other similar matters of context. ciary Committee who took a particular petitive concerns about the decisions of their Finally, the Senate amendment pro- interest in this legislation in commit- neighbors and because of the inadequate data vides that the Commission may not re- and analysis available to them. The Task tee—Congressmen HOKE, BONO, lease, except to its employees and con- GALLEGLY, and SCHIFF. I appreciate the Force believes that the proposed national tractors, any nonpublic information it commission on gambling currently being cooperation of Chairman YOUNG of the considered by Congress, could make a sig- receives unless it is ordered to do so by House Resources Committee for his co- nificant contribution to public policy devel- a court or unless the information is re- operation during House consideration opment. leased in an aggregate or summary of this bill. Finally, I want especially Final report of the Joint Executive- form that does not reveal the identity to thank Majority Leader TRENT LOTT Legislative Task Force to Study Com- of any person or business and does not for allowing this bill to come to the mercial Activities in Maryland, De- reveal any information protected under floor. I know that he had personal con- cember 1995. 18 U.S.C. 1905—that is, trade secret and cerns about it, and I appreciate his set- I have listened to the critics of H.R. proprietary information. These privacy ting those aside and allowing the other 497 during this process—during Judici- protections in section 5(d) are not in- body to work its will. tended to limit in any way the Com- ary Committee consideration, during I have discussed the various changes mission’s ability, and indeed, its re- House consideration, and during our contained in the Senate amendment sponsibility, to make criminal refer- negotiations with the other body. They with Congressman WOLF, and he has in- rals to appropriate prosecuting au- have made some good arguments, and dicated his full support for concurring thorities if it discovers evidence of when they have, we have worked hard in the Senate amendment so that this criminal activity. In addition, the pri- to address those issues. In my state- bill can become law this year. vacy protections of section 5(d) apply ment during the debate on House pas- I urge my colleagues to concur in the only to information that the Commis- sage of this bill, I described the many Senate amendment to H.R. 497 and sion has already received. They do not changes we made in the bill during Ju- send this important piece of legislation in any way limit the scope of the infor- on to enactment. diciary Committee consideration. I will mation that the Commission may seek. not repeat that discussion here, but I Before concluding, I also want to The Senate amendment adds a sec- thank Joseph Gibson of our Judiciary would like to describe briefly the most tion 7 that was not included in the important ways in which the Senate Committee staff for his outstanding House-passed version. This section re- work on H.R. 497. Joseph’s excellent amendment differs from H.R. 497 as quires the Commission to contract passed by the House. legal work and sound judgment were with the Advisory Commission on pivotal in resolving many difficult is- Both versions contain a list of mat- Intergovernmental Relations and the ters to be studied. The Senate amend- sues on this complicated matter. I National Research Council for assist- commend him for a job very well done. ment compresses the list that was in ance with conducting certain aspects of the House-passed version, but it gen- the study. The Advisory Commission of b 1215 erally covers the same topics. In addi- Intergovernmental Relations will as- Mr. Speaker, I reserve the balance of tion, the Senate amendment makes sist in cataloging all of the various my time. clear that the items listed are only the laws and regulations governing gam- Mr. FRANK of Massachusetts. Mr. items that the Commission must, at a bling. The National Research Council Speaker, I yield myself such time as I minimum, study. This list does not in will assist in assessing problem gam- may consume. any way limit other topics that the bling. This innovative addition will Mr. Speaker, I am fascinated by this Commission may choose to study. both reduce the costs of the Commis- piece of legislation. It is an act of repu- The House-passed version gave the sion and take advantage of expertise diation of several of the principles that Commission broad subpoena powers for that already exists within the Govern- the majority has said it was governed both witnesses and documents. The ment. by. In some cases I am glad to see the Senate amendment narrows this power. The Senate amendment also adds a repudiation because I was not too crazy Under the Senate amendment, the definition section that was not in- about the principles; in other cases I Commission still has broad authority cluded in the House-passed version. I like the principles and I am sorry to to subpoena documents. However, the want to note that the definition of see them eroded. Commission must first vote to issue State has the effect of including the But let us look at what this bill does. the subpoena and give the Department U.S. territories within the study. The The expansion of gambling has on the of Justice 10 days notice. The notice Representatives of the territories re- whole been a matter of decisions by the provision does not in any way allow quested that they be included during States. It is true that there is a Fed- the Department to veto or stop a Com- debate on the House floor. eral statute which grants the rights of July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8039 Indian tribes, in return for their having the premises are that the States are A lot of older people rent buses and given up rights to property, by the not doing a good enough job and the go to various casinos because this is a way. The Indian tribes did not get this Federal Government must come to form of recreation for them, and they right to conduct gambling one-sidedly. their aid, that they are uninformed in get together, they get on the bus, they They gave up, as a result of this act, some cases. We have to have a study so go down, they gamble, they like it. some substantial property claims. they will not be misled by bad informa- These are not stupid people. None of But Indian gambling is only a part of tion. They are coerced and cir- them are unaware of the odds. None of what is being studied here. If this is a cumscribed by competitive pressures, I them think they are going to be rich bill to study and look at the Indian agree. overnight. Gaming Act, it would have been a dif- Now I have long felt that this body A percentage of people, a small per- ferent story. It would have come out of has very few people in it who are con- centage, it is true, abuse this. They a different committee. Much of the im- scientiously and thoroughly dedicated have an obsessive problem. There are petus for this comes from the feeling of to the proposition that we should al- people who have obsessive problems the Members of Congress, apparently ways prefer States’ rights or always about drinking, about eating, about very much on the majority side, too, prefer Federal rights. In fact, I believe doing a lot of things. A rational society that we cannot trust State and local the overwhelming majority of Members which honors the choices that individ- officials to make good decisions with- believe that decisions should be made uals make with the money they earn out our supervision. at that level of government where they themselves provides programs to deal I have to say I think the chairman of are most likely to agree with the out- with the obsessive problem but does the committee has been very respon- come. When it comes to some things, not try to restrict other adults from sible and has helped improve the bill. It some people are for States’ rights, and doing that. is a better bill than before. But even in when it comes to other things, other But again, permeating this is this no- his own comments, for instance, he people are for State’s rights. tion that people really cannot be trust- said, I noted here, that we need to do a I do not think that is hypocritical or ed to make these decisions. So much study because currently State and inconsistent at all, because one needs for the theoretical framework of local policymakers are often misled. not have a preference for one or the States’ rights. So much for this notion Well, I have tended to believe that other. The error, it seems to me, is to that we will let individuals make their myself. I have felt that there were assert a preference when one does not own choices. The Federal Government times when State and local policy- really exist. I think this shows when is going to have to restrain people from makers would be misled and the Fed- people think the States have been doing this. eral Government should intervene to given too much gambling, and that is Then we get into the question of fis- try and prevent that. I had not ex- clearly what we are talking about. cal responsibility. Now, this bill is not pected to find such enthusiastic and People here think, on the majority going to cost a lot of money, but what- overwhelming support from the Repub- side as well as the minority side, Re- ever it is going to cost is extra money publicans as well as Democrats, that lican side, so I am glad to have it. that we do not need to spend. There I hope people will, when they read the States, ill-informed as they often will be nine commissioners here. I these remarks in the RECORD, go up a are apparently, subject to competitive guess they will be called commis- column or two to the distinguished pressures, are not making the right de- sioners; I do not know. Maybe they will chairman. Let us get the point here: cisions, so we, the Federal Govern- be called moral censors, whatever they State and local policymakers are often ment, will try to extend a restraining will be called, the nine elders who will misled, but do not worry, State and influence and not in this bill by any stop the States from being mis- local policymakers, the Federal Gov- legislation yet, but it certainly seems informed and keep the people from un- ernment here comes riding to your res- to me that we are laying the predicate wisely spending their own money. cue. for some legislation. So here we will keep State and local That is one principle, the principle They will be compensated at the an- policymakers from being misled as before States rights. So much for the nual rate of $104,000 a year plus per often, and it is not simply a case of States’ ability to do what they want. diems if they go to meetings. There are their being misled. I was particularly Let us talk about the next one, and nine of them. It is a 2-year deal. I do pleased when the chairman said that that is the right of individuals to make not know how often they are going to one of the problems States face, and I their own decisions with their own meet. They have incentives, obviously, quite seriously agree with him on this money, because clearly what is most to meet a lot. They have an executive one, and I am glad to have his affirma- driving this is the notion that we can- director who gets $114,000 a year. They tion of it because it is a central policy not trust the American people to make are going to pay witness fees. They point, he said the problem is when their own decisions, because there are were going to go around and have States go to make decisions, they are people here who believe that individ- meetings. Clearly several million dol- sometimes unable to make the deci- uals who work hard for their money go lars will be spent here. sions they might like because of com- out and gamble too much. One of the mistakes the people on the petitive pressures from other States. I do not doubt people gamble too Democratic side have made in the past That is a profoundly important point. much. I do not doubt that a lot of peo- is to talk as if several million dollars We live in one national economy in ple do a lot of things too much. I had of Federal money is not a serious ex- which a State’s desire to make certain not thought it was the role of this Fed- penditure. Of course it is. Of course decisions can be circumscribed by com- eral Government to start making those when we spend several million dollars petitive effects. That is true with gam- individual choices for people. of public money, particularly when we bling. It is true with minimum wage. It We have State decisions to allow pri- are in a deficit situation, that is a is true with the level of medical care vate businesses in many, many States problem. we provide for the poor. It is true with to set up places where individuals can Why, then, is the Federal Govern- environmental protections. Indeed, I voluntarily go and pay their money for ment about to spend millions of dol- believe it is truer with regard to these gambling. In fact, I have had people lars, and by the way, the legislation is economic issues. say, ‘‘Well, you know, it is terrible be- silent on the amount. There is no cap So once again, I am glad to have the cause it just teaches them to get rich.’’ here. It authorizes ‘‘such sums.’’ That chairman articulate and the majority I have talked a lot about gambling. I is because I think in part some people overwhelmingly about to vote in both have a proposal for an Indian casino in did not want to limit the amount. I had branches to establish the principle the district I represent, overwhelm- proposed some amendments in commit- that, given the competitive pressures ingly supported by the people there, in- tee to try and limit the amount. It is that exist on the States in this one na- cluding the working people who want not limited to $2 million or $5 million tional economy, Federal intervention to get jobs there, and I have talked to or $10 million. is sometimes called for. a lot of people about gambling. Most of Theoretically, the nine commis- Now, it is true this does not, in and them do not think they are going to sioners, if they meet a lot, could make, of itself, impose a Federal policy. But get rich. They enjoy it. each of them, close to $100,000 a year on H8040 CONGRESSIONAL RECORD — HOUSE July 22, 1996 a 2-year basis; the executive director, Mr. Speaker, I reserve the balance of attendant to it. Industry spokesmen the other staff, transcripts, travel, wit- my time. claim that the days of Bugsy Segal and ness fees. So we are talking millions of Mr. HYDE. Mr. Speaker, I yield 5 Joseph Bonano are behind it. The in- dollars. minutes to the distinguished gen- dustry, they claim, is composed of law b 1230 tleman from Virginia [Mr. WOLF]. abiding companies which report to (Mr. WOLF asked and was given per- stockholders instead of organized So here is what we have: An area mission to revise and extend his re- criminal enterprises. The industry, where the States are on the whole com- marks.) more than any other, however, has petent to legislate constitutionally, Mr. WOLF. Mr. Speaker, I would like been connected to unprecedented levels and again, if we were talking about In- to take a moment to recognize the dili- of political corruption in recent years. dian gaming this would be a different gent efforts of the gentleman from Illi- The confluence of money, politics, and story, but this goes far beyond Indian nois [Mr. HYDE], the chairman of the power has wreaked havoc in many gambling. That is a Federal respon- House Committee on the Judiciary, States and local jurisdictions. sibility. This deals with State and and to personally thank him for his Mr. Speaker, I support the legislation local, and there have been efforts to very effective efforts on this and so before the body because it is a serious focus on State and local. many other things, from aiding the effort to study the issue of gambling in In fact, the gentleman from Illinois Contras to bring democracy to Nica- the United States. In some respects the read a quote from the Washington ragua to many of the other things on Senate amendment changed it, but it Post, and the Washington Post re- which he has taken the leadership on porter seemed to be upset that more was a good compromise. this floor, and I appreciate it very Mr. Speaker, I am going to watch the people went to see the pyramids in Ne- much. I also appreciate his very able progress of the commission carefully to vada then went to see the pyramids in staff for helping guide this legislation make sure that the commission does Egypt. Now, I have to say it would through the legislative process. It was its work in a nonpartisan and objective have seemed to me, according to good a pleasure working with the gentleman way. We will follow its progress to Republican principles of limited Gov- to bring this bipartisan bill here. make sure the job that Congress has ernment, not the slightest business of The chairman should be pleased, as I anybody here that more people wanted delegated to it is performed in a profes- know he is, with the work of Joseph to see the pyramids in Nevada than the sional and effective manner. I will also Gibson of his staff who worked hand in pyramids in Egypt. What, are we in monitor the amount of lobbying pres- glove with my staff to move this legis- charge of which pyramids people see? sure to which the commission is sub- lation through the House. Are we now doing the cultural advice jected. The chief sponsors of the Senate leg- I believe the legislation before us for people? ‘‘Oh, no, you cannot go look islation also deserve great support for gives the commission all the powers at those pyramids, they are too gaudy. their effort in the Senate. Senators Go look at the other pyramids.’’ and tools that it needs. In closing, I I do not think we should be in the SIMON and LUGAR worked tirelessly to again want to thank the staff that has pyramid picking business. I do not bring it up. I also appreciate the work done such an effective job, Senator think we should be spending several of Senator COATS, Senator STEVENS, LOTT on the Senate side and the Sen- million dollars of Government funds and Senator GLENN, the chairman and ators that I mentioned, my staff and because the Washington Post does not ranking member respectively of the the staff of the gentleman from Illi- like which pyramids people go to see. Committee on Governmental Affairs. I nois, Mr. HYDE, Joseph Gibson and oth- That is what this is about. That is also want to thank Senators ers, and, last, the chairman. I want what motivates this. LIEBERMAN, MCCAIN, THOMPSON, and him to know that I know the pressure So while I am glad to see the Repub- WARNER for their help in moving the and I know what has gone on around lican Party backing away from this bill. here, and he should know I am eter- rigid States rights principle, acknowl- I also want to acknowledge, as the nally grateful. I am still young enough edging that competitive pressures can gentleman from Illinois [Mr. HYDE] did, to have heroes, and he is one of the drive the States, acknowledging the the work of the members of my staff, three or four people around here who is States might be misinformed and need just about all of whom have assisted one of my heroes. more Federal help, while I am glad to with some aspect of this legislation. I thank the gentleman from Illinois for yield- see they think sometimes the Federal Particularly, I appreciate the team- ing time to me. At this point, Mr. Speaker, I Government must come to the aid of work of William Moschella, my senior ask unanimous consent to revise and extend individuals, although I disagree with legislative assistant and counsel, and my remarks and include therein extraneous the degree of intervention here, I would David Whitestone, who serves as my materials. hope they would hold to a more lib- press secretary. Mr. Speaker, as the original sponsor of leg- ertarian principle and in general not Mr. Speaker, the establishment of islation establishing a national commission to use the fact that people pick the wrong the National Gambling Impact Study study the social, economic, and legal impact pyramids as the basis for spending mil- Commission is essential to the Nation’s of gambling, I rise in strong support of H.R. lions of dollars, and I wish we would understanding of what the incredible 497, the Gambling Impact Study Commission not find new ways to spend Federal expansion of gambling in America Act. As gambling proliferates in casinos, on money. means to our everyday lives. News- riverboats, on Indian reservations, dog and This is several million dollars new to paper and editorial writers around the horse tracks and elsewhere, problems such as the Federal Government, not spent be- country almost daily chronicle the crime, political corruption, cannibalization of fore. So I am against this bill. I think tragic stories of people addicted to existing businesses, gambling addiction, family it is a bad idea. I believe that while gambling. Compulsive and pathological breakups, and suicide are a growing and un- people might want to look at the In- gamblers often commit suicide, pros- fortunate consequence. This legislation will dian Gaming Act alone, to go into the titute themselves, resort to robbery, create an unbiased, bipartisan nine-member whole area of States and local spending burglary, larceny, and embezzlement to commission to finally take a comprehensive and to decide that what we really need fuel their habit. look at these problems. is a federally funded study costing mil- Gambling has been known to lit- I would like to take a moment to recognize lions of dollars, which subpoena power erally destroy families. I have received the diligent efforts of the chairman of the to go around and essentially tell the calls and letters from around the coun- House Judiciary Committee and his able staff States they are doing a bad job of regu- try relating the sad dramas associated in guiding this legislation through the legisla- lating gambling, to tell the American with compulsive gambling. The gam- tive process. It was a pleasure working with people they are going to look at the bling industry has not taken seriously Chairman HYDE in bringing this bipartisan bill wrong pyramids and not spending their the magnitude of the problem, or it has to the floor. The chairman should be pleased own money wisely, that is not a very been trying to sweep it under the rug. with the work done by Joseph Gibson of his good idea and I think the time of the One of the most startling and unfor- staff who worked hand in glove with my staff Congress and the money of the Federal tunate consequences of gambling has to move this legislation through the House. Government could be better used. been the amount of public corruption They spent many hours assisting, consulting, July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8041 and meeting with Senate staff to iron out any that should give policy makers and voters dustry spokesmen claim that the days of differences or concerns that there may have much to think about as the state considers Bugsy Segal and Joseph Bonano are behind been. the future of gambling here. it. The industry, they claim, is composed of Last Wednesday, July 17, the full Senate A team of researchers led by Louisiana State University professors Jim Westphal law abiding companies which report to stock- passed by unanimous consent H.R. 497 with and Kenneth Miller conducted telephone sur- holders instead of organized criminal enter- an amendment. Despite public pronounce- veys last fall in an effort to find out how prises. The industry, more than any other, ments of the gambling industry in support of often people gamble, what their favorite however, has been connected to unprece- an unbiased study, tremendous lobbying pres- games are and how much money they spent. dented levels of political corruption in recent sure was brought to bear on Senators to kill The researchers also tried to determine peo- years. The confluence of money, politics, and or gut this bill. It is a tribute to this deliberative ple’s ability to control their gambling and power has wreaked havoc in many State and body in the world that such pressures, which its effect on their lives. local jurisdictions. Louisiana, for example, has clearly represented the opposition of a small The results, released this week by the De- partment of Health and Hospitals, indicate been rocked by political scandal and more in- but powerful minority, were not able to thwart that Louisiana residents aren’t handling dictments are on the way. I have included a the will of the vast majority of the Congress gambling too well, particularly young gam- recent Associated Press story which ran in the and American people. I would like to publicly blers. One in seven Louisiana residents, 18 to Times Picayune regarding the indictments for thank Senate majority leader TRENT LOTT who, 21, are compulsive gamblers. What’s more, the RECORD. notwithstanding some concerns he had about Louisiana’s young gambling addicts are in [From the New Orleans Times Picayune, the legislation, exerted great leadership in worse shape than in other states studied, July 15, 1996] bringing H.R. 497 to a vote in the Senate. He spending twice as much a month on gam- BIG NAMES INDICTED, GAMING TASK FORCE bling as their counterparts elsewhere. Com- is a man of his word, a man of honor and in- SAYS pulsive gambling among young people here is (By The Associated Press) tegrity. triple that of adults and is second only to al- The chief sponsors of the Senate legislation cohol abuse for that age group. SHREVEPORT—The dice are about to come also deserve great credit for making this legis- The study showed that 182,000 up snake eyes for 15 to 20 people, including lation a reality. Senator SIMON and Senator Louisianans—more than 4 percent of the pop- some big names, say people in the task force investigating gambling corruption in Louisi- LUGAR worked tirelessly to forge consensus ulation—have gambling habits that range from moderate to severe and as many as ana. and bring this legislation up despite a packed ‘‘Within the next two weeks you will see 57,000 of them have addictions that could be Senate floor schedule. I also appreciate the big numbers of arrests,’’ said Capt. Ed classified as pathological. work of Senator COATS who helped move the Kuhnert, State Police coordinator of the ‘‘That’s enough people to fill Tiger Sta- task force of Louisiana State Police and FBI process along. Senators STEVENS and GLENN, dium,’’ said Gov. Foster, who said that he agents. chairman and ranking member respectively of will support legislation to curb gambling ad- Indictments have been prepared and are the Senate Government Affairs Committee, diction, particularly among the young. being reviewed by federal prosecutors, said deserve congratulations for working together, Researchers were limited by the lack of Rick Dill, FBI agent-in-charge in New Orle- studies in other states, despite the nation- listening to various points of view, and forging ans. ahead with a viable plan. I also commend the wide gambling boom. They could compare Task force officials said the yearlong un- efforts and support of Senators LIEBERMAN, Louisiana only to six other states, Montana, dercover investigation is expected to produce North and South Dakota, Texas, Washington MCCAIN, THOMPSON, and WARNER for their charges against and arrests of some promi- and Georgia. But that data indicated that help in moving this legislation in the right di- nent people. pathological gamblers in Louisiana are in Last August, FBI wiretap transcripts were rection. more trouble, spending almost twice the There are many Senate staffers who had filed in open court as part of requests to sub- monthly average on their habit, $660 com- poena records from lawmakers and people something to do with moving this bill along pared to $300. connected with Louisiana’s gambling busi- and I appreciate all of their efforts. I would like Researchers who did the study believe that ness. to publicly thank a few, namely Bob Healey, the reason is availability. Louisiana, with its That meant the end of the long political Michael Stevenson, Kyle McSlarrow, David 12 riverboat casinos and 15,500 video poker careers of two prominent state senators Crane, Sebastian O'Kelly, Christine Ciccone, machines, has a gambling site every 6.2 named as taking money from gambling in- and Earl Comstock for all they did to make square miles. terests, although they weren’t indicted. This study should raise serious questions Larry Bankston, D–Port Hudson, Chairman this legislation a reality. about the proliferation of gambling and, in of the Senate committee overseeing gam- Finally, I want to acknowledge the tireless particular, its effect on young people. Legis- bling, dropped out of a re-election campaign; work of the members of my staff, just about all lators and other state officials will have to B.B. ‘‘Sixty’’ Rayburn, D–Bogalusa, was de- of whom have assisted with some aspect of weigh the social cost of bring up a crop of feated. this legislation at some time during the last 2 gambling addicts, particularly since experts Sources close to the probe said indictments years. Particularly, I appreciate the teamwork say that most pathological gamblers begin are imminent, The Times of Shreveport re- of William Moschella, my senior legislative as- their habit in adolescence. ported Sunday. The conviction this past week of former sistant and counsel, and David Whitestone The study is already prompting legislators such as Sen. Jay Dardenne, R-Baton Rouge, state Alcohol Beverage Commission head who serves as my press secretary. to say that a law should be passed making 21 Ray Holloway is the latest in a long string of Mr. Speaker, establishment of the National the legal limit for gambling. That is now cases made by the task force on gambling. Gambling Impact Study Commission is essen- true only for casino gambling. Sen. Holloway was found guilty of aiding an il- tial to the Nation's understanding of what the Dardenne, who sponsored the resolution call- legal gambling business and obstructing jus- incredible expansion of gambling in America ing for the study, said that he also wants to tice. He resigned his job in the Caddo Parish means to our everyday lives. Newspapers and push to have gambling prevention made part purchasing department after his federal case editorial writers around the country almost of the school curriculum. became public earlier this year. As Louisiana begins to grapple with the The task force, with offices in New Orle- daily chronicle the tragic stories of persons ad- ans, Baton Rouge and Shreveport, has been dicted to gambling. Compulsive and patholog- question of gambling, particularly the elec- tion on local option this fall, the problem of successful over the past two years. ical gamblers often commit suicide, prostitute gambling addiction deserves attention. The most prominent case was the FBI’s in- themselves, and resort to robbery, burglary, The researchers’ experience show that too filtration of the New Orleans organized larceny, and embezzlement to fuel their habits. many states, Louisiana included, have crime family, the top echelon of which went Gambling has been known to literally de- rushed headlong into legalized gambling down with 24 defendants in Operation without really knowing the social cost. This Hardcrust. stroy families. I have received calls and letters FBI agents, investigating a suspected study provides some much needed and timely from around the country relating the sad dram- bookmaking operation at a New Orleans deli, insight. as associated with compulsive gambling. I picked up conversations indicating three La have included an editorial from the Times Pic- The gambling industry has not yet realized Cosa Nostra families—the rekindled ayune regarding the almost epidemic prob- the magnitude of the problem or has been Marcello family of New Orleans and the lems of compulsive gambling among Louisi- sweeping it under the rug. This issue can no Gambino and Genovese families of New ana's young people. longer be ignored and this commission will York—were infiltrating Louisiana’s video poker industry. [From the New Orleans Times Picayune, help us understand the problem so that it may Twenty-one defendants pleaded guilty. The July 14, 1996] be addressed. three who went to trial were convicted on all GAMBLING AND YOUNG PEOPLE On of the most startling and unfortunate counts. Louisiana’s first study of the effects of consequences of gambling has been the Operation Hardcrust awed federal law en- gambling shows some disturbing statistics amount of public corruption attendant to it. In- forcement authorities ‘‘because it involved, H8042 CONGRESSIONAL RECORD — HOUSE July 22, 1996 literally, the dismantling, through criminal promises, and I applaud the Senate for break- have been reached where this is a national indictment, of the entire upper echelons of ing the gridlock and moving H.R. 497 this far. problem. the New Orleans Mafia family,’’ First Assist- I believe, for example, that the section in the And so, perhaps, is casino gambling. The unavoidable dangers to the public interest in ant U.S. Attorney Jim Littin of New Orleans bill on subpoena power is one such political said. ‘‘As a result of that, we deem it the installing casino gambling in metropolitan most significant organized crime prosecution compromise. It is adequate but not perfect. It areas are too obvious to ignore, and the 1972– in the state of Louisiana.’’ was drafted, not with an eye toward technical 1976 Commission recommended that this be The U.S. Justice Department considers the perfection, but rather it was drafted to forge permitted ‘‘only in rare instances and ex- task force an extremely successful oper- political compromise and consensusÐsome- traordinary circumstances.’’ Another in- ation, Littin said. thing that Congress does daily. depth study is certainly now called for, and ‘‘This task force’s penetration of the re- Mr. Speaker, as I have already mentioned, I believe the results will be shocking. The emergence of a dormant organized-crime I would have drafted some provisions of this billions of dollars flowing across crap, rou- family was beyond a lot of people’s imagina- legislation differently. I also mentioned that lette and blackjack tables is not coming tion even a few years ago,’’ he said. some provisions of the Senate amendment from people who can afford to lose. The so- Dill said, the task force has been successful cial cost of this phenomenon will be meas- because ‘‘it is a melding of talent.’’ were drafted to achieve political consensus ured in human suffering, broken homes, offi- The State Police investigators are ‘‘very and compromise. For example, I believe the cial corruption and crime, and it is only the good, the cream of the crop. They know the rewrite of the House subpoena power lan- extent of this that is open to question. gambling laws in and out,’’ Dill said. guage was unnecessary and was done to I note that although there is nearly unani- FBI agents bring investigative expertise ease an irrational fear that the Commission mous lip service paid to the need for a new and federal fraud laws. would conduct a witch hunt. This would not gambling commission, the major issue is ‘‘The combination of the two brings re- happen and such discussion was a diversion whether or not the Commission should have sults,’’ Dill said. from the real issues such as underage gam- subpoena power to compel testimony and the Since Gov. Foster appointed Col. Rutt production of documents. Obviously such a Whittington to head the State Police, troop- bling and political corruption. I have included Commission is meaningless without this er cooperation has gone up, Dill said. for the RECORD a letter from the chairman of power, at least to the extent necessary to ‘‘If I need 20 troopers to help in a search, the Commission on the Review of the National fulfill its stated purpose. The 1972–1976 Com- they’re there,’’ he said. Policy Toward Gambling which bears this mission had subpoena power and, because of Another reason for the success of the team point out. that, we never had to use it—in other words, is its dedication to rooting out corruption, WASHINGTON, DC, when you have the power you will get co- Kuhnert said. May 7, 1996. operation. Obviously, the power need not be ‘‘We have put together a small group of Hon. FRANK R. WOLF, unrestricted and Congress may see fit to pro- people who are very intense, very dedicated CHOB, vide safeguards against its abuse and, if the and very qualified,’’ he said. ‘‘We’re actually Washington, DC. power were to be abused and there were non- just getting started.’’ DEAR CONGRESSMAN WOLF: As you know, I compliance, the Commission would be forced The legitimate gambling industry wel- served as Chairman of the Commission on into court to compel compliance—something comes the scrutiny because it increases pub- the Review of the National Policy Toward it would be most reluctant to do. On the lic confidence, said Anthony Sanfilippo, gen- Gambling for the four years of its existence other hand, if it were used legitimately, it eral manager of Harrah’s Casino Shreveport. (‘‘the 1972–1976 Commission’’), whose Report would mean that information had been with- ‘‘It’s important that investigations reveal was filed with the President and the Con- held for a reason—which is why you must any type of inappropriate behavior,’’ he said. gress on October 15, 1976. I have previously have the power! And in the normal instance, Despite the task force’s success, however, provided your office with a copy of this Re- as we found out from our years of experience, its members won’t say they have rid Louisi- port and its accompanying addenda (‘‘the the knowledge that we had the power and ana’s gambling industry of corruption. 1976 Report’’). would not hesitate to use it provided all the ‘‘The legal gambling industry is itself a I have had, as you might suspect, a greater persuasion we needed. I suppose the specter magnet for corruption and organized crime,’’ than normal interest in the progress of gam- of a ‘‘rogue’’ Commission strewing subpoenas Littin said. bling in the United States over the ensuing throughout the land has been cited as being He said investigators believe organized decades, and especially during the past five intolerable, but the very fact that member- crime gets nearly all its money from gam- of six years which have witnessed a worri- ship on the Commission is bipartisan and bling, legal and illegal. some proliferation of casino openings, often dictated by Congress, and that a subpoena ‘‘We can never rest assured at any point under the shelter of Indian tribal ownership. presumably would have to be authorized in that we have rooted (out) all the corrup- I have followed your own efforts to create a each instance by the members of the Com- tion,’’ he said. ‘‘It is a dicey industry to fool new gambling commission to once more look mission negates the possibility of this hap- with.’’ into what has become a major growth indus- pening. All this would seem to lead to the In the early 1970's Congress was con- try. I agree with you completely, and I am conclusion that the opponents of the any cerned about problems related to gambling, taking the liberty of adding some additional power of subpoena do, in fact, have some- and it established a commission similar to the thoughts, which I emphasize are purely per- thing to conceal, which again leads to the one Congress is within minutes of creating. sonal opinions and do not necessarily reflect decision that it is indeed necessary. the opinions of anyone in my former law Since the Commission on the Review of the There is no doubt that the national policy firm from which I have retired and for which toward gambling must again be examined, National Policy Toward Gambling issued its I am now ‘‘Of Counsel.’’ and this time with considerably more ur- 1976 report, gambling has greatly expanded, With a proper mixture of pride and mod- gency than the last time. Please be assured and it has grown in many ways that are con- esty, I would refer you to the Report of the that I am quite willing to help at any time— trary to the recommendations of that early re- 1972–1976 Commission, with specific attention without cost to the government. port. In 1976 only two States had casino gam- to our recommendations concerning casinos Yours very truly, and (that most cynical of retrogressive tax- CHARLES H. MORIN. bling. Today, ever State but two have some ation) state lotteries. As I have observed, if form of legal gambling. According to U.S. anyone tried to sell corporate securities with The language in the House-passed version News and World Report, people wagered the failure to disclose material facts so char- of H.R. 497 is the orthodox way to draft sub- $482 billion in 1994 on all forms of gambling, acteristic of state lottery promotion, he poena power language. After comparing the 85 percent of which took place in casinos in would be sent to prison. This is certainly the subpoena power granted to the Commission 27 States, most of them built in the past 5 cruelest and most indiscrimate form of gam- on the Review of the National Policy Toward years. This explosive growth has produced bling and should be fiercely attacked. I see Gambling, which was so broad it permitted a deleterious side effects that have high moral, no signs that our recommendation (the 1976 single commissioner to issue a subpoena, and Report, 159) that ‘‘the States must take care social, and economic costs. to inform the public fully as to the odds and learning that the Commission never once Mr. Speaker, I support the legislation before character of the games being offered, and to found it necessary to issue a subpoena, one the body today because it is a serious effort avoid any misleading practices in its adver- can only conclude that the industry's concerns to study the issue of gambling in the United tisements and promotional activities . . .’’ are, at a minimum, overstated, unrealistic, and States. This legislation is not perfect, and I was greeted recommendation was followed paranoid. would have drafted some sections differently. by this one: For example, § 5(b)(1) authorizes the use of But this is a body of compromise. To forge ‘‘Should [the States] fail in this respon- subpoenas after a person fails to supply infor- agreements, one must be willing to consider sibility, Congress should consider giving the mation requested by the Commission. This Federal Trade Commission the explicit au- points of view and perspectives that are dif- thority to set and enforce compulsory guide- subjunctive clause merely states the obvious. ferent from one's own. lines.’’ Administrative subpoenas are usually only is- In some respects, the Senate amendment I am as much a foe of big Federal govern- sued if the entity fails to comply with an infor- represents those political choices and com- ment as the next person, but the point may mation request. This clause is not intended to July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8043 narrow the scope of subpoenas served subse- ing experts in epidemiological methods and itself to national study. So that is all quent to an information request. It only means statistical methods of analysis who could help that this is going to encompass. that the Commission should ask first and sub- the Commission make sense of survey re- Some things are best done by the poena second. search and demographic or medical studies. States. Some things are best done by I would also like to associate myself with the The Federal Bureau of Investigation may be the Federal Government, and it is pret- statement made by Senator GLENN regarding helpful in providing crime information.The In- ty hard to have a hard and fast rule. the meaning of the words ``to understand'' in ternal Revenue Service and the Financial Generally, we Republicans prefer local § 5(b)(2) of the bill. Under this section, the Center may help commissioners understand government over national government, Commission may subpoena witnesses for the issues relative to money transfers and laun- but that, again, depends on the cir- purpose of understanding material obtained by dering. General Services Administration staff cumstance. the Commission. There are many reasons to could be helpful in setting up office space for Tort reform, for example, in my judg- require such testimony and the understanding the Commission, and the General Accounting ment, and although I do not speak for of the documents often will go beyond its four Office could help provide economic analysis. I all my colleagues on the Republican corners. The Commission may need to under- urge any Federal department or agency to as- side, lent itself to a national solution stand the circumstances or motivations for sist the Commission when at all possible. rather than a State solution. But these producing a document. It may need to know Mr. Speaker, I am going to watch the are matters we can argue about. why it was produced and why alternatives progress of the Commission carefully to make Mr. FRANK of Massachusetts. Mr. were not included. To understand a document sure the Commission does its work in a non- Speaker, will the gentleman yield? may entail understanding its context, how it partisan and objective way. I will follow its Mr. HYDE. I yield to the gentleman was developed, why it was developed, what progress to make sure the job Congress has from Massachusetts. alternatives were considered, and other con- delegated to it is performed in a professional Mr. FRANK of Massachusetts. Mr. siderations that go into producing documents. and effective manner. I will also monitor the Speaker, I thank the gentleman for I would also like to make a point about the amount of lobbying pressure to which the yielding. I have no disagreement with duties of the Commission and the matters to Commission is subjected. what he just said. I do not claim to be be studied. This list of items to be studied by I believe that the legislation before us gives a crusader for States rights. I have the the Commission is the minimum the Commis- the Commission all the power and tools it position I think most Members have. I sion should examine. This is clearly stated in needs to conduct its business and write an ob- am for the State or the Federal Gov- section 4(a)(2). The commission should review jective report. However, if the gambling indus- ernment deciding where we will best other subjects as it deems appropriate. try decides to throw its vast resources, law- get the outcome that I think public Section 4(a)(2)(C) of the House-passed ver- yers, lobbyists and consultants at the Commis- policy ought to have. sion of H.R. 497 directed the Commission to sion or the various provisions of this act in Mr. MILLER of California. Mr. Speaker, I include an assessment and review of political order to thwart its work, I will come to the well rise today to express my support for H.R. 497, contributions and their influence on the devel- of this House with legislation more like the the National Gambling Impact and Policy opment of public policy regulating gambling. original House bill to ensure that the Commis- Commission Act. I cosponsored this legislation While the version of the bill that Congress will sion is successful in completing its tasks. because I believe it is important for us to ex- send to the President today does not contain Because this legislation is only days away amine the effect the recent and pronounced a similar provision, it is completely within the from becoming law, I beseech the appointing proliferation of gambling in the United States prerogative of the Commission to make such authoritiesÐthe President, the Speaker of the has had on us as a society. This impact study an assessment. House, and the majority leader of the Sen- will help Americans better understand what Gambling interests are flush with cash and ateÐto appoint individuals to the Commission the effects of gambling are upon our families readily contribute to local, State and national who are recognized for their honesty, integrity, and communities. campaigns. Also, many news reports have and objectivity. The Commission should not be Gambling has proliferated in part because chronicled the vast sums promised lobbyists loaded with individuals with vested interests in State, local, and tribal governments faced with and consultants if they can convince legisla- the outcome of the report. They should not be budget shortages see gambling as a pain-free tors to permit riverboat gambling or establish- composed of individuals interested in going to solution to their problems. But I am concerned ment of a casino. Many public officials have work for the gambling industry after they have that such a quick-fix approach to our eco- taken large sums of money as bribes from completed their duties with the Commission. nomic problems will make us overlook not only gambling interests and have been indicted for Commissioners should be citizens of sound the long-term social problems associated with such reprehensible conduct. Some say there moral character able to impartially review the gambling, but the very fact that gambling itself is nothing worse than a corrupt policeman be- evidence and issues which will come before is an inherently weak foundation upon which cause it is the police who enforce the laws. A them so that their final product will be a report to base long-term growth and development. It corrupt politician is equally bad. I urge the the American people can trust and rely upon. is my sincere hope that through this study, we Commission to review the very timely and im- Mr. Speaker, the time has finally come to can provide local communities, States, and portant issue of public corruption, political in- make a detailed study of gambling in America. tribes the right tools and objective information fluence, money, and power. H.R. 497, in the tradition of good government, to decide whether or not gambling is the right So, even though this legislation is not every- will help get that job done. This is a good bill, economic development strategy for them. thing I may have preferred, it is a good bill and I heartily support its final passage and But I also want to make clear that it is my and should be supported by the House and presentment to the President. I urge all Mem- understanding that neither this bill nor the sent to the President for his signature. bers to support this meritorious legislation and commission it creates is intended in any way Another issue I would like to raise concerns yield back the balance of my time. to be construed or used as an excuse to un- Commission requests for assistance from Mr. HYDE. Mr. Speaker, I yield my- fairly criticize Indian gaming. Indian gambling other Federal agencies. There is already a self the balance of my time, and I hope has, in many instances, helped Indian tribes wealth of experience and knowledge within the I do not use all the 3 minutes, but I improve reservation conditions and provide Federal Government about many of the issues wanted to respond to my friend, the jobs where unemployment often ranges be- the Commission will likely address. One of the gentleman from Massachusetts, who is tween 50 and 80 percent. In addition, it is my Commission's jobs is to bring all that informa- one of the very effective but selective hope that a fair and hones study will help de- tion under one roof in a usable form. Because crusaders for States’ rights. stroy some of the more harmful and false this is only a 2-year Commission which will This is a search for information, this myths about Indian gaming. For instance, it is have very limited funds, Congress provided commission, not legislative nor regu- far from the truth that all tribes have become that departments and agencies of the Federal latory functions, but a search for infor- rich from Indian gaming. Right not approxi- Government provide detailees to the Commis- mation that has a uniquely national mately 130 out of 553 Indian tribes operate sion when appropriate. characteristic. The States, important casino style gaming in 22 States. A few have I urge any Federal agency asked to assist as they are, are really not competent become quite wealthy. The vast majority, how- the Commission to provide such assistance to do a national search that involves ever, of Indian tribes are making only modest and detailees as deemed necessary. The De- the issue of gambling. So, it may be an profits. Some Indian casinos have even fold- partment of Health and Human Services could intrusion, but it is really not an either/ ed. And because Indian tribes are required by assist the Commission by providing experts on or proposition: States’ rights versus law to plow revenues back into tribal projects compulsive or pathological behavior or provid- national intrusion. This subject lends and not individual profits, Indian tribes have H8044 CONGRESSIONAL RECORD — HOUSE July 22, 1996 been able to better the quality of life on their gress was eliminating the Washington-knows- to manipulate the controls of an aircraft if reservations by using casino revenues to offer best syndrome. This bill just gives that syn- the pilot knows or should have known that better housing, education, health care, and drome more fuel for the fire. Gaming has al- the individual is attempting to set a record safety to their members. or engage in an aeronautical competition or ways been a State responsibility, and many aeronautical feat, as defined by the Adminis- My hope is that this commission will study States have addressed the issues relating to trator. Indian gambling as evenly and fairly as non- gaming in a responsible manner. Getting the ‘‘(b) REVOCATION OF AIRMEN CERTIFI- Indian gaming. If this happens then I have lit- Federal Government involved not only in- CATES.—The Administrator shall issue an tle doubt that the study, when completed will fringes on States rights, but costs taxpayers order revoking a certificate issued to an air- give Americans the information we need to money that could better be spent in education man under section 44703 of this title if the better understand the positive and negative programs, health programs, or to eliminate our Administrator finds that while acting as a aspects of gaming in the United States. Federal deficit. My colleagues, you should pilot in command of an aircraft, the airman Mr. ENSIGN. I rise in opposition to H.R. has permitted another individual to manipu- rethink this issue and ask where you think the late the controls of the aircraft in violation 497, the National Gambling Impact Study citizens of your State would rather spend their Commission. Although the legislation the of subsection (a). money. My guessÐnot on the gaming com- ‘‘(c) PILOT IN COMMAND DEFINED.—In this House is considering today is a substantial im- mission created by H.R. 497. I urge my col- section, the term ‘pilot in command’ has the provement over previous versions, I continue leagues to vote against this bill. meaning given such term by section 1.1 of to have many strong reservations with this leg- Mr. HYDE. Mr. Speaker, I thank the title 14, Code of Federal Regulations.’’. islation. gentleman, and I yield back the bal- (b) CONFORMING AMENDMENT.—The table of First and foremost, I see no reason why the ance of my time. sections at the beginning of such chapter is Federal Government should be involved in a The SPEAKER pro tempore (Mr. amended by adding at the end the following: ‘‘44724. Manipulation of flight controls.’’. study of a legal, State-regulated industry. The COBLE). The question on the motion of- gaming industry, like any other entertainment fered by the gentleman from Illinois SEC. 3. CHILDREN FLYING AIRCRAFT. (a) STUDY.—The Administrator of the Fed- or tourism industry, is subject to careful review [Mr. HYDE] that the House suspend the and oversight by individual States. In my State eral Aviation Administration shall conduct a rules and concur in the Senate amend- study of the impacts of children flying air- of Nevada, we can see first hand the success ment to H.R. 497. of a beneficial relationship between the gam- craft. The question was taken; and (two- (b) CONSIDERATIONS.—In conducting the ing industry and its regulatory agency, the Ne- thirds having voted in favor thereof) study, the Administrator shall consider the vada Gaming Commission. These two entities the rules were suspended and the Sen- effects of imposing any restrictions on chil- have worked together over the years in a ate amendment was concurred in. dren flying aircraft on safety and on the fu- manner that benefits everyoneÐthe industry, A motion to reconsider was laid on ture of general aviation in the United States. the State, and the millions of tourists that visit the table. (c) REPORT.—Not later than 6 months after the date of the enactment of this Act, the Nevada annually. Nevada has certainly been f the leader and model for other States to fol- Administrator shall issue a report contain- low. GENERAL LEAVE ing the results of the study, together with recommendations on— Second, Mr. Speaker, I believe this commis- Mr. HYDE. Mr. Speaker, I ask unani- (1) whether the restrictions established by sion is a terrible waste of taxpayer money. mous consent that all Members may the amendments made by section 2 should be The data and information the commission will have 5 legislative days in which to re- modified or repealed; and collect are already available from multiple vise and extend their remarks and in- (2) whether certain individuals or groups studies that have already occurred. In this clude extraneous material on the Sen- should be exempt from any age, altitude, or time of fiscal constraint, it is ridiculous to ex- ate amendment just concurred in. other restrictions that the Administrator pend Federal dollars for a duplicative study. The SPEAKER pro tempore. Is there may impose by regulation. (d) REGULATIONS.—As a result of the find- I continue to resist this legislation because objection to the request of the gen- I feel that the underlying agenda of this bill is ings of the study, the Administrator may tleman from Illinois? issue regulations imposing age, altitude, or to federally regulate and tax the industry. The There was no objection. other restrictions on children flying aircraft. gaming industry has a huge impact on the f economy of Nevada and 47 other States in The SPEAKER pro tempore. Pursu- the country. It provides jobs and opportunities CHILD PILOT SAFETY ACT ant to the rule, the gentleman from Tennessee [Mr. DUNCAN] and the gen- in communities that would not be available if Mr. DUNCAN. Mr. Speaker, I move to tleman from Illinois [Mr. LIPINSKI] gaming did not exist. While the proponents of suspend the rules and pass the bill this legislation may have good intentions, I will each will control 20 minutes. (H.R. 3267) to amend title 49, United The Chair recognizes the gentleman be unyielding in my commitment to ensure States Code, to prohibit individuals that the intent of this commission does not ex- from Tennessee [Mr. DUNCAN]. who do not hold a valid private pilots Mr. DUNCAN. Mr. Speaker, I yield pand to prohibit this legal industry. In addition, certificate from manipulating the con- I will work with the Speaker, Senate majority myself such time as I may consume. trols of aircraft in an attempt to set a Mr. Speaker, the Transportation and leader, and the President to ensure that we record or engage in an aeronautical have an unbiased commission that will fairly Infrastructure Committee, chaired by competition or aeronautical feat, and the gentleman from Pennsylvania [Mr. evaluate the industry and provide a balanced for other purposes. report. SHUSTER], reported H.R. 3267 by voice The Clerk read as follows: vote on June 6. Mrs. VUCANOVICH. Mr. Speaker, today I H.R. 3267 rise in opposition to H.R. 497 not only be- The bill was introduced on April 18 Be it enacted by the Senate and House of Rep- by myself, along with the chairman of cause it is bad for Nevada, but because I be- resentatives of the United States of America in the full committee, BUD SHUSTER, lieve it is bad for America. Again, Congress is Congress assembled, Aviation Subcommittee Ranking Mem- spending more money on a study of which I SECTION 1. SHORT TITLE. question the validity. I question the wisdom of This Act may be cited as the ‘‘Child Pilot ber BILL LIPINSKI, Aviation Sub- spending millions of dollars to create a new Safety Act’’. committee Vice Chairman JERRY Government commission at a time when we SEC. 2. MANIPULATION OF FLIGHT CONTROLS. WELLER, the chairman of the Govern- are struggling to downside the Government (a) IN GENERAL.—Chapter 447 of title 49, ment Reform and Oversight Commit- and balance our budget. United States Code, is amended by adding at tee, BILL CLINGER, as well as JIM ROSS While I am pleased that efforts have been the end the following: LIGHTFOOT, BILL PAXON, and BILL MAR- taken to limit the subpoena powers of the ‘‘§ 44724. Manipulation of flight controls TINI. commission, it still baffles me why an advisory ‘‘(a) PROHIBITION.—No pilot in command of Since the introduction of this legisla- commission should hold such power. Most ad- an aircraft may allow an individual who does tion several other Members of the visory commissions created by Congress or not hold— House have added their names as co- Federal agencies are not provided with sub- ‘‘(1) a valid private pilots certificate issued sponsors. by the Administrator of the Federal Avia- According to the National Transpor- poena power. This calls in question the very tion Administration under part 61 of title 14, purpose of the gaming commissionÐand Code of Federal Regulations; and tation Safety Board, since 1964 there whether the commission can be objective. ‘‘(2) the appropriate medical certificate is- have been 178 accidents and incidents Mr. Speaker, objective information on gam- sued by the Administrator under part 67 of involving pilots 16 years of age and ing is needed, but I thought the 104th Con- such title, younger. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8045 And, as we all know, last April, 7- Mr. Speaker, H.R. 3267 is responsible Scouts Groups, all give plenty of oppor- year-old Jessica Dubroff attempted to legislation that addresses the issue tunities for young people to become en- become the youngest pilot to fly across without overreacting. I urge its adop- thused about aviation to become our the United States. tion. future pilots, but never should they be Unfortunately, Jessica, her father, Mr. Speaker, I yield such time as he exposed to such questionable and dan- and a flight instructor were killed may consume to the gentleman from gerous conditions as preceded that sin- while attempting to set this record. Minnesota [Mr. OBERSTAR], ranking gle tragic accident, nor should all Specifically, H.R. 3267 requires a pri- member of the Committee on Trans- those program be sacrificed because of vate pilot license for any person at- portation and Infrastructure. one tragic accident. tempting to break an aviation record. Mr. OBERSTAR. Mr. Speaker, I I believe that, as a result of the good The bill also requires a study to be thank the gentleman for yielding me judgment that Mr. LIPINSKI and Mr. conducted by the FAA to determine if the time. DUNCAN have exercised in crafting this any additional rules or guidelines I also strongly support the Child legislation, that it is unlikely that should be put in place for children fly- Pilot Safety Act, H.R. 3267. It is regret- flight instructors will participate in ing aircraft. table that we should even be here dis- any such questionable record setting So, I think we have a balanced ap- cussing such legislation, but out of ne- activities in the future. Again, we are proach that focuses on the media-driv- cessity we are. The bill was drafted in not trying to legislate good judgment, en publicity stunts without imposing response to a tragic accident that took but we are trying to send up very any additional regulations or undue re- the life of Jessica Dubroff, a precocious strong signals to the flying public and strictions on the entire aviation com- 7-year-old who was attempting to be to the most experienced of instructors, munity. the youngest person to manipulate the instructor core throughout this coun- H.R. 3267 has strong support from the controls of an aircraft across the North try, stop, take stock, think carefully; general aviation community, including American Continent. lives are in your hands. the Aircraft Owners and Pilots Asso- As the committee heard in the hear- I commend the gentleman from Illi- ciation, the General Aviation Manufac- ings that the gentleman from Ten- nois, and I commend the gentleman turers Association, and the National nessee, Chairman DUNCAN, called and from Tennessee for this legislation. I Air Transport Association. the ranking member, the gentleman urge its passage. The bill is also supported by the Fed- from Illinois, Mr. LIPINSKI, partici- Mr. DUNCAN. Mr. Speaker, I reserve eral Aviation Administration, the De- pated in and help craft, we have to the balance of my time. partment of Transportation, and sev- keep in mind that Jessica was not the Mr. LIPINSKI. Mr. Speaker, I yield eral Members from both sides of the pilot in command of the fatal flight. myself such time as I may consume. aisle. The decision to take off in foul weather I simply want to say that I appre- It is a good bill, a balanced bill, and was not hers. The decision to fly in air- ciate very much the cooperation, the I think it is one that will merit the craft that was reportedly overweight consideration given to me in crafting support of all Members. was not the child’s. The decision to this bill by the gentleman from Ten- I might just say, Mr. Speaker, that allow her to manipulate the controls of nessee, Chairman DUNCAN. I want to because of the terrible tragedy of flight that aircraft at any time during that congratulate the staff on the Repub- 800 by TWA, the attention being given flight and prior to the tragic accident lican side and the Democratic side for to aviation safety right at this time is was not the child’s decision. It was a working on this and coming up with understandably extremely high, and decision of the pilot in command, an this legislation. I salute them all. I the public is demanding that we take experienced pilot, a flight instructor urge passage of this bill. every step possible to make sure that who should have known better. Mr. Speaker, I yield back the balance our aviation system is as safe and se- As we have discussed and Chairman of my time. cure as possible. DUNCAN and ranking member LIPINSKI Mr. DUNCAN. Mr. Speaker, I yield This bill, along with two companion have said again and again, we cannot myself such time as I may consume. bills that we will act on shortly, are ju- legislate good judgment into the minds Let me simply in closing echo the dicial steps that this Congress can take and hearts and soles of pilots, but we words of the gentleman from Illinois and can be proud of in working to can erect some very strong barriers. [Mr. LIPINSKI]. If there is any other make sure that our aviation system is That is what this legislation does. subcommittee in this Congress where as safe as possible, and we will be doing To the extent that we legislate in there is a better relationship between additional things and holding addi- this arena, we must legislate with the the ranking member and the chairman, tional hearings as we move on through right objective in mind. The pilot in I would like to know about it. The Sub- the coming weeks and months. command, the flight instructor, not committee on Aviation has a history of Mr. Speaker, I urge the support of all the child who is on board that aircraft working together in a very bipartisan my colleagues for H.R. 3267, and I re- but the pilot in command, to make way. serve the balance of my time. that person doubly, triple aware that Sometimes all the publicity is given at all times, regardless of cir- to our divisions up here, and people do b 1245 cumstances, regardless of societal pres- not realize that on many important Mr. LIPINSKI. Mr. Speaker, I yield sures or other social pressures, they pieces of legislation the Members on myself such time as I may consume. have to think first of safety. That is both sides of the aisle work well to- Mr. Speaker, Chairman DUNCAN and I what this legislation does. gether. I think this is in part due to a introduced H.R. 3267 following the trag- The child’s interest in and enthu- close relationship that I have with my ic death of 7-year-old Jessica Dubroff siasm for flying should be nurtured. It ranking member, Mr. LIPINSKI, but also on April 11, 1996, while trying to set a ought to be stimulated, as it has been it is a tribute to the ranking member record as the youngest pilot. from the dawn of civil aviation. For of the full committee, the gentleman This legislation has widespread sup- that purpose, there are junior aviation from Minnesota, Mr. OBERSTAR, who port in the aviation community be- clubs all across America. The Young served for many years as the chairman cause the bill allows the FAA to study Eagles, I think of in my own district in of this subcommittee and who is recog- whether further restrictions should be Minnesota, Young Eagles Club at Mora, nized in this Congress and is often re- placed on children flying aircraft in- directed by, coached by Judy Rice, who ferred to as Mr. Aviation. stead of establishing a minimum age at is a very enthusiastic pilot herself, was I appreciate the work that they have which a child can manipulate the con- appalled that a child would be in an done on this bill and the comments trols of an aircraft in the statute. I be- aircraft under such weather conditions they have made. I think we have a good lieve that it may well be appropriate with the pressure of trying to create a bill. It is a bill that will correct the for us to establish such a minimum record of flying across America for a abuses without overreaching. age, but I am willing to wait until the child of that age. I urge passage of this bill. FAA completes its study before taking The Young Eagles Clubs, the Civil Mr. Speaker, I yield back the balance any action. Air Patrol, the Aviation Explorer of my time. H8046 CONGRESSIONAL RECORD — HOUSE July 22, 1996 The SPEAKER pro tempore (Mr. cluding comments and evaluations made by a carrier shall take such actions as may be nec- COBLE). The question is on the motion check airman designated in accordance with essary to protect the privacy of the pilot and the offered by the gentleman from Ten- section 121.411, 125.295, or 135.337 of such title; confidentiality of the records, including ensur- ‘‘(II) any disciplinary action relating to the ing that the information contained in the nessee [Mr. DUNCAN] that the House training, qualifications, proficiency, or profes- records is not divulged to any individual that is suspend the rules and pass the bill, sional competence of the individual which was not directly involved in the hiring decision. H.R. 3267. taken by the air carrier with respect to the indi- ‘‘(C) INDIVIDUALS NOT HIRED.—If the individ- The question was taken. vidual and which was not subsequently over- ual is not hired, the air carrier shall destroy or Mr. DUNCAN. Mr. Speaker, on that I turned by the air carrier; and return the records of the individual received demand the yeas and nays. ‘‘(III) any release from employment or res- under paragraph (1); except that the air carrier The yeas and nays were ordered. ignation, termination, or disqualification with may retain any records needed to defend its de- respect to employment. cisions not to hire the individual. The SPEAKER pro tempore. Pursu- ‘‘(C) NATIONAL DRIVER REGISTER RECORDS.— ‘‘(11) STANDARD FORMS.—The Administrator ant to clause 5 of rule I and the Chair’s From the chief driver licensing official of a may promulgate— prior announcement, further proceed- State, information concerning the motor vehicle ‘‘(A) standard forms which may be used by an driving record of the individual in accordance ings on this motion will be postponed. air carrier to request the records of an individ- with section 30305(b)(7) of this title. f ual under paragraph (1); and ‘‘(2) 5-YEAR REPORTING PERIOD.—A person is AIRLINE PILOT HIRING AND not required to furnish a record in response to ‘‘(B) standard forms which may be used by a person who receives a request for records under SAFETY ACT OF 1996 a request made under paragraph (1) if the record was entered more than 5 years before the paragraph (1) to obtain the written consent of Mr. DUNCAN. Mr. Speaker, I move to date of the request, unless the information is the individual and to inform the individual of suspend the rules and pass the bill about a revocation or suspension of an airman the request and of the individual’s right to re- (H.R. 3536) to amend title 49, United certificate or motor vehicle license that is still in ceive a copy of any records furnished in re- States Code, to require an air carrier effect on the date of the request. sponse to the request. ‘‘(3) REQUIREMENT TO MAINTAIN RECORDS.— ‘‘(12) REGULATIONS.—The Administrator may to request and receive certain records prescribe such regulations as may be nec- before allowing an individual to begin The Administrator and each air carrier (or the trustee in bankruptcy for the air carrier) shall essary— service as a pilot, and for other pur- maintain pilot records described in paragraph ‘‘(A) to protect the personal privacy of any in- poses, as amended. (1) for a period of at least 5 years. dividual whose records are requested under The Clerk read as follows: ‘‘(4) WRITTEN CONSENT FOR RELEASE.—Neither paragraph (1) and to protect the confidentiality H.R. 3536 the Administrator nor any air carrier may fur- of those records; ‘‘(B) to preclude the further dissemination of Be it enacted by the Senate and House of Rep- nish a record in response to a request made records received under paragraph (1) by the air resentatives of the United States of America in under paragraph (1) (A) or (B) without first ob- carrier who requested them; and Congress assembled, taining the written consent of the individual whose records are being requested. ‘‘(C) to ensure prompt compliance with any SECTION 1. SHORT TITLE. ‘‘(5) DEADLINE FOR PROVISION OF INFORMA- request under paragraph (1). This Act may be cited as the ‘‘Airline Pilot TION.—A person who receives a request for ‘‘(b) LIMITATION ON LIABILITY; PREEMPTION Hiring and Safety Act of 1996’’. records under paragraph (1) shall furnish, on or OF STATE AND LOCAL LAW.— SEC. 2. EMPLOYMENT INVESTIGATIONS OF PI- before the 30th day following the date of receipt ‘‘(1) LIMITATION ON LIABILITY.—No action or LOTS. of the request (or on or before the 30th day fol- proceeding may be brought by or on behalf of an (a) IN GENERAL.—Chapter 447 of title 49, Unit- lowing the date of obtaining the written consent individual who is seeking a position with an air ed States Code, is amended by redesignating sec- of the individual in the case of a request under carrier as a pilot against— tion 44723 as section 44724 and by inserting after paragraph (1) (A) or (B)), all of the records ‘‘(A) the air carrier for requesting the individ- section 44722 the following: maintained by the person that have been re- ual’s records under subsection (a)(1); ‘‘§ 44723. Preemployment review of prospective quested. ‘‘(B) a person who has complied with such re- pilot records ‘‘(6) RIGHT TO RECEIVE NOTICE AND COPY OF quest and in the case of a request under sub- ANY RECORD FURNISHED ‘‘(a) PILOT RECORDS.— .—A person who receives section (a)(1) (A) or (B) has obtained the written ‘‘(1) IN GENERAL.—Before allowing an individ- a request for records under paragraph (1) shall consent of the individual; ual to begin service as a pilot, an air carrier provide to the individual whose records have ‘‘(C) a person who has entered information shall request and receive the following informa- been requested— contained in the individual’s records; or ‘‘(A) on or before the 20th day following the tion: ‘‘(D) an agent or employee of a person de- date of receipt of the request, written notice of ‘‘(A) FAA RECORDS.—From the Administrator scribed in subparagraph (A) or (B); the request and of the individual’s right to re- of the Federal Aviation Administration, infor- in the nature of an action for defamation, inva- mation pertaining to the individual that is ceive a copy of such records; and ‘‘(B) in accordance with paragraph (9), a sion of privacy, negligence, interference with maintained by the Administrator concerning— copy of such records, if requested by the individ- contract, or otherwise, or under any Federal, ‘‘(i) current airman certificates (including air- ual. State, or local law with respect to the furnishing man medical certificates) and associated type ‘‘(7) REASONABLE CHARGES FOR PROCESSING or use of such records in accordance with sub- ratings, including any limitations thereon; and REQUESTS AND FURNISHING COPIES.—A person section (a). ‘‘(ii) summaries of legal enforcement actions who receives a request for records under para- ‘‘(2) PREEMPTION.—No State or political sub- which have resulted in a finding by the Admin- graph (1) or (9) may establish a reasonable division thereof may enact, prescribe, issue, con- istrator of a violation of this title or a regula- charge for the cost of processing the request and tinue in effect, or enforce any law, regulation, tion prescribed or order issued under this title furnishing copies of the requested records. standard, or other provision having the force and which have not been subsequently over- ‘‘(8) RIGHT TO CORRECT INACCURACIES.—An air and effect of law that prohibits, penalizes, or turned. carrier that receives the records of an individual imposes liability for furnishing or using records ‘‘(B) AIR CARRIER RECORDS.—From any air under paragraph (1)(B) shall provide the indi- in accordance with subsection (a). carrier (or the trustee in bankruptcy for the air vidual with a reasonable opportunity to submit ‘‘(3) PROVISION OF KNOWINGLY FALSE INFOR- carrier) that has employed the individual at any written comments to correct any inaccuracies MATION.—Paragraphs (1) and (2) shall not time during the 5-year period preceding the date contained in the records before making a final apply with respect to a person that furnishes in of the employment application of the individ- hiring decision with respect to the individual. response to a request made under subsection ual— ‘‘(9) RIGHT OF PILOT TO REVIEW CERTAIN (a)(1) information that the person knows is ‘‘(i) records pertaining to the individual that RECORDS.—Notwithstanding any other provision false. are maintained by an air carrier (other than of a law or agreement, an air carrier shall, upon ‘‘(c) LIMITATION ON STATUTORY CONSTRUC- records relating to flight time, duty time, or rest written request from a pilot employed by such TION.—Nothing in this section shall be con- time) under regulations set forth in— carrier, make available, within a reasonable strued as precluding the availability of the ‘‘(I) section 121.683 of title 14, Code of Federal time of the request, to the pilot for review any records of a pilot in an investigation or other Regulations; and all employment records referred to in para- proceeding concerning an accident or incident ‘‘(II) paragraph (A) of section VI, appendix I, graph (1)(B) pertaining to the pilot’s employ- conducted by the Secretary, the National Trans- part 121 of such title; ment. portation Safety Board, or a court.’’. ‘‘(III) paragraph (A) of section IV, appendix ‘‘(10) PRIVACY PROTECTIONS.— (b) CHAPTER ANALYSIS AMENDMENT.—The J, part 121 of such title; ‘‘(A) USE OF RECORDS.—An air carrier or em- analysis for chapter 447 of such title is amended ‘‘(IV) section 125.401 of such title; and ployee of an air carrier that receives the records by striking ‘‘(V) section 135.63(a)(4) of such title; and of an individual under paragraph (1) may use ‘‘44723. Annual report.’’ ‘‘(ii) other records pertaining to the individual such records only to assess the qualifications of that are maintained by the air carrier concern- the individual in deciding whether or not to hire and inserting ing— the individual as a pilot. ‘‘44723. Preemployment review of prospective ‘‘(I) the training, qualifications, proficiency, ‘‘(B) REQUIRED ACTIONS.—Subject to sub- pilot records. or professional competence of the individual, in- section (c), the air carrier or employee of an air ‘‘44724. Annual report.’’. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8047 (c) CONFORMING AMENDMENT.—Section H.R. 3536 will go a long way in help- committee held on this issue that De- 30305(b) of such title is amended by redesignat- ing the airline industry weed out poor cember, there was virtually unanimous ing paragraph (7) as paragraph (8) and by in- pilots—and it will make sure that agreement that a system needed to be serting after paragraph (6) the following: these pilots are kept out of the system. set up for airlines to share pilot ‘‘(7) An individual who is employed or seeking employment by an air carrier as a pilot may re- The legislation requires airlines to records which protected the rights of quest the chief driver licensing official of a State share the records of pilot job appli- both the carriers and the pilots. to provide information about the individual cants before they are hired. After considerable effort and through under subsection (a) of this section to the indi- These records include physical the leadership of Chairman DUNCAN, we vidual’s prospective employer or to the Secretary exams, drug tests, alcohol tests, train- have found the appropriate balance. of Transportation. Information may not be ob- ing records, proficiency and route Neither the carriers nor the pilots love tained from the Register under this paragraph if checks, and others. It also requires air- this bill. But in the spirit of com- the information was entered in the Register lines to request the motor vehicle driv- promise we have found a middle ground more than 5 years before the request, unless the information is about a revocation or suspension ing records of the pilot from the Na- which I believe best serves the inter- still in effect on the date of the request.’’. tional Register. None of this informa- ests of the flying public. (d) CIVIL PENALTIES.—Section 46301 of such tion can be released without the pilot’s I do want to thank Chairman DUNCAN title is amended by inserting ‘‘44723,’’ after prior written approval. and Chairman SHUSTER for working so ‘‘44716,’’ in each of subsections (a)(1)(A), Over the last 7 years, as a result of closely with our side on this legisla- (a)(2)(A), (d)(2), and (f)(1)(A)(i). airplane accidents involving fatalities, tion. They have been very receptive to (e) APPLICABILITY.—The amendments made by the National Transportation Safety improvements we have suggested and this section shall apply to any air carrier hiring Board has recommended to the FAA, an individual as a pilot on or after the 30th day the end result is a bill that we can all after the date of the enactment of this Act. on at least three different occasions, support. that pilot performance records should SEC. 3. RULEMAKING TO ESTABLISH MINIMUM Mr. Speaker, I urge support for this STANDARDS FOR PILOT QUALIFICA- be shared. important safety legislation. TIONS. Since 1987, substandard airline pilots b 1300 Not later than 18 months after the date of the have contributed to several fatal plane enactment of this Act, the Administrator of the crashes, killing hundreds of people. Mr. Speaker, I reserve the balance of Federal Aviation Administration shall issue a Among these pilots, one failed three my time. notice of a proposed rulemaking to establish— flight tests in 6 years, one had been Mr. DUNCAN. Mr. Speaker, I yield (1) minimum standards and criteria for fired five times for poor performance, such time as he may consume to the preemployment screening tests measuring the bi- gentleman from North Carolina [Mr. ographical factors (psychomotor coordination), two had substance abuse problems, and general intellectual capacity, instrument and the list goes on. HEINEMAN], one of the main people in mechanical comprehension, and physical fitness The Aviation Subcommittee, of this Congress who is the biggest mover of an applicant for employment as a pilot by an which I chair held 2 days of hearings on and shaker on this particular piece of air carrier; and this issue just this past December. legislation. He has been in on this from (2) minimum standards and criteria for pilot From those hearings there was general the very beginning and deserves a great training facilities which will be licensed by the consensus that the sharing of pilot deal of credit for this legislation. Administrator and which will assure that pilots records should be done. (Mr. HEINEMAN asked and was given trained at such facilities meet the permission to revise and extend his re- preemployment screening standards and criteria H.R. 3536 provides airlines near total described in paragraph (1). immunity from defamation lawsuits. marks.) Mr. HEINEMAN. Mr. Speaker, today SEC. 4. SHARING ARMED SERVICES RECORDS. The only exception would be if the air- (a) STUDY.—The Administrator of the Federal line knowingly places false informa- I rise in strong support of H.R. 3536, the Aviation Administration, in conjunction with tion about a pilot in his or her record. Duncan-Heineman Airline Pilot Hiring the Secretary of Defense, shall conduct a study As I have said on several occasions, I Safety Act. to determine the relevance and appropriateness believe that 99.9 percent of the pilots Mr. Speaker, on December 13, 1994, of requiring the Secretary of Defense to provide who fly today are very good pilots. tragedy struck commuter Flight 3379. to an air carrier, upon request in connection But, unfortunately, some poor pilots What began as a routine commuter with the hiring of an individual as a pilot, have fallen through the cracks. flight from Greensboro, NC to the Ra- records of the individual concerning the individ- leigh-Durham International Airport— ual’s training, qualifications, proficiency, pro- Again, on a bipartisan basis, we fessional competence, or terms of discharge from worked to craft a bill that I feel con- in my own congressional district— the Armed Forces. fident every Member of the House can sadly turned to tragedy. (b) REPORT.—Not later than 1 year after the support. On that evening, the pilot of Flight date of the enactment of this Act, the Adminis- H.R. 3536 has several cosponsors from 3379 attempted to land his twin engine trator shall transmit to Congress a report on the both sides of the aisle. It is also sup- commuter plane in the fog and rain, results of the study. ported by the chairman of the full com- but because of a tragic miscalculation, SEC. 5. MINIMUM FLIGHT TIME. mittee, Mr. SHUSTER, as well as the the plane began spinning out of control (a) STUDY.—The Administrator of the Federal ranking members of both the full com- and crashed on a hillside near the air- Aviation Administration shall conduct a study mittee and the Aviation Subcommit- port. to determine whether current minimum flight That disaster took the lives of the time requirements applicable to individuals seek- tee, Mr. OBERSTAR and Mr. LIPINSKI. ing employment as a pilot with an air carrier It is a good bill, a bipartisan bill, and pilot, his copilot, and 13 of 20 pas- are sufficient to ensure public safety. it will help our make our safe aviation sengers. Federal investigators learned (b) REPORT.—Not later than 1 year after the system even safer. I urge Members to that the crash was a result of pilot date of the enactment of this Act, the Adminis- support its passage. error. To make matters worse, the trator shall transmit to Congress a report on the Mr. Speaker, I reserve the balance of pilot of Flight 3379 had a history of results of the study. my time. similar pilot errors, and in fact he had The SPEAKER pro tempore. Pursu- Mr. LIPINSKI. Mr. Speaker, I yield been recommended for dismissal by an- ant to the rule, the gentleman from myself such time as I may consume. other airline which previously em- Tennessee [Mr. DUNCAN] and the gen- Mr. Speaker, I rise in strong support ployed him. His questionable training tleman from Illinois [Mr. LIPINSKI] of H.R. 3536, the Airline Pilot Hiring records from that previous airline were each will control 20 minutes. and Safety Act. not available to his new employer when The Chair recognizes the gentleman This bill will require an airline to ob- he was hired. from Tennessee [Mr. DUNCAN]. tain the records of a pilot from the pi- As USA Today reported: Mr. DUNCAN. Mr. Speaker, I yield lot’s previous employer before hiring ‘‘If [the pilot’s] training records had been myself such time as I may consume. that pilot. I think it’s clear to all of us shared, 15 people might not have died on De- Mr. Speaker, on Thursday, June 6, why this makes sense. We learned from cember 13, 1994, when a [commuter] plane the House Transportation and Infra- a 1994 crash in which the pilot flying crashed near Raleigh-Durham, N.C.’’ structure Committee reported the Air- that aircraft had been forced out by an- To quote further from the article: line Pilot Hiring and Safety Act, H.R. other carrier because of poor perform- ‘‘The FAA does not require airlines to ver- 3536, by voice vote. ance. At the hearing the Aviation Sub- ify flight experience; to check FAA records H8048 CONGRESSIONAL RECORD — HOUSE July 22, 1996 for accidents, violations, warnings or fines, that does not please either the pilot standards for pilot qualifications, an- or to check for criminal records.’’ (USA community or the airline community. other issue that pilots were concerned Today, September 26, 1995). It will please, and it should please, the about. Hiring in the airline industry is Mr. Speaker, on the 1-year anniver- traveling public. very cyclical, given the economics of sary of this terrible crash, as the fami- This is an issue that we have dealt aviation. When there is low demand for lies of the victims struggled to make with in the aviation subcommittee travel, there is low demand for pilots. sense of the tragedy, I introduced legis- over a period of 3 or 4 years, drawing Airlines can be choosy about who they lation to make sure that this kind of upon a recommendation several times select, and they can and do pick pilots accident would never happen again. I issued by the National Transportation with more experience and more train- testified before the House Aviation Safety Board that the transfer of train- ing. When demand is high, the airlines, Subcommittee, and in the following ing and employment records of pilots on simple supply and demand purposes, months, I worked closely with my good should be done and should be made hire pilots for less stringent criteria. friend, Aviation Subcommittee Chair- available from one airline to another This bill will require the initiation of man JOHN DUNCAN, to develop the bi- airline when a pilot is being considered a regulatory proceeding to determine partisan legislation before us today. for employment, changing employees, the appropriate standards, to screen pi- This bill, the ‘‘Duncan-Heineman and it should seem like a very straight- lots for psychomotor coordination, Airline Pilot Hiring Safety Act’’ will forward and simple action. But in fact general intellectual capacity, instru- require airlines that are preparing to it is not. It has taken us quite a long ment and mechanical comprehension, hire a new pilot request certain safety time to get to this point. physical fitness. records, some of which are maintained It is actually a very thorny thicket The bill will also establish minimum of issues that requires a balance of in- by the FAA, and many of which are standards for pilot training facilities to terests while insuring that the safety maintained by the airlines themselves. ensure that pilots will meet the new benefits of transferring those records This bill provides some necessary preemployment standards. protections from lawsuits for airlines are achieved, and the issues that have The bill also requires a study of arisen over a period of several years that share safety records as required whether existing minimum flight time are privacy for the pilots, liability for by law. The bill also gives pilots the requirements are sufficient to ensure pilots and for airlines, the employer opportunity to check the accuracy of safety in today’s increasingly sophisti- employee relationship. But I think all any records and requires that pilots cated and complicated aircraft. of those questions are met very respon- give their written approval before This bill is far greater than just sibly and very effectively in this legis- records are released. transfer of records and the very impor- Mr. Speaker, this is a good bill, a bi- lation. The National Transportation Safety tant issue of one airline knowing a pi- partisan bill that will go a long way to- Board has found in a number of acci- lot’s complete history. It sets stand- ward making our airlines even safer. I dent investigations that the pilot in- ards for a range of issues that I just de- want to thank Aviation Subcommittee volved had been dismissed from pre- scribed, it will elevate the whole qual- Chairman JOHN DUNCAN and Transpor- vious employers for poor performance. ity of airmanship in today’s highly tation Committee and Infrastructure But that history, those records, Mr. complicated pilot and cockpit environ- Chairman BUD SHUSTER for their in- Speaker, were not known to the cur- ment, and I think this legislation, I say valuable help in developing this criti- rent employer. Had it been known, the to my two colleagues, does a great cally needed legislation and bringing it pilot who caused or contributed to such service to the traveling public and to to the floor. I also want to commend accidents would not have been hired, in all of aviation for the future. It is a Representative JIM OBERSTAR, the all likelihood, or at least the airline quantum leap forward, and I commend ranking member of the Transportation doing hiring would have been able to both the gentleman from Tennessee Committee, and Representative WIL- know about the background and do fur- [Mr. DUNCAN] and the gentleman from LIAM LIPINSKI, the ranking member of ther checks and do further investiga- Illinois [Mr. LIPINSKI] on the splendid the Aviation Subcommittee for their tion of the qualifications of that appli- job they have done in bringing this hard work in helping to craft this bi- cant, and in some situations, very like- matter forward. I urge its enactment, partisan bill. ly, accidents could have been avoided. and I hope the other body will act I urge Members to support H.R. 3536. I expect that upon enactment and en- quickly upon it. Mr. LIPINSKI. Mr. Speaker, I yield forcement of this legislation, that an- Mr. DUNCAN. Mr. Speaker, I have no such time as he may consume to the other category of accidents will be additional speakers at this time, and I gentleman from Minnesota [Mr. OBER- eliminated, specifically accidents reserve the balance of my time. STAR], Mr. Aviation. caused by pilots who have previously Mr. LIPINSKI. Mr. Speaker, I yield Mr. OBERSTAR. Mr. Speaker, I been judged to be such poor pilots that myself such time as I may consume. thank the gentleman for those very they had to be terminated by their air- I am going to conclude here, and I kind remarks. line employer. simply want to make a couple of Mindful of Adlai Stevenson’s injunc- The chairman has thoroughly de- points. tion that it is all right to hear praise of scribed how the bill establishes a sys- First, when the gentleman from Ten- oneself as long as they do not inhale it, tem of record sharing with protections nessee [Mr. DUNCAN] and I referred to the two aviation leaders in this Con- for pilots. The gentleman from Illinois the gentleman from Minnesota [Mr. gress are the gentleman from Ten- [Mr. LIPINSKI] has elaborated on it. But OBERSTAR] as Mr. Aviation, there is no nessee, the chairman of the sub- I just want to emphasize how impor- jest in that whatsoever. We all sin- committee, and the gentleman from Il- tant it is that the pilots have the abil- cerely believe that he knows more linois [Mr. LIPINSKI], ranking members ity to correct their records, that they about aviation than any person we of the subcommittee, and I am very will know under this legislation when have run into in this country or in any grateful for the splendid work they their record are being transferred and country in the world. So we do not in have done in carrying on the bipartisan that they will have the ability to seek any way, shape, or form make light of tradition of our subcommittee on avia- damages against a person in their that. We are bestowing upon him a tion. former employer airline who may fal- title that we all sincerely believe. This legislation plugs a hole in the sify a pilot’s records. Those are very Second, I want to make the point aviation safety system to insure that important privacy and personal protec- that this bill really was a very difficult we take every step to make that sys- tions for pilots. They were right to be bill to work out a reasonable com- tem as safe as it can possibly be. Again concerned about those matters. Our promise on. We had the pilots on one our two leaders on this aviation sub- committee has been right to address side, the air carriers on another side, committee have worked in a bipartisan those issues and has addressed them and I salute the chairman for his fashion, very carefully and with great very effectively and soundly in this steady hand in bringing us to an out- legislative craftsmanship to address, as legislation. standing compromise. the gentleman from Illinois [Mr. LIPIN- Section 3 of the bill directs a rule- But, in all honesty, on this particular SKI] well put it, a measure and an issue making to establish new minimum piece of legislation I salute the staff July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8049 members on both sides who had to put According to the NTSB, the probable cause Following investigations involving pilot error, up with the arguments coming forth of the American Eagle flight 3379 accident the NTSB has repeatedly recommended that from the pilots and from the carriers, was pilot error. American Eagle failed to iden- the Federal Aviation Administration require and I know that that was no easy job tify, document, monitor, and remedy defi- substantive background checks on pilot appli- listening to them repeatedly, and for ciencies in pilot performance and training. cants, but the agency has failed to do so. The the legislation that they developed While the FAA requires airlines to conduct consequences have been tragic and need- along with the Members of the com- security checks of pilot applicants, there is no lessly so. mittee I strongly salute them. FAA requirement to verify flight experience, The airlines must know that their pilots are So once again I say I support this bill determine an applicant's safety/enforcement highly qualified, and the flying public deserves enthusiastically, and I yield back the history, pilot training and performance in the no less. At the request of Kelly Ciulla's moth- balance of my time. pilot's previous position, or any criminal or er, Maureen Ryan, I cosponsored a similar bill Mr. DUNCAN. Mr. Speaker, I yield driving history. introduced by Congressman HEINEMAN in myself such time as I may consume to H.R. 3536 requires an airline to obtain the whose congressional district the flight 3379 simply echo the remarks of the rank- records of a pilot from the pilot's previous em- crash occurred. H.R. 3536 before us today ing member, the gentleman from Illi- ployer before hiring that pilot. The bill requires has evolved from the bill. Requiring pilot back- nois [Mr. LIPINSKI]. In fact, a few min- airlines to keep pilot records for up to 5 years, ground checks is purely common sense and utes ago I whispered to Dave Schaffer, and allows pilots full access to their records not without precedent in other industries. The our very fine staff director for the sub- and notice of whenever records are being pro- railroads, trucking companies, defense con- committee, that I thought many people vided. The bill also provides immunity to air- tractors, and many school districts follow this watching the discussion on the Child lines unless the airline knowingly lies about practice when they hire an employee. Pilot Safety Act and the Airline Pilot the pilot's record. I commend the leadership for bringing this Hiring and Safety Act, these 2 bills, I would like to note for the record that the H.R. 3536 to the floor, and I urge my col- would not fully realize that if we had airline pilots have raised some legitimate con- leagues to support this long overdue legisla- gone too far in either direction on ei- cerns about this bill. They argue that many tion that will save lives. ther one of these bills, we could have pilot training records are subjective, and re- Mr. DUNCAN. Mr. Speaker, I yield turned either or both of these bills into quiring record sharing and background checks back the balance of my time. something very, very controversial, will result in the sanitization of pilot records to The SPEAKER pro tempore (Mr. and instead everyone has worked to- protect pilots' careers. This, they argue, would COBLE). The question is on the motion gether in a very bipartisan and a very have the effect of making the system less offered by the gentleman from Ten- cordial fashion to fashion legislation safe. nessee [Mr. DUNCAN] that the House While I understand the pilots' concerns, I that I think merits the support of all of suspend the rules and pass the bill, believe the bill before strikes a reasonable bal- our colleagues. And I, too, like Mr. LI- H.R. 3536, as amended. ance between safety and privacy. And the bill PINSKI, want to thank the staff for The question was taken. does directly address another concern the pi- some outstanding work on these two Mr. DUNCAN. Mr. Speaker, on that I lot's raised by requiring the FAA to issue a bills, and also thank once again the demand the yeas and nays. proposed rule within 18 months establishing gentleman from Illinois [Mr. LIPINSKI] The yeas and nays were ordered. minimum standards for pilot qualifications. Mr. SPEAKER pro tempore. Pursu- and the gentleman from Minnesota The airline pilots are right on target when [Mr. OBERSTAR], and I urge passage of ant to clause 5 of rule I and the Chair’s they note that one way to address the safety prior announcement, further proceed- this bill. issue is for the FAA to standardize and tighten Mr. TRAFICANT. Mr. Speaker, as a mem- ings on this motion will be postponed. pilot hiring standards. f ber of the Transportation and Infrastructure I would also repeat that the bill allows pilots Subcommittee on Aviation, I rise in strong to sue airlines if an airline lied about a pilot. b 1315 support of H.R. 3536. The bill also includes clear language safe- Over the past 8 years, there have been NATIONAL TRANSPORTATION guarding the privacy of pilot records. SAFETY BOARD AMENDMENTS eight commercial airplane crashesÐall but On balance, this is a good bill and I urge all OF 1996 one on small airlines. According to the Na- Members to support it. tional Transportation Safety Board, five of Mr. LAZIO of New York. Mr. Speaker, I rise Mr. DUCAN. Mr. Speaker, I move to these crashes are attributable to pilot error. In in strong support of the Airline Pilot Hiring and suspend the rules and pass the bill at least four of these fatal accidents, the em- Safety Act, H.R. 3536, which we are consider- (H.R. 3159) to amend title 49, United ploying airline was not aware that the pilots ing today. This bill requires an airline to per- States Code, to authorize appropria- had documented histories of poor performance form a background check on a pilot before tions for fiscal years 1997, 1998, and 1999 with other airlines that had employed them. that individual can be hired. It also requires for the National Transportation Safety One of these crashes occurred on Decem- the FAA to establish minimum standards for Board, and for other purposes, as ber 13, 1994, when American Eagle flight pilot qualifications, and work with the Depart- amended. 3379 on route from Greensboro, NC to Ra- ment of Defense to determine if military pilot The Clerk read as follows: leigh-Durham crashed four miles short of the records should be available to civilian airlines H.R. 3159 runway while attempting an instrument con- seeking to hire former military pilots. Privacy Be it enacted by the Senate and House of Rep- trolled landing in poor weather conditions. safeguards are incorporated into the bill. resentatives of the United States of America in Thirteen passengers and the two crew mem- Without question, the vast majority of airline Congress assembled, bers were killed. pilots are well-qualified individuals with impec- SECTION 1. SHORT TITLE. The pilot, Capt. Mike Hillis, was hired by cable records. Nevertheless, pilot error occurs This Act may be cited as the ‘‘National American Eagle just 4 days after he was and there have been accidents because the Transportation Safety Board Amendments of forced to quit by his previous employer be- pilot's flying history was not known to the cur- 1996’’. cause of poor piloting skills. American Eagle rent employer. A tragic case in point was the SEC. 2. TERMS OF OFFICE. American Eagle flight 3379 crash on Decem- (a) IN GENERAL.—Section 1111(d) of title 49, had no knowledge of his prior poor perform- United States Code, is amended by striking ance ratings. ber 13, 1994 near Raleigh-Durham Airport. the third sentence and inserting the follow- One of the passengers who died on flight This accident took the lives of the 15 people, ing: ‘‘The term of office of the Chairman 3379 was William Gibson of Kernersville, NC. including my Long Island constituent, Kelly shall be 4 years and the term of the Vice Mr. Gibson's mom, Mary Ann Gibson and his Ciulla. The National Transportation Safety Chairman shall be 2 years.’’. sister, Susan Gibson Berson, testified before Board found that pilot error was the probable (b) APPLICABILITY.—The amendment made the Aviation subcommittee last December. The cause. Disturbingly, the pilot has a history of by subsection (a) shall only apply to persons Gibsons are residents of Warren, OH in my poor performance with errors similar to those designated as Chairman of the National congressional district. Mary Ann's husband, that contributed to this crash and was forced Transportation Safety Board after the date of the enactment of this Act. Howard Gibson, passed away on January 20. to quit his previous job with another airline be- SEC. 3. FOREIGN INVESTIGATIONS. Howard was also here when his wife testified. cause of his poor piloting skills. However, Section 1114 of title 49, United States Code, I can't think of a more fitting tribute to this American Eagle was not aware of the pilot's is amended— beautiful family than to get this legislation en- flight record because this information is not (1) in subsection (a) by striking ‘‘(b) and acted into law. traditionally shared among the airlines. (c)’’ and inserting ‘‘(b), (c), and (e)’’; and H8050 CONGRESSIONAL RECORD — HOUSE July 22, 1996 (2) by adding at the end the following: The Chair recognizes the gentleman Fifth, we also give the NTSB author- ‘‘(e) FOREIGN INVESTIGATIONS.— from Tennessee [Mr. DUNCAN]. ity to withhold voluntarily provided ‘‘(1) IN GENERAL.—Notwithstanding any Mr. DUNCAN. Mr. Speaker, I yield safety information. At this time, the other provision of law, neither the Board, myself such time as I may consume. nor any agency receiving information from NTSB learns of safety problems only the Board, shall disclose records or informa- Mr. Speaker, the Transportation and after there has been an accident. A tion relating to its participation in foreign Infrastructure Committee, under the major initiative in the aviation com- aircraft accident investigations; except outstanding leadership of its chairman, munity is to try to spot trends or un- that— Mr. SHUSTER, reported H.R. 3159 on safe practices before they cause an ac- ‘‘(A) the Board shall release records per- May 9. The Aviation Subcommittee cident. This initiative could be accom- taining to such an investigation when the and the Railroad Subcommittee held a plished by voluntarily sharing data country conducting the investigation issues joint hearing on the needs and con- among airlines and with the Govern- its final report or 2 years following the date cerns of the National Transportation of the accident, whichever occurs first; and ment. However, many are reluctant to ‘‘(B) the Board may disclose records and Safety Board on March 6. do this because they fear possible re- information when authorized to do so by the I must say that I have been very im- percussions if the information was re- country conducting the investigation. pressed with the work of the NTSB leased. ‘‘(2) SAFETY RECOMMENDATIONS—Nothing in under the leadership of Chairman Jim Let me say that the Aviation Sub- this subsection shall restrict the Board at Hall. committee recently held a hearing re- any time from referring to foreign accident The NTSB has responded extremely garding protections for whistleblowers investigation information in making safety well to the recent airline tragedies in- recommendations.’’. in the aviation industry. I think we volving ValuJet and TWA. The profes- will continue to look at this issue. SEC. 4. PROTECTION OF VOLUNTARY SUBMIS- sionalism and dedication, in often very SION OF INFORMATION. Sixth, and finally, H.R. 3159 allows Section 1114(b) of title 49, United States tough an demanding situations, should the NTSB to charge a reasonable fee Code, is amended by adding at the end the be heeded by several other Federal for courses given to non-Board mem- following; agencies and Departments. bers. The NTSB conducts safety-relat- ‘‘(3) PROTECTION OF VOLUNTARY SUBMISSION H.R. 3159, authorizes appropriations ed classes and this provision will allow OF INFORMATION.—Notwithstanding any other for fiscal years 1997, 1998, and 1999 for them to recoup some of its cost for provision of law, neither the Board, nor any the National Transportation Safety. conducting these classes. agency receiving information from the H.R. 3159 has six components that I So, we have a very fine bill which I Board, shall disclose voluntarily provided will briefly outline. First, the typical feel very confident every Members of safety-related information if that informa- NTSB reauthorization has been 3 years tion is not related to the exercise of the the House can support. Board’s accident or incident investigation and this bill contains a 3-year reau- thorization. Mr. Speaker, I reserve the balance of authority under this chapter and if the my time. Board finds that the disclosure of the infor- Second, for this current fiscal year, mation would inhibit the voluntary provi- the committee had authorized $45.1 Mr. LIPINSKI. Mr. Speaker, I yield sion of that type of information.’’. million dollars, however the Appropria- myself as much time as I may SEC. 5. TRAINING. tions Committee appropriated a level consume. Section 1115 of title 49, United States Code, of $38.8 million. Let me say that the Mr. Speaker, I join the chairman in is amended by adding at the end the follow- authorization levels in this bill are not expressing my strong support for H.R. ing: those that were reported in the origi- 3159, the National Transportation Safe- ‘‘(d) TRAINING OF BOARD EMPLOYEES AND nal bill. They have been adjusted to re- ty Board Amendments of 1996. This leg- OTHERS.—The Board may conduct training of flect what the House has recently ap- islation reauthorizes the NTSB for 3 its employees in those subjects necessary for years, and makes a number of changes the proper performance of accident inves- proved in this year’s Department of tigations. The Board may also authorize at- Transportation appropriations bill, requested by the NTSB to allow the tendance at courses given under this sub- H.R. 3675. So, this bill authorizes $42.4 Board to continue its excellent work. section by other governmental personnel, million for fiscal year 1997, $44.46 mil- As this bill moved through the personnel of foreign governments, and per- lion for fiscal year 1998, and $45.0 mil- Transportation and Infrastructure sonnel from industry or otherwise who have lion for fiscal year 1999. Committee, I repeatedly observed that a requirement for accident investigation The first year’s authorization rep- the NTSB is probably the most re- training. The Board may require non-Board spected Government entity in the Unit- personnel to reimburse some or all of the resents a 9.3 percent increase from the training costs, and amounts so reimbursed fiscal year 1996 appropriated level, and ed States. Since the committee re- shall be credited to the appropriation of the it provides an adequate increase in the ported this legislation, we have wit- ‘National Transportation Safety Board, Sal- remaining 2 years, which results in a nessed two devastating aircraft crashes aries and Expenses’ as offsetting collec- 6.2 percent increase between 1997 and that have focused the Nation’s atten- tions.’’. 1999. I think these levels will allow the tion on the NTSB’s work. In the most SEC. 6. AUTHORIZATION OF APPROPRIATIONS. NTSB to adequately perform its mis- difficult of circumstances, the NTSB Section 1118(a) of title 49, United States sion. works with local, State, and Federal Code, is amended— Third, the bill extends the term of entities as well as with the families of (1) by striking ‘‘and’’; and accident victims. And the Board is not (2) by inserting before the period at the end the NTSB chairman from 2-years to 4- of the first sentence the following: ‘‘, years. NTSB argued that it has had just involved in aviation—the NTSB $42,407,000 for fiscal year 1997, $44,460,000 for rapid turnover in its chairmanship and leads investigations of accidents in fiscal year 1998, and $45,040,000 for fiscal year that a 4-year term would promote lead- every mode of transportation. As we 1999’’. ership stability. Many other agency discuss this reauthorization on the SEC. 7. REPORTS ON SAFETY RECOMMENDA- chairman have terms of 4 years or floor today, it is important for us to TIONS. more so we are not doing anything out recognize the public service performed Section 1135(d) of title 49, United States of the ordinary here. by the Board. They are a critical ele- Code, is amended— Fourth, we also have a provision in ment of our national transportation (1) by striking ‘‘January 1’’ and inserting system. ‘‘January 31’’; H.R. 3159 that would allow the NTSB to (2) by inserting ‘‘or any other officer of the withhold foreign accident information. Mr. Speaker, as requested by the Department of Transportation’’ after ‘‘to the Currently, many foreign aviation au- NTSB, H.R. 3159 extends the Chair- Secretary’’; and thorities will not give accident infor- man’s term for future Chairmen from 2 (3) by inserting ‘‘or such officer’s’’ after mation to the NTSB for fear that the years to 4 in an effort to promote lead- ‘‘the Secretary’s’’. Board will have to release it to the erships stability. It also enables the The SPEAKER pro tempore (Mr. public under the Freedom of Informa- Board to fully participate in foreign in- COBLE). Pursuant to the rule, the gen- tion Act. As a result, Board employees vestigations by providing protection tleman from Tennessee [Mr. DUNCAN] must travel to foreign countries or em- from Freedom of Information Act re- and the gentleman from Illinois [Mr. bassies to review data. This is costly quests for a 2-year period. Our inten- LIPINSKI] will each be recognized for 20 and inefficient. We correct this prob- tion is not to keep information from minutes. lem in our bill. the public. Rather, the measure simply July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8051 enhances the NTSB’s access to infor- cause from which can come regulatory improve and make it better, especially mation that will lead to improvements action to prevent such tragedies in the with air passenger traffic going up as in aviation safety. future. much as it is, and it is going to shoot The bill also encourages data sharing We gather this afternoon in the after- way up in these next 10 years, possibly programs among the FAA, NTSB, and math of another unspeakable tragedy. to as many as 1 billion passengers a the aviation community by prohibiting Again we see the professionalism and year. So we have got a lot of work to the Board from disclosing voluntarily the integrity of the NTSB managing do. provided safety information. By shar- the investigation of this tragic acci- We should note that unfortunately as ing information before an accident oc- dent. We have come to rely upon NTSB many people are killed on the high- curs, we can save lives. The legislation as the front line of defense in aviation ways in this Nation every 4 months as establishes a framework which will en- safety. They are the first ones who deal have been killed in all of these U.S. able this to occur. with the families of the victims of aviation accidents combined since the Mr. Speaker, the legislation we are tragedies. They are the first ones on Wright brothers’ flight. We have an considering today contains higher the scene with the expertise to sift aviation system that the world looks funding levels than those contained in through the wreckage and come to an up to and that we should be proud of. the introduced bill. This slightly high- understanding of how it came about, We should reassure the flying public er authorization in the out years, along what caused it, and then what should that our aviation system in this coun- the lines of an amendment offered by be done to prevent future accidents. I try is very, very safe, and we are going Mr. OBERSTAR during committee mark- have such enormous respect for all to do everything we can to make it up, will enable the NTSB to increase those who are the first on the scene safer. That is why we can all be so its workforce by some 20 employees. In who have to deal with the grisly re- proud not only of our FAA reform leg- recent months, with the ValuJet crash sults of an tragic accident. We should islation but of these bills today. in the Florida Everglades and the TWA give them our total support. This legis- Mr. Speaker, I urge passage of this crash last week off Long Island, it has lation is a very strong move in the final bill, H.R. 3159. become even clearer to me that the right direction. Mr. Speaker, I reserve the balance of NTSB needs every resource it can get. I greatly appreciate again the work my time. I want to thank the ranking member of of Chairman DUNCAN, Ranking Member Mr. LIPINSKI. Mr. Speaker, I yield the committee, Mr. OBERSTAR, for his LIPINSKI, and our staff who on both myself such time as I may consume. leadership on this issue, and both sides of the aisle have worked together Mr. Speaker, in conclusion I simply Chairman SHUSTER and Chairman DUN- very hard to come to a resolution of is- want to say that we have the safest air- CAN for their willingness to work with sues so that we can bring to this body line system in the world. The gen- us. The higher funding level makes this a truly bipartisan piece of legislation tleman from Minnesota, [Mr. OBER- a better bill for the American people. that must be enacted. STAR], Chairman DUNCAN, myself and Mr. Speaker, I yield such time as he Mr. DUNCAN. Mr. Speaker, I yield all other members of the Subcommit- may consume to the gentleman from myself such time as I may consume. tee on Aviation of the Committee on Minnesota [Mr. OBERSTAR]. Mr. Speaker, let me say that I rise to Transportation and Infrastructure of Mr. OBERSTAR. Mr. Speaker, I once again thank our two outstanding the House of Representatives will do thank the gentleman for yielding me ranking members, the gentleman from and have done everything we possibly the time. Minnesota [Mr. OBERSTAR], and the can to continue to improve airline Mr. Speaker, I strongly support H.R. gentleman from Illinois [Mr. LIPINSKI]. safety in this Nation. We are passing 3 3159, to reauthorize the National All three of these bills that we have bills today that deal with airline safe- Transportation Safety Board. I appre- had on the floor today pertain to avia- ty. There is much more to be done, but ciate the very thorough, complete ex- tion safety. We just, of course, have I am sure that we are up to the chal- planations provided by the chairman of been through two terrible tragedies lenge. We will do it. the committee, the gentleman from with the ValuJet crash and the TWA I want to say that Chairman DUNCAN Tennessee [Mr. DUNCAN], and the rank- crash. The sympathy of every Member is a man who I sincerely appreciate ing member, the gentleman from Illi- of this body goes out to the family working with because he is very easy nois [Mr. LIPINSKI], on the details of members of the victims of those trage- to work with, he is very understanding, this administration. I just want to ad- dies. In fact I think on our subcommit- and he is very committed to aviation dress the issue about the NTSB, about tee we see that tragedy closer up than safety and the improvement of aviation which I have had such very deep and almost any other Member of this body in this Nation and, quite frankly, in strong admiration for many years. because we have heard in just recent this world. b weeks from the family members of To have a man with the experience of 1330 some of these victims. I think that we the gentleman from Minnesota, [Mr. In the end we have worked it out. I are going to produce legislation in the OBERSTAR] serving on this subcommit- am very appreciative of the consider- next few weeks or months that will tee and, of course, on the full commit- ation Chairman SHUSTER has given to help improve the treatment of family tee has been of enormous help to my- this issue, the work that Chairman members of victims of these tragedies self and to Chairman DUNCAN. I want to DUNCAN has done and the digging in of and hopefully will produce legislation state publicly I appreciate the work my good colleague from Illinois who to make our airports even more secure. that both of those gentlemen have done has worked so hard to achieve the reso- These bills today, along with the leg- in regard to aviation. I ask everyone’s lution that we came to in this legisla- islation that we approved in March to support of this bill for the National tion today that will increase the work reform the FAA, are the first major Transportation Safety Board, particu- force to 370 employees. overhaul of our civil aviation law since larly because there is another great If ever there were a question about 1958, a major step that we took if Tennessean that is the chairman of the value, the significance, the objec- passed by the Senate. I think the mem- that board. tivity, and the meticulous workman- bers of the public should know that we Tennessee has sent us outstanding ship of this small, effective agency, the are not sitting idly by, that the Mem- public people: Davy Crockett, Sam National Transportation Safety Board, bers of this body are doing everything Houston, Andrew Jackson, BOB CLEM- surely any concerns were put to rest by possible to make sure that our aviation ENT, Jim Hall, and, the most outstand- its work on the tragic ValuJet crash in system becomes even safer. ing of all, Chairman DUNCAN. Florida. Although we do not have as I think we should note that we have Mr. Speaker, I yield back the balance yet a probable cause, I am certain that by far the safest aviation system in the of my time. the workmanlike job of the NTSB in- world. We have had a little over 12,900 Mr. DUNCAN. Mr. Speaker, I have no vestigators, that the continuing metic- deaths in all U.S. aviation accidents further requests for time, and I yield ulous metallurgical studies that are combined since the Wright brothers’ back the balance of my time. being done and other work will lead flight of 1903. Even one death is too The SPEAKER pro tempore (Mr. NTSB to a determination of probable many. We need to work constantly to COBLE). The question is on the motion H8052 CONGRESSIONAL RECORD — HOUSE July 22, 1996

offered by the gentleman from Ten- termined by the Secretary, the District of tleman from Texas [Mr. STENHOLM] nessee [Mr. DUNCAN] that the House Columbia, the Virgin Islands, Guam, the each will control 20 minutes. suspend the rules and pass the bill, Commonwealth of the Northern Mariana Is- The Chair recognizes the gentleman H.R. 3159, as amended. lands, and the Commonwealth of Puerto from Texas [Mr. COMBEST]. Rico, and any such other possessions and Mr. COMBEST. Mr. Speaker, I yield The question was taken. areas over which the United States exercises Mr. DUNCAN. Mr. Speaker, on that I myself such time as I may consume. jurisdiction, control, or sovereignty. Inclu- Mr. Speaker, H.R. 3665 is a short demand the yeas and nays. sion of other areas over which the United The yeas and nays were ordered. States exercises jurisdiction, control, or sov- bill—it simply transfers the authority The SPEAKER pro tempore. Pursu- ereignty shall be subject to the concurrence to conduct the Census on Agriculture ant to clause 5 of rule I and the Chair’s of the Secretary of State. from the Secretary of Commerce to the prior announcement, further proceed- ‘‘(5) The Secretary of Commerce may, upon Secretary of Agriculture and elimi- ings on this motion will be postponed. written request of the Secretary of Agri- nates this authority from the Sec- culture, furnish any information collected f retary of Commerce as of October 1, under title 13, United States Code, which the 1998. GENERAL LEAVE Secretary of Agriculture considers necessary This census authority change was for the taking of a census or survey under one that the Senate wanted to include Mr. DUNCAN. Mr. Speaker, I ask this subsection. Any information so fur- unanimous consent that all Members nished may not be used for any purpose other as part of the 1996 farm bill. However, may have 5 legislative days within than the statistical purposes for which it is we completed the farm bill conference which to revise and extend their re- supplied. before we on the House side had a marks on all three of the bills just con- ‘‘(6) The Secretary of Agriculture shall, chance to clear this change with the sidered, H.R. 3267, H.R. 3536, and H.R. upon written request of the Secretary of Government Reform Committee. 3159. Commerce, furnish any information col- I, along with Chairman ROBERTS and The SPEAKER pro tempore. Is there lected in a census taken under this sub- all the other members of the Agri- section which the Secretary of Commerce objection to the request of the gen- culture Committee, want to thank all considers necessary for the taking of a cen- the members and staff of the Govern- tleman from Tennessee? sus or survey under title 13, United States There was no objection. Code. Any information so furnished may not ment Reform Subcommittee on Na- f be used for any purpose other than the sta- tional Security, International Affairs, tistical purposes for which it is supplied. and Criminal Justice, Chairman ZELIFF CENSUS OF AGRICULTURE ACT OF ‘‘(7) Any rules or regulations necessary to and his ranking member, Mrs. 1996 carry out this subsection may be prescribed THURMAN, for their help in accommo- Mr. COMBEST. Mr. Speaker, I move by— dating this move—everyone worked to suspend the rules and pass the bill ‘‘(A) the Secretary, to the extent that mat- very hard to get this bill put together ters within the jurisdiction of the Secretary (H.R. 3665) to transfer to the Secretary very quickly. are involved; and In order to cope with the continuing of Agriculture the authority to con- ‘‘(B) the Secretary of Commerce, to the ex- duct the census of agriculture, as tent that matters within the jurisdiction of move to streamline and downsize Fed- amended. the Secretary of Commerce are involved.’’. eral agencies, it has become apparent The Clerk read as follows: (b) CONFORMING AMENDMENTS.—Effective that moving the authority to conduct H.R. 3665 October 1, 1998— the Census on Agriculture from Com- (1) section 142 of title 13, United States Be it enacted by the Senate and House of Rep- merce to USDA makes sense, from both Code, and the item relating to section 142 in resentatives of the United States of America in an administrative and cost-effective the table of sections for chapter 5 of such Congress assembled, point of view. In fact, the fiscal year title 13, are repealed; and 1997 Agriculture appropriations bill has SECTION 1. SHORT TITLE. (2) section 343(a)(11)(F) of the Consolidated This Act may be cited as the ‘‘Census of Farm and Rural Development Act (7 U.S.C. already shifted the $17 million in fund- Agriculture Act of 1996’’. 1991(a)(11)(F)) is amended by inserting ‘‘or ing for the Census on Agriculture to SEC. 2. TRANSFER TO THE SECRETARY OF AGRI- section 526(c) of the Revised Statutes (7 USDA, rather than the Department of CULTURE OF THE AUTHORITY TO U.S.C. 2204(c)), as the case may be,’’ before Commerce. CONDUCT THE CENSUS OF AGRI- ‘‘except’’. By moving the authority to conduct CULTURE SEC. 3. PROVISIONS RELATING TO CONFIDEN- the census over to USDA, it allows the (a) IN GENERAL.—Section 526 of the Revised TIALITY OF INFORMATION. Statutes (7 U.S.C. 2204) is amended by adding Department of Commerce to free up (a) INFORMATION FURNISHED TO THE DE- at the end the following. the funds otherwise obligated for this ‘‘(c)(1) The Secretary shall, in 1998 and in PARTMENT OF AGRICULTURE.— census; eliminates the need for a spe- every 5th year beginning after 1998, take a (1) AUTHORITY TO FURNISH INFORMATION.— cific line-item in the Commerce De- census of agriculture. In connection with Section 9(a) of title 13, United States Code, is amended by striking ‘‘chapter 10 of this partment’s appropriation; and locates each such census, the Secretary may conduct the census at the agency with the big- any survey or other data collection, and em- title—’’ and (2) CONFIDENTIALITY OF INFORMATION.—Sec- gest interest in the ag census, without ploy any sampling or other statistical meth- tion 1770(d)(5) of the Food Security Act of od, that the Secretary determines is nec- precluding USDA from working with 1985 (7 U.S.C. 2276(d)(5)) is amended to read as essary and appropriate. the Commerce Department on actually ‘‘(2) The data collected in each census follows: getting the work done. ‘‘(5) subsections (a) and (c) of section 526 of taken under this subsection shall relate to Mr. Speaker, I reserve the balance of the Revised Statues (7 U.S.C. 2204(a) and the year immediately preceding the year in my time. (c));’’. which the census is taken. Mr. STENHOLM. Mr. Speaker, I yield (b) INFORMATION FURNISHED TO THE DE- ‘‘(3) Any person who refuses or neglects to myself such time as I may consume. answer questions submitted to such person PARTMENT OF COMMERCE.— (1) AUTHORITY TO FURNISH INFORMATION.— Mr. Speaker, I rise today in support in connection with a census or survey under Section 1770 of the Food Security Act of 1985 of H.R. 3665, the Census of Agriculture this subsection, or who answers any such is amended by adding at the end the follow- Act of 1996. I would simply like to reit- questions falsely, shall be subject to section ing: 221 of title 13, United States Code, to the erate to my colleagues what my col- ‘‘(e) Nothing in this section shall be con- same extent and in the same manner as if— league the gentleman from Texas [Mr. sidered to prohibit any release of informa- ‘‘(A) section 142 of such title 13 had re- COMBEST] has already said, and that is tion under section 526(c)(6) of the Revised mained in effect; and that this bill does not change the defi- Statutes (7 U.S.C. 2204(c)(6)).’’. ‘‘(B) the census or survey were a census or nition of what constitutes a farm nor (2) CONFIDENTIALITY OF INFORMATION.—In- survey under such section 142, rather than does it decrease the amount of funding under this subsection. formation furnished under section 526(c)(6) of the Revised Statutes shall, for purposes of available for other discretionary ac- The failure or refusal on the part of any per- section 9 and 214 of title 13, United States tivities within the Department of Agri- son to disclose such person’s social security Code, be treated as if it were information culture. number in response to a request made in con- furnished under the provisions of such title This legislation simply moves the ad- nection with any census or other activity 13. under this subsection shall not be a violation ministration of the ag census from the under the preceding sentence. The SPEAKER pro tempore. Pursu- Bureau of the Census within Commerce ‘‘(4) Each census under this subsection ant to the rule, the gentleman from to the Department of Agriculture. Sec- shall include each State, and as may be de- Texas [Mr. COMBEST] and the gen- retary Glickman has indicated that he July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8053 will charge the National Agriculture and farm definitions, not so the Bureau lent example of cooperation between Statistics Service with continuing to of Census. various agencies, cooperation between carry out an agricultural census every Also, the Bureau of Census has seen various committees that will now 5 years. The Ag Statistics Service its budget cut in this particular area 31 allow us to do the most efficient census within USDA is well suited to take percent. That means they are not going possible with the least amount of tax- over the responsibilities for carrying to be spending as much time focusing payer resources and the best utiliza- out the census activities, as they al- on what it is that makes up farming tion of all of the talents available in ready maintain a network in every and what is important to farmers. I be- agriculture already there in order to do state that allows them to put out State lieve that this consolidation moving to the job that needs doing for American by State reports weekly and major re- USDA will also integrate the agri- agriculture. ports throughout the year. These re- culture statistic programs of the two Mr. Speaker, I yield back the balance ports are utilized by all segments of departments and eliminate duplication of my time. the agricultural sector in this country and promote efficiency. The Bureau of Mr. COMBEST. Mr. Speaker, I yield and every by our foreign competitors. Census, I am happy to say supports this myself such time as I may consume. I am pleased that Secretary Glick- move as well. Mr. Speaker, I conclude and say I ap- man took the initiative in forging this The USDA has indicated that at least preciate the cooperation of my col- compromise with the Department of in the foreseeable future, the near fu- league, the gentleman from Texas [Mr. Commerce as well as the Office of Man- ture, they do not foresee changing the STENHOLM], the comments of the gen- agement and Budget to ensure the via- threshold definition of farming, that is tleman from West Virginia [Mr. WISE], bility of the ag census for future years. changing the threshold definition from and would urge our colleagues to sup- I would also like to thank our col- the present $1,000. That means that port this legislation under the suspen- leagues on the Committee on Govern- there would not be an immediate in- sion. ment Reform and Oversight for their crease to 5- or, even as had been pro- Mr. Speaker, I yield back the balance cooperation in ensuring the passage of posed in the Bureau of Census, to of my time. H.R. 3665 and urge my colleagues to $10,000. If that threshold level is raised The SPEAKER pro tempore (Mr. support the passage of this legislation. to $10,000, 78 percent of West Virginia COBLE). The question is on the motion Mr. Speaker, I yield such time as he farms will no longer be defined as a offered by the gentleman from Texas may consume to the gentleman from farm and therefore not be eligible for [Mr. COMBEST] that the House suspend West Virginia [Mr. WISE]. favorable tax treatments in certain in- the rules and pass the bill, H.R. 3665, as Mr. WISE. Mr. Speaker, I thank the stances nor will they count towards the amended. gentleman from Texas [Mr. STENHOLM] formula monies for various agriculture The question was taken; and (two- and I thank the gentleman from Texas programs, including Soil Conservation thirds having voted in favor thereof), [Mr. COMBEST]. This is truly a great Service and agricultural research ef- the rules were suspended and the bill, Texas piece of legislation, but it is forts. as amended, was passed. very, very important for West Virginia. I think this is an extremely impor- A motion to reconsider was laid on Let me just say that I appreciate also tant piece of legislation. I just want the table. the full committee chair of both the the chairman to know, and the ranking f Committee on Agriculture and the member, that just as recently as this Committee on Government Reform and weekend at various functions people GENERAL LEAVE Oversight for their efforts as well. were coming up to me and saying what Mr. COMBEST. Mr. Speaker, I ask Mr. Speaker, this is a very important is being done about the farm threshold. unanimous consent that all Members bill, particularly for rural States, rural Am I going to be a farmer or not? I was may have 5 legislative days in which to areas, and particularly for States that happy to tell them that it is on the revise and extend their remarks on have farming of the type that West floor Monday afternoon and that it H.R. 365, the bill just passed. Virginia does. should be voted on. The SPEAKER pro tempore. Is there Now, of course this bill will go to the b 1345 objection to the request of the gen- Senate, so it is important that the Sen- tleman from Texas? If this piece of legislation did not go ate as well, the other body, take this There was no objection. through, West Virginia will be the piece of legislation up. There is no con- f most seriously affected State of any troversy that I can see. It seems to be State in the Nation in terms of losing widely supported. The Bureau of Cen- RECESS its definition of family farm and losing sus supports it. The United States De- The SPEAKER pro tempore. Pursu- a lot of farms that presently benefit partment of Agriculture supports it. ant to clause 12 of rule I, the House from that definition. West Virginia We have got the Agriculture Commit- stands in recess until approximately 3 presently has over 17,000 farms that are tees, the Government Reform Commit- p.m. defined as farms by the Department of tees supporting it. So, clearly it ought Accordingly (at 1 o’clock and 50 min- Census, that is, they have sales in ex- to be able to move quickly and get to utes p.m.), the House stood in recess cess of $1,000. Raising that to $10,000 the President and we can end this anxi- until approximately 3 p.m.) would cause 78 percent of our farms in ety that presently a lot of farmers in f the State to lose that definition. my State and many other States are What that means then is that we undergoing as they wonder whether or b 1503 would be greatly impacted, farmers not they are going to see their farm AFTER RECESS would not be able to receive certain continue with the farm status which tax, favorable tax treatment, the dis- entitled them to certain preferential The recess having expired, the House tribution of research funds for farms tax treatments as well as figuring into was called to order by the Speaker pro would be altered and also for college the formula monies for agricultural tempore (Mr. COBLE) at 3 o’clock and 3 agricultural programs as well as the al- functions such as soil conservation and minutes p.m. location of soil conservation efforts. So ag research. f clearly this is a very, very significant So I thank once again those who DISTRICT OF COLUMBIA piece of legislation for much of rural made this possible. Let me just say of APPROPRIATIONS ACT, 1997 West Virginia and much of rural Amer- the 17,020 family farms in West Vir- ica. ginia, 13,274, or 78 percent, are very, The SPEAKER pro tempore. Pursu- Simply, what it does is to move the very grateful to us for moving this bill ant to the order of the House on Thurs- census functions from the Bureau of to the floor so quickly. day, July 18, 1996 and rule XXIII, the Census to the United States Depart- Mr. STENHOLM. Mr. Speaker, I yield Chair declares the House in the Com- ment of Agriculture. That is important myself such time as I may consume. mittee of the Whole House on the State because the USDA obviously has clear Mr. Speaker, just in conclusion, I of the Union for the consideration of experience with working with farms might point out that this is an excel- the bill, H.R. 3845. H8054 CONGRESSIONAL RECORD — HOUSE July 22, 1996 b 1504 employees to improve productivity and that it spends up to the appropriated IN THE COMMITTEE OF THE WHOLE management skills. amount regardless of what its revenues Accordingly the House resolved itself Public school reform was an impor- are. By doing that, it goes further and into the Committee of the Whole House tant part of our bill last year. One of further into debt. I do not believe the on the State of the Union for the con- the major items carried in that reform city can spend itself into prosperity. It sideration of the bill (H.R. 3845) mak- legislation was the authorization of must eliminate its deficit spending ing appropriations for the government public charter schools. This bill in- which amounts to only 1 or 2 percent of of the District of Columbia and other cludes $2.8 million to fund 5 charter the total operating budget. A major concern of several of our activities chargeable in whole or in schools in fiscal year 1997 that will en- committee members is the city’s pro- part against the revenues of said Dis- roll 450 to 600 students. posal to finance the operating deficits. trict for the fiscal year ending Septem- We recommend a total of $718 million By saying that, what we are talking ber 30, 1997, and for other purposes, in Federal funds consisting of a Federal payment of $660 million which is the about is further borrowing, both long with Mr. HASTINGS of Washington in and short-term. This will divert scarce the chair. same as last year, the regular annual operating revenues from education, The Clerk read the title of the bill. Federal contribution to the police, fire, The CHAIRMAN. Pursuant to the teachers, and judges retirement funds from social programs, from public safe- order of the House of Thursday, July of $52 million, and $5.7 million to cover ty and street repair to interest costs 18, 1996, the bill is considered as having the expenses incurred by the District paid to the bondholders. The District is been read the first time. in connection with the Presidential in- considering submitting a proposal to The gentleman from New York [Mr. augural activities. borrow $500 million over 15 years to WALSH] and the gentleman from Cali- The bill is within our 602(b) alloca- pay off the accumulated debt and fi- fornia [Mr. DIXON] will each control 30 tion of $718 million in budget authority nance future deficits. It would require minutes. and outlays. repayments of $935 million in addition The Chair recognizes the gentleman Mr. Chairman, in order to show con- to the $480 million payback on the fis- from New York [Mr. WALSH]. tinuous progress toward balancing the cal year 1991 deficit borrowing. These Mr. WALSH. Mr. Chairman, I yield District’s budget, we have included lan- paybacks shift over $600 million from myself such time as I may consume. guage in section 141 starting on page 45 city programs to interest payments for (Mr. WALSH. asked and was given of the bill that holds the deficit down bondholders. This proposal is not good permission to revise and extend his re- to $40 million rather than the $99 mil- news for current and future District marks.) lion that was proposed by city officials taxpayers and must be restudied with Mr. WALSH. Mr. Chairman, I am and the Control Board. I have met sep- the objective of spending tax dollars on pleased this afternoon to present to the arately with the Mayor and the Con- city programs and not on interest House for its consideration the District trol Board chairman and I believe this costs. Just as the city cannot spend it- of Columbia appropriations bill for fis- reduction of $59 million in the deficit self into prosperity, it cannot borrow cal year 1997. Our many months of pub- projection is eminently achievable itself into prosperity. Hard decisions lic hearings, meetings, and negotia- without affecting basic city services. must be made. tions have produced a strong bipartisan Some concern has been expressed Mention was made several times last agreement that takes the next step to- that we are cutting too much in this year that our fiscal 1996 bill was a bad ward reduced deficits, reduced borrow- budget. Some clarification is required bill because we reduced the budget and ing, and a balanced budget. as to what is meant by cutting. What in effect were telling the District that This is the second budget for the Dis- we are cutting, Mr. Chairman, is the it could not spend all the revenues it trict of Columbia government that I increase in spending. We are not cut- generates. The problem with that criti- have presented. I am happy to report ting below last year’s spending level. In cism is the District’s revenue projec- that the District government, with the fact, the budget reflects increases of tions were overly optimistic by at least help of the Financial Control Board, is $114 million above last year’s level. $116 million and possibly by $150 mil- making progress, perhaps not as quick- What we are saying to the District in lion. Had we not made spending reduc- ly as some of us would like, but this bill is that it can spend the in- tions and instead had accepted the progress. crease of $114 million if it has the reve- city’s budget, the fiscal 1996 deficit In addition to the Control Board, the nues. The message to the District is do would now be $270 million rather than independent Chief Financial Officer has not finish fiscal year 1997 with a deficit the $116 million projected. So we made been in place now for several months of more than $40 million. the right decision last year by reducing and seems to be getting a handle on the In the financial crisis that the city the expenditure level because the reve- District’s finances. In last year’s bill, finds itself in, I believe this is a reason- nue collections are nowhere near what we included language that gave him able approach that will keep the city they had projected. Had we accepted control over all accounting, budget, from going even deeper into debt. This the Control Board’s numbers, the defi- and financial management personnel. I 1-percent reduction pales in compari- cit would have been $245 million. With believe he is doing an outstanding job. son to the action taken by the New the spending we agreed to in con- He is bringing accountability to the York City Financial Control Board in ference last year, the deficit was esti- District’s finances. He, of course, its first year. According to testimony mated at $20 million, four-tenths of one works closely with the Control Board we received earlier this month from percent, an amount we thought the so that what he does is within the pa- General Accounting Office officials, city and the Control Board would work rameters set by the board. New York City’s control board in its with and hopefully eliminate. As we Mr. Chairman, we have approved over first year of operation implemented a found out since, the deficit will be 99 percent of the consensus budget sub- work force reduction of 13 percent from higher because of the overly optimistic mitted jointly by the Mayor, the City the previous year’s level and it froze revenue projections. Council, and the Control Board. This the wages of the remaining city em- Mr. Chairman, it is imperative that bill will provide the District govern- ployees for 3 years. Philadelphia’s con- the major structural problems facing ment with a total budget of $5.155 bil- trol board in its first year renegotiated the city be dealt with in an aggressive lion for fiscal year 1997. That amount all labor agreements which led to a 33- and bold manner. The Federal Govern- includes $5.108 billion in operating ex- month wage freeze and extensively re- ment, the District government, and our penses and $47 million in capital out- structured health benefits, paid holi- regional partners all share responsibil- lay. days, and sick leave. ity for our Nation’s Capital. We must In the operating expenses category, I wanted to make that point clear. address in a comprehensive and coordi- the bill includes an additional $44 mil- The reduction we are recommending is nated manner the city’s delivery of lion for police and fire protection over from the increase requested, not from services such as health care, correc- last year’s appropriation. We also rec- last year’s appropriation or their base. tions, and other State and county func- ommend the requested $8.5 million for One of the serious problems with the tions. I noticed in the press that the increased training of current District District’s financial management is City Council is having some difficulty July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8055 in doing what has to be done regarding Porter, and take a special time to say lowed for insurance programs to carry a new retirement system for police of- that in the minority we do not have domestic partners on the District side ficers, firefighters, and teachers. I un- the large staff that the majority has. and on the private side offered a tax in- derstand that that has been revisited Cheryl Smith, who is an assistant to centive to private business to do so. and some progress has been made but it me, a staff assistant to me on the Sub- This bill, as usual, carries a prohibition is only temporary and it must be made committee on the District of Columbia, against the implementation of that. permanent. We were promised last Oc- operates on three other committees Once again, I think it is certainly ap- tober that necessary action would be and in fact does an excellent job. I ap- propriate that the District be allowed, taken last December. This is an issue preciate the time and the effort that as States do, to make up their own de- that must be resolved in a way that she gives me. cisions on these matters. As many peo- does not bankrupt the city. We have I think, Mr. Chairman, that this ple have pointed out, we have not been confidence in the Mayor, the Chief Fi- marks a significant turn in the D.C. ap- elected to be members of the City nancial Officer, the City Council, and propriations bill but also the finances Council. Certainly, although Members the Control Board to accomplish these of the District. I would have to point of this House may disagree with a par- difficult but absolutely necessary out that the District, under the super- ticular rule or regulation of our own tasks. vision of the Control Board, is now city council, we do not have the re- In closing, I want to thank all the making arrangements to borrow short sponsibilities to curtail that; but here, members of our subcommittee for their term from Wall Street, which I think is because of the financing situation, we assistance in bringing this bill to the an encouraging sign that Wall Street certainly do. House floor—the gentleman from Texas thinks that they are moving in the In all, Mr. Chairman, this is a very [Mr. BONILLA]; the gentleman from right direction. fine bill. I also would like to thank the AVIS Georgia [Mr. KINGSTON]; the gentleman This bill comes to us without con- gentleman from Virginia [Mr. D ], the chairman of the authorizing com- from New Jersey [Mr. FRELINGHUYSEN]; troversy for the first time. The District the gentleman from Wisconsin [Mr. of Columbia, the city council, the mittee, and the gentlewoman from the District of Columbia [Ms. NORTON], his NEUMANN]; the gentleman from Mis- Mayor, the Control Board, and we here ranking member, for their outstanding sissippi [Mr. PARKER]; the gentleman in Congress, at least our subcommit- work. In my view, the next big text for from California [Mr. DIXON], the rank- tee, agrees as to what the figures ing member of our subcommittee who should be, and there is no controversy the District is the strategic plan that is developed by the Financial Control preceded me as chairman; the gen- surrounding that. Board. tleman from New York [Mr. SERRANO]; I would like to take time to point out two or three issues. The first one is the I think that we have to wake up and the gentlewoman from Ohio [Ms. every day and remind ourselves that KAPTUR]. I especially want to thank unfunded liability of the pension plan. As the chairman of the committee in- the Financial Control Board has really the gentleman from Louisiana [Mr. stepped in to do a job for Congress, LIVINGSTON], the chairman of the Com- dicated, we are providing $52 million. The President had sent up $102 million that it is a noncompensated board, it mittee on Appropriations; and the gen- has five District residents who are dis- tleman from Wisconsin [Mr. OBEY], our to try to relieve the unfunded liability that the District has in its pension tinguished Americans in their own ranking minority member, for their as- right and that they are doing an excel- plan. I do not excuse the fact that, sistance in allowing this bill to come lent job. But the next 10 months is since the District took over the pen- to the floor today. going to be a very difficult time for the sion plan, they have continued the b 1515 District, and I think this bill is a step twice-a-year COLA’s. As the chairman Also, Mr. Chairman, I want to thank in the right direction. pointed out, they have been slow to Mr. Chairman, I reserve the balance the staff for a job well done: John Sim- move on the issue of reforming their of my time. mons of my staff; Mike Fischetti, who pension plan. Mr. WALSH. Mr. Chairman, I yield 4 is on detail from the GAO; Mary Por- I must point out that at the time the minutes to the distinguished gen- ter, who is extraordinary in her tech- District took over the pension plan, tleman from Virginia [Mr. DAVIS], the nical expertise, she is on detail from there was a $2.7 billion deficit. We chairman of the subcommittee. the District Government; and Migo move $2.7 billion of liability from the Mr. DAVIS. Mr. Chairman, I thank Miconi, the subcommittee clerk. They Federal Government to the District my friend for yielding me the time. I make a great team, and I appreciate all Government. Also, I must point out want to compliment him and the rank- the work they do. that it has about doubled. But the ing member, the gentleman from Cali- Mr. Chairman, I believe the bill we point that I would like to make is, no, fornia [Mr. DIXON], for their yoeman’s bring to the committee this afternoon it is true that the District cannot work on behalf of the District of Co- is a good bill, one that is fair not only spend its way out of this financial cri- lumbia in trying to work through what to the city government but also to Dis- sis nor can it entirely cut its way out has been a very, very difficult financial trict taxpayers. I strongly recommend of this financial crisis. crisis. this bill to my colleagues and urge an This body must recognize that we As we look at the situation today and ‘‘aye’’ vote. have responsibilities, particularly to compare it to even a year ago, we have Mr. Chairman, I reserve the balance that pension plan to come up with a re- really made progress. That is some- of my time. vised program to make it financially times lost sight of in light of the head- (Mr. DIXON asked and was given per- sound. I would also like to point out, lines that come out every day with the mission to revise and extend his re- Mr. Chairman, two measures, although continuing problems that the city has. marks.) I do support the bill, that I disagree But if we go back a year, we have re- Mr. DIXON. Mr. Chairman, I yield with. One is the prohibition against duced the number of employees in the myself such time as I may consume. any funds for abortion, either Federal city by several thousand over what it Mr. Chairman, I rise in support of or District funds except to save the life was a year ago, and that is total reduc- H.R. 3844. Let me say this year that the of the mother, rape or incest. tion. That is not just moving them off gentleman from New York [Mr. It seems to me that we allow all 50 budget into enterprise funds and the WALSH], the chairman of the commit- States to make those decisions. The like. We find that there is a certain tee, should be congratulated for reach- Supreme Court has said that States level of stability now to city spending, ing out in a bipartisan way in an effort can promulgate reasonable rules on and we are trying to bring some ac- to keep extraneous material and legis- abortion. I think that we should allow countability to the managers in the lative issues off of the District of Co- the District to do the same that we do city in terms of what they spend with lumbia appropriation bill. in our independent States. the advent of the Control Board and Let me also commend the chairman The second one is the Domestic Part- the CFO, both of which I think are of the committee, along with the fine ners Act. Some years ago, I think 4, doing yoeman’s work, as well. staff that he has, Migo Miconi, John the District of Columbia passed a Do- We have brought honest answers to Simmons, Mike Fischetti, and Mary mestic Partners Act which basically al- the process, something we have not H8056 CONGRESSIONAL RECORD — HOUSE July 22, 1996 seen for many years here on Capitol We have reached a regional agree- budget, including deep cuts; a govern- Hill in terms of having some level of ment on the authorizing side to make ment shutdown of the District requir- confidence in the financial numbers sure this has happened, and that has al- ing the District to pay a full week’s that are offered to the Congress by the ready passed this body. So we made salary for locked-out employees; and 7 District of Columbia. I think this has progress in this region as well. There is months delay in receipt of the full Fed- been borne out by the fact that the one piece of legislation in this that I eral payment, driving the District city is now able to go out to the pri- have, after extensive discussions with deeper into insolvency. vate financial markets, at least on the chairman and ranking member who In these and other actions, the Con- short-term borrowing. I think we still also support it, and that is extending gress must accept a heavy share of the have a ways to go over the long term, the powers given to the chief financial responsibility for the alarming deterio- but we have made this in a year trying officer. That was put in originally last ration of city services and the hasten- to work together on a bipartisan basis. year to hire and fire the executive ing of taxpayer flight. The District has We have had our disagreements along branch of the accounting, budget and lost more residents in the first half of the way, but I think the bill this year financial management personnel dur- the 1990’s than it lost in the 1980’s with represents a very good effort toward ing the control period. no State to help it out and a Congress bringing some structure and financial We recognize that personnel changes that refuses to meet any of its obliga- stability to the city and I rise in sup- are going to have to be made, and we tions. The city is stranded and it is port of it. As the gentleman from New know where the buck is stopping. We sinking. York [Mr. WALSH] says, we cannot want to give the chief financial officer Although this is the Capital of the spend our way to prosperity. As the and the Control Board the appropriate United States and this body bears con- gentleman from California [Mr. DIXON] level of responsibility in doing that. stitutional responsibility for this city, has said, we cannot cut ourselves out With that responsibility comes the au- Congress has done nothing to help D.C. of the financial situation. thority in some of these cases to make get back on its feet since the Financial I think the current issue that re- these changes. Authority bill was enacted in April mains before this body as it works its In all, I just want to compliment the 1995. There has been no action whatso- way through conference is, the larger chairman and ranking member. I think ever, even on those matters for which the debt, of course, the more that will we have all learned a lot over the last there is 100-percent congressional re- have to be financed in the off years. I year and a half trying to work together sponsibility. Costs that are the most think that has been the intention of toward a very, very difficult problem responsible for bringing the city down, the committee, to try to bring down for this city, this region, and this coun- ironically, are not found in the city’s that annual deficit so it would not try. We are making headway. I am dysfunctional bureaucracy but in con- have to be financed and paid for in hopeful that this bill will be passed later years when the city will be scarce gressionally mandated State costs. through the House and go on to the on money. Without action on these congressional I also want to just share my concern Senate. responsibilities, the Capital of the that we do this in an appropriate fash- Mr. DIXON. Mr. Chairman, I yield 9 United States cannot revive and will ion so that needed services are not cut. minutes to the distinguished Delegate not survive. from the District of Columbia, [Ms. As we work our way through the proc- b 1530 NORTON.] ess, I know we have the assurances of These include the $2.7 billion in un- both the chairman and ranking mem- Ms. NORTON. Mr. Chairman, I thank the ranking member for yielding me funded pension liability, now more bers that this will be done in a con- than doubled at $5 billion, largely be- structive manner to continue to work the time. I want to thank him and the chairman of the committee for their cause of interest on the original $2.5 with the Control Board, continuing to billion. This liability that was incurred work with the chief financial officer of very hard work and for quickly dispos- exclusively on Congress’ watch before the city to make sure this is done ap- ing of this appropriation. home rule. propriately. I thank the chairman as well for The District, on the other hand, has Having said that, this bill adds some meeting with the Mayor and the Chair- been meeting its pension obligations by money in some critical places. Public man of the Control Board before his safety money is fully funded. We are bill came to committee finally. I thank fully funding these pensions since they including $2.8 million for public char- both Members even as I indicate, as were handed to the District in 1980. ter schools which were part of the pub- they have not, that I am greatly dis- Over $300 million, or 10 percent, of tax lic school reform legislation that appointed in this bill. I am left and the raised revenue goes to pay pensions left passed the Congress last year. We are District is left with no alternative, unfunded by this body. The administra- restoring salary and overtime pay however. tion asked for a small additional sum rollbacks for the police and fire depart- A year ago, Congress established a of $52 million to add to the small $52 ments, something that is long overdue. Financial Authority or control board million congressional contribution for We are spending more on the health to help the District move out of insol- the District in this year’s budget. Even of the indigent by increasing the sub- vency. The Authority here is like the this nominal amount was removed by sidy to District General Hospital. This control boards in Philadelphia and New the Committee on Appropriations. helps lower the burden across the re- York. By this time, however, those Is there to be no end to unfairness to gion, not just in the District of Colum- cities have made significantly more the city? Nor has this House responded bia in terms of the health care costs. progress than D.C. has made. The dif- any better to what should be done for Congress has stepped up in the budget ference almost entirely is the strategy State responsibilities that no city in this year, I think to try to make sure being used to resuscitate the city’s the United States has ever carried or that we are caring for that in an appro- economy. The only strategy the Con- could possibly carry today. The Dis- priate manner. gress has allowed for D.C. is the trict has the lowest contribution for This is important to the region, both downsizing of its government. Medicaid and is the only city that Maryland and Virginia, and District New York and Philadelphia returned must pay for the State and county residents. We are providing for the re- to solvency through the use of more share while one in four residents are on payment to the water and sewer fund comprehensive approaches that rebuilt Medicaid. of $91 million borrowed by the general those cities even as they were being Such expenses will doom the city to fund to pay for their past operating ex- downsized. These included new sources permanent insolvency. More than two- penditures. These were in the past paid of revenue and takeover of functions by thirds of the States, 37 of them get a for in a very general sense by the rate- their States. higher Federal contribution to Medic- payers, many of them in the suburbs. It Look now at the first year of the Dis- aid than the District of Columbia. Even would be paid for, instead of being in- trict working with its control board. the GAO in recent testimony ques- vested in Blue Plains, were spent for This first year will be remembered for tioned the wisdom of leaving these some of the city operating budget defi- second-guessing of the board, even costs off the table while trying to re- cit. So that is in this as well. after its exhaustive scrubbing of the vive the District. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8057 My friends, this body is pretending. Mr. DIXON. Mr. Chairman, I have no electronic device without intervening The cost of the pretense amounts to a further requests for time, and I yield business, provided that the time for sacrifice of the Capital of the United back the balance of my time. voting by electronic device on the first States. Mr. WALSH. Mr. Chairman, I yield in any series of questions shall not be As if to add insult to multiple inju- myself such time as I may consume. I less than 15 minutes. ries, this year’s appropriation takes a will be brief in closing. After the reading of the final lines of budget already cut over $100 million by Mr. Chairman, I would like to thank the bill, a motion that the Committee the control board and the city and cuts everyone involved for their support in of the Whole rise and report the bill to it an additional $60 million. this process and I certainly want to the House with such amendments as The cut comes disguised as a $40 mil- thank the efforts of the authorizing may have been adopted shall, if ordered lion deficit cap that is tied to the city’s committee and the subcommittee by the majority leader or a designee, declining revenues. The cut ignores chair, the gentleman from Virginia have precedence over a motion to budget savings of $141 million that the [Mr. DAVIS], and the ranking member, amend. city will realize through layoffs, con- the gentlewoman from the District of The Clerk will read. tracting out of services, reductions in Columbia [Ms. NORTON]. While they The Clerk read as follows: Medicaid spending, welfare reform and may not agree totally with what we H.R. 3845 procurement reform, just to name a have proposed, they are urging support Be it enacted by the Senate and House of Rep- few of the structural initiatives con- of the bill, and I thank them for that. resentatives of the United States of America in tained in the city’s consensus budget. There has been some progress, Mr. Congress assembled, That the following sums Chairman. It is difficult to see at are appropriated, out of any money in the The monolithic downsizing strategy Treasury not otherwise appropriated, for the this body has adopted amounts to no times, but I think we need to stop and look and see how far we have come. District of Columbia for the fiscal year end- strategy at all. In the appropriation ing September 30, 1997, and for other pur- process we are abandoning the central The financial control board has begun poses, namely: to put some muscle into new manage- strategy we adopted when we author- FEDERAL PAYMENT TO THE DISTRICT OF ment in the District, especially in the ized the Financial Authority. For very COLUMBIA good reason, this Congress gave the chief financial officer position. The For payment to the District of Columbia city 4 years to return to solvency. CFO is beginning to make his mark in for the fiscal year ending September 30, 1997, Downsizing needs to be planned and terms of strengthening the discipline of $660,000,000, as authorized by section 502(a) of precise or it will take down services the financial management of the Dis- the District of Columbia Self-Government with it. We are cutting the budget as trict of Columbia. and Governmental Reorganization Act, Pub- We have much better numbers now. lic Law 93–198, as amended (D.C. Code, Sec. we must, but in the process we are 47–3406.1). slaughtering the city. For the first time in a long time we are getting into a range where we can FEDERAL CONTRIBUTION TO RETIREMENT Residents who remained in the city count on the numbers that we are get- FUNDS through years of management prob- ting from the city. The city is moving For the Federal contribution to the Police lems are giving up and leaving as serv- toward restructuring some of its non- Officers and Fire Fighters’, Teachers’, and ices dissolve before they can be fixed essential services. The control board is Judges’ Retirement Funds, as authorized by because of a speedup in downsizing. the District of Columbia Retirement Reform proposing a strategic plan which we all This appropriation accelerates the Act, approved November 17, 1979 (93 Stat. 866; await with great anticipation, because downsizing far faster than the Finan- Public Law 96–122), $52,070,000. that truly will be the path that we fol- cial Authority recommended in its ob- PRESIDENTIAL INAUGURATION low to take this city out of its crisis. jective findings. For payment to the District of Columbia in The deficits are going down. The re- As the city moved toward insolvency, lieu of reimbursement for expenses incurred ceiver of the city housing department in connection with Presidential inauguration I never asked this body to spare it reports progress. Blue Plains is becom- downsizing or cuts. They were clearly activities, $5,702,000, as authorized by section ing a regional facility. Spending is 737(b) of the District of Columbia Self-Gov- necessary. I was the first to step for- under control. High government pay- ernment and Governmental Reorganization ward to indicate that a control board rolls are being reduced. Act, Public Law 93–198, as amended (D.C. was necessary. All I have asked is that Have we been tough, Mr. Chairman? Code, sec. 1–1803), which shall be apportioned downsizing be done in a way that is fair Yes, we have. But sometimes tough by the Chief Financial Officer within the various appropriation headings in this Act. to the innocent bystanders. They are love is required to get the proper out- my constituents, not the D.C. Govern- come. No doubt that we all love this DIVISION OF EXPENSES ment. They are my constituents, our city greatly, all of us. All of us come at The following amounts are appropriated residents, who are second per capita in it from a different point of view, but for the District of Columbia for the current fiscal year out of the general fund of the Dis- Federal income taxes. They deserve far this is our Nation’s Capital. It is a better from the city and the Congress trict of Columbia, except as otherwise spe- marvelous place. It is the seat of de- cifically provided. than the appropriation before us al- mocracy. It is the envy of the world. lows. GOVERNMENTAL DIRECTION AND SUPPORT We cannot do any less than be tough to Governmental direction and support, Yet I have no choice but to ask Mem- get it back on its road to recovery. bers to approve this appropriation. An $115,663,000 and 1,440 full-time equivalent po- I urge my colleagues to support this sitions (including $98,691,000 and 1,371 full- appropriation that does harm will do bill. time equivalent positions from local funds, more harm if it is delayed, as it was Mr. Chairman, I thank my colleagues $12,192,000 and 8 full-time equivalent posi- last year. for their indulgence, and I yield back tions from Federal funds, and $4,780,000 and However, I take this opportunity to the balance of my time. 61 full-time equivalent positions from other ask my colleagues to make this the The CHAIRMAN. All time for general funds): Provided, That funds expended for the last year that the city stands alone, debate has expired. Executive Office of the Mayor are not to ex- with a Congress that insists, as it Pursuant to the order of the House of ceed $1,753,000: Provided further, That not to exceed $2,500 for the Mayor, $2,500 for the should, that the city meet its obliga- Thursday, July 18, 1996, the bill shall be Chairman of the Council of the District of tion, while the same Congress ignores considered for amendment under the 5- Columbia, and $2,500 for the City Adminis- its unique responsibilities and the minute rule. trator shall be available from this appropria- weight of its own heavy hand in keep- The Chairman of the Committee of tion for official purposes: Provided further, ing the city down. A city left twisting the Whole may postpone until a time That any program fees collected from the is- in the wind long enough will fall. If the during further consideration in the suance of debt shall be available for the pay- Capital of the United States falls, the Committee of the Whole a request for a ment of expenses of the debt management sound will be heard around the world. recorded vote on any amendment and program of the District of Columbia: Pro- vided further, That no revenues from Federal Mr. WALSH. Mr. Chairman, I have no may reduce to not less than 5 minutes sources shall be used to support the oper- further requests for time, and I reserve the time for voting by electronic de- ations or activities of the Statehood Com- the balance of my time and the right to vice on any postponed question that mission and Statehood Compact Commis- close. immediately follows another vote by sion: Provided further, That the District of H8058 CONGRESSIONAL RECORD — HOUSE July 22, 1996 Columbia shall identify the sources of fund- (88 Stat. 1090; Public Law 93–412; D.C. Code, equivalent positions from Federal funds, and ing for Admission to Statehood from its own sec. 11–2601 et seq.), for the fiscal year ending $7,928,000 and 32 full-time equivalent posi- locally-generated revenues. September 30, 1997, shall be available for ob- tions from other funds), for the public ECONOMIC DEVELOPMENT AND REGULATION ligations incurred under the Act in each fis- schools of the District of Columbia; $2,835,000 Economic development and regulation, cal year since inception in fiscal year 1975: from local funds for public charter schools: $135,704,000 and 1,501 full-time equivalent po- Provided further, That funds appropriated for Provided, That if the entirety of this alloca- sitions (including $67,196,000 and 720 full-time expenses under the District of Columbia Ne- tion has not been provided as payments to equivalent positions from local funds, glect Representation Equity Act of 1984, ef- one or more public charter schools by May 1, $45,708,000 and 524 full-time equivalent posi- fective March 13, 1985 (D.C. Law 5–129; D.C. 1997, and remains unallocated, the funds will tions from Federal funds, and $22,800,000 and Code, sec. 16–2304), for the fiscal year ending revert to the general fund of the District of 257 full-time equivalent positions from other September 30, 1997, shall be available for ob- Columbia in accordance with section funds): Provided, That the District of Colum- ligations incurred under the Act in each fis- 2403(a)(2)(D) of the District of Columbia bia Housing Finance Agency, established by cal year since inception in fiscal year 1985: School Reform Act of 1995 (Public Law 104– section 201 of the District of Columbia Hous- Provided further, That funds appropriated for 134); $88,100,000 from local funds for the Dis- ing Finance Agency Act, effective March 3, expenses under the District of Columbia trict of Columbia Teachers’ Retirement 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), Guardianship, Protective Proceedings, and Fund; $69,801,000 and 917 full-time equivalent based upon its capability of repayments as Durable Power of Attorney Act of 1986, effec- positions (including $38,479,000 and 572 full- determined each year by the Council of the tive February 27, 1987 (D.C. Law 6–204; D.C. time equivalent positions from local funds, District of Columbia from the Housing Fi- Code, sec. 21–2060), for the fiscal year ending $11,747,000 and 156 full-time equivalent posi- nance Agency’s annual audited financial September 30, 1997, shall be available for ob- tions from Federal funds, and $19,575,000 and statements to the Council of the District of ligations incurred under the Act in each fis- 189 full-time equivalent positions from other Columbia, shall repay to the general fund an cal year since inception in fiscal year 1989: funds) for the University of the District of amount equal to the appropriated adminis- Provided further, That not to exceed $1,500 for Columbia; $22,429,000 and 415 full-time equiv- trative costs plus interest at a rate of four the Chief Judge of the District of Columbia alent positions (including $21,529,000 and 408 percent per annum for a term of 15 years, Court of Appeals, $1,500 for the Chief Judge full-time equivalent positions from local with a deferral of payments for the first of the Superior Court of the District of Co- funds, $446,000 and 6 full-time equivalent po- three years: Provided further, That notwith- lumbia, and $1,500 for the Executive Officer sitions from Federal funds, and $454,000 and 1 standing the foregoing provision, the obliga- of the District of Columbia Courts shall be full-time equivalent position from other tion to repay all or part of the amounts due available from this appropriation for official funds) for the Public Library; $2,220,000 and 9 shall be subject to the rights of the owners of purposes: Provided further, That the District full-time equivalent positions (including any bonds or notes issued by the Housing Fi- of Columbia shall operate and maintain a $1,757,000 and 2 full-time equivalent positions nance Agency and shall be repaid to the Dis- free, 24-hour telephone information service from local funds and $463,000 and 7 full-time trict of Columbia government only from whereby residents of the area surrounding equivalent positions from Federal funds) for available operating revenues of the Housing Lorton prison in Fairfax County, Virginia, the Commission on the Arts and Humanities: Finance Agency that are in excess of the can promptly obtain information from Dis- Provided, That the public schools of the Dis- amounts required for debt service, reserve trict of Columbia government officials on all trict of Columbia are authorized to accept funds, and operating expenses: Provided fur- disturbances at the prison, including es- not to exceed 31 motor vehicles for exclusive ther, That upon commencement of the debt capes, riots, and similar incidents: Provided use in the driver education program: Pro- service payments, such payments shall be de- further, That the District of Columbia gov- vided further, That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the posited into the general fund of the District ernment shall also take steps to publicize President of the University of the District of of Columbia. the availability of the 24-hour telephone in- Columbia, and $2,000 for the Public Librarian formation service among the residents of the PUBLIC SAFETY AND JUSTICE shall be available from this appropriation for area surrounding the Lorton prison: Provided Public safety and justice, including pur- official purposes: Provided further, That not further, That not to exceed $100,000 of this ap- chase of 135 passenger-carrying vehicles for less than $9,200,000 shall be available from propriation shall be used to reimburse Fair- replacement only, including 130 for police- this appropriation for school repairs in a re- fax County, Virginia, and Prince William type use and five for fire-type use, without stricted line item: Provided further, That not County, Virginia, for expenses incurred by regard to the general purchase price limita- less than $1,200,000 shall be available for the counties during the fiscal year ending tion for the current fiscal year, $1,041,281,000 local school allotments in a restricted line September 30, 1997, in relation to the Lorton and 11,842 full-time equivalent positions (in- item: Provided further, That not less than cluding $1,012,112,000 and 11,726 full-time prison complex: Provided further, That such $4,500,000 shall be available to support kin- equivalent positions from local funds, reimbursements shall be paid in all instances dergarten aides in a restricted line item: Pro- $19,310,000 and 112 full-time equivalent posi- in which the District requests the counties vided further, That not less than $2,800,000 tions from Federal funds, and $9,859,000 and 4 to provide police, fire, rescue, and related shall be available to support substitute full-time equivalent positions from other services to help deal with escapes, fires, teachers in a restricted line item: Provided funds): Provided, That the Metropolitan Po- riots, and similar disturbances involving the further, That not less than $1,788,000 shall be lice Department is authorized to replace not prison: Provided further, That the Mayor available in a restricted line item for school to exceed 25 passenger-carrying vehicles and shall reimburse the District of Columbia Na- counselors: Provided further, That this appro- the Fire Department of the District of Co- tional Guard for expenses incurred in con- priation shall not be available to subsidize lumbia is authorized to replace not to exceed nection with services that are performed in the education of nonresidents of the District five passenger-carrying vehicles annually emergencies by the National Guard in a mili- of Columbia at the University of the District whenever the cost of repair to any damaged tia status and are requested by the Mayor, in of Columbia, unless the Board of Trustees of vehicle exceeds three-fourths of the cost of amounts that shall be jointly determined the University of the District of Columbia the replacement: Provided further, That not and certified as due and payable for these adopts, for the fiscal year ending September to exceed $500,000 shall be available from this services by the Mayor and the Commanding 30, 1997, a tuition rate schedule that will es- appropriation for the Chief of Police for the General of the District of Columbia National tablish the tuition rate for nonresident stu- prevention and detection of crime: Provided Guard: Provided further, That such sums as dents at a level no lower than the non- further, That the Metropolitan Police De- may be necessary for reimbursement to the resident tuition rate charged at comparable partment shall provide quarterly reports to District of Columbia National Guard under public institutions of higher education in the the Committees on Appropriations of the the preceding proviso shall be available from metropolitan area. House and Senate on efforts to increase effi- this appropriation, and the availability of HUMAN SUPPORT SERVICES the sums shall be deemed as constituting ciency and improve the professionalism in Human support services, $1,685,707,000 and payment in advance for emergency services the department: Provided further, That not- 6,344 full-time equivalent positions (includ- involved. withstanding any other provision of law, or ing $961,399,000 and 3,814 full-time equivalent Mayor’s Order 86–45, issued March 18, 1986, PUBLIC EDUCATION SYSTEM positions from local funds, $676,665,000 and the Metropolitan Police Department’s dele- Public education system, including the de- 2,444 full-time equivalent positions from Fed- gated small purchase authority shall be velopment of national defense education pro- eral funds, and $47,643,000 and 86 full-time $500,000: Provided further, That the District of grams, $758,815,000 and 11,276 full-time equiv- equivalent positions from other funds): Pro- Columbia government may not require the alent positions (including $632,379,000 and vided, That $24,793,000 of this appropriation, Metropolitan Police Department to submit 10,045 full-time equivalent positions from to remain available until expended, shall be to any other procurement review process, or local funds, $98,479,000 and 1,009 full-time available solely for District of Columbia em- to obtain the approval of or be restricted in equivalent positions from Federal funds, and ployees’ disability compensation: Provided any manner by any official or employee of $27,957,000 and 222 full-time equivalent posi- further, That the District of Columbia shall the District of Columbia government, for tions from other funds), to be allocated as not provide free government services such as purchases that do not exceed $500,000: Pro- follows: $573,430,000 and 9,935 full-time equiv- water, sewer, solid waste disposal or collec- vided further, That funds appropriated for ex- alent positions (including $479,679,000 and tion, utilities, maintenance, repairs, or simi- penses under the District of Columbia Crimi- 9,063 full-time equivalent positions from lar services to any legally constituted pri- nal Justice Act, approved September 3, 1974 local funds, $85,823,000 and 840 full-time vate nonprofit organization (as defined in July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8059 section 411(5) of Public Law 100–77, approved CERTIFICATES OF PARTICIPATION LOTTERY AND CHARITABLE GAMES ENTERPRISE July 22, 1987) providing emergency shelter For lease payments in accordance with the FUND services in the District, if the District would Certificates of Participation involving the For the Lottery and Charitable Games En- not be qualified to receive reimbursement land site underlying the building located at terprise Fund, established by the District of pursuant to the Stewart B. McKinney Home- One Judiciary Square, $7,926,000. Columbia Appropriation Act for the fiscal less Assistance Act, approved July 22, 1987 HUMAN RESOURCES DEVELOPMENT year ending September 30, 1982, approved De- (101 Stat. 485; Public Law 100–77; 42 U.S.C. cember 4, 1981 (95 Stat. 1174, 1175; Public Law 11301 et seq.). For Human resources development, includ- ing costs of increased employee training, ad- 97–91), as amended, for the purpose of imple- PUBLIC WORKS ministrative reforms, and an executive com- menting the Law to Legalize Lotteries, Public works, including rental of one pas- pensation system, $12,257,000. Daily Numbers Games, and Bingo and Raffles senger-carrying vehicle for use by the Mayor for Charitable Purposes in the District of Co- COST REDUCTION INITIATIVES and three passenger-carrying vehicles for use lumbia, effective March 10, 1981 (D.C. Law 3– by the Council of the District of Columbia The Chief Financial Officer of the District 172; D.C. Code, secs. 2–2501 et seq. and 22–1516 and purchase of passenger-carrying vehicles of Columbia shall, on behalf of the Mayor et seq.), $247,900,000 and 100 full-time equiva- for replacement only, $247,967,000 and 1,252 and under the direction of the District of Co- lent positions (including $7,850,000 and 100 full-time equivalent positions (including lumbia Financial Responsibility and Man- full-time equivalent positions for adminis- $234,391,000 and 1,149 full-time equivalent po- agement Assistance Authority, make reduc- trative expenses and $240,050,000 for non-ad- sitions from local funds, $3,047,000 and 32 full- tions of $47,411,000 and 2,411 full-time equiva- ministrative expenses from revenue gen- time equivalent positions from Federal lent positions as follows: $4,488,000 in real es- erated by the Lottery Board), to be derived funds, and $10,529,000 and 71 full-time equiva- tate initiatives, $6,317,000 in management in- from non-Federal District of Columbia reve- lent positions from other funds): Provided, formation systems, $2,271,000 in energy cost nues: Provided, That the District of Columbia That this appropriation shall not be avail- initiatives, $12,960,000 in purchasing and pro- shall identify the source of funding for this able for collecting ashes or miscellaneous curement initiatives, and workforce reduc- appropriation title from the District’s own refuse from hotels and places of business. tions of 2,411 full-time positions and locally-generated revenues: Provided further, $21,375,000. WASHINGTON CONVENTION CENTER FUND That no revenues from Federal sources shall TRANSFER PAYMENT CAPITAL OUTLAY be used to support the operations or activi- ties of the Lottery and Charitable Games For payment to the Washington Conven- (INCLUDING RESCISSIONS) Control Board. tion Center Enterprise Fund, $5,400,000 from For construction projects, an increase of local funds. $46,923,000 (including an increase of CABLE TELEVISION ENTERPRISE FUND REPAYMENT OF LOANS AND INTEREST $34,000,000 for the highway trust fund, re- For the Cable Television Enterprise Fund, For reimbursement to the United States of allocations and rescissions for a net rescis- established by the Cable Television Commu- funds loaned in compliance with An Act to sion of $120,496,000 from local funds appro- nications Act of 1981, effective October 22, provide for the establishment of a modern, priated under this heading in prior fiscal 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et adequate, and efficient hospital center in the years and an additional $133,419,000 in Fed- seq.), $2,511,000 and 8 full-time equivalent po- District of Columbia, approved August 7, 1946 eral funds), as authorized by An Act author- sitions (including $2,179,000 and 8 full-time (60 Stat. 896; Public Law 79–648); section 1 of izing the laying of water mains and service equivalent positions from local funds and An Act to authorize the Commissioners of sewers in the District of Columbia, the levy- $332,000 from other funds). the District of Columbia to borrow funds for ing of assessments therefor, and for other STARPLEX FUND purposes, approved April 22, 1904 (33 Stat. 244; capital improvement programs and to amend For the Starplex Fund, $8,717,000 from Public Law 58–140; D.C. Code, secs. 43–1512 provisions of law relating to Federal Govern- other funds for expenses incurred by the Ar- through 43–1519); the District of Columbia ment participation in meeting costs of main- mory Board in the exercise of its powers Public Works Act of 1954, approved May 18, taining the Nation’s Capital City, approved granted by An Act To Establish A District of 1954 (68 Stat. 101; Public Law 83–364); An Act June 6, 1958 (72 Stat. 183; Public Law 85–451; Columbia Armory Board, and for other pur- to authorize the Commissioners of the Dis- D.C. Code, sec. 9–219); section 4 of An Act to poses, approved June 4, 1948 (62 Stat. 339; trict of Columbia to borrow funds for capital authorize the Commissioners of the District D.C. Code, sec. 2–301 et seq.) and the District improvement programs and to amend provi- of Columbia to plan, construct, operate, and of Columbia Stadium Act of 1957, approved sions of law relating to Federal Government maintain a sanitary sewer to connect the September 7, 1957 (71 Stat. 619; Public Law participation in meeting costs of maintain- Dulles International Airport with the Dis- 85–300; D.C. Code, sec. 2–321 et seq.): Provided, ing the Nation’s Capital City, approved June trict of Columbia system, approved June 12, That the Mayor shall submit a budget for 6, 1958 (72 Stat. 183; Public Law 85–451); in- 1960 (74 Stat. 211; Public Law 86–515); sections the Armory Board for the forthcoming fiscal cluding acquisition of sites, preparation of 723 and 743(f) of the District of Columbia year as required by section 442(b) of the Dis- plans and specifications, conducting prelimi- Self-Government and Governmental Reorga- trict of Columbia Self-Government and Gov- nary surveys, erection of structures, includ- nization Act of 1973, approved December 24, ernmental Reorganization Act, approved De- ing building improvement and alteration and 1973, as amended (87 Stat. 821; Public Law 93– cember 24, 1973 (87 Stat. 824; Public Law 93– treatment of grounds, to remain available 198; D.C. Code, sec. 47–321, note; 91 Stat. 1156; 198; D.C. Code, sec. 47–301(b)). Public Law 95–131; D.C. Code, sec. 9–219, until expended: Provided, That funds for use D.C. GENERAL HOSPITAL note), including interest as required thereby, of each capital project implementing agency $333,710,000 from local funds. shall be managed and controlled in accord- For the District of Columbia General Hos- ance with all procedures and limitations es- pital, established by Reorganization Order REPAYMENT OF GENERAL FUND RECOVERY tablished under the Financial Management No. 57 of the Board of Commissioners, effec- DEBT System: Provided further, That all funds pro- tive August 15, 1953, $112,419,000 of which For the purpose of eliminating the vided by this appropriation title shall be $59,735,000 shall be derived by transfer from $331,589,000 general fund accumulated deficit available only for the specific projects and the general fund and $52,684,000 shall be de- as of September 30, 1990, $38,314,000 from purposes intended: Provided further, That rived from other funds. local funds, as authorized by section 461(a) of notwithstanding the foregoing, all authoriza- D.C. RETIREMENT BOARD the District of Columbia Self-Government tions for capital outlay projects, except For the D.C. Retirement Board, established and Governmental Reorganization Act, ap- those projects covered by the first sentence by section 121 of the District of Columbia Re- proved December 24, 1973, as amended (105 of section 23(a) of the Federal-Aid Highway tirement Reform Act of 1989, approved No- Stat. 540; Public Law 102–106; D.C. Code, sec. Act of 1968, approved August 23, 1968 (82 Stat. vember 17, 1979 (93 Stat. 866; D.C. Code, sec. 47–321(a)(1)). 827; Public Law 90–495; D.C. Code, sec. 7–134, 1–711), $16,667,000 and 13 full-time equivalent PAYMENT OF INTEREST ON SHORT-TERM note), for which funds are provided by this positions from the earnings of the applicable BORROWING appropriation title, shall expire on Septem- retirement funds to pay legal, management, ber 30, 1998, except authorizations for For payment of interest on short-term bor- investment, and other fees and administra- projects as to which funds have been obli- rowing, $34,461,000 from local funds. tive expenses of the District of Columbia Re- gated in whole or in part prior to September PRESIDENTIAL INAUGURATION tirement Board: Provided, That the District 30, 1998: Provided further, That upon expira- For reimbursement for necessary expenses of Columbia Retirement Board shall provide tion of any such project authorization the incurred in connection with Presidential in- to the Congress and to the Council of the funds provided herein for the project shall auguration activities as authorized by sec- District of Columbia a quarterly report of lapse. tion 737(b) of the District of Columbia Self- the allocations of charges by fund and of ex- Government and Governmental Reorganiza- WATER AND SEWER ENTERPRISE FUND penditures of all funds: Provided further, That tion Act, Public Law 93–198, as amended, ap- For the Water and Sewer Enterprise Fund, the District of Columbia Retirement Board proved December 24, 1973 (87 Stat. 824; D.C. $221,362,000 from other funds of which shall provide the Mayor, for transmittal to Code, sec. 1–1803), $5,702,000, which shall be $41,833,000 shall be apportioned and payable the Council of the District of Columbia, an apportioned by the Chief Financial Officer to the debt service fund for repayment of item accounting of the planned use of appro- within the various appropriation headings in loans and interest incurred for capital im- priated funds in time for each annual budget this Act. provement projects. submission and the actual use of such funds H8060 CONGRESSIONAL RECORD — HOUSE July 22, 1996 in time for each annual audited financial re- SEC. 106. There are appropriated from the SEC. 116. None of the funds appropriated by port. applicable funds of the District of Columbia this Act may be obligated or expended by re- CORRECTIONAL INDUSTRIES FUND such sums as may be necessary for making programming except pursuant to advance ap- For the Correctional Industries Fund, es- refunds and for the payment of judgments proval of the reprogramming granted accord- ing to the procedure set forth in the Joint tablished by the District of Columbia Correc- that have been entered against the District Explanatory Statement of the Committee of tional Industries Establishment Act, ap- of Columbia government: Provided, That Conference (House Report No. 96–443), which proved October 3, 1964 (78 Stat. 1000; Public nothing contained in this section shall be accompanied the District of Columbia Ap- Law 88–622), $3,052,000 and 50 full-time equiv- construed as modifying or affecting the pro- propriation Act, 1980, approved October 30, alent positions from other funds. visions of section 11(c)(3) of title XII of the District of Columbia Income and Franchise 1979 (93 Stat. 713; Public Law 96–93), as modi- WASHINGTON CONVENTION CENTER ENTERPRISE Tax Act of 1947, approved March 31, 1956 (70 fied in House Report No. 98–265, and in ac- FUND Stat. 78; Public Law 84–460; D.C. Code, sec. cordance with the Reprogramming Policy For the Washington Convention Center En- 47–1812.11(c)(3)). Act of 1980, effective September 16, 1980 (D.C. terprise Fund, $47,996,000 of which $5,400,000 SEC. 107. Appropriations in this Act shall Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro- shall be derived by transfer from the general be available for the payment of public assist- vided, That for the fiscal year ending Sep- fund. ance without reference to the requirement of tember 30, 1997 the above shall apply except DISTRICT OF COLUMBIA FINANCIAL RESPON- section 544 of the District of Columbia Public as modified by Public Law 104–8. SIBILITY AND MANAGEMENT ASSISTANCE AU- Assistance Act of 1982, effective April 6, 1982 SEC. 117. None of the Federal funds pro- THORITY (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and vided in this Act shall be obligated or ex- For the District of Columbia Financial Re- for the non-Federal share of funds necessary pended to provide a personal cook, chauffeur, sponsibility and Management Assistance Au- to qualify for Federal assistance under the or other personal servants to any officer or thority, established by section 101(a) of the Juvenile Delinquency Prevention and Con- employee of the District of Columbia. SEC. 118. None of the Federal funds pro- District of Columbia Financial Responsibil- trol Act of 1968, approved July 31, 1968 (82 vided in this Act shall be obligated or ex- ity and Management Assistance Act of 1995, Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et pended to procure passenger automobiles as approved April 17, 1995 (109 Stat. 97; Public seq.). defined in the Automobile Fuel Efficiency Law 104–8), $3,400,000. SEC. 108. No part of any appropriation con- tained in this Act shall remain available for Act of 1980, approved October 10, 1980 (94 Mr. WALSH (during the reading). Mr. obligation beyond the current fiscal year un- Stat. 1824; Public Law 96–425; 15 U.S.C. Chairman, I ask unanimous consent less expressly so provided herein. 2001(2)), with an Environmental Protection that the bill, through page 21, line 8, be SEC. 109. No funds appropriated in this Act Agency estimated miles per gallon average considered as read, printed in the for the District of Columbia government for of less than 22 miles per gallon: Provided, RECORD, and open to amendment at the operation of educational institutions, That this section shall not apply to security, any point. the compensation of personnel, or for other emergency rescue, or armored vehicles. SEC. 119. (a) Notwithstanding section 422(7) The CHAIRMAN. Is there objection educational purposes may be used to permit, encourage, facilitate, or further partisan po- of the District of Columbia Self-Government to the request of the gentleman from litical activities. Nothing herein is intended and Governmental Reorganization Act of New York? to prohibit the availability of school build- 1973, approved December 24, 1973 (87 Stat. 790; There was no objection. ings for the use of any community or par- Public Law 93–198; D.C. Code, sec. 1–242(7)), The CHAIRMAN. Are there any tisan political group during non-school the City Administrator shall be paid, during amendments to this portion of the bill? hours. any fiscal year, a salary at a rate established If not, the Clerk will read. SEC. 110. None of the funds appropriated in by the Mayor, not to exceed the rate estab- The Clerk read as follows: this Act shall be made available to pay the lished for level IV of the Executive Schedule salary of any employee of the District of Co- under 5 U.S.C. 5315. GENERAL PROVISIONS lumbia government whose name, title, grade, (b) For purposes of applying any provision SEC. 101. The expenditure of any appropria- salary, past work experience, and salary his- of law limiting the availability of funds for tion under this Act for any consulting serv- tory are not available for inspection by the payment of salary or pay in any fiscal year, ice through procurement contract, pursuant House and Senate Committees on Appropria- the highest rate of pay established by the to 5 U.S.C. 3109, shall be limited to those tions, the Subcommittee on the District of Mayor under subsection (a) of this section contracts where such expenditures are a Columbia of the House Committee on Gov- for any position for any period during the matter of public record and available for ernment Reform and Oversight, the Sub- last quarter of calendar year 1996 shall be public inspection, except where otherwise committee on Oversight of Government deemed to be the rate of pay payable for that provided under existing law, or under exist- Management and the District of Columbia of position for September 30, 1996. ing Executive order issued pursuant to exist- the Senate Committee on Governmental Af- (c) Notwithstanding section 4(a) of the Dis- ing law. fairs, and the Council of the District of Co- trict of Columbia Redevelopment Act of 1945, SEC. 102. Except as otherwise provided in lumbia, or their duly authorized representa- approved August 2, 1946 (60 Stat. 793; Public this Act, all vouchers covering expenditures tive. Law 79–592; D.C. Code, sec. 5–803(a)), the of appropriations contained in this Act shall SEC. 111. There are appropriated from the Board of Directors of the District of Colum- be audited before payment by the designated applicable funds of the District of Columbia bia Redevelopment Land Agency shall be certifying official and the vouchers as ap- such sums as may be necessary for making paid, during any fiscal year, per diem com- proved shall be paid by checks issued by the payments authorized by the District of Co- pensation at a rate established by the designated disbursing official. lumbia Revenue Recovery Act of 1977, effec- Mayor. SEC. 103. Whenever in this Act, an amount tive September 23, 1977 (D.C. Law 2–20; D.C. SEC. 120. Notwithstanding any other provi- is specified within an appropriation for par- Code, sec. 47–421 et seq.). sions of law, the provisions of the District of ticular purposes or objects of expenditure, SEC. 112. No part of this appropriation shall Columbia Government Comprehensive Merit such amount, unless otherwise specified, be used for publicity or propaganda purposes Personnel Act of 1978, effective March 3, 1979 shall be considered as the maximum amount or implementation of any policy including (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et that may be expended for said purpose or ob- boycott designed to support or defeat legisla- seq.), enacted pursuant to section 422(3) of ject rather than an amount set apart exclu- tion pending before Congress or any State the District of Columbia Self-Government sively therefor. legislature. and Governmental Reorganization Act of SEC. 104. Appropriations in this Act shall SEC. 113. At the start of the fiscal year, the 1973, approved December 24, 1973 (87 Stat. 790; be available, when authorized by the Mayor, Mayor shall develop an annual plan, by quar- Public Law 93–198; D.C. Code, sec. 1–242(3)), for allowances for privately-owned auto- ter and by project, for capital outlay borrow- shall apply with respect to the compensation mobiles and motorcycles used for the per- ings: Provided, That within a reasonable time of District of Columbia employees: Provided, formance of official duties at rates estab- after the close of each quarter, the Mayor That for pay purposes, employees of the Dis- lished by the Mayor: Provided, That such shall report to the Council of the District of trict of Columbia government shall not be rates shall not exceed the maximum prevail- Columbia and the Congress the actual bor- subject to the provisions of title 5, United ing rates for such vehicles as prescribed in rowings and spending progress compared States Code. the Federal Property Management Regula- with projections. SEC. 121. The Director of the Department of tions 101–7 (Federal Travel Regulations). SEC. 114. The Mayor shall not borrow any Administrative Services may pay rentals and SEC. 105. Appropriations in this Act shall funds for capital projects unless the Mayor repair, alter, and improve rented premises, be available for expenses of travel and for has obtained prior approval from the Council without regard to the provisions of section the payment of dues of organizations con- of the District of Columbia, by resolution, 322 of the Economy Act of 1932 (Public Law cerned with the work of the District of Co- identifying the projects and amounts to be 72–212; 40 U.S.C. 278a), based upon a deter- lumbia government, when authorized by the financed with such borrowings. mination by the Director, that by reason of Mayor: Provided, That the Council of the Dis- SEC. 115. The Mayor shall not expend any circumstances set forth in such determina- trict of Columbia and the District of Colum- moneys borrowed for capital projects for the tion, the payment of these rents and the exe- bia Courts may expend such funds without operating expenses of the District of Colum- cution of this work, without reference to the authorization by the Mayor. bia government. limitations of section 322, is advantageous to July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8061 the District in terms of economy, efficiency, (1) the Mayor approves the acceptance and be willing to limit debate to 40 min- and the District’s best interest. use of the gift or donation: Provided, That utes; that was the number arrived at. SEC. 122. No later than 30 days after the the Council of the District of Columbia may We do not need that much time, but I end of the first quarter of the fiscal year end- accept and use gifts without prior approval am not sure how much time she will ing September 30, 1997, the Mayor of the Dis- by the Mayor; and trict of Columbia shall submit to the Council (2) the entity uses the gift or donation to need on that side. of the District of Columbia the new fiscal carry out its authorized functions or duties. Mr. DIXON. Mr. Chairman, I with- year 1997 revenue estimates as of the end of (b) Each entity of the District of Columbia draw my reservation of objection. the first quarter of fiscal year 1997. These es- government shall keep accurate and detailed The CHAIRMAN. Is there objection timates shall be used in the budget request records of the acceptance and use of any gift to the request of the gentleman from for the fiscal year ending September 30, 1998. or donation under subsection (a) of this sec- New York? The officially revised estimates at midyear tion, and shall make such records available There was no objection. shall be used for the midyear report. for audit and public inspection. The CHAIRMAN. The gentlewoman SEC. 123. No sole source contract with the (c) For the purposes of this section, the District of Columbia government or any from the District of Columbia [Ms. term ‘‘entity of the District of Columbia NORTON] is recognized for 20 minutes. agency thereof may be renewed or extended government’’ includes an independent agen- without opening that contract to the com- Ms. NORTON. Mr. Chairman, I yield cy of the District of Columbia. myself such time as I may consume. petitive bidding process as set forth in sec- (d) This section shall not apply to the Dis- tion 303 of the District of Columbia Procure- trict of Columbia Board of Education, which Mr. Chairman, several people asked ment Practices Act of 1985, effective Feb- may, pursuant to the laws and regulations of to speak. I may not need the full 20 ruary 21, 1986 (D.C. Law 6–85; D.C. Code, sec. the District of Columbia, accept and use minutes if they, in fact, do not appear. 1–1183.3), except that the District of Colum- gifts to the public schools without prior ap- My amendment would return us to bia Public Schools may renew or extend sole proval by the Mayor. the policy of this body on abortion that source contracts for which competition is SEC. 128. None of the Federal funds pro- was used throughout President Rea- not feasible or practical, provided that the vided in this Act may be used by the District gan’s administration. During each year determination as to whether to invoke the of Columbia to provide for salaries, expenses, competitive bidding process has been made of his administration, President or other costs associated with the offices of Reagan signed a bill that prohibited in accordance with duly promulgated Board United States Senator or United States Rep- of Education rules and procedures. resentative under section 4(d) of the District the use of Federal funds in the District SEC. 124. For purposes of the Balanced of Columbia Statehood Constitutional Con- of Columbia for abortion services to Budget and Emergency Deficit Control Act vention Initiatives of 1979, effective March low-income women except for risk of of 1985, approved December 12, 1985 (99 Stat. 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1– the life of the mother, rape, and incest. 1037; Public Law 99–177), as amended, the 113(d)). This put the District in the same term ‘‘program, project, and activity’’ shall boat with every jurisdiction in the be synonymous with and refer specifically to Mr. WALSH (during the reading). Mr. each account appropriating Federal funds in Chairman, I ask unanimous consent country, ‘‘Use your funds, not ours,’’ this Act, and any sequestration order shall that the bill, through page 32, line 5, be Congress said. be applied to each of the accounts rather considered as read, printed in the Only in 1988, at the onset of the Bush than to the aggregate total of those ac- RECORD, and open to amendment at administration, did the policy change. counts: Provided, That sequestration orders any point. Even local funds they could not be used shall not be applied to any account that is The CHAIRMAN. Is there objection until the 103d Congress, when the specifically exempted from sequestration by President signed a bill exactly like the the Balanced Budget and Emergency Deficit to the request of the gentleman from New York? Reagan bill during all his 8 years. Control Act of 1985, approved December 12, In 1988, leave aside that our residents 1985 (99 Stat. 1037; Public Law 99–177), as There was no objection. amended. The CHAIRMAN. Are there any in the District were not treated as full SEC. 125. In the event a sequestration order amendments to this portion of the bill? and equal American citizens in demo- is issued pursuant to the Balanced Budget If not, the Clerk will read. cratic home rule, in representation in and Emergency Deficit Control Act of 1985, The Clerk read as follows: the Congress, and in taxation. Now approved December 12, 1985 (99 Stat. 1037: added was the sensitive and abidingly Public Law 99–177), as amended, after the PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS local issue of choice. Here too inequal- amounts appropriated to the District of Co- ity with all other Americans was to be lumbia for the fiscal year involved have been SEC. 129. None of the funds appropriated paid to the District of Columbia, the Mayor under this Act shall be expended for any the order of the day. of the District of Columbia shall pay to the abortion except where the life of the mother b 1545 would be endangered if the fetus were carried Secretary of the Treasury, within 15 days Allowing the District the right of all after receipt of a request therefor from the to term or where the pregnancy is the result Secretary of the Treasury, such amounts as of an act of rape or incest. other local jurisdictions leaves in place the Hyde amendment. It will apply to are sequestered by the order: Provided, That The CHAIRMAN. Are there any the District as Hyde applies now and as the sequestration percentage specified in the amendments to this portion of the bill? order shall be applied proportionately to Hyde applies to every other jurisdic- each of the Federal appropriation accounts AMENDMENT OFFERED BY MS. NORTON tion that flies the American flag. in this Act that are not specifically exempt- Ms. NORTON. Mr. Chairman, I offer What a small step this would be. In ed from sequestration by the Balanced Budg- an amendment. its financial condition, the District is, et and Emergency Deficit Control Act of The Clerk read as follows: after all, unlikely to use little, if any, 1985, approved December 12, 1985 (99 Stat. Amendment offered by Ms. NORTON: On money on abortions for poor women. It 1037; Public Law 99–177), as amended. page 32, line 7, after ‘‘the’’ insert ‘‘Federal’’. SEC. 126. Nothing in this Act shall be con- needs the option in the rare case where strued to authorize any office, agency or en- Mr. WALSH. Mr. Chairman, I ask it might decide that it is in the best in- tity to expend funds for programs or func- unanimous consent that all debate on terest of the woman and of the District tions for which a reorganization plan is re- this amendment and all amendments to pay for such an abortion. The Dis- quired but has not been approved by the thereto close in 40 minutes and that trict has many women who have AIDS, Council pursuant to section 422(12) of the that time be equally divided. are on drugs or are in deep distress. District of Columbia Self-Government and The CHAIRMAN. Is there objection With the flight of middle-income tax- Governmental Reorganization Act of 1973, to the request of the gentleman from approved December 24, 1973 (87 Stat. 790; Pub- payers, this group of low-income lic Law 93–198; D.C. Code, sec. 1–242(12)) and New York? women grows ever larger. the Governmental Reorganization Proce- Mr. DIXON. Mr. Chairman, reserving There is absolutely no reason to deny dures Act of 1981, effective October 17, 1981 the right to object, I do not know that the District this right, is the rare case, (D.C. Law 4–42; D.C. Code, secs. 1–299.1 to 1– we will need 40 minutes on this. if it so chooses, where it would feel 299.7). Appropriations made by this Act for Mr. WALSH. Mr. Chairman, will the compelled to spend its own money in such programs or functions are conditioned gentleman yield? this way. It is wrong to single out the on the approval by the Council, prior to Oc- Mr. DIXON. I yield to the gentleman District in a way that we do not single tober 1, 1996, of the required reorganization from New York. out San Diego or Bloomington or Syra- plans. SEC. 127. (a) An entity of the District of Co- Mr. WALSH. Mr. Chairman, as I un- cuse. It is wrong to find yet another lumbia government may accept and use a derstand it, the Delegate had sug- way to say to my constituents—you gift or donation during fiscal year 1997 if— gested, very graciously, that she would will not be treated as other Americans. H8062 CONGRESSIONAL RECORD — HOUSE July 22, 1996

Choice is the law of the land. Choice This issue of abortion in our society A moment or two ago, Mr. DIXON said is the law equally across the entire is probably one of the most controver- that the Supreme Court’s Roe versus land, except here where the Congress sial ones that we have faced in many, Wade permits first trimester abortions sits, and except for poor women when many years. There are people who be- in the District of Columbia. That’s an abortion must be paid for because lieve in being pro-choice, who person- only part of the tragic holding in Roe. there is no personal fund available to ally are opposed to abortion. There are Roe versus Wade did not just allow do so. the pro-life people that do not believe first trimester abortion on demand. It Mr. Chairman, I ask this body to in abortion under any circumstances. also allows the slaughter of unborn ba- bring democracy home in this instance. The case of Roe versus Wade made very bies in the second trimester and in The time has finally come in 1996, when clear that abortion was appropriate in many cases in the third trimester as it is highly unlikely that the right the first trimester. A lot of people did well. would be exercised, to give the Dis- not like that. In fact, another case The bottom line, Mr. Chairman, is trict, at least in law, the right that came to the Supreme Court where, gen- that we are talking about children at every other jurisdiction has: to afford erally speaking, pro-life people had various stages of their development in funds for women to make the choice prevailed on a State legislative body to the District of Columbia whose death, that only they have the right to make. restrict that right. whose killing would be paid for and Mr. Chairman, I reserve the balance The Supreme Court said, you are ab- subsidized by the taxpayer. of my time. solutely right. States have a right to (Mr. WALSH asked and was given Let me remind Members that the restrict abortion as long as we deem it Norton amendment wants to subsidize permission to revise and extend his re- to be reasonable restrictions. a deed—the act of aborting a baby. marks.) Now, most pro-life people applauded Some will try to sanitize this issue and Mr. WALSH. Mr. Chairman, I yield that decision. Here we have the Dis- myself such time as I may consume. trict of Columbia, who had initiated package it as a freedom or liberty. It is I rise in opposition to the gentle- their own abortion procedures. But be- not. Abortion is child abuse. And the woman’s amendment. This bill is dif- cause they allow abortion by their so-called right to abortion was forced ferent from the other 12 regular appro- local statutes, Congress is doing what on us by the Supreme Court of the priations bills in that our bill appro- they cannot do to any other State. United States. Some day that gross in- priates all funds for the operations of That is, abortion procedures in the justice will be reversed. Because all ba- the District government; all funds, not first trimester are appropriate and bies, these unborn children, boys, girls, just Federal funds. That is the way the legal and States, and in this case I black, white, Hispanic, and Asian, bill is designed. That is why the abor- would say the District, have a reason- right now are very precious but today tion language in section 129 of our bill able right to promulgate regulations. they are construed to be persona non restricts the use of all funds for abor- The chairman of this committee grata. It seems to me that we ought to, tions, except to save the mother’s life points out that, in fact, the President as a Congress, if we care, if we believe or in cases of rape or incest. I think did sign continuing resolutions, and I their lives to be precious, do all that is that is consistent with our appropria- believe an appropriation bill. But he humanly possible to mitigate the possi- tions policies. We are appropriating all signed it with great reservation. This bility of their death. And it seems to funds for this bill. is a clear issue of Congress trying to me that if we take away the subsidy The abortion language in our bill this dictate to the citizens of the District that actually buys and administers the year is identical to the language in last on a very personal and controversial chemical poison, the salt solutions and year’s bill which was signed by the matter which the court, the Supreme the other kinds of lethal drugs that are President. It is also identical to the Court, has said that States, and in this used to kill the babies, if we take away language in the continuing resolutions case the District, have a right to pro- the subsidy that kills the baby by way that the President signed last year. of dismemberment of arms and legs and It is identical to the language in Pub- mulgate. But merely because the vehi- even sections of the child’s fragile body lic Law 104–69 that the President cle that is used to fund the District are cut and the baby is removed, this is signed on December 22, 1995; to legisla- comes through Congress, we want to tion that he signed on January 4, 1996; restrict that right greater than we the reality of the deed that the gentle- to legislation that he also signed on have the ability to do with any State. woman’s amendment would seek to January 6, 1996, and to legislation he It is on that basis I would ask my have us give authorization to pay for. signed less than 3 months ago on April colleagues to reject the amendment. If you really take the time to think Mr. WALSH. Mr. Chairman, I yield 4 26. about what abortion does to the baby, While I appreciate the gentlewoman’s minutes to my distinguished colleague, this amendment becomes more repul- feelings about home rule, the language the gentleman from New Jersey [Mr. sive and wrong. in our bill does allow the use of funds SMITH]. It seems to me that where we can for abortions in those cases where the Mr. SMITH of New Jersey. Mr. Chair- step in and save the life of even one life of the mother is endangered or in man, I want to thank Mr. WALSH for baby, we ought to do it. I take a back the case of rape or incest. I believe it is his moral courage and leadership in seat to no one in this Chamber when it broad enough to give District officials putting this important language in the comes to maternal health care and the discretion they need so that the underlying bill—the D.C. appropria- other kinds of assistance for mothers procedure is not misused. tions bill. The Norton amendment, the both domestically and internationally. Mr. Chairman, as I mentioned just a pending amendment, would nullify Mr. But when it comes to killing unborn moment ago, the President, less than 3 WALSH’s lifesaving legislation and babies, we ought to say ‘‘no.’’ This months ago, signed a bill with lan- should be defeated. amendment would authorize the kill- Let me make it very clear that the guage identical to that found in section ing of unborn babies by way of subsidy. only way to ensure Hyde-type protec- 129 of this bill. There is no reason for When we used to pay for abortions on the President to not approve this lan- tions for the taxpayers is to reject this pro-abortion amendment. The net con- demand in the District of Columbia we guage which, again, is identical to lan- paid for over 3,000 child killings per guage he recently approved. sequence, the absolutely predictable consequence, if this amendment pre- year. In 1988, for example, the number I urge my colleagues to vote ‘‘no’’ on of kids destroyed was 3,139. the amendment offered by the gentle- vails, is that we will pay for abortions Vote down this antichild amendment. woman from the District of Columbia. on demand in the District of Columbia. Mr. Chairman, I reserve the balance We have, as a Congress, jurisdiction Ms. NORTON. Mr. Chairman, I yield of my time. over the Federal and the congression- 30 seconds to the gentleman from Cali- Ms. NORTON. Mr. Chairman, I yield 5 ally authorized funds and in many fornia [Mr. DIXON]. minutes to the gentleman from Califor- parts of this bill that are not being Mr. DIXON. Mr. Chairman, I inad- nia [Mr. DIXON], ranking member. contested we have taken action to vertently said that I was opposed to Mr. DIXON. Mr. Chairman, I thank limit how certain funds will be spent. the Norton amendment. I meant to say the gentlewoman for yielding me the So this is hardly a precedent. Home that I supported the gentlewoman’s time. rule isn’t absolute. amendment. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8063 I also point out to my good friend, Mr. Chairman, I yield back the bal- In my district, the city of Portland, Multno- the gentleman from New Jersey [Mr. ance of my time. mah County and Portland Public Schools have SMITH], that the issue of abortion is Mr. WALSH. Mr. Chairman, I yield all negotiated domestic partner benefits pack- one that will not be resolved by adopt- myself such time as I may consume. ages with their employees. About 2 percent of ing this amendment. But the issue of We have no further requests for time the work force have enrolled their unmarried allowing the taxpayers of this district on this amendment, and I would close domestic partners as beneficiaries under this to spend their own money should lie in by saying, as I said earlier, that this is program, and the modest additional cost was favor of allowing them to do so. an unusual bill in that we appropriate offset by other benefit plan changes. As a re- Ms. NORTON. Mr. Chairman, I yield all the funds, both Federal and local, sult, these public employers, at no cost to the myself such time as I may consume. I for the District of Columbia. We did public, have been able to retain highly valued want to close now, seeing none of those not set it up that way, the Constitu- and productive employees to do the public's who asked for time are here. tion did. Therefore, I think in order to business. Mr. Chairman, there is very little to be consistent with the government- Gay and lesbian workers know discrimina- get excited about when we discuss a stated policy on funding abortions, we tion and bias when they see it. If they are ca- choice amendment on the District of should stick to the language in section pable, motivated workers, they will look for a Columbia appropriation. No one be- 189 of the bill that says no funds can be workplace that values them for the work they lieves that in the state of its finances, used for abortions except to save the do, rather than penalizing them. Mr. Speaker, what we are going to see is an epidemic mother’s life or in cases of rape or in- if we are operating on the premise that the of abortions in the District. cest. So I would strongly urge defeat of District needs the best and the brightest to This amendment has largely sym- this amendment. bolic importance. It says to the Dis- turn this city around, then let us not tie the Mr. Chairman, I yield back the bal- District government's hands with this regres- trict, you are full Americans, you are ance of my time. full citizens, you can spend your money sive, counterproductive and mean-spirited re- Mrs. MORELLA. Mr. Chairman, I rise in sup- striction. as you like. You can vote for this bill, port of the Norton amendment. even if you oppose abortion, because To my second point: There is also no sound This amendment would simply allow the reason for this Congress to interfere with the this bill is almost surely not likely to District to decide whether to use its own lo- yield abortions because there is no fundamental reproductive rights of women. cally raised revenues to pay for Medicaid Nonetheless, Congress has interfered prohibit- money for abortions in the District. abortionsÐwhile still retaining the ban on the There is little money even for front- ing the use of Federal funds for most cat- use of Federal funds for abortions, except in egories of abortion. In this measure, this body line services in the District. cases of rape, incest, or to save the life of the Yet I would think we would use this continues the even more outrageous practice mother. opportunity to say to the residents of of prohibiting the District government from The amendment would properly restore the the District, hey, you are full Ameri- using its own, locally raised funds to provide right of the District of Columbia to decide how cans, it is your money, use it the way medical services that the Supreme Court of its own revenues should be used, as is the we use our money in our cities and the United States has held are constitutionally case for the States. The concept of home rule counties. protected. is meaningless if Congress can dictate the al- I just want to say that the recitation The amendment offered by the gentle- location of local revenues. of the bills the President signed last woman from the District would have restored To restrict the use of local District revenues year, including our own, which con- at least some of the ability of the District gov- for abortions violates the right of the District tained language like this, ought to be ernment to fund necessary abortions for poor Government to make its own public health pol- understood in light of the President’s women. Its rejection makes the prohibition in icy. In doing so, Congress is denying District statement on this bill. In that state- this measure an unacceptable limitation upon residents the right of self-determination, a right ment he has said that he is strongly the reproductive rights of those women. I re- belonging to every other resident of this coun- opposed to this language. gret that I must therefore vote to reject the try. The chairman indicates, and I must measure as a whole. say that I appreciate, that the lan- I urge my colleagues to support the Dixon amendment. I yield back the balance of my time. guage here is like the language in Mr. HOYER. First, Mr. Chairman, I rise other bills inasmuch as it incorporates Mr. BLUMENAUER. Mr. Speaker, I rise in opposition to H.R. 3845. today in support of the District of Columbia ap- life of the mother, rape, and incest. If propriations bill. I want to commend the chair- that is to be the case and if the chair- I do so not because of the funding amounts specified in the appropriations, although they man and Congressman DIXON for working in a man is to take note of it, there is no bipartisan fashion to craft a good bill. I am reason not to go the rest of the way present difficult questions about the extent to which this Congress is honoring its constitu- pleased that at my request, the bill contains and make the language the way the language dealing with two important issues language is for the rest of America. tional and commonsense responsibilities to the District. Rather, my opposition is based on two which affect the District and the greater Wash- What you do with your money is your ington Metropolitan area. business, and especially in this year overreaching and unwarranted interferences by this Congress in the lives of the people of The bill contains report language which ex- when you are almost guaranteed not to presses Congress' strong intent for the District use your money for abortions for poor the District. Those are the provisions of sec- tions 129 and 130, which prohibit the use of of Columbia to repay over $80 million diverted women. from Blue Plains to other District programs. The people I represent pay the high- Federal and local funds for abortion and for This substantial loss of funds has led to seri- est taxes in the United States of Amer- domestic partner benefits. ous maintenance and plant operations prob- ica. When you combine their State It is time for this Congress to end its unnec- lems at the facility. Moreover, there remains a taxes with their Federal taxes, they essary interference with the District govern- threat to the sewage ratepayers and residents are No. 1. Put yourself in the position ment's arrangements with its employees relat- of the Metropolitan area for having untreated of the people I represent. Put yourself ing to health and other benefits. H.R. 3845 sewage flowing down the Potomac River. in the position of people who pay the continues the shortsighted and narrow-minded There is also a serious threat to the fragile en- same taxes and, in almost every case, prohibition on using any fundsÐeven those vironmental conditions of the waterways. In more taxes than the people you rep- raised within the District through local tax- order to prevent danger to life or environment, resent and imagine how you would feel ationÐto extend health benefits to the domes- return of the funds is necessary so that the if a national body tried to tell you how tic partners of District employees. Blue Plains facility can return to safe and effi- to spend your local funds. The District should be free to pursue, through negotiations with its represented em- cient operation. b 1600 ployees or otherwise, the same policies that My top priority continues to be protection of I guarantee my colleagues that if many other municipal governments and busi- human health and ensuring proper clean up they put themselves to that test, they nesses have successfully implemented. Ex- and preservation of the waterways and wildlife will vote for my amendment. tending the same benefits to domestic part- in the Chesapeake Bay Basin including the I ask that this body approve my ners of employees as are enjoyed by the Potomac, Anacosta, and Patuxent Rivers. amendment and approve the bill as the spouses of employees can be a cost-effective Having sufficient funding for Blue Plains will chairman has brought it to the floor. way to retain capable workers. allow the plant to operate safely and efficiently H8064 CONGRESSIONAL RECORD — HOUSE July 22, 1996 and eliminate threats to life and the environ- $40 million. This represents an amount that is ment remains burdened with an accumulated ment. Therefore, the return of the funds is crit- $60 million less than what the city and the budget deficit of almost $500 million, and its ical. control board forecast. I believe that this deficit fiscal year 1996 revenues are $116 million I believe, as do others, that one of the best cap represents great progress in the District's below what had been expected, last week ways to resolve the operational and manage- path toward stability, allowing for responsible there was an encouraging development. ment problems at Blue Plains is to restore the spending to meet the needs of city residents District officials traveled to Wall Street funds taken from the Blue Plains account and without affecting essential services. where they were able to secure a $220 million prohibit the further transfer of any additional H.R. 3845 also approves a budget blueprint short-term loan from an investment firm to funds. Therefore, at my request, the commit- for the city that was reached by the Financial help meet the immediate cash needs. This is tee included report language in the fiscal year Control Board, the D.C. Mayor and City Coun- significant because it was the decline of the 1996 District of Columbia appropriations bill cil and seems like a responsible attempt to District's credit rating to junk bond status which asked the financial responsibility and control spending. I am pleased that the budget which triggered the need for the Financial management assistance authority to address blueprint that H.R. 3845 approves earmarks Control Board. This loan signals recognition how the District planned to restore funds taken the full budget request of $1 billion for local that the District of Columbia has begun to take from the Blue Plains budget and the timing for law enforcement, fire, and emergency services the steps needed to restore its solvency and that restoration. personnel along with the judicial and correc- that it may soon be able to access the market In its fiscal year 1997 budget and financial tions system. While the District needs to con- for debt restructuring and the financing of plan, the District has agreed to pay back trol spending, I firmly believe that reductions much needed capital projects. $21.5 million over the next 4 years in order to should not be taken from an already under- Further, the bill before us, which incor- replenish funds diverted from Blue Plains. This standing public safety force. porates the District's fiscal year 1997 budget agreement is reflected in the bill and it is our Overall, the priorities reflected in the blue- and elements of its multi-year financial plan expectation that this agreement will be hon- print promote education, public safety, public also signals administrative progress which en- ored. works, and economic development. I would abled the work on this package to proceed in Second, I am pleased with the funding for urge the control board to continue its close a more timely and a less contentious manner the D.C. fire department in this bill. This fund- scrutiny of District financial matters to assure than last year. ing level consistent with the request of the that the District adheres to the sound fiscal The Mayor, city council, and the Financial D.C. City Council and the control board, is suf- policy that this bill promotes. Control Board worked closely and coopera- ficient to end the practice of rotated closings While I strongly support this bill today, I con- tively together until they achieved a consensus of companies which have placed areas tinue to have concerns in two areas not ad- package which sets forth a series of revenue throughout the city at risk every day. dressed by this appropriations bill. First, I have initiatives and spending reductions designed to This bill will also provide $4 million for fire- strong reservations about the control board's produce a balanced budget by fiscal year fighting apparatus which will be used to begin recommendation for Congress to authorize 1999. I commend them for their efforts and the process of modernizing the firefighting long-term deficit borrowing for the District. The encourage them to continue tackling the tough fleet in order to provide a sufficient arsenal to city has proposed borrowing $500 million over problems which lie ahead in this same man- protect the residents, workers, and visitors of 15 years to pay off the accumulated debt and ner. the District of Columbia. finance future deficits. I continue to be con- Mr. Chairman, it is unfortunate that the good Mr. Chairman, an issue which continues to cerned that deficit borrowing would cost cur- work done by these local officials was not ac- plague the fire department is the understaffing rent and future taxpayers over $750 million in cepted by the chairman of the D.C. Appropria- of firefighters. I want to commend Chairman interest costs alone. tions Subcommittee. Instead, he chose to re- WALSH for adding language to this bill, at my Second, although a great deal of progress quire an additional $40 million in cuts, which request, instructing the District to fill the 87 va- has been made, the 4-year financial control will unquestionably have a negative impact on cancies that currently exist in the fire depart- plan has not been approved by the committee. city services should it be retained. I sincerely ment. The city currently ranks last among the I would urge the completion of this long-term hope that the Senate will support the locally 25 largest cities in the United States in on- plan so that Congress, city leaders, and con- developed consensus budget and that a high- duty fire suppression, and second in total fire trol board members may begin review and ne- er spending mark will be agreed to in con- and rescue alarms per 100,000 people. gotiations for essential structural changes in ference. The understaffing of the department and the the city's management that must be made in This one reservation notwithstanding, I urge rotated closings of up to eight companies a order to reach long-term stability. the approval of this appropriations measure day poses a public safety threat to those who Again, I rise in support of H.R. 3845 and I because I believe that, overall, it will aid the work and reside in the District and is finan- would urge all of my colleagues to support this revitalization of our Nation's Capitol. cially irresponsible. This bill is an important bill. The CHAIRMAN. The question is on step forward in making the District's fire de- Mrs. COLLINS of Illinois. Mr. Chairman, this the amendment offered by the gentle- partment one of the finest in the Nation and I past March, Mayor Marion Barry appeared at woman from the District of Columbia commend the committee for its efforts. a hearing held by the D.C. Subcommittee and [Ms. NORTON]. Again, I want to thank Chairman WALSH and testified that, because of the failure of Con- The question was taken; and the Congressman DIXON for their work and sup- gress to enact the District's fiscal year 1996 Chairman announced that the noes ap- port. I urge my colleagues to support this bill. budget until seven months into that fiscal year, peared to have it. Mr. FRELINGHUYSEN. Mr. Chairman, I rise the District was in worse financial shape than Ms. NORTON. Mr. Chairman, I de- in support of H.R. 3845, the Fiscal Year 1997 in March 1995, when the Congress estab- mand a recorded vote. Appropriations Act for the District of Columbia. lished the D.C. Financial Control Board to The CHAIRMAN. Pursuant to the Let me begin by complimenting my sub- bring about the District's financial recovery. order of the House of Thursday, July committee chairman, Congressman WALSH, on I found the Mayor's remarks to be distress- 18, 1996, further proceedings on the his excellent work on this bill, as well as the ing newsÐparticularly in light of the fact that amendment offered by the gentle- ranking member, Mr. DIXON, for all of his work. the District had, as the Congress directed, woman from the District of Columbia Many months of hearings, meetings, and ne- successfully cut its spending and achieved [Ms. NORTON] will be postponed. gotiations, have resulted in the strong, biparti- significant workforce reductions. The fiscal The CHAIRMAN. Are there further san bill before the House today. year 1995 appropriations bill mandated that amendments? H.R. 3845 appropriates $717.8 million for the District's spending be cut by $140 million If not, the Clerk will read. the Federal payment to the District of Colum- and that 2,000 positions be eliminated from its The Clerk read as follows: bia. The bill's funding levels are identical to workforce. A subsequent audit established that PROHIBITION ON DOMESTIC PARTNERS ACT last year's appropriation, except for an addi- both of these requirements had not only been SEC. 130. No funds made available pursuant tional $5.7 million that the committee provided met but had been exceeded. In fact, the Dis- to any provision of this Act shall be used to to reimburse the city for the upcoming 1997 trict cut a total of 5,600 positions, and reduced implement or enforce any system of registra- tion of unmarried, cohabiting couples wheth- Presidential inauguration. spending by $477 million. er they are homosexual, lesbian, or hetero- I do believe that the approach the Appro- Today, 4 months since the Mayor's bleak sexual, including but not limited to registra- priations Committee has taken in this bill will assessment, the situation is still very bad, but tion for the purpose of extending employ- move the city toward financial stability. This it appears there is now some prospect for im- ment, health, or governmental benefits to bill caps the city's fiscal 1997 budget deficit at provement. Even though the District govern- such couples on the same basis that such July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8065 benefits are extended to legally married cou- ject class, and for all funds, non-appropriated Columbia for such fiscal year that is in the ples; nor shall any funds made available pur- funds, and capital financing; total amount of the approved appropriation suant to any provision of this Act otherwise (2) a breakdown of FTE positions and all and that realigns budgeted data for personal be used to implement or enforce D.C. Act 9– employees for the most current pay period services and other-than-personal services, re- 188, signed by the Mayor of the District of broken out on the basis of control center and spectively, with anticipated actual expendi- Columbia on April 15, 1992. responsibility center, for all funds, including tures. (b) The revised budget required by sub- COMPENSATION OF MEMBERS OF JUDICIAL capital funds; section (a) of this section shall be submitted NOMINATION COMMISSION (3) a list of each account for which spend- ing is frozen and the amount of funds frozen, in the format of the budget that the Board of SEC. 131. (a) IN GENERAL.—Effective as if Education and the University of the District included in the enactment of the District of broken out by control center, responsibility center, detailed object, and for all funding of Columbia submit to the Mayor of the Dis- Columbia Appropriations Act, 1996, section trict of Columbia for inclusion in the May- 434(b)(5) of the District of Columbia Self- sources; (4) a list of all active contracts in excess of or’s budget submission to the Council of the Government and Governmental Reorganiza- District of Columbia pursuant to section 442 tion Act is amended to read as follows: $10,000 annually, which contains the name of each contractor; the budget to which the of the District of Columbia Self-Government ‘‘(5) Members of the Commission shall and Governmental Reorganization Act, Pub- contract is charged broken out on the basis serve without compensation for services ren- lic Law 93–198, as amended (D.C. Code, sec. of control center and responsibility center, dered in connection with their official duties 47–301). and contract identifying codes used by the on the Commission.’’. EDUCATIONAL BUDGET APPROVAL (b) CONFORMING AMENDMENT.—Section University of the District of Columbia; pay- SEC. 136. The Board of Education, the 133(b) of the District of Columbia Appropria- ments made in the last month and year-to- Board of Trustees of the University of the tions Act, 1996 is hereby repealed, and the date, the total amount of the contract and District of Columbia, the Board of Library provision of law amended by such section is total payments made for the contract and Trustees, and the Board of Governors of the hereby restored as if such section had not any modifications, extensions, renewals; and D.C. School of Law shall vote on and approve been enacted into law. specific modifications made to each contract in the last month; their respective annual or revised budgets MONTHLY REPORTING REQUIREMENTS—BOARD (5) all reprogramming requests and reports before submission to the Mayor of the Dis- OF EDUCATION that have been made by the University of the trict of Columbia for inclusion in the May- SEC. 132. The Board of Education shall sub- District of Columbia within the last month or’s budget submission to the Council of the mit to the Congress, the Mayor, and the in compliance with applicable law; and District of Columbia in accordance with sec- tion 442 of the District of Columbia Self-Gov- Council of the District of Columbia no later (6) changes made in the last month to the ernment and Governmental Reorganization than fifteen (15) calendar days after the end organizational structure of the University of Act, Public Law 93–198, as amended (D.C. of each month a report that sets forth— the District of Columbia, displaying previous Code, sec. 47–301), or before submitting their (1) current month expenditures and obliga- and current control centers and responsibil- respective budgets directly to the Council. tions, year-to-date expenditures and obliga- ity centers, the names of the organizational tions, and total fiscal year expenditure pro- entities that have been changed, the name of PUBLIC SCHOOL EMPLOYEE EVALUATIONS jections vs. budget broken out on the basis of the staff member supervising each entity af- SEC. 137. Notwithstanding any other provi- control center, responsibility center, agency fected, and the reasons for the structural sion of law, rule, or regulation, the evalua- reporting code, and object class, and for all change. tion process and instruments for evaluating funds, including capital financing; District of Columbia Public Schools employ- ANNUAL REPORTING REQUIREMENTS (2) a breakdown of FTE positions and staff ees shall be a non-negotiable item for collec- for the most current pay period broken out SEC. 134. (a) The Board of Education of the tive bargaining purposes. on the basis of control center, responsibility District of Columbia and the University of the District of Columbia shall annually com- MODIFICATIONS OF BOARD OF EDUCATION center, and agency reporting code within REDUCTION-IN-FORCE PROCEDURES each responsibility center, for all funds, in- pile an accurate and verifiable report on the positions and employees in the public school SEC. 138. The District of Columbia Govern- cluding capital funds; system and the university, respectively. The ment Comprehensive Merit Personnel Act of (3) a list of each account for which spend- annual report shall set forth— 1978, D.C. Code, sec. 1–601.1 et seq.), is amend- ing is frozen and the amount of funds frozen, (1) the number of validated schedule A po- ed— broken out by control center, responsibility sitions in the District of Columbia Public (1) in section 301 (D.C. Code, sec. 1–603.1)— center, detailed object, and agency reporting Schools and the University of the District of (A) by inserting after paragraph (13), the code, and for all funding sources; Columbia for fiscal year 1996, fiscal year 1997, following new paragraph: (4) a list of all active contracts in excess of and thereafter on a full-time equivalent ‘‘(13A) The term ‘nonschool-based person- $10,000 annually, which contains the name of basis, including a compilation of all posi- nel’ means any employee of the District of each contractor; the budget to which the tions by control center, responsibility cen- Columbia public schools who is not based at contract is charged broken out on the basis ter, funding source, position type, position a local school or who does not provide direct of control center, responsibility center, and title, pay plan, grade, and annual salary; and services to individual students.’’; and agency reporting code; and contract identify- (2) a compilation of all employees in the (B) by inserting after paragraph (15), the ing codes used by the D.C. Public Schools; following new paragraph: District of Columbia Public Schools and the payments made in the last month and year- ‘‘(15A) The term ‘school administrators’ University of the District of Columbia as of to-date, the total amount of the contract means principals, assistant principals, the preceding December 31, verified as to its and total payments made for the contract school program directors, coordinators, in- accuracy in accordance with the functions and any modifications, extensions, renewals; structional supervisors, and support person- that each employee actually performs, by and specific modifications made to each con- nel of the District of Columbia public control center, responsibility center, agency tract in the last month; schools.’’; reporting code, program (including funding (5) all reprogramming requests and reports (2) in section 801A(b)(2) (D.C. Code, sec. 1– source), activity, location for accounting that are required to be, and have been, sub- 609.1(b)(2)(L))— purposes, job title, grade and classification, mitted to the Board of Education; and (A) by striking ‘‘(L) reduction-in-force’’ annual salary, and position control number. (6) changes made in the last month to the and inserting ‘‘(L)(i) reduction-in-force’’; and (b) SUBMISSION.—The annual report re- organizational structure of the D.C. Public (B) by inserting after subparagraph (L)(i), quired by subsection (a) of this section shall Schools, displaying previous and current the following new clause: be submitted to the Congress, the Mayor, the control centers and responsibility centers, ‘‘(ii) notwithstanding any other provision District of Columbia Council, the Consensus the names of the organizational entities that of law, the Board of Education shall not Commission, and the Authority, not later have been changed, the name of the staff issue rules that require or permit nonschool- than February 15 of each year. member supervising each entity affected, based personnel or school administrators to and the reasons for the structural change. ANNUAL BUDGETS AND BUDGET REVISIONS be assigned or reassigned to the same com- SEC. 135. (a) No later than October 1, 1996, MONTHLY REPORTING REQUIREMENTS petitive level as classroom teachers;’’; and or within 15 calendar days after the date of (3) in section 2402 (D.C. Code, sec. 1–625.2), UNIVERSITY OF THE DISTRICT OF COLUMBIA the enactment of the District of Columbia by adding at the end the following new sub- SEC. 133. The University of the District of Appropriations Act, 1997, whichever occurs section: Columbia shall submit to the Congress, the later, and each succeeding year, the Board of ‘‘(f) Notwithstanding any other provision Mayor, and the Council of the District of Co- Education and the University of the District of law, the Board of Education shall not re- lumbia no later than fifteen (15) calendar of Columbia shall submit to the appropriate quire or permit nonschool-based personnel or days after the end of each month a report congressional committees, the Mayor, the school administrators to be assigned or reas- that sets forth— District of Columbia Council, the Consensus signed to the same competitive level as (1) current month expenditures and obliga- Commission, and the District of Columbia classroom teachers.’’. tions, year-to-date expenditures and obliga- Financial Responsibility and Management SEC. 139. (a) Notwithstanding any other tions, and total fiscal year expenditure pro- Assistance Authority, a revised appropriated provision of law, rule, or regulation, an em- jections vs. budget broken out on the basis of funds operating budget for the public school ployee of the District of Columbia Public control center, responsibility center, and ob- system and the University of the District of Schools shall be— H8066 CONGRESSIONAL RECORD — HOUSE July 22, 1996 (1) classified as an Educational Service em- the Human Rights Act of 1977, effective De- thority has reviewed and approved the ac- ployee; cember 13, 1977 (D.C. Law 2–38; D.C. Code, sec. ceptance, obligation, and expenditure of such (2) placed under the personnel authority of 1–2543); and grant in accordance with review and ap- the Board of Education; and ‘‘(2) an employee may file with the Office proval procedures consistent with the provi- (3) subject to all Board of Education rules. of Employee Appeals an appeal contesting sions of Public Law 104–8, the District of Co- (b) School-based personnel shall constitute that the separation procedures of sub- lumbia Financial Responsibility and Man- a separate competitive area from nonschool- sections (d) and (f) of this section were not agement Assistance Act of 1995. based personnel who shall not compete with properly applied. (3) PROHIBITION ON SPENDING IN ANTICIPA- school-based personnel for retention pur- ‘‘(h) An employee separated pursuant to TION OF APPROVAL OR RECEIPT.—No amount poses. this section shall be entitled to severance may be obligated or expended from the gen- MODIFICATION OF REDUCTION-IN-FORCE pay in accordance with title XI of this Act, eral fund or other funds of the District gov- PROCEDURES except that the following shall be included in ernment in anticipation of the approval or computing creditable service for severance receipt of a grant under paragraph (2)(B) or SEC. 140. (a) Section 2401 of the District of pay for employees separated pursuant to this in anticipation of the approval or receipt of Columbia Government Comprehensive Merit section— Personnel Act of 1978 (D.C. Code, sec. 1–625.1 a Federal, private, or other grant not subject ‘‘(1) four years for an employee who quali- to such paragraph. et seq.) is amended by amending the third fied for veterans preference under this Act, sentence to read as follows: ‘‘A personnel au- (4) MONTHLY REPORTS.—The Chief Finan- and cial Officer of the District shall prepare a thority may establish lesser competitive ‘‘(2) three years for an employee who quali- areas within an agency on the basis of all or monthly report setting forth detailed infor- fied for residency preference under this Act. mation regarding all Federal, private, and a clearly identifiable segment of an agency’s ‘‘(i) Separation pursuant to this section mission or a division or major subdivision of other grants subject to this subsection. Each shall not affect an employee’s rights under such report shall be submitted to the Council an agency.’’. either the Agency Reemployment Priority (b) The District of Columbia Government of the District of Columbia, and to the Com- Program or the Displaced Employee Pro- mittees on Appropriations of the House of Comprehensive Merit Personnel Act of 1978 gram established pursuant to Chapter 24 of Representatives and the Senate, not later (D.C. Code, sec. 1–601.1 et seq.), as amended the District Personnel Manual. by section 149 of the District of Columbia ‘‘(j) The Mayor shall submit to the Council than 15 days after the end of the month cov- Appropriations Act, 1996 (Public Law 104– a listing of all positions to be abolished by ered by the report. 134), is amended by adding at the end the fol- agency and responsibility center by March 1, CHIEF FINANCIAL OFFICER POWERS DURING lowing new section: 1997, or upon the delivery of termination no- CONTROL PERIODS ‘‘SEC. 2407. ABOLISHMENT OF POSITIONS FOR tices to individual employees. FISCAL YEAR 1997. ‘‘(k) Notwithstanding the provisions of sec- SEC. 142. Notwithstanding any other provi- ‘‘(a) Notwithstanding any other provision tion 1708 or section 2402(d), the provisions of sion of law, during any control period in ef- of law, regulation, or collective bargaining this Act shall not be deemed negotiable. fect under subtitle A of title II of the Dis- agreement either in effect or to be nego- ‘‘(l) A personnel authority shall cause a 30- trict of Columbia Financial Responsibility tiated while this legislation is in effect for day termination notice to be served, no later and Management Assistance Act of 1995 the the fiscal year ending September 30, 1997, than September 1, 1997, on any incumbent following shall apply: each agency head is authorized, within the employee remaining in any position identi- (a) the heads and all personnel of the fol- agency head’s discretion, to identify posi- fied to be abolished pursuant to subsection lowing offices, together with all other Dis- tions for abolishment. (b) of this section’’. trict of Columbia executive branch account- ‘‘(b) Prior to February 1, 1997, each person- CEILING ON EXPENSES AND DEFICIT ing, budget, and financial management per- nel authority shall make a final determina- SEC. 141. (a) CEILING ON TOTAL OPERATING sonnel, shall be appointed by, shall serve at tion that a position within the personnel au- EXPENSES AND DEFICIT.— the pleasure of, and shall act under the di- thority is to be abolished. (1) IN GENERAL.—Notwithstanding any rection and control of the Chief Financial ‘‘(c) Notwithstanding any rights or proce- other provision of law, the total amount ap- Officer: dures established by any other provision of propriated in this Act for operating expenses The Office of the Treasurer. this title, any District government em- for the District of Columbia for fiscal year The Controller of the District of Columbia. ployee, regardless of date of hire, who en- 1997 under the caption ‘‘DIVISION OF EX- The Office of the Budget. cumbers a position identified for abolish- PENSES’’ shall not exceed the lesser of— The Office of Financial Information Serv- ment shall be separated without competition (A) the sum of the total revenues of the ices. or assignment rights, except as provided in District of Columbia for such fiscal year and The Department of Finance and Revenue. this section. $40,000,000; or The District of Columbia Financial Respon- ‘‘(d) An employee affected by the abolish- (B) $5,108,913,000 (of which $134,528,000 shall sibility and Management Assistance Author- ment of a position pursuant to this section be from intra-District funds). ity established pursuant to Public Law 104–8, who, but for this section would be entitled to (2) ENFORCEMENT.—The Chief Financial Of- approved April 17, 1995, may remove such in- compete for retention, shall be entitled to ficer of the District of Columbia and the Dis- dividuals from office for cause, after con- one round of lateral competition pursuant to trict of Columbia Financial Responsibility sultation with the Mayor and the Chief Fi- Chapter 24 of the District of Columbia Per- and Management Assistance Authority shall nancial Officer. sonnel Manual, which shall be limited to po- take such steps as are necessary to assure (b) The Chief Financial Officer shall pre- sitions in the employee’s competitive level. that the District of Columbia meets the re- pare and submit to the Mayor, for inclusion ‘‘(e) Each employee who is a bona fide resi- quirements of this section, including the ap- in the annual budget of the District of Co- dent of the District of Columbia shall have portioning by the Chief Financial Officer of lumbia under part D of title IV of the Dis- added 5 years to his or her creditable service the appropriations and funds made available trict of Columbia Self-Government and Gov- for reduction-in-force purposes. For purposes to the District during fiscal year 1997. ernmental Reorganization Act of 1973, ap- of this subsection only, a nonresident Dis- (b) ACCEPTANCE AND USE OF GRANTS NOT proved December 24, 1973 (87 Stat. 774; Public trict employee who was hired by the District INCLUDED IN CEILING.— Law 93–198), as amended, for each fiscal year government prior to January 1, 1980, and has (1) IN GENERAL.—Notwithstanding sub- occurring during a control period in effect not had a break in service since that date, or section (a), the Mayor of the District of Co- under subtitle A of title II of the District of a former employee of the United States De- lumbia may accept, obligate, and expend Columbia Financial Responsibility and Man- partment of Health and Human Services at Federal, private, and other grants received agement Assistance Act of 1995, annual esti- Saint Elizabeths Hospital who accepted em- by the District government that are not re- mates of the expenditures and appropriations ployment with the District government on flected in the amounts appropriated in this necessary for the operation of the Office of October 1, 1987, and has not had a break in Act. the Chief Financial Officer for the year. All service since that date, shall be considered a (2) REQUIREMENT OF CHIEF FINANCIAL OFFI- such estimates shall be forwarded by the District resident. CER REPORT AND FINANCIAL RESPONSIBILITY Mayor to the Council of the District of Co- ‘‘(f) Each employee selected for separation AND MANAGEMENT ASSISTANCE AUTHORITY AP- lumbia for its action pursuant to sections 446 pursuant to this section shall be given writ- PROVAL.—No such Federal, private, or other and 603(c) of the District of Columbia Self- ten notice of at least 30 days before the effec- grant may be accepted, obligated, or ex- Government and Governmental Reorganiza- tive date of his or her separation. pended pursuant to paragraph (1) until— tion Act, Public Law 93–198, approved De- ‘‘(g) Neither the establishment of a com- (A) the Chief Financial Officer of the Dis- cember 24, 1973, without revision but subject petitive area smaller than an agency, nor the trict submits to the District of Columbia Fi- to recommendations. Notwithstanding any determination that a specific position is to nancial Responsibility and Management As- other provisions of the District of Columbia be abolished, nor separation pursuant to this sistance Authority established by Public Self-Government and Governmental Reorga- section shall be subject to review except as Law 104–8 (109 Stat. 97) a report setting forth nization Act, Public Law 93–198, approved follows— detailed information regarding such grant; December 24, 1973, the Council may comment ‘‘(1) an employee may file a complaint con- and or make recommendations concerning such testing a determination or a separation pur- (B) the District of Columbia Financial Re- estimates, but shall have no authority to re- suant to title XV of this Act or section 303 of sponsibility and Management Assistance Au- vise such estimates. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8067 POLICE AND FIRE FIGHTER DISABILITY SEC. 146. (a) COMPLIANCE WITH BUY AMER- Mr. TRAFICANT. Mr. Chairman, I RETIREMENTS ICAN ACT.—None of the funds made available appreciate the support of the sub- SEC. 143. (a) Up to 50 police officers and up in this Act may be expended by an entity un- committee Chair. to 50 Fire and Emergency Medical Services less the entity agrees that in expending the Mr. DIXON. Mr. Chairman, will the members with less than 20 years of depart- funds the entity will comply with the Buy American Act (41 U.S.C. 10a–10c). gentleman yield? mental service who were hired before Feb- Mr. TRAFICANT. I yield to the gen- ruary 14, 1980, and who retire on disability (b) SENSE OF CONGRESS; REQUIREMENT RE- before the end of calendar year 1997 shall be GARDING NOTICE.— tleman from California, the distin- (1) PURCHASE OF AMERICAN-MADE EQUIPMENT excluded from the computation of the rate of guished ranking member. AND PRODUCTS.—In the case of any equipment disability retirements under subsection Mr. DIXON. Mr. Chairman, the mi- or product that may be authorized to be pur- 145(a) of the District of Columbia Retirement nority has no objection to this amend- chased with financial assistance provided Reform Act of 1979 (93 Stat. 882; D.C. Code, using funds made available in this Act, it is ment. It is a good amendment. sec. 1–725(a)), for purposes of reducing the au- the sense of the Congress that entities re- Mr. TRAFICANT. Mr. Chairman, thorized Federal payment to the District of ceiving the assistance should, in expending with that I hope wherever possible Columbia Police Officers and Fire Fighters’ the assistance, purchase only American- when we expend U.S. taxpayer dollars Retirement Fund pursuant to subsection made equipment and products to the great- 145(c) of the District of Columbia Retirement it is on American-made products from est extent practicable. Reform Act of 1979. American workers who pay our taxes. (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— (b) The Mayor, within 30 days after the en- Mr. Chairman, I yield back the bal- In providing financial assistance using funds actment of this provision, shall engage an made available in this Act, the head of each ance of my time. enrolled actuary, to be paid by the District agency of the Federal or District of Colum- The CHAIRMAN. The question is on of Columbia Retirement Board, and shall bia government shall provide to each recipi- the amendment offered by the gen- comply with the requirements of section ent of the assistance a notice describing the tleman from Ohio [Mr. TRAFICANT]. 142(d) and section 144(d) of the District of Co- statement made in paragraph (1) by the Con- The amendment was agreed to. lumbia Retirement Reform Act of 1979 (Pub- gress. The CHAIRMAN. Are there further lic Law 96–122, approved November 17, 1979; (c) PROHIBITION OF CONTRACTS WITH PER- D.C. Code, secs. 1–722(d) and 1–724(d). amendments? SONS FALSELY LABELING PRODUCTS AS MADE If not, the Clerk will read the last (c) This section shall not go into effect IN AMERICA.—If it has been finally deter- until 15 days after the Mayor transmits the mined by a court or Federal agency that any two lines of the bill. actuarial report required by section 142(d) of person intentionally affixed a label bearing a The Clerk read as follows: the District of Columbia Retirement Reform ‘‘Made in America’’ inscription, or any in- This Act may be cited as the District of Act of 1979 (Public Law 96–122, approved No- scription with the same meaning, to any Columbia Appropriations Act, 1997. vember 17, 1979) to the District of Columbia product sold in or shipped to the United Retirement Board, the Speaker of the House Mr. WALSH. Mr. Chairman, I move States that is not made in the United States, that the Committee do now rise. of Representatives, and the President pro the person shall be ineligible to receive any tempore of the Senate. contract or subcontract made with funds The motion was agreed to. SEC. 144. (a) Section 451(c)(3) of the District made available in this Act, pursuant to the Accordingly the Committee rose; and of Columbia Self-Government and Govern- debarment, suspension, and ineligibility pro- the Speaker pro tempore (Mr. WALSH) mental Reorganization Act, approved De- cedures described in sections 9.400 through having assumed the chair, Mr. HAST- cember 24, 1973 (87 Stat. 803; D.C. Code, sec. 9.409 of title 48, Code of Federal Regulations. INGS of Washington, Chairman of the 1–1130(c)(3)), is amended by striking the word ‘‘section’’ and inserting the word ‘‘sub- Mr. TRAFICANT (during the read- Committee of the Whole House on the section’’ in its place. ing). Mr. Chairman, I ask unanimous State of the Union, reported that that DISTRICT OF COLUMBIA SCHOOL REFORM consent the amendment be considered Committee, having had under consider- as read and printed in the RECORD. ation the bill (H.R. 3845), making ap- SEC. 145. Section 2204(c)(2) of the District The CHAIRMAN. Is there objection of Columbia School Reform Act of 1995 (Pub- propriations for the government of the lic Law 104–134) is amended to read as fol- to the request of the gentleman from District of Columbia and other activi- lows: Ohio? ties chargeable in whole or in part ‘‘(2) TUITION, FEES, AND PAYMENTS.— There was no objection. against the revenues of said District ‘‘(A) PROHIBITION.—A public charter school Mr. TRAFICANT. Mr. Speaker, this for the fiscal year ending September 30, may not, with respect to any student other is an amendment that has been offered 1997, and for other purposes, had come than a nonresident student, charge tuition, to all the appropriation bills, and I am to no resolution thereon. impose fees, or otherwise require payment going to thank all the appropriators f for participation in any program, edu- for, over the years, including this lan- cational offering, or activity that— guage into the bills. I think it encour- ‘‘(i) enrolls students in any grade from kin- RECESS ages people to whenever possible in uti- dergarten through grade 12; or The SPEAKER pro tempore. Pursu- lizing the scarce procurement dollars ‘‘(ii) is funded in whole or part through an ant to clause 12 of rule I, the Chair de- of the U.S. Government, to attempt to annual local appropriation. clares the House in recess subject to ‘‘(B) EXCEPTION.—A public charter school buy wherever possible American-made the call of the Chair. may impose fees or otherwise require pay- products. ment, at rates established by the Board of In addition, anybody who would, in Accordingly (at 4 o’clock and 5 min- Trustees of the school, for any program, edu- fact, place a false, fraudulent made-in- utes p.m.), the House stood in recess cational offering, or activity not described in America label on any product that is subject to the call of the Chair. clause (i) or (ii) of subparagraph (A), includ- sold to our Government through any of f ing adult education programs, or for field these contracted agreements would be trips or similar activities.’’. b 1731 prohibited from bidding on further con- Mr. WALSH (during the reading). Mr. tracts. AFTER RECESS Chairman, I ask unanimous consent So I appreciate the fact the appropri- The recess having expired, the House that the bill through page 52, line 23, be ators have included this language. It is was called to order by the Speaker pro considered as read, printed in the that standard language that has been tempore [Mr. GUTKNECHT] at 5 o’clock RECORD, and open to amendment at on other appropriation bills. any point. Mr. WALSH. Mr. Chairman, will the and 31 minutes p.m. The CHAIRMAN. Is there objection gentleman yield? f to the request of the gentleman from Mr. TRAFICANT. I yield to the dis- New York? tinguished gentleman from New York. DISTRICT OF COLUMBIA There was no objection. Mr. WALSH. Mr. Chairman, I thank APPROPRIATIONS ACT, 1997 AMENDMENT OFFERED BY MR. TRAFICANT the gentleman from Ohio [Mr. TRAFI- The SPEAKER pro tempore. Pursu- Mr. TRAFICANT. Mr. Chairman, I CANT] for yielding. We have examined ant to the order of the House of Thurs- offer an amendment. the amendment, Mr. Chairman, find it day, July 18, 1996, and rule XXIII, the The Clerk read as follows: to be in perfectly good order, find it to Chair declares the House in the Com- Amendment offered by Mr. TRAFICANT: be consistent with the wishes of the mittee of the Whole House on the State Page 52, after line 23, insert the following subcommittee, and have no objections of the Union for the further consider- new section: to the gentleman’s amendment. ation of the bill, H.R. 3845. H8068 CONGRESSIONAL RECORD — HOUSE July 22, 1996 b 1732 have done in terms of controlling the in this bill for fiscal year 1997 is ex- IN THE COMMITTEE OF THE WHOLE level of spending and trying to get the actly the same amount that was appro- Accordingly the House resolved itself fiscal house in order not only for the priated in each of the last 2 years. In into the Committee of the Whole House District of Columbia, but for all of the other words, this will make it 3 years on the State of the Union for the fur- taxpayers of the United States. in a row with no increase—a flat Fed- But, Mr. Chairman, I think, in fair- ther consideration of the bill (H.R. eral payment appropriation for the ness, if we are going to offer this to one 3845) making appropriations for the past 3 years for the District of Colum- appropriation bill, we have to offer it government of the District of Columbia bia. to all of them. This amendment that I Third, the Constitution places the re- and other activities chargeable in am offering today affects the $660 mil- sponsibility for the District under the whole or in part against the revenues lion that goes to the District of Colum- Congress, and it is our duty to provide of said District for the fiscal year end- bia in the way of a Federal payment. It a fair contribution for the operation of ing September 30, 1997, and for other does not affect the Federal contribu- the seat of our national Government. purposes, with Mr. HASTINGS of Wash- tions to employees’ retirement ac- Mr. Chairman, the District is in the ington in the chair. counts, it does not affect the rest of midst of a financial crisis. In response The Clerk read the title of the bill. the $5 billion which flows through the to that crisis, this Congress last year The CHAIRMAN. When the Commit- District of Columbia general fund, and passed legislation to create a financial tee of the Whole House rose earlier it does not unfairly pick on the Dis- control board. That board has been in today, the amendment offered by the trict of Columbia. place a little over a year and is making gentleman from Ohio [Mr. TRAFICENT] We have offered this same amend- some progress in grappling with the had been disposed of, and the bill had ment to all appropriation bills since situation. been read through page 52, line 25. the approval of the joint budget resolu- I would say to my good friend and Are there further amendments to the tion conference committee report. We colleague from Minnesota that we are bill? are asking the District of Columbia appropriating exactly the amount au- AMENDMENT OFFERED BY MR. GUTKNECHT government to make the same kind of thorized by his committee. The author- Mr. GUTKNECHT. Mr. Chairman, I sacrifice that we have asked the rest of izers told us this is the amount that we offer an amendment. the Federal Government to make, a should spend, and in respect to that The Clerk read as follows: simple 1.9 percent reduction. committee and in respect to the proc- Amendment offered by Mr. GUTKNECHT: As I said earlier, I serve on the Dis- ess, we are appropriating at exactly Page 52, after line 23, insert the following trict of Columbia Subcommittee, I ap- that level. If the gentleman wishes to new section: preciate the work that that District of change that authorization, he is on the SEC. 146. The amount otherwise provided Columbia Subcommittee has done, and committee that can make that change. under the heading ‘‘Federal Payment to the So, Mr, Chairman, I urge my col- District of Columbia’’ for the fiscal year end- I appreciate the work that the finan- ing September 30, 1997, is hereby reduced by cial oversight board has been doing to leagues to vote ‘‘no’’ on the gentle- 1.9 percent. try and put the District of Columbia man’s amendment. We should not shirk our responsibility to our Nation’s Cap- Mr. WALSH. Mr. Chairman, I ask back on a financial path toward sol- ital by reducing the Federal payment unanimous consent that all debate on vency. But I believe that if we are to a level below what it was 3 years this amendment and all amendments going to be fair and if we are going to be honest and if we are going to be con- ago. thereto close in 20 minutes and that Mr. Chairman, I reserve the balance the time be equally divided. sistent in what we do around here, I have to offer this amendment in good of my time. The CHAIRMAN. Is there objection Mr. GUTKNECHT. Mr. Chairman, I to the request of the gentleman from faith. Mr. Chairman, I reserve the balance yield 3 minutes to the gentleman from New York? of my time. Indiana [Mr. SOUDER]. There was no objection. Mr. WALSH. Mr. Chairman, I yield Mr. SOUDER. Mr. Chairman, first off The CHAIRMAN. The Chair recog- myself such time as I may consume. I want to congratulate the gentleman nizes the gentleman from Minnesota (Mr. WALSH asked and was given from New York [Mr. WALSH] and the [Mr. GUTKNECHT] for 10 minutes. permission to revise and extend his re- gentleman from Virginia [Mr. DAVIS] Mr. GUTKNECHT. Mr. Chairman, I marks.) also in the authorizing committee, for yield myself such time as I may Mr. WALSH. Mr. Chairman, I rise in their hard work. Washington, DC, is consume. opposition to the gentleman’s amend- our national Capital. It is seen across Mr. Chairman, this is the next in- ment. While I know it is with the best this country as a symbol of our Nation, stallment of the amendments that I of intentions, looking toward reducing it is seen throughout the world as a have been offering to all of the appro- our deficit by reducing our Federal symbol of our Nation, and its efforts to priation bills since the House passed spending, I want to assure him that we try to improve the situation there and the joint budget conference committee have made every effort to do so, in to shepherd it are to be commended, report, and as my colleagues will prob- fact, have been accused of asking for and as my colleagues well know, as we ably recall, under that report this too many spending cuts of the District go through this amendment process, House for the first time in the last 4 of Columbia. these amendments are not aimed at years is actually going to allow the The Federal payment to the District any particular committee or any par- deficit of the United States to go up in of Columbia is a contribution that is ticular approach. the next fiscal year, and many of us made in lieu of taxes to the District I also serve on the authorizing com- who were upset upon learning that government. The Federal Government mittee, the Committee on Government went back to our offices and tried to occupies roughly 45 percent of the land Reform and Oversight, and as my col- figure out what it was that perhaps we area of this city. This payment is our leagues know, authorizing numbers are could do on a constructive basis to re- contribution to the local community a cap, they are not the actual amount. cover that fumble. And what we came for the police, fire, and other services That is up to the appropriating com- up with was the notion that if we of- that are provided not only to Congress, mittee what they spend, and when we fered a 1.9 percent across-the-board re- but to the Federal offices and foreign got our authorizing cap, we did not re- duction on the balance of the appro- embassies and various groups that have alize that the budget was going to have priation bills that were still out there, received congressionally chartered tax a bump up in the second year. That we could recover $4.1 billion in addi- exemptions, not to mention the mil- came later in the whole negotiating tional Federal spending. lions and millions of tourists and other process, and some of the appropriating So I offer this amendment in good visitors who come here either to see numbers got bumped up in dealing with faith even though I serve in the Dis- the beauty of our Nation’s Capital or the President and with the Senate, and trict of Columbia Oversight Sub- to participate in government or in we did not come to Congress to watch committee, and I appreciate the work business. the deficit go up our second year here. that the gentleman from New York The second point I want to make is We made a commitment to the Amer- [Mr. WALSH] and his subcommittee that the amount we are recommending ican people that that deficit was going July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8069 to go down. And we did better than ex- reducing deficit spending or reducing nancial burden we are placing on our pected last year. Now we have a chal- our deficits than I. We have, I think, children. lenge to meet. made great effort here to reduce the This amendment will trim less than 2 One of our concerns as fellow Repub- projected deficit by an additional $59 percent—just two pennies from every licans is that some of the rhetoric that million or 60 percent to bring this dollar of discretionary spending in this has been used against our 1.9 percent budget closer to balance. It may take appropriations bill. The District re- amendment is potentially digging our another year before we get there, but ceives approximately $717 million in party into a trap. Next year our discre- we are heading in the right direction. the form of a Federal payment, a pay- tionary spending is supposed to go Mr. Chairman, I yield 3 minutes to ment to the teachers’, firefighters’, po- down 4 percent in actual dollars. Non- the distinguished gentleman from Cali- lice, and judges’ retirement fund, and a defense spending is supposed to go fornia [Mr. DIXON], the ranking mem- payment for this 1997 inauguration. In- down 4 percent in our own budget that ber of the committee. cluded among the reasons that the Dis- we voted for, yet we constantly hear Mr. DIXON. Mr. Chairman, I thank trict receives the Federal payment is every time we bring up this amend- the gentleman from New York for the notion that a large percentage of ment, ‘‘Oh, there’s nothing that can be yielding this time to me, and I rise in the city’s land is owned by the Federal cut, there’s nothing that can be re- opposition to this amendment. Government. In actuality, just over 26 duced.’’ If there is nothing that can be Every day we open the newspaper or percent of the city’ property is owned reduced, how in the world are we going turn on TV we see a problem that needs by the Federal Government. However, to reduce things 4 percent next year? to be fixed in the District of Columbia. 68 percent of Alaska is owned by the Every time we bring this up, we hear We need to restore the infrastructure Federal Government, 64 percent of over and over that, oh, we are going to to the water system here. Public Utah is owned by the Federal Govern- wipe out this, we are going to wipe out health, in my personal view, is in a cri- ment, and a whopping 83 percent of the that, and if we are not careful, we are sis in the District of Columbia. And State of Nevada is owned by the Fed- going to hoist ourselves on our own public safety, even 60 Minutes is now eral Government. At the same time, rhetoric and dig ourselves into a hole. paying attention to it. Alaskans receive $1,755 per capita in The fact is that the budget deficit goes The gentleman from Minnesota Federal revenues; Utah residents re- up, I wish we could target it more pre- seems to say that because he offered ceive $634 in per capita Federal reve- cisely, I wish we could have worked it this amendment on 12 other bills that nues; and Nevada residents receive just out through the different appropriating he must offer it on this bill. I would $547. District residents, on the other committees to be fair and rather than suggest to the body that we respond to hand, receive $3,898 per capita in Fed- doing a 1.9 percent, but at this point him the same way that we did on the eral revenues. When we consider these since we do not have a lockbox that other 12 bills and reject this amend- facts, a 1.9 percent decrease in the Fed- works, this is our only way to have the ment. eral payment seems like a small budget deficit not go up the second b 1745 amount to ask for. I can assure you, year. Mr. Chairman, that I do not believe Any my friends on the Democratic Mr. Chairman, as I said earlier, I do this is the most perfect solution for side of the aisle, this is not aimed at have some regrets about having to cutting $4 billion from the appropria- the District of Columbia. I commend offer this amendment, but I think it tions bills, and I can assure you that not only the delegate from the District needs to be put in perspective in terms this is not being done to target any of Columbia [Ms. NORTON] and many of of how much money is actually spent specific appropriations bill or any spe- the others for their efforts, but quite here in the District of Columbia. cific program—but this is a solution frankly we did not control the House The per capita total spending, for ex- that will be shared by all. I asked ev- for 40 years. We have a terrible deficit ample, in States like Nevada, is $4,900. erybody in this body—from both sides that we have to get control of, that we Here in the District it is $9,954. There is of the aisle—who is serious about stay- were making progress, and we are very waste. They could reduce spending by ing on that real path toward a balanced nervous that this step backward that 1.9 percent without dramatically af- budget to support our amendment. we are doing, ever so slight a step, but fecting public safety and the water- Mr. WALSH. Mr. Chairman, I yield 3 nevertheless a step, is in the wrong di- works and so forth. minutes to the gentlewoman from the rection, and the American people sent Mr. Chairman, I yield 2 minutes to District of Columbia [Ms. NORTON]. many of us here because they were the gentleman from Indiana [Ms. Ms. NORTON. Mr. Chairman, I thank tired of hearing ‘‘tomorrow, tomorrow, HOSTETTLER], my freshman colleague. the gentleman for yielding time to me. tomorrow.’’ They want to see it happen (Mr. HOSTETTLER asked and was I am inclined to simply say, ‘‘Enough now, and this is our only way we have given permission to revise and extend already.’’ Mr. Chairman, look at this to express our frustration not only his remarks.) week’s U.S. News and World Report. with our own leadership, but our frus- Mr. HOSTETTLER. Mr. Chairman, I The National Capital, the gentleman’s tration with the way Congress works. rise in strong support of this amend- capital, has become a national daily Every program has some benefits, ment to the fiscal year 1997 District of controversy. You cannot separate every spending has some benefits, but Columbia appropriations bill to de- yourself from that. we do not have any money. Even at the crease funding in the bill by 1.9 percent There is a reason why the chairman extreme it will take 7 years to balance across the board. I believe that this is of the committee on which you serve our budget on an annual basis. House- the seventh time we have come to the and the chairman of the subcommittee holds do not have that choice, busi- floor to offer this amendment. While of the Committee on Appropriations nesses do not have that choice, State we have not been successful with our oppose this bill. This is not an appro- governments do not have that choice, previous efforts, we are not discour- priation we are dealing with; this is a local governments do not have that aged. When it comes to protect the fi- city we are dealing with. It is a city choice, yet every time we try to reduce nancial future of this country’s chil- that is insolvent. it just 1.9 percent it is always too dren, we must be tireless. These across-the-board cuts have much. While many come to the Chamber been offered before in the Congress, but Mr. WALSH. Mr. Chairman, I yield and criticized the budget resolution for never for the District of Columbia ap- myself such time as I may consume to increasing the deficit, few of us sup- propriation. There is a reason for it. It comment on my colleague’s remarks. ported these efforts to regain that is a complicated organism we are deal- We have made, I think, tremendous extra spending. Before we decide that ing with here. It is down on its knees, progress in reducing our deficit spend- we just can’t resist the temptation to going, going, gone. ing. This Congress reduced discre- spend these few extra dollars—those The Federal payment has not in- tionary spending by $56 billion last few extra dollars that represent the creased in 5 years. For the third year year, a remarkable and astounding thousands of hours of hard work per- in a row the chairman has required a feat, given past performance, and no formed by hard working folks in my cut in the District’s payment. Mr. one in this body is more committed to district—we should think about the fi- Chairman, the PILOT we have here, H8070 CONGRESSIONAL RECORD — HOUSE July 22, 1996 PILOT, the payment in lieu of taxes, tee, the gentleman from Virginia [Mr. not enough tax money flowing through keeps us from building on the most val- DAVIS]. Both are doing an outstanding the District of Columbia. uable and most useful land in the city, job, and are the hardest workers in this On a per capita basis, if we compare right in the middle of the city. Congress. the schools, for example, how much we Let me tell the Members something: I have a high regard for my friend, spend back in Minnesota on our public Congress has not paid its taxes re- the gentleman from Minnesota [Mr. schools, something like $5,600. Here in cently, because the PILOT has not GUTKNECHT], on the committee on the District of Columbia, by some esti- been increased in 5 years. Before that, which I serve, but I must oppose his mates, it is almost $10,000. The problem until 1991, it had not been increased in amendment. I think enough. We have is not that we are not spending enough 5 years. cut budgets as much as we reasonably money, but the District and the Fed- Mr. Chairman, we have been using a can. eral Government, as oversight, have monolithic strategy to downsize the Washington must remain a beautiful not been ensuring that those moneys District of Columbia. We have been world capital. It is a beautiful world are spent properly. using that even before the 104th Con- capital, but there are a couple of things Mr. Chairman, what this amendment gress came into place. It is going down I would like to ask a question of the is really about is keeping our promises so fast that the taxpayers are picking chairman about, to see if we could of last year. As the gentleman from In- up and leaving at a rate that should change. That is, driving around town diana [Mr. SOUDER] said, if we cannot make your hair stand on end. yesterday, I found numerous stoplights cut 1.9 percent this year, how are we I have not called for an end of never replaced, crossing walk lights going to cut 4 percent next year? Bal- downsizing or an end of cuts, but after never replaced, potholes never filled. I ancing the budget is not what you do a control board and a Committee on think that is the impression every sin- next year, it is not what you do 2 years Appropriations have looked closely at gle visitor to Washington gets. from now, it is what you do this year. a city that is on the verge of dying and If we are going to put in this Federal I think we have to keep faith with cut and said no more cuts, it ill be- contribution, can we at least get the what we told the voters 2 years ago. I hooves any of us to come to this floor District Department of Public Works think we have to keep faith with our and, shall we say, third-guess them on to do something about simple matters children. This is about generational eq- what should be done. like that, that do affect life and death? uity, it is not about whether potholes The 1.9-percent cut, you are not sell- Mr. WALSH. Mr. Chairman, will the are going to be filled in Washington, ing anything, I do not know why you gentleman yield? DC. They have not been filled in the do not say 2 percent cut and round off Mr. HORN. I yield to the gentleman past and perhaps they will not be filled this figure, the 2-percent cut I think is from New York. in the future. But we can balance the sincerely offered, and it is sincerely re- Mr. WALSH. Mr. Chairman, in re- Federal budget, if everybody is willing ceived. sponse to the gentleman’s questions, to tighten their belts just a little bit. I ask Members to note the difference we are all very much aware of all of If we take 1.9 percent across-the- between an ordinary appropriation and these problems in the city. I would re- broad and we compare it to a haircut, a city in the deepest possible trouble. I mind my colleague that these did not and what we are talking about is giv- ask Members to realize that the 2-per- just happen overnight. The bridges and ing the bureaucracy a slight haircut, it cent cut has more than been made by, roads and infrastructure and police is like cutting your hair about one- first, the control board, then the sub- cars and fire engines have been running eighth of an inch. Most people would committee, then the Committee on Ap- on basically empty for years. There has not even notice the difference. propriations, and now, it would appear, been no investment in the schools. The Mr. WALSH. Mr. Chairman, I yield by the full body here. Please vote city’s capital program basically does myself the balance of my time. against this amendment. not exist. The CHAIRMAN. The gentleman Mr. GUTKNECHT. Mr. Chairman, I The fact is, the District of Colum- from New York [Mr. WALSH] is recog- yield 1 minute to my colleague, the bia’s budget is over $5 billion for a city nized for 1 minute. gentleman from Wisconsin [Mr. NEU- of 550,000 people. The State of South Mr. WALSH. Mr. Chairman, just to MANN]. Carolina, with 31⁄2 million people, has a sum up, we certainly have worked very Mr. NEUMANN. Mr. Chairman, I budget of $4 billion. So it would seem hard to try to get this bill to where it thank the gentleman for yielding time that there is enough money. is today. Basically it is a bipartisan to me. We have discussed this with the city bill. Not everyone is happy with it. Mr. Chairman, I serve on this com- officials and have urged them to spend Is it the right amount of Federal mittee, and I have the greatest respect money on these public works projects. funds? I believe it is. If we were to re- for our committee chairman and for Basically the funds in this bill are at duce another $12 million, $13 million, the ranking minority member and for their discretion to spend, but we do the District could take that from wher- all the work that has been done here. strongly urge them to make these ever they decide to take it. We just put However, when we get done looking at structural repairs and changes to turn $15 million back in for the fire depart- all of these priorities individually, we the District around from its downward ment. I would hate to think that is have to come back to the fact that we spiral. where it would come from. have a higher priority, and that is to Mr. HORN. If I might suggest to the The fact is this $660 million Federal do what it right for the future of our chairman of the Committee, if he payment is the amount that was au- country. would condition the Federal payment, I thorized, and is the amount included in We are $5.2 trillion in debt. The time think they would move a lot faster. our 602(b) allocation. I think it is the has come for us to do what is right for Mr. GUTKNECHT. Mr. Chairman, I right amount, and I would strongly future generations of Americans and yield myself the balance on my time. urge a ‘‘no’’ vote on the Gutknecht get to a balanced budget. This is sim- The CHAIRMAN. The gentleman amendment. ply a small step in the right direction from Minnesota [Mr. GUTKNECHT] is The CHAIRMAN. All time has ex- for the future of this great country of recognized for 11⁄2 minutes. pired. ours. That is what this is all about. Mr. GUTKNECHT. Mr. Chairman, I The question is on the amendment Mr. WALSH. Mr. Chairman, I yield 2 will end this debate the way I began. I offered by the gentleman from Min- minutes to the gentleman from Califor- do respect the work that is done on the nesota [Mr. GUTKNECHT]. nia [Mr. HORN]. Subcommittee on the District of Co- The question was taken; and the Mr. HORN. Mr. Chairman, I thank lumbia of Committee on Appropria- Chairman announced that the noes ap- the gentleman for yielding time to me. tions for the District of Columbia. This peared to have it. Mr. Chairman, I particularly praise is a very serious problem. But I would Mr. GUTKNECHT. Mr. Chairman, I the chairman of the Subcommittee on have to agree with my colleague, the demand a recorded vote. the District of Columbia of the Com- gentleman from Indiana [Mr. The CHAIRMAN. Pursuant to the mittee on Appropriations and the HOSTETTLER], who spoke earlier. The order of the House of Thursday, July chairman of the authorizing commit- problem is not necessarily that there is 18, 1996, further proceedings on the July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8071 amendment offered by the gentleman Reed Shays Vento Lincoln Nethercutt Thornton Regula Sisisky Visclosky Manzullo Norwood Torricelli from Minnesota [Mr. GUTKNECHT] will Richardson Skaggs Ward Matsui Owens Towns be postponed. Rivers Slaughter Waters McDade Pryce Wilson Are there further amendments? Rose Spratt Watt (NC) Mink Quillen Young (FL) Roukema Stark Waxman Morella Rush SEQUENTIAL VOTES POSTPONED IN THE Roybal-Allard Stokes White Neal Smith (MI) COMMITTEE OF THE WHOLE Sabo Studds Williams The CHAIRMAN. Pursuant to the Sanders Tanner Wise b 1818 Sawyer Thompson Woolsey order of the House of Thursday, July Schiff Thurman Wynn This Clerk announced the following 18, 1996, proceedings will now resume Schroeder Torkildsen Yates pair: On this vote: on those amendments on which further Schumer Torres Zimmer Mrs. Morella for, with Mr. Everett against. proceedings were postponed in the fol- Scott Traficant Serrano Velazquez Mr. MURTHA changed his vote from lowing order: First, the amendment of- ‘‘aye’’ to ‘‘no.’’ fered by the gentlewoman from the NOES—223 Messrs. VENTO, BASS, and BOEH- District of Columbia [Ms. NORTON], fol- Archer Gillmor Ney LERT changed their vote from ‘‘no’’ to lowed by the amendment offered by the Armey Goodlatte Nussle ‘‘aye.’’ gentleman from Minnesota, [Mr. Bachus Goodling Oberstar Baker (CA) Goss Ortiz So the amendment was rejected. GUTKNECHT]. Baker (LA) Graham Orton The result of the vote was announced The Chair will reduce to 5 minutes Barcia Greene (UT) Oxley as above recorded. the time for any electronic vote after Barr Gunderson Packard the first vote in this series. Barrett (NE) Gutknecht Parker AMENDMENT OFFERED BY MR. GUTKNECHT Bartlett Hall (OH) Paxon The CHAIRMAN. The pending busi- AMENDMENT OFFERED BY MS. NORTON Barton Hall (TX) Peterson (MN) Bereuter Hamilton Petri ness is the demand for a recorded vote The CHAIRMAN. The pending busi- Bevill Hancock Pombo on the amendment offered by the gen- ness is the demand for a recorded vote Bilirakis Hansen Porter tleman from Minnesota [Mr. Bliley Hastert Portman on the amendment offered by the gen- GUTKNECHT] on which further proceed- tlewoman from the District of Colum- Blute Hastings (WA) Poshard Boehner Hayes Quinn ings were postponed and on which the bia [Ms. NORTON] on which further pro- Bonior Hayworth Radanovich noes prevailed by voice vote. ceedings were postponed and on which Bono Hefley Rahall The Clerk will designate the amend- the noes prevailed by voice vote. Borski Heineman Riggs Brewster Herger Roberts ment. The Clerk will designate the amend- Browder Hilleary Roemer The Clerk designated the amend- ment. Bryant (TN) Hoekstra Rogers ment. The Clerk designated the amend- Bunn Hoke Rohrabacher RECORDED VOTE ment. Bunning Holden Ros-Lehtinen Burr Hostettler Roth The CHAIRMAN. A recorded vote has RECORDED VOTE Burton Hunter Royce been demanded. The CHAIRMAN. A recorded vote has Buyer Hutchinson Salmon Callahan Hyde Sanford A recorded vote was ordered. been demanded. Calvert Inglis Saxton The vote was taken by electronic de- A recorded vote was ordered. Camp Istook Scarborough vice, and there were—ayes 170, noes 229, The vote was taken by electronic de- Canady Johnson, Sam Schaefer Chabot Jones Seastrand not voting 34, as follows: vice, and there were—ayes 176, noes 223, Chambliss Kanjorski Sensenbrenner [Roll No 333] not voting 34, as follows: Chenoweth Kasich Shadegg AYES—170 [Roll No. 332] Christensen Kildee Shaw Chrysler Kim Shuster Archer Edwards Laughlin AYES—176 Clinger King Skeen Bachus English Leach Baker (CA) Ensign Abercrombie Doggett Kennedy (MA) Coble Kingston Skelton Lewis (KY) Barcia Ewing Ackerman Dooley Kennedy (RI) Coburn Klink Smith (NJ) Linder Barr Foley Andrews Dunn Kennelly Collins (GA) Knollenberg Smith (TX) LoBiondo Barrett (WI) Fowler Baesler Edwards Kleczka Combest LaFalce Smith (WA) Lofgren Bartlett Fox Baldacci Engel Klug Cooley LaHood Solomon Lucas Barton Funderburk Ballenger Eshoo Kolbe Costello Largent Souder Luther Bilbray Ganske Barrett (WI) Evans Lantos Cox Latham Spence Martini Bilirakis Geren Bass Farr Lazio Crane LaTourette Stearns Mascara Blute Gillmor Bateman Fattah Levin Crapo Laughlin Stenholm McCollum Brewster Goodlatte Becerra Fawell Lewis (GA) Cremeans Leach Stockman McHale Browder Gordon Beilenson Fields (LA) Lofgren Cubin Lewis (CA) Stump McInnis Bryant (TN) Goss Bentsen Filner Lowey Cunningham Lewis (KY) Stupak McIntosh Bunning Graham Berman Foglietta Luther Danner Lightfoot Talent Metcalf Burton Green (TX) Bilbray Franks (CT) Maloney Deal Linder Tate Meyers Buyer Gutknecht Bishop Franks (NJ) Markey DeLay Lipinski Tauzin Mica Callahan Hamilton Blumenauer Frelinghuysen Martinez Diaz-Balart Livingston Taylor (MS) Miller (FL) Camp Hancock Boehlert Frost Martini Dickey LoBiondo Taylor (NC) Minge Campbell Hansen Bonilla Furse McCarthy Doolittle Longley Tejeda Molinari Canady Harman Boucher Gejdenson McDermott Dornan Lucas Thomas Montgomery Chabot Hastert Brown (CA) Gibbons McHale Doyle Manton Thornberry Moorhead Chambliss Hastings (WA) Brown (OH) Gilchrest McKinney Dreier Mascara Tiahrt Myrick Chenoweth Hayes Bryant (TX) Gilman Meehan Duncan McCollum Upton Neumann Christensen Hayworth Campbell Gonzalez Meek Ehlers McCrery Volkmer Ney Chrysler Hefley Cardin Gordon Menendez Ehrlich McHugh Vucanovich Nussle Coble Herger Castle Green (TX) Meyers English McInnis Walker Orton Coburn Hilleary Chapman Greenwood Millender- Ensign McIntosh Walsh Paxon Collins (GA) Hobson Clay Harman McDonald Ewing McKeon Wamp Peterson (MN) Combest Hoekstra Clayton Hastings (FL) Miller (CA) Flanagan McNulty Watts (OK) Petri Condit Hoke Clyburn Hefner Minge Foley Metcalf Weldon (FL) Pombo Cooley Holden Coleman Hilliard Moakley Forbes Mica Weldon (PA) Portman Cox Hostettler Collins (IL) Hinchey Molinari Fowler Miller (FL) Weller Radanovich Cramer Hutchinson Collins (MI) Hobson Moran Fox Mollohan Whitfield Ramstad Crane Inglis Condit Horn Nadler Frisa Montgomery Wicker Richardson Crapo Istook Conyers Houghton Obey Funderburk Moorhead Wolf Roberts Cremeans Jacobs Coyne Hoyer Olver Gallegly Murtha Young (AK) Roemer Cubin Johnson, Sam Cramer Jackson (IL) Pallone Ganske Myers Zeliff Rohrabacher Cunningham Jones Cummings Jackson-Lee Pastor Gekas Myrick Ros-Lehtinen Deal Kasich Davis (TX) Payne (NJ) Geren Neumann Roth DeFazio Kelly DeFazio Jacobs Payne (VA) Roukema Diaz-Balart Kim DeLauro Johnson (CT) Pelosi NOT VOTING—34 Royce Dickey Kleczka Dellums Johnson (SD) Peterson (FL) Allard Durbin Ford Salmon Dornan Klug Deutsch Johnson, E. B. Pickett Brown (FL) Everett Frank (MA) Sanford Doyle LaHood Dicks Johnston Pomeroy Brownback Fazio Gephardt Saxton Dreier Largent Dingell Kaptur Ramstad Clement Fields (TX) Gutierrez Schaefer Duncan Latham Dixon Kelly Rangel de la Garza Flake Jefferson Schroeder H8072 CONGRESSIONAL RECORD — HOUSE July 22, 1996 Schumer Souder Thornberry Owens Smith (MI) Wilson Bereuter Furse McNulty Seastrand Spence Tiahrt Pryce Thornton Young (FL) Berman Gallegly Meehan Sensenbrenner Stearns Upton Quillen Torricelli Bevill Ganske Meek Shadegg Stenholm Watts (OK) Rush Towns Bilbray Gejdenson Menendez Shays Stockman Weldon (FL) Bilirakis Gekas Metcalf Skelton Stump Weller b 1827 Bishop Geren Millender- Smith (NJ) Talent White Bliley Gibbons McDonald Smith (TX) Tate Whitfield The Clerk announced the following Blumenauer Gilchrest Miller (CA) Smith (WA) Taylor (MS) Zimmer pair: Blute Gonzalez Miller (FL) Solomon Taylor (NC) On this vote: Boehlert Goodlatte Minge Boehner Goodling Moakley NOES—229 Mr. Everett for, with Mrs. Morella against. Bonilla Gordon Molinari Abercrombie Frost Nadler So the amendment was rejected. Bonior Graham Mollohan Ackerman Furse Oberstar The result of the vote was announced Bono Green (TX) Montgomery Andrews Gallegly Obey Borski Greene (UT) Moran Armey Gejdenson Olver as above recorded. Boucher Greenwood Murtha Baesler Gekas Ortiz The CHAIRMAN. If there are no Browder Gunderson Myers Baker (LA) Gibbons Oxley other amendments, under the previous Brown (CA) Gutknecht Myrick Brown (FL) Hall (OH) Ney Baldacci Gilchrest Packard order of the House of July 18, 1996, the Ballenger Gilman Pallone Brown (OH) Harman Nussle Barrett (NE) Gonzalez Parker Committee rises. Bryant (TN) Hastert Oberstar Bass Goodling Pastor Accordingly, the Committee rose; Bryant (TX) Hastings (FL) Obey Bateman Greene (UT) Payne (NJ) and the Speaker pro tempore (Mr. Bunn Hastings (WA) Olver Becerra Greenwood Payne (VA) Bunning Hayes Ortiz Beilenson Gunderson Pelosi EWING) having assumed the chair, Mr. Burr Hayworth Orton Bentsen Hall (OH) Peterson (FL) HASTINGS of Washington, Chairman of Burton Hefner Oxley Bereuter Hall (TX) Pickett the Committee of the Whole House on Buyer Heineman Packard Callahan Hilliard Pallone Berman Hastings (FL) Pomeroy the State of the Union, reported that Bevill Hefner Porter Calvert Hinchey Parker Bishop Heineman Poshard that Committee, having had under con- Camp Hobson Pastor Bliley Hilliard Quinn sideration the bill, (H.R. 3845), making Canady Hoke Paxon Blumenauer Hinchey Rahall appropriations for the government of Cardin Holden Payne (NJ) Boehlert Horn Rangel Castle Horn Payne (VA) Boehner Houghton Reed the District of Columbia and other ac- Chabot Hostettler Pelosi Bonilla Hoyer Regula tivities chargeable in whole or in part Chambliss Houghton Peterson (FL) Bonior Hunter Riggs against the revenues of said District Chapman Hoyer Pombo Christensen Hunter Pomeroy Bono Hyde Rivers for the fiscal year ending September 30, Borski Jackson (IL) Rogers Chrysler Hutchinson Porter Boucher Jackson-Lee Rose 1997, and for other purposes, and pursu- Clay Hyde Portman Brown (CA) (TX) Roybal-Allard ant to the order of the House of Thurs- Clayton Inglis Poshard Brown (OH) Johnson (CT) Sabo day, July 18, 1996, he reported the bill Clyburn Istook Quinn Bryant (TX) Johnson (SD) Sanders Coburn Jackson (IL) Radanovich Bunn Johnson, E. B. Sawyer back to the House with an amendment Coleman Jackson-Lee Rahall Burr Johnston Scarborough adopted in the Committee of the Collins (GA) (TX) Rangel Calvert Kanjorski Schiff Whole. Collins (IL) Jacobs Reed Collins (MI) Johnson (CT) Regula Cardin Kaptur Scott Pursuant to that order of the House Castle Kennedy (MA) Serrano Conyers Johnson (SD) Richardson Chapman Kennedy (RI) Shaw of July 18, 1996, the previous question is Costello Johnson, E. B. Riggs Clay Kennelly Shuster ordered. Cox Johnson, Sam Rivers Clayton Kildee Sisisky Coyne Johnston Rogers Clinger King Skaggs b 1830 Crane Jones Rohrabacher Clyburn Kingston Skeen Cremeans Kanjorski Ros-Lehtinen Coleman Klink Slaughter Mr. KOLBE. Mr. Speaker, I ask unan- Cubin Kaptur Rose Collins (IL) Knollenberg Spratt imous consent that if proceedings re- Cummings Kasich Roth Cunningham Kelly Roybal-Allard Collins (MI) Kolbe Stark sume on the three postponed questions Conyers LaFalce Stokes Danner Kennedy (MA) Sabo Costello Lantos Studds on agreeing to motions to suspend the Davis Kennedy (RI) Salmon Coyne LaTourette Stupak rules immediately after an electronic Deal Kennelly Sanders Cummings Lazio Tanner DeFazio Kildee Sawyer vote on the question of passing H.R. DeLauro Kim Saxton Danner Levin Tauzin 3845, then the Speaker may reduce to 5 Davis Lewis (CA) Tejeda DeLay King Schiff DeLauro Lewis (GA) Thomas minutes the minimum time for elec- Dellums Kingston Schumer DeLay Lightfoot Thompson tronic voting on each of the postponed Deutsch Kleczka Scott Diaz-Balart Klink Seastrand Dellums Lipinski Thurman questions. Deutsch Livingston Torkildsen Dickey Klug Serrano Dicks Longley Torres The SPEAKER pro tempore (Mr. Dicks Knollenberg Shadegg Dingell Lowey Traficant EWING). Is there objection to the re- Dingell Kolbe Shaw Dixon Maloney Velazquez Dixon LaFalce Shuster quest of the gentleman from Arizona? Doggett Lantos Sisisky Doggett Manton Vento There was no objection. Dooley Markey Visclosky Dooley Largent Skaggs Doolittle Martinez Volkmer The SPEAKER pro tempore. The Doolittle Latham Skeen Dunn McCarthy Vucanovich question is on the amendment. Doyle LaTourette Skelton Dreier Levin Slaughter Ehlers McCrery Walker The amendment was agreed to. Ehrlich McDermott Walsh Dunn Lewis (CA) Smith (NJ) Engel McHugh Wamp The SPEAKER pro tempore. The Durbin Lewis (GA) Smith (TX) Eshoo McKeon Ward question is on the engrossment and Edwards Lewis (KY) Smith (WA) Evans McKinney Waters Ehlers Lightfoot Souder third reading of the bill. Ehrlich Linder Spence Farr McNulty Watt (NC) The bill was ordered to be engrossed Fattah Meehan Waxman Engel Lipinski Spratt Fawell Meek Weldon (PA) and read a third time, and was read the English Livingston Stark Fields (LA) Menendez Wicker third time. Ensign LoBiondo Stokes Eshoo Longley Stupak Filner Millender- Williams The SPEAKER pro tempore. The Flanagan McDonald Wise Evans Lowey Tanner Foglietta Miller (CA) Wolf question is on the passage of the bill. Ewing Lucas Tate Forbes Moakley Woolsey Pursuant to clause 7 of rule XV, the Farr Luther Tauzin Franks (CT) Mollohan Wynn Fattah Manton Taylor (NC) yeas and nays are ordered. Fawell Markey Tejeda Franks (NJ) Moran Yates The vote was taken by electronic de- Frelinghuysen Murtha Young (AK) Fields (LA) Martinez Thomas Frisa Myers Zeliff vice, and there were—yeas 332, nays 68, Filner Martini Thompson not voting 33, as follows: Flanagan Mascara Thornberry NOT VOTING—34 Foglietta McCarthy Thurman [Roll No. 334] Foley McCollum Torres Allard Fields (TX) Manzullo YEAS—332 Forbes McCrery Traficant Brown (FL) Flake Matsui Fox McDermott Velazquez Brownback Ford McDade Abercrombie Baker (LA) Bartlett Franks (CT) McHale Vento Clement Frank (MA) Mink Ackerman Baldacci Bass Franks (NJ) McHugh Visclosky de la Garza Gephardt Morella Andrews Ballenger Bateman Frelinghuysen McInnis Volkmer Durbin Gutierrez Neal Archer Barcia Becerra Frisa McKeon Vucanovich Everett Jefferson Nethercutt Armey Barrett (NE) Beilenson Frost McKinney Walker Fazio Lincoln Norwood Bachus Barrett (WI) Bentsen July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8073 Walsh Weldon (PA) Woolsey [Roll No. 335] Peterson (FL) Schumer Thornberry Wamp White Wynn Peterson (MN) Scott Thurman Ward Whitfield Yates YEAS—395 Petri Seastrand Tiahrt Waters Wicker Young (AK) Pickett Sensenbrenner Torkildsen Abercrombie Dicks Johnson, E. B. Watts (OK) Williams Zeliff Pombo Serrano Torres Ackerman Dingell Johnson, Sam Waxman Wise Pomeroy Shadegg Traficant Andrews Dixon Johnston Weldon (FL) Wolf Porter Shaw Upton Archer Doggett Jones Portman Shays Velazquez Armey Dooley Kanjorski NAYS—68 Poshard Shuster Vento Bachus Doolittle Kaptur Baesler Hansen Roukema Quinn Sisisky Visclosky Baesler Dornan Kasich Baker (CA) Hefley Royce Radanovich Skaggs Volkmer Baker (CA) Doyle Kelly Barr Herger Sanford Rahall Skeen Vucanovich Baker (LA) Dreier Kennedy (MA) Barton Hilleary Scarborough Ramstad Skelton Walker Baldacci Duncan Kennedy (RI) Brewster Hoekstra Schaefer Rangel Slaughter Walsh Ballenger Dunn Kennelly Campbell LaHood Schroeder Reed Smith (NJ) Wamp Barcia Durbin Chenoweth Laughlin Sensenbrenner Kildee Regula Smith (TX) Ward Coble Lazio Shays Barr Edwards Kim Richardson Smith (WA) Waters Combest Leach Solomon Barrett (NE) Ehlers King Riggs Solomon Watt (NC) Condit Lofgren Stearns Barrett (WI) Ehrlich Kingston Rivers Souder Watts (OK) Cooley Maloney Stenholm Bartlett Engel Kleczka Roberts Spence Waxman Cramer McIntosh Stockman Barton English Klink Roemer Spratt Weldon (FL) Crapo Meyers Studds Bass Ensign Klug Rogers Stark Weldon (PA) Dornan Mica Stump Bateman Eshoo Knollenberg Rohrabacher Stearns Weller Duncan Moorhead Talent Becerra Evans Kolbe Ros-Lehtinen Stenholm White Fowler Nadler Taylor (MS) Beilenson Ewing LaFalce Rose Stockman Whitfield Funderburk Neumann Tiahrt Bentsen Farr LaHood Roth Stokes Wicker Gillmor Peterson (MN) Torkildsen Bereuter Fattah Lantos Roukema Studds Williams Gilman Petri Upton Berman Fawell Largent Roybal-Allard Stupak Wise Goss Pickett Watt (NC) Bevill Fields (LA) Latham Royce Talent Wolf Hall (TX) Ramstad Weller Bilbray Filner LaTourette Sabo Tanner Woolsey Hamilton Roberts Zimmer Bilirakis Flanagan Lazio Salmon Tate Wynn Hancock Roemer Bishop Foglietta Leach Sanders Tauzin Yates Bliley Foley Levin Sanford Taylor (MS) Young (AK) NOT VOTING—33 Blumenauer Forbes Lewis (CA) Sawyer Taylor (NC) Zeliff Allard Gephardt Norwood Blute Fowler Lewis (GA) Saxton Tejeda Zimmer Brownback Gutierrez Owens Boehlert Fox Lewis (KY) Schiff Thomas Clement Jefferson Pryce Boehner Franks (CT) Lightfoot Schroeder Thompson Clinger Lincoln Quillen Bonilla Franks (NJ) Linder de la Garza Manzullo Rush Bonior Frelinghuysen Lipinski NAYS—5 Bono Everett Matsui Smith (MI) Frisa Livingston Cooley Scarborough Stump Borski Fazio McDade Thornton Frost LoBiondo Laughlin Schaefer Fields (TX) Mink Torricelli Boucher Funderburk Lofgren Flake Morella Towns Brewster Furse Longley NOT VOTING—33 Browder Gallegly Lowey Ford Neal Wilson Allard Gutierrez Norwood Brown (CA) Ganske Lucas Frank (MA) Nethercutt Young (FL) Brownback Jefferson Owens Brown (FL) Gejdenson Luther Clement Lincoln Pryce b Brown (OH) Gekas Maloney 1846 de la Garza Manzullo Quillen Bryant (TN) Geren Manton Everett Matsui Rush Mrs. MALONEY and Mr. HEFLEY Bryant (TX) Gibbons Markey Fazio McDade Smith (MI) changed their vote from ‘‘yea’’ to Bunn Gilchrest Martinez Fields (TX) Mink Thornton Bunning Gillmor Martini ‘‘nay.’’ Flake Mollohan Torricelli Burr Gilman Mascara So the bill was passed. Ford Morella Towns Burton Gonzalez McCarthy Frank (MA) Neal Wilson The result of the vote was announced Buyer Goodlatte McCollum Gephardt Nethercutt Young (FL) as above recorded. Callahan Goodling McCrery A motion to reconsider was laid on Calvert Gordon McDermott b 1855 the table. Camp Goss McHale Campbell Graham McHugh So (two-thirds having voted in favor f Canady Green (TX) McInnis Cardin Greene (UT) McIntosh thereof) the rules were suspended and ANNOUNCEMENT BY THE SPEAKER Castle Greenwood McKeon the bill was passed. PRO TEMPORE Chabot Gunderson McKinney The result of the vote was announced Chambliss Gutknecht McNulty as above recorded. The SPEAKER pro tempore (Mr. Chapman Hall (OH) Meehan EWING). Pursuant to the provisions of Chenoweth Hall (TX) Meek A motion to reconsider was laid on clause 5 of rule I, the Chair will now Christensen Hamilton Menendez the table. put the question on each motion to Chrysler Hancock Metcalf Clay Hansen Meyers f suspend the rules on which further pro- Clayton Harman Mica ceedings were postponed earlier today Clinger Hastert Millender- AIRLINE PILOT HIRING AND in the order in which that motion was Clyburn Hastings (FL) McDonald SAFETY ACT OF 1996 Coble Hastings (WA) Miller (CA) entertained. Coburn Hayes Miller (FL) The SPEAKER pro tempore. The Votes will be taken in the following Coleman Hayworth Minge pending business is the question of sus- order: Collins (GA) Hefley Moakley pending the rules and passing the bill, H.R. 3267, by the yeas and nays; Collins (IL) Hefner Molinari H.R. 3536, as amended. H.R. 3536, by the yeas and nays; Collins (MI) Heineman Montgomery Combest Herger Moorhead The Clerk read the title of the bill. H.R. 3159, by the yeas and nays. Condit Hilleary Moran The SPEAKER pro tempore. The Pursuant to the order of the House Conyers Hilliard Murtha question is on the motion offered by today, the Chair will reduce to 5 min- Costello Hinchey Myers the gentleman from Tennessee [Mr. utes the time for all electronic vote in Cox Hobson Myrick Coyne Hoekstra Nadler DUNCAN] that the House suspend the this series. Cramer Hoke Neumann rules and pass the bill, H.R. 3536, as f Crane Holden Ney Crapo Horn Nussle amended, on which the yeas and nays CHILD PILOT SAFETY ACT Cremeans Hostettler Oberstar are ordered. The SPEAKER pro tempore. The Cubin Houghton Obey This is a 5-minute vote. Cummings Hoyer Olver The vote was taken by electronic de- question is on the motion offered by Cunningham Hunter Ortiz the gentleman from Tennessee [Mr. Danner Hutchinson Orton vice, and there were—yeas 401, nays 0, DUNCAN] that the House suspend the Davis Hyde Oxley not voting 32, as follows: Deal Inglis Packard [Roll No. 336] rules and pass the bill, H.R. 3267, on DeFazio Istook Pallone which the yeas and nays were ordered. DeLauro Jackson (IL) Parker YEAS—401 This is a 5-minute vote. DeLay Jackson-Lee Pastor Abercrombie Armey Baker (LA) The vote was taken by electronic de- Dellums (TX) Paxon Ackerman Bachus Baldacci Deutsch Jacobs Payne (NJ) vice, and there were—yeas 395, nays 5, Andrews Baesler Ballenger Diaz-Balart Johnson (CT) Payne (VA) Archer Baker (CA) Barcia not voting 33, as follows: Dickey Johnson (SD) Pelosi H8074 CONGRESSIONAL RECORD — HOUSE July 22, 1996 Barr Ehrlich Klug Rivers Skeen Traficant Bonilla Frisa Lofgren Barrett (NE) Engel Knollenberg Roberts Skelton Upton Bonior Frost Longley Barrett (WI) English Kolbe Roemer Slaughter Velazquez Bono Funderburk Lowey Bartlett Ensign LaFalce Rogers Smith (NJ) Vento Borski Furse Lucas Barton Eshoo LaHood Rohrabacher Smith (TX) Visclosky Boucher Gallegly Luther Bass Evans Lantos Ros-Lehtinen Smith (WA) Volkmer Brewster Ganske Maloney Bateman Ewing Largent Rose Solomon Vucanovich Browder Gejdenson Manton Becerra Farr Latham Roth Souder Walker Brown (CA) Gekas Markey Beilenson Fattah LaTourette Roukema Spence Walsh Brown (FL) Geren Martinez Bentsen Fawell Laughlin Roybal-Allard Spratt Wamp Brown (OH) Gibbons Martini Bereuter Fields (LA) Lazio Royce Stark Ward Bryant (TN) Gilchrest Mascara Berman Filner Leach Sabo Stearns Waters Bryant (TX) Gillmor McCarthy Bevill Flanagan Levin Salmon Stenholm Watt (NC) Bunn Gilman McCollum Bilbray Foglietta Lewis (CA) Sanders Stockman Watts (OK) Bunning Gonzalez McCrery Bilirakis Foley Lewis (GA) Sanford Stokes Waxman Burr Goodlatte McDermott Bishop Forbes Lewis (KY) Sawyer Studds Weldon (FL) Burton Goodling McHale Bliley Fowler Lightfoot Saxton Stump Weldon (PA) Buyer Gordon McHugh Blumenauer Fox Linder Scarborough Stupak Weller Callahan Goss McInnis Blute Franks (CT) Lipinski Schaefer Talent White Calvert Graham McIntosh Boehlert Franks (NJ) Livingston Schiff Tanner Whitfield Camp Green (TX) McKeon Boehner Frelinghuysen LoBiondo Schroeder Tate Wicker Campbell Greene (UT) McKinney Bonilla Frisa Lofgren Schumer Tauzin Williams Canady Greenwood McNulty Bonior Frost Longley Scott Taylor (MS) Wise Cardin Gunderson Meehan Bono Funderburk Lowey Seastrand Taylor (NC) Wolf Castle Gutknecht Meek Borski Furse Lucas Sensenbrenner Tejeda Woolsey Chabot Hall (OH) Menendez Boucher Gallegly Luther Serrano Thomas Wynn Chambliss Hall (TX) Metcalf Brewster Ganske Maloney Shadegg Thompson Yates Chapman Hamilton Meyers Browder Gejdenson Manton Shaw Thornberry Young (AK) Chenoweth Hancock Mica Brown (CA) Gekas Markey Shays Thurman Zeliff Christensen Hansen Millender- Brown (FL) Geren Martinez Shuster Tiahrt Zimmer Chrysler Harman McDonald Brown (OH) Gibbons Martini Sisisky Torkildsen Clay Hastert Miller (CA) Skaggs Torres Clayton Hastings (FL) Miller (FL) Bryant (TN) Gilchrest Mascara Clinger Hastings (WA) Minge Bryant (TX) Gillmor McCarthy NOT VOTING—32 Clyburn Hayes Moakley Bunn Gilman McCollum Coble Hayworth Molinari Bunning Gonzalez McCrery Allard Gutierrez Owens Coburn Hefley Montgomery Burr Goodlatte McDermott Brownback Jefferson Pryce Coleman Hefner Moorhead Burton Goodling McHale Clement Lincoln Quillen Collins (GA) Heineman Moran Buyer Gordon McHugh de la Garza Manzullo Rush Collins (IL) Herger Murtha Callahan Goss McInnis Everett Matsui Smith (MI) Collins (MI) Hilleary Myers Calvert Graham McIntosh Fazio McDade Thornton Combest Hilliard Myrick Camp Green (TX) McKeon Fields (TX) Mink Torricelli Flake Morella Towns Condit Hinchey Nadler Campbell Greene (UT) McKinney Ford Neal Wilson Conyers Hobson Neumann Canady Greenwood McNulty Frank (MA) Nethercutt Young (FL) Cooley Hoekstra Ney Cardin Gunderson Meehan Gephardt Norwood Costello Hoke Nussle Castle Gutknecht Meek Cox Holden Oberstar Chabot Hall (OH) Menendez b 1904 Coyne Horn Obey Chambliss Hall (TX) Metcalf Cramer Hostettler Olver Chapman Hamilton Meyers Mr. ROYCE and Mr. COBURN Crane Houghton Ortiz Chenoweth Hancock Mica Crapo Hoyer Orton Christensen Hansen Millender- changed their vote from ‘‘nay’’ to ‘‘yea.’’ Cremeans Hunter Oxley Chrysler Harman McDonald Cubin Hutchinson Packard Clay Hastert Miller (CA) So (two-thirds having voted in favor Cummings Hyde Pallone Clayton Hastings (FL) Miller (FL) thereof) the rules were suspended and Cunningham Inglis Parker Clinger Hastings (WA) Minge the bill, as amended, was passed. Danner Istook Pastor Clyburn Hayes Moakley Davis Jackson (IL) Paxon Coble Hayworth Molinari The result of the vote was announced Deal Jackson-Lee Payne (NJ) Coburn Hefley Mollohan as above recorded. DeFazio (TX) Payne (VA) Coleman Hefner Montgomery DeLauro Jacobs Pelosi Collins (GA) Heineman Moorhead A motion to reconsider was laid on the table. DeLay Johnson (CT) Peterson (FL) Collins (IL) Herger Moran Dellums Johnson (SD) Peterson (MN) Collins (MI) Hilleary Murtha f Deutsch Johnson, E. B. Petri Combest Hilliard Myers Diaz-Balart Johnson, Sam Pickett Condit Hinchey Myrick NATIONAL TRANSPORTATION Dickey Johnston Pombo Conyers Hobson Nadler Dicks Jones Pomeroy Cooley Hoekstra Neumann SAFETY BOARD AMENDMENTS Dingell Kanjorski Porter Costello Hoke Ney The SPEAKER pro tempore (Mr. Dixon Kaptur Portman Cox Holden Nussle Doggett Kasich Poshard Coyne Horn Oberstar EWING). The pending business is the Dooley Kelly Quinn Cramer Hostettler Obey question of suspending the rules and Doolittle Kennedy (MA) Radanovich Crane Houghton Olver passing the bill, H.R. 3159, as amended. Dornan Kennedy (RI) Rahall Crapo Hoyer Ortiz Doyle Kennelly Ramstad Cremeans Hunter Orton The Clerk read the title of the bill. Dreier Kildee Rangel Cubin Hutchinson Oxley The SPEAKER pro tempore. The Duncan Kim Reed Cummings Hyde Packard question is on the motion of the gen- Dunn King Regula Cunningham Inglis Pallone tleman from Tennessee [Mr. DUNCAN] Durbin Kingston Richardson Danner Istook Parker Edwards Kleczka Riggs Davis Jackson (IL) Pastor that the House suspend the rules and Ehlers Klink Rivers Deal Jackson-Lee Paxon pass the bill, H.R. 3159, as amended, on Ehrlich Klug Roberts DeFazio (TX) Payne (NJ) which the yeas and nays are ordered. Engel Knollenberg Roemer DeLauro Jacobs Payne (VA) English Kolbe Rogers DeLay Johnson (CT) Pelosi This is a 5-minute vote. Ensign LaFalce Rohrabacher Dellums Johnson (SD) Peterson (FL) The vote was taken by electronic de- Eshoo LaHood Ros-Lehtinen Deutsch Johnson, E. B. Peterson (MN) vice, and there were—yeas 400, nays 0, Evans Lantos Rose Diaz-Balart Johnson, Sam Petri not voting 33, as follows: Ewing Largent Roth Dickey Johnston Pickett Farr Latham Roukema Dicks Jones Pombo [Roll No. 337] Fattah LaTourette Roybal-Allard Dingell Kanjorski Pomeroy YEAS—400 Fawell Laughlin Royce Dixon Kaptur Porter Fields (LA) Lazio Sabo Doggett Kasich Portman Abercrombie Barcia Bereuter Filner Leach Salmon Dooley Kelly Poshard Ackerman Barr Berman Flanagan Levin Sanders Doolittle Kennedy (MA) Quinn Andrews Barrett (NE) Bevill Foglietta Lewis (CA) Sanford Dornan Kennedy (RI) Radanovich Archer Barrett (WI) Bilbray Foley Lewis (GA) Sawyer Doyle Kennelly Rahall Armey Bartlett Bilirakis Forbes Lewis (KY) Saxton Dreier Kildee Ramstad Bachus Barton Bishop Fowler Lightfoot Scarborough Duncan Kim Rangel Baesler Bass Bliley Fox Linder Schaefer Dunn King Reed Baker (CA) Bateman Blumenauer Franks (CT) Lipinski Schiff Durbin Kingston Regula Baker (LA) Becerra Blute Franks (NJ) Livingston Schroeder Edwards Kleczka Richardson Baldacci Beilenson Boehlert Frelinghuysen LoBiondo Schumer Ehlers Klink Riggs Ballenger Bentsen Boehner July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8075 Scott Stokes Vucanovich WITHDRAWAL OF NAME OF MEM- Santa Ana, CA, one of the small parts Seastrand Studds Walker Sensenbrenner Stump Walsh BER AS COSPONSOR OF H.R. 3467 of about 10 other cities that I have, Serrano Stupak Wamp Ms. DANNER. Mr. Speaker, I ask like Orange or Tuscan or Westminster, Shadegg Talent Ward or I said it could be from my own town Shaw Tanner Waters unanimous consent to withdraw my name as a cosponsor of H.R. 3467. of Garden Grove. Shays Tate Watt (NC) Mr. Speaker, about 24 hours after I Shuster Tauzin Watts (OK) The SPEAKER pro tempore (Mr. spoke, I found out that my constituent Sisisky Taylor (MS) Waxman EWING). Is there objection to the re- Skaggs Taylor (NC) Weldon (FL) quest of the gentlewoman from Mis- who died in that terrible, horrific acci- Skeen Tejeda Weldon (PA) dent was a male. He was from my Skelton Thomas Weller souri? Slaughter Thompson White There was no objection. hometown of Garden Grove, and he was Smith (NJ) Thornberry Whitfield the pilot, Captain Kevorkian. I remem- Smith (TX) Thurman Wicker f ber being on a TWA flight and this cap- Smith (WA) Tiahrt Williams Solomon Torkildsen Wise ELECTION OF MEMBER TO COM- tain coming back during the short Souder Torres Wolf MITTEE ON GOVERNMENT RE- break at altitude, coming back to say Spence Traficant Woolsey FORM AND OVERSIGHT hello to me, tell me that he was a Spratt Upton Wynn neighbor just a few blocks away, and I Stark Velazquez Yates Mr. MICA. Mr. Speaker, I offer a res- Stearns Vento Young (AK) teased him about his name, because of Stenholm Visclosky Zeliff olution (H. Res. 485) and ask unani- the infamous Dr. Kevorkian. Stockman Volkmer Zimmer mous consent for its immediate consid- I could not have been more shocked. eration in the House. NOT VOTING—33 There are towns like Montoursville, The SPEAKER pro tempore. The Allard Gutierrez Norwood PA, that have been just shattered by Brownback Jefferson Owens Clerk will report the resolution. this, but I will now proceed to find out Clement Lincoln Pryce The Clerk read as follows: if Captain Kevorkian was a military de la Garza Manzullo Quillen H. RES. 485 pilot or if he learned to fly as a young Everett Matsui Rush Fazio McDade Smith (MI) Resolved, That the following named Mem- man, hanging around what we used to Fields (TX) Mink Thornton ber be, and he is hereby, elected to the fol- call the gas pit flyers. They would beg Flake Mollohan Torricelli lowing standing committee of the House of rides until they got enough money up Ford Morella Towns Representatives: to take some pilot training lessons, Frank (MA) Neal Wilson Committee on Government Reform and Gephardt Nethercutt Young (FL) Oversight: Mr. Klug of Wisconsin. and then find somebody that would sponsor them. More and more of our pi- b 1912 The SPEAKER pro tempore. Is there lots, as we downsize our military, are objection to the request of the gen- So (two-thirds having voted in favor coming from such programs. tleman from Florida? thereof) the rules were suspended and But this was a sharp pilot that would There was no objection. the bill, as amended, was passed. have gotten on the radio immediately The resolution was agreed to. The result of the vote was announced if a small device had caught fire on the A motion to reconsider was laid on as above recorded. aircraft, as happened with ValuJet the table. A motion to reconsider was laid on down in Florida, that crashed into the the table. f Everglades. This was just such a cata- strophic accident that the odds are f SPECIAL ORDERS narrowing almost to zero that a plane The SPEAKER pro tempore. Under of the size of a 747 and with its excel- ANNOUNCEMENT REGARDING the Speaker’s announced policy of May lent flight safety record could possibly PREPRINTING OF AMENDMENTS 12, 1995, and under a previous order of have had some juxtaposition of events ON H.R. 2391, WORKING FAMILIES the House, the following Members will to cause this massive explosion. FLEXIBILITY ACT be recognized for 5 minutes each. Just as I left the news to come out (Ms. GREENE of Utah asked and was f here, they have located what they given permission to address the House think is the fuselage, four more bodies. The SPEAKER pro tempore. Under a for 1 minute and to revise and extend They still have not reached the half- previous order of the House, the gentle- her remarks.) way point of 115 remains out of 230. I woman from Illinois [Mrs. COLLINS] is Ms. GREENE of Utah. Mr. Speaker, think what we are going to have to do recognized for 5 minutes. the Committee on Rules is planning to to play our constitutional role is have meet this Wednesday, July 24, to grant [Mrs. COLLINS of Illinois addressed Mr. Clinton come up here, close these a rule which may limit the kinds of the House. Her remarks will appear doors, as we did once on Nicaragua, and amendments which may be offered to hereafter in the Extensions of Re- once on a story that a nation had got- H.R. 2391, the Working Families Flexi- marks.] ten nuclear weapons, and we are still bility Act, also known as the comp f not sure about the story, and that we time bill. have to have a closed session, with all The rule may, at the request of the ON THE DEATH OF CAPTAIN the guards guarding all the exits, and Committee on Economic and Edu- KEVORKIAN IN CRASH OF TWA have the Senators come over here and cational Opportunities, include a provi- FLIGHT 800 have the Commander-in-Chief take the sion requiring amendments be The SPEAKER pro tempore. Under a well, and with 534, now with Bill Emer- preprinted in the amendment section of previous order of the House, the gen- son’s tragic passing, with 534 Members, the CONGRESSIONAL RECORD. tleman from California [Mr. DORNAN] is decide a course of action, a direct Amendments to be preprinted should recognized for 5 minutes. course of action; that if our FBI and be signed by the Member and submit- Mr. DORNAN. Mr. Speaker, I had the our international investigators narrow ted at the Speaker’s table. The bill last special order on Thursday, or it down to a few mass serial assassins, may be considered for amendment maybe it was the next to the last. I had as we did with the two people that Qa- under the 5-minute rule, with a pos- just been told that I had a constituent dhafi is still hiding in Libya, that this sible overall time limitation on the from my district that had died on TWA Congress will talk it down with Mr. amendment process. Members should flight 800. I stood at this very micro- Clinton and give him the go-ahead that use the Office of Legislative Counsel to phone at the Speaker’s desk and said we will support him for the type of di- ensure that their amendments are that sometime over the weekend I rect action that Ronald Reagan took properly drafted, and should check would find out if it was a baby, a young against Libya shortly after the LaBelle with the office of the Parliamentarian child with his mom and dad, or travel- disco bombing on April 5, 1986. to be certain their amendments comply ing alone, maybe; a teenager; whether We have to pull together as a country with the rules of the House. It is not it might be a stewardess, one of the and we cannot let these people flounder necessary to submit amendments to crew. I said the tragic news might be the way the families from Pan Amer- the Committee on Rules or to testify. someone that lived in Anaheim or ican 103 have suffered over these years H8076 CONGRESSIONAL RECORD — HOUSE July 22, 1996 since that ghastly Christmas week. Most importantly, our young people And, unmarried children under the And we cannot do to these people what must learn about choices, how to make age of 18 who have a child will be de- we did to my friend, David Jacobson, them, where they can lead and why it nied cash welfare payments under cer- one of the hostages in the Iranian Em- is important to postpone sexual in- tain conditions. bassy, excuse me, in the Lebanon hos- volvement. Why are some insisting upon punish- tage crisis, or what we did to the 52 Congress has a responsibility to ing children rather than preventing people that it finally came down to in make sure our young people have real pregnancies, especially among our ado- Iran, held in our embassy. We cannot choices and a real chance. lescents? try to cut deals behind the scenes to There is currently a National Cam- Teen pregnancy is a near-certain pre- give them American taxpayer money paign to Prevent Teenage Pregnancy. dictor of poverty. out of our Treasury to make them shut The goal of the campaign is to reduce There is a connection with the fact up so they will not pursue legal redress the rate of teenage pregnancy by one- that every 32 seconds a baby is born in in the international courts of this dan- third in 10 years. poverty. gerous Earth. That is an achievable goal. If all of the teenage mothers had I think it is time for all of us to come That is a reasonable goal. been able to delay becoming pregnant together and take direct action against It is a campaign we can win. until they were older and financially It is a campaign we must win. this type of ghastly terrorist atrocity. able to take care of a baby, the re- It is a campaign that all of us should sources we use on them could be used f join—young and old, male and female, in other productive ways—for edu- The SPEAKER pro tempore. Under a rich and not so rich, Democrats, Re- cation, for recreation programs, for previous order of the House, the gentle- publicans, and Independents. woman from the District of Columbia Every 60 seconds in America, a child jobs and job training, for housing, and for health services. [Ms. NORTON] is recognized for 5 min- is born to a teen mother. The increase utes. in teenage childbearing is alarming. And, we should not forget that teen pregnancy is also a strong predictor of [Ms. NORTON addressed the House. More than 30 percent of all out-of- wedlock births is to teenagers, below a new generation of disadvantage. Her remarks will appear hereafter in It should trouble each of us that the Extensions of Remarks.] age 20. We can not and must not ignore the America is first in the world in health f reality that many young men and technology, yet 18th in infant mortal- The SPEAKER pro tempore. Under a women are increasingly delaying mar- ity. previous order of the House, the gen- riage until their mid-twenties and be- This Nation is first in the world in tleman from Indiana [Mr. BURTON] is yond—but not sexual activity. defense expenditures, yet 19th in low- recognized for 5 minutes. Because young men and women are birthweight babies. [Mr. BURTON of Indiana addressed becoming sexually experienced at The actions and inactions of Con- the House. His remarks will appear younger ages without the benefit of gress in the weeks and months ahead hereafter in the Extensions of Re- marriage and sex education, there are will reflect the choice we have made marks.] proportionally more teenagers exposed for the future. A choice between what is good for f to the risk of unmarried pregnancy and related health problems. the many or good for a few—between TEENAGE PREGNANCY Sadly, according to a recent report to communities that are average and PREVENTION Congress, the young women and men those that are exceptional—between going forward or falling backwards— The SPEAKER pro tempore. Under a who become teen parents have few ex- between individual comfort and func- previous order of the House, the gentle- pectations, few ties to community in- tioning families. woman from North Carolina [Mrs. stitutions, few adult mentors and role models, and too much spare time. And if our children are not able to CLAYTON] is recognized for 5 minutes. Too many live in communities where contribute and are not able to properly Mrs. CLAYTON. Mr. Speaker, we crime and drug use are common, where and fully develop as adults, it will cost care about our young people, and con- dropping out of school and chronic un- us more to respond to their dysfunc- trary to what some believe, they care employment are even more common. tions than it will cost us to prevent about themselves. In my opinion these causes can be re- them. Most of our young people want to be duced to the lack of hope and con- We can pay less now, Mr. Speaker, or positive and want to be productive. fidence in the future by our teenagers. we can pay more later. Most of our young people want to Yet, our society can not endure this We can construct a budget with a vi- join in the effort to begin to end the human burden. sion for the future, or we can destroy a cycle of teenage pregnancy. We must, therefore, implement preg- budget with blindfolds of the past. How can we begin to end the cycle of nancy prevention programs that edu- I urge my colleagues to look to the teenage pregnancy? cate and support school age youths and future. By insuring that our young people their family members, particularly f can get an education, can get a job, can those in high risk situations. have a career, can have a chance, and And, we must implement comprehen- b 1930 have confidence in themselves. sive social and health services, with an WELFARE REFORM And, one of the best ways to achieve emphasis on pregnancy prevention. these important goals is to make sure Recently, this House refused to spend The SPEAKER pro tempore (Mr. that young people learn about the im- $30 million, requested by the President, EWING). Under a previous order of the pact premature pregnancy has on the to help control and prevent the alarm- House, the gentleman from Florida lives of those who face that problem. ing growth of teenage pregnancies. Yet, [Mr. MICA] is recognized for 5 minutes. Learning about the impact of pre- we spend $6.4 billion annually on pro- Mr. MICA. Mr. Speaker, there have mature pregnancy is important for grams once teenagers are pregnant and been comments made in the last few boys too, not just girls. have children. days about the proposed reforms that All teenagers must take responsibil- We will not spend one-half of 1 per- the House passed and the Republicans ity to prevent adolescent pregnancies. cent to prevent a problem that costs us have promoted. The comments have Young people need to learn about more than 200 times that amount in also dealt with the welfare reforms school-based health clinics, health de- the long run. that we have passed might hurt chil- partments and other places where they And what did this House do when dren, and we have heard comments and their parents can seek help and ad- faced with this illogical spending? about some of our reforms in welfare vice. In the welfare reform bill that passed that may in fact, the opinion of some They need information on the phys- just last week, families that have addi- folks, say that we may hurt children. ical and social effects of premature tional children will be denied cash wel- Mr. Speaker, I would not support leg- pregnancy. fare payments. islation that would hurt our Nation’s July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8077 children. But I would submit, Mr. and children in our country who de- Mr. Speaker, I would say that things Speaker, that our current welfare sys- serve much better than the welfare sys- have gotten totally out of whack. I re- tem is in fact destroying the lives of tem that they currently have. member telling my two sons last De- millions and millions of children. Wel- Mr. Speaker, I urge that we adopt cember when I heard that one baseball fare which in fact was designed to cre- our plan, that the President in fact not player had signed an $18 million 3-year ate a safety net has in fact trapped veto this plan for the third time, and contract that could they imagine how millions of children in a pitiful web that it become in fact the law of our much was $6 million a year. In my dis- and their families in a pitiful web. land to help our children, not hurt our trict, an average person makes between Let us just look at it for a second. children. 21 and $22,000 a year. A person making Our current system of welfare has de- f $25,000 a year would have to work 40 stroyed in fact the traditional family TAXES AND THE WEALTHY years to make $1 million. To make $6 structure, so that children do not even million in 1 year, you would have to know the meaning of a home and a The SPEAKER pro tempore. Under a average $150,000 a year. This is ridicu- family. Our current system of welfare previous order of the House, the gen- lous. This is sickening how much these tleman from Tennessee [Mr. DUNCAN] is has in fact destroyed our children’s athletes are being paid for playing a recognized for 5 minutes. sense of values. Our current system of game 6 or 7 months out of the year. It Mr. DUNCAN. Mr. Speaker, I rise to- has gotten totally ridiculous. I say welfare has kept our children from un- night to speak very briefly about two derstanding the work ethic, the work that we should drastically lower the unrelated topics. taxes on the lower- and middle-income ethic that in fact has built this Nation. First, a few days ago we passed a res- people and raise them on these people In fact, our current welfare system olution here in this House designating that are getting these totally exorbi- has kept our children from seeing a July 3 as Cost of Government Day. This tant, unjustified salaries. I realize it parent work. Our current system of resolution noted that the average per- will not be done, but we should boycott welfare makes a joke of a $5.15 mini- son now spends 50.4 percent of his or the NBA and these other leagues and mum wage that this Congress passed, her income in taxes of all types, Fed- organizations that are paying these to- when we in fact pay people in my State eral, State and local, 50.4 percent. In tally ridiculous salaries and totally in Florida the equivalent of $8.75 an other words, the average person now undeserved. hour for not working. works until July 3 just to pay the cost Our current system of welfare has in of government at all levels. That is FOREIGN AFFAIRS fact bred crime, crime that has de- taking into account the taxes of all The other topic that I wanted to stroyed our neighborhoods, crime that types, like income, Social Security, mention tonight, Mr. Speaker, and like in fact kills our children in this city, sales, property, excise, gas, all the dif- I say, it is two totally unrelated things has killed thousands of children over ferent types of taxes, and then the but it does pertain to the spending of the years, young people also trapped in taxes that we pay in the form of hidden government money. We have spent $4 a welfare web. They force our senior taxes in the form of higher prices and billion so far in Haiti, and the Wash- citizens and all Americans to live in so forth. Even worse, President Clin- ington Post a few months ago reported fear and behind bars. ton’s 1994 budget said the young people on the front page that we have got our Welfare in fact has served and this born that year would pay average life- troops there picking up garbage and current system has served as a magnet time tax rates of an incredible 82 per- settling domestic disputes. We have to attract illegal aliens into the United cent. Paul Tsongas, the former Con- spent billions more in Rwanda, Soma- States. Our current system of welfare gressman and Senator from Massachu- lia, and now Bosnia where there is no pays better benefits to those who real- setts who was a liberal Democrat when vital United States interest and no ly refuse to work, and pays better ben- he was in Congress wrote a column threat to our national security. efits to illegal aliens than we in fact about that and he said that we were Last week Georgie Anne Geyer, the pay to some of our senior citizens or to going to turn the young people into in- very respected foreign affairs col- our veterans who served this country. dentured servants for the government umnist, wrote this about Bosnia. She I think that if we really care about unless dramatic changes were made. I said: the welfare of our children, Mr. Speak- do not think we should allow that to For 4 years and 2 Presidents, the top mili- er, if we really care about our senior happen, Mr. Speaker. But the reason I tary brass in Washington essentially lied about Serb capacities. They built a bunch of citizens and if we really care about our mention this tonight is this: I am not veterans and we care about the future thugs and rustic mountain Serbs, dependent for increasing our tax burden at all. In on that pitiful weaponry I saw, into super- of this country, we should care about fact, we need to strive to lower our tax Serbs. passing meaningful welfare reform. burden. But I can say that what we She told about seeing this weaponry. In fact, we passed a welfare reform need to do is lower the tax burden on She said: that says that welfare should not be a the average people and on the people of There it stands, all the terror that Amer- way of life, that in fact it should be middle and lower incomes and to do ican and European military men trembled limited to 2 years and a 5-year lifetime that and to balance it out, we need to before: old tanks, their sides packed with maximum. It is not severe. We said drastically raise the taxes on those sand; antique mortars nearly falling off the that they should work for some of their movie stars and athletes and CEOs who mountainsides; artillery pieces out in the benefits, for example, food stamps, put are making these multimillion-dollar open, without even trees to hide them. One in at least 20 hours’ work. salaries. I think that would be only could be forgiven for thinking oneself back in World War I instead of the nuclear age. We are not talking about disabled or fair. elderly or infirm. We are talking about What really stirred me into this is The military exaggerated the capa- able-bodied Americans. We think we hearing last week that one basketball bilities of Saddam Hussein. Now they should return power to the States and player had signed a contract for 7 years have exaggerated the capabilities of restore a sense of personal responsibil- for $123 million and then the Washing- their opponents in Bosnia, and I think ity when in fact the President’s pro- ton Post a few days ago printed what back to the time when President Eisen- posal has no real time limits, no real they called a Free Agent Tote Board hower warned about the military-in- work requirements, non-citizens and and they have these other contracts for dustrial complex and I wonder if these felons will continue to receive welfare NBA players: 5 years for $55 million, 1 things are being done to somehow jus- and we will have maximum control year for $30 million, 7 years for $98 mil- tify higher and unjustified appropria- here in Washington. This is the system lion, 7 years for $105 million, 6 years for tions. I think if they are, that is very we have created. $24 million, 7 years for $42 million, 4 sad and very unfortunate, Mr. Speaker. I ask, what helps children and what years for $28 million, on and on. They f hurts children? We have an oppor- reported about one player for the The SPEAKER pro tempore (Mr. tunity to help children, to change wel- Washington Bullets who was a sub- DICKEY). Under a previous order of the fare as we know it, and to make a dra- stitute who did not even play well last House, the gentleman from Georgia matic change in the lives of millions year and he is holding out for $45 mil- [Mr. KINGSTON] is recognized for 5 min- and millions of citizens of our country lion for 7 years. utes. H8078 CONGRESSIONAL RECORD — HOUSE July 22, 1996 [Mr. KINGSTON addressed the House. care. many would also find that they stitute that would have killed Medi- His remarks will appear hereafter in had to pay higher out-of-pocket costs care as we know it. Over 60 percent of the Extensions of Remarks.] because their part B premiums would Republican Senators voted for a simi- f go up or because they would have to lar substitute. The SPEAKER pro tempore. Under a pay more as a copayment to their phy- So we know historically the Repub- previous order of the House, the gen- sician. licans were opposed to Medicare, they continued that effort when they took tleman from Pennsylvania [Mr. GEKAS] What we saw is, as I said, a dramatic is recognized for 5 minutes. change in the structure of Medicare as back the majority in this Congress, and well as drastic cuts in the amount of regardless of what the Speaker or the [Mr. GEKAS addressed the House. His money that would go into the program. now Presidential candidate Bob Dole remarks will appear hereafter in the We fought hard against these Repub- says, the bottom line is that they have Extensions of Remarks.] lican proposals, and we were successful. over the years consistently tried to ei- f The Medicare program is today still ther stop Medicare from becoming law MEDICARE the way it was 2 years ago. The dra- or change it dramatically in a most matic cuts have not been implemented, negative way. The SPEAKER pro tempore. Under and I suppose not surprisingly, because I would like to now yield to the gen- the Speaker’s announced policy of May the Republican leadership realized at tlewoman from Connecticut [Ms. 12, 1995, the gentleman from New Jer- some point over the last 18 months DELAURO] who really has been out- sey [Mr. PALLONE] is recognized for 60 that this was not working and that we spoken on this issue from the very be- minutes as the designee of the minor- were getting the message across, if you ginning and really led the whole battle ity leader. will, to the American public that this to make sure that we retain Medicare Mr. PALLONE. Mr. Speaker, I am in is what the Republican leadership as it is and not make the drastic the well tonight because I feel very wanted to do. changes that the Republican leadership strongly that myself, the gentlewoman All of a sudden, we see where the Re- proposed. from Connecticut [Ms. DELAURO], the publicans do not want to talk about Ms. DELAURO. Mr. Speaker, I want gentleman from Pennsylvania [Mr. Medicare anymore. They sort of pre- to thank my colleague from New Jer- KLINK] and others that are going to be tend like all these debates and all these sey for taking the special order tonight joining us here tonight, Democrats, votes, these many times when they because in fact the whole issue of Medi- spent a lot of time last year as well as tried to cut it and change it, never oc- care is critically important to this Na- this year as part of basically an effort curred. So I was not surprised that last tion. I think, and I know my colleague to try to make the point, and I believe week 3 House Republican leaders held a from New Jersey feels this way and our successfully made the point that the press conference, last Wednesday, to other colleagues who are here tonight, Republican leadership in this Congress basically discuss the new ads that the the gentleman from Pennsylvania [Mr. was trying to destroy Medicare as we AFL–CIO has been putting on the air in KLINK] and the gentleman from Illinois know it. various parts of the country where [Mr. DURBIN], also feel the same way, Democrats basically started Medi- they point out that Speaker GINGRICH that Medicare represents not a pro- care over 30 years ago, Democratic and other Republican leaders were gram but in fact what our values are in Presidents, Democratic Congresses, be- pushing for these Medicare cuts and ba- this country, in that it says to people cause they were concerned that so sically changing, I would say actually who have worked hard all of their lives, many senior citizens did not have destroying Medicare as we know it. who have played by the rules, who have health care, either were not able to af- raised their families, who have contrib- b 1945 ford health insurance or found them- uted to the successful economy of this selves unable to obtain health insur- The Republican leaders basically got Nation, that when you retire and when ance as they became senior citizens. up and said, oh, those things are not you are a senior citizen that you will Over the last 30 years, Medicare has true, we never tried to do that. Well, have a safe and a dignified and a decent been very successful as a program in let me tell Members that they did and retirement and that you will be able to guaranteeing that almost all, almost regardless of their rhetoric, the old have health care. 100 percent of the senior citizens in this statement ‘‘Actions speak louder than I thank my colleague from New Jer- country get health care and get good words,’’ well, the fact is the actions do sey for his efforts in talking about health care. speak louder than words in this case. Medicare and also about health care for It is not only a question of the fact Whatever the Republicans say now, seniors in this country. He has led the that they are covered by Medicare but the bottom line is that after taking fight on that issue and I thank him for they have a choice of physicians, they control of Congress, NEWT GINGRICH laying out the fact that it used to be in have a choice of hospitals and the level and the Republicans set themselves to 1946, or before Medicare that we did not of coverage, what is included in their the task of slashing Medicare by $270 have the opportunity for seniors to coverage, as well as the quality of care billion. If this Congress had passed and have health care. That meant that that they receive generally is pretty the President had signed, which we did families had to take in their mothers good. That is a dramatic change from not, their Medicare bill, seniors would or fathers or their loved ones and the situation before Medicare existed. have been forced out of traditional somehow work out health care and was Well, as my colleagues know, we Medicare by making it prohibitively not clear how that was going to get faced a new Congress back in January expensive to stay in the program. They paid for. With the advent of Medicare of 1995 under the Republican leader- would have been forced. Basically, they and today in 1996, we are looking at 99 ship. One of the first things, and I have would have lost the choice, I should percent of seniors who are covered. to admit I was very surprised, one of say, of their doctors and hospitals be- Let me just go back for a second be- the first things that happened was that cause essentially they would have been cause it was not 1946, but before Medi- a budget was presented which essen- forced into managed care where they care only 46 percent of seniors had tially cut Medicare as well as Medicaid did not have the choice of doctors and health care coverage. So Medicare has drastically, primarily to pay for tax hospitals. meant a difference in the lives of sen- cuts for tax breaks, if you will, mostly I do not think anybody really should iors today, and it is something they for wealthy Americans. be surprised by this because we know come to count on, and not as a handout But the proposals that came from the well that it took something like 13 but something that they have paid for Republican leadership did not just cut years for Democrats to overcome Re- and that is there for them now. Medicare, did not just cut the amount publican opposition and enact the Med- But I think it is very interesting that of money that was going into Medicare, icare Program on July 30, 1965. And in in this Congress, as has been pointed they also tried to change the system 1965, 93 percent of the House Repub- out, that there is a war that is being dramatically so that senior citizens licans, including then Representative waged on Medicare. The Republican would not have a choice of doctors. Bob Dole, now the Republican can- leadership, with the House Speaker Many would be pushed into managed didate for President, voted for a sub- NEWT GINGRICH at the helm, is truly July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8079 bent on dismantling Medicare, and I reflects the fact that they do in fact Mr. Speaker, I would like to yield think it is worth repeating the quote want to see Medicare dismantled and now to the gentleman from Pennsylva- that the Speaker made some months turned into something else with a pro- nia [Mr. KLINK]. ago that, and this is what he said: posal of $168 billion in Medicare cuts Mr. KLINK. Mr. Speaker, I thank my ‘‘Now we don’t want to get rid of it in over the next 6 years. We have been friend from New Jersey [Mr. PALLONE]. round one because we don’t think that through this time and time again, and A lot has been made about whether or that is the right way to go through a when we look at what they want to do not this ad has been taken out of con- transition, but we believe it is going to with the $168 billion, this year it is $168 text, and some letters from the Repub- wither on the vine because we think billion, last year it was $270 billion, licans to various television station people are voluntarily going to leave they talk about having moderated. But managers have threatened them that it.’’ if you take a look at this, the $270 bil- there was going to be a libel suit, there Now, after the wither on the vine lion cut would have been a 19 percent was going to be legal action if they did quote appeared in various media ac- cut from Medicare; this time it is a 17 not pull these ads that are being run by counts, Mr. GINGRICH’s spokesman, percent cut. So it is really the same the AFL–CIO. Tony Blankley, was questioned on the numbers, if you will, and it is no coin- Now why, you might ask, Mr. Speak- er, is the AFL–CIO being involved? accuracy of the quote, which they are cidence that what they want to try to Well, they are involved because they now trying to run away from. They do with this money is to pay for tax represent the labor unions that rep- cannot move away from the quote fast breaks for the wealthiest Americans. resent the working people of this Na- enough. But NEWT GINGRICH’s spokes- Last year it was $245 billion in tax tion, people who have played by the man, Tony Blankley, was questioned cuts, this year it is $176 or $180 billion rules, working men and women who get on the accuracy of the quote. On Octo- in tax breaks for the wealthy. ber 26, 1995, Gingrich spokesman Tony up early every morning, they go to As I said, they can run but they can- work, they perform a task, they pay Blankley confirmed GINGRICH’s state- not hide from the comments that they into pension funds, they pay their ment to the Los Angeles Times. have made in the past past and in the taxes, and they are told Medicare will Blankley said that GINGRICH’s com- most recent past about how they want be there for you when you retire. Med- ments were ‘‘consistent with the Re- to see this system go away and take icaid will be there if you need to go to publican belief that most seniors would away from seniors in this country a nursing home and you fall within the voluntarily choose to leave the tradi- something that they have come to rec- earning abilities to have Medicaid pay tional Medicare fee-for-service system ognize as helpful to them in being able for that nursing home care. But now in favor of health maintenance organi- to truly survive in their older years they are seeing that there is a majority zations and other managed care net- and something that they deserve, a sa- party, the Republicans, who want to works. It will mean the end of the sys- cred trust if you will, that we commit- see this wither on the vine. tem as most seniors know it.’’ ted to when this system was put in So the AFL–CIO said, look, the cor- These are words that are not made place. porate interests of this country and up. This is a direct quote from Tony Mr. Speaker, I thank the gentleman their PAC’s have spent hundreds of Blankley. And yet the Republican lead- from New Jersey for allowing me to millions of dollars in promoting the ership, the Republican National Com- participate in this effort this evening. Republican line. Let labor weigh in mittee, are currently objecting to a Mr. PALLONE. Mr. Speaker, I want with a $35 million buy-in and let us in- hard-hitting ad campaign, and I concur to thank the gentlewoman and just, if form the voters what our position is on it is a hard-hitting campaign, as it I could, briefly comment on what the this. The Republicans have said, no, we should be, which is running across the gentlewoman said when she raised do not want this. They are running country that highlights their position again the quote from Speaker GINGRICH away, as my colleagues have said, from on cutting Medicare, and they are run- about Medicare withering on the vine. the NEWT GINGRICH quote saying that ning as fast as they can away from It is amazing to me how he can now no, he was talking about HCFA, the these quotes. Federal Health Care Finance Adminis- I just point out what my colleague suggest that somehow that statement was only meant to be applicable to the tration that administers Medicare and said about the then representative Medicaid. Well, let me read the quote, Dole. He prides himself on being 1 of 12 fact that they were changing Medicare to force people into managed care, as Mr. Speaker, and let Members and let to have voted against Medicare and has everyone else in the shot of my voice said within recent months how proud opposed to the traditional fee-for-serv- ice system, because it seems to me that decide what is taken out of context. he is of that vote. Well, I will tell you, The Speaker said: ‘‘Now let me talk a people can run but they cannot hide. is exactly the context in which the pro- gram would wither on the vine. little bit about Medicare. Let me start You cannot hide from the record and at the vision level so you understand If you take away a lot of the money quite frankly, the record stinks. It how radically different we are and why from Medicare and make the signifi- really does. it’s so hard for the press corps to cover cant cuts that the Republicans have I will make one point on what has us.’’ proposed, then the quality of care has been said about now in his revisionist Speaker GINGRICH continued as he history on this quote about withering to suffer because there is not going to was speaking to an audience from Blue on the vine that in fact he did not be the money available to provide the Cross and Blue Shield. He said: ‘‘Medi- mean Medicare, but something called level of services and the quality of care is the 1964 Blue Cross plan codified the Health Care Financing Administra- services that Medicare now provides. If into law by Lyndon Johnson and it is tion. But it is hard to understand how you force everyone into managed care, about what you’d—I mean, if you went individuals, except perhaps the em- or you make managed care cheaper out into the marketplace tomorrow ployees, could leave an agency. This is than the traditional fee-for-service sys- morning and said ‘Hi, I’ve got a 1964 ridiculous, people do not do that. If the tem where you can choose your own Blue Cross plan.’ I’ll let you decide how employees of the agency leave, what doctor and then so many people do not competitive you’d be. But I don’t think has been implied all along, that it was have a choice of doctor anymore, then very.’’ the Medicare system that people were the reality is that Medicare has Speaker GINGRICH continued to say: going to leave, that is what this is changed and does begin to wither on ‘‘So what we’re trying to do, first of about. These are individuals who have the vine. More and more people will all, is say, O.K., here is a Government a record, truly a record of being op- find it necessary to supplement the monopoly plan. We’re designing a free- posed to Medicare, and now they ask program if they can afford it, which a market plan,’’ he says and he is obvi- for the country to put their faith and lot of them cannot, in order to be able ously referring to Medicare and Medic- their trust in people who had been will- to have their own doctor. aid because that is all he has talked ing to dismantle this operation. So it does wither on the vine. That is about so far, has not mentioned I just make a final point, I know my exactly what the quote was meant to HCFA.’’ other colleagues want to get into the say, and that is exactly what they were Then the Speaker continues: ‘‘Now discussion, the 1997 Republican budget doing. they’re very different models. You H8080 CONGRESSIONAL RECORD — HOUSE July 22, 1996 know, we tell Boris Yeltsin, ‘Get rid of istration. The handful of people who do, and that is to wither on the vine centralized command bureaucracies. work over there might leave volun- and to die. There is no question. Go to the marketplace.’ ’’ tarily, I do not know that they are This is not something that is up for And then finally Speaker GINGRICH going to quit their jobs. debate. For the leadership of the Re- does refer to the Health Care Financing We are talking about a health care publican Party to hold a press con- Administration. He says: ‘‘O.K., what system designed in 1964 when 30 per- ference last week to try to create some do you think the Health Care Financ- cent of our senior citizens were living kind of smoke screen is nothing more ing Administration is? It is a central- in poverty because they had no health than that, it is a smoke screen and a ized command bureaucracy. It is every- care. The corporations of this Nation very poor one. And the American peo- thing we are telling Boris Yeltsin to did not voluntarily take care of people ple, Mr. Speaker, will see through it. get rid of. Now, we don’t get rid of it in in their old age. They did not provide I yield back to my friend from New round one because we don’t think health care for them. They did not pro- Jersey. that’s politically smart and we don’t vide pensions for them in many in- Mr. PALLONE. Mr. Speaker, I want think that’s the right way to go stances. So we developed in 1934 a So- to thank the gentleman. I want to say through a transition, but we believe cial Security system to take care of briefly I am so glad he pointed out how it’s going to wither on the vine because people in their old age and to give the Repulbican leadership is really try- we think people are voluntarily going them some money coming in. ing to gag this whole issue and trying to leave it—voluntarily.’’ In 1964, again in 1965, we created an to go after the media and those sta- Now, voluntary leave HCFA or volun- insurance company and we called it tions that cover these ads. From the tarily leave Medicare? Medicare. We also added Medicaid. And very beginning, and we have the gen- we said let us take care of the disabled tleman from Michigan, Congressman b 2000 and let us take care of the poor chil- STUPAK, and the gentleman from Penn- You cannot leave HCFA unless you dren and let us take care of these folks, sylvania, Congressman KLINK, who are work for the agency. And on this as- also. also members of the Committee on sumption the Republican leadership is Now, 30 years later, the Republicans Commerce with myself, and we can re- going out with their lawyers writing to get control of the House. Very proud is member when Medicare, when this Re- television stations and saying pull Bob Dole, as my colleagues have said publican Medicare proposal came be- those ads. How dare the AFL–CIO tell tonight, that he was 1 of 12 that did not fore our committee, there was only one the people of this country what the Re- vote for it. He was proud that he did hearing. The Republican leadership did publican Congressmen have been vot- not like Medicare back then. But why not want their proposed cuts and the ing to do? was Medicare created? Why was Social changes in Medicare that they were How dare they not? It is their duty. Security created? Why was the public proposing to be aired with the public. When people play by the rules, it is our school system created? It was created When the senior citizens showed up at duty to tell them that we have changed because the corporations and the rob- the hearing, they were actually ar- the rules or that we have one party or ber barons were not educating the chil- rested. the other that wants to change the dren of their workers. Mr. KLINK. If the gentleman would rules, and that party is the majority All of these programs, the reason yield on that point. party. that we have all of this Government is Mr. PALLONE. Certainly. Now, we understand in this country, because the corporations did not do Mr. KLINK. I thank the gentleman and we hear on the floor of the House these things voluntarily. So we the for mentioning that, because 1 week a lot of talk about Christian morals. people of the United States, in order to earlier, in the same Committee on We hear a lot of talk about patriotism. form a more perfect Union and to have Commerce, the Committee on Com- I am reminded of a quote by John Fos- domestic tranquility and to provide for merce is a very important committee ter Dulles, who once said, and I will other generations, both those who have of the House of Representatives. We paraphrase but I am very close, he said passed and those who are coming up, say it is the oldest committee in the something about this country would be have created programs of social safety Congress, and we are very proud to be in very poor condition if we only saved nets. there. We try to work on many issues for the battlefield the strongest human I know that is an oft-used term we and have worked on many issues in qualities. throw around, but it is true; it is what this committee: Telecommunications I think he was talking about the it is. We have these social safety nets, Act, securities reform. On many things qualities of selflessness, of patriotism and they are there for a reason. Now we have worked in a bipartisan man- and caring and bravery, all of the the AFL–CIO, that represents roughly ner. The committee has traditionally things that we view as important on one in every five working people and is worked in that respect. the battlefield to somebody who is a responsible for the fact that the work- A week earlier, if memory serves me, patriot. ers of America today have many of the we had a senior citizens group come in But what he said is we do not use things they do have, is under attack. that were in favor, supposedly, of the those qualities only on the battlefield, We have various subcommittee chair- Republican changes to gut Medicare. we are to use them in our everyday men and committee chairmen from the They had bags of mail. They inter- life. How patriotic it would be, how Republican side putting out press re- rupted the committee hearing and Christian it would be to take care of leases and holding hearings that are in- dumped the bags of mail in support of our parents and our grandparents. How timating that, if you belong to a labor the Republican Medicare, I call it the patriotic it would be and how Christian union, you are either, A, Communist Medicare rape and pillage, but that is it would be to make sure that we did or, B, you must belong to the mob. One probably my own words; and nothing not punish children because their par- or the other: You are either a Com- was said. Nothing was done. ents happened to be on welfare too munist or you belong to the mob. However, when another group of sen- long. This gives me a problem. Now all of ior citizens who were from the Wash- So we talk on one side of the Repub- a sudden, and I will tell you, Mr. ington, D.C., Virginia, Maryland area lican side about being patriotic and Speaker, I come from having been in came in, the committee chairman or- about having Christian values, and on broadcasting for 24 years. I worked for dered them to be arrested. The gen- the other hand the legislation that we more than one or two radio and tele- tleman from Michigan, Mr. STUPAK, attempt to cram down the throats of vision stations. Now they are threaten- myself, the gentleman from Illinois this Chamber and the people of this ing the radio and television stations of Mr. RUSH, and the gentleman from country is a completely different kind this Nation, saying, if you carry this ad Ohio, Mr. SHERROD BROWN, went with of legislation. by the AFL–CIO, that which, by the them. We said, if they were going to be It is very clear to me that Speaker way, does not have an actor reading arrested, we are going to go with them. GINGRICH was talking about leaving Speaker GINGRICH’s words, it takes I want the gentleman to understand Medicare wither and die on the vine, Speaker GINGRICH saying his own words some of these people were in walkers, not the Health Care Financing Admin- about what he wants to see Medicare some in wheelchairs. Some had canes. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8081 And they were going to arrest them? United States and give him a chance to in nursing homes, or they can turn to They did not disrupt as much as the govern as the highest elected leader in the Dole and Gingrich team which previous group that had dumped the this great Nation. wanted to make massive cuts in Medic- mail. But, see, they were in favor of But it is a much different choice we aid, cuts that really would have endan- what the chairman and the Republican face in 15 weeks. There is no leap of gered the future of a lot of young peo- majority wanted to do, and so we did faith involved. We know exactly what ple and elderly alike. not worry about that. the choices will be. We know what Bill They can vote for Bill Clinton and AL By the way, I might mention that a Clinton and AL GORE have fought for. GORE, who have supported college stu- vast amount of the mail from the pre- We know what the Democratic Party dent loans, who are talking now about vious week that was dumped by the stands for. And we know very clearly creative ways to help working families first group that was allowed to partici- on the issue of Medicare what the Re- pay for college education, talking pate because they were in favor of what publican leadership stands for. about the opportunities of education the Republicans were doing, we found If Bob Dole ends up being the nomi- and training, or the Dole-Gingrich out, was coming from people that ei- nee of his party, and there is some team. ther did not exist or were dead. So I speculation he may not be, but I sus- And what did they propose? They guess dead people are in favor of what pect he will be, if he ends up being the continue to suggest cutting college the Republicans want to do with Medi- nominee of his party, can the voters student loans, making them more ex- care because they do not need it any- trust Medicare with Bob Dole? Well, pensive for kids from middle-income more. look back 31 years ago when Bob Dole families, make it more difficult for Mr. Speaker, I yield back. sat on this very floor as a Member of kids from families like my own to ever Mr. PALLONE. And every one of you, the House of Representatives and in his have a chance to go to college. I certainly know the gentlewoman judgment decided that the enactment And finally they can look at the en- from Connecticut and everyone else of Medicare was a bad idea. vironmental protection. They know here, I believe, we were forced, because Now, many of us cast votes years ago what Bill Clinton’s record has been. we could not get a hearing in order to that we would like to have over again They know what the Democrats have tell the truth about what the Repub- and perhaps change, but Bob Dole is stood for in Congress. And they know licans were doing, we were forced to go consistent. He recently said, when very clearly what we are going to have out in the lawn in the rain, which was asked, it was the right vote to vote if it is a Dole-Gingrich leadership on a memorable day to have a hearing, to against Medicare. He knew it was not Capitol Hill and in Washington, DC, tell the truth. So I see this almost as a going to work. the same NEWT GINGRICH who proposed first amendment issue. So, here we have an unrepentant Bob eliminating 14 environmental protec- The Republicans do not want the Dole, voted against Medicare, who is truth to be told. So they are now tion laws endangering the safety of the seeking to become President of the threatening the media, the way they air we breathe and the water that we United States and have the primary re- threatened and tried to gag the people drink. sponsibility as President for the future that came and tried to testify at the b 2015 of Medicare. Should this cause some hearing. They just do not want the concern and caution and pause among This is a stark contrast. Republicans truth to come out. are very proud of what they stand for. I yield to the gentleman from Illi- voters who worry about the future of Medicare? Well, I think so. I admire their tenacity. They are going nois. to stick with this no matter what. But Mr. DURBIN. I thank the gentleman Let us assume for a moment that the I think the voters, and particularly for convening this special order and for gentleman from Georgia, Mr. NEWT moderate Republicans and independent yielding. The gentleman is undoubt- GINGRICH, continues to be the putative edly aware, as all of us are, that we are leader of the Republican Party and voters, see through the Dole-Gingrich 15 weeks away from the last day of asks to be Speaker again, if he has that agenda. campaigning in this election. Many of opportunity at the 1996 election. Is I thank the gentleman from New Jer- us are counting the days as they ap- there any question in anyone’s mind on sey for bringing up the issue of Medi- proach. I am sure many ordinary what he will do to Medicare? Well, we care tonight. I think he focuses us on American citizens are counting for already know his game plan. He was to- what our decision as a Nation will be in those days to end as well, but it is a tally unrepentant and said it was with- 15 weeks. It will be the most important significant election we now face in 1996. er on the vine. He would cut $270 bil- decision of my lifetime, and I sincerely I think, despite the fact that I am a lion out of Medicare in order to provide hope that the people of this country candidate in the election, as all of us tax breaks for wealthy American peo- will stick the Clinton-Gore leadership are, I think it is significant far beyond ple. and the Democratic leadership on Cap- our personal involvement. I really be- So those who are looking for a pro- itol Hill, to bring about the right kind lieve this may be the starkest contrast, tector of Medicare in NEWT GINGRICH of change, to not go too far, as Mr. the clearest choice that American vot- and the House Republicans had better Dole and Mr. GINGRICH have gone in ers have faced since Franklin Delano keep looking. Unfortunately, on the their last year and a half together as a Roosevelt ran against Herbert Hoover other side of the rotunda, in the Sen- team here on Capitol Hill. I thank the in 1932. I do not think there has been a ate, the Republican leadership is in gentleman for yielding this time. time in our history beyond that year lockstep with Mr. GINGRICH and his Mr. PALLONE. Mr. Speaker, I yield that we have had such a sharp con- thinking. to the gentlewoman from Connecticut, trast. So in 15 weeks the voters will have Ms. DELAURO. It is curious that 4 years ago, when their last night and their last day and Ms. DELAURO. Mr. Speaker, I want there was a choice at the Presidential hour of deliberation before making to just add onto something that my level, the American people were told what I think will be the most impor- colleague from Illinois spoke about. they could continue the policies of tant choice, political choice in this That is, whom do you trust? Do you George Bush or take a chance with the half century, in this 1996 election. They trust Bob Dole and his commentary policies of Bill Clinton. Certainly Mr. will know what they can choose from: about being proud to have voted Perot was in the race, but those were Bill Clinton, running for President, against Medicare, and NEWT GRINGRICH the two major candidates. There was a who vetoed the Gingrich-Dole cuts in wanting it to wither on the vine? bit of risk-taking involved because Medicare, or the Gingrich-Dole team, Most recently in the publication those voting for Bill Clinton, Governor which will come in and change Medi- ‘‘Roll Call’’ Morton Kondracke, a jour- of Arkansas, really had to accept his care and allow it to wither on the vine, nalist, wrote in his column: ‘‘Asked platform and his promise. They did not as Mr. GINGRICH has said. whether Republicans will come back know what he would actually do as They will have a choice between Bill with a different agenda in 1997, the President of the United States. Clinton and his support for Medicaid, House majority whip, TOM DELAY, who It took a leap of faith for them to which is so important for poor chil- was a Republican from Texas, told elect Bill Clinton as President of the dren, disabled people, and elderly folks Morton Kondracke, this is a gentleman H8082 CONGRESSIONAL RECORD — HOUSE July 22, 1996 who is third in charge of the House of rely on Medicaid for nursing home copayments for Medicaid or contribu- Representatives,’’ said, again, ‘‘We care. tions associated with long-term care. wouldn’t change a thing, including the But the so-called Medicaid reform Another troubling aspect of the pro- plan to reduce Medicare growth by $270 proposal that was put forth in early posal, and I asked the drafters of the billion over 6 years.’’ June here before the Committee on En- bill when it came before the commit- So the entire leadership, the entire ergy and Commerce, the Subcommittee tee, I said this legislation does not re- leadership is bound and determined to on Health and Environment, Demo- quire the benefits provided by the pro- see Medicare turned into something crats insisted on a couple things. First gram to be provided equally across a other than what it is now and the kinds of all, we insisted to ensure that there State. I am from Michigan. I represent of protections that it provides to sen- is a safety net for elderly, the disabled northern Michigan, a very rural area. iors, This is not a passing moment, a and for impoverished children. The So, for instance, if Michigan chose to past moment. This is a current mo- Democrats also insisted that Medicaid provide for long-term care in Grand ment, when we have the Gingrich-Dole be a joint Federal-State partnership Rapids, would they deny that same leadership of this Congress in lockstep which would work together to provide long-term care benefit to the folks in opposed to the Medicare system. Then critical health care needs for those who the upper peninsula of Michigan? The drafters of the bill said they could do they ask the American public to trust really truly need it in this country. that. So even in the State they are not them with this program. How can it What did the Republican bill do? It even going to get equal treatment if it be? removed the guarantee of health care is left to this Republican bill on Medic- I thank my colleague from Illinois for the elderly and disabled and re- aid. for laying that out. placed it with the hope of Governors Medicaid recipients and their fami- Mr. PALLONE. I think the gentle- across this country. I have no problem lies cannot afford substantial cuts in woman is right. Just from talking to with Governors. I think they do a good State spending and the Federal Gov- my own constituents, particularly this job. But what my Republican friends ernment, and we cannot afford to shift weekend, I think people understand forgot and they did not add was, we it all from the Federal Government to that that is why they wanted President give it to the Governors, the reason the State because neither one can do it Clinton where he is, because they are why we have a Medicaid Program in standing alone. concerned about the hurt that this the first place is because the States But I want to balance the budget. I Congress is doing, if you will, to the could not and did not provide for those know Mr. PALLONE wants to, and Mr. average American, particularly on the people who needed care. DOGGETT and Mr. DURBIN, but there is a Medicare issue. So the GOP bill, while it allows the right way and there is a wrong way to I yield to the gentleman from Michi- States to define the scope, the amount do it. So to try to fix things, Demo- gan, Mr. STUPAK. and duration of any Medicaid benefit, crats offered a number of amendments Mr. STUPAK. Mr. Speaker, I thank and in that bill it states the Governors on Medicaid. Let me just hit 12 of the gentleman from New Jersey for need to provide a nursing home benefit, them, if I can, briefly. yielding to me. it would allow the States to limit that Let us have an amendment in there I would like to take special note of nursing home benefit to just 5 days. would effectively prohibit fraud and the work he has done in this area, in People do not go to the nursing home abuse in Medicaid. That was rejected. bringing this health care and health because they only need care for 5 days. That was Mr. DINGELL who brought up issue to the attention of the American So they would have 5 days a year, that amendment. public, and also Ms. DELAURO, who has that is what the bill said, 5 days every So we said, Ms. ESHOO from Califor- been here night after night helping calendar year. The average care for a nia brought up an amendment that raise the level of consciousness of what person in a nursing home is $38,000. So said, let us have a guarantee of cov- is really going on in this country and we are going to help with 5 days’ worth erage for children, make sure the kids in this Congress. and after that they are on their own. are taken care of under Medicaid. Re- As I sat in my office tonight, I heard Where does that money go? For all jected. Well, then let us take care of the el- you speak of what the Speaker had said the populations that this bill, the Re- derly who need nursing home care. about trying to get Medicare, ‘‘We will publican bill, purported to protect, the That is what Medicare, that is what we let it wither on the vine,’’ and Mr. Dole elderly, disabled, children and low-in- bragging about how in 1965, he fought spend two-thirds of the money for. Let come families, it did not even guaran- us do that. That was your amendment against Medicare. Then I was pleased tee that they would receive quality and Mr. MARKEY from Massachusetts. to come down tonight to join you and care, let alone adequate care, when the Mr. KLINK. We sit on the Committee on That amendment was rejected. nursing home benefit is defined as 5 We said, surely there has to be some Energy and Commerce and the Sub- days. committee on Health and the Environ- compassion here. So let us provide cov- I received a letter from the Michigan erage for the elderly who have Alz- ment, which has jurisdiction over Med- Health and Hospital Association on heimer’s disease. That was Mr. icare and Medicaid. Again, Mr. DURBIN, this block grant, Medicaid block grant DEUTSCH of Florida. He offered that who was here tonight, had many, many proposal. Here is what they said, and I amendment. Rejected. words to speak on this subject. quote: So we said, surely we are going to We were just talking about trust here We fear that under the Republican Medic- take care of our veterans who need a few minutes ago. Who do they trust aid block grant program, health care serv- nursing home care. Remember that to look after the health care needs of ices for our most vulnerable population, the one? Mr. GORDON of Tennessee brought this Nation? Is it going to be the Presi- elderly living in nursing homes, the poor and up that amendment. They will not even dent or citizen Bob Dole? children, may be jeopardized as hospitals take care of veterans. That was re- As we take a look at it, I think more who continue to bear a disproportionate jected under the Medicaid bill. than just words we should look beyond share of the burden of caring for these indi- So we said, all right, can we at least viduals face reduced payments. the words. Let us look at some of the take care of the seniors who are in a proposals that have been brought forth In other words, they are going to cut, nursing home now receiving Medicaid before the Committee on Commerce, for those who provide the care, even benefits. can we take care of that one? the Subcommittee on Health and Envi- further. Mr. KLINK brought up that amendment. ronment which both of us sit on now. Here is what else the Republican bill That was rejected. Who do the children and the seniors did. Currently, under current law, we Well, how about one of the Repub- of this country trust to provide for have a prohibition against spousal and licans, Mr. GANSKE. He is a doctor on their needs? If we take a look at Medic- family impoverishment. That is cur- the committee. He brought up, let us aid, and we talked about Medicare, I rent law. You cannot put a family into just guarantee current law to take care guess is the most popular, but Medicaid poverty while they are trying to pro- of the kids. That was rejected. and the drastic reductions proposed in vide for their parent in a nursing home. Well, Mr. RICHARDSON, he brought up Medicaid, Medicaid takes care of chil- Unlike current law, the proposal does the amendment that said, let us guar- dren, but also two-thirds of our seniors not prohibit States from charging high antee coverage for native Americans, July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8083 Indians. I have seven tribes in my dis- tween Medicaid and Medicare, because lican leadership has run away from trict, great amendment. That was re- I think many people think that Medic- Medicare, it is because the American jected by the majority party. aid is a program that is primarily for people are paying attention, and most How about just allowing, this was the poor. Of course, it is. But the bot- of the people who are informed, who Mr. ENGEL of New York and Mr. tom line is that two-thirds of the have followed this debate, understand SHERROD BROWN of Ohio, how about money under Medicaid pays for nursing what the Republican majority, the first just allowing the right of the elderly to home care. It is very easy for someone time they got a majority in this Con- choose their own nursing home. If you who is middle class or someone who is gress, the first thing they went after are going to go on Medicaid, you go to fairly wealthy after a few months or a was Medicare and Medicaid. They set a nursing home, seniors, you get to few years, in some cases, in a nursing out to undermine and dismantle those choose which one you want to go to. home to find themselves on Medicaid. systems, and the American people un- Rejected. That is why so much of the Medicaid derstand that. How about Ms. FURSE of Oregon, who dollars in fact go for senior citizens. All of the excuses and the subter- said, how about if we take care of preg- It is interesting, I want to yield, but fuges that have been brought up here, nant women and infants, kids under 2. I just wanted to say that we started when you get right down to it, the that was rejected 14 to 25. out the year, I think, certainly last American people all over this country We said, all right, how about current year where the Republican leadership who have followed this debate, they un- law, we provide for women with cancer, was trying to cut and change dramati- derstand it, and they know that Speak- breast cancer and cervical cancer. Can cally Medicare. I think as they realized er GINGRICH set out to cut Medicare we keep that coverage going under politically that that was not working and that he is still committed to that Medicaid. No, that was rejected, 17 to too well with the American people, program. 23. We lost that one. they started to talk about it less and And I think the second conclusion I said, hey, I am concerned about less. Now they do not want us to re- that is very apparent from this debate rural areas. We are treated different mind them about it. is there is no doubt what Speaker than urban areas. Pay us the same, Then they started going to Medicaid, GINGRICH was talking about, and I whether you live in Escanaba, MI in because they figured, well, maybe we know in the course of this special order the Upper Peninsula or in Grand Rap- can cut that and we can change that you had the speech, almost his entire ids, if you are in a nursing home you and people will not worry about it so speech, given again for him by our col- should get paid the same. That was re- much because it only affects poor peo- league from Pennsylvania, but I want jected. That way my amendment. ple. Then they realized that these sen- to emphasize that it is not only the How about just restoring the mini- ior citizens, in particular, who are im- words of that speech, but as some of mum payment standards for hospital pacted by changes in Medicaid, who ob- our other colleagues pointed out, and I and nursing homes and managed care jected to it, we brought it out. So now am quoting from a story in the New plans, restore the current minimum we do not hear much talk about York Times 2 days after he gave the funding for them. That your amend- changes in Medicaid anymore either. speech, he was at a town meeting down ment, Mr. PALLONE. That was rejected I think we can be sure that if the Re- in his district near Atlanta, and the 16 to 24. publican leadership were to continue Atlanta Journal and Constitution re- So the point is, it is more than just into the next Congress and if we did ported that, quote, Gingrich said he words. We offered commonsense not have President Clinton out there was referring to the fee-for-service por- amendment for breast cancer, veterans, threatening to veto these changes in tion of Medicare which he believed that to let seniors choose their nursing Medicare and Medicaid, we would see seniors would leave. That is what he homes, take care of children, infants, both the drastic changes in Medicare said about ‘‘wither on the vine.’’ And 2 help them out, come together in a part- and Medicaid come up once again. days after that, the Los Angeles Times nership, that is what this trust issue is b referred to his press secretary, Mr. all about. Every one of our proposals 2030 Blankley, who said here in Washington were rejected. Mr. STUPAK. I mean look, if the that what he was referring to in saying So more than just the words of citi- partnership that I spoke of is no longer he wanted it to wither on the vine, that zen Bob Dole or more than just the there, that we are in Medicaid which Mr. Blankley said Mr. GINGRICH’s com- words of Speaker NEWT GINGRICH, look pays for nursing home care, and it is ments were consistent with the Repub- at what their legislation really does. $38,000 a year, and you are only there lican belief that seniors would volun- As we move into this election year, I for 5 days and they pull the rug out tarily leave the traditional Medicare do hope we have debates. And I hope from underneath you, who pays for it? system. they are not about just the words of If the senior citizen cannot, it goes to Now, that is one of the few times Mr. what someone said but, rather, the leg- the family. It is an indirect tax on the Blankley has said anything that I, islation they are proposing, because I families of this country. You are not frankly, have agreed with. I agree with think when you look at the legislation going to throw your parents out on the him completely that the Speaker’s that is proposed and what we as Demo- street for 360 days and get 5 days next comment that he wanted Medicare to crats have tried to stand up for, that year and then throw them out again. wither on the vine was consistent with safety net for seniors, for veterans, for You are going to pick up that cost, the overall strategy. Indeed this was children, and see it being cut away, that $30,000 a year. Who is going to be occurring at the same time that our torn away by votes of 16 to 24, where able to afford that? Republican colleagues, as you may al- we lose commonsense amendments, Mr. PALLONE. Exactly; thank you. ready have pointed out on Medicaid, then I think the trust will be with the I yield to the gentleman from Texas came before the same committee that Democratic Party. The trust will be [Mr. DOGGETT]. our colleagues from Michigan was talk- with more than just words but, rather, Mr. DOGGETT. I thank the gen- ing about, and they said, ‘‘Let’s just to- with what the legislation proposes. tleman, and, you know, as I have lis- tally eliminate, terminate forever, any Again, I thank the gentleman from tened to your comments this evening Federal health and safety standards for New Jersey for his leadership on this and those of our other colleagues, I those who are in nursing homes.’’ issue. It is always a pleasure to work think there are several conclusions Now, I think that is the kind of ex- with you on the Energy and Commerce that can be drawn about this Medicare tremism that the American people re- Committee, especially the Health and debate, and as important as Medicaid ject. They realize that too often our Environment Subcommittee, as we and Medicare are themselves, some of nursing homes, though there are many continue to bring common sense to this the most important programs ever set fine ones, some of them have kind of area. up in this Congress, I think the first gone along from crisis to crisis, and to Mr. PALLONE. Mr. Speaker, I thank conclusion is even more important say we will just totally abolish any the gentleman. than Medicare, and that is the conclu- kind of health and safety standard for I am really pleased that the gen- sion that, as you listen to this debate, those who are not able to protect tleman pointed out the relationship be- and you listen to the way the Repub- themselves in nursing homes was part H8084 CONGRESSIONAL RECORD — HOUSE July 22, 1996 of the same strategies that was going to intimidate those who would spread so many campaigns are about, and just on at the same time. It was consistent the word. They would like to distract talk about issues. That is what we are with that. the American people and wait until talking about here, Medicare. It is an But I would draw a third conclusion after November to continue with let- issue, and to the extent that there are from your comments, and that would ting Medicare wither on the vine and ads running that point out where one be a contrast between the Dole-Ging- to intimidate anyone who would re- side stands or the other on an issue as rich ticket with reference to Medicare mind the American people, as our col- important as Medicare to the American because, you know, as coincidence league from Pennsylvania pointed out, people, that is what this should be all would have it, or maybe it was not a who would dare to put on television the about, a public debate on the issues, coincidence, the same day that Speak- Speaker saying this in his own words, and that is what the Democrats have er GINGRICH gave his speech, October who would dare to repeat those words been doing essentially for the last 18 24, 1995, last fall when they were going to Americans who might not have months, trying to point out what the gung ho, shut the Government down, heard the speech, to Americans who Republican leadership has been propos- we do not care how many billions of may, in their struggle to make ends ing on Medicare. dollars it costs the taxpayers, close it meet, have forgotten what an out- And I really think, as you said, Mr. down, which is what they did, and it rageous comment and what an out- DOGGETT, that most of my constituents came up to about a billion and a half rageous plan this was. are aware of it. Over the weekend I had dollars that were squandered of tax- And I know that the gentleman from a lot of people, I can just think of one payer money, but the very same day New Jersey will remember that when woman in particular who came up to that Speaker GINGRICH made his com- we were trying to get the details to me when I was at church on Sunday ments Senator Dole was speaking the find out how much they were going to and said. ‘‘You know, I don’t want to same day to a different group, and he hike the premiums, how much they lose my doctor.’’ She was not even con- said, and I quote, I was there fighting were going to hike the deductibles, how cerned about the level of funding. She the fight, 1 of 12 voting against Medi- much they wre going to hike the co- just did not like the idea that she was care in 1965 because we knew it would payments, all things that were in the going to be pushed into managed care, not work. secret plan originally, that the first which is essentially what this Repub- It may not be expected in this elec- plan that was laid out in public was not lican plan would propose to do. tion year for a Democrat to com- a plan about how Medicare could be re- So, I want to thank the gentleman pliment a Republican, but I would tell structured. It was a public relations for joining us tonight. We had a lot of my colleague from New Jersey that I plan. It was the one the gentleman will participants here tonight, but we are do compliment Senator Dole, not on recall that talked about kind of the not going to let this die, because I the substance of what he said about herd mentality among our seniors and think we all realize that if this Repub- Medicare; indeed I could not disagree that they could be led around by their lican leadership were allowed to have with him more on that, but at least, nose basically and that they would not its way, we would see drastic changes unlike the Speaker and the House Re- realize what was being done to them in in Medicare and cuts that ultimately publicans, Senator Dole has not tried this instance. would have it wither on the vine and to run away from his comments. You History in the recent months has cer- cases to exist as a program that bene- do not see him going around and say- tainly demonstrated that that public fits seniors and provides for quality ing, ‘‘Well, when I was talking about relations adviser, I think he is the care and the level of services that they voting against Medicare, I was only same fellow involved in this so-called now have. So I want to thank the gen- talking about the Health Care Financ- Contract on America, was all off be- tleman. ing Administration.’’ He has stood by cause the American people are more in- f his statement. Indeed, he has taken telligent than that. They realized what pride in the fact that he has a record was happening here, and as I have dis- GETTING OUR FINANCIAL HOUSE here. Just as Speaker GINGRICH and cussed with some of our folks down IN ORDER these Republican followers of him who there in Texas, you know if you have The SPEAKER pro tempore (Mr. wanted to let Medicare wither on the got a gardener that says, ‘‘Let it with- DICKEY). Under the Speaker’s an- vine, Senator Dole has at least been er, let your plants wither on the vine,’’ nounced policy of May 12, 1995, the gen- willing to stand by his belief that Med- most people have the good sense to re- tleman from Connecticut [Mr. SHAYS] icare was a mistake. alize that what you need is a new gar- is recognized for 60 minutes as the des- And I think that is where this debate dener because that is not the kind of ignee of the majority leader. should be. It should be about whether gardener you want tending to your Mr. SHAYS. Mr. Speaker, it is a in the future of this country, and there plants, and it is certainly not the kind privilege to be here tonight to address is, no doubt, some need for some re- of gardener that you want tending to this Chamber and to have you be the structuring and some improvement and something that is important and is acting Speaker, and I thank you for some strengthening of the Medicare vital to people as Medicare. your willingness to take the time to do and Medicaid system, but whether we And to all of those who say that this this. will trust those who believe in the campaign with reference to Medicare I was particularly motivated to come value of insuring all of our seniors and and making American people aware of tonight because I listened to the pres- protecting them after all they have it is too hard hitting, I would just sub- entation of my colleagues and I would done for this country or whether we mit that they need to consider how like to give you the other side of the will turn it over to someone who said I hard hitting this plan was on seniors, story. was proud 30 years ago that I voted on individuals with disabilities. If this I would also like to say without any against Medicare at a time when well plan, as originally envisioned, has gone hesitation that I believe when you tell over half of the seniors had no health into effect, the consequences would the American people the truth, they insurance program at all, whether you have been dramatic, and if this elec- will have you do the right thing, and I are going to turn it over to someone tion passes and there are not more peo- feel very strongly that what this new like that as well as someone who says, ple here willing to stand up and fight Republican majority tried to do last well, let us just let Medicare wither on against these Medicare cuts, there is year and what we are trying to do this the vine, instead of standing by their no doubt they will be back with the year will make our children better off statements, as has so often happened same secret plans that they had in the than we, this generation, find our- here in the House on a variety of sub- past. selves, and that if we fail, I think they jects. Mr. PALLONE. I would just add to will be worse off. I believe that with all Our Republican colleagues here in the gentleman: You know, I think that my heart and soul. the House have, when caught and when that is what elections should be all I believe that what we tried to do the American people have realized about: issues. That is what we are talk- last year was to get our financial house what has occurred here, they have re- ing about here. I would like to see less in order and balance the Federal budg- acted by having their lawyers attempt emphasis on personality, which is what et. I believe we tried to save our trust July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8085 funds from bankruptcy, particularly Education. We have a Department of I am one who would like to have seen Medicare, and I believe we tried and Education that has 48 percent of all a reduction in defense, and others of are still trying to transform our care- education programs. Why? my colleagues would have wanted to taking society into a caring society, Because there are a whole group of see an increase. But what we need to our caretaking social and corporate individuals here who wanted to make understand is that we are oversub- and agricultural welfare state into a sure their committee had jurisdiction scribed in defense budgets. We have so caring opportunity society, and in the over an education program, so they many programs, procurement programs process we are trying to bring power, made sure it came out of their commit- for weapons systems, that funded out, money and influence out of this city tee. They did not oversee the Depart- they will be higher than what we even back to local communities, back to our ment of Education, so they made sure have in the budget. local communities, back in some cases it came out of HUD or Labor or Veter- So we are going to have significant to our State governments, but closer to ans’ Affairs or the Defense Depart- cuts in defense, even with a freeze in home. That is what we are trying to do. ment. defense spending, because we are going Now, I know that getting our finan- We have all these programs with to have to pare down some of these pro- cial house in order and balancing the great sounding names that we simply grams. So we cut discretionary spend- Federal budget is not the end all and be started to eliminate. We cut discre- ing out of appropriations, we froze de- all. There is no logic to saying that tionary spending, and I know, Mr. fense spending. just balancing the budget is what we Speaker, that you are on the Commit- Then what we did is we came to enti- have to do and then we can walk away. tee on Appropriations. When you came tlements. Entitlements are 50 percent Balancing the budget is what I view as in this year, or last year, we were al- of the budget. What is alarming about just creating a strong foundation in ready halfway into our budget, or al- entitlements is that they are growing which to build the many things that we most halfway. I guess we were about 4 at 10 percent and 11 percent and 12 per- need to build, but if we have a weak months into our budget. You and the cent, so you have half the budget that foundation, everything on top of it just committee members made a decision to is doubling every 5 to 6 to 7 years, and crumbles away. have a rescission package. You decided they are programs like Medicare, a I do not know how my colleagues on to cut $20 billion out of the existing very important program; programs like the other side of the aisle feel com- budget. Now, there were cuts. You cut Medicaid; programs like our Federal fortable when we know that we are some programs. You saved $20 billion. and military retirement; food stamps; spending over $233 billion just on inter- That meant that taxpayers saved $20 veterans’ benefits; AFDC, which is wel- est on the national debt. It seems to billion. fare for mothers and children; the me we would not want to spend $233 Then this year the President wanted, earned income tax credit, which is a billion interest on the national debt. It the year we are in, and we had Govern- program that goes to the working poor, would seem to me we would want to ment shutdowns, and we have 13 indi- so instead of their paying taxes, they spend it on meaningful programs that vidual appropriations bills, and as actually get money back from the Gov- help make individuals more self-suffi- some bills came out he signed some of ernment. It also includes student loan cient. them that we wanted that reduced the programs. But when we balance the Federal amount of Government spending, and What did we do with entitlements? budget, we know logical things happen. he vetoed others. We had Government First off, I just want to say when I We have a strong financial foundation shutdowns. Those various parts of the came from out of the State government in which to then do meaningful pro- budget, if it was HUD or Health and where I voted for 100 percent of the grams, not a lot, but meaningful pro- Human Services and he vetoed that budget, when I came here I found I only grams. But we also know that interest budget, then we had Government shut- voted on a third of the budget, and I rates come down. There is no question down. We had no budget. tried to control spending when I voted in anyone’s mind that our interest Ultimately, though, we had an agree- on a third of the budget. I only vote on rates have been high for many years ment. The agreement was pretty inter- the 13 budgets that came out of the and has slowed the productivity of this esting. He wanted to spend $7 billion Committee on Appropriations. I do not country and that we need to get inter- more than the previous year, and we vote on interest on the national debt, est rates down by balancing our Fed- ultimately had an agreement with him about 30 percent of the budget, and I do eral budget and getting our financial that we spent $23 billion less. So we not vote on 50 percent of the budget, house in order. spent $20 billion in the existing budget, which are entitlements. I did not have that 1995 budget, and then we spent $23 that opportunity. You fit the title on b 2045 billion less in the budget we are in Medicare, Medicaid, student loan, agri- Getting interest rates down does right now. We have an agreement. We cultural subsidy, you fit the title, you some significant things. It lowers the got the President to agree to slow get the money. You get the money. I do mortgages people pay on their houses, growth by $23 billion. not vote on it. it lowers the amounts they pay on He wanted us to spend some of that What did we do with these very im- their cars, it lowers student loans. It money differently and we had an agree- portant programs, that are all very, seems kind of logical that we would ment. That was a compromise. That is very important programs? What did we want to do all those things simply by the way the system should work. But do to these programs? We slowed their getting our financial house in order ultimately, we saved $20 billion last growth. Mr. Speaker, Medicare was and balancing the Federal budget. year, $23 billion this year; $43 billion going to grow at 10 percent a year. We Mr. Speaker, we did that by basically less in the bottom line of the deficits. decided, for instance, that we would cutting some programs. We cut Gov- Each year the difference between the allow it to grow at 7 percent a year. ernment programs. We made Govern- spending and the revenue is the deficit, I notice a colleague of mine is here. ment smaller. We did not want Govern- and it is added to the national debt, so What I would like to do is just spend ment to keep growing, we wanted it to we made that national debt not grow about 5 more minutes; then I would be smaller, so we eliminated a plethora as high. like to ask the gentleman from Iowa, of individual commissions and boards So we cut what we call discretionary Mr. GANSKE, to respond to the whole that were created by some Member of spending that came out of the Commit- issue of health care. What I heard that Congress so he could go out and have a tee on Appropriations, and we made preceded this special order just boggled press release and tell people that he Government smaller, and it was what my mind. I think my colleague can created this new program that had a we said we would do before we were shed some light on it. wonderful sounding name. elected, and that is exactly what we But this is what we did with some of So what we did was we eliminated a did. these entitlements. We allowed the lot of that. I do not know if many peo- When we came to the defense spend- earned income tax credit, which is a ple know that almost 52 percent of all ing, we froze defense spending. We did payment to the poor who are working, education programs do not even be- not increase it, we did not cut it. We to grow from $19.9 billion to $25 billion. long, are not even in the Department of froze it. Some would probably say, and That is an increase in spending. But in H8086 CONGRESSIONAL RECORD — HOUSE July 22, 1996 this place here, in Washington, in Con- ed to go insolvent this last year, so we has looked at the way the current Med- gress, in the Senate, down here, people knew it was going to ultimately be- icare Program is working and has call it a cut. I am hard-pressed to know come insolvent totally and completely found significant areas of fraud and how going from $19 billion to $25 billion sooner than they said, and they said at waste and abuse in the current pro- is a cut. In fact the only place I know the beginning of the year 2001, and the gram, the way it is currently working. that is called a cut is right here, and beginning of the year 2001 is really the There was recently an editorial in where the virus is spreading. end of the year 2000, it is going bank- the Washington Post that outlined The Student Loan Program. I think rupt. some of the abuses that occur in the of the Student Loan Program and I re- What did Republicans do? We said home health care industry, where, for member how outraged I was when I saw that Medicare could grow from $178 bil- instance, care is provided at $125 an the President go to a school and basi- lion to $289 billion, a 60-percent in- hour or a visit. Total care for home cally tell the students that they would crease in the total amount we spend, health care is under no competitive have no Student Loan Program, or ex- and people said, yes, yes, but you have bidding. There is no prospect of a pay- cuse me, School Lunch Program, be- a lot more seniors in the program. ment system in the current plan. There cause Republicans were going to take True, we have more. On a per person is no effort to control abuses in that it away. When I got back from the basis it went from $4,800 last year to area like there is in some of the ways weekend, I went to my colleagues and $7,100, a 50-percent increase per bene- Medicare has worked on preventing said, how could we have done some- ficiary. We slowed the growth and abuses in hospital billing. So there are lots of ways that we can thing so stupid? And they said, CHRIS saved $240 billion. Yet, we are still al- make the Medicare system work bet- tell me something; if it goes from $5.2 lowing the program to grow from $4,800 ter. I think that is a crucial point, be- billion to $6.8 billion, is that a cut? It to $7,100. That is called a cut? No, it is cause let me just read a letter to the is not a cut. ‘‘But the President said we called an increase of 60 percent in editor from the Des Moines Register: were cutting, we were going to spend terms of total dollars, 50 percent per ‘‘Congressman Ganske has voted for in- less.’’ beneficiary in total dollars. creased spending in Medicare.’’ This is That is not true. It is simply not Before I call on my colleague, I would a letter by James Winger, president of true. It is not factually correct. Our just point out, we did it without in- the Iowa Federation of Labor AFL–CIO programs, percentagewise, instead of creasing the copayment, without in- on Friday, July 19: ‘‘Congressman growing at 5.2 percent, we said it could creasing the deductible, without in- Ganske has voted for increased spend- grow at 4.5 percent a year, and then we creasing the premium. Seniors paid ing in Medicare. However, this increase said that 20 percent of it could be allo- last year 311⁄2 percent and the tax- is not enough to provide Medicare re- cated to the students that really need- payers paid 68.5 percent. We said freeze cipients with the same coverage they ed it, because every student in this it. Do not increase it, do not subtract have today.’’ country is subsidized 13 cents in a from it, freeze it. Now, it is the second part of that school lunch program. My daughter is We were able to save $240 billion for statement that is incorrect. Because subsidized. I make a good salary. My the taxpayers, and in this program, the the assumption is that you cannot do it wife makes a good salary. Why is my reason we were able to save it was we better than it is being done today. I daughter’s lunch subsidized? were able to bring in the private sec- think that I just do not accept that. I We, under our program, said that we tor, that said if you allow Medicare to think we can do it better. We can de- could take that money, the State could grow at 7 percent, we can make money vise a system where, in my home State decide to take that money and give it and we can offer a whole host of new of Iowa, quite frankly by equalizing to an urban area that might want to services: eye care, dental care, a rebate funding formulas to make rural areas have a breakfast program or a lunch and a copayment of the deductible; comparable to urban areas, we can ac- program or a meal in the evening for a maybe even pay the premium, maybe tually improve benefits for senior citi- kid who simply may need that meal. even pay MediGap. We had some pro- zens. Then the Student Loan Program, viders who said if you allow it to grow Mr. SHAYS. Mr. Speaker, I remem- this is the one that really gets me, it at 7 percent, which is very generous, ber being the chairman of the task grows from $24 billion to $36 billion. we can provide a whole host of pro- force, on the Committee on the Budget, That was our plan last year. That was grams and we can save you money, be- on Medicare and Medicaid, and I re- referred to as a cut. If it is $24 billion cause it does not have to grow at 10 member the fact that the gentleman and we are adding $12 billion more in percent a year. was not going to vote for the plan un- the seventh year, in the seventh year Then the seniors said, what happens less we realized that urban areas were we are going to spend $12 billion more if I do not like the program? Then the treated in a much more beneficial way than we spend today, and it is $24 bil- gentleman from Iowa [Mr. GANSKE], for than a number of your communities. I lion more than we spend today, and it instance argued they should be allowed remember you having a dialog with me, is $24 billion, I am hard pressed to to go back each and every month for and more particularly the Speaker, and know how that is a cut. It seems to me the next 24 months. The gentleman convincing him to put more money it is a 15-percent increase in spending. from Iowa worked on this program into the rural areas so they would in It is simply not a cut, it is an increase with others, but he was a leader in this fact get more. in spending. area, and he created a better program Mr. GANSKE. We have a situation, as Now we get to the health care issues. and saved money. I am just really you mentioned before, where in some In the health care, under our plan last grateful that he is here. I would love to parts of the country senior citizens can year it was to grow at $89 billion to give him the opportunity to just kind sign up for health plans where they get $127 billion. Again, in this place, that is of express his concerns about what we practically free prescription drugs, called a cut. Back in my home when did. eyeglasses, hearing aids, trips to and you spend $89 billion in the last year, Mr. Speaker, I yield to the gentleman from the doctor’s office, and even and in the seventh year, in the year from Iowa [Mr. GANSKE]. memberships in health fitness clubs; 2002, you are going to spend $127 billion Mr. GANSKE. I appreciate the gen- that is, New York City, Florida, Los on Medicaid, health care for the poor tleman sharing some of his time with Angeles. and nursing care for the elderly who me, Mr. Speaker, I, too, was watching But there is nothing like that avail- are poor, I call it an increase in spend- the previous colleagues who were hav- able for senior citizens in some of the ing. I think most rational people do. ing a discussion on some of the impor- rural areas, or even in urban areas that Now we come to Medicare. This is tant programs, including Medicare. I have done a very good job with control- where I would like to really engage my felt stimulated to come to the floor, as ling their utilization. That is not fair. colleague. We learned from the trust- the gentleman did. That is the way the current system is ees last year it was going to go bank- Mr. Speaker, I think that the gen- working. It is not fair, because people rupt, Medicare part B, by the year 2002. tleman hit upon the appropriate word, in every part of the country are paying Then we learned this year, as we sus- and that was ‘‘better.’’ The General Ac- the same into Medicare as they are in pected, because the fund actually start- counting Office, the Inspector General, other parts of the country. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8087 So we equalize that. We did not de- work more efficiently. The Govern- that far from what President Clinton crease the amount in those areas that ment in effect has been growing at over has proposed for savings in Medicare. are high now. We simply said you will 10 percent. We need to learn how to be Mr. SHAYS. The difference is that have to grow at a slower rate than the able to offer benefits in a more effi- when he refers to it, he calls it a sav- areas that are not at such a high aver- cient way. It is not just in health care, ings. When he refers to ours, he calls it age. We will move those up faster and it is also in areas like welfare and a cut. we will equalize it. We will make it other areas. But before we leave Medicare, I do more fair across the country. That is Mr. SHAYS. I would love to just il- not want to leave it without just sum- one way that you can make the system lustrate, if the colleague would allow marizing the fact that we allow Medi- work better. me, a real-life example of what the care to grow from $178 billion to $289 But you know, I want to go back to gentleman is talking about with the billion, a 60-percent increase in Gov- a little broader concept. I think all of growth of entitlements. Entitlements ernment spending on Medicare. On a us want to have a cleaner environment. are 50 percent of the budget and dou- per-person basis, we allowed it last All of us would like to see education bling every 5 to 6 years, crowding out year to grow from $4,800 to $7,100, a 50- emphasized. We all want to see safe the discretionary part of the budget. percent increase per beneficiary. streets. We all want to see secure bor- I have had constituents who come Mr. GANSKE. I think we ought to ders. All of those items are in what is and say, ‘‘We need to spend more for emphasize this: In order to achieve called the discretionary part of the this education program,’’ or more for those savings, we cannot just leave the budget. this child care program that comes out program exactly as it is, because in the current program there are areas of b 2100 of the discretionary budget. I say, ‘‘Yes, we do need to do that.’’ waste, fraud, and abuse that adminis- The other part of the budget is the Then they say, ‘‘And, by the way, tration, there are a number of areas entitlement part, the nondiscretionary don’t cut Medicare and Medicaid.’’ that we can improve the plan. If we put part. These are things like Medicare, I say, ‘‘Well, I don’t want to cut Med- the structural changes in there, then Medicaid, welfare and interest pay- icare and Medicaid, but let me under- we can effect some savings and yet we ments on the debt. stand something. If we allow Medicare can still maintain good quality. Mr. SHAYS. If the gentleman would and Medicaid to continue to grow at 10 Mr. SHAYS. To illustrate, we did not just allow me to make the point that percent a year, how will we be able to increase the copayment to the seniors entitlements are 50 percent of the do all those things you want?’’ or the deductible and we kept the pre- budget, and when we add interest pay- It is a concept of opportunity cost. If mium the same, but what we allowed ments, we are talking about two-thirds you spend your money here, you give them is the opportunity to have what of the budget and the discretionary is up the opportunity to spend it here. you and I have as Federal employees, only one-third of the budget. If we can make savings in Medicare we get choice in health care. We are Mr. GANSKE. The gentleman is cor- and Medicaid, allow it to grow much going to allow seniors to choose dif- rect. But in 1965, the discretionary part faster than any other part of the budg- ferent health care plans. Because of of the budget was two-thirds of the et, we then have some resources to your instance and a wise one, we al- budget, that is, things like education, spend on some good programs that lowed seniors to go back, it they did safe streets, drug prevention, crime come out of what we call the appro- not like that private plan, and just go prevention, environmental things. In priations side of the budget. back to the traditional fee-for-service 1965 that was two-thirds of the budget. Mr. GANSKE. If I may jump in here, Medicare system that we have had Today it is one-third of the budget. Be- many would criticize our specific since 1960. cause in 1965 the entitlements plus in- plans, either to balance the budget or So we left the existing plan in place, terest were one-third of the budget and to reform and preserve and protect but we gave choices. To me, the choice today they are two-thirds of the budg- Medicare. I am sure that there are was the most exciting part. In part of et. some things in all of those areas that our plan we said if a senior discovered So all of those people who, like you the gentleman and I might prefer to something that was a waste in the pro- and I, are concerned about those im- see changed in some respects, too. We gram, we would allow them to receive portant things, need to be concerned cannot have legislation that is this big some of the benefit if they reported it. about being able to control the rate of and agree with every single thing. But It is even in our health bill that Sen- growth in the entitlements. It is esti- the overall thrust is responsibility. ator KENNEDY is holding up right now mated that in 10 years, the entitle- I would say this: I think the Amer- by not allowing for a conference com- ments plus interest will consume all of ican public feels very strongly that mittee between the House and the Sen- the revenues from the Federal Govern- there should be a sense of fairness. So ate. ment. That means that there will be if the opposition criticizes our plan to We passed a health care bill dealing nothing else left for the important save Medicare in 5 years, and we all with portability in health care and al- things that we need to do. know, everyone agrees that the trust lowing people if they have an illness to So what we are talking about in fund will be empty and there will be in- go to another health care plan, if they terms of addressing the problem that sufficient funds to pay the bills in 5 have been in a health care plan, and Medicare is going to go bankrupt in 5 years. We all know that. This is a that is being held up. But in that bill is years is trying to devise a system that given. the same thing we had in our Medicare works better than it does now so that Mr. SHAYS. We have wasted a year plan, allowing seniors to report pro- we can reduce the rate of growth and, already. grams that they thought were abused. therefore, allow the Federal budget to Mr. GANSKE. If that is a given and I would like to talk about one abuse function in the other important areas, the opposition criticizes our plan, then because I am on a committee that like education, the environment, drug does the opposition not have a respon- oversees HCFA, which was the agency prevention, and securing our borders sibility to offer their plans? Some of that the gentleman from Georgia [Mr. that we all think are important. the moderate and conservation Demo- GINGRICH] was referring to when he I should point out, the bill that we crats on the other side of the aisle did talked about it withering on the vine, passed had about a 7-percent annual offer a plan. The fact of the matter is not Medicare, which our colleagues rate of growth. That far exceeds the that we just passed another budget bill like to distort. numbers of senior citizens that are that basically took into consideration Mr. GANSKE. If I may interject, am coming in. If we look at the private some of the proposals that they had I not correct in that, I believe it was in sector, the amount of health care infla- made and the level of savings and, in 1992, President Clinton, at that time tion has been close to 1 percent or less fact, what we are currently dealing running for office, made a statement for the last several years. What we with today are savings of about $160 very, very close to Speaker GINGRICH, want to do is we want to learn for the billion. That is very, very close to what where he basically said the Health Care Government programs how the private the moderate and conservative Demo- Financing Administration, HCFA, the sector has been able to make things crats have been for and it is not all bureaucracy, not Medicare, not the H8088 CONGRESSIONAL RECORD — HOUSE July 22, 1996 program but the bureaucracy, was not I described it this way to my daugh- particularly Medicare, and last year working as good as it should be and ter. I do not have the resources to give when we were trying to save it, when something should be done about that? my daughter $20,000, but if I had $20,000 we did our Medicare plan we saved Mr. SHAYS. The bottom line is that and I said to my daughter, ‘‘I want you about $240 billion that could be used di- the bureaucracy was working terribly. to buy a particular automobile but of rectly to save Medicare part A and I started to talk about some of the course you can’t afford to have leather Medicare part B. To save it from bank- abuses. I sit on a committee where we seats and other nice features in the ruptcy we extended the program out see a number of different abuses. automobile. I can’t give you more than from the year 2001 to basically 2010. We Medicare cannot buy a particular $20,000 this is what I have. And so I are going to have another problem that health service, let us say an oxygen want you to go buy that automobile.’’ we are not going to get into right now, concentrator, and reprice it at the And she comes back to me and she but it is going to be a mammoth issue market rate. It has to buy it at what- says, ‘‘Dad, I bought that automobile of how do we deal with the baby ever the market cost is on the chart. If you talked about but I didn’t spend boomers. they want to reassign the cost, they $20,000. By the way, I got leather seats b 2115 have to go through a 2 to 3-year proc- and a sun roof.’’ I said, ‘‘Honey, I told ess. So the inspector general came in you you could not do that. I only had But we did the responsible thing of and looked at this process and said $20,000.’’ She said, ‘‘Dad, I bought it for slowing the growth of programs, still that Medicare was overpaying for a lot $18.000’’ I would not call that a cut. I allowing them to grow 60 percent more of goods, like an oxygen concentrator. would say she got a better car and she total dollars and 50 percent more per The oxygen concentrator for the Veter- saved $2,000. beneficiary, but saving about $240 bil- ans Department, if we paid the same Mr. GANSKE. If the gentleman would lion that could be used to then make price they paid, in 5 years we would yield, one of the reforms that we sure the program was solvent for the save $4 billion. But we cannot reprice it passed at the beginning of the Congress next 15 years. And the President vetoed without this long, laborious process. last year was the issue of baseline that plan. Mr. GANSKE. If the gentleman would budgeting, and this is what we are Mr. GANSKE. If I may interject, yield for a minute, one of the mecha- talking about. what is the alternatives? I want to go nisms that we had in our reform bill In Washington if your salary is back to this. If someone does not like that would help address this problem of $20,000 this year but next year it is our program, then I think they have a abuse in the system was that we set up $22,000, that could be called a cut be- responsibility to offer their own spe- a mechanism whereby if a Medicare re- cause it is not $23,000. This is the only cific plan to save the program, which cipient identified areas of fraud, waste place in the country where we do budg- will be insolvent in 5 years. That is and abuse, reported that to the govern- eting like that. only fair. It is a very, very important ment program and then savings were Let me just give the gentleman an issue. utilized, then that recipient would get example. I have a little boy who is al- We either effect some reductions in most 8 years old, his name is Carl. to keep part of the savings. the rate of growth or, in order to keep This was a real carrot in order to en- Sometimes Carl accompanies me on the system solvent, what is the alter- courage senior citizens to look care- some of my meetings around the dis- native? The alternative is the same al- fully at their bills and help the pro- trict. I have a chart. The chart shows ternative that we have seen from Con- gram work better for the benefit of ev- that in the last 7 years, we spent about gresses for the last 30 years, and that is erybody. But without that type of in- $925 billion on Medicare. We voted for a very simple: A doubling or a tripling of plan where in the next 7 years we centive, then it is like, ‘‘Well, some- Medicare taxes. would spend about $1,685 billion. I look body else is paying for it, and I guess, As both of you and I know, the effect at my little 7-year-old boy and I say, you know, it doesn’t matter to me.’’ So of that would be very transitory. That ‘‘Carl, which of these is bigger, $1,685 there was a real incentive system built could probably extend the life of the billion or $925 billion? I tell you, a into our reform bill that would help ad- trust fund for 3 years, and then what third-grader knows the difference. If dress some of those areas of abuse that would we do? We would go back there, you factor into that the fact that this the gentleman is talking about. if we return to the way that it has been is more than twice the rate of infla- Mr. SHAYS. Exactly. That was one. done before, and we would double or tion, it more than accounts for new The other area was that we made triple those Medicare taxes again. I tell seniors coming into the system, it still health care fraud a Federal offense in you what, I cannot do that to the provides excellent benefits, there is no terms of Medicare and Medicaid so that working families in my district. increase in copayments, no increase in you would not have to find someone If we look at an average income deductibles, seniors would pay the guilty because of wire or mail fraud working family in 1950, and adjust the same percentage of their premium as but you could find them guilty for the amount of taxes they were paying to they have in the past, then I think that actual offense. We all know that fraud, the government to 1990 dollars, so that it is not accurate to represent our plan we are going to compare the same dol- waste and abuse in our Medicare sys- as a cut. tem is about 10 percent, if not more. Mr. SHAYS. And they get a choice. lars for 1950 in taxes to the dollars in That alone is a $17 billion savings. They get to choose a plan that could be 1995, an average income family, not the Mr. GANSKE. If the gentleman would better or a number of plans that could rich and the wealthy, in 1950 was spend- yield again, we both know that we can be better and in the end if they did not ing about $7,000 to the government in effect savings in that area. We do not like those plans they could go back to 1990 dollars. Today the average income want to give, I think, the inaccurate the traditional system. family, 1995, is sending about $21,000 to representation that by addressing that Mr. GANSKE. And for large areas of the Federal Government. area alone one could effect enough sav- our country, we would also have an The amounts are not so important, ings to save the trust fund. But it is equalization in the funding that would although they are getting so high. one of the many important steps that be very important as well. What is important is to recognize the we took in the reform bill to make the Mr. SHAYS. This Republican major- fact that in the last 30 years, for the system work better. ity is trying to get our financial house average working family, taxes, govern- Mr. SHAYS. Let me ask the gen- in order and balance the Federal budg- ment taxes have tripled. What that tleman, why would they call it a cut, et. My colleague knows that just bal- means today is that couples are no our colleagues on the other side of the ancing the budget is not the end all longer afforded the luxury of one or the aisle, when we spend 60 percent more and be all. It is just the logical realiza- other of the spouses staying home with and 50 percent more per beneficiary? I tion that we would rather spend our the kids. am trying to understand, and I have to money on real programs rather than It means that in 1950 one of the say I thought President Clinton would interest on the national debt. We want spouses could work, the other could do a number of things. I did not think a strong foundation in which to build. take care of the children, if they so he would veto our Medicare plan. I hon- The second thing is we are trying to chose. Today what it means is that one estly did not think he would do it. save our trust funds from bankruptcy, is working to put food on the table, to July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8089 pay the expenses for the rest of their they are there for our kids and our year-old grandparents who literally, family, and the other spouse is working kids’ kids. The third thing is we are they are on welfare, their kids are on for the government. trying to transform our caretaking so- welfare, and their kids’ kid is on wel- Now, this is not rocket science. If we ciety into a caring society, to trans- fare, three generations. are going to keep the trust fund sol- form our caretaking social and cor- Mr. GANSKE. If the gentleman would vent, we are either going to have to re- porate and welfare state—we just do yield, we just passed last week I think duce the rate of growth in a responsible not have welfare for individuals, we really landmark legislation. That was way to make the system work better, have it for corporations, and we even a welfare reform bill that is a very, or else we are going to have to raise have it in the farming communities to very good bill, that emphasizes exactly taxes, and raise taxes a lot and raise some extent as well—and to try and the direction that we think our coun- them again and again, and I just can- move it into a caring opportunity soci- try should move in terms of respon- not do that. ety. sibility and in terms of opportunities, I know how hard the working fami- We know that one of the better pro- because it does have strong require- lies in my district are working, and grams is the earned income tax credit ments for work and it does have strong they are pushed. They have been run- for someone who is at the level of wel- requirements for responsibility for the ning harder and harder on that tread- fare but making money, working, not fathers of children who abandon those mill just to stay in the same spot. So getting something from the Govern- children and leave those young moth- I think it is our responsibility to ad- ment, but really not enough to survive. ers to an awfully hard row to hoe. dress this in the way that we have ad- They actually get a cash payment of There were significant corrections in dressed this, a responsible way, a way $1,000 or $2,000, in some cases it could the reform bill in terms of food stamps. to make the program work better. be $3,000. Instead of paying taxes, they Nutrition is very important. I grew up But I think maybe it would be useful get back $2,000 or $3,000. working in my dad’s grocery store. to turn to another topic. I was very in- But what we found was that some Mr. SHAYS. You did not tell your terested in your comments on the people simply were not reporting their dad you did not want to do it because earned income tax credit, because I income. Well, they were reporting it, it was a dead-end job? think both the gentleman and I would saying they were not going to make Mr. GANSKE. I think working in agree that this is a useful program. It money when they actually made that grocery store was one of the best was designed originally and still func- money. We found that a lot of single training periods of my entire life. tions to help people who are just above people were able to get some of the Mr. SHAYS. I bet it was. the poverty level to have benefits, benefits when it was not intended for Mr. GANSKE. You get to meet people slowly work their way out and get a individuals, it was intended for fami- from every walk of life, and I thank my helping hand away from poverty. lies. dad every time I see him for that, al- The gentleman pointed out that we So we are going to spend lots more, though at the time as a younger kid funded the EITC at $19 billion and in- but we just want it to go for the people there were times when I probably creased it to $25 billion, but what he it was designed to help. It gets to this would have preferred on those Satur- neglected to mention, and I am sure whole issue that is something I have days to be playing golf or something that he just did not get to it, was the had to wrestle with as what I view as a else. fact that the General Accounting Of- moderate Republican. I think I am Mr. SHAYS. Or watching a football fice did a study and showed, or possibly pretty much down the center in terms game. it was the IRS, the IRS did a study and of the political ideology. Mr. GANSKE. But the point that I showed that there was about 30 to 35 I believe that what we have done for wanted to pursue is that even back percent abuse, in some cases outright too many of our young people, and we when I was working in the store—my fraud in people taking the earned in- see the result of it, I see too many dad just recently retired from manag- come tax credit when they should not. young kids who are pregnant, I see too ing a grocery store—there is a signifi- The program was designed to help many young children that are selling cant and a growing problem with abuse families, that is, families with chil- drugs. I see too many young children in the Food Stamp Program. dren, and it was designed to help people who are literally killing each other. We It is not that food stamps should not that were just above the poverty level. have 18-year-olds who cannot read be there for the people who need them. There were lots of cases, as much as 30 their diplomas. Both the gentleman and I know that to 35 percent of abuse, so what did we The thing that gets me is when I see they should. It is that there has been a do? We addressed some corrections in a 20-year-old or 22-year-old who has growing problem with people abusing the way the system is supposed to never had a job, not because jobs do the system, and we know that food work. That is what we are supposed to not exist. I would acknowledge if ev- stamps have been used as a form of cur- be doing here in Congress. We are sup- eryone who wanted a job sought one, rency for drugs, to help fund drug posed to be helping this Government there might not be. But we have too abuse, that able-bodied people who work more efficiently and better, and many people who are not answering the should be working have been getting yet when we have a good idea, we will opportunity to work because they say food stamps. keep it. I would be happy to yield back. it is a dead-end job. So what we did in our reform bill was Mr. SHAYS. I was thinking, as my If I ever said to my dad, ‘‘I do not we addressed that. We set up encour- colleague was talking, that it was want that job, it is dead-end,’’ my dad agement for electronic billing to try to quite difficult during the fall when we would have said to me, ‘‘Son, how cut down on the technical problems started to get this program through many hours are you working there?’’ I with food stamp waste and fraud. the House and the Senate, present it to would have said 10. He would have said I just am very optimistic. I believe the President, when he called the it just doubled to 20. He would have that there is a role for government. I earned income tax credit a cut when we known that so-called dead-end job happen to believe that government can went from $19 billion to $25 billion; in would have taught me to get up in the work a lot better than we have seen it the School Lunch Program when we morning, it would have taught me that work. But every time we try to change went from $5.2 to $6.8. The Student for that work I earned something, that something, we run up against special Loan Program he is calling a cut when I was of service, instead of taking interest groups that have a vested in- we went from $24 billion to $36 billion. something from someone else. terest in seeing no change, and it is a I really believe in the earned income That is what welfare does. It is tak- real battle. tax credit, because this gets to the ing something that someone else Mr. SHAYS. No one said it would be third effort. We are trying to balance earned, and getting it without having easy, did they? the budget, get our financial house in to earn it but it was given to them. Mr. GANSKE. Nobody ever said it order. The second thing is we are try- There are people who have needs, and would be easy, and in the political ing to save our trust funds for future we have to make sure their needs are process, our Founding Fathers devised generations, so we are not the only met, but we do not want the system to a system that requires multiple steps ones that enjoy the trust funds but be perpetual so that we now have 30- and it requires eternal vigilance. As H8090 CONGRESSIONAL RECORD — HOUSE July 22, 1996 one of our Founding Fathers said, that voted for a number of programs that I to do things for themselves, to be inde- is the price of democracy. have had to look at and say in some pendent. Mr. SHAYS. I just wanted to empha- ways what that has allowed me to do is It is really great. I have gone to some size that one of the things that we are it has allowed me to go back to some of programs where welfare recipients doing with welfare is we are giving it my constituents and say, you know I have taken meaningful job training back to the States with resources. We care because I voted for that program. programs, had the day care they need- are not just saying ‘‘It is your respon- But as I have seen the program unfold, ed, and then they have a mentor who sibility.’’ We are giving significant re- some of them, not all of them, I have follows them for a year or so in the job sources for day care, for the actual had to go back and say you know, real- to make sure they do get up in the payment to the recipient but also for ly what I have been is a caretaker and morning, make sure when they have an day care and jobs, because we know I have done something the exact oppo- excuse not to go to work, help them that a caring bill has got to provide site of what you would do for someone sort out that that excuse will not be someone the opportunity for training you love. very helpful in their job. And what they do in these graduations a year and a place to have your child so that b 2130 you can get that training and ulti- later is they hold up a check and say: mately get that job. What I started to do about 3 years ‘‘You know what I like about my job? But what we do know is that a lot of ago is I asked anyone who really start- I earned this.’’ the traditional job training programs ed up in a lower echelon economically We had to encourage everyone to have been basically make-work, not who now is a very successful person, have that same kind of feeling of ac- really teaching someone for a job that far more successful than I would be, complishment and contribution be- exists but just giving them some kind and I would say, what happened? Why cause it is there in the heart of every of program that in the end does not are you so successful? When you were American citizen. Every person wants serve any value to them in terms of ac- there in a development, in poverty, to add and to be of contribution. tually getting a job. So the day care happened to have been a minority, so They also then make reference to the and job training kind of programs that you had the laws against you and so fact that not only did they earn it and we are seeing now are quite signifi- on, and you had racial prejudice; and how proud they are but how proud cantly different. yet you succeeded? their kids are of them because mom is Mr. GANSKE. If I may add to that, in Yet in every instance, in every in- making a contribution to society and the welfare reform bill there are some stance it was, I had someone who took helping to support the family without significant other items that reinforce an interest in me, I had someone who having to turn to someone else. Before yielding to my colleague, if I the fact that citizens need to be re- sometimes kicked me in the butt. I had could say this. I proactively went out sponsible. When a citizen sponsors an someone who did not always give me looking for some people to work in my immigrant to come into the country, what I wanted. I had someone who did office who, frankly, were not white, they basically are promising that they not let me get away with the excuse I who were maybe Hispanic or black; and will help that new immigrant for 5 do not want that because it is a dead- I guess I would call that affirmative ac- years. end job. I had someone would taught tion. One person that we ended up hir- Mr. SHAYS. Yes. me to dream. Mr. GANSKE. That is current law. There were a lot of things they had, ing was someone who had gone through However, there has never been any but they did not have someone just giv- a job training program. She is a very teeth in that current law, and we even ing them something. valued member of my office. But I had have examples where in Chinese news- When I was growing up, my dad a program that I was trying to help papers from the west coast, Dear Abby would commute from Darien, CT, for people understand how they could buy columns, you will have somebody writ- an hour commute into New York. He a home, and she did not want to come ing in, ‘‘My relative just came, got off would get to read three papers in the to this program as a staff person on a the boat. How can I get them on to morning and three at night because he Saturday, but we needed her. She was SSI?’’ I would submit to you that we had an hour on the train. He would happy to come based on that. And she have hundreds of millions of people read, and he would come back, and he came. And a month later I found out around the world that would love the would be filled with information. We that she had just bought a home. She had gone to this program, opportunity to come to this country to would have a wonderful dialog at the learned how she could own a home. She work hard, to achieve the American dining room table. and her brother and her sister bought dream that are not interested in com- He would invariably make some ref- this home and live in a beautiful home ing to this country and immediately erence to something written in Ann in the city of Bridgeport, now realizing getting on welfare, and we have cor- Landers, and Ann Landers would write all the pluses and minuses of home rected that in this welfare reform bill. something back, and it would be kind ownership. But a few years ago she was Mr. SHAYS. But see, some people of a crazy story. on welfare. She had job training. She would call that a cut in the program. I found myself looking at these cal- endars. I had these calendars with the had day care. That is what is ludicrous about the de- She had tremendous initiative. She is thought of the day. I noticed the cal- scription. If we save money in the pro- a very important person in our office, endar for April 3. It was a Wednesday. gram, therefore, do not have to spend someone who is making a wonderful I looked at it, and it was Ann Landers. as much because we eliminate an abuse contribution and someone who we re- like this, it is referred to as a cut, and And I thought, oh, my gosh, there is ceive a lot of compliments on because that is just simply an inaccurate way Ann. And I read it. And in a sense I of the way she treats people and the to describe what we did. thought this summarizes a lot about way she is able to help people. Mr. GANSKE. But to interject, this how I think about what we have to do To me, it is just a very satisfying goes back to the point that we have in government. She wrote, ‘‘In the final thing, and this can be repeated time made several times before, and that is analysis it is not what you do for your and time again. That should be our that the people who are always talking children, but what you have taught goal. about cuts, cutting this, that you are them to do for themselves that will I would love to yield to my colleague. cutting that, they are the people who, make them successful human beings.’’ Mr. GANSKE. I appreciate that and in essence, are arguing not to change Now, we want our constituents to be agree with what my colleague has been anything. If you are interested in, in successful human beings. We do not saying. education, the environment, prevent- want them just used to handouts. We I have to smile because when he was ing crime, in order to take care of want them to be basically creators. We talking about his father coming home those problems, we have to change the want them to be contributors to soci- and discussing the three or six news- programs to make them work better ety. I was thinking about the true love papers that he had read that day with than they are working now. that I think our society has shown and you and all of the ideas, I remembered Mr. SHAYS. I was making reference the true caring for making sure that that usually my dad and I discussed to the fact as a moderate Republican I people in our society are truly learning the sports page. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8091

But to return to welfare, I think Mr. GANSKE. I am happy to join the Mr. STOCKMAN, for 5 minutes on July there are principles in our welfare re- gentleman I think on some of the prin- 24. form bill that are very, very impor- ciples that we want to accomplish. We Mr. BURTON of Indiana, for 5 minutes tant. The first one is the able-bodied want to accomplish an opportunity so- each day, on today and July 23, 24, 25, should work. The second one is that ciety. We want to help make govern- and 26. there should be time limits. We do not ment smaller and more responsive to Mr. MCINTOSH, for 5 minutes on July want to see one generation after an- the citizens. And we basically want 25. other generation, four or five genera- safer and sounder families. I am happy Mr. MICA, for 5 minutes each day, on tions, caught in welfare. to join my colleague in his work. today and July 25. Another idea that is very important Mr. SHAYS. I appreciate my col- Mr. DUNCAN, for 5 minutes, today. is that for those welfare recipients who league for that and thank you, Mr. Mr. KINGSTON, for 5 minutes, today. are under the age of 18, there should be Speaker, for taking the time to listen Mr. GEKAS, for 5 minutes, today. strong incentives for them to continue to us. With than we yield back the bal- f and stay in school. You do not receive ance of our time however short it may benefits unless you are living with an be. EXTENSION OF REMARKS adult and unless you are in school be- f By unanimous consent, permission to cause, if you do not stay in school, revise and extend remarks was granted PERSONAL EXPLANATION there is very little chance that you are to: ever going to get out of the trap of the Mr. BROWNBACK. Mr. Speaker, ear- Mr. TRAFICANT, and to include there- welfare system. lier today I was unavoidably detained in extraneous material, notwithstand- So I think there are a lot of good because of surgery on my son. The sur- ing the fact that it exceeds two pages things that we have been trying to do. gery went very well, but I was not able of the RECORD and is estimated by the I would like to go to one thing, though, to be in town; therefore, I missed votes. Public Printer to cost $1,033. and that relates to what we are talking If I had been here, I would have voted (The following Members (at the re- about in terms of cuts. An example is ‘‘nay’’ on rollcall vote 332, I would have quest of Mr. PALLONE) and to include the most recent HHS appropriations voted ‘‘yea’’ on rollcall vote 333, I extraneous matter:) bill, where for the Department of Edu- would have voted ‘‘yea’’ on rollcall Ms. HARMON. cation we increased funding this year vote 334, I would have voted ‘‘yea’’ on Mr. FRANK of Massachusetts. by roughly $2.4 billion. That was some- rollcall vote 335, I would have voted Mr. MANTON. where between a 4- and a 5-percent in- ‘‘yea’’ on rollcall vote 336 and, I would Mr. MILLER of California. crease. have voted ‘‘yea’’ on rollcall vote 337. Mr. STOKES. Now, within that we shifted some of f Mr. HILLIARD. the funds around. We took it out of the LEAVE OF ABSENCE (The following Members (at the re- Washington bureaucracy and we gave quest of Mr. MICA) and to include ex- it back to the States and the local By unanimous consent, leave of ab- traneous matter:) areas. That is crucial because, when we sence was granted to: Mr. QUINN. talk about education, I want to see an Mr. YOUNG of Florida (at the request Mr. FORBES. increased teacher-student ratio, and I of Mr. ARMEY), for today and the bal- Mr. DUNCAN. want to see a decreased bureaucrat- ance of the week, on account of medi- Mr. WOLF. teacher or bureaucrat-student ratio. cal reasons. Mr. PORTER. And that is what we are trying to do Mr. EVERETT (at the request of Mr. Mr. SPENCE. here. We are trying to get power back ARMEY), for today, on account of offi- Mr. PACKARD. to the States, to the local areas. cial business. (The following Members (at the re- People can do jobs better when gov- Mr. MANZULLO (at the request of Mr. quest of Mr. GANSKE) and to include ex- ernment is closest to them. We want to ARMEY), for today, on account of ill- traneous material:) do it in a responsible way, and I think ness in the family. Mr. MOAKLEY. that I am very optimistic with the Mrs. MORELLA (at the request of Mr. Mrs. COLLINS of Illinois. progress we have made. ARMEY), for today, on account of per- Mr. GOODLING. I will just yield back to the gen- sonal reasons. Mr. TRAFICANT. tleman for a final closing statement. Mr. NETHERCUTT (at the request of Ms. FURSE. Mr. SHAYS. This Republican major- Mr. ARMEY), for today, on account of Mr. BARCIA. ity is working to get our financial attending a funeral. f house in order and balance the Federal Mrs. LINCOLN (at the request of Mr. budget. We are looking to save our GEPHARDT), for today and the balance BILL PRESENTED TO THE trust funds for future generations, and of the week, on account of medical rea- PRESIDENT we are also looking to transform our sons. Mr. THOMAS, from the Committee caretaking social, corporate and agri- Mrs. MINK of Hawaii (at the request on House Oversight, reported that that cultural welfare state into a caring op- of Mr. GEPHARDT), for today, on ac- committee did on the following date portunity society. In the process we count of a death in the family. present to the President, for his ap- are looking to bring power, money and f proval, a bill of the House of the fol- influence out of Washington and bring SPECIAL ORDERS GRANTED lowing title: it back to local communities. By unanimous consent, permission to On July 18, 1996: In the process we are looking to em- H.R. 743. An act to amend the National power people who are in our commu- address the House, following the legis- Labor Relations Act to allow labor manage- nities. So it is an effort that we are lative program and any special orders ment cooperative efforts that improve eco- working hard at. Very candidly, we are heretofore entered, was granted to: nomic competitiveness in the United States not looking at the polls. If Abraham (The following Members (at the re- to continue to thrive, and for other purposes. Lincoln had looked at the polls, we quest of Mr. PALLONE) to revise and ex- f would not be one Nation, under God, tend their remarks and include extra- indivisible. We would be two nations neous material:) ADJOURNMENT very much divided. For us the polls Mrs. COLLINS of Illinois, for 5 min- Mr. GANSKE. Mr. Speaker, I move simply do not matter. What matters is utes, today. that the House do now adjourn. our kids. Ms. NORTON, for 5 minutes, today. The motion was agreed to; accord- Mr. Rabin, the former prime minister Mrs. CLAYTON, for 5 minutes, today. ingly (at 9 o’clock and 41 minutes of Israel, said you and I, politicians, (The following Members (at the re- p.m.), under its previous order, the are elected by adults to represent the quest of Mr. MICA) to revise and extend House adjourned until Tuesday, July children. And frankly that is what this their remarks and include extraneous 23, 1996, at 9 a.m. for morning hour de- is all about, representing the children. material:) bates. H8092 CONGRESSIONAL RECORD — HOUSE July 22, 1996 EXECUTIVE COMMUNICATIONS, 4227. A letter from the General Counsel, Louisiana State Implementation Plan Revi- ETC. Department of Housing and Urban Develop- sion; Major Source Definition Corrections ment, transmitting the Department’s final for Reasonably Available Control Tech- Under clause 2 of rule XXIV, execu- rule—Supplemental Standards of Ethical nology (RACT) Rules; Volatile Organic Com- tive communications were taken from Conduct for Employees of the Department of pounds (VOC) RACT Catch-ups (FRL–5525–8) the Speaker’s table and referred as fol- Housing and Urban Development [Docket No. received July 18, 1996, pursuant to 5 U.S.C. lows: FR–3331–F–01] (RIN: 2501–AB55, 3209–AA15) re- 801(a)(1)(A); to the Committee on Commerce. 4238. A letter from the Director, Office of 4217. A letter from the Administrator, Ag- ceived July 22, 1996, pursuant to 5 U.S.C. Regulatory Management and Information, ricultural Marketing Service, transmitting 801(a)(1)(A); to the Committee on Banking Environmental Protection Agency, transmit- the Service’s final rule—Nectarines and and Financial Services. 4228. A letter from the General Counsel, ting the Agency’s final rule—Approval and Fresh Peaches Grown in California; Assess- Promulgation of Implementation Plans; Re- ment Rate [Docket No. FV96–916–1 IFR] re- Department of Housing and Urban Develop- ment, transmitting the Department’s final vision to the New Jersey State Implementa- ceived July 22, 1996, pursuant to 5 U.S.C. tion Plan for Carbon Monoxide [Region II 801(a)(1)(A); to the Committee on Agri- rule—Streamlining Mortgagee Require- ments, [Docket No. FR–3957–F–02] (RIN: 2502– Docket No. 142; SIPTRAX NJ15–2–6920] (FRL– culture. 5524–3) received July 18, 1996, pursuant to 5 4218. A letter from the Administrator, Ag- AG57) received July 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on ricultural Marketing Service, transmitting Commerce. the Service’s final rule—United States Banking and Financial Services. 4229. A letter from the General Counsel, 4239. A letter from the Director, Office of Standards for Grades of Frozen Green and Department of Housing and Urban Develop- Regulatory Management and Information, Frozen Wax Beans [FV–95–326] received July ment, transmitting the Department’s final Environmental Protection Agency, transmit- 22, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to rule—Community Development Work Study ting the Agency’s final rule—Approval and the Committee on Agriculture. Program; Amendments [Docket No. FR–3902– Promulgation of Implementation Plans; Re- 4219. A letter from the Administrator, Ag- F–01] (RIN: 2528–AA05) received July 22, 1996, vision to the New York State Implementa- ricultural Marketing Service, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion Plan for Carbon Monoxide; Determina- the Service’s final rule—Oranges and Grape- mittee on Banking and Financial Services. tion of Length of Control Period for New fruit Grown in the Lower Rio Grande Valley 4230. A letter from the General Counsel, York-Northern New Jersey-Long Island Con- in Texas; Assessment Rate [Docket No. Department of Housing and Urban Develop- solidated Metropolitan Statistical Area [Re- FY96–906–1 IFR] received July 22, 1996, pursu- ment, Transmitting the Department’s final gion II Docket No. 151; SIPTRAX NY12–2– ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule—Streamlining of HUD Regulations Gov- 6920] (FRL–5524–5) received July 18, 1996, pur- on Agriculture. erning the Protection of Human Subjects suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 4220. A letter from the Chairman and Chief [Docket No. FR–4069–F–01] (RIN: 2501–AC26) tee on Commerce. Executive Officer, Farm Credit Administra- received July 22, 1996, pursuant to 5 U.S.C. 4240. A letter from the Director, Office of tion, transmitting the annual report to the Regulatory Management and Information, 801(a)(1)(A); to the Committee on Banking Administration for calendar year 1995, pursu- Environmental Protection Agency, transmit- and Financial Services. ant to 12 U.S.C. 2252(a)(3); to the Committee 4231. A letter from Chairman, Federal Re- ting the Agency’s final rule—Approval and on Agriculture.. serve System, Transmitting the Board’s mid- Promulgation of Implementation Plans Ten- 4221. A letter from the Director, Defense year monetary policy report to the Congress, nessee: Approval of Revision to the Ten- Procurement, Department of Defense, trans- pursuant to 12 U.S.C. 225a; to the Committee nessee SIP and the Nashville/Davidson Coun- ty Portion of the Tennessee SIP Regarding mitting the Department’s final rule—Defense on Banking and Financial Services. Federal Acquisition Regulation Supplement; 4232. A letter from the Secretary of Hous- Nitrogen Oxides (FRL–5529–5) received July Comprehensive Subcontracting Plans ing and Urban Development, transmitting a 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to [DFARS Case 96–D304] received July 22, 1996, draft of proposed legislation entitled the the Committee on Commerce. 4241. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ‘‘Older Americans Home Security Act 1996’’; Regulatory Management and Information, mittee on National Security. to the Committee on Banking and Financial Environmental Protection Agency, transmit- 4222. A letter from the General Counsel, Services. ting the Agency’s final rule—Approval and Department of Housing and Urban Develop- 4233. A letter from the Director, Office of Promulgation of Implementation Plans; ment, transmitting the Department’s final Regulatory management and Information, California State Implementation Plan Revi- rule—Sale of HUD-Held Multifamily Mort- environmental Protection Agency, transmit- sion, Kern County Air Pollution Control Dis- gages [Docket No. FR–3970–F-02] (RIN: 2502– ting the Agency’s final rule—Clean Air Act trict, Placer County Air Pollution Control AG59) received July 22, 1996, pursuant to 5 Approval and Promulgation of Carbon Mon- District, Ventura County Air Pollution Con- U.S.C. 801(a)(1)(A); to the Committee on oxide Implementation Plan for the State of trol District, and San Joaquin Valley Unified Banking and Financial Services. Washington: Puget Sound Attainment Dem- Air Pollution Control District [FRL–5527–6] 4223. A letter from the General Counsel, onstration [FRL–5538–3] received July 18, Department of Housing and Urban Develop- received July 22, 1996, pursuant to 5 U.S.C. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Commerce. ment, transmitting the Department’s final Committee on Commerce. rule—Community Development Block Grant 4242. A letter from the Director, Office of 4234. A letter from the Director, Office of Regulatory Management and Information, (CDBG) Program: Small Cities and Insular Regulatory management and Information, Areas; Final Rule [Docket No. FR–4048–F–1] Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ting the Agency’s final rule—Inspection/ (RIN: 2506–AB81) received July 22, 1996, pur- ting the Agency’s final rule—Approval and Maintenance Flexibility Amendment (Ozone suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Promulgation of Air Quality Implementa- Transport Region) [FRL–5541–3] received tee on Banking and Financial Services. tion Plans; Virginia; Approval of Revised July 18, 1996, pursuant to 5 U.S.C. 4224. A letter from the General Counsel, Confidentiality Provisions; Approval and 801(a)(1)(A); to the Committee on Commerce. Department of Housing and Urban Develop- Disapproval of Minor New Source Permit 4243. A letter from the Director, Office of ment, transmitting the Department’s final Provisions [FRL–5534–4] received July 18, Regulatory Management and Information, rule—Public Housing Management Assess- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- ment Program—Conforming Change [Docket Committee on Commerce. ting the Agency’s final rule—Approval and No. FR–3447–F–02] (RIN: 2577–AA89) received 4235. A letter from the Director, Office of Promulgation of Implementation Plans; Wis- July 22, 1996, pursuant to 5 U.S.C. Regulatory Management and Information, consin [FRL–5539–1] received July 18, 1996, 801(a)(1)(A); to the Committee on Banking Environmental Protection Agency, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Financial Services. ting the Agency’s final rule—Approval and mittee on Commerce. 4225. A letter from the General Counsel, Promulgation Plans; Illinois [FRL–5540–5] re- 4244. A letter from the Chairman, Council Department of Housing and Urban Develop- ceived July 18, 1996, pursuant to 5 U.S.C. of the District of Columbia, transmitting a ment, transmitting the Department’s final 801(a)(1)(A); to the Committee on Commerce. copy of D.C. Act 11–298, ‘‘Vending Site Lot- rule—Indian HOME Program Streamlining 4236. A letter from the Director, Office of tery Assignment Amendment Temporary Act [Docket No. FR–3567–I–1] (RIN: 2577–AB35) re- Regulatory Management and Information, of 1996’’ (received July 22, 1996), pursuant to ceived July 22, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- D.C. Code, section 1–233(c)(1); to the Commit- 801(a)(1)(A); to the Committee on Banking ting the Agency’s final rule—Final/Interim tee on Government Reform and Oversight. and Financial Services. Authorization of State Hazardous Waste 4245. A letter from the Chairman, Council 4226. A letter from the General Counsel, Management Program Revisions; South Da- of the District of Columbia, transmitting a Department of Housing and Urban Develop- kota (FRL–5534–2) received July 18, 1996, pur- copy of D.C. Act 11–300, ‘‘Telecommuni- ment, transmitting the Department’s final suant to 5 U.S.C. 801(a)(1)(A); to the Commit- cations Competition Act of 1996’’ (received rule—Single Family Miscellaneous Amend- tee on Commerce. July 22, 1996), pursuant to D.C. Code, section ments, Clarifications, and Corrections 4237. A letter from the Director, Office of 1–233(c)(1); to the Committee on Government [Docket No. FR–3977–F–01] (RIN: 2501–AG61) Regulatory Management and Information, Reform and Oversight. received July 22, 1996, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- 4246. A letter from the Executive Director, 801(a)(1)(A); to the Committee on Banking ting the Agency’s final rule—Approval and District of Columbia Financial Responsibil- and Financial Services. Promulgation of Implementation Plans; ity and Management Assistance Authority, July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8093 transmitting a copy of the Authority’s reso- plified Acquisition Threshold [FAC 90–40; 4265. A letter from the General Counsel, lution disapproving D.C. Act 11–281, ‘‘Revised FAR Case 94–782; Item VIII] (RIN: 9000–AH08) Department of Transportation, transmitting Fiscal Year 1997 Budget Request Act,’’ pursu- received July 18, 1996, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness ant to Public Law 104–8, section 801(a)(1)(A); to the Committee on Govern- Directives; Rolls-Royce, plc RB211 Series 202(c)(5)(C)(i)(II) (109 Stat. 112); to the Com- ment Reform and Oversight. Turbofan Engines (Federal Aviation Admin- mittee on Government Reform and Over- 4256. A letter from the Deputy Associate istration) [Docket No. 94–ANE–39; Amend- sight. Administrator for Acquisition Policy, Gen- ment 39–9672; AD 96–13–04] (RIN: 2120–AA64) 4247. A letter from the Deputy Associate eral Services Administration, transmitting received July 22, 1996, pursuant to 5 U.S.C. Administrator for Acquisition Policy, Gen- the Administration’s final rule—Federal Ac- 801(a)(1)(A); to the Committee on Transpor- eral Services Administration, transmitting quisition Regulation; Indian-Owned Eco- tation and Infrastructure. the Administration’s final rule—Federal Ac- nomic Enterprises [FAC 90–40; FAR Case 91– 4266. A letter from the General Counsel, quisition Circular 90–40; Introduction (48 028; Item IX] (RIN: 9000–AE52) received July Department of Transportation, transmitting CFR Chapter 1) received July 18, 1996, pursu- 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule—Airworthiness ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee on Government Reform and Directives; Pratt & Whitney PW4000 Series on Government Reform and Oversight. Oversight. Turbofan Engines (Federal Aviation Admin- 4248. A letter from the Deputy Associate 4257. A letter from the Deputy Associate istration) [Docket No. 96–ANE–10; Amend- Administrator for Acquisition Policy, Gen- Administrator for Acquisition Policy, Gen- ment 39–9676; AD 96–13–08] (RIN: 2120–AA64) eral Services Administration, transmitting eral Services Administration, transmitting received July 22, 1996, pursuant to 5 U.S.C. the Administration’s final rule—Federal Ac- the Administration’s final rule—Federal Ac- 801(a)(1)(A); to the Committee on Transpor- quisition Regulation; Contingent Fee Rep- quisition Regulation; General Agreement on tation and Infrastructure. resentation [FAC 90–40; FAR Case 93–009; Tariffs and Trade Patent Authorization 4267. A letter from the General Counsel, Item I] (RIN: 9000–AG83) received July 18, [FAC 90–40; FAR Case 95–308; Item X] (RIN: Department of Transportation, transmitting 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9000–AH09) received July 18, 1996, pursuant to the Department’s final rule—Airworthiness Committee on Government Reform and 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Sikorsky Aircraft Model S–76B Oversight. Government Reform and Oversight. Helicopters (Federal Aviation Administra- 4249. A letter from the Deputy Associate 4258. A letter from the Deputy Associate tion) [Docket No. 96–SW–16–AD; Amendment Administrator for Acquisition Policy, Gen- Administrator for Acquisition Policy, Gen- 39–9696; AD 96–15–03] (RIN: 2120–AA64) re- eral Services Administration, transmitting eral Services Administration, transmitting ceived July 22, 1996, pursuant to 5 U.S.C. the Administration’s final rule—Federal Ac- the Administration’s final rule—Federal Ac- 801(a)(1)(A); to the Committee on Transpor- quisition Regulation; Simplified Acquisition quisition Regulation; Performance and Pay- tation and Infrastructure. Threshold/Federal Acquisition Computer ment Bonds [FAC 90–40; FAR Case 91–027; 4268. A letter from the General Counsel, Network; and Micro-Purchase Procedures Item XI] (RIN: 9000–AE47) received July 18, Department of Transportation, transmitting [FAC 90–40; FAR Cases 94–770 and 94–771; Item 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Standard In- II] (RIN: 9000–AG18/9000–AG26) received July Committee on Government Reform and strument Approach Procedures; Miscellane- 18, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Oversight. ous Amendments (Federal Aviation Adminis- 4259. A letter from the Deputy Associate the Committee on Government Reform and tration) [Docket No. 28625; Amdt. No. 1740] Administrator for Acquisition Policy, Gen- (RIN: 2120–AA65) received July 22, 1996, pur- Oversight. eral Services Administration, transmitting 4250. A letter from the Deputy Associate suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Administration’s final rule—Federal Ac- Administrator for Acquisition Policy, Gen- tee on Transportation and Infrastructure. quisition Regulation; Employee compensa- 4269. A letter from the General Counsel, eral Services Administration, transmitting tion Costs [FAC 90–40; FAR Case 93–005; Item Department of Transportation, transmitting the Administration’s final rule—Federal Ac- XII] (RIN 9000–AF97) received July 18, 1996, the Department’s final rule—Standard In- quisition Regulation; Gratuities [FAC 90–40; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- strument Approach Procedures; Miscellane- FAR Case 96–300; Item III] (RIN 9000–AH11) mittee on Government Reform and Over- ous Amendments (Federal Aviation Adminis- received July 18, 1996, pursuant to 5 U.S.C. sight. tration) [Docket No. 28627; Amdt. No. 1742] 801(a)(1)(A); to the Committee on Govern- 4260. A letter from the Deputy Associate (RIN: 2120–AA65) received July 22, 1996, pur- ment Reform and Oversight. Administrator for Acquisition Policy, Gen- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 4251. A letter from the Deputy Associate eral Services Administration, transmitting tee on Transportation and Infrastructure. Administrator for Acquisition Policy, Gen- the Administration’s final rule—Federal Ac- 4270. A letter from the General Counsel, eral Services Administration, transmitting quisition Regulation; Agency Procurement Department of Transportation, transmitting the Administration’s final rule—Federal Ac- Protests [FAC 90–40; FAR Case 95–309; Item the Department’s final rule—Standard In- quisition Regulation; Disaster Relief Act XIII] (RIN 9000–AH10) received July 18, 1996, strument Approach Procedures; Miscellane- [FAC 90–40; FAR Case 93–303; Item IV] (RIN pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ous Amendments (Federal Aviation Adminis- 9000–AG77) received July 18, 1996, pursuant to mittee on Government Reform and Over- tration) [Docket No. 28626; Amdt. No. 1741] 5 U.S.C. 801(a)(1)(A); to the Committee on sight. (RIN: 2120–AA65) received July 22, 1996, pur- Government Reform and Oversight. 4261. A letter from the Deputy Associate suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 4252. A letter from the Deputy Associate Administrator for Acquisition Policy, Gen- tee on Transportation and Infrastructure. Administrator for Acquisition Policy, Gen- eral Services Administration, transmitting 4271. A letter from the General Counsel, eral Services Administration, transmitting the Administration’s final rule—Federal Ac- Department of Transportation, transmitting the Administration’s final rule—Federal Ac- quisition Regulation; Value Engineering the Department’s final rule—Excess Flow quisition Regulation; Responsibility Deter- [FAC 90–40; FAR Case 96–315; Item XIV] (RIN Valve—Performance Standards (Research minations [FAC 90–40; FAR Case 95–007; Item 9000–AH12) received July 18, 1996, pursuant to and Special Programs Administration) V] (RIN 9000–AG66) received July 18, 1996, 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. PS–118; Amendment 192–79] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Government Reform and Oversight. (RIN: 2137–AB97) received July 22, 1996, pur- mittee on Government Reform and Over- 4262. A letter from the Deputy Associate suant to 5 U.S.C. 801(a)(1)(A); to the Commit- sight. Administrator for Acquisition Policy, Gen- tee on Transportation and Infrastructure. 4253. A letter from the Deputy Associate eral Services Administration, transmitting 4272. A letter from the General Counsel, Administrator for Acquisition Policy, Gen- the Administration’s final rule—Federal Ac- Department of Transportation, transmitting eral Services Administration, transmitting quisition Regulation; Termination Inventory the Department’s final rule—Excess Flow the Administration’s final rule—Federal Ac- Schedules [FAC 90–40; FAR Case 94–003; Item Valve—Customer Notification (Research and quisition Regulation; Task and Delivery Or- XV] (RIN 9000–AG13) received July 18, 1996, Special Programs Administration) [Docket ders [FAC 90–40; FAR Case 94–711; Item VI] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. PS–118A; Notice 1] (RIN: 2137–AC55) re- (RIN: 9000–AG50) received July 18, 1996, pur- mittee on Government Reform and Over- ceived July 22, 1996, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- sight. 801(a)(1)(A); to the Committee on Transpor- tee on Government Reform and Oversight. 4263. A letter from the Deputy Associate tation and Infrastructure. 4254. A letter from the Deputy Associate Administrator for Acquisition Policy, Gen- 4273. A letter from the General Counsel, Administrator for Acquisition Policy, Gen- eral Services Administration, transmitting Department of Transportation, transmitting eral Services Administration, transmitting the Administration’s final rule—Federal Ac- the Department’s final rule—Regulatory Re- the Administration’s final rule—Federal Ac- quisition Regulation; Small Entity Compli- view; Gas Pipeline Safety Standards; Correc- quisition Regulation; Multiyear Contracting ance Guide [FAC 90–40; received July 18, 1996, tion (Research and Special Programs Admin- [FAC 90–40; FAR Case 94–712; Item VII] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- istration) [Docket No. PS–124; Amdt. 192078] 9000–AG72) received July 18, 1996, pursuant to mittee on Government Reform and Over- (RIN: 2137–AC25) received July 22, 1996, pur- 5 U.S.C. 801(a)(1)(A); to the Committee on sight. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Government Reform and Oversight. 4264. A letter from the Assistant Secretary tee on Transportation and Infrastructure. 4255. A letter from the Deputy Associate for Fish and Wildlife and Parks, Department 4274. A letter from the General Counsel, Administrator for Acquisition Policy, Gen- of the Interior, transmitting the Depart- Department of Transportation, transmitting eral Services Administration, transmitting ment’s study report on the American Discov- the Department’s final rule—Qualification of the Administration’s final rule—Federal Ac- ery Trail, pursuant to 16 U.S.C. 1244(b); to Pipeline Control (Research and Special Pro- quisition Regulation; Small Business/Sim- the Committee on Resources. grams Administration) [Docket No. PS–94; H8094 CONGRESSIONAL RECORD — HOUSE July 22, 1996 Notice 5] (RIN: 2137–AB38) received July 22, TIME LIMITATION OF REFERRED H. Res. 486. Resolution amending the Rules 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the BILL of the House of Representatives to require Committee on Transportation and Infra- witnesses at committee hearings to submit structure. Pursuant to clause 5 of rule X the fol- statements identifying Federal grants or lowing action was taken by the Speak- 4275. A letter from the Administrator, contracts received during the current and Small Business Administration, transmit- er: previous 2 fiscal years; to the Committee on ting the annual report on minority small [Omitted from the Record of July 18, 1996] Rules. business and capital ownership development H.R. 2145. Referral to the Committee on By Mr. HILLIARD (for himself, Miss for fiscal year 1995, pursuant to Public Law Banking and Financial Services extended for COLLINS of Michigan, Mr. FLAKE, Ms. 100–656, section 408 (102 Stat. 3877); to the a period ending not later than September 6, BROWN of Florida, Ms. EDDIE BERNICE Committee on Small Business. 1996. JOHNSON of Texas, Mr. STOKES, Ms. JACKSON-LEE, Mrs. MEEK of Florida, 4276. A letter from the Assistant Secretary f Mr. WYNN, Mr. RANGEL, Mr. PAYNE of for Employment and Training, Department New Jersey, Mr. CONYERS, Mr. DIXON, of Labor, transmitting the Department’s PUBLIC BILLS AND RESOLUTIONS Mr. FIELDS of Louisiana, Mr. JACK- final rule—Unemployment Insurance Pro- Under clause 5 of rule X and clause 4 SON, Mr. JEFFERSON, Ms. WATERS, Mr. gram Letter No. 29–83, Change 3—received of rule XXII, public bills and resolu- TOWNS, Mr. THOMPSON, Mr. OWENS, July 19, 1996, pursuant to 5 U.S.C. tions were introduced and severally re- Mr. CLYBURN, Mr. HASTINGS of Flor- 801(a)(1)(A); to the Committee on Ways and ferred as follows: ida, Mr. LEWIS of Georgia, Mr. SCOTT, Means. By Mrs. CHENOWETH (for herself, Mr. Mr. FORD, Mrs. CLAYTON, Mrs. COL- 4277. A letter from the Chief, Regulations POMBO, Mr. YOUNG of Alaska, Mr. LINS of Illinois, Ms. NORTON, Mr. Unit, U.S. Customs Service, transmitting the DOOLITTLE, Mr. SMITH of Texas, Mr. CUMMINGS, Mr. RUSH, Mr. FATTAH, Service’s final rule—Rules of Origin for Tex- CALVERT, Mr. STOCKMAN, Mr. BREW- Ms. MCKINNEY, and Mr. BISHOP): tile and Apparel Products (19 CFR Part 102) STER, Mr. COOLEY, Mr. STUMP, Mrs. H. Res. 487. Resolution recognizing Brown received July 17, 1996, pursuant to 5 U.S.C. CUBIN, Mr. RADANOVICH, Mr. TAUZIN, Chapel African Methodist Episcopal Church 801(a)(1)(A); to the Committee on Ways and Mr. CUNNINGHAM, Mr. BARTLETT of in Selma, AL, as a symbol of the struggle for Means. Maryland, Mr. DORNAN, Mr. HASTINGS and achievement of voting rights for Afri- 4278. A communication from the President of Washington, Mrs. VUCANOVICH, can-Americans; to the Committee on Re- of the United States, transmitting notifica- Mrs. SEASTRAND, Mr. FIELDS of sources. tion for DOD to make purchases and pur- Texas, Mr. BARTON of Texas, Mr. f chase commitments, and to enter into cost STENHOLM, Mr. ROHRABACHER, Mr. sharing arrangements for equipment to de- BAKER of Louisiana, Mr. SOLOMON, ADDITIONAL SPONSORS velop manufacturing processes under the De- Mr. LAUGHLIN, Mr. HUNTER, Mr. Under clause 4 of rule XXII, sponsors fense Production Act of 1950, as amended, HERGER, Mrs. MYRICK, Mr. DICKEY, pursuant to 50 U.S.C. app. 2093(a)(6)(A) (H. Mr. CRAPO, Mr. ISTOOK, Mr. MCKEON, were added to public bills and resolu- Doc. No. 104–249); jointly, to the Committees Mr. HILLEARY, Mr. BURTON of Indi- tions as follows: on Appropriations and Banking and Finan- ana, Mr. COMBEST, Mr. FUNDERBURK, H.R. 26: Mr. STEARNS. cial Services, and ordered to be printed. Mr. BARR, Mr. MCINTOSH, Mr. H.R. 104: Mr. EVANS. 4279. A letter from the Secretary of Trans- METCALF, Mr. COX, Mr. LUCAS, Mr. H.R. 218: Mr. NEUMANN and Mr. LIPINSKI. portation, transmitting a draft of proposed RIGGS, Mr. SAM JOHNSON, and Mr. H.R. 312: Mr. STEARNS. legislation to amend the act of May 13, 1954, HANSEN): H.R. 721: Mr. STEARNS. Public Law 358 (33 U.S.C. 981, et seq.), as H.R. 3862. A bill to amend the Endangered H.R. 878: Ms. PRYCE. amended, to improve the operation, mainte- Species Act of 1973 to clarify the intent of H.R. 1100: Ms. SLAUGHTER. nance, and safety of the St. Lawrence Sea- Congress and ensure that any person having H.R. 1281: Mr. OWENS and Mr. WAXMAN. way, within the territorial limits of the any economic interest that is directly or in- H.R. 1916: Mr. BARR. United States, by establishing the Saint directly harmed by a designation of critical H.R. 2011: Mr. NEAL of Massachusetts, Mr. Lawrence Seaway Development Corporation habitat may bring a citizen’s suit under that BORSKI, Mr. MARTINEZ, Mr. SKAGGS, Mr. as a performance based organization in the act; to the Committee on Resources. OBERSTAR, Ms. NORTON, and Mr. VISCLOSKY. Department of Transportation, and for other By Mr. GOODLING (for himself, Mr. H.R. 2019: Mrs. CHENOWETH. purposes; jointly, to the Committees on GREENWOOD, Mr. MCKEON, Mr. H.R. 2090: Mr. SANFORD. Transportation and Infrastructure, Govern- FATTAH, Mr. FAWELL, Mr. CLINGER, H.R. 2240: Mr. HASTERT. ment Reform and Oversight, and the Budget. and Mr. GEKAS): H.R. 2246: Ms. FURSE. H.R. 3863. A bill to amend the Higher Edu- 4280. A letter from the Assistant Attorney H.R. 2421: Mr. ZELIFF. cation Act of 1965 to permit lenders under General, Department of Justice, transmit- H.R. 2480: Mr. WALSH. the unsubsidized Federal Family Education H.R. 2655: Mr. SHAYS. ting a draft of proposed legislation entitled Loan Program to pay origination fees on be- H.R. 2748: Mr. BARRETT of Wisconsin and the ‘‘Forfeiture Act of 1996’’; jointly, to the half of borrowers; to the Committee on Eco- Mr. LEWIS of Georgia. Committees on the Judiciary, Ways and nomic and Educational Opportunities. Means, Commerce, Resources, and Banking H.R. 2827: Mr. BOUCHER. By Mr. LATOURETTE (for himself, Mr. and Financial Services. H.R. 2912: Mr. FRAZER, Mr. BALDACCI, and CLINGER, Mr. HORN, and Mr. FLANA- Mr. LAFALCE. GAN): H.R. 2962: Mr. DELLUMS and Mr. GREEN of f H.R. 3864. A bill to reform the management Texas. practices of the General Accounting Office, H.R. 2963: Mr. VENTO and Ms. RIVERS. and for other purposes; to the Committee on H.R. 3024: Mr. DE LA GARZA, Mr. HANSEN, REPORTS OF COMMITTEES ON Government Reform and Oversight. Mr. FATTAH, Mr. LIVINGSTON, Mr. SKEEN, Mr. PUBLIC BILLS AND RESOLUTIONS By Mr. TORRICELLI: H.R. 3865. A bill to require the Secretary of TORKILDSEN, Ms. PELOSI, Mr. MONTGOMERY, Under clause 2 of rule XIII, reports of Housing and Urban Development to withhold Mr. THOMPSON, Mr. FUNDERBURK, and Mr. committees were delivered to the Clerk public housing funding from public housing FLANAGAN. for printing and reference to the proper agencies in States that prevent or impede H.R. 3207: Mr. GOODLATTE. calendar, as follows: the eviction of a public housing tenant upon H.R. 3262: Mrs. CHENOWETH. the initial violation of the terms of the ten- H.R. 3393: Mr. DIXON. Mr. HYDE: Committee on the Judiciary. ant’s lease; to the Committee on Banking H.R. 3424: Mr. BRYANT of Texas. H.R. 740. A bill to confer jurisdiction on the and Financial Services. H.R. 3456: Mr. HEINEMAN. U.S. Court of Federal Claims with respect to By Mr. TOWNS (for himself, Mr. H.R. 3460: Mr. LAHOOD. land claims of Pueblo of Isleta Indian Tribe GREENWOOD, and Mr. FRANKS of Con- H.R. 3469: Mr. PAYNE of Virginia. (Rept. 104–694). Referred to the Committee of necticut): H.R. 3477: Mr. MANTON, Mr. DEUTSCH, Mr. the Whole House on the State of the Union. H.R. 3866. A bill to waive temporarily the GONZALEZ, Mr. FRAZER, and Mr. EVANS. Mr. SHUSTER: Committee on Transpor- Medicaid enrollment composition rule for H.R. 3518: Mr. CUMMINGS and Mr. CALVERT. tation and Infrastructure. H.R. 3592. A bill to certain health maintenance organization; to H.R. 3556: Mr. EVANS, Mr. CALVERT, Mr. provide for conservation and development of the Committee on Commerce. MARTINEZ, and Mr. GREEN of Texas. water and related resources, to authorize the By Mr. MICA: H.R. 3558: Mr. RICHARDSON, Mr. GREEN of Secretary of the Army to construct various H. Res. 485. Resolution electing Represent- Texas, Mr. STARK, Mr. FROST, Mr. MILLER of projects for improvements to rivers and har- ative KLUG of Wisconsin, to the Committee California, Ms. LOFGREN, Mr. BRYANT of bors of the United States, and for other pur- on Government and Reform Oversight; con- Texas, Ms. SLAUGHTER, Mr. ACKERMAN, Mr. poses; with an amendment (Rept. 104–695). sidered and agreed to. PETE GEREN of Texas, Mr. FOGLIETTA, Mrs. Referred to the Committee of the Whole By Mr. DOOLITTLE (for himself, Mr. MALONEY, Mr. COLEMAN, Mrs. THURMAN, and House on the State of the Union. DELAY, and Mr. RADANOVICH): Mr. KENNEDY of Massachusetts. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8095

H.R. 3564: Mr. DURBIN, Mr. DINGELL, and PROGRAMS—state and local law enforcement H.R. 3814 Mr. SHAYS. assistance’’, not more than ninety percent of OFFERED BY: MR. GOSS H.R. 3580: Mr. JONES, Mr. CALVERT, Mr. the amount to be allocated to a State under AMENDMENT NO. 25: In title I, in the item WICKER, Mr. LIVINGSTON, and Mr. COOLEY. part Q of title I of the Omnibus Crime Con- relating to ‘‘DEPARTMENT OF JUSTICE— H.R. 3627: Mr. HANSEN. trol and Safe Streets Act of 1968 shall be OFFICE OF JUSTICE PROGRAMS—VIOLENT CRIME H.R. 3645: Mr. ENSIGN, Mr. HORN, Mr. GIL- made available to a State when it is made REDUCTION PROGRAMS, STATE AND LOCAL LAW MAN, Mr. WARD, Mr. PORTER, and Mr. BOEH- known to the Federal official having author- ENFORCEMENT ASSISTANCE’’, after each of the LERT. ity to obligate or expend such funds that first and seventh dollar amounts, insert the H.R. 3647: Mr. STOCKMAN. such State or units of local government in following: ‘‘(increased by $174,250,000)’’. H.R. 3654: Mr. PETERSON of Florida, Mr. such State do not provide a public safety of- In title II, in the item relating to ‘‘DE- BAESLER, Mr. MANTON, Mr. SOLOMON, Mr. ficer (as such term is defined in section 1204 PARTMENT OF COMMERCE—ECONOMIC DE- SANFORD, and Mr. WICKER. of title I of the Omnibus Crime Control and VELOPMENT ADMINISTRATION—ECONOMIC DE- H.R. 3710: Mr. DELLUMS, Mr. STARK, Mr. safe Streets Act of 1968) who is separated VELOPMENT ASSISTANCE PROGRAMS’’, after the OWENS, Mr. EVANS, Mr. BONIOR, Mr. FAZIO of from service due to injury suffered as the di- dollar amount, insert the following: ‘‘(re- California, Mr. DEUTSCH, Mr. FRANK of Mas- rect and proximate result of a personal in- duced by $328,500,000)’’. sachusetts, Mr. MILLER of California, Mr. jury sustained in the line of duty (in re- In title II, in the item relating to ‘‘DE- POSHARD, Mr. MONTGOMERY, and Mr. HORN. sponse to an emergency situation or a hot PARTMENT OF COMMERCE—ECONOMIC DE- H.R. 3714: Mr. TORRES, Mr. ACKERMAN, Mr. pursuit as such terms are defined by State VELOPMENT ADMINISTRATION—SALARIES AND YATES, and Mr. MASCARA. law) with the same or better level of health EXPENSES’’, after the dollar amount, insert H.R. 3724: Mr. STARK and Mrs. LOWEY. insurance benefits that are paid by such the following: ‘‘(reduced by $20,000,000)’’. H.R. 3729: Ms. SLAUGHTER and Mr. HAST- State or unit of local government at time of H.R. 3814 INGS of Florida. separation. OFFERED BY: MR. GOSS UMMINGS H.R. 3746: Mr. C . H.R. 3814 AMENDMENT NO. 26: After title II, insert the H.R. 3753: Mr. DEFAZIO, Mr. GANSKE, Mr. OFFERED BY: MS. FURSE following new title: GUTKNECHT, Mr. MINGE, and Mr. AMENDMENT NO. 22: Page 55, line 4, after TITLE II–A—REVISIONS OF AMOUNTS NETHERCUTT. the dollar amount insert the following: ‘‘(in- FOR DEPARTMENTS OF JUSTICE AND H.R. 3775: Mrs. THURMAN, Mr. WELDON of creased by $19,350,000)’’. COMMERCE Florida, and Mr. ROSE. Page 55, line 14, after the dollar amount in- H.R. 3778: Mr. STOCKMAN. ADDITIONAL AMOUNTS FOR STATE PRISON sert the following: ‘‘(increased by H.R. 3792: Mr. BROWNBACK and Mr. SAN- GRANTS AND REDUCTION OF AMOUNTS FOR $19,350,000)’’. FORD. ECONOMIC DEVELOPMENT ADMINISTRATION Page 56, line 4, after the dollar amount in- H.R. 3794: Mr. SANDERS. The amount provided in title I for ‘‘DE- sert the following: ‘‘(increased by H.R. 3839: Mr. TORKILDSEN, Ms. BROWN of PARTMENT OF JUSTICE—OFFICE OF JUS- $19,350,000)’’. Florida, and Mr. JACKSON of Illinois. TICE PROGRAMS—VIOLENT CRIME REDUCTION Page 56, line 5, after the dollar amount in- H.R. 3856: Mr. PAYNE of Virginia. PROGRAMS, STATE AND LOCAL LAW ENFORCE- sert the following: ‘‘(increased by H.J. Res. 173: Mr. HORN and Ms. GREENE of MENT ASSISTANCE’’ is increased, the portion $19,350,000)’’. Utah. of such amount for ‘‘DEPARTMENT OF Page 56, line 9, after the dollar amount in- JUSTICE—OFFICE OF JUSTICE PROGRAMS— H.J. Res. 174: Mr. HORN, Ms. GREENE of sert the following: ‘‘(increased by Utah, and Mr. STUMP. VIOLENT CRIME REDUCTION PROGRAMS, STATE $4,000,000)’’. AND LOCAL LAW ENFORCEMENT ASSISTANCE’’ H. Con. Res. 175: Mr. TOWNS. Page 56, line 10, after the dollar amount in- H. Con. Res. 191: Mr. SMITH of New Jersey, that is specified under such heading to be for sert the following: ‘‘(increased by Violent Offender Incarceration and Truth in Mr. QUINN, Mr. SPENCE, Mrs. KELLY, Mr. $15,350,000)’’. KENNEDY of Massachusetts, Mr. MEEHAN, Mr. Sentencing Incentive Grants pursuant to Page 84, line 21, after the dollar amount in- subtitle A of title II of the Violent Crime DOOLEY, and Ms. ROYBAL-ALLARD. sert the following: ‘‘(reduced by $19,750,000)’’. H. Con. Res. 196: Mr. HUTCHINSON. Control and Law Enforcement Act of 1994 is Page 103, line 12, after the dollar amount increased, the amount provided in title II for f insert the following: ‘‘(increased by ‘‘DEPARTMENT OF COMMERCE—ECONOMIC $400,000)’’. DELETION OF SPONSORS FROM DEVELOPMENT ADMINISTRATION—ECONOMIC H.R. 3814 PUBLIC BILLS AND RESOLUTIONS DEVELOPMENT ASSISTANCE PROGRAMS’’ is re- OFFERED BY: MS. FURSE duced, and the amount provided in title II Under clause 4 of rule XXII, sponsors AMENDMENT NO. 23: Page 55, line 4, after for ‘‘DEPARTMENT OF COMMERCE—ECO- were deleted from public bills and reso- the dollar amount insert the following: ‘‘(in- NOMIC DEVELOPMENT ADMINISTRATION—SALA- lutions as follows: creased by $6,000,000)’’. RIES AND EXPENSES’’ is reduced, by $339,500,000, $339,500,000, $328,500,000, and H.R. 3467: Ms. DANNER. Page 55, line 14, after the dollar amount in- $11,000,000, respectively. f sert the following: ‘‘(increased by $6,000,000)’’. H.R. 3814 AMENDMENTS Page 56, line 4, after the dollar amount in- OFFERED BY: MR. GOSS sert the following: ‘‘(increased by AMENDMENT NO. 27: After title II, insert the Under clause 6 of rule XXIII, pro- $6,000,000)’’. following new title: posed amendments were submitted as Page 56, line 5, after the dollar amount in- TITLE II–A—REVISIONS OF AMOUNTS follows: sert the following: ‘‘(increased by FOR DEPARTMENTS OF JUSTICE AND H.R. 3814 $6,000,000)’’. COMMERCE Page 56, line 10, after the dollar amount in- OFFERED BY: MR. BROWN OF CALIFORNIA ADDITIONAL AMOUNTS FOR STATE PRISON sert the following: ‘‘(increased by GRANTS AND REDUCTION OF AMOUNTS FOR AMENDMENT NO. 20: Page 56, line 11, after $6,000,000)’’. ECONOMIC DEVELOPMENT ADMINISTRATION the dollar amount insert ‘‘(reduced by Page 84, line 21, after the dollar amount in- 44,099,000)’’. sert the following: ‘‘(reduced by $6,000,000)’’. The amount provided in title I for ‘‘DE- PARTMENT OF JUSTICE—OFFICE OF JUS- Page 56, line 12, after the dollar amount in- H.R. 3814 sert ‘‘(increased by $4,099,000)’’. TICE PROGRAMS—VIOLENT CRIME REDUCTION Page 56, beginning at line 12, after ‘‘Na- OFFERED BY: MR. GOSS PROGRAMS, STATE AND LOCAL LAW ENFORCE- tional Weather Service,’’ insert ‘‘including AMENDMENT NO. 24: In title I, in the item MENT ASSISTANCE’’ is increased, the portion $429,715,000 for Operations and Research, relating to ‘‘DEPARTMENT OF JUSTICE— of such amount for ‘‘DEPARTMENT OF Local Warnings and Forecasts’’. OFFICE OF JUSTICE PROGRAMS—VIOLENT CRIME JUSTICE—OFFICE OF JUSTICE PROGRAMS— Page 56, line 15, after the period add the REDUCTION PROGRAMS, STATE AND LOCAL LAW VIOLENT CRIME REDUCTION PROGRAMS, STATE following: ‘‘No funds made available under ENFORCEMENT ASSISTANCE’’, after each of the AND LOCAL LAW ENFORCEMENT ASSISTANCE’’ this heading may be used for the Great first and seventh dollar amounts, insert the that is specified under such heading to be for Lakes sea lampricide eradication program following: ‘‘(increased by $339,500,000)’’. Violent Offender Incarceration and Truth in administered by the Department of State or In title II, in the item relating to ‘‘DE- Sentencing Incentive Grants pursuant to the Regional Climate Centers of the National PARTMENT OF COMMERCE—ECONOMIC DE- subtitle A of title II of the Violent Crime Weather Service.’’. VELOPMENT ADMINISTRATION—ECONOMIC DE- Control and Law Enforcement Act of 1994 is VELOPMENT ASSISTANCE PROGRAMS’’, after the increased, the amount provided in title II for H.R. 3814 dollar amount, insert the following: ‘‘(re- ‘‘DEPARTMENT OF COMMERCE—ECONOMIC OFFERED BY: MR. DEUTSCH duced by $328,500,000)’’. DEVELOPMENT ADMINISTRATION—ECONOMIC AMENDMENT NO. 21: At the end of the bill, In title II, in the item relating to ‘‘DE- DEVELOPMENT ASSISTANCE PROGRAMS’’ is re- insert after the last section (preceding the PARTMENT OF COMMERCE—ECONOMIC DE- duced, and the amount provided in title II short title) the following new section: VELOPMENT ADMINISTRATION—SALARIES AND for ‘‘DEPARTMENT OF COMMERCE—ECO- SEC. . Of the funds appropriated in this EXPENSES’’, after the dollar amount, insert NOMIC DEVELOPMENT ADMINISTRATION—SALA- Act under the heading ‘‘OFFICE OF JUSTICE the following: ‘‘(reduced by $11,000,000)’’. RIES AND EXPENSES’’ is reduced, by H8096 CONGRESSIONAL RECORD — HOUSE July 22, 1996 $174,250,000, $174,250,000, $328.500,000, and On page 66, line 23, after the dollar amount, Page 95, line 25, after the dollar amount, $20,000,000, respectively. insert the following: ‘‘(reduced by insert the following: ‘‘(increased by H.R. 3814 $12,000,000)’’. $13,000,000)’’. On page 73, line 1, after the dollar amount, OFFERED BY: MR. GUTKNECHT H.R. 3814 insert the following: ‘‘(reduced by AMENDMENT NO. 28: Page 116, after line 2, $14,000,000)’’. OFFERED BY: MRS. SCHROEDER insert the following new section: On page 99, line 14, after the dollar AMENDMENT NO. 39: Page 116, after line 2, SEC. 615. Each amount appropriated or oth- amount, insert the following: ‘‘(increased by insert the following new section: erwise made available by this Act that is not $109,000,000)’’. SEC. 615. The amounts otherwise provided required to be appropriated or otherwise On page 99, line 15, after the dollar by this Act are revised by increasing the made available by a provision of law is here- amount, insert the following: ‘‘(increased by amount made available for ‘‘EQUAL EMPLOY- by reduced by 1.9 percent. $109,000,000)’’. MENT OPPORTUNITY COMMISSION—SALARIES H.R. 3814 On page 103, line 17, after the dollar AND EXPENSES’’, and reducing the amount OFFERED BY: MR. HEFLEY amount, insert the following: ‘‘(reduced by made available for ‘‘DEPARTMENT OF JUS- AMENDMENT NO. 29: After title II, insert the $10,000)’’. TICE—FEDERAL PRISON SYSTEM—SALARIES following new title: On page 103, line 25, after the dollar AND EXPENSES’’, by $13,000,000 and $14,000,000, amount, insert the following: ‘‘(reduced by TITLE II–A—REVISIONS OF AMOUNTS respectively. $25,000,000)’’. FOR DEPARTMENTS OF JUSTICE AND On page 106, line 7, after the dollar amount, H.R. 3814 COMMERCE insert the following: ‘‘(reduced by OFFERED BY: MR. SCHUMER ADDITIONAL AMOUNTS FOR STATE PRISON $25,000,000)’’. AMENDMENT NO. 40: In the item relating to GRANTS AND REDUCTION OF AMOUNTS FOR H.R. 3814 ‘‘DEPARTMENT OF JUSTICE—OFFICE OF ECONOMIC DEVELOPMENT ADMINISTRATION OFFERED BY: MS. NORTON JUSTICE PROGRAMS—VIOLENT CRIME REDUC- The amount provided in title I for ‘‘DE- AMENDMENT NO. 33. At the end of the bill, TION PROGRAMS, STATE AND LOCAL LAW EN- PARTMENT OF JUSTICE—OFFICE OF JUS- insert after the last section (preceding the FORCEMENT ASSISTANCE’’— TICE PROGRAMS—VIOLENT CRIME REDUCTION short title) the following new section: (1) after each of the first and second dollar PROGRAMS, STATE AND LOCAL LAW ENFORCE- SEC. . The amount provided in this Act amounts, insert the following: ‘‘(reduced by MENT ASSISTANCE’’ IS INCREASED, THE PORTION for ‘‘Equal Employment Opportunity Com- $5,000,000)’’; and OF SUCH AMOUNT FOR ‘‘DEPARTMENT OF mission—Salaries and Expenses’’ is in- (2) at the end of such item, insert the fol- JUSTICE—OFFICE OF JUSTICE PROGRAMS— creased, and each other amount provided in lowing: VIOLENT CRIME REDUCTION PROGRAMS, STATE this Act that is not required to be provided In addition, for local firefighter and emer- AND LOCAL LAW ENFORCEMENT ASSISTANCE’’ by a provision of law is reduced, by gency services training grants authorized by that is specified under such heading to be for $13,000,000 and 0.06 percent, respectively. section 819 of the Antiterrorism and Effec- Violent Offender Incarceration and Truth in H.R. 3814 tive Death Penalty Act of 1996 (Pub. L. 104– Sentencing Incentive Grants pursuant to 132; 110 Stat. 1316), $5,000,000. subtitle A of title II of the Violent Crime OFFERED BY: MR. PORTER H.R. 3814 Control and Law Enforcement Act of 1994 is AMENDMENT NO. 34: Page 73, line 1, after increased, the amount provided in title II for the dollar amount, insert the following: ‘‘(re- OFFERED BY: MR. SCHUMER ‘‘DEPARTMENT OF COMMERCE—ECONOMIC duced by $5,000,000)’’. AMENDMENT NO. 41: Page 26, line 20, after DEVELOPMENT ADMINISTRATION—ECONOMIC Page 87, line 13, after the dollar amount, the dollar amount, insert the following: ‘‘(re- DEVELOPMENT ASSISTANCE PROGRAMS’’ is re- insert the following: ‘‘(increased by duced by $20,000,000)’’. duced, and the amount provided in title II $5,000,000)’’. Page 26, line 23, after the dollar amount, for ‘‘DEPARTMENT OF COMMERCE—ECO- H.R. 3814 insert the following: ‘‘(reduced by NOMIC DEVELOPMENT ADMINISTRATION—SALA- OFFERED BY: MR. ROEMER $20,000,000)’’. RIES AND EXPENSES’’ is reduced, by AMENDMENT NO. 35: Page 14, line 16, after Page 30, after line 18, insert the following: $100,000,000, $100,000,000, $164,250,000, and the dollar amount, insert ‘‘(reduced by In addition, (1) for the provision of $10,000,000, respectively. $4,000,000)’’. counterterrorism technology assistance au- H.R. 3814 Page 14, line 21, after the dollar amount, thorized by section 820 of the Antiterrorism OFFERED BY: MR. KENNEDY OF insert ‘‘(reduced by $4,000,000)’’. and Effective Death Penalty Act of 1996 MASSACHUSETTS Page 20, line 10, after the dollar amount, (Pub. L. 104–132), $10,000,000; and (2) for insert ‘‘(reduced by $6,000,000)’’. counterterrorism technology research and AMENDMENT NO. 30: In title I, in the item Page 20, line 12, after the dollar amount, development activities authorized by section relating to ‘‘DEPARTMENT OF JUSTICE— insert ‘‘(reduced by $6,000,000)’’. 821 of such Act, $10,000,000. OFFICE OF JUSTICE PROGRAMS—VIOLENT CRIME Page 20, line 25, after the dollar amount, H.R. 3816 REDUCTION PROGRAMS, STATE AND LOCAL LAW insert ‘‘(reduced by $2,000,000)’’. ENFORCEMENT ASSISTANCE’’, AFTER ‘‘OF WHICH Page 23, line 18, after the dollar amount, OFFERED BY: MR. TRAFICANT $170,000,000 SHALL BE AVAILABLE FOR PAYMENTS insert ‘‘(reduced by $6,600,000)’’. AMENDMENT NO. 42: Page 34, after line 24, TO STATES FOR INCARCERATION OF CRIMINAL Page 55, lines 4 and 14, after the dollar insert the following: ALIENS,’’, INSERT THE FOLLOWING: amount, insert ‘‘(increased by $16,000,000)’’. (c) PROHIBITION OF CONTRACTS WITH PER- of which $42,000,000 shall be available for Page 56, line 12, after the dollar amount, SONS FALSELY LABELING PRODUCTS AS MADE Federal, State, and local drug testing initia- insert ‘‘(increased by $16,000,000)’’. IN AMERICA.—If it has been finally deter- tives, Page 56, line 13, after the dollar amount, mined by a court of Federal agency that any insert ‘‘(increased by $4,600,000)’’. person intentionally affixed a label bearing a H.R. 3814 Page 59, line 11, after the dollar amount, ‘‘Made in America’’ inscription, or any in- OFFERED BY: MS. MOLINARI insert ‘‘(reduced by $2,000,000)’’. scription with the same meaning, to any Amendment No. 31: In title I, at the end of H.R. 3814 the item relating to ‘‘GENERAL PROVISIONS— product sold in or shipped to the United OFFERED BY: MR. SCHIFF DEPARTMENT OF JUSTICE’’, insert the follow- States that is not made in the United States, AMENDMENT NO. 36: Page 25, line 17, after ing new section: the person shall be ineligible to receive any SEC. . It is the sense of the Congress that the dollar amount, insert the following: ‘‘(in- contract or subcontract made with funds the Drug Enforcement Administration, to- creased by $10,000,000)’’. made available in this Act, pursuant to the Page 48, line 7, after the dollar amount, in- gether with other appropriate Federal agen- debarment, suspension, and ineligibility pro- sert the following: ‘‘(reduced by $10,000,000)’’. cies, should take such actions as may be nec- cedures described in sections 9.400 through essary to end the illegal importation into H.R. 3814 9.409 of title 48, Code of Federal Regulations. the United States of Rohypnol OFFERED BY: MR. SCHIFF H.R. 3816 (flunitrazepam), a drug frequently distrib- AMENDMENT NO. 37: Page 25, line 17, after OFFERED BY: MR. GUTKNECHT uted with the intent to facilitate sexual as- the dollar amount, insert the following: ‘‘(in- AMENDMENT NO. 5: Page 36, after line 10, in- sault and rape. creased by $10,000,000)’’. sert the following new section: H.R. 3814 Page 50, line 20, after the dollar amount, insert the following: ‘‘(reduced by SEC. 506. Each amount appropriated or oth- OFFERED BY: MR. MOLLOHAN $5,000,000)’’. erwise made available by this Act that is not AMENDMENT NO. 32. On page 12, line 21, Page 50, line 24, after the dollar amount, required to be appropriated or otherwise after the dollar amount, insert the following: insert the following: ‘‘(reduced by made available by a provision of law is here- ‘‘(reduced by $14,000,000)’’. $5,000,000)’’. by reduced by 1.9 percent. On page 21, line 9, after the dollar amount, H.R. 3816 insert the following: ‘‘(reduced by H.R. 3814 $45,000,000)’’. OFFERED BY: MRS. SCHROEDER OFFERED BY: MR. KLUG On page 53, line 6, after the dollar amount, AMENDMENT NO. 38: Page 21, line 9, after AMENDMENT NO. 6: Page 30, line 3, after the insert the following: ‘‘(reduced by the dollar amount, insert the following: ‘‘(re- dollar amount, insert the following: ‘‘(re- $33,748,000)’’. duced by $14,000,000)’’. duced by $28,500,000)’’. July 22, 1996 CONGRESSIONAL RECORD — HOUSE H8097 H.R. 3816 H.R. 3816 H.R. 3816 OFFERED BY: MR. ROEMER OFFERED BY: MR. KLUG OFFERED BY: MR. ROHRABACHER AMENDMENT NO. 8: Page 17, line 21, strike AMENDMENT NO. 7: Page 34, line 2, after the ‘‘$2,648,000,000’’ and insert in lieu thereof AMENDMENT NO. 10: Page 17, line 21, after dollar amount, insert the following: ‘‘(re- ‘‘$2,638,000,000’’. the dollar amount, insert the following: ‘‘(re- duced by $16,000,000)’’. H.R. 3816 duced by $1,000)’’. Page 34, line 9, strike the colon and all OFFERED BY: MR. ROEMER Page 17, line 23, after the dollar amount, that follow through ‘‘activities’’ on line 12. AMENDMENT NO. 9: Page 17, line 21, strike insert the following: ‘‘(reduced by ‘‘$2,648,000,000’’ and insert in lieu thereof $5,200,000)’’. ‘‘$2,638,400,000’’. 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, JULY 22, 1996 No. 108 Senate

The Senate met at 10 a.m., and was RECOGNITION OF THE ACTING D’Amato amendment No. 4927, to require called to order by the President pro MAJORITY LEADER welfare recipients to participate in gainful community service. tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The Exon (for Simon) amendment No. 4928, to able chairman of the Budget Commit- increase the number of adults and to extend tee, Senator DOMENICI, is recognized. the period of time in which educational PRAYER f training activities may be counted as work. The Chaplain, Dr. Lloyd John Feinstein-Boxer amendment No. 4929, to SCHEDULE provide that the ban on supplemental secu- Ogilvie, offered the following prayer: Mr. DOMENICI. This morning the rity income benefits apply to those aliens en- God of all nations, Lord of all life, we Senate will immediately resume con- tering the country on or after the enactment of this bill. thank You that You place within all of sideration of the reconciliation bill Chafee amendment No. 4931, to maintain us the pursuit of excellence. The long- until the hour of 2 p.m. Any Senator current eligibility standards for Medicaid ing to be our best is stirred in us as we still intending to offer an amendment and provide additional State flexibility. watch the creative competition of the to that bill must do so prior to that Roth amendment No. 4932 (to amendment Olympics in Atlanta. It is inspiring to time. Under the consent agreement No. 4931), to maintain the eligibility for Med- icaid for any individual who is receiving see men and women press the limits as reached on Friday, all previously or- dered votes on amendments as well as Medicaid based on their receipt of AFDC, they go for the gold. Whether it is the foster care or adoption assistance, and to 100-meter short run for lasting fame, or votes ordered today will begin at 9:30 provide transitional Medicaid for families a.m. tomorrow morning. No rollcall the daring high dive with no splash, we moving from welfare to work. votes will occur today. However, all Chafee amendment No. 4933 (to amendment look on with renewed desire to live at Senators should be notified that there No. 4931), to maintain current eligibility full potential in our own responsibil- will be a lengthy series of rollcall votes standards for Medicaid and provide addi- ities and relationships. We admire the on Tuesday morning. Also, at 2 o’clock tional State flexibility. dedication, the sacrifice, the indefati- today the Senate will begin the Agri- Conrad amendment No. 4934, to eliminate the State food assistance block grant. gable practice, the mastery, the joy of culture appropriations bill, and once Santorum (for Gramm) amendment No. the Olympic athletes. Today we join again any votes ordered in relation to 4935, to deny welfare benefits to individuals the Nation in cheering Tom Dolan’s that bill will occur following the convicted of illegal drug possession, use or gallant victory over physical limita- stacked votes at 9:30 a.m. tomorrow distribution. tions to win the swimming 400-meter morning. Graham amendment No. 4936, to modify the formula for determining a State family f individual medley. assistance grant to include the number of Then we wonder about our own dis- PERSONAL RESPONSIBILITY, children in poverty residing in a State. cipline in prayer, spiritual growth, and WORK OPPORTUNITY, AND MED- Helms amendment No. 4930, to strengthen food stamp work requirements. character development. What could ICAID RESTRUCTURING ACT OF Graham (for Simon) amendment No. 4938, happen in our lives if we had the com- 1996 to preserve eligibility of immigrants for pro- mitment of these runners, gymnasts, The PRESIDENT pro tempore. The grams of student assistance under the Public swimmers, and team players have to clerk will report the bill. Health Service Act. The legislative clerk read as follows: Shelby amendment No. 4939, to provide a their sport and their nation. Today we refundable credit for adoption expenses and want to run the race of our lives, A bill (S. 1956) to provide for reconciliation to exclude from gross income employee and stretching every part of our being to- pursuant to section 202(a) of the concurrent military adoption assistance benefits and resolution on the budget for the fiscal year withdrawals from IRA’s for certain adoption ward the high calling of serving You 1997. with excellence in our work in Govern- expenses. The Senate resumed consideration of Mr. DOMENICI. Mr. President, let me ment. Bless the men and women of this the bill. summarize where we are for Senators Senate and all of us called to work Pending: and staffers. We have used approxi- with them as we make this a day to go Faircloth amendment No. 4905, to prohibit mately 16 of the 20-hour statutory for the gold of glorifying You with all recruitment activities in SSI outreach pro- time. Amendments can be offered and the intellect of our minds, the passion grams, demonstration projects, and other ad- debated today between 10 a.m. and 2 ministrative activities. of our hearts, and the strength of our Harkin amendment No. 4916, to strike sec- p.m. The amendments have to be on souls. Through our Lord and Savior. tion 1253, relating to child nutrition require- the general list of amendments agreed Amen. ments. to last Thursday.

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

S8395 S8396 CONGRESSIONAL RECORD — SENATE July 22, 1996 As of today, we will have disposed of use Federal block grant funds to pro- reform policy, the Governors did not take a over 23 amendments. We have had 10 vide noncash assistance after adults on position on the provisions related to benefits rollcall votes and 13 voice votes. As of welfare have reached their 5-year limit. for immigrants, and NGA will not be making If you favor State flexibility, you recommendations on amendments in these Friday night, we have 15 amendments areas. As you mark up S. 1795, NGA urges pending for possible votes beginning to- should support this amendment. Some you to consider the following recommenda- morrow at 9:30, and we could add to supporters of this bill have said State tions based on the policy statement of the that list today as many as another 19 flexibility is one of their top priorities, nation’s Governors on welfare reform. amendments. I am not saying we will, yet on this issue the bill is less flexible THE GOVERNORS URGE YOU TO SUPPORT THE but we could if all of those remaining than H.R. 4. We say send this welfare FOLLOWING AMENDMENTS: on the agreed-on list that we agreed on reform back to the States, but yet we Support the amendment to permit states Thursday night are offered today. So it say: States, do it the way we tell you to count toward the work participation rate is possible that beginning tomorrow we to do it. That is not flexibility for the calculation those individuals who have left could have as many as 34 rollcall votes States. welfare for work for the first six months that The National Governors’ Association they are in the workforce (Breaux). The Gov- but certainly at least 20, not counting ernors believe states should receive credit in final passage. supports this amendment. This amend- the participation rate for successfully mov- It is my understanding that the dis- ment does not increase the cost of the ing people off of welfare and into employ- tinguished Senator from Kentucky bill, nor add to the deficit. It deals ment, thereby meeting one of the primary [Mr. FORD], is first. It is on that side. with how the Federal block grant funds goals of welfare reform. This will also pro- The PRESIDENT pro tempore. The allocated to each State may be used. vide states with an incentive to expand their distinguished Democratic whip is rec- And so, Mr. President, in a letter dated job retention efforts. June 26, 1996, the National Governors’ Support the amendment that applies the ognized. time limit only to cash assistance (Breaux). AMENDMENT NO. 4940 Conference urged support for an S. 1795 sets a sixty-month lifetime limit on (Purpose: To allow States the option to pro- amendment to apply the time limit in any federally funded assistance under the vide non-cash assistance to children after the bill only to cash assistance. block grant. This would prohibit states from the 5-year time limit, as provided in report I ask unanimous consent that a copy using the block grant for important work No. 104–430 (the conference report to H.R. 4 of this letter be printed in the RECORD. supports such as transportation or job reten- as passed during the lst session of the 104th There being no objection, the letter tion counseling after the five-year limit. Congress)) was ordered to be printed in the Consistent with the NGA welfare reform pol- icy, NGA urges you to support the Breaux Mr. FORD. Mr. President, I send an RECORD, as follows: amendment to the desk and ask for its amendment that would apply the time limit NATIONAL GOVERNORS ASSOCIATION, only to cash assistance. immediate consideration. Washington, DC, June 26, 1996. Support the amendment to restore funding The PRESIDENT pro tempore. The SENATE FINANCE COMMITTEE, for the Social Service Block Grant (Rocke- clerk will report. U.S. Senate, Washington, DC. feller). This amendment would limit the cut The legislative clerk read as follows: DEAR FINANCE COMMITTEE MEMBER: The na- in the Social Services Block Grant (SSBG) tion’s Governors appreciate that S. 1795, as The Senator from Kentucky [Mr. FORD] to 10 percent rather than 20 percent. States proposes an amendment numbered 4940. introduced, incorporated many of the Na- use a significant portion of their SSBG funds tional Governors’ Association’s (NGA) rec- Mr. FORD. Mr. President, I ask unan- for child care for low-income families. Thus, ommendations on welfare reform. NGA hopes the additional cut currently contained in S. imous consent that reading of the that Congress will continue to look to the 1795 negates much of the increase in child amendment be dispensed with. Governors’ bipartisan efforts on a welfare re- care funding provided under the bill. The PRESIDENT pro tempore. With- form policy and build on the lessons learned Support technical improvements to the out objection, it is so ordered. through a decade of state experimentation in contingency fund (Breaux). Access to addi- The amendment is as follows: welfare reform. tional matching funds is critical to states However, upon initial review of the Chair- On page 250, line 4, insert ‘‘cash’’ before during periods of economic recession. NGA man’s mark, NGA believes that many of the ‘‘assistance’’. supports two amendments proposed by Sen- changes contained in the mark are con- ator Breaux. One clarifies the language re- Mr. FORD. Mr. President, this is an tradictory to the NGA bipartisan agreement. lating to maintenance of effort in the contin- amendment that I think could almost The mark includes unreasonable modifica- gency fund and another modifies the fund so be accepted. Although we could not tions to the work requirement, and addi- states that access the contingency fund dur- agree on the Breaux amendment of last tional administrative burdens, restrictions ing only part of the year are not penalized week regarding noncash assistance for and penalties that are unacceptable. Gov- with a less advantageous match rate. children, I hope we can agree on this ernors believe these changes in the Chair- Support the amendment to extend the 75 man’s mark greatly restrict state flexibility one. One of the reasons welfare reform percent enhanced match rate through fiscal and will result in increased, unfunded costs 1997 for statewide automated child welfare is so complicated is that it is usually for states, while at the same time undermin- information systems (SACWIS), (Chafee, hard to separate the adults on welfare ing states ability to implement effective wel- Rockefeller). Although not specifically ad- from the children. Many want to get fare reform programs. These changes threat- dressed in the NGA policy, this extension is tougher on the adults, especially those en the ability of Governors to provide any important for many states that are trying to who have been on welfare for a long pe- support for the revised welfare package, and meet systems requirements that will riod of time. But I do not hear anyone may, in fact, result in Governors opposing strengthen their child welfare and child pro- who says get tougher on children. This the bill. tection efforts. As you mark up the welfare provisions of Governors urge you to oppose amendments amendment separates those issues be- S. 1795, the Personal Responsibility and or revisions to the Chairman’s mark that cause it is about how we as a Nation Work Opportunity Act of 1996, NGA strongly would limit state flexibility, create unrea- are ultimately responsible for the wel- urges you to consider the recommendations sonable work requirements,impose new man- fare of our children. contained in the welfare reform policy dates, or encroach on the ability of each Under the Republican bill, after 5 adopted unanimously by the nation’s Gov- state to direct resources and design a welfare years, States may not use any Federal ernors in February. Governors believe that reform program to meet its unique needs. block grant money to assist families these changes are needed to create a welfare In the area of work, Governors strongly op- pose any efforts to increase penalties, in- whatsoever. This applies to cash and reform measure that will foster independ- ence and promote responsibility, provide crease work participation rates, further re- noncash benefits as well. The current adequate support for families that are en- strict what activities count toward the work bill goes much further than H.R. 4, gaged in work, and accord states the flexibil- participation rate or change the hours of which passed Congress last year and ity and resources they need to transform work required. The Governors’ policy in- was vetoed by the President. In my welfare into a transitional program leading cluded specific recommendations in these view, this makes the bill much tougher to work. areas, many of which were subsequently in- on children. H.R. 4 prohibited cash as- Below is a partial list of amendments that corporated into S. 1795, as introduced. The sistance after 5 years. It did not pro- may be offered during the committee mark- recommendations reflect a careful balancing up and revisions included in the Chairman’s of the goals of welfare reform, the availabil- hibit noncash assistance like vouchers mark that are either opposed or supported ity of resources, and the recognition that that could be used for clothing or medi- by NGA. This list is not meant to be exhaus- economic and demographic circumstances cine or other needs of our children. tive, and there may be other amendments or differ among states. Imposing any additional My amendment makes this bill iden- revisions of interest or concern to Governors limitations or modifications to the work re- tical to H.R. 4 by allowing States to that are not on this list. In the NGA welfare quirements would limit state flexibility. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8397

THE GOVERNORS URGE YOU TO OPPOSE THE FOL- THE GOVERNORS URGE YOU TO OPPOSE THE FOL- welfare to work, encourages responsibility, LOWING AMENDMENTS OR REVISIONS IN THE LOWING AMENDMENTS OR REVISIONS IN THE and protects children. The Administration AREA OF WORK CHAIRMAN’S MARK IN THESE ADDITIONAL sent to Congress a stand-alone welfare bill Oppose the revision in the Chairman’s AREAS that requires welfare recipients to work, im- poses strict time limits on welfare, toughens mark to increase the number of hours of Oppose the revision in the Chairman’s child support enforcement, is fair to chil- work required per week to thirty-five hours mark to increase the maintenance-of-effort dren, and is consistent with the President’s in future years. NGA’s recommendation that requirement above the 75 percent in the cash commitment to balance the budget. the work requirement be set at twenty-five assistance block grant or further narrow the definition of what counts toward mainte- The Administration is also pleased that hours was incorporated into S. 1795. Many the bill makes many of the important im- states will set higher hourly requirements, nance-of-effort. Oppose the revisions in the Chairman’s provements to H.R. 4 that we rec- but this flexibility will enable states to de- ommended—improvements that were also in- sign programs that are consistent with local mark that increase state plan requirements and include additional state penalties. cluded in the bipartisan National Governors’ labor market opportunities and the avail- Association and Castle-Tanner proposals. We ability of child care. Oppose the amendment to limit hardship exemption to 15 percent (Gramm). NGA pol- urge the Committee to build upon these im- Oppose the revision in the Chairman’s icy supports the current provision in S. 1795, provements. At the same time, however, the mark to decrease to four weeks the number as introduced, that allows states to exempt Administration is deeply concerned about of weeks that job search can count as work. up to 20 percent of their caseload from the certain provisions of H.R. 3734 that would ad- NGA supports the twelve weeks of job search five-year lifetime limit on benefits. versely affect benefits for food stamp house- contained in S. 1795, as introduced. Job Oppose the amendment to mandate that holds and legal immigrants, as well as with search has proven to be effective when an in- states provide in-kind vouchers to families the need for strong State accountability and dividual first enters a program and also after after a state or federal time limit on benefits flexibility. And, the bill would still raise the completion of individual work compo- is triggered (Breaux, Moseley-Braun). NGA taxes on millions of working families by cut- nents, such as workfare or community serv- believes that states should have the option ting the Earned Income Tax Credit (EITC). ice. A reduction to four weeks would limit to provide non-cash forms of assistance after IMPROVEMENTS CONTAINED IN H.R. 3734 state flexibility to use this cost-effective the time limit, but they should not be man- We appreciate the Committees’ efforts to strategy to move recipients into work. dated to do so. strengthen provisions that are central to Oppose the revision in the Chairman’s Oppose the provision in the Chairman’s work-based reform, such as child care, and to mark to increase the work participation mark to restrict the transferability of funds provide some additional protections for chil- rates. NGA opposes any increase in the work out of the cash assistance block grant to the dren and families. In rejecting H.R. 4, the participation rates above the original S. 1795 child care block grant only. The Governors President singled out a number of provisions requirements. Many training and education believe that it is appropriate to allow a that were tough on children and did too lit- activities that are currently counted under transfer of funds into the foster care pro- tle to move people from welfare to work. JOBS will not count toward the new work re- gram or the Social Services Block Grant. H.R. 3734 includes important changes to quirements. Consequently, states will face Oppose a family cap mandate in the Chair- these provisions that move the legislation the challenge of transforming their current man’s mark. NGA supports a family cap as closer to the President’s vision of true wel- JOBS program into a program that empha- an option, rather than a mandate, to pro- fare reform. We are particularly pleased with sizes quick movement into the labor force. hibit benefits to additional children born or the following improvements: An increase in the work rates will result in conceived while the parent is on welfare. Child Care. As the President has insisted increased costs to states for child care and Governors urge you to consider the above throughout the welfare reform debate, child work programs. recommendations. care is essential to move people from welfare Oppose the revision in the Chairman’s Sincerely, to work. The bill reflects a better under- mark to increase penalties for failure to RAYMOND C. SCHEPPACH. standing of the child care resources that meet the work participation requirements. Mr. FORD. The administration sup- States will need to implement welfare re- The proposed amendment to increase the ports this amendment, Mr. President. form, adding $4 billion for child care above penalty by 5 percent for each consecutive In a letter dated July 16, 1996, the act- the level in H.R. 4. The bill also recognizes failure to meet the work rate is unduly that parents of school-age children need harsh, particularly given the stringent na- ing OMB Director urges the adoption of child care in order to work and protect the ture of the work requirements. Ironically, voucher language that protects chil- health and safety of children in care. the loss of block grant funds due to penalties dren. Food Stamps. The bill removes the annual will make it even more difficult for a state I ask unanimous consent that a copy spending cap on Food Stamps that was in- to meet the work requirements. of this letter be printed in the RECORD. cluded in H.R. 4, preserving the program’s Oppose the amendment requiring states to There being no objection, the letter ability to expand during periods of economic count exempt families in the work participa- was ordered to be printed in the recession and help families when they are most in need. tion rate calculation (Gramm). This amend- RECORD, as follows: ment would retain the state option to ex- Child Nutrition. The bill no longer includes EXECUTIVE OFFICE OF THE PRESI- empt families with children below age one the H.R. 4 provisions for a child nutrition DENT, OFFICE OF MANAGEMENT from the work requirements but add the re- block-grant demonstration, which would AND BUDGET, quirement that such families count in the have undermined the program’s ability to re- Washington, DC, July 16, 1996. denominator for purposes of determining the spond automatically to economic changes Hon. JOHN R. KASICH, work participation rate. This penalizes and maintain national nutrition standards. Chairman, Committee on the Budget, U.S. states that grant the exemption, effectively Child Protection. We commend the Com- House of Representatives, Washington, DC. eliminating this option. The exemption in S. mittee for preserving the open-ended nature DEAR MR. CHAIRMAN: I am writing to trans- 1795 is an acknowledgment that child care of Title IV–E foster care and adoption assist- mit the Administration’s views on the wel- ance programs, current Medicaid coverage of costs for infants are very high and that there fare provisions of H.R. 3734, the ‘‘Welfare and often is a shortage of infant care. eligible children, and the national child data Medicaid Reform Act of 1996.’’ We under- collection initiative. Oppose the amendment to increase work stand that the Rules Committee plans to Supplemental Security Income (SSI). The hours by ten hours a week for families re- separate the welfare and Medicaid portions bill removes the proposed two-tiered benefit ceiving subsidized child care (Gramm). This of the bill and consider only the welfare pro- system for disabled children receiving SSI amendment would greatly increase child visions on the House floor. that was included in H.R. 4, and retains full care costs as well as impose a higher work We are pleased that the Congress has de- cash benefits for all eligible children. requirement on families with younger chil- cided to separate welfare reform from a pro- Work Performance Bonus. We commend dren, because families with other children— posal to repeal Medicaid’s guarantee of the Committee for giving states an incentive particularly teenagers—are less likely to health care for the elderly, poor, pregnant to move people from welfare to work by pro- need subsidized child care assistance. and people with disabilities. We hope that re- viding $1 billion in work performance bo- Oppose the revision in the Chairman’s moving this ‘‘poison pill’’ from welfare re- nuses by 2003. This provision is an important mark to exempt families with children below form is a breakthrough that indicates that element of the Administration’s bill, and age eleven. S. 1795, as introduced, prohibits the Congressional leadership is serious about will help change the culture of the welfare states from sanctioning families with chil- passing bipartisan welfare reform this year. office. dren below age six for failure to participate It is among the Administration’s highest Contingency Fund. The bill adopts the Na- in work if failure to participate was because priorities to achieve bipartisan welfare re- tional Governors Association (NGA) rec- of a lack of child care. This revision would form reflecting the principles of work, fam- ommendation to double the size of the Con- raise the age to eleven. NGA is concerned ily, and responsibility. For the past three tingency Fund to $2 billion, and add a more that this revision effectively penalizes states and a half years, the President has dem- responsive trigger based on the Food Stamp because they still would be required to count onstrated his commitment to enacting real caseload changes. Further steps the Congress these individuals in the denominator of the welfare reform by working with Congress to should take to strengthen this provision are work participation rate. create legislation that moves people from outlined below. S8398 CONGRESSIONAL RECORD — SENATE July 22, 1996 Hardship Exemption. We commend the ministration opposes provisions that do not We strongly support the bipartisan welfare Committee for following the NGA rec- guarantee continued Medicaid eligibility reform initiatives from moderate Repub- ommendation and the Senate-passed welfare when States change AFDC rules. Specifi- licans and Democrats in both Houses of Con- reform bill by allowing states to exempt up cally, we are concerned that families who gress. The Castle-Tanner proposal addresses to 20% of hardship cases that reach the five- reach the 5 year time limit or additional many of our concerns, and it would strength- year time limit. children born to families that are already re- en State accountability efforts, welfare to We remain pleased that Congress has de- ceiving assistance could lose their Medicaid work measures, and protections for children. cided to include central elements of the eligibility and would be unable to receive the It provides a foundation on which this Com- President’s approach—time limits, work re- health care services that they need. mittee should build in order to provide more quirements, the toughest possible child sup- Protection in Economic Downturn. Al- State flexibility, incentives for AFDC recipi- port enforcement, requiring minor mothers though the contingency fund is twice the ents to move from welfare to work; more pa- to live at home as a condition of assistance— size of that contained in the vetoed bill, it rental responsibility; and protections for in this legislation. still does not allow for further expansions children. It is a good strong bill that would The Administration strongly supports sev- during poor economic conditions and periods end welfare as we know it. Castle-Tanner eral provisions included in S. 1795, as re- of increased need. We are also concerned provides the much needed opportunity for a ported by the Senate Finance Committee. about provisions that reduce the match rate real bipartisan compromise and should be These provisions include: allowing transfers on contingency funds for states that access the basis for a quick agreement between the only to the child care block grant, increasing the fund for periods of less than one year. parties. the maintenance of effort requirement with State Maintenance of Effort. Under H.R. The President stands ready to work with a tightened definition of what counts toward 3437, States could reduce the resources they the Congress to address the outstanding con- this requirement, improving the fair and eq- provide to poor children. We are deeply con- cerns so that we can enact a strong biparti- uitable treatment and enforcement lan- cerned that the bill provides the proposed san welfare reform bill to replace the current guage, and eliminating the child protection cash assistance block grant with transfer au- system with one that demands responsibil- block grant. We urge the Congress to include thority to the Social Services Block ity, strengthens families, protects children, these provisions in H.R. 3734. Grant(SSBG). Transfers to SSBG could lead and gives States broad flexibility and the needed resources to get the job done. KEY CONCERNS WITH H.R. 3734 States to substitute Federal dollars for State dollars in an array of State social services Sincerely, The Administration however remains deep- activities, potentially cutting the effective JACOB J. LEW, ly concerned that the bill still lacks other State maintenance of effort levels required Acting Director. important provisions that have earned bipar- for the cash block grant. Mr. FORD. As I have stated, my tisan endorsement. Resources for Work. Based on Congres- amendment makes the bill identical to Size of the cuts. The welfare provisions in- sional Budget Office (CBO) estimates, H.R. corporate most of the cuts that were in the H.R. 4. If we are serious about passing 3734 would leave states with a $9 billion a welfare reform bill acceptable to both vetoed bill—$59 billion over 6 years (includ- shortfall over six years in resources for work ing the EITC and related savings in Medic- if they maintained their current level of cash the Congress and the administration, aid) over six years. These cuts far exceed assistance. Morever, the Economic and Edu- why should we allow this bill to be those proposed by the NGA or the Adminis- cational Opportunity Committee increased even tougher on children than H.R. 4 tration. Cuts in Food Stamps and benefits to this shortfall and cut State flexibility by which the President vetoed? legal immigrants are particularly deep. The raising the weekly number of hours that Mr. President, the American Public President’s budget demonstrates that cuts of States must place recipients in work activi- Welfare Association also supports this this size are not necessary to achieve real ties and increasing the participation rates. welfare reform, nor are they needed to bal- amendment. I ask unanimous consent The Economic and Educational Opportuni- that a copy of a June 26, 1996, letter ance the budget. ties amendments would also create a short- Food Stamps. The Administration strongly from APWA be printed in the RECORD. fall in child care funding. As CBO has noted, There being no objection, the letter opposes the inclusion of a Food Stamp block most states would probably accept block grant, which has the potential to seriously grant penalties rather than meet the bill’s was ordered to be printed in the undermine the Federal nature of the pro- participation rates and truly refocus the sys- RECORD, as follows: gram, jeopardizing the nutrition and health tem on work. AMERICAN PUBLIC of millions of children, working families, and Vouchers. The bill actually reduces State WELFARE ASSOCIATION, the elderly, and eliminating the program’s flexibility by prohibiting States from using Washington, DC, June 26, 1996. ability to respond to economic changes. The block grant funds to provide vouchers to DEAR SENATOR: As the Senate Finance Administration is also concerned that the children whose parents reach the time limit. Committee considers amendments to S. 1795, bill makes deep cuts in the Food Stamp pro- H.R. 4 contained no such prohibition, and the the Personal Responsibility and Work Oppor- gram, including a cut in benefits to house- NGA opposes it. We strongly urge the adop- tunity Act of 1996, the American Public Wel- holds with high shelter costs that dispropor- tion of the voucher language that protects fare Association (APWA) urges your commit- tionately affects families with children, and children similar to that in the Administra- ment to increased state flexibility in the de- a four-month time limit on childless adults tion’s bill and Castle-Tanner. sign and implementation of welfare pro- who are willing to work, but are not offered Worker Displacement. We are deeply con- grams in light of the promising reform ef- a work slot. cerned that the bill does not include ade- forts underway in states throughout the Legal Immigrants. The bill retains the ex- quate protections against worker displace- country. Listed below are amendments that cessively harsh and uncompromising immi- ment. Workers are not protected from par- may be offered during the Committee’s con- gration provisions of last year’s vetoed bill. tial displacement such as reduction in hours, sideration of S. 1795. In accordance with the While we support the strengthening of re- wages, or benefits, and the bill does not es- policies adopted by the APWA, we urge your quirements on the sponsors of legal immi- tablish any avenue for displaced employees support or opposition to the following grants applying for SSI, Food Stamps, and to seek redress. amendments: AFDC, the bill bans SSI and Food Stamps for Family Caps. The House bill reverts back AMENDMENTS TO SUPPORT virtually all legal immigrants, and imposes a to the opt-out provision on family caps Calculation of Work Participation Rate five-year ban on all other Federal programs, which would restrict State flexibility in this (Breaux): An amendment to count clients including non-emergency Medicaid, for new area. The Administration, as well as NGA, who leave welfare for work in the work par- legal immigrants. These bans would even seeks complete State flexibility to set fam- ticipation rate calculation. States would be cover legal immigrants who become disabled ily cap policy. permitted to count their participation for after entering the country, families with EITC. The Administration opposes the pro- the first 6 months they are engaged in at children, and current recipients. The bill visions in H.R. 3734 that increase the EITC least 25 hours of work per week in a private would deny benefits to 0.3 million immigrant phase-out rates thereby raising taxes on sector job. APWA strongly supports this children and would affect many more chil- more than four million low-income working amendment to credit states with success- dren whose parents are denied assistance. families, with seven million children. In ad- fully moving welfare clients off welfare and The proposal unfairly shifts costs to States dition, the budget resolution instructs the into private sector employment. with high numbers of legal immigrants. In revenue committees to cut up to $18.5 billion Child Welfare Information Systems addition, the bill requires virtually all Fed- more from the EITC. Thus, EITC cuts could (Chafee/Rockefeller): An amendment to ex- eral, State, and local benefits programs to total over $2 billion, and such large increases tend the enhanced match rate of 75% for fed- verify recipients’ citizenship or alien status. on working families are particularly ill-con- eral fiscal year 1997 for the statewide auto- These mandates would create significant ad- ceived when considered in the context of real mated child welfare information systems ministrative burdens for State, local, and welfare reform—that is, encouraging work (SACWIS). APWA strongly supports contin- non-profit service providers, and barriers to and making work pay. ued funding for SACWIS systems which are participation for citizens. We are also concerned that the bill repeals critical to improving child welfare services. Medical Assistance Guarantee. Even after the Family Preservation and Support pro- Title XX Reductions (Rockefeller): An the proposed removal of the Medicaid rec- gram, which may mean less State spending amendment to reduce the proposed 20 per- onciliation provisions from H.R. 3734, the Ad- on abuse and neglect prevention activities. cent cut in the Social Services Block Grant July 22, 1996 CONGRESSIONAL RECORD — SENATE S8399 (Title XX) to 10 percent. APWA urges the families count for purposes of determining their backs, and food in their stom- adoption of this amendment to reduce cuts the work participation rate. APWA opposes achs. in the Title XX Block Grant which states use this amendment because it would exempt If we fail to pass this amendment, to provide critical supportive work and fam- single adults from work requirements, yet fi- the children who become trapped in ily services. nancially penalizes states for failure to meet lives of mediocrity or fall through the AMENDMENTS TO SUPPORT the bills work participation rates. Work Requirement (Gramm): An amend- cracks to obscurity will belong to us as Contingency Fund (Breaux): An amend- ment to increase the work requirement on well. ment to clarify the calculation of state families if they receive federally funded Mr. President, I ask unanimous con- maintenance of effort in the contingency child care assistance by: 1) 10 additional sent a letter from my Governor in Ken- fund. APWA strongly supports this clarifica- hours a week for a single parents and b) 30 tion of qualified state expenditures for the tucky, who is now part of the leader- hours per week for the nonworking spouse in purpose of calculating state maintenance of ship of the National Governors’ Asso- a two-parent family. APWA opposes this effort. ciation, supporting this amendment be amendment because it fails to recognize the Contingency Fund (Breaux): An amend- printed in the RECORD at this point. additional funds required for placement, ment to modify the contingency fund to pro- There being no objection, the letter child care and other supportive work serv- vide that states which access contingency ices needed to meet increased work require- was ordered to be printed in the fund during only part of the year are not pe- ments. RECORD, as follows: nalized. APWA strongly supports this Paternity Establishment (Gramm): An COMMONWEALTH OF KENTUCKY, amendment to ensure that states do not amendment to strengthen the requirements OFFICE OF THE GOVERNOR, have their federal match rate for contin- for paternity establishment as a condition Frankfort, KY, July 18, 1996. gency funds reduced if these states only re- for receiving benefits, with a state option to Hon. WENDELL FORD, quire funds for part of the year. exempt as much as 25% of the population. Russell Senate Office Building, Washington, Child Welfare Services (Chafee): An amend- APWA believes states should have the option DC. ment to retain current law that makes alien to impose this requirement, but it should not DEAR SENATOR FORD: As the Senate begins children, who do not qualify for AFDC, eligi- be a mandate. its welfare debate this week, I understand ble for IV–E foster care and adoption assist- Hardship Exemption (Gramm): An amend- you plan to offer an amendment that would ance if they meet the other eligibility re- ment to limit the hardship exemption from allow states to use federal block grant funds quirements. APWA policy supports current the five year lifetime time limit to 15 per- to provide non-cash assistance to the chil- law for Title IV–E or its optional block grant cent from the 20 percent exemption in S. dren of welfare families, after a family has proposal for this program. Consistent with 1795. APWA supports the hardship exemption reached the proposed five-year lifetime limit this policy, APWA supports retaining this of at least 20 percent of the entire caseload. on benefits. I am writing to offer my full particular provision in current law that has Thank you for your consideration of these support of that amendment. been omitted in the bill. APWA positions. If you have any questions, Welfare has always been a federal-state Five Year Time Limit (Breaux): An amend- please feel free to contact me or Elaine Ryan partnership and responsibility. The federal ment to provide states with the flexibility to at (202) 682–0100. government must continue to assist states’ use Temporary Assistance to Needy Family Sincerely, efforts to support children of welfare par- (TANF) block grant funds as in-kind assist- A. SIDNEY JOHNSON III, ents. To abandon these children after any ance to children of families which have Executive Director. amount of time is a horrible breach of this reached the 5 year lifetime time limit. Mr. FORD. Mr. President, we can partnership and adds up to nothing but an AMENDMENTS TO OPPOSE keep the restriction on cash assistance over-burdensome unfunded mandate on the states. As a nation, we have committed our- Work Exemption (Conrad): An amendment after 5 years, but let us not take a step to exempt single parents with children under selves to protecting the lives and well-being age 11 who cannot find child care from the backward and prohibit all forms of of the innocent. In this case, we are talking penalties for refusing to meet work require- noncash assistance. This prohibition is about the most innocent of all—our children. ments. APWA opposes this amendment be- aimed directly at our children, and I Any welfare reform legislation must in- cause it would exempt single adults from think it is misguided. clude provisions to move recipients to work. work requirements, yet financially penalizes If we want a welfare reform com- I support a tough and responsible approach states for failure to meet the bills work par- promise, if we want to avoid being un- that makes welfare recipients work and ticipation rates. urges them to move off the program. How- necessarily harsh on our children, if we ever, any welfare reform must also continue Increased Hours of Work (Pressler): An want to maximize State flexibility, we amendment to increase hours of work re- to provide a safety net for those recipients’ quired per week. APWA opposes this amend- should pass this amendment. It is sup- children. These children have no control over ment because it fails to provide additional ported by the National Governors’ As- the direction of their young lives. funds for the provision of child care services sociation, and it makes the bill iden- It is also conceivable that in a span of 20– needed to meet increased hours of work. tical to H.R. 4, which passed the Con- 30 years, a hard working family trying to carry their own weight in our society and AMENDMENTS TO OPPOSE gress last year. It does not add to the cost of the bill and it promotes State provide for their families could fall on hard Decreased Job Search (Pressler): An times during downturns in the economy. It amendment to decrease the number of weeks flexibility. would be particularly unfortunate to punish job search activities can count towards the During the conference last year, the these families who are attempting to con- work participation rate. APWA supports job Governors lobbied hard for this par- tribute to society but who from time to time search as a valid work activity that should ticular amendment. I know none of my need limited assistance. count toward work participation. colleagues take these decisions lightly, Therefore, I fully support your amendment Increase work participation rate (Pressler): but I hope you will remember that each to insure the federal government does not An amendment to increase work participa- one of us will be forever wedded to shirk its responsibility to our children and tion rates contained in the bill. APWA op- lay an inappropriate fiscal burden on the poses this amendment because it fails to pro- these decisions. We are essentially pro- states. You will find that other governors vide additional funds for placement, child viding a road map for the future, the across the nation will also support this ac- care and other supportive work services futures of hundreds of thousands of tion. The National Governors’ Association, needed to meet increased work participation children in this country. Make no mis- in a June 26 letter to Congress, expressed its rates. take about it, 5 or 10 or 15 years from support for the content included in this Work Participation Rate Penalties now, when these children have become amendment. Congress should defer to this bi- (Gramm): An amendment to impose an addi- young adults, you and I must take partisan support from the nation’s gov- tional 5 percent penalty on states for con- some responsibility for their successes ernors. After all, it is we governors who will secutive failure to meet the work participa- be charged with implementing any national tion requirements. APWA opposes this or failures. welfare reform program. amendment to increase penalties on states Of course, they will have their set- Thank you and please contact me if I can beyond those contained in the bill. backs, just like you and me. But let us be of any further assistance on this matter. Work Participation Rate (Gramm): An assure that those setbacks are not set Sincerely, amendment to limit to one year the excep- in motion by the decisions we make PAUL E. PATTON. tion to the work participation rate calcula- today. By passing this amendment, I Mr. FORD. Mr. President, the Catho- tion for families with children under 1 year believe one day each of us can look at lic Bishops’ Conference supports this of age. Exemption (Gramm): An amendment to our future parents, doctors, lawyers, amendment. I ask unanimous consent a allow states to exempt families with chil- farmers and teachers, taking pride in letter from the Catholic Bishops’ Con- dren under 1 year of age from the work re- our role to assure they grew up with a ference in support of my amendment be quirement, but require that such exempt safe place to sleep at night, clothes on printed in the RECORD. S8400 CONGRESSIONAL RECORD — SENATE July 22, 1996 There being no objection, the letter cation, training and supervision necessary and children without essential health care was ordered to be printed in the for them to become good parents and produc- and cash supports, even though these provi- RECORD, as follows: tive adults. We also believe that teen parents sions go beyond what the bishops would sup- should be discouraged from setting up inde- port. U.S. CATHOLIC CONFERENCE, pendent households and endorsed this ap- In summary, we urge you to support genu- Washington, DC, July 17, 1996. proach in our own statement on welfare re- ine welfare reform, not this legislation DEAR SENATOR: The Catholic Bishops’ Con- form. which simply reduces resources and reallo- ference has long suggested genuine welfare cates responsibilities without adequately reform that strengthens families, encourages (2) NATIONAL SAFETY NET protecting children and helping families productive work, and protects vulnerable We urge the Senate to permit states to overcome poverty. Without substantial children. We believe genuine welfare reform provide vouchers or cash payments for the changes, this legislation falls short of the is an urgent national priority, but we oppose needs of children after the time limits have criteria for welfare reform articulated by the abandonment of the federal government’s been reached. The Senate bill cuts off all as- nation’s Roman Catholic bishops and we necessary role in helping families overcome sistance after two consecutive years on wel- urge you to oppose it. poverty and meet their children’s basic fare and five years in a lifetime, regardless Sincerely, needs. Simply cutting resources and trans- of the efforts of the family or the needs of Rev. WILLIAM S. SKYLSTAD, ferring responsibility is not genuine reform. children. As Chairman of the Domestic Policy Com- We support more creative and responsive Bishop of Spokane, mittee of the United States Catholic Con- federal-state-community partnership, but we Chair, Domestic Policy Committee. ference, I share the goals of reducing illegit- cannot support destruction of the social safe- Mr. FORD. Mr. President, the Catho- imacy and dependency, promoting work and ty net which will make it more difficult for lic Conference of Kentucky has written empowering families. However, I am writing poor children to grow into productive indi- a letter endorsing and supporting my to you to express our concern about provi- viduals. We cannot support reform that de- amendment. I ask unanimous consent sions in S 1795, (Senate Budget Committee’s stroys the structures, ends entitlements, and it be printed in the RECORD also. Reconciliation report S 1956), which would eliminates resources that have provided an result in more poverty, hunger and illness There being no objection, the letter essential safety net for vulnerable children was ordered to be printed in the for poor children. As the Senate considers or permits states to reduce their commit- this bill, we strongly urge you to support ment in these areas. Society has a respon- RECORD, as follows: amendments in five essential areas. sibility to help meet the needs of those who CATHOLIC CONFERENCE OF KENTUCKY, (1) FAMILY CAP cannot care for themselves especially young Frankfort, KY, July 19, 1996. We urge the Senate to support efforts to re- children. In the absence of cash benefits, Senator WENDELL FORD, move the family cap which denies increased vouchers would provide essential support for Senate Office Building, Washington, DC. assistance for additional children born to poor children. DEAR SENATOR FORD: As you are well aware from previous correspondence with the mothers on welfare unless state law repeals (3) FOOD AND NUTRITION it. See the attached briefing sheet on why Catholic Conference of Kentucky, the Bish- We urge the Senate to remove the optional the ‘‘opt out’’ is effectively a mandatory cap ops have major concerns about the welfare state block grant and reduce the cuts in food which the Senate rejected on a bipartisan reform legislation which passed the House on stamps. The Senate bill cuts more than $25 basis 66–34. We urge the Senate again to re- Thursday. The United States Catholic Con- billion in food assistance to poor children ject this measure which will encourage abor- ference Office of Government Liaison has in- and families, permits a state block grant of tions and hurt children. formed staff that the Senate is expected to We believe the so-called ‘‘opt-out’’ provi- the federal food stamp program, and cuts take this up immediately. On behalf of the sion is, in reality, a federally mandated fam- single adults (18–50) from food stamps even if Bishops, I’d like to touch upon key issues ily cap because it can only be removed by they have made every effort to find a job or with you. the unprecedented and extreme requirement a training slot. The Family Cap, which your voting record that both houses of a state legislative pass We cannot support ‘‘reform’’ that elimi- has been perfect on, will prohibit states from and the Governor sign a law repealing the nates resources that have provided an essen- using federal funds to provide cash assist- federal mandate. The Bishops’ Conference’s tial safety net for vulnerable families and ance to children born to current welfare re- opposition to the family cap is based on the children. Over half the cuts in this bill are in cipients. The ‘‘opt-out’’ provision is virtually belief that children should not be denied ben- the Food Stamp program. These cuts will a federal mandatory cap. We ask you to con- efits because of their mothers’ age or depend- likely create an even greater burden on chil- tinue to support removing this prohibition ence on welfare. These provisions, whatever dren and families when coupled with other on Kentucky’s use of federal funds for Ken- their intentions, are likely to encourage changes called for in this bill. The optional tucky’s children. abortion, especially in those states which food stamp block grant also troubles us. The Social Safety Net would no longer pay for abortions, but not for assistance to These fixed payments will make it difficult exist as this bill ends the guarantee of basic these children. These states say to a young for states to respond to increased need in assistance to poor children and families. woman, we will pay for your abortion, but we times of economic downturns. Please support any amendments which would will not help you to raise your child in dig- (4) EARNED INCOME TAX CREDIT allow Kentucky to meet their needs through nity. We urge the Senate to reduce the cuts in continued support either as cash payments New Jersey is the state with the most ex- the EITC. S 1795, as passed by the Finance or vouchers when they reach the time limit. perience with a family cap. In May 1995, New Committee, includes $5 billion in EITC cuts, The Food Stamp program would experience Jersey welfare officials announced that the nearly 40% coming from the credit for low- massive spending reductions. Please support abortion rate among poor women increased income working families without significant any amendments to remove the optional food 3.6% in the eight months after New Jersey assets. These reductions would affect nearly stamp block grant and ease the harshness of barred additional payments to women on five million families with children. the provision which terminates food stamps welfare who gave birth to additional chil- We support real welfare reform which leads to individuals, 18 to 50 years old, who cannot dren. This increase is exactly what pro-life to productive work with wages and benefits find work. opponents of the family cap predicted. A that permit a family to live in dignity. Real Legal Immigrants would be denied benefits study conducted by Rutgers University also jobs at decent wages, and tax policies like an when, despite their contributions through has shown that the New Jersey law barring effective Earned Income Tax Credit [EITC], work and taxes, they fall on hard times. additional payments to welfare mothers who can help keep families off welfare. Please support any amendments which would have more children has not affected birth- permit legal immigrants to receive benefits (4) LEGAL IMMIGRANTS rates significantly among those women. The and, at the very least, to receive health care study refutes several earlier announcements We urge the Senate to permit legal immi- though Medicaid. that birth rates among New Jersey welfare grants to receive essential benefits and at We know that the debate will be heated mothers had dropped dramatically since the the very least to receive health care through and the rhetoric will flow, but we know that state implemented the policy in 1992. While Medicaid. The Senate bill denies assistance Kentuckians can look to their Senior Sen- state officials recently reported a drop in the to all legal immigrants in ‘‘means-tested ator for balance. Thanks so much for your birth rate among welfare mothers, officials programs’’ (i.e., AFDC, Medicaid, Food consideration of these matters and for all are wary of linking this deline with imposi- Stamps). We urge the Senate to reject this that you do for us in Washington, D.C. tion of the family cap. unfair provision and, at least, substitute the Please do not hesitate to call if you have Although these results are prelimary, the less punitive restrictions contained in the re- questions concerning any of this. See you at abortion increase coupled with the absence cently passed Immigration bill (i.e., permit Fancy Farm! of an association between the family cap and Medicaid assistance, etc.). Sincerely, birth rates suggest that the policy of deny- We cannot support punitive approaches JANE J. CHILES. that target immigrants, including legal resi- ing children benefits doesn’t do much to re- Mr. FORD. So, Mr. President, I think duce illegitimate births except by increasing dents, and take away the minimal benefits abortions. that they now receive. The provisions in the this amendment moves us closer to On a related matter, we support efforts to Immigration and Reform Act of 1995 compromise. I urge the adoption of my assure that teen parents are offered the edu- [H.R.2202] would at least leave fewer families amendment. As I said earlier, this is July 22, 1996 CONGRESSIONAL RECORD — SENATE S8401 one that ought to be accepted. The dis- I think, is very important. Regarding you work your heart out to try to tinguished former Governor of New the Governors who will be responsible eliminate poverty in your State and Hampshire, on the floor of the Senate for this, their association has asked your counties and your cities and you last week said, as it related to the they be allowed to do this without know what needs to be done, that we Breaux amendment, he did not like the being cut off. say up here, for sound bites—sound first half, but the second half of the Last week they said this amendment bites—we are going to give it back to amendment he liked very much, which would be unnecessary because States the States, but we are going to tell the is basically the amendment I offered can already use title XX money, the so- States how to do it. That does not here today. cial services block grant, to fund these make sense to a former Governor. It I yield the floor. vouchers. Social services block grant, does not make sense. If you are going The PRESIDENT pro tempore. The title XX, is simply inadequate to meet to put the responsibility on my back, if distinguished chairman of the Budget those needs. Title XX has been funded you are going to put the responsibility Committee is recognized. at essentially the same level since 1991. on a Governor somewhere, give him the Mr. DOMENICI. Mr. President, as I There is a greater demand on these ability to make decisions and not strip understand it, nothing we are doing funds today than ever before. him of that ability, do not keep him in here today precludes us from raising a Title XX funds are used to provide— a box where he cannot reach out and point of order on this amendment? now listen to this—title XX funds are help children. The PRESIDENT pro tempore. The used to provide aid to the homebound That is all I am asking for, Mr. Presi- Senator is correct. elderly. What the opponents of this dent, is the ability of a Governor to Mr. DOMENICI. If one lies. We are amendment are saying to States is: have flexibility to use the money that not sure at this point. We are going to Choose between your homebound elder- we send to him, and it will be shorter go see if it does. ly and your poorest children, but do than it is this year. Do not kid yourself Mr. FORD. If I may say to my friend, not expect any State flexibility to use about title XX. It has not been in- Mr. President, the point of order would your welfare block grant. That is what creased in 5 years. It is the same lie against the Breaux amendment. But they are saying. amount of money, and we are grow- in talking with the Parliamentarian I have never seen and heard people ing—more people. The percentage of el- and others, this particular amendment being against poor children as I have derly is growing every year, but we are would not have a point of order against heard for the last several days. Every- not sending any more money. It is the it. I hope the Senator would not do one says to Governors, to whom we same amount. It has been level, it has that. want to give flexibility and give this been flat for 5 years, and they say, take Mr. DOMENICI. We are not going to block grant to, that you cannot have it out of title XX, take it out of home- do that unless it lies. If it lies, we will flexibility with children. It just does bound elderly, and give it to the poor- do that. not make sense. I have been a Gov- est of children? That is a heck of a Mr. FORD. Fine. Let us find out. ernor. We have had hard times. My choice to give to an individual who has Mr. DOMENICI. Let me say, the ar- State is one of the States that has not the responsibility of leading his State. guments have been made more elo- asked for a waiver. Our welfare rolls So, Mr. President, I hope that my quently than I can make them. As I un- are down 23 percent. It is because of colleagues will join with me in saying derstand it, tomorrow, when this mat- the economy, basically. We still have to those Governors out there, ‘‘We’re ter comes up for a vote, we will each about 14 or 15 counties that are in dou- going to give you a very heavy load to have a minute to respond. I think I will ble-digit unemployment. They have carry, and that load is trying to work not respond at this point other than to problems. out welfare reform and make it work in say clearly there are benefits beyond What if we have an economic down- your State.’’ Let’s not handcuff him or the cash assistance benefit that is turn? We are going to need all the her. Let’s give him or her the flexibil- being modified here. That program flexibility in the States we can have. ity to do what is in the best interest, called AFDC, the cash assistance, we But we come here and listen, day after particularly for children. are trying to terminate that as a way day after day: ‘‘There are other pro- I yield the floor. of life after 5 years. That does not grams you can use. You can use title mean that other programs that assist XX,’’ the Republicans said last week. I yield back the remainder of my people who are poor, including poor But that is aid to the homebound elder- time. children, are terminated by this bill. ly. Are you going to force a Governor Mr. DOMENICI addressed the Chair. So voucher-type programs in the hous- to make the decision between the The PRESIDENT pro tempore. The ing area and others are still going to be homebound elderly and our poorest distinguished chairman of the Budget available. children? Do not expect any State Committee. The question is, Do you want to flexibility to use your welfare block Mr. DOMENICI. I yield back the re- break the cycle of dependency in this grant, Governor. mainder of my time. basic AFDC Program at 5 years, or do Title XX block grants are also used I gather now, under previous arrange- you want to break that and then start for preventing or remedying neglect, ments, Senator ASHCROFT is going to up another one? That is the issue. Do abuse, exploitation of children unable offer an amendment. Mr. President, is you want to start up a whole new bu- to protect their own interests, like pre- the Senator ready? reaucracy of vouchers and the like, or venting or reducing inappropriate in- Mr. ASHCROFT. Yes, I am. do you want to break that dependency stitutional care by providing commu- The PRESIDENT pro tempore. The and get on with changing the very cul- nity-based or home-based care, or other junior Senator from Missouri is recog- ture of the welfare system. alternatives. That is title XX. nized. I think part of that is what this Why not give the Governors and the Mr. FORD. Will the Senator yield for amendment addresses. We will have to States the flexibility they are asking 10 seconds? I apologize for this. decide as a Senate what we want to do for? All we are doing is just returning Mr. ASHCROFT. No problem at all. about that. this bill to the same position as H.R. 4, I yield back any time I have in oppo- in the last session, that most people on Mr. FORD. Mr. President, I ask unan- sition to the amendment at this point. the other side voted for. imous consent that Senator REID be I assume the Senator is going to yield Now we say, ‘‘Oh, they’ve got other added as a cosponsor of my amend- his back shortly, I say to my col- places.’’ This bill allows States to ex- ment. league? empt 20 percent of the welfare rolls, it The PRESIDENT pro tempore. With- Mr. FORD. Yes, I will. does not count time spent on welfare as out objection, it is so ordered. The PRESIDENT pro tempore. The a minor—it allows all these things. But Mr. FORD. I thank the Senator from distinguished Democratic whip is rec- after 5 years, you are through. Period. Missouri. ognized. If you are going to give them the wel- The PRESIDENT pro tempore. The Mr. FORD. Mr. President, flexibility fare block grant, they ought to have an able Senator from Missouri is recog- by the Governors of the various States, opportunity. It is just beyond me, after nized. S8402 CONGRESSIONAL RECORD — SENATE July 22, 1996 AMENDMENT NO. 4941 funded under this part for purposes of sub- ourselves to be out of dependence and (Purpose: To provide that a family may not paragraph (A)(i), the State shall disregard out of reliance on others, we prepare receive TANF assistance for more than 24 any month for which such assistance was ourselves to be industrious, to be inde- consecutive months at a time unless an provided with respect to the individual and pendent and reliant upon ourselves. adult in the family is working or a State during which the individual was— (i) a minor child; and Welfare cannot be something that is exempts an adult in the family from work- a lifestyle. It has to be something that ing for reasons of hardship, and that a fam- (ii) not the head of a household or married ily may not receive TANF assistance if the to the head of a household. is just for a while. It has to be some- family includes an adult who fails to en- (C) HARDSHIP EXCEPTION.— thing that moves us forward. I believe sure that their minor dependent children (i) IN GENERAL.—The State may exempt a there are fundamental components of attend school or such adult does not have, family from the application of subparagraph this bill which will do that, but we can or is not working toward attaining, a high (A) of this paragraph, or subparagraph (B) of enhance them substantially in their ca- school diploma or its equivalent) paragraph (1), by reason of hardship or if the pacity to change the character of wel- family includes an individual who has been Mr. ASHCROFT. Mr. President, I battered or subjected to extreme cruelty. fare, to change it from a way of life, to send an amendment to the desk for (ii) LIMITATION.—The number of families change it to a way of escape, to change consideration. with respect to which an exemption made by it from a lifestyle, to change it to The PRESIDENT pro tempore. The a State under clause (i) is in effect for a fis- being a transition, to change it from a clerk will report. cal year shall not exceed 20 percent of the condition to being a transition. The legislative clerk read as follows: average monthly number of families to Mr. President, according to Senator which assistance is provided under the State The Senator from Missouri [Mr. ASHCROFT] MOYNIHAN, the average welfare recipi- proposes an amendment numbered 4941. program funded under this part. ent spends 12.98 years on the rolls. That (iii) BATTERED OR SUBJECT TO EXTREME CRU- Mr. ASHCROFT. Mr. President, I ask ELTY DEFINED.—For purposes of clause (i), an is a substantial and monumental waste unanimous consent that the reading of individual has been battered or subjected to of human resource. We have individuals the amendment be dispensed with. extreme cruelty if the individual has been who are reliant, who are dependent, The PRESIDENT pro tempore. With- subjected to— whose level of contribution and produc- out objection, it is so ordered. (I) physical acts that resulted in, or threat- tivity in our culture is very, very, very The amendment is as follows: ened to result in, physical injury to the indi- low, and that 12 years is a teaching vidual; Strike section 408(a)(8) of the Social Secu- time as well as a time of existence. (II) sexual abuse; Unfortunately, that 12 years becomes rity Act, as added by section 2103(a)(1), and (III) sexual activity involving a dependent insert the following: child; a time when young people are taught (8) NO ASSISTANCE FOR MORE THAN 5 YEARS; (IV) being forced as the caretaker relative dependence instead of independence. FOR FAILURE TO ENSURE MINOR DEPENDENT of a dependent child to engage in nonconsen- They are taught reliance on Govern- CHILDREN ARE IN SCHOOL; OR FOR FAILING TO sual acts or activities; ment instead of self-reliance. HAVE OR WORK TOWARD A HIGH SCHOOL DI- (V) threats of, or attempts at, physical or One of the things we should ask our- PLOMA OR ITS EQUIVALENT.— sexual abuse; selves about everything we do in Gov- (A) IN GENERAL.—Except as provided in (VI) mental abuse; or subparagraphs (B) and (C), a State to which ernment is: What does it teach? What (VII) neglect or deprivation of medical does it reinforce? What basic principles a grant is made under section 403 shall not care. use any part of the grant to provide assist- (D) RULE OF INTERPRETATION.—Subpara- and values are advanced by it? And a ance— graph (A)(i) of this paragraph and subpara- welfare system that provides for 12.98 (i) to a family that includes an adult who graph (B) of paragraph (1) shall not be inter- years as the average time a welfare re- has received assistance under any State pro- preted to require any State to provided as- cipient spends on the rolls—what about gram funded under this part attributable to sistance to any individual for any period of funds provided by the Federal Government— those that are on there longer? This is time under the State program funded under not teaching something that is valu- (I) for 60 months (whether or not consecu- this part. tive) after the date the State program funded able to our culture. We need to be rein- under this part commences; or Mr. DOMENICI. Mr. President, I say forcing, providing incentives for sup- (II) for more than 24 consecutive months to the Senator from Missouri, do we port for a system that does not insti- after the date the State program funded have a copy of the Senator’s amend- tute a condition for life, making a ca- under this part commences unless such adult ment? reer of welfare, but energizes a transi- is engaged in work as required by section Mr. ASHCROFT. The Senator will be tion for life, leaving welfare and going 402(a)(1)(A)(ii) or exempted by the State by pleased to send a copy of the amend- to work. reason of hardship pursuant to subparagraph ment to the Senator from New Mexico. (C); or, The 12.98 years is reflected in the fact (ii) to a family that includes an adult who The Senator from Missouri inquires, that we have had soaring rates in the has received assistance under any State pro- should we be operating under a time kind of social conditions that intensify gram funded under this part attributable to agreement here? the challenge and the condition of wel- funds provided by the Federal Government Mr. DOMENICI. We do not have to. I fare—a 600-percent increase in illegit- or under the food stamp program, as defined know of no other Senator prepared to imacy over the last three decades. I in section 3(h) of the Food Stamp Act of 1977, offer an amendment. Take as much think we can agree that the welfare unless such adult ensures that the minor de- time as you like. You are entitled to an system we now have is a miserable fail- pendent children of such adult attend school hour. as required by the law of the State in which ure, but if we do not build into this sys- the minor children reside; or, Mr. ASHCROFT. I am sure we will be tem things to change the outcomes, we (iii) to a family that includes an adult who able to accomplish what we need to ac- are going to end up with the same is older than age 20 and younger than age 51 complish in substantially less time. problems just being tougher and tough- who has received assistance under any State Mr. President, thank you for this op- er to solve. program funded under this part attributable portunity to offer an amendment. I be- Industrialist friends of mine tell me to funds provided by the Federal Govern- lieve that it is important for us in this that whatever system you have, you ment or under the food stamp program, as Congress, and in the bill which is be- can be assured that it is perfectly de- defined in section 3(h) of the Food Stamp Act fore the Senate, to change the char- of 1977, if such adult does not have, or is not signed to give you what you are get- working toward attaining, a secondary acter of welfare. That is the challenge ting, and if you do not like what you school diploma or its recognized equivalent which is before us. We have to change are getting, you need to change the unless such adult has been determined in the a system which has provided people system. judgment of medical, psychiatric, or other with a condition—a condition of de- This welfare bill that we are debating appropriate professionals to lack the req- pendence, a condition of relying on today will shorten the time from 12.98 uisite capacity to complete successfully a others, a condition which has been a years down. It will limit most welfare course of study that would lead to a second- trap—and we need to change welfare recipients to a 5-year lifetime limit on ary school diploma or its recognized equiva- from being a condition to being a tran- lent. temporary assistance to needy fami- (B) MINOR CHILD EXCEPTION.—In determin- sition. lies. ing the number of months for which an indi- The welfare situation should be a The big challenge of the 12-year prob- vidual who is a parent or pregnant has re- time when we prepare ourselves for the lem is, What kind of habits do you ceived assistance under the State program next step in our lives, when we prepare build in 12 years? July 22, 1996 CONGRESSIONAL RECORD — SENATE S8403 I suspect that if you involve yourself lation to work in the first year period, the second need, hopefully never to be in a routine for 12 years, it is very dif- and 25 percent in the second year pe- consumed. Our objective should be that ficult ever to break that routine. Soci- riod—25 percent. That is one out of no one ever bumps the 5-year limit. ologists tell us, if you want to lose four. So for three out of four, they Our objective should be that we ener- weight—that is one of the things I could go right by the first 2-year period gize people to go to work so quickly want to do—they say you have to and not even be involved in work. and so enthusiastically that they change your habits for about 6 or 7 I believe, though, as a result of this, maintain their reserve to the day they weeks in order to have a new habit of that welfare recipients, other than that die. diet, a new way to consume food. We 25 percent who actually went to work, Permitting able-bodied welfare re- are talking about changing habits that could just choose to coast along for the cipients to remain on assistance for a people have hardened for 12.98 years on full 5 years of benefits with no addi- straight 5-year-long block of time sim- average. tional incentive to get a job. I think ply would reinforce, reteach, perpet- One of the problems I have is that we that is where this bill needs correction. uate, and underscore the current cycle have said we are going to change this It needs dramatic correction. of dependence. We need to stop this by shortening the time period to 5 I propose to amend this welfare bill cycle of dependence, not just for indi- years. Well, 5 years will build a habit to allow welfare recipients, able-bodied viduals, but for what it teaches to our which is so strong that it is almost im- welfare recipients without infant chil- children. Welfare has become an possible to break. I think we need to dren, to collect only 24 months of con- intergenerational phenomenon, where find a way to restructure the system so secutive temporary assistance-to- people are on so long that their chil- that everyone looks at that 5-year pe- needy-families benefits. At the end of dren grow up knowing only one life- riod as if it is an insurance policy and those 2 years, if the recipient still re- style—it is welfare. By limiting the un- they do not want to take any more out fuses to work, I say, cut the benefit. interrupted block of time that welfare of that bank of 5 years than they need What this really does is not result in recipients remain on the rolls, we will reduce the level of dependence on gov- to at the moment because there might cut benefits; this results in more peo- ernment assistance. come a time sometime later in life ple being willing to work. Instead of saying to an individual Welfare can be habit forming, and when they would have a desperate need has been habit forming. It can be ad- for assistance. I believe that is what we who gets on welfare, if you work the system, you can last for 5 years, create dictive. It can be destructive, and it need to do. has been. We need to take the struc- So we need to help people understand the habits of reliance, create the habits tural components of the welfare sys- that there is 5 years. That is a lifetime of repose, reject the habits of industry tem, which are dehumanizing, demean- limit. You should only draw from that and work; this would basically say, you ing and disabling, out of the system. savings account or reserve for emer- better get to work, learning to get a We need to energize each individual to job right away, because after 2 years, gencies what you desperately need and view welfare as transitional. We should in spite of the fact that there is a 5- not use that 5 years as a way to create do that by saying there can be no more year lifetime limit, there is a 24-month the habit of dependence which will be than 24 consecutive months on welfare consecutive receipt-of-benefit limit for almost impossible for you to break. for any able-bodied individual without But this bill would allow for most in- able-bodied adults without infant chil- infant children, unless they will work. dividuals 5 years—5 years—without dren. I just indicate that on Tuesday of If a welfare recipient then decides work. Five years without work would this last week President Clinton or- build such a habit that I believe we not to work in the 2-year time span, dered that in case we do not pass wel- would nearly disable the individuals, as the payment would cease. By doing fare reform in the next few months, the we have with our current system. this, we simply hope to inject a con- Department of Health and Human I was stunned when I read in one of cept which is too novel which ought to Services will give States the power to my home State papers last year that be commonplace. That is the concept cut off benefits if an able-bodied adult there was an experiment under a waiv- that work is beneficial and that it pays refuses to work after 2 years. This is er granted by the Federal Government better and is better than welfare. Oth- not a Draconian message. This is a where they invited 140 welfare recipi- erwise, we are simply going to be message and this is a concept called for ents to show up at a Tyson Foods tempting people to stay on and approx- by the President of the United States. plant. Only half of them showed up for imate, or approach at least, as much as For us to deliver a welfare system work. They were invited to come in to they can of the 12.98 years of time on back to the American people which re- look for a job. Of the half that showed welfare, which is now a debilitating inforces, underlines, and strengthens up, only 39 accepted jobs. Of the 39 that and disabling influence in the Amer- the bad habit of long-term dependency accepted jobs, fewer than 30 were on ican culture for too many Americans. would not only be an affront to the the job a week after. Our intention is to leave the time pe- American people, but it would be our See, what we have done is we have riod between any times you consume failure to respond to a President who built habits. We have established a con- your 24 consecutive months total up to has asked us to do much better. There dition for welfare. We do not have wel- the States, so that recipients could not is something much better that we fare as a transition, as a place of move- leave the welfare rolls and sign up should be doing, and something we can ment; it has become a place of repose. again a week later. I think States do. If we want to break the long-term I believe we need to change that. For could make these judgments about aspects, the intergenerational aspects us to say that, even under this bill, what kind of interval that would be of welfare, we have to be a part of this which is a significant reform, for us to needed between the 24-month periods. teaching idea in a real way. say that we would allow people to have Our central point, our responsibility When I was Governor of the State of 5 straight years without work, where here, is to say that we want to provide Missouri and I had the great privilege your self-esteem or your skills, your as part of the structure of our reform of serving the people of my State, we motivation would atrophy, would with- the energy to change, legislation that came to Washington to ask for a waiv- er—if you do not use a muscle for 5 changes welfare from being a lifestyle er, a waiver from the regulations of the weeks, it gets weak. If you do not do to being a transition. We want to start Federal Government. The waiver was not use it for 5 months, it almost dis- to energize a commitment on the part simply this: We said, please give Mis- appears. If you do not use it for 5 years, of recipients to make the changes in souri the right to say to welfare recipi- it is gone. the way they live so that they avoid ents, if you do not make sure your kids We have here the most important prolonged exposures to the welfare sys- are in school, you will not get your full muscle in human character—self-es- tem and find themselves at an earlier benefit. It was a way of saying welfare teem, skills, motivations. We are still time being capable of sustaining them- is not a place where you can throw re- providing in this bill that for as long as selves. sponsibility to the wind. It was a way 5 years you can simply be there not We want welfare recipients to look at of saying, if you are a parent, you have working. The bill, as it stands, requires this 5-year period as a lifetime cushion, to be responsible for at least some fun- 15 percent of the unexempted popu- not to be consumed in the first need or damental basic things, like getting S8404 CONGRESSIONAL RECORD — SENATE July 22, 1996 your kids to school, because we do not themselves at the expiration of that Now I am afraid that the same Amer- want your kids to stay at home and time. ican public is being fooled, because learn welfare, we want your kids to go Mr. President, I reserve the balance these nutrition cuts are now being to school and learn how to be produc- of my time, but I am happy to yield made in a reconciliation bill. The same tive. We were able to get that waiver. back my time on the amendment when nutrition cuts that could not be made The program was called People Attain- all time is ready to be yielded back. frontally are going to be made indi- ing Self-Sufficiency, PASS. PASS had Mr. LEAHY. Mr. President, I see the rectly in the reconciliation bill. some reference to school. We wanted distinguished chairman of the Budget It appears to me that the Contract kids to pass in school by having good Committee on the floor; is he seeking With America crowd has totally aban- attendance. recognition? doned its effort to balance the budget. I think there is another part of the Mr. DOMENICI. I wondered who on Now they will settle for just taking structure of welfare reform that we the Democratic side was going to op- food from children. The amendment to should embrace as we send the bill to pose this amendment. strike Medicaid without an offset the President of the United States. We Mr. LEAHY. Mr. President, I was means that senior citizens vote, but it should not have to have States coming going to make a general statement. I shows they understand that children do to Washington, waiting 2 or 3 years, will be introducing an amendment not vote. If children could vote, there filling out enough paperwork to choke later. I was going to be making a short is no doubt in my mind these nutrition a horse in order to have the privilege of but general statement, if there is no cuts would not be in this bill. In fact, saying to people, ‘‘We expect you to objection to that. if children could vote, the nutrition make sure your kids are in school or Mr. DOMENICI. Mr. President, might cuts that cut the school lunch, school we are not going to make sure your I ask staff, perhaps they could confer breakfast, and summer reading pro- EAHY. check is in the mail.’’ It is that simple. with Senator L grams would not even be attempted. Is there somebody on your side that It is very fundamental. If you are on Nationwide, the nutrition cuts will wants to respond to this amendment? take the equivalent of 20 billion meals welfare, your kids should be in school, Mr. LEAHY. Mr. President, I say to because it is especially important to from low-income families over the next the distinguished Senator from New 6 years. Children do not have political break the intergenerational chain of Mexico, I came to the floor because dependence. Part of this measure is to PAC’s. Children do not vote. But now there was not anybody on the floor at we find out what happens, children are make sure we say to the individuals, this moment. I notice there that have ‘‘You have some responsibility.’’ the ones that will be hurt by these been some quorum calls. I thought cuts. Another important concept of this rather than hold up anything later on, amendment is that it would allow If these cuts had something to do as I would take probably less time than with balancing the budget, or were part States to require temporary assistance it would take now in discussing this, if to needy families and food stamp re- of a larger effort to balance the budget, I could just make a couple of com- that would at least provide some jus- cipients to either have a high school ments about the nutrition aspects of education or work toward attaining a tification. These programs that the Re- the reconciliation bill. publican majority propose in child care high school education. It is my judg- Mr. DOMENICI. Mr. President, I have ment that it is not very realistic to say food programs, these cuts hurt pre- no objection if the distinguished Sen- school-age children in day care homes to people, ‘‘We are sending you to ator from Missouri has no objection to work, but you do not have to have the in my home State of Vermont and in temporarily setting this aside while the rest of the Nation. Families with kind of fundamental and basic skills the Senator from Vermont proceeds. that come from education.’’ I am not children will absorb at least 70 percent Mr. LEAHY. Mr. President, I wish to of the food stamp reductions. The im- talking about worker training here, I speak just briefly on matters involving pact on Vermont will be significant. am talking about education. I am talk- nutrition aspects of the reconciliation The average food stamp benefit will ing about the fact that an educated bill. I will, later on, have amendments drop to 65 cents per person per meal. person can read the manual and train in that regard. It seems like this was a Defy anybody to eat at 65 cents per himself or herself. I am talking about good time to speak. meal. I think parents will have a very the fundamental responsibility of cul- Mr. DOMENICI. Mr. President, we difficult time feeding hungry children ture, not the responsibility of a busi- need not set anything aside, but give on a 65-cent budget. I remember my ness to train people to do its business. him unanimous consent to proceed on a three children when they were going up I am talking about the fundamental re- matter not related to this amendment. could eat you out of house and home. sponsibility of a culture to train its The PRESIDING OFFICER (Mr. They certainly could not be fed on 65 citizens by way of education. MCCAIN). The unanimous-consent re- cents a meal. Education is different, really, from quest by the Senator from New Mexico Most of these food stamp cuts are training. Education is the basis upon is agreed to, and the Senator from Ver- done cleverly. There is $23 billion that which training builds. A person who mont is recognized to speak. comes from provisions that alter the cannot read or write will have a hard Mr. LEAHY. I thank my distin- mathematical factors and formula used time, no matter how much training she guished friend from New Mexico, the in computer software, so nobody sees gets. I believe if a person is going to be distinguished Presiding Officer from or figures it out. But the end result is receiving this assistance that we need Arizona, and the distinguished Senator there are lower benefits for children. to say to them, ‘‘You are going to have from Missouri. Children will go hungry because new to invest in yourself to the extent of Mr. President, my message today is computer programs are used. These having a high school education or a very simple—my concern is that the hungry children will not even know general equivalency diploma. The truth nutrition cuts in the reconciliation bill they have been reformed; neither will of the matter is you have a responsibil- are going to make children go hungry their parents. All they will know is ity, and you have to be prepared to if they are allowed to stay as they are. they are going to be a lot, lot hungrier meet that responsibility.’’ At the beginning of this Congress, I once the computers turn on. As a matter of fact, this is a far more attacked some of those people with the Over 95 percent of the cuts in nutri- important thing than it has ever been Contract With America crowd because tion programs are unrelated to welfare before, because once we put a time they wanted to repeal the School reform. Most cuts are simply imple- limit on these matters, we need to en- Lunch Act, at that time in the name of mented by computer software. I do not ergize people to be ready in order to balancing the budget. I also attacked know how that represents reform—un- fend for themselves when the time them because they wanted to repeal less somebody feels that a computer limit has expired. I hope we will have a the school breakfast program and then can think and feed and knows hunger, 2-year time length on consecutive they wanted to repeal the summer food and a computer can recognize hungry months of benefits, 24 months, and I service program. I am not sure why children. believe in a 5-year lifetime benefit, as they did that, but it was interesting to In fact, in a couple of years, hunger well. With that in mind we will have to see how the American public reacted. among Vermont children will dramati- make sure that people can fend for They reacted with outrage. cally increase under this bill. As it is July 22, 1996 CONGRESSIONAL RECORD — SENATE S8405 now written in the nutrition areas, it is not mean that the Senator from New Senate Agriculture Committee and, be- antifamily, antichild, it is mean-spir- Mexico does not think that, from time fore that, the ranking member of the ited, and it is really beneath what a to time, we must look at the program, Senate Agriculture Committee, the great country should stand for. It takes because it is frequently abused and senior Senator from Indiana, in mak- food from children, and it does vir- abused in many ways. We have lent ing these improvements. They have tually nothing to reform or improve ourselves to some of that abuse by the saved a lot of money. I also point out nutrition programs. In fact, it is not way we have written the law. that the Food Stamp Program is ex- even an attempt to balance the budget, I know we are setting about in this tremely important. so we can at least say we are doing bill to reform food stamps and make During the last administration, 40,000 that for the children in future years. sure that it is less fraudulently used. to 45,000 people were added every single A lot of talk was made last year But I wanted to make sure that my en- week in the 4 years President Bush was about the Contract With America and tire thoughts about it, as I went before President—40,000 to 45,000 every single about how the budget will be balanced the committee in 1990, are at least here week for 4 years were added. That is, in with real cuts. I said at that time that in principle in the RECORD today. over 200 weeks they were added to the I did not think the people who were Mr. LEAHY. If the Senator will yield food stamp rolls. ‘‘talking that talk’’ would ‘‘walk the on that point, would the Senator from Let me just remind my friend from walk’’ by making the real cuts. I was New Mexico agree with me that the New Mexico and others about this. right. Food Stamp Program, properly used, When we talk about whether this pro- That net result of this Congress will can be of extreme benefit to low-in- gram is utilized in a Republican or be that the Agriculture Committee come children. Democratic administration, it is a pro- baseline is greatly reduced, and that Mr. DOMENICI. There is no question gram for everybody. During the Bush other committees will get away with- about it. We do not have a better pro- administration, every single week, be- out contributing a penny, let alone gram—— cause of the way the economy was, The PRESIDING OFFICER. I admon- their fair share, toward balancing the 40,000 people were added, at the tax- ish both Senators to observe the rules budget. But what that means is, when payers’ expense, to the food stamp of the Senate. You must address each it works its way down, it works its way rolls. other through the Chair. down to children. Why? As I said be- We have been fortunate with the ef- Mr. LEAHY. I believe I had, Mr. fore, children do not vote, children do forts to balance the budget and im- President. I believe I asked if the Sen- not contribute to PAC’s, children do prove the economy, and since President ator would yield so I might ask him a not hire lobbyists, children do not get Clinton came in, 2 million people have question. involved in campaigns. So children will The PRESIDING OFFICER. But the been able to drop from the food stamp go hungry. It is as simple as that. Ev- Chair did not rule. Without objection, rolls, as compared to 40,000 people a erybody else gets protected. the Senator from Vermont is recog- week being added in the 200 weeks dur- The distinguished chairman of the nized to ask a question of the Senator ing the past administration. Two mil- Budget Committee was on the floor from New Mexico. lion people have now been taken off in here a minute ago. I remember when he I think the Senator from Vermont this administration. That is good news came before the Agriculture Commit- knows the rules. for the economy and good news for the tee in 1990. He called the Food Stamp Mr. LEAHY. Mr. President, I repeat taxpayers. But it also points out that Program ‘‘the backbone of our way of my question to the Senator from New in both Democratic and Republican ad- helping the needy in this country.’’ I Mexico. Would he not agree that the ministrations, we should be protecting agreed with Senator DOMENICI when he food stamp proposal, properly used, is the Food Stamp Program. said that. But now that backbone is extremely helpful in feeding low-in- Reform it? Yes. My point is, of being broken in this bill. In a couple of come children in this country? course, that a computer program that years, there will be a stream of news The PRESIDING OFFICER. The Sen- simply cuts children off without reform stories about hungry children standing ator from New Mexico is recognized. is not reform. We should be willing to in lines at soup kitchens, because over Mr. DOMENICI. Mr. President, I was stand up as legislators and make the 80 percent of food stamp benefits go to going to respond to the question. tough decisions on how to reform the families with children. The PRESIDING OFFICER. The Sen- Food Stamp Program, and not simply Let us not have a bill that punishes ator from New Mexico is recognized. say to a computer program: Here, you children because they cannot vote. Let Mr. DOMENICI. Certainly, I agree. I do it. We cannot totally cut off chil- us do what the distinguished Senator do not know that we have found a bet- dren because they do not vote, they do from New Mexico said in 1990. Let us ter way, yet, even with all of its faults, not contribute, and they are not part of remember our children. Let us remem- to get nutrition into the hands of the the political process. They will never ber the Food Stamp Program, which, poor. I repeat that, however, I think complain. as he said so eloquently, ‘‘is the back- the Senator from Vermont knows that We will not touch anything in areas bone of our way of helping the needy in no matter how good it is, it is fre- of senior citizens, or anybody else, be- this country.’’ quently abused. We sometimes ‘‘right cause they do vote and they do com- So, Mr. President, I will have amend- it’’ in ways that make it subject to plain. By golly, those children—tough. ments later on to improve this, unless being abused more so. I only wanted to Go hungry. improvements are made before that make that comment. I agree that we Mr. President, I yield the floor. time. I yield the floor. have not yet found a better way. Cash The PRESIDING OFFICER (Mr. HAT- Mr. DOMENICI addressed the Chair. benefits do not seem to work as well FIELD). Who seeks recognition? The PRESIDING OFFICER. The Sen- because, indeed, they are not used for Mr. ASHCROFT addressed the Chair. ator from New Mexico is recognized. nutritional items. If we keep a tight The PRESIDING OFFICER. The Sen- Mr. DOMENICI. Mr. President, I un- grasp on making sure they are not ator from Missouri. derstand that the Democratic side will fraudulently traded and they are used Mr. ASHCROFT. Thank you, Mr. have no one responding to the Senator for nutrition, we do not have anything President. I will make a few remarks from Missouri. If the Senator finishes, better yet that I am aware of. about the amendment which I pro- he can yield back the remainder of his Mr. LEAHY. Mr. President, my point posed. time, and we will ask that they yield is that we have seen some great I want to reinforce again the concept back any time they have, and the Sen- changes in the Food Stamp Program, that we need to change the character ator’s amendment will be final, unless some very significant improvements, of welfare. We need to change welfare the point of order lies, and the Senator over the years. We have seen other im- from being a condition in which people will have time tomorrow to explain it. provements that we wait to come exist to being a transition from de- I appreciate the comments of the dis- forth, like the use of electronic benefit pendency—not only from dependency tinguished Senator from Vermont. I transfer. but long-term dependency—to inde- say, however, that statements I made I have been very proud to work very pendence, to work, to growth, and to with reference to food stamps should closely with the now chairman of the opportunity. If we are going to do that, S8406 CONGRESSIONAL RECORD — SENATE July 22, 1996 we should not acquiesce to a 5-year for 60 months (whether or not consecutive) Mr. ASHCROFT. Mr. President, I ask limit which allows people to go onto after the date the State program funded unanimous consent that reading of the welfare and just get on it and stay for under this part commences. However, a amendment be dispensed with. 5 years without doing anything. We State shall not use any part of such grant to Mr. DOMENICI. I object. I do not provide assistance to a family that includes should require of individuals—or at an adult who has received assistance under know what the amendment is. least provide that States require of in- any State program funded under this part at- Mr. President, I no longer have an dividuals—that a number of things be tributable to funds provided by the Federal objection, if he would renew his re- done. Government for more than 24 consecutive quest. I understand what he is doing One, we should say no longer can you months unless such an adult is— now. I did not understand. I do now. stay on welfare for more than 24 (i) engaged in work as required by Section Mr. ASHCROFT. Mr. President, I ask months in any one stretch without 402(a)(1)(A)(ii); or, unanimous consent that reading of the (ii) exempted by the State from such 24 amendment be dispensed with. going to work or preparing for work by consecutive month limitation by reason of taking work training and getting an hardship, pursuant to subparagraph (C).’’. The PRESIDING OFFICER. Without education. (B) MINOR CHILD EXCEPTION.—In determin- objection, it is so ordered. Second, we should say never can you ing the number of months for which an indi- The amendment is as follows: stay on welfare if you do not fulfill vidual who is a parent or pregnant has re- In the language proposed to be inserted by your responsibility to send your kids ceived assistance under the State program the amendment, strike all after the first to school. If you are going to be on wel- funded under this part for purposes of sub- word and insert the following: fare, your kids ought to be in school. paragraph (A), the State shall disregard any SANCTION WELFARE RECIPIENTS FOR FAILING month for which such assistance was pro- Children who are in school are less of a TO ENSURE THAT MINOR DEPENDENT CHIL- vided with respect to the individual and dur- DREN ATTEND SCHOOL.— burden to individuals on welfare than ing which the individual was— (A) IN GENERAL.—A State to which a grant children who are allowed to stay home (i) a minor child; and is made under section 403 shall not be prohib- or otherwise avoid their responsibility. (ii) not the head of a household or married ited from sanctioning a family that includes Third, if we expect people eventually to the head of a household. an adult who has received assistance under to become self-reliant in their own set- (C) HARDSHIP EXCEPTION.— any State program funded under this part at- (i) IN GENERAL.—The State may exempt a ting, we are going to have to ask those tributable to funds provided by the Federal family from the application of subparagraph Government or under the food stamp pro- individuals to have fundamental edu- (A) of this paragraph, or subparagraph (B) of cational qualifications as well. In my gram, as defined in section 3(h) of the Food paragraph (1), by reason of hardship or if the Stamp Act of 1977, if such adult fails to en- judgment, that is the reason we ought family includes an individual who has been sure that the minor dependent children of to allow States to require that individ- battered or subjected to extreme cruelty. such adult attend school as required by the uals who are seeking to continue to re- (ii) Limitation.—The number of families law of the State in which the minor children ceive welfare benefits either have or be with respect to which an exemption made by reside. in the process of attaining the kind of a State under clause (i) is in effect for a fis- Mr. ASHCROFT. Mr. President, I cal year shall not exceed 20 percent of the educational qualifications that would average monthly number of families to send an amendment to the desk. come with a high school diploma or a which assistance is provided under the State Mr. DOMENICI. Mr. President, with- GED. program funded under this part. out the Senator losing his right to the Mr. President, I ask unanimous con- (iii) BATTERED OR SUBJECT TO EXTREME CRU- floor, might I ask unanimous consent sent that all time be yielded back on ELTY DEFINED.—For purposes of clause (i), an to have the privilege of the floor to ask the amendment. individual has been battered or subjected to a question of the Senator? The PRESIDING OFFICER. Is there extreme cruelty if the individual has been The PRESIDING OFFICER. Without subjected to— objection, it is so ordered. objection? (I) physical acts that resulted in, or threat- Without objection, it is so ordered. ened to result in, physical injury to the indi- Mr. DOMENICI. Is it the purpose of Mr. ASHCROFT addressed the Chair. vidual; the amendment—it is perfectly legiti- The PRESIDING OFFICER. The Sen- (II) sexual abuse; mate and proper—to make sure that ator from Missouri. (III) sexual activity involving a dependent there is no second-degree amendment AMENDMENT NO. 4942 TO AMENDMENT NO. 4941 child; offered to the Senator’s amendment? (IV) being forced as the caretaker relative (Purpose: To provide that a family may not Mr. ASHCROFT. That is correct. of a dependent child to engage in nonconsen- Mr. DOMENICI. I believe I have au- receive TANF assistance for more than 24 sual acts or activities; consecutive months at a time unless an (V) threats of, or attempts at, physical or thority from the other side. If the Sen- adult in the family is working or a State sexual abuse; ator wants to propose a unanimous exempts an adult in the family from work- (VI) mental abuse; or consent request that there be no sec- ing for reasons of hardship) (VII) neglect or deprivation of medical ond-degree amendment, it would be Mr. ASHCROFT. Mr. President, I care. granted. Does the Senator prefer not to send my amendment to the desk. (D) RULE OF INTERPRETATION.—Subpara- do that? The PRESIDING OFFICER. The graph (A) of this paragraph and subpara- Mr. ASHCROFT. Yes. I would prefer clerk will report. graph (B) of paragraph (1) shall not be inter- preted to require any State to provided as- to have the amendment. The bill clerk read as follows: sistance to any individual for any period of AMENDMENT NO. 4944 TO AMENDMENT NO. 4941 The Senator from Missouri (Mr. ASHCROFT) time under the State program funded under (Purpose: To provide that a state may sanc- proposes an amendment numbered 4942 to this part. tion a family’s TANF assistance if the fam- amendment No. 4941. Mr. ASHCROFT. I ask unanimous ily includes an adult who does not have, or Mr. ASHCROFT. Mr. President, I ask consent that all time be yielded back is not working toward attaining, a second- unanimous consent that reading of the ary school diploma or its recognized equiv- on the amendment. alent) amendment be dispensed with. The PRESIDING OFFICER. Without Mr. ASHCROFT. Mr. President, I The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. send an amendment to the desk, and I AMENDMENT NO. 4943 TO AMENDMENT NO. 4941 ask for its immediate consideration. The amendment is as follows: (Purpose: To provide that a state may sanc- In lieu of the matter proposed to be in- The PRESIDING OFFICER. The tion a family’s TANF assistance if the fam- clerk will report. serted by the amendment, insert the follow- ily includes an adult who fails to ensure ing: that their minor dependent children attend The bill clerk read as follows: ‘‘(8) NO ASSISTANCE FOR MORE THAN 5 school) The Senator from Missouri (Mr. ASHCROFT) YEARS.— Mr. ASHCROFT. Mr. President, I proposes an amendment numbered 4944 to (A) IN GENERAL.—Except as provided in send an amendment to the desk. amendment No. 4941. subparagraphs (B) and (C), a State to which The PRESIDING OFFICER. The Mr. ASHCROFT. Mr. President, I ask a grant is made under section 403 shall not unanimous consent that reading of the use any part of the grant to provide assist- clerk will report. ance to a family that includes an adult who The bill clerk read as follows: amendment be dispensed with. has received assistance under any State pro- The Senator from Missouri (Mr. ASHCROFT) The PRESIDING OFFICER. Without gram funded under this part attributable to proposes an amendment numbered 4943 to objection, it is so ordered. funds provided by the Federal Government amendment No. 4941. The amendment is as follows: July 22, 1996 CONGRESSIONAL RECORD — SENATE S8407 In the language proposed to be stricken by that children go to school and earn a the right kind of job training but they the amendment, strike all after the first degree. Government should certainly possess the fundamental characteristic word and insert the following: not be paying parents to let their kids of being educated in order to be able to REQUIREMENT FOR HIGH SCHOOL DIPLOMA OR EQUIVALENT.— play hooky and skip school. If you are take advantage of job training when it (A) IN GENERAL.—A State to which a grant on welfare, your kids should be in comes along. is made under section 403 shall not be prohib- school. Parents should not be co- A person over 18 without a high ited from sanctioning a family that includes conspirators in perpetuating their chil- school diploma averages $12,800 in earn- an adult who is older than age 20 and young- dren in a lifetime on and off of welfare, ings; with a high school diploma, er than age 51 and who has received assist- in and out of minimum-wage jobs, and $18,700 in earnings. A $6,000 difference ance under any State program funded under is the difference between dependence this part attributable to funds provided by irresponsibility. Children must go to the Federal Government or under the food school in order to break the cycle of and independence, the difference be- stamp program, as defined in section 3(h) of dependency, to change welfare from tween self-reliance and reliance on the Food Stamp Act of 1977, if such adult being a long-term condition into being Government. The U.S. Sentencing does not have, or is not working toward at- a transition. Commission determined that 40 percent taining, a secondary school diploma or its The amendment that I propose allows of the individuals who commit crimes recognized equivalent unless such adult has States—I repeat, allows States—to are individuals without high school di- been determined in the judgment of medical, sanction welfare recipients of the tem- plomas. The Commission also found psychiatric, or other appropriate profes- sionals to lack the requisite capacity to porary assistance to needy families that these individuals are responsible complete successfully a course of study that that do not ensure that their children for 50 percent of all drug violations. If would lead to a secondary school diploma or are attending school. It also allows people are going to receive welfare ben- its recognized equivalent. States to sanction food stamp recipi- efits, they should at least be working Mr. ASHCROFT. Mr. President, there ents who do not send their children to toward the fundamental equipping, en- are three basic thrusts that are under- school. Children who graduate from a abling, freeing achievement of having a taken in these amendments. They are welfare system should be armed with a high school education. the conversion of a system from being degree rather than with a habit of de- Mr. President, I would be pleased to- a system of conditioning people to be pendence. It is the key to self-reliance gether with the opponents of this dependent to transitioning people to be and success. amendment on the other side of the at work. We have watched, as the Nation has aisle to yield back the remainder of the The first thrust is that we would watched, the Olympics. We need our time. have a 24-consecutive-month limit on full team on the field whenever we The PRESIDING OFFICER. The Sen- welfare for those who refuse to work or play. Even ‘‘The Dream Team’’ would ator has yielded back the remain- get training at the end of the 24 have a tough time if they did not have der—— months. It seems to me that is some- the entire capacity of the team avail- Mr. DOMENICI. Mr. President, I need thing that the President of the United able as a resource. And yet we allow somebody from the other side of the States called for last week and which our citizens sometimes to ask for our aisle to yield back their time or we we ought to have. help and to persist in receiving it with- cannot proceed with any other amend- The second component of this strat- out equipping themselves, without ments. egy is to say that those who are on wel- making a commitment to themselves. Mr. CONRAD. We are willing to yield fare should have their children in The last component of my amendments back the time on this side. school. It is not something that is un- is really a way of saying if you are The PRESIDING OFFICER. All time known or mysterious. The fact of the going to be on welfare, you have to has been yielded back. matter is that high school dropouts av- have or be working toward a high Mr. DOMENICI. Mr. President, pursu- erage $12,809 a year, a poverty-level school diploma so you can work for ant to the previous understanding, I standard of living for a family of three. yourself and help yourself. believe the distinguished Senator is en- For an individual who has a high It is no mystery. States may require titled to offer his amendment at this school degree, the average is $18,737, a that temporary assistance to needy point. 46-percent higher income than the av- families and food stamp recipients AMENDMENT NO. 4945 erage for dropouts. work toward attaining a high school (Purpose: To expand State flexibility in Half of those arrested for drug viola- diploma or its equivalent as a condi- order to encourage food stamp recipients tions in 1995 did not have a high school tion of receiving welfare assistance. to look for work and to prevent hardship) diploma. And the preponderance of all This requirement would not apply if an Mr. CONRAD. Mr. President, I would crimes, 40 percent of all crimes, were individual was determined in the judg- call up my amendment that is at the committed by those who did not finish ment of medical, psychiatric, or other desk. The PRESIDING OFFICER. The high school. It is time for us to ask appropriate professionals to lack the clerk will report. those who are involved in the welfare requisite capacity to attain a high The bill clerk read as follows: system by way of receiving benefits school diploma or GED. The Senator from North Dakota [Mr. under temporary assistance to needy During the debate this year in the CONRAD], for himself and Mr. LEAHY, pro- families to make sure that their chil- Senate, Senator SIMON once said, ‘‘We poses an amendment numbered 4945. can have all the job training in the dren are in school. Mr. CONRAD. Mr. President, I ask A high school degree is a key to es- world, but if we do not face the prob- unanimous consent that reading of the caping from the welfare trap. Statistics lem of basic education, we are not amendment be dispensed with. show that it keeps kids out of jail. going to do what we ought to do for The PRESIDING OFFICER. Without Every parent has a principal and pri- this country.’’ objection, it is so ordered. mary responsibility to make sure their I cannot agree more with that state- The amendment is as follows: ment. It does not pay us to provide job children receive the kinds of fun- On page 6, strike lines 14 through 16 and in- damentals that will allow them to fend training upon job training upon job sert the following: for themselves. Every child can attend training when welfare recipients have Section 5(d)(7) of the Food Stamp Act of school in America. Every child can not achieved proficiency in the fun- 1977 (7 U.S.C. 2014(d)(7)) is amended by strik- earn a high school diploma. It costs damental underlying skills of mathe- ing ‘‘21 years of age or younger’’ and insert- nothing but commitment and respon- matics, English, and reading which ing ‘‘19 years of age or younger (17 years of sibility. Too often this opportunity is provide people with the tools to benefit age or younger in fiscal year 2002)’’. from job training and to assimilate On page 21, line 3, strike ‘‘$5,100’’ and in- ignored—even trashed. Teens drop out sert ‘‘$4,650’’. of school, grade school, or skip classes. changes in the job market. We do not On page 49, line 3, strike ‘‘10’’ and insert This is a tragic waste of a precious re- have jobs and crafts that do not ‘‘20’’. source, one on which our culture must change. They all have new processes On page 49, line 12, strike ‘‘1 month’’ and rely. and new procedures. As technology insert ‘‘2 months’’. All of our Government institutions marches on, it is important to make The PRESIDING OFFICER. The Sen- should do everything possible to ensure sure that individuals cannot only get ator from North Dakota. S8408 CONGRESSIONAL RECORD — SENATE July 22, 1996 Mr. CONRAD. I thank the Chair. cumstances beyond their control. Sen- from food if they have not been able to I am joined in this amendment by my ator LUGAR continues on that in behalf find a job in 4 months. This amend- colleague from Vermont, Senator of the Agriculture Committee, he finds ment gives States the option to provide LEAHY, the ranking member of the Sen- the offsets acceptable and the amend- food for people who are unable to find ate Agriculture Committee. This ment acceptable. a job within 4 months, at least 20 per- amendment addresses a serious prob- So at this point I want the Senator cent they can exempt as hardship lem with the food stamp provisions of to know I am going to yield back all cases, and they can count 2 months of the welfare bill that is before us now. the time we have in opposition and in- looking for work as part of work. As I describe our amendment, I would dicate for the RECORD we are willing to As I already mentioned and as the like to bring my colleagues’ attention accept the amendment. chart serves to remind us, in addition to the chart beside me and the number Mr. CONRAD. I appreciate that from to the number of people cut off the 600,000 because that is the impact of the able manager of the bill. I will just Food Stamp Program because of the the food stamp provisions before us; proceed briefly to outline the rationale tightened eligibility requirements and 600,000 Americans will lose eligibility for the amendment and then yield back work registration requirements, the each month under the provision that is our time as well. Congressional Budget Office has esti- in the bill before us. Mr. President, everybody here agrees mated the welfare bill before us will The 600,000 estimated by the Congres- that work is important and that food cut 600,000 people off of food stamps sional Budget Office is to be the num- stamp benefits should be temporary. each month because they cannot find a ber of people who would be terminated But the work requirement provision in job within the 4-month time limit. from the Food Stamp Program in any the pending welfare bill would have the These 600,000 people will then be at risk given month because they are unable unintended effect of preventing people of going hungry, more worried about to find a job within the 4-month time who want to find work from securing a finding their next meal than finding a limit provided for in this legislation. job. How can my colleagues seriously job. Our amendment insists on work, and argue that people can be expected to I cannot believe that is what we are that is as it should be. But it promotes find a job, to sit through an interview about here in the U.S. Senate. Accord- State flexibility by giving States an when they have not eaten? It does not ing to a study done in 1993, 83 percent option to assist people who would oth- work. I understand and support the of the people who would be affected by erwise be at risk of going hungry. Our work ethic in America, but I also be- this draconian provision are below 50 percent of the poverty line. We are amendment achieves these goals in two lieve our society has achieved a level of talking about folks who do not have ways. First, the amendment would ex- decency where we will not deny food anything. Now we are going to say to pand the State option to exercise a assistance to people who have been un- them, ‘‘If you do not get a job within 4 hardship exemption. The amendment able to find a job in just 4 months. months, you do not get to eat’’? I can- increases the hardship exemption from The reason I felt it was important to offer this amendment is I have dealt not believe we are going to do that. 10 percent to 20 percent of the eligible I am all for strong work require- with people who are in this exact cir- population and makes it consistent ments. I introduced my own welfare re- cumstance. I remember very well a with the AFDC block grant. form bill that had the toughest work young fellow who worked construction Simply stated, we are allowing requirements of any bill before us. But in my State—very frankly, not the States, instead of being able to declare this is not a work provision. This is a smartest guy in the world, and he had 10 percent of their eligible population hunger provision. We are talking about a hard time finding work, but he was hardship cases not bound by the 4- food for people who cannot find a job. I able to work construction. He was a month limit, to increase that at State think it is entirely reasonable to give strong kid and he was able to work in option to 20 percent. States the option to continue food Second, the amendment allows that way. But the construction season stamp coverage for an additional States to count job search as work for in my state is not very long. You are month of intensive job search, to help 2 months instead of the 1 month pro- lucky if you can be in construction 6 make sure that poor people complete vided in the bill before us. I want to be months out of the year in North Da- the transition from welfare to work. clear to my colleagues that the cost of kota some years. The Senate-passed welfare reform this amendment is fully offset over the This young fellow would work during bill that was supported by 87 Senators 6-year budget period. The Agriculture the construction season, which usually contained 6 months of food stamp eligi- Committee will still be in full compli- starts in April in North Dakota, but bility for people in this category. Bi- ance with its budget reconciliation tar- come winter, November, the construc- partisan efforts to reform the welfare get. tion season ended. He was not able to system, including the Chafee-Breaux Mr. DOMENICI. Will the Senator find additional work. And I tell you, he approach and the Specter-Biden pro- yield? came from a family that had next to posal, also contained a 6-month food Mr. CONRAD. I would be happy to nothing. He had next to nothing, lived stamp time limit. These are far more yield to my colleague if we do not have in a very modest basement apartment, humane and realistic provisions. an interruption. and that fellow needed some help dur- Mr. President, for those who think Mr. DOMENICI. I want to use my ing the winter to eat. That is just the the majority of people affected by this time. reality of the circumstance. provision are just scamming the sys- Mr. President, in behalf of the distin- Under this legislation, after 4 tem and are not interested in working, guished chairman of the Agriculture months, that guy would not get any let me put this in perspective by trans- Committee, I understand the amend- help. Is that really what we want to do lating it into dollar terms. Under the ment offered by Senator CONRAD allows in America? Is that really what we Food Stamp Program, the maximum States to exempt up to 20 percent of want to do? We want to say to some- level of benefits for a single person is the able-bodied 18 to 50-year-olds from body, if you cannot find a job in 4 $119 a month. That is about $4 a day. the work requirement and allow up to months, you do not get any food assist- The Congressional Budget Office esti- 2 months of job search per year to ance? Is that what we have come to in mates that every one of the 600,000 who count as work. this country? I find that hard to be- cannot find a job would accept job Mr. CONRAD. That is correct. lieve. training or a work slot if one was Mr. DOMENICI. I believe the Food I really must say to my colleagues, if available through the Food Stamp Em- Stamp Program should have a strong that is where we are, then something is ployment Training Program. These work requirement as the Senator has radically wrong in this country. Amer- 600,000 people are, consequently, receiv- indicated. I am now speaking in behalf ica is better than that. We are a ing less than $4 a day in food stamps. of the chairman of the Agriculture wealthy nation, with a rich and abun- I ask my colleagues to think seri- Committee. Senator LUGAR under- dant food supply. We should not know- ously about what this means, less than stands the Senator’s concern about the ingly adopt a national policy which $4 a day in food stamps. Does it not individuals who are willing to work promotes hunger. Certainly we should make sense if there were actually min- may be unable to find a job due to cir- promote work, but not cut people off imum wage jobs available for $4.25 an July 22, 1996 CONGRESSIONAL RECORD — SENATE S8409 hour that individuals would work at lations, small communities, and jobs AMENDMENT NO. 4946 these jobs? Why would anyone trade a are scarce in some of these areas. An (Purpose: To add provisions to reduce the $4.25-an-hour job for $4 a day in food individual who has worked hard for 20 incidence of statutory rape) stamps? I do not think the vast major- years in a small business in a rural Mr. DOMENICI. Mr. President, on be- ity of people would make that kind of area, and maybe that business fails, half of Senator LIEBERMAN, I send an trade. Clearly, we are talking about now this person may be willing to work amendment to the desk. This amend- circumstances in which those jobs are all night and all day if given the ment has been agreed to on both sides. not available. People cannot find those chance, but the harsh reality is he or I ask unanimous consent that it be jobs. This is not a case of they are bet- she may not be able to find a job. The agreed to and that the motion to re- ter off taking welfare than taking a job truth of the matter is, it may take consider be laid upon the table. for $4 in food assistance. You would be more than 4 months for a new business The PRESIDING OFFICER. Without much better off, clearly, with $4 an to come to that community. objection, it is so ordered. The clerk hour in a job. We need to give States the option to will report the amendment. Before I close, I want to spend just a offer food assistance to hard-working The assistant legislative clerk read minute talking about the hardship ex- people who experience extreme hard- as follows: emption. Again, I share the view of ship. It is wrong to force States to cut The Senator from New Mexico [Mr. DOMEN- those who believe we must set limits these people off from food assistance. ICI], for Mr. LIEBERMAN, proposes an amend- and push people from welfare to work. Instead, we should give States the ment numbered 4946. But I think it is important to recognize flexibility to continue to provide food Mr. DOMENICI. Mr. President, I ask there are people who just do not have stamps to a limited number, up to 20 unanimous consent that the reading of the skills to find a job, or else have percent of individuals who face some the amendment be dispensed with. some personal hardship that means special hardship, Mr. President, 20 per- The PRESIDING OFFICER. Without they will not be employed after 4 cent of the eligible population, instead objection, it is so ordered. months on food stamps. Every one of of 10 percent that is in the underlying The amendment is as follows: us know people who, frankly, are mar- bill. Section 2101 is amended— ginal in the employment arena. They Mr. President, it may not be politi- (1) by redesignating paragraphs (7) through cannot find work. They are not edu- cally popular to care about adults who (9) as paragraphs (8) through (10), respec- cated, they are not trained, they may are hungry and cannot find a job, but I tively; have one or more disabilities. want my colleagues to think about (2) in paragraph (10), as so redesignated, by It is important, I think, also, to con- what it would be like to be without inserting ‘‘, and protection of teenage girls sider the devastating effects of natural food. We are not talking here about the from pregnancy as well as predatory sexual luxuries. We are talking about food. It behavior’’ after ‘‘birth’’; and disasters or economic downturn on a (3) by inserting after paragraph (6), the fol- particular area, which may make it dif- strikes me it is bad policy, and bad for lowing: ficult for people to find employment in the country, to knowingly create a (7) An effective strategy to combat teenage 4 months. If you have a natural disas- class of desperate people across the pregnancy must address the issue of male re- ter like a hurricane, tornado, earth- country, struggling for the most basic sponsibility, including statutory rape cul- quake, or a series of disasters as we human necessity, food. pability and prevention. The increase of have seen in California, all of a sudden Fundamentally, it does not make teenage pregnancies among the youngest an area may not have much in the way sense to deny food to people who are girls is particularly severe and is linked to working hard to find a job and cannot predatory sexual practices by men who are of employment. People may not be able significantly older. to find a job. find one. These people are less, not (A) It is estimated that in the late 1980’s I think it is also important for us to more likely to find a job if they are the rate for girls age 14 and under giving understand this issue affects urban spending their time trying to find their birth increased 26 percent. areas and could cause increased ten- next meal instead of trying to find (B) Data indicates that at least half of the sions in some of America’s biggest their next job. children born to teenage mothers are fa- cities. A recent study showed that for I ask my colleagues to join me in giv- thered by adult men. Available data suggests every McDonald’s opening in New York ing States additional flexibility to con- that almost 70 percent of births to teenage City, there were 14 applicants. They tinue to provide food assistance to peo- girls are fathered by men over age 20. ple who are unable to find work within (C) Surveys of teen mothers have revealed wanted to work, wanted to have a job. that a majority of such mothers have his- For whatever reason, they were not the 4 months provided for in this legis- tories of sexual and physical abuse, pri- able to find a job. That circumstance lation. marily with older adult men. has improved because the national Mr. President, I yield the floor. Section 402(a)(1)(A) of the Social Security economy has improved, but we all The PRESIDING OFFICER. If there Act, as added by section 2103(a)(1), is amend- know the economy is subjected to cy- be no further debate, the question is on ed— cles. Sometimes it is good and strong agreeing to the amendment. (1) by redesignating clauses (vi) and (vii) as and sometimes it is not so good, not so The amendment (No. 4945) was agreed clauses (vii) and (viii), respectively; and to. (2) by inserting after clause (v), the follow- strong. ing: What are we going to say to people Mr. CONRAD. Mr. President, I move to reconsider the vote, and I move to ‘‘(vi) Conduct a program, designed to reach who cannot find a job after 4 months? State and local law enforcement officials, We are going to deny them food lay that motion on the table. The motion to lay on the table was the education system, and relevant counsel- stamps? What are we telling them? ing services, that provides education and agreed to. training on the problem of statutory rape so Telling them to go to the garbage can The PRESIDING OFFICER. Who to find something to eat? that teenage pregnancy prevention programs yields time? may be expanded in scope to include men. I have people right now going Mr. CONRAD. Mr. President, I sug- through my neighborhood who are Section 2908 is amended— gest the absence of a quorum. (1) by inserting ‘‘(a) SENSE OF THE SEN- looking in garbage cans trying to find The PRESIDING OFFICER. The ATE.—’’ before ‘‘It’’; and something to eat, and my neighbor- clerk will call the roll. (2) by adding at the end the following: hood in this town is eight blocks from The assistant legislative clerk pro- (b) JUSTICE DEPARTMENT PROGRAM ON where we are right now, eight blocks ceeded to call the roll. STATUTORY RAPE.— due east of the Capitol of the United Mr. DOMENICI. Mr. President, I ask (1) ESTABLISHMENT.—Not later than Janu- States. I have people every day going unanimous consent that the order for ary 1, 1997, the Attorney General shall estab- through my neighborhood, going the quorum call be rescinded. lish and implement a program that— through garbage cans. If we want more The PRESIDING OFFICER. Without (A) studies the linkage between statutory rape and teenage pregnancy, particularly by of it, I suppose we just stick with what objection, it is so ordered. predatory older men committing repeat of- is in the underlying bill. Mr. DOMENICI. Mr. President, I have fenses; and I might say it is not just urban areas, two amendments by Senator (B) educates State and local criminal law but rural areas as well. There are parts LIEBERMAN which we are going to ac- enforcement officials on the prevention and of my State which have very low popu- cept. prosecution of statutory rape, focusing in S8410 CONGRESSIONAL RECORD — SENATE July 22, 1996 particular on the commission of statutory The PRESIDING OFFICER. Without some point following the presentation rape by predatory older men committing re- objection, it is so ordered. by the Senator from Arkansas, and I peat offenses, and any links to teenage preg- Mr. DORGAN. If I might ask the very much appreciate his indulgence. nancy. manager of the bill, Senator BYRD and Mr. DOMENICI. Mr. President, will (c) ‘‘VIOLENCE AGAINST WOMEN INITIA- TIVE.—The Attorney General shall ensure I would like to introduce a piece of leg- the Senator yield for a moment? that the Department of Justice’s Violence islation. Inasmuch as I see no other Mr. BUMPERS. Yes. Against Women initiative addresses the issue Member seeking recognition to offer an Mr. DOMENICI. This is child support of statutory rape, particularly the commis- amendment to the pending business, I regarding Indians? sion of statutory rape by predatory older ask unanimous consent to proceed as if We passed it on voice vote on Thurs- men committing repeat offenses. in morning business with the under- day. The PRESIDING OFFICER. The standing that if additional amend- Mr. BUMPERS. Will the Senator re- amendment is agreed to. ments become available, we—— peat that. I am sorry; I did not hear The amendment (No. 4946) was agreed The PRESIDING OFFICER. Is there him. to. objection? Mr. DOMENICI. I just addressed the Mr. DOMENICI. Mr. President, that Mr. DOMENICI. Reserving the right amendment sent to the desk. was an amendment to minimize the in- to object, could you give us an esti- Mr. DORGAN. It is a different cidence of statutory rape that is occur- mate as to how much time you might amendment. It deals with the 3 percent ring in the United States. use? set aside, and I do not believe it has AMENDMENT NO. 4947 Mr. DORGAN. I ask for 30 minutes been passed. (Purpose: To require States which receive and would expect not to use the entire Mr. DOMENICI. Could we have the grants under title XX of the Social Secu- 30 minutes. amendment? rity Act to dedicate 1 percent of such Mr. DOMENICI. Mr. President, I will I thank the Senator. grants to programs and services for mi- not object so long as the Senator would The PRESIDING OFFICER. The Sen- nors) add that the time used, even though it ator from Arkansas. Mr. DOMENICI. Mr. President, I have is as in morning business, would be AMENDMENT NO. 4936 a second amendment on behalf of Sen- charged against the time remaining on Mr. BUMPERS. Mr. President, the ator LIEBERMAN. I make the same the bill. amendment being offered by Senator unanimous-consent request. I ask The PRESIDING OFFICER. Without GRAHAM of Florida and me is the same unanimous consent that this amend- objection, it is so ordered. one we offered last year. It might have ment be agreed to and that the motion Mr. DORGAN. Mr. President, I thank a few minor changes in it, but essen- to reconsider be laid upon the table. the Chair. tially it simply says that the block I send the amendment to the desk. (The remarks of Mr. DORGAN and Mr. grant formula in this welfare bill The PRESIDING OFFICER. Without BYRD pertaining to the introduction of should be changed to take into consid- objection, it is so ordered. The clerk S. 1978 are located in today’s RECORD eration the number of poor children in will report. each State. The assistant legislative clerk read under ‘‘Statements on Introduced Bills I am not very crazy about this bill to as follows: and Joint Resolutions.’’) Mr. BUMPERS addressed the Chair. begin with, but I cannot possibly vote The Senator from New Mexico [Mr. DOMEN- The PRESIDING OFFICER (Mr. for a bill that discriminates against ICI], for Mr. LIEBERMAN, proposes an amend- ment numbered 4947. MACK). The Senator from Arkansas. the State of Arkansas to the extent Mr. BUMPERS. Mr. President, the this one does. It is not just Arkansas, Mr. DOMENICI. Mr. President, I ask Senator from Florida, Senator GRA- it is particularly Southern States, but unanimous consent that the reading of HAM, offered an amendment on behalf a lot of other States get caught up in the amendment be dispensed with. The PRESIDING OFFICER. Without of himself and the Senator from Arkan- it, too. objection, it is so ordered. sas Friday afternoon. Unhappily, I was Under the formula, the District of The amendment is as follows: not here and did not get a chance to Columbia will get $4,222 for each wel- speak on it. I would like to seize the fare recipient and the State of Arkan- Section 2903 is amended— (1) by inserting ‘‘(a) IN GENERAL.)—’’ before opportunity now to just make a few re- sas will get $390. Why is a child in the ‘‘Section’’; and marks. District of Columbia worth 11 times as (2) by adding at the end the following: Before doing that, I ask unanimous much as a poor child in Arkansas? (b) DEDICATION OF BLOCK GRANT SHARE.— consent that I be permitted to yield to That is a legitimate question, is it not? Section 2001 of the Social Security Act (42 the Senator from North Dakota to I will tell you the answer. The an- U.S.C. 1397) is amended— swer is, through the years, the Federal (1) in the matter of preceding paragraph allow him to lay down an amendment (1), by inserting ‘‘(a)’’ before ‘‘For’’; and without debate. Government has matched the States to (2) by adding at the end the following: The PRESIDING OFFICER. Without some percentage or another. It is not ‘‘(b) For any fiscal year in which a State objection, it is so ordered. the same in every State. For example, receives an allotment under section 2003, AMENDMENT NO. 4948 in my State, because we are a rel- such State shall dedicate an amount equal to (Purpose: To strike provisions relating to atively poor State, we get a big match, 1 percent of such allotment to fund programs the Indian child care set aside) I think 73 to 75 percent. So for every and services that teach minors to— ‘‘(1) avoid out-of-wedlock pregnancies; Mr. DORGAN. Mr. President, I send dollar we put up, we get about $3 from and’’. an amendment to the desk sponsored the Federal Government. The District The PRESIDING OFFICER. The by myself and cosponsored by Senator of Columbia does not do quite as well. amendment is agreed to. MCCAIN and Senator INOUYE. But the reason the District of Colum- The amendment (No. 4947) was agreed The PRESIDING OFFICER. The bia gets such a staggering amount of to. clerk will report. money per child is because they have Mr. DOMENICI. Mr. President, the The legislative clerk read as follows: used a tremendous amount of their re- subject matter of this amendment is a The Senator from North Dakota [Mr. DOR- sources to put into the AFDC Program. 1 percent setaside from the social serv- GAN], for himself, Mr. MCCAIN, and Mr. That is perfectly laudable and I am ices block grant which has been agreed INOUYE, proposes an amendment numbered not criticizing the District of Colum- to on our side by the respective chair- 4948. bia. But I will tell you something, and man of the committee. Mr. DORGAN. Mr. President, I ask it gives me no joy to say it publicly, I I suggest the absence of a quorum. unanimous consent that reading of the come from a State which has one of the The PRESIDING OFFICER. The amendment be dispensed with. lowest per capita incomes in the Na- clerk will call the roll. The PRESIDING OFFICER. Without tion. We are a poor State. We have The assistant legislative clerk pro- objection, it is so ordered. been ever since the War Between the ceeded to call the roll. The amendment is as follows: States. We have tried everything in the Mr. DORGAN. Mr. President, I ask In section 2813(1), strike subparagraph (B). world and continue to strive to do ev- unanimous consent that the order for Mr. DORGAN. Mr. President, I intend erything we can to improve the plight the quorum call be rescinded. to discuss this amendment briefly at of our people. We tried to improve our July 22, 1996 CONGRESSIONAL RECORD — SENATE S8411 economy so there would be more jobs not say, ‘‘If you kick those people off So, I do not have any trouble voting and better paying jobs, and in the past welfare we are going to quit giving you against this bill, especially because it several years we have met with some the money for that family.’’ We con- discriminates against my State in a to- success. But we are not New York, tinue to give them the money for the tally unacceptable way. I know my California, or New Jersey in per capita family. So there is an incentive to the State. I was Governor of my State. I income. States, if they have any difficulty at know where the money comes from, The reason this bill is fundamentally all with the program, to kick people and I know where it goes. We have flawed and unfair is because it says to off, knowing they are going to continue areas along the Mississippi River, you, the State of Arkansas, this is to get the same amount of money. which we call the delta, and if we are what you have received for the last 3 I do not want to take too much time. going to pass a bill to alleviate the tax years, 1991 through 1994, and that is I know there is not a lot of time be- burden on people in the District of Co- what you are going to continue to re- tween now and 2 o’clock when we go to lumbia because their people are mov- ceive. In short, if you were poor, no the agricultural appropriations bill. ing out because of crime or the tax rate matter how hard you tried to do better But one of the most troubling things or something else, I want to include under the AFDC program, if you were about this bill, completely aside from the delta. poor and simply could not do it, it is this grossly unfair funding formula, is I can tell you, you will not find an tough. that I have heard people in the U.S. inner city in America with more de- What does this bill do? It says we are Senate and in Congress say things that plorable poverty than you will find in locking you in on the basis of what you are so punitive in nature. It is as the delta of Mississippi and Arkansas. got during that 3-year period. I do not though we are passing this bill to pun- So I want them to have the same care if you had floods, tornadoes, if you ish people for being poor. You can call break. had a wave of immigrants move into that bleeding heart liberalism—call it As I say, if we were not struggling to your State, which brings a lot of pov- whatever you want to call it. I am not do the best we can, I would not object. erty to States like Florida, you are for keeping people on the welfare cycle. But we do not have the money that still going to get what you got for 3 I am for reforming welfare, to make New York, New Jersey, California, and other States have to put into this pro- years, on average. There is a little 21⁄2 jobs a lot more attractive to those peo- gram. It is not just Arkansas. Mr. percent ‘‘gimmie’’ in the bill, but not ple. I am for reforming welfare so President, your home State of Florida, enough to amount to anything. women can have day care for their chil- as you know all too well without me One of the things that really is a dren and get job training and find a saying it, will lose $1 billion under this travesty in this bill is the treatment of job, preferably one that provides health AFDC administrative costs. I hate to bill. care so we do not have to pay for Med- The two Senators from Texas voted say these things because I am not icaid for them. against the Graham-Bumpers proposal jumping on other States. I am simply But in the debate, just to use my own last year—and I assume they will do it trying to defend my own. But look State as an example, there is sort of again—and it cost the State of Texas $3 what has happened in New York and the suggestion that the youngsters, the billion. And on it goes. It is a grossly New Jersey. The nationwide average, babies that are born in College Station, unfair formula. It is indefensible. in 1994, of administrative costs for ad- AR, which is an unspeakably poor area, In this morning’s New York Times, ministering the program we have now have the same opportunities as the my position is vindicated at least by was $53.42. During that same period of children born in Pleasant Valley, our one columnist, David Ellwood, who is time, the average cost of administering most affluent suburb. And everybody professor of public policy at Harvard the program in New York was $106.68 who does not happen to make it as well School of Government. He says, and and in New Jersey $105.26. What do we as the people in Pleasant Valley, some- this is just a portion of it: do under this bill? We lock that admin- how or another we seem to think they States would get block grants to use for istrative cost in and say we will con- are lowdown. welfare and work programs. But the grants tinue to compensate you, no matter I said on the floor before and I will for child care, job training, workfare, and how inefficient you may have been. say it again, my brother went to Har- cash assistance combined would amount to I am sorry the Senator from West vard Law School, courtesy of the tax- less than $15 per poor child per week in * ** Virginia left the floor. The average ad- payers of the United States on the GI Mississippi and Arkansas. ministrative cost for administering the bill. We have a little difficult time Mr. President, $15 a week for all of AFDC Program in West Virginia is sometimes discussing these issues, but those things. $13.34, and that is what they are going I remind him that it was more than Mr. DOMENICI. Will the Senator to get through the year 2000 if this bill Harvard Law School that made him yield for a question? passes, while New York will be receiv- successful. Mr. BUMPERS. I will be happy to ing eight times as much. We are going I would not be a U.S. Senator if I had yield. to give them that, lock them in, no not been able to go to a good law Mr. DOMENICI. Does that not mean matter how inefficient they may be in school, like Northwestern, also com- that is what they are getting now? administering the program. pliments of the U.S. Government, who Mr. BUMPERS. I beg your pardon? Mr. DOMENICI. Does that not mean One of the interesting things about paid for all of it, except what Betty that is what they are getting now? this bill was pointed out in the New made working. Mr. BUMPERS. It means that is what So I remind my brother about the York Times this morning. Let us take they have gotten as an average for 1991 largess of the Federal Government, my State as an example, and let us as- and 1994. sume push comes to shove and we are which I have been trying to pay back Mr. DOMENICI. Are you suggesting running out of money, we are suddenly all of my life, by thanking the tax- it is appreciably better than 1994? not going to be able to continue. The payers, being a good public servant, Mr. BUMPERS. Well, I am sure it is Federal Government says, ‘‘That’s and doing my dead-level best to make somewhat better. tough, we gave you the block grant, this a better country for my children Mr. DOMENICI. Will the formula be- you have to live with it. We do not care and grandchildren to grow up in. But I come more satisfactory if it was how many poor children you have, we also remind my brother that we were brought to 1995? I do not think we got are going to give you what you got as also fortunate because we chose our the evidence. My point is, however we an average between 1991 and 1994, and parents well. These AFDC children did go—I do not know which way the Sen- you will live with it. Do not come back not choose their parents well. Some- ate is going to go—the truth of the up here with your hand out.’’ how there is a certain vindictiveness, a matter is, those poor children you are Do you know what they allow the punitive aspect to this bill toward speaking of in those two States are not States to do? Kick people off welfare. those children, a lot of whom are going getting very much now. That is the Each State can make it’s work require- to suffer under the terms of this bill, reason they are not going to get very ments as stringent as they want to and suffer a lot, because they had the much under this bill. make them. What does the Federal temerity not to choose their parents Mr. BUMPERS. They are not going Government do in such a case? We do well. to get very much, but why do you want S8412 CONGRESSIONAL RECORD — SENATE July 22, 1996 to lock in an inequity? You say it has Energy Committee, on which I sit, States would get block grants to use for always been unequal but want to lock when we were dealing with the Bound- welfare and work programs. But the grants it in? ary Water Canoe Wilderness Area, for child care, job training, workfare and Mr. DOMENICI. I did not say that. I about 1,100 lakes along the Minnesota- cash assistance combined would amount to less than $15 per poor child per week in poor wanted to make sure the RECORD re- Canadian border. I went out there in Southern states like Mississippi and Arkan- flected when you expressed yourself— 1978 for Wendy Anderson, who was serv- sas. Moving people from welfare to work is and I have great respect for you. You ing in the Senate from the State of hard. On $15 a week—whom are we kidding? are representing a cause and an ap- Minnesota at the time and with whom Governor Thompson says he can make re- proach that ought to be looked at care- I served as Governor. The Boundary form succeed with block grants. But the leg- fully. But when you say they are only Water Canoe Wilderness Area came up islation provides more than three times as going to get $15 on average, it has to be the year Wendy was running for re- much money per poor child in wealthier made clear they are not getting much election. It was a big political issue. states like Wisconsin, California and New York as it does for many states with much more than $15 now. Wendy lost his seat, not for that reason higher levels of poverty. Even if they wanted Mr. BUMPERS. That’s true, they are only. But he lost plenty of votes be- to, there is no way poor states could carry not getting much more than that. I can cause of the Boundary Water Canoe out plans like Governor Thompson’s. tell you the number of poor children in Wilderness Area dispute. States cannot and will not do the impos- my State is higher by far than the na- Now we have another big Boundary sible. The legislation gives them an out. tional average. Water Canoe Wilderness Area dispute They may set time limits of any length and What I am saying is that if you want in Minnesota. I am not taking sides on simply cut families off welfare regardless of to address the problems of poor people, that necessarily, but there are a lot of their circumstances—and still get their full Federal block grants. go where the poor people are, not ads being run in Minnesota right now. It won’t matter if the people want to work. where the people are more affluent. I said in the committee—and I mean It won’t matter if they would happily take That is the reason I object; I object to it—I will do everything I can to keep a workfare jobs so they could provide some- these staggering sums going to the bill of this kind from passing this year, thing for their families. It won’t matter if other States. because it is entirely too important for there are no private jobs available. In 1994, Arkansas had a terrible Med- the U.S. Congress to be dealing with in States may want to offer workfare jobs, icaid shortage of funds. We could not an election year. but limited Federal grants may preclude That is exactly the way I feel about that. People who are willing to work but are come up with our matching share to unable to find a job should not be abandoned. the extent that was necessary to pro- this welfare bill. It ought to be passed If they are, what happens to their children? vide health care for all of our poor chil- next year, not now in an election year What is dangerous about the Republican dren. Do you know what the State leg- where everybody is trying to grow hair legislation is not that it gives states the lead islature did under the Governor’s lead- on their chest to prove they are tough- or reduces Federal rules. States really are ership? They passed one of the most er on welfare than everyone else. But the source of most creative work on true re- unpopular taxes you can pass in any we are not going to wait. As a con- form. Witness the approximately 40 states State. It was a nickel a bottle on soft sequence, we are getting ready to pass for which some Federal regulations have been waived. drinks, and the money it raised kept us a bad bill. Mr. President, I ask unanimous con- It is worrisome that this legislation places from kicking people out of nursing new and often mean-spirited demands on homes, and it kept us from having poor sent that the article by David T. states while changing the social and finan- children on the streets who need health Ellwood in the New York Times be cial rules of the game in a way that strongly care and are not able to get it. printed in the RECORD. encourages cutting support rather than get- That is the reason I am complaining There being no objection, the article ting people jobs. today. It was a monumental effort on was ordered to be printed in the What is particularly distressing about the the part of Arkansas to come up with RECORD, as follows: pre-election rush to enact legislation is that WELFARE REFORM IN NAME ONLY significant reform is finally starting at the our share of the money so we could state level, with active support from the (By David T. Ellwood) take care of our children. Clinton Administration. Some remarkably So here we have a formula that says BONDURANT, WY.—I have spent much of my exciting ideas (as well as some alarming in the future you are going to get $390 professional life seeking to reform welfare. I ones) are being tried. There is no evidence a year per poor child. And there are 38 have worked with Republican and Demo- that a lack of Federal legislation has seri- additional States that will be hurt by cratic governors. And until I returned to ously slowed this momentum. academia a year ago, I was fortunate to be a Indeed, President Clinton has talked about this bill. You would think it would be co-chairman of President Clinton’s welfare adopted with flying colors. issuing an executive order requiring states reform effort. I deeply believe that the well- to put people to work after two years—with- If I may continue with the article being of the nation’s children depends on out new legislation and without any danger from Mr. Ellwood of the New York real reform. We must turn away from the of sizable rises in child poverty or major ben- Times: failed system focused on determining eligi- efit cuts. Passing the legislation now in Con- Governor Thompson says he can make re- bility and check writing and create a new gress seems far more likely to slow reform form succeed with block grants. But the leg- one based on work and responsibility. than speed it—and it could result not in But the Republican bills in the House and islation provides more than three times as greater independence of poor families but in Senate are far more about budget-cutting much money per poor child in wealthier a spiral of ever-increasing desperation. than work. Bathed in the rhetoric of reform, States like Wisconsin, California, and New Welfare politics has turned ugly. Rhetoric they are more dangerous than most people York as it does for many States with much has replaced reality: saying a bill is about realize. No bill that is likely to push more higher levels of poverty. Even if they wanted work or that cuts are in the best interests of than a million additional children into pov- to, there is no way poor States could carry children does not make it so. Apparently the erty—many in working families—is real re- out plans like Governor Thompson’s. legislation is being driven by election-year form. fears. But members of Congress and Presi- Here is a man who spent his entire Proponents claim the bills are about work, dent Clinton need to stand up for our chil- and the legislation does obligate states to re- life studying this problem. He closes dren. These bills should not be passed. And if quire large numbers of recipients to work. this article by saying: legislation like this is adopted, I hope the Fair enough. Serious work requirements are Welfare politics has turned ugly. President vetoes it in the name of real wel- crucial to meaningful change. But it’s one Rhetoric has replaced reality: saying a bill fare reform. thing to write work into legislation, and it’s is about work or that cuts are in the best in- Mr. BUMPERS. Mr. President, I yield terests of children does not make it so. Ap- another to get recipients jobs. Gov. Tommy Thompson of Wisconsin, a Re- the floor. parently the legislation is being driven by publican, has emphasized that reform often election-year fears. But Members of Congress Mr. DOMENICI addressed the Chair. involves spending more, not less, money on and President Clinton need to stand up for The PRESIDING OFFICER. The Sen- things like job training and child care. In- our children. This bill should not be passed. ator from New Mexico. stead, the Congressional bills would make If legislation like this is adopted, I hope the Mr. DOMENICI. Mr. President, I am major cuts—reducing food stamps for the President vetoes it in the name of real wel- working poor, aid to disabled children and to certain that we will have some argu- fare reform. legal immigrants who are not yet citizens. ments in opposition to the amendment Mr. President, I spoke about elec- When the dust settles, there would not be for doing the formula differently than tion-year issues the other day in the much money for welfare reform at all. Senator BUMPERS has addressed. I am July 22, 1996 CONGRESSIONAL RECORD — SENATE S8413 trying to see if one of those who is this land when we debate Medicaid re- or Mississippi. We are not ever going to from the committee that wrote the bill form is that States cannot afford the get our act together when we have that would come down and do that. If not, I Medicaid Program we are telling them much disparity. I am not saying there will address the issue. to have. does not have to be effort, because ef- But I say, the part of your argu- Your State fell short of money a few fort is important. ment—I say this to Senator BUMPERS— years ago. Mine is short this year. Some of these States have made that says we ought to put this matter There is $21 million they do not have to monumental efforts. But effort is a off, I do not think so. I think you ought pay for the program in Medicaid. We comparative thing. We have made ef- to get your chance here to present your only match it with 25 cents on the dol- forts, too. Compared to some others case. I think we ought to proceed. lar. I do not know what yours is, but I maybe it was not as great. When the Part of the argument you make indi- would imagine, considering the profile Senator talks about how many poor cates that we have waited far too long of poverty, the demographics of pov- children there are in New York, I know to do something to reform this system erty, you are probably at a 25-percent the Senator is correct when he says and reforming the system in the con- match, meaning that the Feds pay there are probably more poor children text I am speaking of right now. I am most of it, but it is so expensive to pro- in New York than there are in Mis- not necessarily speaking about the vide the service under the current sys- sissippi, Alabama, and Arkansas put workfare approach. It is way past due tem the States cannot even pay for it. together. for that. If we think here the evolution of a But we are talking about poor chil- But essentially we have sat by for formula in transition was difficult for dren as a percentage of the population. years since AFDC, a cash program, welfare, it is much more difficult on We are talking about how many poor came into being decades ago. We have Medicaid because of the very same children you have compared to all the let it develop to the extent it has char- facts, plus the program is much, much children in the State or all the people acteristics of the type you are speaking more encompassing in terms of how in the State. When you get to that to. Obviously, poor States were given many billions of dollars it spent. Wel- point, New York is not in the running the option to have very poor programs. fare is a small program in terms of the with Arkansas. I want to say to the But if we would have told them, ‘‘You dollars spent on Medicaid, even in your Senator from New Mexico, I appreciate ought to have richer programs,’’ they State and my State. his comments. As I say, I have the ut- would have said, ‘‘We can’t afford any So it is not going to be easy to come most respect for his efforts to get this richer program.’’ up with a formula because we have let bill passed and all the effort he has A State like New York, which you them grow up side by side with States made in the past. I just happen to dis- speak of, has very, very high taxes. like New York and States like Arkan- agree with him. I yield the floor. They have had a very, very liberal ap- sas and States like Mississippi or New Mr. DOMENICI addressed the Chair. proach to taxing their people. Thus, Mexico. I take that back. New Mexico’s The PRESIDING OFFICER. The Sen- they can put up a lot of money for wel- welfare program is in the middle of the ator from New Mexico. fare. Since it is a high-pay State, they ranks. Its Medicaid is about in the mid- Mr. DOMENICI. I wonder if we could decided to have a very hefty welfare dle of the Nation. do this, I say to Senator BUMPERS. The program. As a matter of fact, they So I would have asked that Harvard time is 1 o’clock. We are going to be have plenty of poor people in spite of professor who wrote that article you finished and run out of time at 2 all that. quoted from—it sounded brilliant—I o’clock. I want to offer an opportunity I did not interrupt when you said we would ask—maybe he has done it—but for a couple of Senators who would be ought to put the money where the poor where is his welfare program? He says very adversely affected by the Sen- people are, but I would venture to say we ought to have welfare reform. We ator’s amendment to speak, not as long that there are far more poor people in need one. It is easy to say, throw one as the Senator did, but for some period the State of New York than there are out. We need one. We have to make of time. I am going to make one obser- in three or four of the States you spoke some decisions and get on with trying vation and then ask consent. of combined, certainly more than Ar- it. I yield the floor at this point. I say to Senators, they should know, kansas, Mississippi, States of that size. Mr. BUMPERS. I wonder if the Sen- for instance, under this amendment the Just because New York has a very ator would yield for a moment? Would State of Arkansas will have 151 percent high wage scale does not mean there the Senator yield for a unanimous con- increase; the State of Louisiana will are not a lot of poor people there. But sent request? have 170 percent; New Mexico would the problem is, we are confronted with Mr. DOMENICI. I would be pleased have an increase of 3 percent; Califor- a welfare program that grew in an en- to. nia would have a reduction of $1.2 bil- vironment where we asked States to Mr. BUMPERS. Let me make one lion, a 31 percent reduction, New York match. We gave them options as to how other observation, because I know the a reduction of 49 percent; Massachu- much they wanted to put into welfare. Senator has labored in the vineyard a setts, 50 percent; and on and on. I think We even gave them options of how long time on welfare. It is one of those some of those Senators might want to much they would pay the beneficiaries issues for which the time never seems come down and make their case as to and how much per child in a welfare right. I said we ought to do it next why the formula should be based on home. We have just left it there for year. We tried to do it last year, which what they have been putting into the years and did not do anything about it. was not an election year. It did not program during the immediate past Now we have States with hardly a work out. decade or so. program in terms of real dollars and But I think the Senator, for whom I Having said that, I ask unanimous States like New York, which has spent have the utmost respect—and when I consent we set aside the Bumpers a lot of money on the program. Sooner talk about Members of Congress that amendment, but from the Republican or later we have to decide, in reform, seem to lack some compassion, I am side we reserve up to 10 minutes of the what do we do about that? Perhaps you certainly not talking about my friend hour that we might have in rebuttal, suggest that you have a better idea on from New Mexico. I know he has la- and that Senator BUMPERS be allowed, what we do to make that a situation in bored long and hard for this. It is a if that occurs, an additional 5 minutes, the future that is not as bad as you see complex issue. The deeper I got into it if we use 10. it in the past. But this is not an easy on this amendment, the more complex Mr. BUMPERS. Either Senator GRA- one. Nor is it an easy one in Medicare. it became. HAM or myself. You addressed Medicare for a fleeting But I will say this—and I think the The PRESIDING OFFICER. Without moment about—— Senator would agree with me—you can- objection, it is so ordered. Mr. BUMPERS. Medicaid. not make a program like this work, Mr. BUMPERS. Mr. President, let me Mr. DOMENICI. Excuse me. Medic- not the way it ought to work, when, for make one other observation: According aid. About your State being unable to example, a child in Massachusetts or the charts Senator GRAHAM has com- pay. One of the things we are forget- New York or someplace else is worth 10 piled, I do not know where the Senator ting here in the United States and in times as much as a child in Arkansas got the figure that we will get such a S8414 CONGRESSIONAL RECORD — SENATE July 22, 1996 big increase. The truth is we will get AMENDMENT NO. 4949 dress the previous amendment that I $282 million less per capita over the (Purpose: To exempt certain individuals liv- offered that deals with the tribal child next 6 years simply because we are ing in areas of low labor market participa- care set-aside. I hope we perhaps might using the 1991 and 1994 formula. tion from the 5-year limitation on assist- be able to see this amendment accepted ance) Mr. DOMENICI. I will be happy to before we go to votes tomorrow. Mr. DORGAN. I offer this amend- make available the formula of the Con- The amendment I have offered on be- ment, and I send it to the desk. gressional Research Service, July 18, half of myself, Senator MCCAIN, and Mr. DOMENICI. I ask unanimous Senator INOUYE, restores the current 1996. This formula has a chart for the consent that the amendment be in increase in every State, and we just set-aside for Indian child care funding. order. The current set-aside is 3 percent of took your increase and put the per- The PRESIDING OFFICER (Mr. JEF- centage on it. That is where we got the child care development block FORDS). Without objection, it is so or- grant, which is now available to Indian that number. We will be happy to make dered. the chart available. tribes for child care. The welfare re- The clerk will report the amendment. form bill cuts that 3 percent down to 1 Mr. President, let me make one last The bill clerk read as follows: percent. point, then we will move to the next The Senator from North Dakota [Mr. DOR- The funds the Indian tribes are now amendment. I use this time off the bill. GAN], for Mr. DASCHLE, for himself, Mr. DOR- able to access with the child care de- GAN, Mr. DOMENICI, and Mr. MCCAIN, proposes Mr. President, whatever the distin- velopment block grant have been very guished Senator from Arkansas has an amendment No. 4949. Mr. DORGAN. I ask unanimous con- important. They have allowed the said relative to what we have been pay- tribes to successfully run a wide range ing as part of the welfare program of sent the reading of the amendment be dispensed. of child care programs. In 1994, that the United States for children and this set-aside helped more than 500 tribes huge disparity of 10 to 1, the point I The PRESIDING OFFICER. Without objection, it is so ordered. provide child care. want to make is that is not the feature Last year, when the welfare reform of this bill. That is what has transpired The amendment is as follows: On page 250, line 2, strike ‘‘and (C)’’ and in- bills passed both the House and the over time. It is the reality today. sert ‘‘, (C), and (D)’’. Senate, they retained the 3-percent set- Maybe Senator BUMPERS and others On page 252, between lines 9 and 10, insert aside for tribal child care programs. would say that is why welfare has the following: The conference bill inexplicably re- failed. I did not hear that before. I ‘‘(D) EXCEPTION FOR EXTREMELY LOW LABOR duced that tribal allocation from 3 per- thought it was some other characteris- MARKET PARTICIPATION.— cent to 1 percent, the same level that is tic, but that is the truth. ‘‘(i) IN GENERAL.—In determining the num- ber of months for which an adult received as- now contained in this reconciliation Now we are confronted with, if you sistance under the State program funded bill. are going to change the basic quality of under this part, the State may disregard any The reduction in the tribal set-aside welfare and what is expected, what do and all months in which the individual re- occurs at the very same time that you do about that financial disparity sided in an area of extremely low labor mar- State child care funds would increase that existed over time, which is ex- ket participation (as defined under clause substantially. The question I ask is, if treme. This bill tends to perpetuate (ii). an increase in child care is critical to ‘‘(ii) EXTREMELY LOW LABOR MARKET PAR- that for 5 years in the form of a block State efforts to move people from wel- TICIPATION AREA.—For purposes of clause (i), grants, but there is a lot of flexibility an adult is considered to be living in an area fare to work, and I believe it is, then added. of extremely low labor market participation why is it not also critical for real wel- I do not want to speak to that if such adult resides on a reservation of an fare reform in Indian country and for amendment any more because we re- Indian Tribe— Indian tribes to provide child care? served time. I yield the floor. ‘‘(I) with a population of at least 1,000 indi- I want to make a point that Indian viduals; and children under age 6 are more than Mr. DORGAN. Mr. President, just ‘‘(II) with at least 50% of the adult popu- twice as likely as the average child in prior to Senator BUMPERS making his lation not employed, as determined by the America to live in circumstances of statement, I offered an amendment. Secretary using the best available data from poverty. Indian children under 6 who This is not the amendment that was a Federal agency. live on reservations are three times agreed to last week. This is a different On page 252, line 10, strike ‘‘(D)’’ and insert ‘‘(E)’’. more likely to live in circumstances of amendment. We have provided the poverty than non-Indian children. amendment, I believe, or at least dis- Mr. DOMENICI. Mr. President, I am a I toured, not so long ago, a child care cussed it with both sides. cosponsor, and I indicate so that every- body would understand this does not center on a facility in North Dakota I wanted to take just 2 or 3 minutes say this is mandated. This says that that is jointly run by four tribes, Unit- to discuss that amendment, and I also the Governors, in putting together ed Tribes Technical College. It is a wanted to introduce a second amend- their plan for their State, can, if they wonderful place where American Indi- ment which I believe is going to be find an area—and this is pretty much ans come to receive educational and agreed to. I am offering the second going to be Indian areas, I believe, be- vocational training. They study, they amendment on behalf of Senator cause of the enormous unemployment graduate, they go out and get work. DASCHLE, myself, Senator DOMENICI number; it is 50 percent—it will be That center is run by a wonderful man and Senator MCCAIN. It is an amend- available as a flexible tool in terms of named David Gipp, who does an ex- ment that has been worked out by both putting together packages. traordinarily good job. They have a sides to exempt certain individuals liv- Mr. DORGAN. The Senator is correct. child care center at U-Tech. I have ing in areas of low labor market par- Mr. DOMENICI. We accept the toured that child care center a couple ticipation from the 5-year limitation amendment on our side. of times. on assistance. The PRESIDING OFFICER. The U-Tech reminds you of the need and If I might, in a capsule, point out question is on agreeing to the amend- the importance of child care in this that the welfare reform bill provides a ment. building-block process to move people 20-percent exemption that is available The amendment (No. 4949) was agreed from welfare to work. You have to be to the States. What we could have and to. able to get the job skills. Often, to get likely would have are circumstances Mr. DORGAN. I move to table the job skills, if you have children, you where there are areas in which vir- amendment. have to try to find child care. All of us tually no jobs are available and you Mr. DOMENICI. I move to reconsider know that it is not just in Indian coun- have very high unemployment. That the vote. try, but across this country, increas- situation would soak up the exemption The motion to lay on the table was ingly, that poverty is a problem often almost immediately. This amendment agreed to. faced by young women with children in addresses and corrects that and pro- AMENDMENT NO. 4948 single-parent households. vides some more flexibility to the Mr. DORGAN. Mr. President, if I Now, when they try to get skills and States. might just for a couple of minutes ad- then get a job, the question is, What July 22, 1996 CONGRESSIONAL RECORD — SENATE S8415 kind of child care can they access to non-Indian child to live in poverty. In- which there is no cure. We know what take care of their children? To them, dian children under the age of 6 resid- causes hunger and how to resolve it. just like in every other household, the ing on Indian reservations are three Part of this bill deals with the issues most important thing in their lives are times more likely than non-Indian of resolving hunger and helping people their children. They want to make sure children to live in poverty. get prepared for the workplace. An- the children have an opportunity. If The need in Indian country is enor- other part says you cannot prepare 8- they go to work, when they go to work, mous and far outweighs the limited year-olds for a job. We ought not to they want to have an opportunity to Federal dollars allocated to Indian prepare 10-year-olds for a job. If we place their children in child care in a tribal governments. Because the need have kids living in poverty, or place where they have some confidence for assistance to Indian children is so grownups living in poverty, we want to and trust. That is why this amendment compelling, I have been quite con- make sure that we have a system to is so important. cerned that the reported bill reduced say that we will help them get back on It breaks your heart to take a look the tribal allocation from 3 percent to their feet. While we are helping them at what is happening in some areas of 1 percent. Such a cut would have get back on their feet, we do not want the country with very high unemploy- harmed tribal efforts to bring more In- them to be hungry—kids, adults, any- ment, especially Indian reservations, dian people into the work force and re- body in this country. That is why we with people who want an opportunity sulted in diminishment of existing have had a Food Stamp Program. Is it to work. They want a job. On many of tribal child care programs. perfect? No. Has it worked well? Sure. Mr. President, I believe we should these reservations—and we have a cou- We ought not, in any way, decide that maintain the 3-percent-funding alloca- ple in North Dakota—there virtually we should retreat from that. That is tion under present law to ensure that are no jobs. If you look at the map and why I so strongly support the amend- Indian children receive an equal and try to figure out, where do we carve ment offered by Senator CONRAD and fair opportunity to a brighter future as out a reservation and say these are In- Senator JEFFORDS. is provided to all other American chil- dian reservations, do you think they Mr. President, I yield the floor. dren. This commitment also honors the carved out the fertile Red River Val- AMENDMENT NO. 4948 unique trust relationship that the ley? No. They carved out reservations Mr. DOMENICI addressed the Chair. United States has with Indian tribal where there are no great opportunities The PRESIDING OFFICER. The Sen- governments. and where there has not been a sub- ator from New Mexico. I am pleased that we have reached Mr. DOMENICI. Mr. President, on the stantial amount of economic activity, agreement to adopt this amendment amendment which is pending, with ref- not very many jobs, not very many and thank Senator DOMENICI, chairman erence to the 1 versus 3 percent set- companies moving in to provide oppor- of the Budget Committee, and Senator aside, we have cleared this with the tunities. ROTH, chairman of the Finance Com- committee of jurisdiction. What will As we attempt to decide how to re- mittee, for accepting it. I also want to form the welfare system—and we happen when we adopt this amendment thank Senator DORGAN for once again is that we will return the percentage to should, because it does not work very demonstrating his commitment to im- its current law. This is a ceiling, not a well—we need to understand that the prove the lives of Indian children. I mandated level. For those reasons, the two linchpins that can help people urge my colleagues to work diligently committee indicates that we will ac- move from welfare to work are child at conference with the House to ensure cept it on our side. care and health care. The absence of that the welfare bill we send to the Therefore, I yield back any time on one or both means that you cannot suc- President maintains this provision. the amendment and indicate that we ceed in moving someone from welfare AMENDMENT NO. 4934 are willing to accept the amendment. to work. The presence of both means Mr. DORGAN. Mr. President, I want The PRESIDING OFFICER. All time that you can say to people that we ex- to make one additional comment, not is yielded back. pect something from you in response to on this amendment, but on the one of- The question is on agreeing to the what we are going to offer for you. fered by Senator CONRAD. That amend- amendment. Part of that is job training and em- ment is the issue of the optional food The amendment (No. 4948) was agreed ployment, but also attendant to it is stamp block grant. to. adequate and proper child care. I do My understanding of the amendment Mr. DOMENICI. Mr. President, I hope that, between now and tomorrow, is that the block grant option that ex- move to reconsider the vote. we might find an opportunity to see ists in the bill is a problem, and the Mr. DORGAN. I move to lay that mo- whether this amendment might be ac- amendment would repeal the block tion on the table. cepted. grant. The amendment’s supporters be- The motion to lay on the table was Mr. MCCAIN. Mr. President, I rise lieve—and I firmly believe—that if we agreed to. today in support of the amendment of- decide that it is a function of national Mr. DOMENICI. I thank the Senator fered by my colleague, Senator DOR- will, a national objective to decide that for offering the amendment. Mr. DORGAN. I thank the Senator GAN. The amendment ensures that In- those who do not have enough to eat, dian tribes will continue to receive 3 from New Mexico for his help. then we are going to try to help get Mr. DOMENICI. Mr. President, I sug- percent of funding provided under the them some food. child care development block grant gest the absence of a quorum. If that is a national issue, it is not an The PRESIDING OFFICER. The program, as it stands under current issue between one county and another clerk will call the roll. law. county, or one State and another The bill clerk proceeded to call the I am pleased that the proposed budg- State, or one city and another city. It roll. et reconciliation measure under con- is an issue of national determination Mr. FORD. Mr. President, I ask unan- sideration includes provisions which I that we do not want people in this imous consent that the order for the and other Senators sponsored to ad- country to be hungry. We do not want quorum call be rescinded. dress the unique needs and require- kids to go without meals. We want to The PRESIDING OFFICER. Without ments of Indian country to directly ad- develop a national standard that objection, it is so ordered. minister welfare programs. makes sure this country, as good and AMENDMENT NO. 4950 Mr. President, welfare assistance pro- generous and as strong as this country (Purpose: To strike amendments to the grams are intended to protect poor peo- is, can feed those people among us who summer food service program for children) ple and children. As reported, the bill have suffered some difficulties, who Mr. FORD. Mr. President, I send an does not go far enough to ensure that were unfortunate enough to be born amendment to the desk. Indian tribes, particularly Indian chil- into circumstances of poverty, who The PRESIDING OFFICER. The dren, who are the most vulnerable of have had some other disadvantages, clerk will report. our population and among the poorest and who find themselves down and out, The bill clerk read as follows: of the poor, will be protected. Indian down on their luck, and also hungry. The Senator from Kentucky [Mr. FORD], children under the age of 6 are more We know what to do about hunger. for Mrs. MURRAY, proposes an amendment than twice as likely as the average This is not some mysterious disease for numbered 4950. S8416 CONGRESSIONAL RECORD — SENATE July 22, 1996 Mr. FORD. Mr. President, I ask unan- The PRESIDING OFFICER. Without that had been in the bill in its previous imous consent that reading of the objection, it is so ordered. form, in its current reconciliation ver- amendment be dispensed with. AMENDMENT NO. 4951 sion, as well as in other versions of The PRESIDING OFFICER. Without (Purpose: To provide additional welfare reform. That previous version objection, it is so ordered. amendments) states that the Secretary can sanction The amendment is as follows: Mr. DOMENICI. Mr. President, I offer a State which fails to meet its work re- Strike section 1206. in behalf of Senator ROTH technical quirements by an amount up to 5 per- Mr. FORD. Mr. President, Senator amendments to the bill. These have cent of the State’s family assistance MURRAY is unavoidably detained. I am been requested by the Finance Com- grant. proposing her amendment. mittee and been approved and rec- The amendment that was offered, This is an amendment she discussed ommended for adoption by the major- first, removes the discretion from the last week and withdrew with the oppor- ity and the minority of the Finance Secretary; second, instead of saying up tunity to be able to submit it today. It Committee. I send the technical to 5 percent, it makes it an absolute 5 percent in addition to whatever sanc- strikes section 1206. The bill reduces amendments to the desk and ask for tion has been levied in the previous fis- the rate of the Summer Food Service their immediate consideration. cal year against a State which failed to Program. The PRESIDING OFFICER. The meet its work requirement. The Food Research Action Council’s clerk will report. Why am I offering this amendment? I surveys and past experience leads them The assistant legislative clerk read am offering it, first, because the lan- to conclude that the cut could result as follows. in: guage of the amendment is very ob- A 30- to 35-percent drop in the num- The Senator from New Mexico [Mr. DOMEN- scure. In its claimed reading, it seems ber of sponsors; ICI], for Mr. ROTH, proposes an amendment to say that there will be an additional numbered 4951. A 20-percent cut in the number of amount, equal to 5 percent of the children participating; Mr. DOMENICI. Mr. President, I ask State’s family assistance grant, as a Many larger sponsors dropping their unanimous consent that reading of the sanction if the State had failed for 2 smaller sites; amendment be dispensed with. consecutive years to meet its work re- A significant decline in meat quality The PRESIDING OFFICER. Without quirements. That, apparently, is not as sponsors cut food costs. objection, it is so ordered. the way it is being interpreted by oth- I ask unanimous consent that ‘‘the The amendment is as follows: ers, including one of the groups which need for the Murray amendment strik- On page 193, line 8, strike ‘‘is’’ and insert is strongly opposed to this provision, ing provisions relating to the Summer ‘‘has been’’. which is the National Conference of Food Program’’ be printed in the On page 238, line 4, insert ‘‘any temporary State Legislatures. They are interpret- RECORD. layoffs and’’ after ‘‘including’’. On page 238, line 6, strike ‘‘overtime’’ and ing this to be a cumulative sanction. There being no objection, the mate- That it would be, if you failed to meet rial was ordered to be printed in the insert ‘‘nonovertime’’. On page 238, strike line 7 through 13, and your work requirements for 2 consecu- RECORD, as follows: insert the following: tive years and had been subject to a The need for the Murray amendment strik- ‘‘wages, or employment benefits; and’’. penalty because of failure to do so, you ing provisions relating to the summer food would be subject to an additional man- program: Mr. EXON. No objection. The Senate bill makes an eleven percent The PRESIDING OFFICER. Without datory 5-percent cut in the third year; cut to the reimbursement rate for lunches objection, the amendment is agreed to. an additional 5-percent cut, or a cumu- provided in the summer food program. The The amendment (No. 4951) was agreed lative 15 percent in the next year; an reduction (a 23/20 cent cut on each lunch, to. additional 5 percent in the year after from $2.16/$2.12 to $1.93) is substantial. Many AMENDMENT NO. 4952 that, up to a maximum of a 25-percent programs around the country serve 50 or reduction in your grant. fewer children. Over half of current sponsors (Purpose: To strike additional penalties for consecutive failure to satisfy minimum So one of my concerns with this very already lose money under current rates. important provision that was added— Their margins to absorb cuts are extremely participation rates) narrow. Estimates vary by state, but the Mr. GRAHAM addressed the Chair. frankly, as a member of the Finance Food Research Action Council’s surveys and The PRESIDING OFFICER. The Sen- Committee, I can stipulate, without past experience lead them to conclude that ator from Florida is recognized. any consideration by the committee— the cut could result in: a 30–35 percent drop Mr. GRAHAM. I rise for purposes of is, just what does it mean? It could be in the number of sponsors (especially in offering an amendment. I send an very draconian in its impact. It could rural districts); a 20 percent cut in the num- be only very serious. ber of children participating; many larger amendment to the desk. The PRESIDING OFFICER. The So that is one issue. A second issue is sponsors dropping their smaller sites; weaker the fact that the States, through the supervision and monitoring and a decline in clerk will report. program integrity; a significant decline in The assistant legislative clerk read organizations that we have looked to, meal quality as sponsors cut food costs; and as follows. to do much of the policy work for a bill which purports to grant increased au- very few new sponsors. It is already difficult The Senator from Florida [Mr. GRAHAM] to recruit new sponsors, even though only proposes an amendment numbered 4952: thority to States, are opposed to this one in six eligible children receive meals. Strike section 409(a)(3)(C) of the Social Se- provision. The recruitment of new sponsors by advo- curity Act, as added by section 2103(a)(1). I ask unanimous consent to have a cacy groups would likely stop, and with it, Mr. GRAHAM. Mr. President, as read, series of letters from State-based orga- future growth. nizations printed at the conclusion of The effect of the amendment: the purpose of this motion to strike is Strikes section 1206 of the bill, which re- to strike section 409(a)(3)(C) which was my remarks. The PRESIDING OFFICER. Without duces the rates for the Summer Food Pro- added to this bill during its consider- objection, it is so ordered. gram. ation before the Senate Finance Com- Mr. FORD. Mr. President, I yield the (See exhibit 1.) mittee. The provision which I would Mr. GRAHAM. I would like to use, il- floor. offer to strike provides: Mr. DOMENICI. Mr. President, I sug- lustrative of the letters I received, this Notwithstanding the limitation described letter dated today, July 22, from the gest the absence of a quorum. We are in Subparagraph (A), the Secretary shall re- not going to respond yet. We are just National Conference of State Legisla- duce the grant payable to the State . . . for tures. This letter states, in part: beginning to understand the amend- a fiscal year, in addition to the reduction im- ment. posed under subsection (A), by an amount State legislators want welfare reform to succeed. In order to succeed, we need ade- The PRESIDING OFFICER. The equal to 5 percent of the State family assist- quate implementation time to craft com- ance grant, if the Secretary determines that clerk will call the roll. prehensive welfare reform that best fits the the State failed to comply with section 407(a) The assistant legislative clerk pro- needs in our individual states. In S. 1956, for 2 or more consecutive preceding fiscal ceeded to call the roll. both the work participation rate require- years. Mr. DOMENICI. Mr. President, I ask ments and penalties begin the first year of unanimous consent that the order for That language was added in the Sen- the block grant. Therefore, we strongly sup- the quorum call be rescinded. ate Finance Committee to language port Senator Bob Graham’s amendment to July 22, 1996 CONGRESSIONAL RECORD — SENATE S8417 strike the language imposing a cumulative have to meet in terms of getting a pro- merous laws reforming their welfare sys- penalty of five percent of the block grant per portion of their welfare population off tems. We have asked the federal government year on states that fail to meet the man- welfare and into work, you have enor- for flexibility to change the current system dated work requirements. Imposing harsh mous differences in the impact of this and hope for legislation to empower the and excessive penalties will only make it states. more difficult for states to succeed. State legislation. The Congress has challenged us to go even legislators are committed to welfare reform Mr. President, I am going to truncate further, yet the current bill leaves no room and have proved it through passage of nu- my remarks because I know there are for adjustment, even if a state experiences a merous laws reforming their welfare sys- some amendments that have to be of- recession, high employment or natural disas- tems. We have asked the federal government fered before 2 o’clock. But let me, just ter. Despite our best effort, there may be for flexibility to change the current system for my colleagues, point out that the states who cannot meet the work require- and hope for legislation to empower the State of Arkansas, in the year 2000, has ments. To add compounding financial pen- states. estimated it will have to spend 49 per- alties will severely restrict state efforts even The Congress has challenged us to go even further—just at the moment when they cent of the funds which today go to could use assistance from their federal part- further, yet the current bill leaves no room provide economic support to pay for ev- for adjustment, even if a state experiences a ner. Senator Graham’s amendment also al- recession, high unemployment or natural erything from school supplies to cloth- lows the Secretary to reduce state penalties disaster. Despite our best effort, there may ing to diapers to utilities, 49 percent of after assessing the individual experience of be states who cannot meet the work require- those funds will have to go to meet the that state. We have always opposed cookie- ments. To add compounding financial pen- work requirements, that is, to pay for cutter welfare reform. The current bill does alties will severely restrict state efforts even the job training, to pay for the child not allow for the diversity of state experi- further—just at the moment when they care, to pay for the other support serv- ence in reforming the system and the timing of state legislative sessions to enact the laws could use assistance from their federal part- ices such as job placement. That is in ner. necessary to change the system. the State of Arkansas. The Congressional Budget Office has esti- Mr. President, the letter from the In my State, which is a middle State mated that there is a $13 billion shortfall in National Conference of State Legisla- in terms of benefits, 36 percent of our the cash assistance block grant to meet the tures points out a fundamental dif- funds would have to go to meet those work requirements. NCSL has always sup- ference between the sanction that we requirements, whereas in New York ported deficit reduction and we understand had previously proposed, and which State, only 14 percent of their com- the limitation on available funds for work. stays in this bill, and that which was bined State-Federal funds would be re- However, the current bill as drafted penal- added in the Finance Committee. The izes us as we charter unknown waters to cre- quired in order to pay for exactly the ate a new system to retrain state workers, previous sanction made it in the discre- same work assistance that Arkansas create employment slots, verify work slots tion of the Secretary of HHS as to and Florida would have to provide, and, of course, be successful at moving re- whether to levy such a penalty, and at thus leaving a very inequitable amount cipients to work. A distinction is not made what level to do it up to 5 percent. So left over for the fundamental economic for states who have made a good faith effort the Secretary could take into consider- support that this program for 60 years but fail to meet the requirements for reasons ation—maybe the reason the State of has been providing to indigent families beyond their control. We are very concerned Vermont failed to meet its work re- in America. that this will hamper state creativity, inno- quirement was because they had an un- So, for those three reasons—lack of vation and excellence. State legislators urge you to support Senator Graham’s amend- expected natural disaster in Vermont, clarity as to what this amendment is ment. as we did in Florida with Hurricane supposed to mean; second, the strong Sincerely, Andrew, or maybe they had an unusual opposition of the States because of its CARL TUBBESING, economic recession and more people lack of flexibility; and, third, the in- Deputy Executive Director. were unable to find work, and therefore equitable application of this cumu- they could not meet the work require- lative sanction amendment—I offer NATIONAL GOVERNMENT ASSOCIATION, ments for those persons who are com- this amendment. At the appropriate Washington, DC, June 26, 1996. time, I will urge its support. Senate Finance Committee, ing off welfare. The cumulative lan- U.S. Senate, guage gives no such discretion to the EXHIBIT 1 Washington, DC Secretary to take those kinds of real- NATIONAL CONFERENCE OF DEAR FINANCE COMMITTEE MEMBER: The na- world conditions into account. STATE LEGISLATURES, tion’s Governors appreciate that S. 1795, as A third reason for offering this Washington, DC, July 22, 1996. introduced, incorporated many of the Na- amendment is the reason that was the DEAR SENATOR: The National Conference of tional Governors’ Association’s (NGA) rec- basis of discussion earlier today by my State Legislatures (NCSL) is committed to ommendations on welfare reform. NGA hopes continuing our work with the Congress to that Congress will continue to look to the colleague, Senator BUMPERS, and my- enact comprehensive, bipartisan welfare re- Governor’s bipartisan efforts on a welfare re- self on Friday. That is, we start this form legislation this year. As you consider form policy and build on the lessons learned process from a very inequitable alloca- amendments to S. 1956, state legislators offer through a decade of state experimentation in tion of funds among the 50 States. The the following positions for your consider- welfare reform. reason it is so inequitable is because ation. We strongly believe that the final wel- However, upon initial review of the Chair- we are basically using the status quo fare reform bill must: (1) provide maximum man’s mark, NGA believes that many of the which was based on a State’s financial flexibility to state and local governments; changes contained in the mark are con- ability and political willingness to put (2) preserve existing state authority and tradictory to the NGA bipartisan agreement. avoid preemption; (3) fund federally-man- The mark includes unreasonable modifica- up substantial amounts of money for dated activities; (4) avoid cost-shifts to tions to the work requirement, and addi- welfare and then draw down an equiva- states; and (5) ensure that states have ade- tional administrative burdens, restrictions lent amount of Federal matching quate implementation time for programs and penalties that are unacceptable. Gov- funds. That formula has resulted in dis- fully- or partially-devolved to the states. ernors believe these changes in the Chair- parities of in the range of 4 and 5 to 1 State legislators want welfare reform to man’s mark greatly restrict state flexibility between high-benefit States and low- succeed. In order to succeed, we need ade- and will result in increased, unfunded costs benefit States in the amount of funds quate implementation time to craft com- for states, while at the same time undermin- prehensive welfare reform that best fits the that they have per poor person. ing states ability to implement effective wel- needs in our individual states. In S. 1956, fare reform programs. These changes threat- For instance, in the State of Arkan- both the work participation rate require- en the ability of Governors to provide any sas, for every person in their State who ments and penalties begin in the first year of support for the revised welfare package, and has an income below the poverty level, the block grant. Therefore, we strongly sup- may, in fact, result in Governors opposing they would get $397 of Federal support. port Senator Bob Graham’s amendment to the bill. In the State of New York, under this strike the language imposing a cumulative As you mark up the welfare provisions of legislation, in the year 2000 they would penalty of five percent of the block grant per S. 1795, the Personal Responsibility and get $1,961 for every person below 100 year on states that fail to meet the man- Work Opportunity Act of 1996, NGA strongly dated work requirements. Imposing harsh urges you to consider the recommendations percent of poverty level. When you and excessive penalties will only make it contained in the welfare reform policy compound that large inequity in the more difficult for states to succeed. State adopted unanimously by the nation’s Gov- amount of Federal funds per State with legislators are committed to welfare reform ernors in February. Governors believe that a common requirement that all States and have proved it through passage of nu- these changes are needed to create a welfare S8418 CONGRESSIONAL RECORD — SENATE July 22, 1996 reform measure that will foster independ- crease work participation rates, further re- Oppose the revision in the Chairman’s ence and promote responsibility, provide strict what activities count toward the work mark to exempt families with children below adequate support for families that are en- participation rate, or change the hours of age eleven. S. 1795, as introduced, prohibits gaged in work, and accord states the flexibil- work required. The Governor’s policy in- states from sanctioning families with chil- ity and resources they need to transform cluded specific recommendations in these dren below age six for failure to participate welfare into a transitional program leading areas, many of which were subsequently in- in work if failure to participate was because to work. corporated into S. 1795, as introduced. The of a lack of child care. This revision would Below is a partial list of amendments that recommendations reflect a careful balancing raise the age to eleven. NGA is concerned may be offered during the committee mark- of the goals of welfare reform, the availabil- that this revision effectively penalizes states up and revisions included in the Chairman’s ity of resources, and the recognition that because they still would be required to count mark that are either opposed or supported economic and demographic circumstances these individuals in the denominator of the by NGA. This list is not meant to be exhaus- differ among states. Imposing any additional work participation rate. tive, and there may be other amendments or limitations or modifications to the work re- The Governors urge you to oppose the fol- revisions of interest or concern to Governors quirement would limit state flexibility. lowing amendments or revisions in the chair- that are not on this list. In the NGA welfare The Governors urge you to oppose the fol- man’s mark in these additional areas: reform policy, the Governors did not take a lowing amendments or revisions in the area Oppose the revision in the Chairman’s position on the provisions related to benefits of work: mark to increase the maintenance-of-effort for immigrants, and NGA will not be making Oppose the revision in the Chairman’s requirement above the 75 percent in the cash recommendations on amendments in these mark to increase the number of hours of assistance block grant or further narrow the areas. As you markup S. 1795, NGA urges you work required per week to thirty-five hours definition of what counts toward mainte- to consider the following recommendations in future years. NGA’s recommendation that nance-of-effort. based on the policy statement of the nation’s the work requirement be set at twenty-five Oppose the revisions in the Chairman’s Governors on welfare reform. hours was incorporated into S. 1795. Many mark that increase state plan requirements The Governors urge to support the follow- states will set higher hourly requirements, and include additional state penalties. ing amendments: but this flexibility will enable states to de- Oppose the amendment to limit hardship Support the amendment to permit states sign programs that are consistent with local exemption to 15 percent (Gramm). NGA pol- to count toward the work participation rate labor market opportunities and the avail- icy supports the current provision in S. 1795, calculation those individuals who have left ability of child care. as introduced, that allows states to exempt welfare for work for the first six months that Oppose the revision in the Chairman’s up to 20 percent of their caseload from the they are in the workforce (Breaux). The Gov- mark to decrease to four weeks the number five-year lifetime limit on benefits. Oppose the amendment to mandate that ernors believe states should receive credit in of weeks that job search can count as work. states provide in-kind vouchers to families the participation rate for successfully mov- NGA supports the twelve weeks of job search after a state or federal time limit on benefits ing people off of welfare and into employ- contained in S. 1795, as introduced. Job is triggered (Breaux, Mosely-Braun). NGA ment, thereby meeting one of the primary search has proven to be effective when an in- believes that states should have the option goals of welfare reform. This will also pro- dividual first enters a program and also after to provide non-cash forms of assistance after vide states with an incentive to expand their the completion of individual work compo- the time limit, but they should not be man- job retention efforts. nents, such as workfare or community serv- Support the amendment that applies the dated to do so. ice. A reduction to four weeks would limit time limit only to cash assistance (Breaux). Oppose the provision in the Chairman’s state flexibility to use this cost-effective S. 1795 sets a sixty-month lifetime limit on mark to restrict the transferability of funds strategy to move recipients into work. out of the cash assistance block grant to the any federally funded assistance under the Oppose the revision in the Chairman’s block grant. This would prohibit states from child care block grant only. The governors mark to increase the work participation believe that it is appropriate to allow a using the block grant for important work rates. NGA opposes any increase in the work supports such as transportation or job reten- transfer of funds into the foster care pro- participation rates above the original S. 1795 tion counseling after the five-year limit. gram or the Social Services Block Grant. requirements. Many training and education Consistent with the NGA welfare reform pol- Oppose a family cap mandate in the Chair- activities that are currently counted under icy, NGA urges you to support the Breaux man’s mark. NGA supports a family cap as JOBS will not count toward the new work re- amendment that would apply the time limit an option, rather than a mandate, to pro- quirements. Consequently, states will face only to cash assistance. hibit benefits to additional children born or Support the amendment to restore funding the challenge of transforming their current conceived while the parent is on welfare. for the Social Services Block Grant (Rocke- JOBS program into a program that empha- Governors urge you to consider the above feller). This amendment would limit the cut sizes quick movement into the labor force. recommendations. in the Social Services Block Grant (SSBG) An increase in the work rates will result in Sincerely, to 10 percent rather than 20 percent. States increased costs to states for child care and RAYMOND C. SCHEPPACH, use a significant portion of their SSBG funds work programs. Executive Director. for child care for low-income families. Thus, Oppose the revision in the Chairman’s the additional cut currently contained in S. mark to increase penalties for failure to NATIONAL ASSOCIATION OF COUNTIES, 1795 negates much of the increase in child meet the work participation requirements. Washington, DC, July 12, 1996. care funding provided under the bill. The proposed amendment to increase the DEAR MEMBER OF CONGRESS: You may be Support technical improvements to the penalty by 5 percent for each consecutive voting soon on the Welfare and Medicaid re- contingency fund (Breaux). Access to addi- failure to meet the work rate is unduly form bill (H.R. 3507/S. 1795). The National As- tional matching funds is critical to states harsh, particularly given the stringent na- sociation of Counties (NACo) is encouraged during periods of economic recession. NGA ture of the work requirements. Ironically, that there were improvements to the welfare supports two amendments proposed by Sen- the loss of block grant funds due to penalties section of the bill, including: increased funds ator Breaux. One clarifies the language re- will make it even more difficult for a state for child care; maintaining current law for lating to maintenance of effort in the contin- to meet the work requirements. foster care adoption assistance maintenance gency fund and another modifies the fund so Oppose the amendment requiring states to and administration payments; and no fund- states that access the contingency fund dur- count exempt families in the work participa- ing cap for food stamps nor a block grant for ing only part of the year are not penalized tion rate calculation (Gramm). This amend- child nutrition. However, there are not with a less advantageous match rate. ment would retain the state option to ex- enough improvements to warrant our sup- Support the amendment to extend the 75 empt families with children below age one port. In some respects, particularly the work percent enhanced match rate through fiscal from the work requirements but add the re- requirements, the bill has become even more 1997 for statewide automated child welfare quirement that such families count in the burdensome. NACo particularly opposes the information systems (SACWIS), (Chafee, denominator for purposes of determining the following welfare provisions: Rockefeller). Although not specifically ad- work participation rate. This penalizes 1. The bill ends the entitlement of Aid to dressed in the NGA policy, this extension is states that grant the exemption, effectively Families with Dependent Children, thereby important for many states that are trying to eliminating this option. The exemption in S. dismantling the safety net for children and meet systems requirements that will 1795 is an acknowledgment that child care their families. strengthen their child welfare and child pro- costs for infants are very high and that there 2. The eligibility restriction for legal im- tection efforts. often is a shortage of infant care. migrants goes too far. The most objection- Governors urge you to oppose amendments Oppose the amendment to increase work able provisions include denying Supple- or revisions to the Chairman’s mark that hours by ten hours a week for families re- mental Security Income and Food Stamps, would limit state flexibility, create unrea- ceiving subsidized child care (Gramm). This particularly to older immigrants. In fact, by sonable work requirements, impose new amendment would greatly increase child changing the implementation date for these mandates, or encroach on the ability of each care costs as well as impose a higher work provisions, the bill has become more oner- state to direct resources and design a welfare requirement on families with younger chil- ous. NACo is also very concerned about the reform program to meet its unique needs. dren, because families with other children— effect of the deeming requirements particu- In the area of work, Governors strongly op- particularly teenagers—are less likely to larly with regard to Medicaid and children in pose any efforts to increase penalties, in- need subsidized child care assistance. need of protective services. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8419 3. The participation requirements have be- pressed concern about a provision in mand direct individual attention and come even more unrealistic. NACo particu- the pending welfare reform bill that ex- investment. By accepting my amend- larly opposes the increased work participa- empts users of electronic benefit trans- ment which compels States to devote 1 tion rates and increased penalties, the fer systems [EBT’s] users from the pro- changes in the hours of work required, and percent of their Social Security block the new restrictions on the activities that tections of the Electronic Benefit grant—$23.8 million—to prevention may count toward the participation rates. Transfer Act. services, the Senate has spurred them As the level of government closest to the EBT’s are a useful reform to modern- to assume this responsibility. We are people, local elected officials understand the ize the distribution of welfare benefits. succeeding in aiding President Clinton importance of reforming the welfare system. They are comparable to automated as he endeavors, in his own words, ‘‘to While NACo is glad that the bill does contain teller machines. They offer a conven- get all the leaders of all sectors of our language that requires some consultation ient way for welfare recipients to use a with local officials we prefer the stronger card to withdraw their cash benefits society involved in this fight.’’ language that is contained in the bipartisan The Federal Government, too, re- welfare reform bill (H.R. 3266). from a bank machine or pay for food at NACo also continues to oppose the Medic- a grocery store. Although a few States cently assumed more responsibility in aid provisions. By capping the fiscal respon- may now have in place such a program, accepting my amendment which tar- sibility of the federal government and reduc- it is likely to become much more com- gets the crime of statutory rape, a di- ing the state match for the majority of the mon in the years ahead. Massachusetts rect and indirect cause of teen preg- states, the bill could potentially shift bil- is in the process of implementing such lions of dollars to counties with responsibil- nancy. The great majority of babies ity for the uninsured. Allowing the states to a system for its 80,000 welfare recipi- born to teen mothers are fathered by determine the amount, duration and scope of ents. adult men, and the partners of the services even for the remaining populations If the final welfare reform bill in- youngest mothers under the age of 14 which would still be guaranteed coverage, cludes the exemption from consumer are on average 10 to 15 years older than protections, EBT users will not have will mean that counties will be ultimately them. This Senate is sending sexual responsible for services not covered ade- the same basic safeguards against ben- predators an unequivocally stern mes- quately by the states. While we support the efit losses caused by computer error, increased use of managed care and additional merchant fraud, or theft that other sage—that we choose abstinence for state and local flexibility in operating the credit card holders now have. Clearly, children, and that we will not tolerate Medicaid program, we do not support the re- it is unfair to deny reasonable safe- those who take advantage of a child’s peal of Medicare as envisioned in the current inability to form and articulate a deci- legislation. guards to welfare beneficiaries. As it is currently written, the Medicaid I understand that a realistic com- sion about her body. Previously, we and Welfare Reform bill could potentially promise is being developed to protect concurred that it is the Sense of the shift costs and liabilities, create new un- EBT users from benefit losses while en- Senate that States should aggressively funded mandates upon local governments, suring that States are not exposed to enforce statutory rape laws. Now, we and penalize low income families. Such a unmanageable costs. I am hopeful that are taking additional steps. The bill, in combination with federal cuts and in- any welfare reform bill enacted into creased demands for services, will leave local amendment requires the Justice De- governments with two options: cut other es- law will contain such protections, and partment to pay strict attention to sential services, such as law enforcement, or I urge all Senators to support them. this crime. They are to research the raise revenues. NACo therefore urges you to TEEN PREGNANCY AND STATUTORY RAPE link between statutory rape and teen vote against H.R. 3507/S. 1795. Mr. LIEBERMAN. Mr. President, I pregnancy, as well as those predatory Sincerely, am pleased that the Senate has made men who commit these crimes repeat- DOUGLAS R. BOVIN, progress in two areas critical to re- edly. They will also educate State and President. forming welfare—teen pregnancy and local law enforcement officials to effec- Mr. GRAHAM. Mr. President, I ask statutory rape. Both sides of the aisle tively prevent and prosecute statutory for the yeas and nays. have worked together to bring about rape. The PRESIDING OFFICER. Is there a this progress, and I am left hopeful sufficient second? that we can infuse future negotiations Again, we include the States in this There is a sufficient second. on other welfare issues with this bipar- fight. This amendment compels the The yeas and nays were ordered. tisan spirit of cooperation. States to create and expand criminal The PRESIDING OFFICER. The ma- Mindful of the American public’s de- law enforcement, public education, and jority manager is recognized. mand for legislative progress this year, Mr. DOMENICI. Mr. President, I take counseling initiatives and to restruc- I joined other colleagues in sponsoring 1 minute from our side to indicate our ture teen pregnancy prevention pro- initiatives that would not only benefit objection to the amendment. In the bill grams to include men. Finally, States children, but also reduce welfare spend- on page 273, there is a section that must certify to the Federal Govern- ing. Budget specialists and community reads: ‘‘Reasonable Cause for Excep- ment that they are engaged in such ac- leaders emphasized the necessity of tion.—’’ And it applies to the areas the tivities to stop statutory rape. dealing with two underlying welfare Senator from Florida is referring to. problems—teen pregnancy and statu- By focusing on the problems of teen It says: pregnancy and statutory rape through The Secretary may not impose a penalty tory rape. In examining these prob- lems, we answered two necessary ques- these amendments, we are economizing on a State under subsection (a) with respect our future welfare expenditures and to a requirement if the Secretary determines tions: First, who is on welfare? and that the State has reasonable cause for fail- Second, how did they get there? improving the lives of poor children. ing to comply with the requirement. Teenage out-of-wedlock pregnancy is The reality of mothers sacrificing edu- Then it has two exceptions to this, a primary cause of long-term welfare cational opportunities to give birth to and neither of the two are matters cov- dependency. Currently, 53 percent of fatherless babies and live in poverty is ered by the concern of the Senator. So AFDC funds go to households begun by not a choice. It is partly a result of the I believe there is flexibility, and for teenage births. Senator CONRAD and I greater problems these amendments those State legislators and staff up proposed an amendment to last year’s address. Senate bill which requires teen moth- here who looked at it, I suggest they I appreciate, and the American public ers to live at home or in adult-super- read that provision. will appreciate our bipartisan unity in In addition, there is a whole process vised settings, establishes national demanding responsibility from fathers. following that provision for how a goals regarding education strategies They must own up to their paternity, State would determine that they had and reduction of pregnancy rates, and reasonable cause. rewards States who meet these goals pay child support, and set a good exam- Having said that, I am going to yield with a cash bonus. ple for their children by working in pri- back any time I have on the amend- The Senate included these provisions vate sector or community service jobs. ment. in the bill in front of us and strength- A certain group of men must refrain ELECTRONIC BENEFIT TRANSFER SYSTEMS AND ened the Federal role in combating this from sexually preying upon young girls WELFARE REFORM problem. However, teen pregnancy pre- and dispossessing them of their fun- Mr. KENNEDY. Mr. President, a vention is a battle that must be fought damental right to make sexual, edu- number of consumer groups have ex- at the local level, as troubled teens de- cational, and career choices. S8420 CONGRESSIONAL RECORD — SENATE July 22, 1996 Problems remain in this bill. I appeal desk and ask for its immediate consid- (i) GOALS.—The goals of a Community to my colleagues to work together so eration. Steering Committee are— that we can present not just a few The PRESIDING OFFICER. The (I) to ensure that recipients of temporary amendments, not just one improve- clerk will report. assistance to needy families who are parents obtain and retain unsubsidized employment; ment, but an entire bill to the Amer- The assistant legislative clerk read and ican citizenry that truly reforms the as follows: (II) to reduce the incidence of current system. The Senator from Nebraska [Mr. EXON], for intergenerational receipt of welfare assist- Mr. DOMENICI. Mr. President, I Mr. BREAUX, proposes an amendment num- ance by addressing the needs of children of know Senator EXON needs some time. bered 4953. recipients of temporary assistance to needy Mr. EXON. Mr. President, I thank the Mr. EXON. Mr. President, I ask unan- families. chairman for his consideration. I will imous consent that the reading of the (ii) DUTIES.—A Community Steering Com- say, there are several matters that I amendment be dispensed with. mittee shall— (I) identify and create unsubsidized em- must, as manager of the bill on this The PRESIDING OFFICER. Without ployment positions for recipients of tem- side, have very limited and short de- objection, it is so ordered. porary assistance to needy families; bate on, things I need to enter. I might The amendment is as follows: (II) propose and implement solutions to be able to do that between now and 2 At the end of section 2109(a), add the fol- barriers to unsubsidized employment of re- o’clock, but if not, in order to protect lowing: cipients of temporary assistance to needy the interests of those I represent, I ask (17) Section 472(c)(2) (42 U.S.C. 672(c)(2)) is families; unanimous consent that the 2 o’clock amended by striking ‘‘nonprofit’’. (III) assess the needs of children of recipi- hour be extended by 10 minutes, to 10 Mr. EXON. Mr. President, I ask unan- ents of temporary assistance to needy fami- imous consent that the amendment be lies; and minutes past 2, if necessary, to accom- (IV) provide services that are designed to modate the Senator from Nebraska to agreed to and the motion to reconsider ensure that children of recipients of tem- carry out the duties that I must ad- be laid on the table. porary assistance to needy families enter dress. Mr. DOMENICI. We have no objec- school ready to learn and that, once en- The PRESIDING OFFICER. Is there tion. We accept that amendment. rolled, such children stay in school. objection? The PRESIDING OFFICER. Without (iii) PRIMARY RESPONSIBILITY.—A primary Mr. DOMENICI. Reserving the right objection, it is so ordered. responsibility of a Community Steering to object, I do not know what it is you The amendment (No. 4953) was agreed Committee shall be to work on an ongoing want to do. Do you want to offer to. basis with parents who are recipients of tem- porary assistance to needy families and who amendments on behalf of Senators? AMENDMENT NO. 4954 have obtained nonsubsidized employment in Mr. EXON. Yes, these are things I (Purpose: To provide for community steering order to ensure that such recipients retain have to do as a manager of the bill on committees demonstration projects) their employment. Activities to carry out this side, including points of order re- Mr. EXON. Mr. President, in similar this responsibility may include— quests. fashion, on behalf of the Senator from (I) counseling; Mr. DOMENICI. Let me make one Nebraska [Senator KERREY] I send an (II) emergency day care; further request. Are any of those amendment to the desk and ask for its (III) sick day care; amendments for Senators who did not (IV) transportation; immediate consideration. (V) provision of clothing; come today to offer their amendments? The PRESIDING OFFICER. The (VI) housing assistance; or How many are those? clerk will report. (VII) any other assistance that may be nec- Mr. EXON. There are three amend- The assistant legislative clerk read essary on an emergency and temporary basis ments that were on the list that the as follows: to ensure that such parents can manage the Senators have not come to formally The Senator from Nebraska [Mr. EXON], for responsibility of being employed and the de- offer today, and I intend to perform Mr. KERREY, proposes an amendment num- mands of having a family. that duty for them. bered 4954. (iv) FOLLOW-UP SERVICES FOR CHILDREN.—A Mr. DOMENICI. So long as we clearly Community Steering Committee may pro- Mr. EXON. Mr. President, I ask unan- vide special follow-up services for children of understand, this does not flow to Sen- imous consent that the reading of the recipients of temporary assistance to needy ators who come in here at 5 minutes amendment be dispensed with. families that are designed to ensure that the after, this applies to you. The PRESIDING OFFICER. Without children reach their fullest potential and do Mr. EXON. I amend the request, if I objection, it is so ordered. not, as they mature, receive welfare assist- might. I ask unanimous consent that, The amendment is as follows: ance as the head of their own household. (c) REPORT.—Not later than October 1, 2001, if necessary to discharge the duties as- At the end of chapter 1 of subtitle A of the Secretary shall submit a report to the signed to the Democratic leader of the title II, add the following: Budget Committee, that the additional Congress on the results of the demonstration SEC. . COMMUNITY STEERING COMMITTEES projects conducted under this section. 10 minutes be assigned to this Senator DEMONSTRATION PROJECTS. and this Senator only. (a) IN GENERAL.—The Secretary of Health Mr. EXON. Mr. President, I ask unan- Mr. DOMENICI. I have no objection. and Human Services (in this section referred imous consent that the amendment be The PRESIDING OFFICER. Without to as the ‘‘Secretary’’) shall enter into agree- agreed to and the motion to reconsider objection, it is so ordered. ments with not more than 5 States that sub- be laid upon the table. Mr. EXON. I thank my friend for his mit an application under this section, in Mr. DOMENICI. Mr. President, let me such form and such manner as the Secretary usual good cooperation. There are two just mention that amendment we had may specify, for the purpose of conducting a agreed to over the weekend. We worked amendments I will offer. They have demonstration project described in sub- been cleared on both sides. I think we section (b). on that with Senator KERREY. We have can dispose of them quickly. (b) DESCRIPTION OF PROJECT.— no objection. We had already agreed to AMENDMENT NO. 4953 (1) COMMUNITY STEERING COMMITTEES.— it. (A) ESTABLISHMENT.—A demonstration (Purpose: To allow States to choose the most The PRESIDING OFFICER. Without project conducted under this section shall es- appropriate agency to assist abused and objection, it is so ordered. tablish within a State in each participating neglected children, by enabling them to The amendment (No. 4954) was agreed county a Community Steering Committee choose proprietary as well as non-profit or to. that shall be designed to help recipients of government agencies to care for children temporary assistance to needy families AMENDMENT NO. 4935 in foster care, as provided in report num- under a State program under part A of title Mr. EXON. Mr. President, under the ber 104–430 (the conference report to H.R. 4 IV of the Social Security Act who are par- as passed during the 1st session of the 104th previous order, all points of order must ents move into the non-subsidized workforce Congress), and S. 1795, as introduced in the be raised today before the 2 o’clock and to develop a holistic approach to the de- Senate during the 2d session of the 104th deadline, or under the extended time velopment needs of such recipient’s family. Congress, and before the Finance Commit- that we have agreed to. (B) MEMBERSHIP.—A Community Steering tee Chairman’s modifications to such bill) Committee shall consist of local educators, Pursuant to that order, I now address Mr. EXON. Mr. President, on behalf business representatives, and social service amendment No. 4935, offered by the of the Senator from Louisiana [Mr. providers. Senator from Texas, Senator GRAMM. BREAUX], I send an amendment to the (C) GOALS AND DUTIES.— Mr. President, the amendment is not July 22, 1996 CONGRESSIONAL RECORD — SENATE S8421 germane, and I raise a point of order to an agreement entered into under section ters the United States on or after the date of that the Gramm amendment violates 212(b) of Public Law 93–66. the enactment of this Act is not eligible for section 305(b) of the Congressional (B) FOOD STAMPS.—The food stamp pro- any Federal means-tested public benefit (as Budget Act. gram as defined in section 3(h) of the Food defined in subsection (c)) for a period of five Stamp Act of 1977. years beginning on the date of the alien’s Mr. DOMENICI. Mr. President, I (b) LIMITED ELIGIBILITY FOR DESIGNATED entry into the United States with a status move to waive the point of order and FEDERAL PROGRAMS.— within the meaning of the term ‘‘qualified ask for the yeas and nays. (1) IN GENERAL.—Notwithstanding any alien’’. The PRESIDING OFFICER. Is there a other provision of law and except as provided (b) EXCEPTIONS.—The limitation under sub- sufficient second? in section 2403 and paragraph (2), a State is section (a) shall not apply to the following There appears to be a sufficient sec- authorized to determine the eligibility of an aliens: ond. alien who is a qualified alien (as defined in (1) EXCEPTION FOR REFUGEES AND section 2431) for any designated Federal pro- ASYLEES.— The yeas and nays were ordered. gram (as defined in paragraph (3)), except (A) An alien who is admitted to the United AMENDMENT NO. 4901 that States shall not ban from such pro- States as a refugee under section 207 of the Mr. EXON. Mr. President, also pursu- grams qualified aliens who have not attained Immigration and Nationality Act. ant to the previous order, I now address the age of 18 years. (B) An alien who is granted asylum under amendment No. 4901, offered by the (2) EXCEPTIONS.—Qualified aliens under section 208 of such Act. (C) An alien whose deportation is being Senator from North Carolina, Senator this paragraph shall be eligible for any des- ignated Federal program. withheld under section 243(h) of such Act. FAIRCLOTH. (A) TIME-LIMITED EXCEPTION FOR REFUGEES (2) VETERAN AND ACTIVE DUTY EXCEPTION.— The amendment is not germane, and AND ASYLEES.— An alien who is lawfully residing in any I raise a point of order that the (i) An alien who is admitted to the United State and is— Faircloth amendment violates section States as a refugee under section 207 of the (A) a veteran (as defined in section 101 of 305 of the Congressional Budget Act. Immigration and Nationality Act until 5 title 38, United States Code) with a discharge Mr. DOMENICI. Pursuant to the ap- years after the date of an alien’s entry into characterized as an honorable discharge and the United States. not on account of alienage, propriate provisions of the Budget Act, (B) on active duty (other than active duty I move to waive the point of order (ii) An alien who is granted asylum under section 208 of such Act until 5 years after the for training) in the Armed Forces of the against the amendment, and I ask for date of such grant of asylum. United States, or the yeas and nays. (iii) An alien whose deportation is being (C) the spouse or unmarried dependent The PRESIDING OFFICER. Is there a withheld under section 243(h) of such Act child of an individual described in subpara- sufficient second? until 5 years after such withholding. graph (A) or (B). There appears to be a sufficient sec- (B) CERTAIN PERMANENT RESIDENT ALIENS.— (3) EXCEPTION FOR CHILDREN.—An alien who has not attained the age of 18 years. ond. An alien who— The yeas and nays were ordered. (i) is lawfully admitted to the United Mr. KENNEDY. Mr. President, I am States for permanent residence under the deeply concerned that for the first time AMENDMENT NO. 4955 Immigration and Nationality Act; and in history, Congress will ban legal im- (Purpose: To permit assistance to be pro- (ii)(I) has worked 40 qualifying quarters of migrants from most assistance pro- vided to needy or disabled legal immigrant coverage as defined under title II of the So- children when sponsors cannot provide re- cial Security Act or can be credited with grams. Banning legal immigrants from imbursement) such qualifying quarters as provided under these programs will also deny their Mr. EXON. Mr. President, on behalf section 2435, and (II) did not receive any Fed- children the assistance they need to be- of the Senator from Massachusetts, eral means-tested public benefit (as defined come healthy, productive members of in section 2403(c)) during any such quarter. Senator KENNEDY, I send an amend- society. The amendment I am offering (C) VETERAN AND ACTIVE DUTY EXCEPTION.— ment to the desk and ask for its imme- will exempt children from these bans. An alien who is lawfully residing in any The Republican bill permanently diate consideration. State and is— The PRESIDING OFFICER. The (i) a veteran (as defined in section 101 of bans legal immigrants from SSI and clerk will report. title 38, United States Code) with a discharge food stamps. It bans them for 5 years The assistant legislative clerk read characterized as an honorable discharge and from Medicaid, AFDC and other pro- as follows: not on account of alienage, grams. It also gives States the option (ii) on active duty (other than active duty of going even farther, and permanently The Senator from Nebraska [Mr. EXON], for for training) in the Armed Forces of the Mr. KENNEDY, proposes an amendment num- banning them from Medicaid, AFDC, United States, or bered 4955. and social service block grants. (iii) the spouse or unmarried dependent Several preliminary points are im- Mr. EXON. Mr. President, I ask unan- child of an individual described in clause (i) portant to understand about this issue. imous consent that the reading of the or (ii). First, this bill is a ban. Banning is amendment be dispensed with. (D) TRANSITION FOR THOSE CURRENTLY RE- not the same as deeming. In deeming, The PRESIDING OFFICER. Without CEIVING BENEFITS.—An alien who on the date we look to the sponsor for payment be- objection, it is so ordered. of the enactment of this Act is lawfully re- siding in any State and is receiving benefits fore the Government pays. Under ban- The amendment is as follows: under such program on the date of the enact- ning, the sponsor is not involved. The On page 572, strike out line 10 and all that ment of this Act shall continue to be eligible ban covers legal immigrants, with or follows through page 577, line 10, and insert to receive such benefits until January 1, 1997. without sponsors. the following: (3) DESIGNATED FEDERAL PROGRAM DE- Second, we are not talking about ille- (E) EXCEPTION FOR CHILDREN.—Paragraph FINED.—For purposes of this chapter, the (1) shall not apply to the following: term ‘‘designated Federal program’’ means gal immigrants. This bill bans legal (i) SSI.—An alien who has not attained the any of the following: immigrants from safety net programs. age of 18 years and who is eligible by reasons (A) TEMPORARY ASSISTANCE FOR NEEDY FAM- These are individuals and families who of disability for supplemental security in- ILIES.—The program of block grants to come here legally, play by the rules, come under title XVI of the Social Security States for temporary assistance for needy and pay their taxes. They are future Act. families under part A of title IV of the Social citizens trying to make it in this coun- (ii) FOOD STAMPS.—An alien who has not Security Act. try. Yet this bill would repay them by attained the age of 18 years, only for pur- (B) SOCIAL SERVICES BLOCK GRANT.—The poses of eligibility for the food stamp pro- program of block grants to States for social banning them from assistance if they gram as defined in section 3(h) of the Food services under title XX of the Social Secu- fall on hard times. Stamp Act of 1977 (7 U.S.C. 2012(h)). rity Act. Third, the ban’s application to chil- (3) SPECIFIED FEDERAL PROGRAM DEFINED.— (C) MEDICAID.—The program of medical as- dren makes no sense. Many children For purposes of this chapter, the term ‘‘spec- sistance under title XV and XIX of the So- will be affected and harmed, but many ified Federal program’’ means any of the fol- cial Security Act. others will not. It depends entirely on lowing: SEC. 2403. FIVE-YEAR LIMITED ELIGIBILITY OF where they were born. Children born in (A) SSI.—The supplemental security in- QUALIFIED ALIENS FOR FEDERAL the United States are U.S. citizens and come program under title XVI of the Social MEANS-TESTED PUBLIC BENEFIT. Security Act, including supplementary pay- (a) IN GENERAL.—Notwithstanding any will be eligible for assistance, even if ments pursuant to an agreement for Federal other provision of law and except as provided their parents are legal immigrants. But administration under section 1616(a) of the in subsection (b), an alien who is a qualified children born overseas will be caught Social Security Act and payments pursuant alien (as defined in section 2431) and who en- by the ban. So children in the same S8422 CONGRESSIONAL RECORD — SENATE July 22, 1996 family will be treated differently, de- feed their children. Yet, soup kitchens implementation of these changes for at pending on where they were born. This are already stretched beyond their ca- least 2 years because of their far-reach- is unfair. pacity. Almost all soup kitchens limit ing consequences. Those who have Fourth, the children involved often the number of times a person can come urged such a transition include: live in the families of U.S. citizens. A to the kitchen for food. Some kitchens The American Association of Eye and typical case involves a citizen who has allow one visit a month. Others allow Ear Hospitals, married and brought his new spouse only three to six visits a year. If we cut The American Hospital Association, and the spouse’s child to America. off food stamps, many legal immigrant The Association of American Medical Surely, they deserve help. children will have nowhere to turn for Colleges, AFDC, SSI, food stamps and Medic- food. The American Osteopathic aid are programs which are especially Nutrition is vital to the development Healthcare Association, The Federation of American Health critical to children’s health and devel- of a child. Immigrant children are no opment. Banning legal immigrant chil- Systems, InterHealth, exception. Without access to food The National Association of Chil- dren from these programs puts their stamps, some immigrant children will dren’s Hospitals, well-being at stake, and it puts the suffer a lifetime of anemia, stunted The National Association of Commu- public at risk, too. growth, and even permanent brain nity Health Centers, Legal immigrants can get sick like damage. The National Association of Psy- everyone else. Their families can fall Finally, it makes no sense to ban chiatric Health Systems, on hard times. They can become dis- legal immigrants from AFDC pay- The National Association of Public abled. Banning them from basic assist- ments. AFDC allows mothers to place Hospitals, ance programs means that when their their children in child care, so that the Premier, Inc.; and sponsors can’t provide support, immi- parent can work or go to school. With- The Catholic Health Association of grants won’t get the help they need. out AFDC, parents will have to stay the United States. Their medical conditions will go un- home to take care of their children. My amendment responds to their treated and their disabilities will wors- This bill is not welfare reform for legal concern by postponing the implemen- en. immigrants. It will push families fur- tation of the Medicaid changes on im- These children are future citizens. ther into poverty, with no chance of es- migrants for 2 years, in order to enable Like all other children in America, cape. State and local governments and hos- they need and deserve to be assured of For all of these reasons, I urge the pitals and clinics to make the major good health and good nutrition. If the Senate to adopt this amendment, and adjustments required under this bill. Federal Government abandons them, reject this harsh and extreme attack Even with this transition, these communities will suffer. on immigrant children. changes will hurt the health care sys- When immigrant children get sick, Mr. EXON. Mr. President, I yield tem and harm the public health. It is they infect other children. By banning back time on the amendment. bad public health policy to deny Medic- them from Medicaid, we are also ban- Mr. DOMENICI. Pursuant to section aid to legal immigrants. Last April, ning them from school-based care 310(d)(2), I raise a point of order against the National Conference of State Leg- under the Early and Periodic Screen- the pending Kennedy amendment on islatures, the National Association of ing, Detection, and Treatment Pro- behalf of the Finance Committee. Counties, and the National League of gram, which provides basic health care Mr. EXON. Mr. President, I move to Cities wrote to Congress stating: to school-age children. It is part of waive the point of order and ask for the Without this program eligibility, many Medicaid in most states. yeas and nays. legal immigrants will not have access to health care. Legal immigrants will be forced Under this bill, legal immigrant chil- The PRESIDING OFFICER. Is there a dren will be banned from going to the to turn to State indigent health care pro- sufficient second? grams, public hospitals, and emergency school nurse when they feel sick in There is a sufficient second rooms for assistance or avoid treatment al- school. If they try to see the nurse, the The yeas and nays were ordered. together. This will in turn endanger the pub- nurse cannot treat them because they AMENDMENT NO. 4956 lic health and increase the cost of providing are immigrants. They have no private (Purpose: To allow a 2-year implementation health care to everyone. insurance and they are banned from period under the Medicaid program for im- But if these changes are to take Medicaid. If the illness gets worse, plementation of the attribution of spon- place, then we should at least give their parents may take them to the sor’s income, the 5-year ban, and other pro- health providers the time they need to local emergency room—a very expen- visions) adjust. sive alternative and not likely to be Mr. EXON. Mr. President, on behalf Although the bill continues emer- pursued unless the illness seems severe. of the Senator from Massachusetts, gency Medicaid for legal immigrants, Suppose a child has tuberculosis. In Senator KENNEDY, I send another they would be banned from regular the time it took for the illness to wors- amendment to the desk and ask for its Medicaid for 5 years. After that, they en enough to be covered by emergency immediate consideration. can qualify for Medicaid only if their Medicaid, many classmates have been The PRESIDING OFFICER. The sponsor’s income and resources are too exposed—all because no early help was clerk will report. low to assist them. But States can de- available. The assistant legislative clerk read cide to ban legal immigrants perma- In addition to Medicaid, the Repub- as follows: nently from Medicaid. lican bill bans legal immigrant chil- The Senator from Nebraska [Mr. EXON], for Hospitals fear that if Medicaid is re- dren from SSI, which provided assist- Mr. KENNEDY, proposes an amendment num- stricted, the loss of funds will require ance to the blind and disabled. Nine bered 4956. them to reduce services for everyone— thousand legal immigrant children are Mr. EXON. Mr. President, I ask unan- citizens and non-citizens alike. Espe- blind or disabled. They have some of imous consent that the reading of the cially vulnerable are the most costly the most complex and life-threatening amendment be dispensed with. services, such as trauma care, burn needs of all. As a practical matter, The PRESIDING OFFICER. Without treatment, and neonatal intensive such cases often involve tragic acci- objection, it is so ordered. care. dents, where expensive long-term care (The text of the amendment is print- This crisis in funding will particu- is needed to deal with debilitating con- ed in today’s RECORD under ‘‘Amend- larly affect hospitals that serve com- ditions. If SSI is not available, children ments Submitted.’’) munities with large numbers of immi- literally will die. Mr. KENNEDY. Mr. President, the grants. In the case of public hospitals, The Republican bill also bans legal changes in Medicaid for legal immi- most patients have Medicaid coverage. immigrant children from food stamps, grants in this legislation will have a Today, at Cambridge City Hospital in which could sentence them to a life- major impact on health care institu- Massachusetts, 48 percent of the pa- time of health problems due to poor tions and on the public health. tients are immigrants. That means the nutrition. Parents will have to turn to Virtually all of the Nation’s hos- hospital could lose half of its Medicaid soup kitchens and food pantries just to pitals have called on Congress to delay funding under this bill. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8423 For Los Angeles County Hospital, the Mr. EXON. Mr. President, at this may seem arcane to those not imme- figure is 60 percent. For Jackson Me- point, I move to waive all points of diately involved in the budget process, morial Hospital in Miami, 40 percent. order against the pending amendment. the Byrd rule has become a very impor- For San Francisco General Hospital, 30 I ask for the yeas and nays. tant tool to curb provisions in the rec- percent. For Harris County Hospital in The PRESIDING OFFICER. Is there a onciliation bill that are extraneous to Houston, 30 percent. sufficient second? the purpose of deficit reduction. It The sudden loss of Medicaid income There is a sufficient second. helped close Pandora’s box of reconcili- when the immigrant population is de- The yeas and nays were ordered. ation abuse, of which Senator BYRD so nied coverage may well jeopardize the AMENDMENT NO. 4957 eloquently warned more than 10 years quality of health care in the entire (Purpose: To modify remittance requirement ago. community those hospitals serve. from 5 to 7 days for child support enforce- The Byrd rule provides six definitions In addition, those without health ment payments) of what constitute extraneous matter, coverage through insurance or Medic- Mr. DOMENICI. Mr. President, since but the term generally applies to provi- aid are less likely to receive preventive the hour of 2 is arriving and we have sions unrelated to the reconciliation medical care and timely immunization. agreed to extra time just for Senator deficit reduction goals. The result is unnecessarily higher risks EXON, I send an amendment to the desk For example, a provision in reconcili- of disease in the community as a in behalf of Senator NICKLES. It was on whole. The care system will try to pre- ation could be challenged by a Senator the list. It modifies the requirement if it produces no changes in revenue or vent this result, but it is a gamble that for remittance, making it 7 days in- Congress should not impose. spending or if such changes are merely stead of 5 for child support payments. I incidental. Sixty votes are necessary to At a minimum, the health care sys- send that amendment to the desk. tem needs time to adjust. Under this waive a point of order raised under the The PRESIDING OFFICER. The Byrd rule. Last year’s reconciliation bill, the Medicaid changes go into ef- clerk will report. fect immediately for future immi- bill contained numerous Byrd rule vio- The assistant legislative clerk read lations. This year’s bill is also brim- grants. States may choose to deny as follows: Medicaid starting on January 1, 1997. ming with violations. I will shortly The Senator from New Mexico [Mr. DOMEN- That’s unfair and unrealistic. Hospitals present a full list to the Chair and ICI], for Mr. NICKLES, proposes an amendment raise a point of order, but I want to and State and local governments need numbered 4957. highlight two of them. time to adjust. Community health cen- Mr. DOMENICI. Mr. President, I ask First, there is a provision that de- ters need to find ways to expand, as unanimous consent that the reading of letes a requirement that the Secretary Medicaid resources dry up for hospital the amendment be dispensed with. of Agriculture promulgate rules so that care. State legislatures will need to The PRESIDING OFFICER. Without school lunch contracts comply with the adopt new laws and adjust spending to objection, it is so ordered. applicable meat inspection laws. compensate for the loss of Medicaid. The amendment is as follows: These complicated changes cannot Second, there is a provision that occur overnight, especially in Califor- On page 438, line 15, strike ‘‘5’’ and insert ‘‘7’’. strikes the requirement that positive nia, Texas, Florida, New York, New efforts shall be made by service insti- Mr. EXON. We have no objection to Jersey, Massachusetts, Pennsylvania, tutions to use small business and mi- this amendment. Illinois, and other States with large nority-owned businesses as sources of The PRESIDING OFFICER. Without immigrant populations.. supplies and services for these school objection, the amendment is agreed to. These changes should not go into ef- lunch programs. The amendment (No. 4957) was agreed fect at all. But if they do, I urge my Mr. President, once again, these are colleagues at least to hear the pleas to. Mr. DOMENICI. Mr. President, I simply other add-ons that we should and heed the plight of the hospitals. look to. Once again, this is not an all- They need more time and they deserve move to reconsider the vote by which the amendment was agreed to. inclusive list, but it gives the Senate a it. flavor of the violations that I will I urge the adoption of this amend- Mr. EXON. I move to lay that motion shortly raise. ment. on the table. Mr. EXON. Mr. President, I yield The motion to lay on the table was With that, Mr. President, I send a list back time on the amendment. agreed to. of provisions to the desk that I have Mr. DOMENICI. Mr. President, pursu- Mr. EXON. Mr. President, in 1986, the referenced, and pursuant to section ant to appropriate sections of the Congress enacted the so-called ‘‘Byrd 313(d) of the Congressional Budget Act, Budget Act, I raise a point of order rule,’’ named for our esteemed col- I raise a point of order that these pro- against the pending Kennedy amend- league, Senator BYRD, now incor- visions violate section 313(b)(1) of that ment on behalf of the Finance Commit- porated into the Congressional Budget act. tee. Act of 1974 as section 313. Although it The list follows: EXTRANEOUS PROVISIONS IN S. 1956

Section Subject Violation Rationale

Section 1206(h) ...... Positive efforts ...... Title I—Committee on Agriculture—Agriculture and Related Provisions Subtitle A—Food Stamps and Commodity Distribution Chapter 1—Food Stamp Program Section 1126 ...... Caretaker exemption ...... 313(b)(1)(A) ...... No budgetary impact. Sec. 1148 ...... Expedited service ...... 313(b)(1)(A) ...... No budgetary impact. Sec. 1159 ...... Waiver authority ...... 313(b)(1)(A) ...... No budgetary impact. Subtitle B—Child Nutrition programs Chapter 1—Amendments to the School Lunch Act Sec. 1202(b) ...... Annual announcement of child nutrition income eligibility limits ...... 313(b)(1)(A) ...... No budgetary impact. Sec. 1205(g) ...... Vermont food works ...... 313(b)(1)(A) ...... No budgetary impact. Sec. 1207(b) ...... Meat inspection ...... Sec. 1209(c) ...... Eliminating projects ...... 313(b)(1)(A) ...... No budgetary impact Subtitle B—Child Nutrition programs Chapter 2—Amendments to the Child Nutrition Act of 1966 Sec. 1259(d)(1) ...... Delete requirement for WIC particpants to be provided drug abuse edu- 313(b)(1)(A) ...... No budgetary impact. cation. Sec. 1259(e)(2) line 13 strike ‘‘(2)’’ and Announcing annual WIC income ...... 313(b)(1)(A) ...... No budgetary impact. ‘‘(8)’’. Sec. 1259(g)(1)(C) ...... Deletes USDA’s authority to use a portion of WIC carryover funds for inno- 313(b)(1)(A) ...... No budgetary impact. vative demonstration projects to find more innovative ways of promoting breastfeeding among WIC participants.. S8424 CONGRESSIONAL RECORD — SENATE July 22, 1996 EXTRANEOUS PROVISIONS IN S. 1956—Continued

Section Subject Violation Rationale

Title II—Committee on Finance Subtitle A—Welfare Reform In Chapter 1: ‘‘Sec. 403(b)(9)’’ ...... Budget Scoring—directs CBO not to include program in the baseline after 313(b)(1)(C) ...... Not in Finance’s jurisdiction. 2001. ‘‘Sec. 405(e) ...... Collection of State overpayments to families from Federal tax refunds ...... 313(b)(1)(A) ...... No budgetary impact. ‘‘Sec. 408(a)(2)’’ ...... No additional cash assistance for children born to families receiving as- 313(b)(1)(A) ...... No budgetary impact. sistance. ‘‘Sec. 409(a)(7)(C)’’ ...... Applicable percentage reduced for high performance States ...... 313(b)(1)(A) ...... No budgetary impact. Sec. 2104 ...... Services provided by charitable, or private organizations ...... 313(b)(1)(A) ...... No budgetary impact. Sec. 2113 ...... Disclosure of receipt of Federal funds ...... 313(b)(1)(A) ...... No budgetary impact. In Chapter 2: Sec. 2225 ...... Repeal of maintenance of effort requirement—applicable to optional State 313(b)(1)(D) ...... Budget impact is merely incidental to policy change. programs for supplementation of SSI benefits. In Chapter 4: Sec. 2403(c)(1) ...... Federal means-tested public benefits ...... 313(b)(1)(C) ...... Aspects are not in Finance Committee’s jurisdiction. Sec. 2412(c) ...... State public benefits defined ...... 313(b)(1)(A) ...... No budgetary impact. In Sec. 2423: ‘‘Sec. 213A(f)(2) ...... Federal means-tested public benefits ...... 313(b)(1)(C) ...... Aspects are not in Finance Committee’s jurisdiction. Sec. 2424 ...... Consignature of alien student loans ...... 313(b)(1)(C) ...... The Higher Education Act is in the jurisdiction of the Labor Committee, not the Finance Committee. Sec. 2424 ...... Cosignature of alien student loans ...... 313(b)(1)(C) ...... The Higher Education Act is in the jurisdiction of the Labor Committee, not the Finance Committee. Chapter 5 ...... Reductions in Federal Government ...... 313(b)(1)(A) ...... No budgetary impact. 313(b)(1)(C) ...... Not in Finance’s jurisdiction. In Chapter 8: Sec. 2815 ...... Repeals ...... 313(b)(1)(A) ...... No budgetary impact. Discretionary programs. 313(b)(1)(C) ...... Not in Finance’s jurisdiction. In Chapter 9: Sec. 2909 ...... Abstinence education ...... 313(b)(1)(A) ...... No budgetary impact. Affects discretionary programs.

Mr. DOMENICI addressed the Chair. I might inform the Senate that, with- welfare recipients to work, imposes strict The PRESIDING OFFICER (Mr. BEN- out votes on the points of order if we time limits on welfare, toughens child sup- NETT). The Senator from New Mexico. elect to seek waiver, there are 22 port enforcement, is fair to children, and is Mr. DOMENICI. Mr. President, might stacked votes now in the event we vote consistent with the President’s commitment I inquire of the distinguished Senator, to balance the budget. on everything that we have heretofore The Administration is pleased that the bill before I lodge my waiver with this, cleared. The starting time, according makes many of the important improvements have we finished the work that you had to the previous order, unless changed, to H.R. 4 that we recommended—improve- alluded to that you had to do? will be 9:30 a.m. tomorrow morning. ments also included in the bipartisan Na- Mr. EXON. We have one other mat- The PRESIDING OFFICER. The Sen- tional Governors’ Association (NGA) and ter. It is simply something to offer into ator is correct. Breaux-Chafee proposals. The Senate bill im- the RECORD, a letter from the Presi- Mr. EXON addressed the Chair. proves upon the bill that the House is now dent on the matter that I think you The PRESIDING OFFICER. The Sen- considering. We urge the Senate to build on will have no objection to. Other than ator from Nebraska. these improvements, and to continue the bi- that, I have nothing further, after the Mr. EXON. Mr. President, I ask unan- partisan spirit displayed in last year’s debate motion that I have just made. on welfare reform. At the same time, how- imous consent that a letter stating the ever, the Administration is deeply concerned Mr. DOMENICI. I assume when we administration’s position on the bill be dispose of that, and you get your inser- about certain provisions of S. 1956 that printed in the RECORD. would adversely affect benefits for Food tion, we are finished and have complied There being no objection, the letter Stamp households and legal immigrants, as with the order about completing the was ordered to be printed in the well as the need for strong State account- work on this bill? RECORD, as follows: ability and flexibility. And, the bill would Mr. EXON. The Senator is correct. still raise taxes on millions of workers by Mr. DOMENICI. Mr. President, since EXECUTIVE OFFICE OF THE PRESI- DENT, OFFICE OF MANAGEMENT cutting the Earned Income Tax Credit I have not had time nor has our staff AND BUDGET, (EITC). had time to review the list of subject Washington, DC, July 18, 1996. IMPROVEMENTS CONTAINED IN S. 1956 matters for Byrd rule points of order— Hon. J. JAMES EXON, We appreciate the Finance and Agriculture and I want to state in a very specific Committee on the Budget, U.S. Senate, Wash- Committees’ efforts to strengthen provisions way that I totally agree with the state- ington, DC. central to work-based reform, such as child ments of the Senator from Nebraska as DEAR SENATOR EXON: I am writing to care, and to provide additional protections to why we have a Byrd rule. It is not transmit the Administration’s views on for children and families. In rejecting H.R. 4, totally perfect, but it is much better S. 1956, the ‘‘Personal Responsibility, Work the President singled out a number of provi- than having this law and this reconcili- Opportunity, and Medicaid Restructuring sions that were tough on children and did too Act of 1996.’’ little to move people from welfare to work. ation without that kind of limitation. We understand that the Senate Republican S. 1956 includes important changes to these Nonetheless, we have not had a chance leadership plans to move to strike the Med- provisions that move the legislation closer to review them. So what I would like icaid provisions of this reconciliation legis- to the President’s vision of true welfare re- to do—and I am going to do this now; lation—leaving a welfare-only bill for Senate form. We are particularly pleased with the I want to explain it to Senator EXON— floor consideration. following improvements: I am going to move to waive each one We are pleased with this decision to sepa- Child Care. As the President has insisted and then we will reserve until tomor- rate welfare reform from provisions to repeal throughout the welfare reform debate, child row and consult with all of you on Medicaid’s guarantee of health care for the care is essential to move people from welfare elderly, the poor, pregnant women, and peo- which ones we may indeed seek a vote, to work. The bill reflects a better under- ple with disabilities. We hope that removing standing of the child care resources that if any. this ‘‘poison pill’’ from welfare reform is a States will need to implement welfare re- Mr. EXON. Mr. President, the request breakthrough that shows that the Repub- form, adding $4 billion for child care above from the Senator is entirely in order. I lican leadership seriously wants to pass bi- the level in H.R. 4. The bill also recognizes had anticipated that they would have partisan welfare reform this year. that parents of school-age children need some time to look at the list because Enacting bipartisan welfare reform reflect- child care in order to work. we have just completed it ourselves ing the principles of work, family, and re- Food Stamps. The bill removes the annual and sent it to the desk. Therefore, I sponsibility is among the Administration’s spending cap on Food Stamps, preserving the have no objection to the request just highest priorities. For the past three-and-a- program’s ability to expand during periods of made and would agree to it. half years, the President has demonstrated economic recession and help families when his commitment to enacting real welfare re- Mr. DOMENICI. Mr. President, I they are most in need. We are concerned, form by working with Congress to enact leg- however, with other Food Stamp proposals, move to waive the Budget Act with re- islation that moves people from welfare to as discussed below. spect to each individual point of order work, encourages responsibility, and pro- Maintenance of Effort. The Administration that has just been sent to the desk and tects children. The Administration sent Con- strongly supports the Finance Committee’s lodged by the minority. gress a stand-alone welfare bill that requires changes to State maintenance of effort July 22, 1996 CONGRESSIONAL RECORD — SENATE S8425 (MOE) and transfer provisions and believes Size of the cuts. The welfare provisions in- sources for States to meet these more strin- these are critical elements of bipartisan wel- corporate most of the cuts in the vetoed gent rates. Based on CBO estimates, the Sen- fare reform. The Committee removed the ob- bill—about $60 billion over six years (includ- ate bill would provide $12 billion less over six jectionable transfer authority to the Title ing the EITC and related savings in Medic- years than is required to meet the bill’s XX Social Services Block Grant and other aid). These cuts far exceed those proposed by work requirements and maintain the current programs and would allow transfers to child the NGA or the Administration. Cuts in Food level of cash assistance to poor families. CBO care only. In addition, the Committee re- Stamps and benefits to legal immigrants are notes that ‘‘most States would be unlikely stored the 80 percent MOE level in last year’s particularly deep. The President’s Budget to satisfy this requirement.’’ Moreover, the Senate bill and tightened the definition of demonstrates that cuts of this size are not Senate bill would lead to a $2.4 billion short- what counts toward this requirement. necessary to achieve real welfare reform, nor fall in child care resources (assuming States Work Performance Bonus. We commend the are they needed to balance the budget. maintain their current level of cash assist- Committee for giving States an incentive to Food Stamps. The Administration strongly ance benefits, continue current law Transi- move people from welfare to work by provid- opposed the inclusion of a Food Stamp grant tional and At-Risk child care levels, and do ing $1 billion in work program performance option, which could seriously undermine the not transfer amounts from the cash block bonuses by 2003. This provision was an im- Federal nature of the program, jeopardizing grant to child care). portant element of last year’s Senate bill the nutrition and health of millions of chil- Vouchers. The bill actually reduces State and the Administration’s bill, and will help dren, working families, and the elderly, and flexibility by prohibiting States from using change the culture of the welfare office. eliminating the program’s ability to respond block grant funds to provide vouchers to Contingency Fund. The bill adopts the NGA to economic changes. The Administration children whose parents reach the time limit. recommendation to double the Contingency also is concerned that the bill makes deep H.R. 4 contained no such prohibition, and the Fund to $2 billion, and add a more responsive cuts in the Food Stamp program, including a NGA opposes it. We strongly urge the adop- trigger based on the Food Stamp caseload. cut in benefits to households with high shel- tion of voucher language, similar to that in Below, the Administration recommends fur- ter costs that disproportionately affects fam- the Administration’s bill and Breaux-Chafee, ther steps that Congress should take to ilies with children, and a four-month time that protects children. strengthen this provision. limit on childless adults who are willing to Child Care Health and Safety Protections. Equal Protection. The Committee includes work but are not offered a work slot. The bill repeals current child care health and provisions that would require States to es- Legal Immigrants. The bill retains the ex- safety protections and cuts set-aside funds to tablish objective criteria for delivery of ben- cessively harsh and uncompromising immi- the States to improve the safety and quality efits and to ensure equitable treatment. We gration provisions of last year’s vetoed bill. care. We strongly urge the Senate to restore are pleased that the Committee also incor- While we support the strengthening of re- these basic health and safety protections, porates appropriate State accountability quirements on the sponsors of legal immi- which were enacted with strong bipartisan measures. grants applying for SSI, Food Stamps, and support in 1990 and maintained in last year’s Hardship Exemption. We commend the Fi- Aid to Families with Dependent Children Senate bill and are essential to the safety nance Committee for following the NGA rec- (AFDC), the bill bans SSI and Food Stamps and well-being of millions of young children. ommendation and restoring last year’s Sen- for virtually all legal immigrants, and im- Family Caps. The Senate bill reverts back ate provisions allowing States to exempt up poses a five-year ban on most other Federal to the opt-out provision on family caps to 20 percent of hardship cases that reach the programs, including non-emergency Medic- which would restrict State flexibility in this five-year limit. aid, for new legal immigrants. These bans area. The Administration, as well as the Transitional Medicaid. We are pleased that would even cover legal immigrants who be- NGA, seeks complete State flexibility to set the Finance Committee has taken steps to come disabled after entering the country, family cap policy. ensure the continuation of Medicaid cov- families with children, and current recipi- EITC. The Administration opposes the pro- erage for some of those who are ents. The bill would deny benefits to 300,000 vision in S. 1956 that raises taxes on over transitioning from welfare to work. We are immigrant children and would affect many four million low-income adult workers by concerned, however, that States could deny more children whose parents are denied as- ending inflation adjustments for working households without dependent children, and this transitional Medicaid to many who sistance. The proposal unfairly shifts costs thereby substantially cutting the real value would lose cash benefits for various reasons. to States with high numbers of legal immi- of their tax credit over time. Raising taxes In addition, we still have concerned with grants. In addition, the bill requires most on these workers is wrong. In addition, the Medicaid coverage for those on cash assist- Federal, State, and local benefits programs budget resolution instructs the revenue com- ance, as noted below. to verify recipients’ citizenship or alien sta- mittees to cut up to $18.5 billion more from Worker Displacement. We are pleased that tus. These mandates would create extremely the EITC. Thus, EITC cuts could total over the bill incorporates provisions against difficult and costly administrative burdens $20 billion. Such large tax increases on work- worker displacement, including protections for State, local, and non-profit service pro- ing families are particularly ill-conceived from partial displacement as well as avenues viders, as well as barriers to participation for displaced employees to seek redress. when considered in the context of real wel- for citizens. Also, the Administration urges fare reform—that is, encouraging work and Child Nutrition. The bill now includes many that Senate not go in the harsh direction provisions proposed by the Administration, making work pay. that the House Rules Committee did yester- We strongly support the bipartisan welfare and no longer includes H.R. 4’s provisions for day in reporting a provision that would a child nutrition block-grant demonstration. reform initiatives of moderate Republicans broaden the ban on current immigrants from and Democrats in both the House and Sen- In addition, the bill exempts the child nutri- receiving Medicaid coverage. tion program from burdensome administra- ate. The Breaux-Chafee proposal addresses Medical Assistance Guarantee. The Adminis- many of our concerns, and it would strength- tive provisions related to its alien provi- tration opposes provisions that do not guar- sions. We believe that the Senate could fur- en State accountability efforts, welfare to antee continued Medicaid eligibility when work measures, and protections for children. ther improve the bill by including the Ad- States change AFDC rules. We are concerned ministration’s proposed 8 percent commod- It provides a foundation on which the Senate that families who lose cash assistance for should build in order to provide more State ity floor. various reasons, such as reaching the five- Child Protection. We commend the Finance flexibility; incentives for AFDC recipients to year limit or having additional children move from welfare to work; more parental Committee for preserving the Title IV-E fos- while they are receiving assistance, could ter care and adoption assistance programs responsibility; and protections for children. lose their Medicaid eligibility and be unable It is a good, strong proposal that would end (including related Medicaid coverage), and to receive the health care services that they other family support and child abuse preven- welfare as we know it. Breaux-Chafee pro- need. In addition, State flexibility to change vides the much needed opportunity for a real tion efforts. these AFDC rules could adversely affect Supplemental Security Income (SSI). The bill bipartisan compromise, and it should be the Medicaid eligibility determinations, includ- basis for a quick agreement between the par- removes the proposed two-tiered benefit sys- ing eligibility for poverty-related pregnant tem for disabled children receiving SSI, and ties. women and children. The President stands ready to work with retains full cash benefits for all eligible chil- Protection in Economic Downturn. Although dren. Congress to address the outstanding con- the Contingency Fund is twice what it was in cerns so we can enact a strong, bipartisan We remain pleased that Congress has de- the vetoed bill, it still does not allow for fur- cided to include central elements of the welfare reform bill to replace the current ther expansions during poor economic condi- system with one that demands responsibil- President’s approach—time limits, work re- tions and periods of increased need. We are quirements, the toughest possible child sup- ity, strengthens families, protects children, also concerned about provisions that reduce and gives States broad flexibility and the port enforcement, and the requirement that the match rate on contingency funds for minor mothers live at home as a condition of needed resources to get the job done. States that access the fund for periods of Sincerely, assistance—in this legislation. under a year. JACOB J. LEW, KEY CONCERNS WITH S. 1956 Resources for Work. S. 1956 would not pro- Acting Director. The Administration, however, remains vide the resources States need to move re- deeply concerned that S. 1956 still lacks cipients into work. The bill increases the Mr. DOMENICI. Mr. President, par- other important provisions that have earned work mandates on States above the levels in liamentary inquiry. Is it correct, pur- bipartisan endorsement. H.R. 4 while providing no additional re- suant to the regular order, we would S8426 CONGRESSIONAL RECORD — SENATE July 22, 1996 now proceed with the agriculture ap- sessment, cost-benefit analysis, and the ferred to any agency of the Department for propriations bill? functions of the World Agricultural Outlook its use in meeting all requirements pursuant The PRESIDING OFFICER. The Sen- Board, as authorized by the Agricultural to the above Acts on Federal and non-Fed- ator is correct. Marketing Act of 1946 (7 U.S.C. 1622g), and in- eral lands. Mr. DOMENICI. Mr. President, I cluding employment pursuant to the second DEPARTMENTAL ADMINISTRATION yield the floor and suggest the absence sentence of section 706(a) of the Organic Act (INCLUDING TRANSFERS OF FUNDS) of 1944 (7 U.S.C. 2225), of which not to exceed For Departmental Administration, of a quorum. $5,000 is for employment under 5 U.S.C. 3109, ø$28,304,000¿ $30,529,000, to provide for nec- The PRESIDING OFFICER. The $4,231,000. clerk will call the roll. essary expenses for management support The assistant legislative clerk pro- NATIONAL APPEALS DIVISION services to offices of the Department and for For necessary expenses of the National Ap- general administration and disaster manage- ceeded to call the roll. ment of the Department, repairs and alter- Mr. COCHRAN. Mr. President, I ask peals Division, including employment pursu- ant to the second sentence of section 706(a) ations, and other miscellaneous supplies and unanimous consent that the order for of the Organic Act of 1944 (7 U.S.C. 2225), of expenses not otherwise provided for and nec- the quorum call be rescinded. which not to exceed $25,000 is for employ- essary for the practical and efficient work of The PRESIDING OFFICER. Without ment under 5 U.S.C. 3109, $11,718,000. the Department, including employment pur- suant to the second sentence of section 706(a) objection, it is so ordered. OFFICE OF BUDGET AND PROGRAM ANALYSIS Mr. COCHRAN. Mr. President, what of the Organic Act of 1944 (7 U.S.C. 2225), of is the business now before the Senate? For necessary expenses of the Office of which not to exceed $10,000 is for employ- Budget and Program Analysis, including em- f ment under 5 U.S.C. 3109: Provided, That this ployment pursuant to the second sentence of appropriation shall be reimbursed from ap- AGRICULTURE, RURAL DEVELOP- section 706(a) of the Organic Act of 1944 (7 plicable appropriations in this Act for travel MENT, FOOD AND DRUG ADMIN- U.S.C. 2225), of which not to exceed $5,000 is expenses incident to the holding of hearings for employment under 5 U.S.C. 3109, as required by 5 U.S.C. 551–558: Provided fur- ISTRATION, AND RELATED $5,986,000. AGENCIES APPROPRIATIONS FOR ther, That of the total amount appropriated, not CHIEF FINANCIAL OFFICER less than $11,774,000 shall be made available for FISCAL YEAR 1997 For necessary expenses of the Office of the civil rights enforcement. The PRESIDING OFFICER. Under Chief Financial Officer, including employ- OFFICE OF THE ASSISTANT SECRETARY FOR the previous order, the clerk will re- ment pursuant to the second sentence of sec- CONGRESSIONAL RELATIONS port the agriculture appropriations tion 706(a) of the Organic Act of 1944 (7 U.S.C. (INCLUDING TRANSFERS OF FUNDS) bill. 2225), of which not to exceed $10,000 is for em- For necessary salaries and expenses of the The assistant legislative clerk read ployment under 5 U.S.C. 3109, $4,283,000: Pro- Office of the Assistant Secretary for Con- as follows: vided, That the Chief Financial Officer shall gressional Relations to carry out the pro- actively market cross-servicing activities of A bill (H.R. 3603) making appropriations grams funded in this Act, including pro- for Agriculture, Rural Development, Food the National Finance Center. grams involving intergovernmental affairs and Drug Administration, and Related Agen- OFFICE OF THE ASSISTANT SECRETARY FOR and liaison within the executive branch, cies programs for the fiscal year ending Sep- ADMINISTRATION ø$3,728,000¿ $3,668,000: Provided, That no other tember 30, 1997, and for other purposes. For necessary salaries and expenses of the funds appropriated to the Department in this The Senate proceeded to consider the Office of the Assistant Secretary for Admin- Act shall be available to the Department for support of activities of congressional rela- bill, which had been reported from the istration to carry out the programs funded in this Act, $613,000. tions: Provided further, That not less than Committee on Appropriations, with $2,241,000 shall be transferred to agencies AGRICULTURE BUILDINGS AND FACILITIES AND amendments; as follows: funded in this Act to maintain personnel at RENTAL PAYMENTS (The parts of the bill intended to be the agency level. stricken are shown in boldface brack- (INCLUDING TRANSFERS OF FUNDS) OFFICE OF COMMUNICATIONS ets and the parts of the bill intended to For payment of space rental and related For necessary expenses to carry on serv- be inserted are shown in italic). costs pursuant to Public Law 92–313, includ- ices relating to the coordination of programs H.R. 3603 ing authorities pursuant to the 1984 delega- involving public affairs, for the dissemina- tion of authority from the Administrator of Be it enacted by the Senate and House of Rep- tion of agricultural information, and the co- General Services to the Department of Agri- resentatives of the United States of America in ordination of information, work, and pro- culture under 40 U.S.C. 486, for programs and Congress assembled, That the following sums grams authorized by Congress in the Depart- activities of the Department which are in- are appropriated, out of any money in the ment, $8,138,000, including employment pur- Treasury not otherwise appropriated, for Ag- cluded in this Act, and for the operation, suant to the second sentence of section 706(a) riculture, Rural Development, Food and maintenance, and repair of Agriculture of the Organic Act of 1944 (7 U.S.C. 2225), of Drug Administration, and Related Agencies buildings, $120,548,000: Provided, That in the which not to exceed $10,000 shall be available programs for the fiscal year ending Septem- event an agency within the Department for employment under 5 U.S.C. 3109, and not ber 30, 1997, and for other purposes, namely: should require modification of space needs, to exceed $2,000,000 may be used for farmers’ the Secretary of Agriculture may transfer a TITLE I bulletins. share of that agency’s appropriation made OFFICE OF THE INSPECTOR GENERAL AGRICULTURAL PROGRAMS available by this Act to this appropriation, PRODUCTION, PROCESSING, AND MARKETING or may transfer a share of this appropriation (INCLUDING TRANSFERS OF FUNDS) OFFICE OF THE SECRETARY to that agency’s appropriation, but such For necessary expenses of the Office of the Inspector General, including employment (INCLUDING TRANSFERS OF FUNDS) transfers shall not exceed 5 percent of the funds made available for space rental and re- pursuant to the second sentence of section For necessary expenses of the Office of the 706(a) of the Organic Act of 1944 (7 U.S.C. Secretary of Agriculture, and not to exceed lated costs to or from this account. In addi- 2225), and the Inspector General Act of 1978, $75,000 for employment under 5 U.S.C. 3109, tion, for construction, repair, improvement, as amended, $63,028,000, including such sums $2,836,000: Provided, That not to exceed $11,000 extension, alteration, and purchase of fixed as may be necessary for contracting and of this amount, along with any unobligated equipment or facilities as necessary to carry other arrangements with public agencies and balances of representation funds in the For- out the programs of the Department, where private persons pursuant to section 6(a)(9) of eign Agricultural Service shall be available not otherwise provided, ø$5,000,000¿, the Inspector General Act of 1978, as amend- for official reception and representation ex- $25,587,000 to remain available until ex- ed, including a sum not to exceed $50,000 for penses, not otherwise provided for, as deter- pended; making a total appropriation of employment under 5 U.S.C. 3109; and includ- mined by the Secretary : Provided further, ø$125,548,000¿ $146,135,000. ø ing a sum not to exceed $95,000 for certain That none of the funds appropriated or oth- HAZARDOUS WASTE MANAGEMENT confidential operational expenses including erwise made available by this Act may be (INCLUDING TRANSFERS OF FUNDS) the payment of informants, to be expended used to detail an individual from an agency For necessary expenses of the Department under the direction of the Inspector General funded in this Act to any Under Secretary of Agriculture, to comply with the require- pursuant to Public Law 95–452 and section office or Assistant Secretary office for more ment of section 107(g) of the Comprehensive 1337 of Public Law 97–98: Provided, That funds than 30 days : Provided further, That none of ¿ Environmental Response, Compensation, and transferred to the Office of the Inspector the funds made available by this Act may be Liability Act, as amended, 42 U.S.C. 9607(g), General through forfeiture proceedings or used to enforce section 793(d) of Public Law and section 6001 of the Resource Conserva- from the Department of Justice Assets For- 104–127. tion and Recovery Act, as amended, 42 U.S.C. feiture Fund or the Department of the Treas- EXECUTIVE OPERATIONS 6961, $15,700,000, to remain available until ex- ury Forfeiture Fund, as a participating agen- CHIEF ECONOMIST pended: Provided, That appropriations and cy, as an equitable share from the forfeiture For necessary expenses of the Chief Econo- funds available herein to the Department for of property in investigations in which the Of- mist, including economic analysis, risk as- Hazardous Waste Management may be trans- fice of the Inspector General participates, or July 22, 1996 CONGRESSIONAL RECORD — SENATE S8427 through the granting of a Petition for Re- ever is greater: Provided further, That the of Research and Education Activities, of mission or Mitigation, shall be deposited to limitations on alterations contained in this which not to exceed $100,000 shall be for em- the credit of this account for law enforce- Act shall not apply to modernization or re- ployment under 5 U.S.C. 3109; in all, ment activities authorized under the Inspec- placement of existing facilities at Beltsville, ø$411,849,000¿ $418,358,000. tor General Act of 1978, as amended, to re- Maryland: Provided further, That the fore- None of the funds in the foregoing para- main available until expended. going limitations shall not apply to replace- graph shall be available to carry out re- OFFICE OF THE GENERAL COUNSEL ment of buildings needed to carry out the search related to the production, processing Act of April 24, 1948 (21 U.S.C. 113a): Provided or marketing of tobacco or tobacco products. For necessary expenses of the Office of the further, That funds may be received from any General Counsel, $27,749,000. NATIVE AMERICAN INSTITUTIONS ENDOWMENT State, other political subdivision, organiza- FUND OFFICE OF THE UNDER SECRETARY FOR tion, or individual for the purpose of estab- RESEARCH, EDUCATION AND ECONOMICS For establishment of a Native American lishing or operating any research facility or institutions endowment fund, as authorized For necessary salaries and expenses of the research project of the Agricultural Re- by Public Law 130–382 (7 U.S.C. 301 note), Office of the Under Secretary for Research, search Service, as authorized by law. $4,600,000. Education and Economics to administer the None of the funds in the foregoing para- laws enacted by the Congress for the Eco- graph shall be available to carry out re- BUILDINGS AND FACILITIES nomic Research Service, the National Agri- search related to the production, processing For acquisition of land, construction, re- cultural Statistics Service, the Agricultural or marketing of tobacco or tobacco products. pair, improvement, extension, alteration, and purchase of fixed equipment or facilities Research Service, and the Cooperative State BUILDINGS AND FACILITIES Research, Education, and Extension Service, and for grants to States and other eligible $540,000. For acquisition of land, construction, re- recipients for such purposes, as necessary to pair, improvement, extension, alteration, ECONOMIC RESEARCH SERVICE carry out the agricultural research, exten- and purchase of fixed equipment or facilities sion, and teaching programs of the Depart- For necessary expenses of the Economic as necessary to carry out the agricultural re- ment of Agriculture, where not otherwise Research Service in conducting economic re- search programs of the Department of Agri- provided, ø$30,449,000¿ $55,668,000 (7 U.S.C. 390 search and analysis, as authorized by the Ag- culture, where not otherwise provided, et seq.), to remain available until expended (7 ricultural Marketing Act of 1946 (7 U.S.C. ø$59,600,000¿ $59,200,000, to remain available U.S.C. 2209b). 1621–1627) and other laws, ø$54,176,000¿ until expended (7 U.S.C. 2209b): Provided, EXTENSION ACTIVITIES $53,109,000: Provided, That this appropriation That funds may be received from any State, shall be available for employment pursuant other political subdivision, organization, or Payments to States, the District of Colum- to the second sentence of section 706(a) of individual for the purpose of establishing bia, Puerto Rico, Guam, the Virgin Islands, the Organic Act of 1944 (7 U.S.C. 2225). any research facility of the Agricultural Re- Micronesia, Northern Marianas, and Amer- NATIONAL AGRICULTURAL STATISTICS SERVICE search Service, as authorized by law. ican Samoa: For payments for cooperative extension work under the Smith-Lever Act, For necessary expenses of the National Ag- COOPERATIVE STATE RESEARCH, EDUCATION, as amended, to be distributed under sections ricultural Statistics Service in conducting AND EXTENSION SERVICE 3(b) and 3(c) of said Act, and under section statistical reporting and service work, in- RESEARCH AND EDUCATION ACTIVITIES 208(c) of Public Law 93–471, for retirement cluding crop and livestock estimates, statis- For payments to agricultural experiment and employees’ compensation costs for ex- tical coordination and improvements, mar- stations, for cooperative forestry and other tension agents and for costs of penalty mail keting surveys, and the Census of Agri- research, for facilities, and for other ex- for cooperative extension agents and State culture notwithstanding 13 U.S.C. 142(a–b), penses, including ø$163,671,000¿ $168,734,000 to extension directors, ø$260,438,000¿ $268,493,000; as authorized by the Agricultural Marketing carry into effect the provisions of the Hatch $2,500,000 for extension work at the 1994 Institu- Act of 1946 (7 U.S.C. 1621–1627) and other Act (7 U.S.C. 361a–361i); ø$19,882,000¿ tions under the Smith-Lever Act (7 U.S.C. laws, $100,221,000 $98,121,000, of which up to ø ¿ $20,497,000 for grants for cooperative forestry 343(b)(3)); payments for the nutrition and $17,500,000 shall be available until expended research (16 U.S.C. 582a–582–a7); ø$26,902,000¿ family education program for low-income for the Census of Agriculture: Provided, That $27,735,000 for payments to the 1890 land- areas under section 3(d) of the Act, this appropriation shall be available for em- grant colleges, including Tuskegee Univer- ø$58,695,000¿ $60,510,000; payments for the pest ployment pursuant to the second sentence of sity (7 U.S.C. 3222); ø$44,235,000¿ $46,068,000 for management program under section 3(d) of section 706(a) of the Organic Act of 1944 (7 special grants for agricultural research (7 the Act, $10,783,000; payments for the farm U.S.C. 2225), and not to exceed $40,000 shall be U.S.C. 450i(c)); $11,769,000 for special grants safety program under section 3(d) of the Act, available for employment under 5 U.S.C. for agricultural research on improved pest ø$2,855,000¿ $2,943,000; payments for the pes- 3109. control (7 U.S.C. 450i(c)); ø$96,735,000¿ ticide impact assessment program under sec- AGRICULTURAL RESEARCH SERVICE $93,935,000 for competitive research grants (7 tion 3(d) of the Act, ø$3,214,000¿ $3,313,000; For necessary expenses to enable the Agri- U.S.C. 450i(b)); ø$4,775,000¿ $5,051,000 for the payments to upgrade 1890 land-grant college cultural Research Service to perform agri- support of animal health and disease pro- research, extension, and teaching facilities cultural research and demonstration relating grams (7 U.S.C. 3195); ø$650,000¿ $500,000 for as authorized by section 1447 of Public Law to production, utilization, marketing, and supplemental and alternative crops and prod- 95–113, as amended (7 U.S.C. 3222b), distribution (not otherwise provided for); ucts (7 U.S.C. 3319d); ø$500,000¿ $700,000 for ø$7,549,000¿ $7,782,000, to remain available home economics or nutrition and consumer grants for research pursuant to the Critical until expended; $1,700,000 for institutional ca- use including the acquisition, preservation, Agricultural Materials Act of 1984 (7 U.S.C. pacity building grants at the 1994 Institutions (7 and dissemination of agricultural informa- 178) and section 1472 of the Food and Agri- U.S.C. 301 note), to remain available until ex- tion; and for acquisition of lands by dona- culture Act of 1977, as amended (7 U.S.C. pended (7 U.S.C. 2209b); payments for the tion, exchange, or purchase at a nominal 3318), to remain available until expended; rural development centers under section 3(d) cost not to exceed $100, ø$702,831,000¿ $475,000 for rangeland research grants (7 of the Act, ø$908,000¿ $936,000; payments for a $721,758,000: Provided, That appropriations U.S.C. 3331–3336); $3,000,000 for higher edu- groundwater quality program under section hereunder shall be available for temporary cation graduate fellowships grants (7 U.S.C. 3(d) of the Act, ø$10,733,000¿ $11,065,000; pay- employment pursuant to the second sentence 3152(b)(6)), to remain available until ex- ments for the agricultural telecommuni- of section 706(a) of the Organic Act of 1944 (7 pended (7 U.S.C. 2209b); $4,000,000 for higher cations program, as authorized by Public U.S.C. 2225), and not to exceed $115,000 shall education challenge grants (7 U.S.C. Law 101–624 (7 U.S.C. 5926), ø$1,167,000¿ be available for employment under 5 U.S.C. 3152(b)(1)); $1,000,000 for a higher education $1,203,000; payments for youth-at-risk pro- 3109: Provided further, That appropriations minority scholars program (7 U.S.C. grams under section 3(d) of the Act, hereunder shall be available for the oper- 3152(b)(5)), to remain available until ex- ø$9,554,000¿ $9,850,000; payments for a food ation and maintenance of aircraft and the pended (7 U.S.C. 2209b); ø$2,000,000¿ $1,500,000 safety program under section 3(d) of the Act, purchase of not to exceed one for replace- for an education grants program for His- ø$2,365,000¿ $2,438,000; payments for carrying ment only: Provided further, That appropria- panic-serving Institutions (7 U.S.C. 3241); out the provisions of the Renewable Re- tions hereunder shall be available pursuant $4,000,000 for aquaculture grants (7 U.S.C. sources Extension Act of 1978, ø$3,192,000¿ to 7 U.S.C. 2250 for the construction, alter- 3322); ø$8,000,000¿ $8,100,000 for sustainable ag- $3,291,000; payments for Indian reservation ation, and repair of buildings and improve- riculture research and education (7 U.S.C. agents under section 3(d) of the Act, ments, but unless otherwise provided the 5811); $9,200,000 for a program of capacity ø$1,672,000¿ $1,724,000; payments for sustain- cost of constructing any one building shall building grants (7 U.S.C. 3152(b)(4)) to col- able agriculture programs under section 3(d) not exceed $250,000, except for headhouses or leges eligible to receive funds under the Act of the Act, ø$3,309,000¿ $3,411,000; payments greenhouses which shall each be limited to of August 30, 1890 (7 U.S.C. 321–326 and 328), for rural health and safety education as au- $1,000,000, and except for ten buildings to be including Tuskegee University ø7 U.S.C. thorized by section 2390 of Public Law 101–624 constructed or improved at a cost not to ex- 3152(b)(4),¿ to remain available until ex- (7 U.S.C. 2661 note, 2662), ø$2,628,000¿ ceed $500,000 each, and the cost of altering pended (7 U.S.C. 2209b); $1,450,000 for pay- $2,709,000; payments for cooperative exten- any one building during the fiscal year shall ments to the 1994 Institutions pursuant to sion work by the colleges receiving the bene- not exceed 10 percent of the current replace- section 534(a)(1) of Public Law 103–382; and fits of the second Morrill Act (7 U.S.C. 321– ment value of the building or $250,000, which- ø$9,605,000¿ $10,644,000 for necessary expenses 326, 328) and Tuskegee University, S8428 CONGRESSIONAL RECORD — SENATE July 22, 1996 ø$24,337,000¿ $25,090,000; and for Federal ad- leased buildings and improvements, but un- kets, and similar agencies for marketing ac- ministration and coordination including ad- less otherwise provided the cost of altering tivities under section 204(b) of the Agricul- ministration of the Smith-Lever Act, as any one building during the fiscal year shall tural Marketing Act of 1946 (7 U.S.C. 1623(b)), amended, and the Act of September 29, 1977 not exceed 10 percent of the current replace- $1,200,000. (7 U.S.C. 341–349), as amended, and section ment value of the building. GRAIN INSPECTION, PACKERS AND STOCKYARDS 1361(c) of the Act of October 3, 1980 (7 U.S.C. In fiscal year 1997 the agency is authorized ADMINISTRATION to collect fees to cover the total costs of pro- 301 note), and to coordinate and provide pro- SALARIES AND EXPENSES viding technical assistance, goods, or serv- gram leadership for the extension work of For necessary expenses to carry out the the Department and the several States and ices requested by States, other political sub- divisions, domestic and international organi- provisions of the United States Grain Stand- insular possessions, ø$6,271,000¿ $11,331,000; in ards Act, as amended, for the administration all, ø$409,670,000¿ $431,072,000: Provided, That zations, foreign governments, or individuals, provided that such fees are structured such of the Packers and Stockyards Act, for cer- funds hereby appropriated pursuant to sec- tifying procedures used to protect purchasers tion 3(c) of the Act of June 26, 1953, and sec- that any entity’s liability for such fees is reasonably based on the technical assistance, of farm products, and the standardization ac- tion 506 of the Act of June 23, 1972, as amend- tivities related to grain under the Agricul- ed, shall not be paid to any State, the Dis- goods, or services provided to the entity by the agency, and such fees shall be credited to tural Marketing Act of 1946, as amended, in- trict of Columbia, Puerto Rico, Guam, or the cluding field employment pursuant to sec- Virgin Islands, Micronesia, Northern Mari- this account, to remain available until ex- pended, without further appropriation, for tion 706(a) of the Organic Act of 1944 (7 U.S.C. anas, and American Samoa prior to avail- 2225), and not to exceed $25,000 for employ- ability of an equal sum from non-Federal providing such assistance, goods, or services. Of the total amount available under this ment under 5 U.S.C. 3109, $22,728,000: Pro- sources for expenditure during the current vided, That this appropriation shall be avail- fiscal year. heading in fiscal year 1997, $98,000,000 shall be derived from user fees deposited in the Agri- able pursuant to law (7 U.S.C. 2250) for the OFFICE OF THE ASSISTANT SECRETARY FOR cultural Quarantine Inspection User Fee Ac- alteration and repair of buildings and im- MARKETING AND REGULATORY PROGRAMS count. provements, but the cost of altering any one building during the fiscal year shall not ex- For necessary salaries and expenses of the BUILDINGS AND FACILITIES Office of the Assistant Secretary for Market- ceed 10 percent of the current replacement For plans, construction, repair, preventive ing and Regulatory Programs to administer value of the building. maintenance, environmental support, im- programs under the laws enacted by the Con- provement, extension, alteration, and pur- INSPECTION AND WEIGHING SERVICES gress for the Animal and Plant Health In- chase of fixed equipment or facilities, as au- LIMITATION ON INSPECTION AND WEIGHING spection Service, Agricultural Marketing thorized by 7 U.S.C. 2250, and acquisition of SERVICE EXPENSES Service, and the Grain Inspection, Packers land as authorized by 7 U.S.C. 428a, $3,200,000, Not to exceed $43,207,000 (from fees col- and Stockyards Administration, $618,000. to remain available until expended. lected) shall be obligated during the current ANIMAL AND PLANT HEALTH INSPECTION AGRICULTURAL MARKETING SERVICE fiscal year for inspection and weighing serv- SERVICE ices: Provided, That if grain export activities MARKETING SERVICES require additional supervision and oversight, SALARIES AND EXPENSES For necessary expenses to carry on serv- or other uncontrollable factors occur, this (INCLUDING TRANSFERS OF FUNDS) ices related to consumer protection, agricul- limitation may be exceeded by up to 10 per- For expenses, not otherwise provided for, tural marketing and distribution, transpor- cent with notification to the Appropriations including those pursuant to the Act of Feb- tation, and regulatory programs, as author- Committees. ruary 28, 1947, as amended (21 U.S.C. 114b–c), ized by law, and for administration and co- necessary to prevent, control, and eradicate ordination of payments to States; including OFFICE OF THE UNDER SECRETARY FOR FOOD pests and plant and animal diseases; to carry field employment pursuant to section 706(a) SAFETY out inspection, quarantine, and regulatory of the Organic Act of 1944 (7 U.S.C. 2225), and For necessary salaries and expenses of the activities; to discharge the authorities of the not to exceed $90,000 for employment under 5 Office of the Under Secretary for Food Safe- Secretary of Agriculture under the Act of U.S.C. 3109, ø$37,592,000¿ $47,829,000, including ty to administer the laws enacted by the March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); funds for the wholesale market development Congress for the Food Safety and Inspection and to protect the environment, as author- program for the design and development of Service, $446,000. ized by law, ø$435,428,000¿ $432,103,000, of wholesale and farmer market facilities for FOOD SAFETY AND INSPECTION SERVICE which ø$4,500,000¿ $5,000,000 shall be available the major metropolitan areas of the country: For necessary expenses to carry on serv- for the control of outbreaks of insects, plant Provided, That this appropriation shall be ices authorized by the Federal Meat Inspec- diseases, animal diseases and for control of available pursuant to law (7 U.S.C. 2250) for tion Act, as amended, the Poultry Products pest animals and birds to the extent nec- the alteration and repair of buildings and Inspection Act, as amended, and the Egg essary to meet emergency conditions: Pro- improvements, but the cost of altering any Products Inspection Act, as amended, vided, That no funds shall be used to formu- one building during the fiscal year shall not ø$574,000,000¿ $557,697,000, and in addition, late or administer a brucellosis eradication exceed 10 percent of the current replacement $1,000,000 may be credited to this account program for the current fiscal year that does value of the building. from fees collected for the cost of laboratory not require minimum matching by the Fees may be collected for the cost of stand- accreditation as authorized by section 1017 of States of at least 40 percent: Provided further, ardization activities, as established by regu- Public Law 102–237: Provided, That this ap- That this appropriation shall be available for lation pursuant to law (31 U.S.C. 9701). propriation shall not be available for shell field employment pursuant to the second LIMITATION ON ADMINISTRATIVE EXPENSES egg surveillance under section 5(d) of the Egg sentence of section 706(a) of the Organic Act Not to exceed $59,012,000 (from fees col- Products Inspection Act (21 U.S.C. 1034(d)): of 1944 (7 U.S.C. 2225), and not to exceed lected) shall be obligated during the current Provided further, That this appropriation $40,000 shall be available for employment fiscal year for administrative expenses: Pro- shall be available for field employment pur- under 5 U.S.C. 3109: Provided further, That vided, That if crop size is understated and/or suant to section 706(a) of the Organic Act of this appropriation shall be available for the other uncontrollable events occur, the agen- 1944 (7 U.S.C. 2225), and not to exceed $75,000 operation and maintenance of aircraft and cy may exceed this limitation by up to 10 shall be available for employment under 5 the purchase of not to exceed four, of which percent with notification to the Appropria- U.S.C. 3109: Provided further, That this appro- two shall be for replacement only: Provided tions Committees. priation shall be available pursuant to law (7 further, That, in addition, in emergencies FUNDS FOR STRENGTHENING MARKETS, INCOME, U.S.C. 2250) for the alteration and repair of which threaten any segment of the agricul- AND SUPPLY (SECTION 32) buildings and improvements, but the cost of tural production industry of this country, altering any one building during the fiscal (INCLUDING TRANSFERS OF FUNDS) the Secretary may transfer from other ap- year shall not exceed 10 percent of the cur- propriations or funds available to the agen- Funds available under section 32 of the Act rent replacement value of the building. of August 24, 1935 (7 U.S.C. 612c) shall be used cies or corporations of the Department such OFFICE OF THE UNDER SECRETARY FOR FARM only for commodity program expenses as au- sums as he may deem necessary, to be avail- AND FOREIGN AGRICULTURAL SERVICES thorized therein, and other related operating able only in such emergencies for the arrest For necessary salaries and expenses of the and eradication of contagious or infectious expenses, except for: (1) transfers to the De- partment of Commerce as authorized by the Office of the Under Secretary for Farm and disease or pests of animals, poultry, or Foreign Agricultural Services to administer plants, and for expenses in accordance with Fish and Wildlife Act of August 8, 1956; (2) the laws enacted by Congress for the øCon- the Act of February 28, 1947, as amended, and transfers otherwise provided in this Act; and solidated¿ Farm Service Agency, Foreign section 102 of the Act of September 21, 1944, (3) not more than $10,576,000 for formulation and administration of marketing agreements Agricultural Service, and the Commodity as amended, and any unexpended balances of Credit Corporation, $572,000. funds transferred for such emergency pur- and orders pursuant to the Agricultural Mar- FARM SERVICE AGENCY poses in the next preceding fiscal year shall keting Agreement Act of 1937, as amended, be merged with such transferred amounts: and the Agricultural Act of 1961. SALARIES AND EXPENSES Provided further, That appropriations here- PAYMENTS TO STATES AND POSSESSIONS (INCLUDING TRANSFERS OF FUNDS) under shall be available pursuant to law (7 For payments to departments of agri- For necessary expenses for carrying out U.S.C. 2250) for the repair and alteration of culture, bureaus and departments of mar- the administration and implementation of July 22, 1996 CONGRESSIONAL RECORD — SENATE S8429 programs administered by the Farm Service program loans as authorized by 7 U.S.C. 1989, TITLE II Agency, ø$746,440,000¿ $795,000,000: Provided, $15,384,000; and for credit sales of acquired CONSERVATION PROGRAMS That the Secretary is authorized to use the property, $25,000,000. OFFICE OF THE UNDER SECRETARY FOR services, facilities, and authorities (but not For the cost of direct and guaranteed NATURAL RESOURCES AND ENVIRONMENT the funds) of the Commodity Credit Corpora- loans, including the cost of modifying loans For necessary salaries and expenses of the tion to make program payments for all pro- as defined in section 502 of the Congressional Office of the Under Secretary for Natural Re- grams administered by the Agency: Provided Budget Act of 1974, as follows: farm owner- sources and Environment to administer the further, That other funds made available to ship loans, $27,975,000, of which $22,055,000 laws enacted by the Congress for the Forest the Agency for authorized activities may be shall be for guaranteed loans; operating Service and the Natural Resources Conserva- advanced to and merged with this account: loans, $96,840,000, of which $19,210,000 shall be tion Service, $693,000. Provided further, That these funds shall be for unsubsidized guaranteed loans and NATURAL RESOURCES CONSERVATION SERVICE available for employment pursuant to the $18,480,000 shall be for subsidized guaranteed CONSERVATION OPERATIONS second sentence of section 706(a) of the Or- loans; Indian tribe land acquisition loans as ganic Act of 1944 (7 U.S.C. 2225), and not to authorized by 25 U.S.C. 488, $54,000; for emer- For necessary expenses for carrying out exceed $1,000,000 shall be available for em- gency insured loans, ø$6,365,000¿ $19,095,000 to the provisions of the Act of April 27, 1935 (16 ployment under 5 U.S.C. 3109. meet the needs resulting from natural disas- U.S.C. 590a–590f) including preparation of STATE MEDIATION GRANTS ters; for boll weevil eradication program loans conservation plans and establishment of For grants pursuant to section 502(b) of the as authorized by 7 U.S.C. 1989, $2,000,000; and measures to conserve soil and water (includ- Agricultural Credit Act of 1987, as amended (7 for credit sales of acquired property, ing farm irrigation and land drainage and U.S.C. 5101–5106), $2,000,000. $2,530,000. such special measures for soil and water management as may be necessary to prevent DAIRY INDEMNITY PROGRAM In addition, for administrative expenses floods and the siltation of reservoirs and to (INCLUDING TRANSFERS OF FUNDS) necessary to carry out the direct and guar- control agricultural related pollutants); op- anteed loan programs, $221,046,000, of which For necessary expenses involved in making eration of conservation plant materials cen- $208,446,000 shall be transferred to and indemnity payments to dairy farmers for ters; classification and mapping of soil; dis- merged with the ‘‘Farm Service Agency, Sal- milk or cows producing such milk and manu- semination of information; acquisition of aries and Expenses’’ account. facturers of dairy products who have been di- lands, water, and interests therein for use in rected to remove their milk or dairy prod- øOFFICE OF RISK MANAGEMENT the plant materials program by donation, ex- ucts from commercial markets because it change, or purchase at a nominal cost not to contained residues of chemicals registered øFor administrative and operating ex- exceed $100 pursuant to the Act of August 3, and approved for use by the Federal Govern- penses, as authorized by the Federal Agri- 1956 (7 U.S.C. 428a); purchase and erection or ment, and in making indemnity payments culture Improvement and Reform Act of 1996 alteration or improvement of permanent and for milk, or cows producing such milk, at a (7 U.S.C. 6933), $62,198,000: Provided, That not temporary buildings; and operation and fair market value to any dairy farmer who is to exceed $700 shall be available for official maintenance of aircraft, ø$619,392,000¿ directed to remove his milk from commer- reception and representation expenses, as au- $638,954,000, to remain available until ex- cial markets because of (1) the presence of thorized by 7 U.S.C. 1506(i).¿ pended (7 U.S.C. 2209b), of which not less products of nuclear radiation or fallout if CORPORATIONS than $5,835,000 is for snow survey and water such contamination is not due to the fault of forecasting and not less than $8,825,000 is for the farmer, or (2) residues of chemicals or The following corporations and agencies operation and establishment of the plant ma- toxic substances not included under the first are hereby authorized to make expenditures, terials centers: Provided, That appropriations sentence of the Act of August 13, 1968, as within the limits of funds and borrowing au- hereunder shall be available pursuant to 7 amended (7 U.S.C. 450j), if such chemicals or thority available to each such corporation or U.S.C. 2250 for construction and improve- toxic substances were not used in a manner agency and in accord with law, and to make ment of buildings and public improvements contrary to applicable regulations or label- contracts and commitments without regard at plant materials centers, except that the ing instructions provided at the time of use to fiscal year limitations as provided by sec- cost of alterations and improvements to and the contamination is not due to the tion 104 of the Government Corporation Con- other buildings and other public improve- fault of the farmer, $100,000, to remain avail- trol Act, as amended, as may be necessary in ments shall not exceed $250,000: Provided fur- able until expended (7 U.S.C. 2209b): Provided, carrying out the programs set forth in the ther, That when buildings or other structures That none of the funds contained in this Act budget for the current fiscal year for such are erected on non-Federal land, that the shall be used to make indemnity payments corporation or agency, except as hereinafter right to use such land is obtained as provided to any farmer whose milk was removed from provided. in 7 U.S.C. 2250a: Provided further, That this commercial markets as a result of his willful FEDERAL CROP INSURANCE CORPORATION FUND appropriation shall be available for technical failure to follow procedures prescribed by assistance and related expenses to carry out the Federal Government: Provided further, For payments as authorized by section 516 programs authorized by section 202(c) of title That this amount shall be transferred to the of the Federal Crop Insurance Act, as amend- II of the Colorado River Basin Salinity Con- Commodity Credit Corporation: Provided fur- ed, such sums as may be necessary, to re- trol Act of 1974, as amended (43 U.S.C. ther, That the Secretary is authorized to uti- main available until expended (7 U.S.C. 1592(c)): Provided further, That no part of this lize the services, facilities, and authorities of 2209b). appropriation may be expended for soil and the Commodity Credit Corporation for the COMMODITY CREDIT CORPORATION FUND water conservation operations under the Act purpose of making dairy indemnity disburse- of April 27, 1935 (16 U.S.C. 590a–590f) in dem- ments. REIMBURSEMENT FOR NET REALIZED LOSSES onstration projects: Provided further, That OUTREACH FOR SOCIALLY DISADVANTAGED For fiscal year 1997, such sums as may be this appropriation shall be available for em- FARMERS necessary to reimburse the Commodity Cred- ployment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 For grants and contracts pursuant to sec- it Corporation for net realized losses sus- tained, but not previously reimbursed (esti- U.S.C. 2225) and not to exceed $25,000 shall be tion 2501 of the Food, Agriculture, Conserva- available for employment under 5 U.S.C. tion, and Trade Act of 1990 (7 U.S.C. 2279), mated to be $1,500,000,000 in the President’s fiscal year 1997 Budget Request (H. Doc. 104– 3109: Provided further, That qualified local en- $1,000,000, to remain available until ex- gineers may be temporarily employed at per pended. 162)), but not to exceed $1,500,000,000, pursu- ant to section 2 of the Act of August 17, 1961, diem rates to perform the technical planning AGRICULTURAL CREDIT INSURANCE FUND as amended (15 U.S.C. 713a–11). work of the Service (16 U.S.C. 590e–2): Pro- PROGRAM ACCOUNT vided further, That of the total amount appro- (INCLUDING TRANSFERS OF FUNDS) OPERATIONS AND MAINTENANCE FOR priated, no more than $250,000 may be available HAZARDOUS WASTE MANAGEMENT For gross obligations for the principal for purposes authorized under sections 351–360 amount of direct and guaranteed loans as au- For fiscal year 1997, the Commodity Credit of Public Law 104–127. thorized by 7 U.S.C. 1928–1929, to be available Corporation shall not expend more than WATERSHED SURVEYS AND PLANNING from funds in the Agricultural Credit Insur- $5,000,000 for expenses to comply with the re- For necessary expenses to conduct re- ance Fund, as follows: farm ownership loans, quirement of section 107(g) of the Com- search, investigation, and surveys of water- $600,000,000, of which $550,000,000 shall be for prehensive Environmental Response, Com- sheds of rivers and other waterways, and for guaranteed loans; operating loans, pensation, and Liability Act, as amended, 42 small watershed investigations and planning, $2,345,071,000, of which $1,700,000,000 shall be U.S.C. 9607(g), and section 6001 of the Re- in accordance with the Watershed Protection for unsubsidized guaranteed loans and source Conservation and Recovery Act, as and Flood Prevention Act approved August $200,000,000 shall be for subsidized guaranteed amended, 42 U.S.C. 6961: Provided, That ex- 4, 1954, as amended (16 U.S.C. 1001–1009), loans; Indian tribe land acquisition loans as penses shall be for operations and mainte- ø$10,762,000¿ $14,000,000: Provided, That this authorized by 25 U.S.C. 488, $1,000,000; for nance costs only and that other hazardous appropriation shall be available for employ- emergency insured loans, ø$25,000,000¿ waste management costs shall be paid for by ment pursuant to the second sentence of sec- $75,000,000 to meet the needs resulting from the USDA Hazardous Waste Management ap- tion 706(a) of the Organic Act of 1944 (7 U.S.C. natural disasters; for boll weevil eradication propriation in this Act. 2225), and not to exceed $110,000 shall be S8430 CONGRESSIONAL RECORD — SENATE July 22, 1996 available for employment under 5 U.S.C. borrowers, as determined by the Secretary, amounts appropriated shall be transferred to 3109. of which $2,300,000,000 shall be for loan program and grant accounts as deter- WATERSHED AND FLOOD PREVENTION unsubsidized guaranteed loans; $35,000,000 for mined by the Secretaryø: Provided further, OPERATIONS section 504 housing repair loans; $15,000,000 That no funds for new construction relating for section 514 farm labor housing; $58,654,000 to 515 rental housing may be available for For necessary expenses to carry out pre- for section 515 rental housing; $600,000 for fiscal year 1997 : Provided further, That of the ventive measures, including but not limited ¿ section 524 site loans; $50,000,000 for credit funds made available in this paragraph not to research, engineering operations, methods sales of acquired property; and $600,000 for more than $1,200,000 shall be available for the of cultivation, the growing of vegetation, re- section 523 self-help housing land develop- multi-family rural housing loan guarantee habilitation of existing works and changes in ment loans. program as authorized by section 5 of Public use of land, in accordance with the Water- For the cost of direct and guaranteed Law 104–120: Provided further, That if such shed Protection and Flood Prevention Act loans, including the cost of modifying loans, funds are not obligated for multi-family approved August 4, 1954, as amended (16 as defined in section 502 of the Congressional rural housing loan guarantees by June 30, U.S.C. 1001–1005, 1007–1009), the provisions of Budget Act of 1974, as follows: section 502 1997, they remain available for other author- the Act of April 27, 1935 (16 U.S.C. 590a–f), and loans, $89,210,000, of which $6,210,000 shall be ized purposes under this head: Provided fur- in accordance with the provisions of laws re- for unsubsidized guaranteed loans; section ther, That of the total amount appropriated, lating to the activities of the Department, 504 housing repair loans, $11,081,000; section not to exceed $1,200,000 shall be available for $101,036,000, to remain available until ex- 514 farm labor housing, $6,885,000; section 515 the cost of direct loans, loan guarantees, and pended (7 U.S.C. 2209b) (of which up to rental housing, $28,987,000ø: Provided, That no grants to be made available for $15,000,000 may be available for the water- funds for new construction for section 515 empowerment zones and enterprise commu- sheds authorized under the Flood Control rental housing may be available for fiscal nities as authorized by Public Law 103–66: Act approved June 22, 1936 (33 U.S.C. 701, 16 year 1997¿; credit sales of acquired property, Provided further, That if such funds are not U.S.C. 1006a), as amended and supplemented: $4,050,000; and section 523 self-help housing obligated for empowerment zones and enter- Provided, That this appropriation shall be land development loans, $17,000. prise communities by June 30, 1997, they re- available for employment pursuant to the In addition, for administrative expenses main available for other authorized purposes second sentence of section 706(a) of the Or- necessary to carry out the direct and guar- under this head. ganic Act of 1944 (7 U.S.C. 2225), and not to anteed loan programs, $366,205,000, which SALARIES AND EXPENSES exceed $200,000 shall be available for employ- shall be transferred to and merged with the For necessary expenses of the Rural Hous- ment under 5 U.S.C. 3109: Provided further, appropriation for ‘‘Rural Housing Service, ing Service, including administering the pro- That not to exceed $1,000,000 of this appro- Salaries and Expenses’’. priation is available to carry out the pur- grams authorized by the Consolidated Farm poses of the Endangered Species Act of 1973 RENTAL ASSISTANCE PROGRAM and Rural Development Act, as amended, (Public Law 93–205), as amended, including For rental assistance agreements entered title V of the Housing Act of 1949, as amend- cooperative efforts as contemplated by that into or renewed pursuant to the authority ed, and cooperative agreements, ø$53,889,000¿ Act to relocate endangered or threatened under section 521(a)(2) or agreements entered $66,354,000: Provided, That this appropriation species to other suitable habitats as may be into in lieu of debt forgiveness or payments shall be available for employment pursuant necessary to expedite project construction. for eligible households as authorized by sec- to the second sentence of 706(a) of the Or- tion 502(c)(5)(D) of the Housing Act of 1949, as RESOURCE CONSERVATION AND DEVELOPMENT ganic Act of 1944, and not to exceed $520,000 amended, $493,870,000; and in addition such may be used for employment under 5 U.S.C. For necessary expenses in planning and sums as may be necessary, as authorized by 3109. carrying out projects for resource conserva- section 521(c) of the Act, to liquidate debt in- RURAL BUSINESS-COOPERATIVE SERVICE tion and development and for sound land use curred prior to fiscal year 1992 to carry out pursuant to the provisions of section 32(e) of the rental assistance program under section RURAL DEVELOPMENT LOAN FUND PROGRAM title III of the Bankhead-Jones Farm Tenant 521(a)(2) of the Act: Provided, That of this ACCOUNT Act, as amended (7 U.S.C. 1010–1011; 76 Stat. amount not more than $5,900,000 shall be (INCLUDING TRANSFERS OF FUNDS) 607), the Act of April 27, 1935 (16 U.S.C. 590a– available for debt forgiveness or payments For the cost of direct loans, ø$18,400,000¿ f), and the Agriculture and Food Act of 1981 for eligible households as authorized by sec- $17,270,000, as authorized by the Rural Devel- (16 U.S.C. 3451–3461), $29,377,000, to remain tion 502(c)(5)(D) of the Act, and not to exceed opment Loan Fund (42 U.S.C. 9812(a)): Pro- available until expended (7 U.S.C. 2209b): Pro- $10,000 per project for advances to nonprofit vided, That such costs, including the cost of vided, That this appropriation shall be avail- organizations or public agencies to cover di- modifying such loans, shall be as defined in able for employment pursuant to the second rect costs (other than purchase price) in- section 502 of the Congressional Budget Act sentence of section 706(a) of the Organic Act curred in purchasing projects pursuant to of 1974: Provided further, That these funds are of 1944 (7 U.S.C. 2225), and not to exceed section 502(c)(5)(C) of the Act: Provided fur- available to subsidize gross obligations for $50,000 shall be available for employment ther, That agreements entered into or re- the principal amount of direct loans of under 5 U.S.C. 3109. newed during fiscal year 1997 shall be funded ø$40,000,000¿ $37,544,000: Provided further, That FORESTRY INCENTIVES PROGRAM for a five-year period, although the life of through June 30, 1997, of the total amount For necessary expenses, not otherwise pro- any such agreement may be extended to appropriated $3,345,000 shall be available for vided for, to carry out the program of for- fully utilize amounts obligated. the cost of direct loans, for empowerment estry incentives, as authorized in the Coop- MUTUAL AND SELF-HELP HOUSING GRANTS zones and enterprise communities, as au- erative Forestry Assistance Act of 1978 (16 For grants and contracts pursuant to sec- thorized by title XIII of the Omnibus Budget U.S.C. 2101), including technical assistance tion 523(b)(1)(A) of the Housing Act of 1949 (42 Reconciliation Act of 1993, to subsidize gross and related expenses, $6,325,000, to remain U.S.C. 1490c), $26,000,000, to remain available obligations for the principal amount of di- available until expended, as authorized by until expended (7 U.S.C. 2209b). rect loans, $7,246,000. that Act. RURAL ECONOMIC DEVELOPMENT LOANS RURAL HOUSING ASSISTANCE PROGRAM TITLE III PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) (INCLUDING TRANSFERS OF FUNDS) RURAL ECONOMIC AND COMMUNITY For the cost of direct loans, loan guaran- DEVELOPMENT PROGRAMS tees, agreements, and grants, as authorized For the principal amount of direct loans, OFFICE OF THE UNDER SECRETARY FOR RURAL by 7 U.S.C. 1926, 42 U.S.C. 1472, 1474, 1479, 1485, as authorized under section 313 of the Rural DEVELOPMENT 1486, and 1490(a), except for sections 381E, Electrification Act, for the purpose of pro- For necessary salaries and expenses of the 381H, 381N of the Consolidated Farm and moting rural economic development and job creation projects, $12,865,000. Office of the Under Secretary for Rural De- Rural Development Act, ø$73,190,000¿ For the cost of direct loans, including the velopment to administer programs under the $136,435,000, to remain available until ex- cost of modifying loans as defined in section laws enacted by the Congress for the Rural pended, for direct loans and loan guarantees 502 of the Congressional Budget Act of 1974, Housing Service, Rural Business-Cooperative for community facilities, community facili- $2,830,000. In addition, for administrative ex- Service, and the Rural Utilities Service of ties grant program, rental assistance associ- penses necessary to carry out the direct loan the Department of Agriculture, $588,000. ated with and direct loans for new construction program, $654,000, which shall be transferred RURAL HOUSING SERVICE of section 515 rental housing, rural housing for domestic farm labor grants, supervisory and to and merged with the appropriation for RURAL HOUSING INSURANCE FUND PROGRAM technical assistance grants, very low-income ‘‘Salaries and Expenses.’’ ACCOUNT housing repair grants, rural community fire ALTERNATIVE AGRICULTURAL RESEARCH AND (INCLUDING TRANSFERS OF FUNDS) protection grants, rural housing preserva- COMMERCIALIZATION REVOLVING FUND For gross obligations for the principal tion grants, and compensation for construc- For necessary expenses to carry out the amount of direct and guaranteed loans as au- tion defects of the Rural Housing Service: Alternative Agricultural Research and Com- thorized by title V of the Housing Act of Provided, That the cost of direct loans and mercialization Act of 1990 (7 U.S.C. 5901– 1949, as amended, to be available from funds loan guarantees shall be as defined in section 5908), ø$6,000,000¿ $10,000,000 is appropriated in the rural housing insurance fund, as fol- 502 of the Congressional Budget Act of 1974, to the alternative agricultural research and lows: $3,300,000,000 for loans to section 502 as amended: Provided further, That the commercialization revolving fund. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8431

RURAL BUSINESS—COOPERATIVE ASSISTANCE ing the cost of modifying loans, of direct and tions for a circuit rider program to provide PROGRAM guaranteed loans authorized by the Rural technical assistance for rural water systems: (INCLUDING TRANSFERS OF FUNDS) Electrification Act of 1936, as amended (7 Provided further, That an amount not less For the cost of direct loans, loan guaran- U.S.C. 935), as follows: cost of direct loans, than that available in fiscal year 1996 be set tees, and grants, as authorized by 7 U.S.C. $4,818,000; cost of municipal rate loans, aside and made available for ongoing tech- 1926, 1928, and 1932, except for 381E, 381H, $28,245,000; cost of money rural telecommuni- nical assistance under sections 306(a)(14) (7 381N of the Consolidated Farm and Rural De- cations loans, $60,000; cost of loans guaran- U.S.C. 1926) and 310(B)(b) of the Consolidated velopment Act, ø$51,400,000¿ $53,750,000, to re- teed pursuant to section 306, $2,790,000: Pro- Farm and Rural Development Act (7 U.S.C. main available until expended, for direct vided, That notwithstanding section 305(d)(2) 1932). loans and loan guarantees for business and of the Rural Electrification Act of 1936, bor- SALARIES AND EXPENSES industry assistance, rural business grants, rower interest rates may exceed 7 percent For necessary expenses of the Rural Utili- rural cooperative development grants, and per year. ties Service, including administering the In addition, for administrative expenses rural business opportunity grants of the programs authorized by the Rural Elec- necessary to carry out the direct and guar- Rural Business—Cooperative Service: Pro- trification Act of 1936, as amended, and the anteed loan programs, $29,982,000, which shall vided, That the cost of direct loans and loan Consolidated Farm and Rural Development be transferred to and merged with the appro- guarantees shall be as defined in section 502 Act, as amended, and cooperative agree- priation for ‘‘Salaries and Expenses.’’ of the Congressional Budget Act of 1974, as ments, $33,195,000: Provided, That this appro- amended: Provided further, That $500,000 shall RURAL TELEPHONE BANK PROGRAM ACCOUNT priation shall be available for employment be available for grants to qualified nonprofit The Rural Telephone Bank is hereby au- pursuant to the second sentence of 706(a) of organizations as authorized under section thorized to make such expenditures, within the Organic Act of 1944, and not to exceed 310B(c)(2) of the Consolidated Farm and the limits of funds available to such corpora- $105,000 may be used for employment under 5 Rural Development Act (7 U.S.C. 1932): Pro- tion in accord with law, and to make such U.S.C. 3109. vided further, That the amounts appropriated contracts and commitments without regard TITLE IV shall be transferred to loan program and to fiscal year limitations as provided by sec- DOMESTIC FOOD PROGRAMS grant accounts as determined by the Sec- tion 104 of the Government Corporation Con- retary: Provided further, That, of the total trol Act, as amended, as may be necessary in OFFICE OF THE UNDER SECRETARY FOR FOOD, amount appropriated, not to exceed $3,000,000 carrying out its authorized programs for the NUTRITION AND CONSUMER SERVICES shall be available for cooperative develop- current fiscal year. During fiscal year 1997 For necessary salaries and expenses of the ment: Provided further, That of the total and within the resources and authority Office of the Under Secretary for Food, Nu- amount appropriated, not to exceed $1,300,000 available, gross obligations for the principal trition and Consumer Services to administer may be available through a cooperative agree- amount of direct loans shall be $175,000,000. the laws enacted by the Congress for the ment for the appropriate technology transfer for For the cost, as defined in section 502 of Food and Consumer Service, ø$454,000¿ rural areas program: Provided further, That, of the Congressional Budget Act of 1974, includ- $554,000. the total amount appropriated, not to exceed ing the cost of modifying loans, of direct CHILD NUTRITION PROGRAMS $148,000 shall be available for the cost of di- loans authorized by the Rural Electrification (INCLUDING TRANSFERS OF FUNDS) rect loans, loan guarantees, and grants to be Act of 1936, as amended (7 U.S.C. 935), For necessary expenses to carry out the made available for business and industry $2,328,000. loans for empowerment zones and enterprise In addition, for administrative expenses National School Lunch Act (42 U.S.C. 1751– communities as authorized by Public Law necessary to carry out the loan programs, 1769b), except section 21, and the Child Nutri- 103–66 and rural development loans for $3,500,000. tion Act of 1966 (42 U.S.C. 1772–1785, and 1789); empowerment zones and enterprise commu- except sections 17 and 19; ø$8,652,597,000¿ nities as authorized by title XIII of the Om- DISTANCE LEARNING AND MEDICAL LINK $8,654,797,000, to remain available through nibus Budget Reconciliation Act of 1993: Pro- PROGRAM September 30, 1998, of which ø$3,218,844,000¿ vided further, That if such funds are not obli- For the cost of direct loans and grants, as $3,221,044,000 is hereby appropriated and gated for empowerment zones and enterprise authorized by 7 U.S.C. 950aaa et seq., as $5,433,753,000 shall be derived by transfer communities by June 30, 1997, they remain amended, ø$7,500,000¿ $10,000,000, to remain from funds available under section 32 of the available for other authorized purposes available until expended, to be available for Act of August 24, 1935 (7 U.S.C. 612c)ø: Pro- under this head. loans and grants for telemedicine and dis- vided, That none of the funds made available SALARIES AND EXPENSES tance learning services in rural areas: Pro- under this heading shall be used for new For necessary expenses of the Rural Busi- vided, That the costs of direct loans shall be studies and evaluations¿: Provided, That not ness-Cooperative Service, including admin- as defined in section 502 of the Congressional to exceed $2,000,000 of the funds made available istering the programs authorized by the Con- Budget Act of 1974. under this heading shall be used for studies and solidated Farm and Rural Development Act, RURAL UTILITIES ASSISTANCE PROGRAM evaluations: Provided further, That up to as amended; section 1323 of the Food Secu- (INCLUDING TRANSFERS OF FUNDS) $4,031,000 shall be available for independent rity Act of 1985; the Cooperative Marketing For the cost of direct loans, loan guaran- verification of school food service claims. Act of 1926; for activities relating to the tees, and grants, as authorized by 7 U.S.C. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM marketing aspects of cooperatives, including 1926, 1928, and 1932, except for 381E, 381H, FOR WOMEN, INFANTS, AND CHILDREN (WIC) economic research findings, as authorized by 381N of the Consolidated Farm and Rural De- For necessary expenses to carry out the the Agricultural Marketing Act of 1946; for velopment Act, ø$496,868,000¿ $657,942,000, to special supplemental nutrition program as activities with institutions concerning the remain available until expended, for direct authorized by section 17 of the Child Nutri- development and operation of agricultural loans and loan guarantees and grants for tion Act of 1966 (42 U.S.C. 1786), $3,729,807,000, cooperatives; and cooperative agreements; rural water and waste disposal, and solid to remain available through September 30, $25,680,000: Provided, That this appropriation waste management grants of the Rural Utili- 1998: Provided, That none of the funds made shall be available for employment pursuant ties Service: Provided, That the cost of direct available under this heading may be used to to the second sentence of 706(a) of the Or- loans and loan guarantees shall be as defined begin more than two studies and evalua- ganic Act of 1944, and not to exceed $260,000 in section 502 of the Congressional Budget tions: Provided further, That up to $6,750,000 may be used for employment under 5 U.S.C. Act of 1974, as amended: Provided further, may be used to carry out the farmers’ mar- 3109. That the amounts appropriated shall be ket nutrition program from any funds not RURAL UTILITIES SERVICE transferred to loan program and grant ac- needed to maintain current caseload levelsø: RURAL ELECTRIFICATION AND TELECOMMUNI- counts as determined by the Secretary: Pro- Provided further, That, of the total amount of CATIONS LOANS PROGRAM ACCOUNT vided further, That, through June 30, 1997, of fiscal year 1996 carryover funds that cannot (INCLUDING TRANSFERS OF FUNDS) the total amount appropriated, $18,700,000 be spent in fiscal year 1997, any funds in ex- Insured loans pursuant to the authority of shall be available for the costs of direct cess of $100,000,000 may be transferred by the section 305 of the Rural Electrification Act loans, loan guarantees, and grants to be Secretary to other programs in the Depart- of 1936, as amended (7 U.S.C. 935), shall be made available for empowerment zones and ment of Agriculture, excluding the Forest made as follows: 5 percent rural electrifica- enterprise communities, as authorized by Service, with prior notification to the House tion loans, $125,000,000, 5 percent rural tele- Public Law 103–66: Provided further, That, of and Senate Appropriations Committees¿: communications loans, $75,000,000; cost of the total amount appropriated, not to exceed Provided further, That once the amount for fis- money rural telecommunications loans, $18,700,000 shall be for water and waste dis- cal year 1996 carryover funds has been deter- $300,000,000; municipal rate rural electric posal systems to benefit the Colonias along mined by the Secretary, any funds in excess of loans, $525,000,000; and loans made pursuant the United States/Mexico border, including $100,000,000 may be transferred by the Secretary to section 306 of that Act, rural electric, grants pursuant to section 306C of the Con- of Agriculture to any loan program of the De- $300,000,000, and rural telecommunications, solidated Farm and Rural Development Act, partment and/or to make available up to $120,000,000, to remain available until ex- as amended: Provided further, That, of the $10,000,000 for the WIC farmers’ market nutri- pended. total amount appropriated, not to exceed tion program: Provided further, That none of For the cost, as defined in section 502 of ø$5,000,000¿ $5,400,000 shall be available for the funds in this Act shall be available to the Congressional Budget Act of 1974, includ- contracting with qualified national organiza- pay administrative expenses of WIC clinics S8432 CONGRESSIONAL RECORD — SENATE July 22, 1996 except those that have an announced policy of 1944 (7 U.S.C. 2225), and not to exceed priated for Public Law 480 are utilized, of prohibiting smoking within the space used $150,000 shall be available for employment ø$1,750,000¿ $1,818,000. to carry out the program: Provided further, under 5 U.S.C. 3109. COMMODITY CREDIT CORPORATION EXPORT That none of the funds provided in this ac- TITLE V LOANS PROGRAM ACCOUNT count shall be available for the purchase of FOREIGN ASSISTANCE AND RELATED (INCLUDING TRANSFERS OF FUNDS) infant formula except in accordance with the PROGRAMS cost containment and competitive bidding For administrative expenses to carry out FOREIGN AGRICULTURAL SERVICE AND requirements specified in section 17 of the the Commodity Credit Corporation’s export GENERAL SALES MANAGER Child Nutrition Act of 1966 (42 U.S.C. 1786): guarantee program, GSM 102 and GSM 103, Provided further, That State agencies required (INCLUDING TRANSFERS OF FUNDS) ø$3,381,000¿ $3,820,000; to cover common over- to procure infant formula using a competitive For necessary expenses of the Foreign Ag- head expenses as permitted by section 11 of bidding system may use funds appropriated by ricultural Service, including carrying out the Commodity Credit Corporation Charter this Act to purchase infant formula under a cost title VI of the Agricultural Act of 1954, as Act and in conformity with the Federal containment contract entered into after Septem- amended (7 U.S.C. 1761–1768), market develop- Credit Reform Act of 1990, of which not to ber 30, 1996 only if the contract was awarded to ment activities abroad, and for enabling the exceed ø$2,792,000¿ $3,231,000 may be trans- the bidder offering the lowest net price, as de- Secretary to coordinate and integrate activi- ferred to and merged with the appropriation fined by section 17(b)(20) of the Child Nutrition ties of the Department in connection with for the salaries and expenses of the Foreign Act of 1966, unless the State agency dem- foreign agricultural work, including not to Agricultural Service, and of which not to ex- onstrates to the satisfaction of the Secretary exceed $128,000 for representation allowances ceed $589,000 may be transferred to and that the weighted average retail price for dif- and for expenses pursuant to section 8 of the merged with the appropriation for the sala- ferent brands of infant formula in the State does Act approved August 3, 1956 (7 U.S.C. 1766), ries and expenses of the Farm Service Agen- not vary by more than five percent. ø$128,005,000¿ $138,561,000, of which ø$2,792,000¿ cy. FOOD STAMP PROGRAM $3,231,000 may be transferred from the Export EXPORT CREDIT For necessary expenses to carry out the Loan Program account in this Act, and The Commodity Credit Corporation shall $1,005,000 $1,035,000 may be transferred from Food Stamp Act (7 U.S.C. ø2011–2029¿ 2011 et ø ¿ make available not less than $5,500,000,000 in the Public Law 480 program account in this seq.), ø$27,615,029,000¿ $28,521,029,000: Provided, credit guarantees under its export credit That funds provided herein shall remain Act: Provided, That the Service may utilize guarantee program extended to finance the available through September 30, 1997, in ac- advances of funds, or reimburse this appro- export sales of United States agricultural cordance with section 18(a) of the Food priation for expenditures made on behalf of commodities and the products thereof, as au- Stamp Act: Provided further, That Federal agencies, public and private organi- thorized by section 202 (a) and (b) of the Ag- zations and institutions under agreements ø$100,000,000¿ $1,000,000,000 of the foregoing ricultural Trade Act of 1978 (7 U.S.C. 5641). executed pursuant to the agricultural food amount shall be placed in reserve for use TITLE VI only in such amounts and at such times as production assistance programs (7 U.S.C. RELATED AGENCIES AND FOOD AND may become necessary to carry out program 1736) and the foreign assistance programs of the International Development Cooperation DRUG ADMINISTRATION operationsø: Provided further, That none of the funds made available under this heading Administration (22 U.S.C. 2392)ø: Provided DEPARTMENT OF HEALTH AND HUMAN shall be used for new studies and evalua- further, That funds provided for foreign mar- SERVICES ket development to trade associations, co- tions¿: Provided further, That not to exceed FOOD AND DRUG ADMINISTRATION operatives and small businesses shall be allo- $6,000,000 of the funds made available under SALARIES AND EXPENSES this heading shall be used for studies and eval- cated only after a competitive bidding proc- For necessary expenses of the Food and uations: Provided further, That funds provided ess to target funds to those entities most Drug Administration, including hire and pur- herein shall be expended in accordance with likely to generate additional U.S. exports as chase of passenger motor vehicles; for rental section 16 of the Food Stamp Act: Provided a result of the expenditure¿. None of the funds in the foregoing para- of special purpose space in the District of Co- further, That this appropriation shall be sub- graph shall be available to promote the sale lumbia or elsewhere; and for miscellaneous ject to any work registration or workfare re- or export of tobacco or tobacco products. and emergency expenses of enforcement ac- quirements as may be required by law: Pro- tivities, authorized and approved by the Sec- vided further, That $1,174,000,000 of the fore- PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS retary and to be accounted for solely on the going amount shall be available for nutrition (INCLUDING TRANSFERS OF FUNDS) Secretary’s certificate, not to exceed $25,000; assistance for Puerto Rico as authorized by 7 For expenses during the current fiscal $907,499,000, of which not to exceed $87,528,000 U.S.C. 2028. year, not otherwise recoverable, and unre- in fees pursuant to section 736 of the Federal COMMODITY ASSISTANCE PROGRAM covered prior years’ costs, including interest Food, Drug, and Cosmetic Act may be cred- For necessary expenses to carry out the thereon, under the Agricultural Trade Devel- ited to this appropriation and remain avail- commodity supplemental food program as opment and Assistance Act of 1954, as able until expended: Provided, That fees de- authorized by section 4(a) of the Agriculture amended (7 U.S.C. 1691, 1701–1715, 1721–1726, rived from applications received during fis- and Consumer Protection Act of 1973 (7 1727–1727f, 1731–1736g), as follows: (1) cal year 1997 shall be subject to the fiscal U.S.C. 612c (note)), the Emergency Food As- ø$216,400,000¿ $218,944,000 for Public Law 480 year 1997 limitation: Provided further, That sistance Act of 1983, as amended, and section title I credit, including Food for Progress none of these funds shall be used to develop, 110 of the Hunger Prevention Act of 1988, programs; (2) $13,905,000 is hereby appro- establish, or operate any program of user $166,000,000, to remain available through Sep- priated for ocean freight differential costs fees authorized by 31 U.S.C. 9701. tember 30, 1998: Provided, That none of these for the shipment of agricultural commod- In addition, fees pursuant to section 354 of funds shall be available to reimburse the ities pursuant to title I of said Act and the the Public Health Service Act may be cred- Commodity Credit Corporation for commod- Food for Progress Act of 1985, as amended; (3) ited to this account, to remain available ities donated to the program. $837,000,000 is hereby appropriated for com- until expended. modities supplied in connection with disposi- FOOD DONATIONS PROGRAMS FOR SELECTED In addition, fees pursuant to section 801 of tions abroad pursuant to title II of said Act; GROUPS the Federal Food, Drug, and Cosmetic Act and (4) ø$29,500,000¿ $40,000,000 is hereby ap- For necessary expenses to carry out sec- may be credited to this account, to remain propriated for commodities supplied in con- tion 4(a) of the Agriculture and Consumer available until expended. nection with dispositions abroad pursuant to Protection Act of 1973 (7 U.S.C. 612c (note)), øNone of the funds appropriated or made title III of said Act: Provided, That not to ex- section 4(b) of the Food Stamp Act (7 U.S.C. available to the Federal Food and Drug Ad- ø ceed 15 percent of the funds made available 2013(b)), and section 311 of the Older Ameri- ministration shall be used to implement any ¿ to carry out any title of said Act may be cans Act of 1965, as amended (42 U.S.C. 3030a), rule finalizing the August 25, 1995 proposed used to carry out any other title of said Act: $205,000,000 $141,250,000, to remain available rule entitled ‘‘The Prescription Drug Prod- ø ¿ Provided further, That such sums shall re- through September 30, 1998. uct Labeling; Medication Guide Require- main available until expended (7 U.S.C. FOOD PROGRAM ADMINISTRATION ments,’’ except as to any specific drug or bio- 2209b). logical product where the FDA determines For necessary administrative expenses of For the cost, as defined in section 502 of that without approved patient information the domestic food programs funded under the Congressional Budget Act of 1974, of di- there would be a serious and significant pub- this Act, ø$104,487,000¿ $107,769,000, of which rect credit agreements as authorized by the lic health risk.¿ $5,000,000 shall be available only for simplify- Agricultural Trade Development and Assist- ing procedures, reducing overhead costs, ance Act of 1954, as amended, and the Food GENERAL PROVISIONS tightening regulations, improving food for Progress Act of 1985, as amended, includ- SECTION 601. EFFECTIVE MEDICATION stamp coupon handling, and assistance in ing the cost of modifying credit agreements GUIDES.— the prevention, identification, and prosecu- under said Act, ø$177,000,000¿ $179,082,000. (a) IN GENERAL.—Not later than 30 days after tion of fraud and other violations of law: Pro- In addition, for administrative expenses to the date of enactment of this Act, the Secretary vided, That this appropriation shall be avail- carry out the Public Law 480 title I credit of the Department of Health and Human Serv- able for employment pursuant to the second program, and the Food for Progress Act of ices shall request that national organizations sentence of section 706(a) of the Organic Act 1985, as amended, to the extent funds appro- representing health care professionals, consumer July 22, 1996 CONGRESSIONAL RECORD — SENATE S8433

organizations, voluntary health agencies, the Food, Drug, and Cosmetic Act is amended by SEC. 703. Not less than $1,500,000 of the ap- pharmaceutical industry, drug wholesalers, pa- striking ‘‘if the drug or device is not labeled’’ propriations of the Department of Agri- tient drug information database companies, and and inserting ‘‘if the labeling of the drug or de- culture in this Act for research and service other relevant parties collaborate to develop a vice is not’’. work authorized by the Acts of August 14, long-range comprehensive action plan to BUILDINGS AND FACILITIES 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629), achieve goals consistent with the goals of the and by chapter 63 of title 31, United States For plans, construction, repair, improve- proposed rule of the Food and Drug Administra- Code, shall be available for contracting in ment, extension, alteration, and purchase of tion on ‘‘Prescription Drug Product Labeling: accordance with said Acts and chapter. fixed equipment or facilities of or used by Medication Guide Requirements’’ (60 Fed. Reg. SEC. 704. The cumulative total of transfers the Food and Drug Administration, where 44182; relating to the provision of oral and writ- to the Working Capital Fund for the purpose not otherwise provided, $21,350,000, to remain ten prescription information to consumers). of accumulating growth capital for data available until expended (7 U.S.C. 2209b). (b) PLAN.—The plan described in subsection services and National Finance Center oper- (a) shall— RENTAL PAYMENTS (FDA) ations shall not exceed $2,000,000: Provided, (1) identify the plan goals; (INCLUDING TRANSFERS OF FUNDS) That no funds in this Act appropriated to an (2) assess the effectiveness of the current pri- For payment of space rental and related agency of the Department shall be trans- vate-sector approaches used to provide oral and costs pursuant to Public Law 92–313 for pro- ferred to the Working Capital Fund without written prescription information to consumers; grams and activities of the Food and Drug the approval of the agency administrator. (3) develop guidelines for providing effective SEC. 705. New obligational authority pro- Administration which are included in this oral and written prescription information con- vided for the following appropriation items Act, $46,294,000: Provided, That in the event sistent with the findings of any such assess- in this Act shall remain available until ex- the Food and Drug Administration should re- ment; pended (7 U.S.C. 2209b): Animal and Plant quire modification of space needs, a share of (4) develop a mechanism to assess periodically Health Inspection Service, the contingency the salaries and expenses appropriation may the quality of the oral and written prescription fund to meet emergency conditions, fruit fly be transferred to this appropriation, or a information and the frequency with which the program, and integrated systems acquisition share of this appropriation may be trans- information is provided to consumers; and project; Farm Service Agency, salaries and ferred to the salaries and expenses appropria- (5) provide for compliance with relevant State expenses funds made available to county tion, but such transfers shall not exceed 5 board regulations. committees; and Foreign Agricultural Serv- percent of the funds made available for rent- (c) LIMITATION ON THE AUTHORITY OF THE SEC- ice, middle-income country training pro- al payments (FDA) to or from this account. RETARY.—The Secretary of the Department of gram. Health and Human Services shall have no au- DEPARTMENT OF THE TREASURY New obligational authority for the boll thority to implement the proposed rule described FINANCIAL MANAGEMENT SERVICE weevil program; up to 10 percent of the in subsection (a), or to develop any similar regu- screwworm program of the Animal and Plant lation, policy statement, or other guideline PAYMENTS TO THE FARM CREDIT SYSTEM FINANCIAL ASSISTANCE CORPORATION Health Inspection Service; øFood Safety and specifying a uniform content or format for writ- Inspection Service, field automation and in- For necessary payments to the Farm Cred- ten information voluntarily provided to consum- formation management project;¿ funds ap- it System Financial Assistance Corporation ers about prescription drugs if, not later than propriated for rental payments; funds for the by the Secretary of the Treasury, as author- 120 days after the date of enactment of this Act, Native American institutions endowment ized by section 6.28(c) of the Farm Credit Act the national organizations described in sub- fund in the Cooperative State Research, Edu- of 1971, as amended, for reimbursement of in- section (a) develop and begin to implement a cation, and Extension Service, and funds for terest expenses incurred by the Financial As- comprehensive, long-range action plan (as de- the competitive research grants (7 U.S.C. sistance Corporation on obligations issued scribed in subsection (a)) regarding the provi- 450i(b)), shall remain available until ex- through 1994, as authorized $10,290,000. sion of oral and written prescription informa- pended. tion. INDEPENDENT AGENCIES SEC. 706. No part of any appropriation con- (d) SECRETARY REVIEW.—Not later than Janu- COMMODITY FUTURES TRADING COMMISSION tained in this Act shall remain available for ary 1, 2001, the Secretary of the Department of obligation beyond the current fiscal year un- Health and Human Services shall review the For necessary expenses to carry out the provisions of the Commodity Exchange Act, less expressly so provided herein. status of private-sector initiatives designed to SEC. 707. Not to exceed $50,000 of the appro- as amended (7 U.S.C. 1 et seq.), including the achieve the goals of the plan described in sub- priations available to the Department of Ag- purchase and hire of passenger motor vehi- section (a), and if such goals are not achieved, riculture in this Act shall be available to cles; the rental of space (to include multiple the limitation in subsection (c) shall not apply, provide appropriate orientation and lan- year leases) in the District of Columbia and and the Secretary shall seek public comment on guage training pursuant to Public Law 94– elsewhere; and not to exceed $25,000 for em- other initiatives that may be carried out to meet 449. ployment under 5 U.S.C. 3109; $55,101,000 such goals. The Secretary shall not delegate ø ¿ SEC. 708. No funds appropriated by this Act such review authority to the Commissioner of $56,601,000, including not to exceed $1,000 for may be used to pay negotiated indirect cost the Food and Drug Administration. official reception and representation ex- rates on cooperative agreements or similar SEC. 602. Section 3 of the Saccharin Study penses: Provided, That the Commission is au- arrangements between the United States De- and Labeling Act (21 U.S.C 348 nt.) is amend- thorized to charge reasonable fees to partment of Agriculture and nonprofit insti- ed by striking out ‘‘May 1, 1997’’ and insert- attendees of Commission sponsored edu- tutions in excess of 10 percent of the total di- ing in lieu thereof ‘‘May 1, ø2002¿ 1998’’. cational events and symposia to cover the rect cost of the agreement when the purpose SEC. 603. AMENDMENTS TO THE FEDERAL FOOD, Commission’s costs of providing those events of such cooperative arrangements is to carry DRUG, AND COSMETIC ACT.— and symposia, and notwithstanding 31 U.S.C. out programs of mutual interest between the (a) IMPORTS FOR EXPORT.—Section 801(d)(3) of 3302, said fees shall be credited to this ac- two parties. This does not preclude appro- the Federal Food, Drug, and Cosmetic Act is count, to be available without further appro- priate payment of indirect costs on grants amended— priation. and contracts with such institutions when (1) by striking ‘‘accessory of a device which is øFARM CREDIT ADMINISTRATION such indirect costs are computed on a simi- ready’’ and inserting ‘‘accessory of a device, or lar basis for all agencies for which appropria- other article of device requiring further process- øLIMITATION ON ADMINISTRATIVE EXPENSES tions are provided in this Act. ing, which is ready’’; øNot to exceed $37,478,000 (from assess- SEC. 709. Notwithstanding any other provi- (2) in subparagraph (A), by striking ‘‘is in- ments collected from farm credit institu- sion of this Act, commodities acquired by tended to be’’ and inserting ‘‘is intended to be tions and from the Federal Agricultural the Department in connection with Commod- further processed by the initial owner or con- Mortgage Corporation) shall be obligated ity Credit Corporation and section 32 price signee, or’’; and during the current fiscal year for adminis- support operations may be used, as author- (3) in subparagraph (C)— trative expenses as authorized under 12 ized by law (15 U.S.C. 714c and 7 U.S.C. 612c), (A) by striking ‘‘part,’’ and inserting ‘‘part, U.S.C. 2249.¿ to provide commodities to individuals in article,’’; and TITLE VII—GENERAL PROVISIONS (B) by striking ‘‘incorporated’’ and inserting cases of hardship as determined by the Sec- ‘‘incorporated or further processed’’. SEC. 701. Within the unit limit of cost fixed retary of Agriculture. (b) LABELING OF EXPORTED DRUGS.—Section by law, appropriations and authorizations SEC. 710. None of the funds in this Act shall 801(f) of the Federal Food, Drug, and Cosmetic made for the Department of Agriculture for be available to reimburse the General Serv- Act is amended— the fiscal year 1997 under this Act shall be ices Administration for payment of space (1) in paragraph (1), by striking ‘‘If a drug’’ available for the purchase, in addition to rental and related costs in excess of the and inserting ‘‘If a drug (other than insulin, an those specifically provided for, of not to ex- amounts specified in this Act; nor shall this antibiotic drug, an animal drug, or a drug ex- ceed 667 passenger motor vehicles, of which or any other provision of law require a re- ported under section 802)’’; and 643 shall be for replacement only, and for the duction in the level of rental space or serv- (2) in paragraph (2), by adding at the end the hire of such vehicles. ices below that of fiscal year 1996 or prohibit following new sentence: ‘‘A drug exported under SEC. 702. Funds in this Act available to the an expansion of rental space or services with section 802 is exempt from this section.’’. Department of Agriculture shall be available the use of funds otherwise appropriated in (c) EXPORT OF CERTAIN UNAPPROVED DRUGS for uniforms or allowances therefor as au- this Act. Further, no agency of the Depart- AND DEVICES.—Section 802(f)(5) of the Federal thorized by law (5 U.S.C. 5901–5902). ment of Agriculture, from funds otherwise S8434 CONGRESSIONAL RECORD — SENATE July 22, 1996 available, shall reimburse the General Serv- Inspection Service may use cooperative known to the Federal official having author- ices Administration for payment of space agreements to reflect a relationship between ity to obligate or expend such funds that the rental and related costs provided to such Agricultural Marketing Service or the Ani- land covered by that production flexibility agency at a percentage rate which is greater mal and Plant Health Inspection Service and contract is not being øused for the produc- than is available in the case of funds appro- a State or Cooperator to carry out agricul- tion of an agricultural commodity¿ or is not priated in this Act. tural marketing programs or to carry out devoted to a conserving use, unless it is also SEC. 711. None of the funds in this Act shall programs to protect the Nation’s animal and made known to that Federal official that the be available to restrict the authority of the plant resources. lack of agricultural production or the lack of Commodity Credit Corporation to lease SEC. 718. None of the funds in this Act may a conserving use is a consequence of drought, space for its own use or to lease space on be- be used to retire more than 5% of the Class flood, or other natural disaster¿ used for an half of other agencies of the Department of A stock of the Rural Telephone Bank or to agricultural or related activity, including con- Agriculture when such space will be jointly maintain any account or subaccount within serving use, as determined by the Secretary. occupied. the accounting records of the Rural Tele- SEC. 728. None of the funds appropriated or SEC. 712. With the exception of grants phone Bank the creation of which has not otherwise made available by this Act shall awarded under the Small Business Innova- specifically been authorized by statute: Pro- be used to extend any existing or expiring tion Development Act of 1982, Public Law 97– vided, That notwithstanding any other provi- contract in the Conservation Reserve Pro- 219, as amended (15 U.S.C. 638), none of the sion of law, none of the funds appropriated or gram authorized by 16 U.S.C. 3831–3845. funds in this Act shall be available to pay in- otherwise made available in this Act may be øSEC. 729. None of the funds made available direct costs on research grants awarded com- used to transfer to the Treasury or to the Fed- in this Act may be used to maintain the petitively by the Cooperative State Re- eral Financing Bank any unobligated balance price of raw cane sugar (as reported for an search, Education, and Extension Service of the Rural Telephone Bank telephone liq- appropriate preceding month for applicable that exceed 14 percent of total Federal funds uidating account which is in excess of current sugar futures contracts of the Coffee, Sugar, provided under each award. requirements and such balance shall receive in- and Cocoa Exchange, New York) at more SEC. 713. Notwithstanding any other provi- terest as set forth for financial accounts in sec- than 1171⁄2 percent of the statutory loan rate sions of this Act, all loan levels provided in tion 505(c) of the Federal Credit Reform Act of under section 158 of the Federal Agriculture this Act shall be considered estimates, not 1990. Improvement and Reform Act (title 1 of Pub- limitations. SEC. 719. None of the funds appropriated or lic Law 104–127).¿ SEC. 714. Appropriations to the Department otherwise made available by this Act may be SEC. 730. None of the funds appropriated in of Agriculture for the cost of direct and used to provide food stamp benefits to house- this Act may be used to carry out the provi- guaranteed loans made available in fiscal holds whose benefits are calculated using a sions of section 918 of Public Law 104–127, the year 1997 shall remain available until ex- standard deduction greater than the stand- Federal Agriculture Improvement and Re- pended to cover obligations made in fiscal ard deduction in effect for fiscal year 1995. form Act. year 1997 for the following accounts: the SEC. 720. None of the funds made available øSEC. 731. (a) IN GENERAL.—Any owner on rural development loan fund program ac- in this Act may be used to provide assistance the date of enactment of this Act of the count; the Rural Telephone Bank program to, or to pay the salaries of personnel who right to market a nonsteroidal anti-inflam- account; the rural electrification and tele- carry out a market promotion/market access matory drug that— communications loans program account; and program pursuant to section 203 of the Agri- ø(1) contains a patented active agent; the rural economic development loans pro- cultural Trade Act of 1978 (7 U.S.C. 5623) that ø(2) has been reviewed by the Federal Food gram account. provides assistance to the U.S. Mink Export and Drug Administration for a period of SEC. 715. Such sums as may be necessary Development Council or any mink industry more than 96 months as a new drug applica- for fiscal year 1997 pay raises for programs trade association. tion; and funded by this Act shall be absorbed within SEC. 721. None of the funds appropriated or ø(3) was approved as safe and effective by the levels appropriated in this Act. otherwise made available by this Act shall the Federal Food and Drug Administration SEC. 716. (a) COMPLIANCE WITH BUY AMER- be used to enroll in excess of 130,000 acres in on January 31, 1991, shall be entitled, for the ICAN ACT.—None of the funds made available the fiscal year 1997 wetlands reserve pro- 2-year period beginning on February 28, 1997, in this Act may be expended by an entity un- gram, as authorized by 16 U.S.C. 3837. to exclude others from making, using, offer- less the entity agrees that in expending the SEC. 722. Of the funds made available by ing for sale, selling, or importing into the funds the entity will comply with sections 2 this Act, not more than $1,000,000 shall be United States such active agent, in accord- through 4 of the Act of March 3, 1933 (41 used to cover necessary expenses of activi- ance with section 154(a)(1) of title 35, United U.S.C. 10a–10c; popularly known as the ‘‘Buy ties related to all advisory committees, pan- States Code. American Act’’). els, commissions, and task forces of the De- ø(b) INFRINGEMENT.—Section 271 of title 35, (b) SENSE OF CONGRESS; REQUIREMENT RE- partment of Agriculture except for panels United States Code shall apply to the in- GARDING NOTICE.— used to comply with negotiated rule makings fringement of the entitlement provide under (1) PURCHASE OF AMERICAN-MADE EQUIPMENT and panels used to evaluate competitively subsection (a). AND PRODUCTS.—In the case of any equipment awarded grants. ø(c) NOTIFICATION.—Not later than 30 days or product that may be authorized to be pur- SEC. 723. None of the funds appropriated or after the date of the enactment of this sec- chased with financial assistance provided otherwise made available by this Act shall tion, any owner granted an entitlement using funds made available in this Act, it is be used to pay the salaries and expenses of under subsection (a) shall notify the Com- the sense of the Congress that entities re- personnel who carry out an export enhance- missioner of Patents and Trademarks and ceiving the assistance should, in expending ment program if the aggregate amount of the Secretary for Health and Human Serv- the assistance, purchase only American- funds and/or commodities under such pro- ices of such entitlement. Not later than 7 made equipment and products. gram exceeds $100,000,000. days after the receipt of such notice, the (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— øSEC. 724. None of the funds appropriated Commission and the Secretary shall publish In providing financial assistance using funds or otherwise made available by this Act shall an appropriate notice of the receipt of such made available in this Act, the head of each be used to pay the salaries and expenses of notice.¿ Federal agency shall provide to each recipi- personnel who carry out a farmland protec- SEC. 732. øFunds¿ Hereafter, funds appro- ent of the assistance a notice describing the tion program in excess of $2,000,000 author- priated to the Department of Agriculture statement made in paragraph (1) by the Con- ized by section 388 of Public Law 104–127. may be used for incidental expenses such as gress. øSEC. 725. None of the funds appropriated transportation, uniforms, lodging, and sub- (c) PROHIBITION OF CONTRACTS WITH PER- or otherwise made available by this Act shall sistence for volunteers serving under the au- SONS FALSELY LABELING PRODUCTS AS MADE be used to pay the salaries and expenses of thority of 7 U.S.C. 2272, when such volunteers IN AMERICA.—If it has been finally deter- personnel who carry out a wildlife habitat are engaged in the work of the U.S. Depart- mined by a court or Federal agency that any incentives program authorized by section 387 ment of Agriculture; and for promotional person intentionally affixed a label bearing a of Public Law 104–127. items of nominal value relating to the U.S. ‘‘Made in America’’ inscription, or any in- øSEC. 726. None of the funds appropriated Department of Agriculture Volunteer Pro- scription with the same meaning, to any or otherwise made available by this Act shall grams. product sold in or shipped to the United be used to pay the salaries and expenses of øSEC. 733. It is the sense of Congress that, States that is not made in the United States, personnel who carry out a conservation farm not later than the date of the enactment of the person shall be ineligible to receive any option program in excess of $2,000,000 author- this Act, the Secretary of Agriculture contract or subcontract made with funds ized by section 335 of Public Law 104–127.¿ should— made available in this Act, pursuant to the SEC. 727. None of the funds made available ø(1) release a detailed plan for compensat- debarment, suspension, and ineligibility pro- in this Act may be used to pay the salaries ing wheat farmers and handlers adversely af- cedures described in sections 9.400 through of employees of the Department of Agri- fected by the karnal bunt quarantine in Riv- 9.409 of title 48, Code of Federal Regulations. culture who make payments pursuant to a erside and Imperial Counties of California, SEC. 717. Notwithstanding the Federal production flexibility contract entered into which should include— Grant and Cooperative Agreement Act, mar- under section 111 of the Federal Agriculture ø(A) an explanation of the factors to be keting services of the Agricultural Market- Improvement and Reform Act of 1996 (Public used to determine the compensation amount ing Service and the Animal and Plant Health Law 104–127; 7 U.S.C. 7211) when it is made for wheat farmers and handlers, including July 22, 1996 CONGRESSIONAL RECORD — SENATE S8435 how contract and spot market prices will be final rule under subsection (b), the Secretary of cation the subcommittee has received handled; and Agriculture, acting through the Administrator under the Budget Act. ø(B) compensation for farmers who have of the Food Safety and Inspection Service, shall Senators should also be aware these crops positive for karnal bunt and compensa- issue a compliance directive for the enforcement allocations are approximately $510 mil- tion for farmers who have crops which are of the revised labeling standards established by lion in budget authority and $440 mil- negative for karnal bunt, but which cannot the rule, including standards for— go to market due to the lack of Department (1) temperature testing that are based on lion in outlays less than what would be action on matching restrictions on the nega- measurements at the center of the deepest mus- required under a freeze. The suggestion tive wheat with the latest risk assessments; cle; and this year, for those who are following and (2) sampling methods that ensure that the av- the budget debate, was that spending ø(2) review the risk assessments developed erage of individual temperatures within poultry under the discretionary programs of by the University of California at Riverside product lots of each specific product type (such the Federal Government ought to be and submit a report to Congress describing as whole birds, whole muscle leg products, and held level with last year’s spending. whole muscle breast products) meet the stand- how these risk assessments will impact the That was the goal, that was the objec- Department of Agriculture policy on the ards. quarantine area for the 1997 wheat crop.¿ (d) SEVERABILITY.—If any provision of this tive. This bill meets that target and SEC. 734. Not to exceed 10 percent of the section or the application thereof to any person then some. There is actually a reduc- amounts appropriated or otherwise made avail- or circumstance is held invalid, the validity of tion in spending from the freeze level able by this Act for the Rural Housing Assist- the remainder of this section and of the applica- in this bill as compared with last ance Program, the Rural Business-Cooperative tion of the provision to any other persons or cir- year’s or the current fiscal year’s budg- Assistance Program, and the Rural Utilities As- cumstances shall not be affected. et and appropriations levels. sistance Program may be transferred between SEC. 738. Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016) is amended by adding at the We do have some parts of this bill these programs for authorized purposes. where spending is increased. Among SEC. 735. None of the funds appropriated or end the following: otherwise made available to the Department of ‘‘(j) ELECTRONIC BENEFIT TRANSFERS.— the discretionary spending increases Agriculture by this Act may be used to detail or ‘‘(1) DEFINITION OF ELECTRONIC BENEFIT recommended are an additional $12.8 assign an individual from an agency or office TRANSFER SYSTEM.—In this subsection, the term million to continue the efforts of the funded in this Act to any other agency or office ‘electronic benefit transfer system’ means a sys- Food Safety and Inspection Service to for more than 60 days, unless the Secretary pro- tem under which a governmental entity distrib- ensure the safety of our Nation’s food utes benefits pursuant to this Act by establish- vides notification to the House and Senate Com- supply. The level recommended for the mittees on Appropriations that an employee de- ing an account that may be accessed electroni- cally by a recipient of the benefits or payments. Food Safety and Inspection Service is tail or assignment in excess of 60 days is re- adequate to maintain the current in- quired. ‘‘(2) APPLICABLE LAW.—Disclosures, protec- SEC. 736. Section 747(e) of the Federal Agri- tions, responsibilities, and remedies established spection system and to provide the culture Improvement and Reform Act of 1996 is by the Federal Reserve Board under section 904 needed investments required to imple- amended by inserting, ‘‘effective October 1, of the Electronic Fund Transfer Act (15 U.S.C. ment the new hazard analysis and crit- 1996’’ following ‘‘The Secretary shall make 1692b) shall not apply to benefits under this Act ical control point meat and poultry in- grants’’ in Section 747(e)(2). delivered through any electronic benefit transfer spection system. We are hopeful that SEC. 737. LABELING OF RAW POULTRY PROD- system. ‘‘(3) REPLACEMENT OF BENEFITS.—Regulations by bringing this new system online we UCTS.— can take advantage of new tech- (a) IN GENERAL.—Notwithstanding any other issued by the Secretary regarding the replace- provision of law, none of the funds appropriated ment of benefits and liability for replacement of nologies, new scientific advances, in or otherwise made available by this Act may be benefits under an electronic benefit transfer sys- the detection of those contaminants in used to implement or enforce the final rule relat- tem shall be similar to the regulations in effect the food supply that we would not be ed to the labeling of raw poultry products pro- for a paper-based food stamp issuance system.’’. able to detect otherwise, and we will mulgated by the Food Safety and Inspection Mr. COCHRAN. Mr. President, I am help ensure that we are doing every- Service on August 25, 1995 (60 Fed. Reg. 44395), pleased to present to the Senate today thing that possibly can be done to safe- and the final rule shall not be effective during the bill making appropriations for the guard the food supply and the consum- fiscal year 1997. Department of Agriculture and related ers of food in America from harm and (b) FINAL RULE.—Not later than 90 days after the date of enactment of this Act, the Secretary agencies for the fiscal year 1997. This ill health. of Agriculture shall issue a revised final rule re- bill provides funding for all of the ac- In order to implement the system, lated to the labeling of raw poultry products tivities under the jurisdiction of the the bill provides funding to fill all in- that— Department of Agriculture, except for spector vacancies, funding to train in- (1) maintains the standard that the term the U.S. Forest Service. It also funds spectors in the new inspection system, ‘‘fresh’’ may be used only for raw poultry prod- the activities of the Food and Drug Ad- and funding for the annualization of ucts the internal core temperature of which has ministration, the Commodity Futures fiscal year 1996 pay raises and antici- not fallen below 26° Fahrenheit; (2) deletes the requirement that poultry prod- Trading Commission, and pays for ex- pated 1997 pay raises. This dem- ucts the internal core temperature of which has penses and payments of the Farm Cred- onstrates the high priority this com- ever been less than 26° Fahrenheit, but more it System. mittee places on the safety of our Na- than 0° Fahrenheit, be labeled as ‘‘hard chilled’’ This bill recommends total new budg- tion’s meat and poultry and our com- or ‘‘previously hard chilled’’, except that— et authority of $54.3 billion. This is $9 mitment to ensure that American con- (A) the products shall be prohibited under the billion less than the 1996 enacted level sumers continue to have the safest food rule from being labeled as ‘‘fresh’’ but shall not for these programs and these activities. in the world. be required to bear any specific alternative la- It is $4 billion less than the President’s Another area of emphasis in this bill beling; and (B) nothing in this section shall be interpreted fiscal year 1997 budget request. It is is agriculture research. The bill pro- as modifying the requirements for labeling of all $1.2 billion more than the level rec- vides $1.1 billion for funding of agri- poultry products the internal core temperature ommended by the House. culture research. This is approximately of which has ever fallen to 0° Fahrenheit as Over 76 percent of the total to be $7.3 million below the level requested ‘‘frozen’’; spent under this bill will go for funding by the administration, but it is $25 mil- (3) provides for a tolerance from the 26° Fahr- of the Nation’s domestic food assist- lion above the House-recommended enheit standard established by the rule of— ance programs. That represents $40.5 ° level. Included in this amount is $52 (A) 1 Fahrenheit for poultry products within billion of this $54.3 billion bill. This is an official processing establishment; million for food safety research. The (B) 2° Fahrenheit for poultry products in com- up from 63 percent of the total funding committee has provided the full in- merce; in the bill in 1996. These programs in- crease of $7.5 million requested for food (4) exempts from temperature testing wings, clude food stamps, the national school safety research. tenders, hearts, livers, gizzards, necks, and lunch and elderly feeding programs, For extension activities, the bill rec- products that undergo special processing, such and the supplemental feeding program ommends $431 million, which is $3.3 as sliced poultry products; and for women, infants and children. million above the fiscal year 1996 level. (5) in all other terms and conditions (includ- The bill recommends total discre- The Smith–Lever and Hatch Act for- ing the period of time permitted for implementa- tion) is substantively identical to the rule re- tionary spending of $13.118 billion in mula funding are continued at 1996 lev- ferred to in subsection (a). budget authority and $13.409 billion in els. The increase recommended for ex- (c) REVISED LABELING STANDARDS.—Not later outlays for fiscal year 1997. These tension activities will provide first- than 60 days after the issuance of a revised amounts are consistent with the allo- time funding for institutional capacity S8436 CONGRESSIONAL RECORD — SENATE July 22, 1996 grants and extension work at the 29 may be heard at some point in the de- those amendments, and any vote on tribally controlled colleges, or 1994 In- bate. final passage, until tomorrow. We ap- stitutions. We think this is a responsible way of preciate the cooperation of Senators Farm credit programs are funded by resolving that issue. There are other that will enable us to accomplish that the bill, which provides $3.1 billion in provisions related to legislative goal. loan levels for the coming fiscal year. changes the House recommended that Mr. BUMPERS addressed the Chair. This is an increase of $65 million over we deleted. The House rewrote some The PRESIDING OFFICER. The Sen- the House-recommended level. provisions that were included in the ator from Arkansas. The bill also recognizes that effi- farm bill, and we did not go along with Mr. BUMPERS. Mr. President, par- ciencies can be gained through the con- those House provisions. So Senators liamentary inquiry. Has there been a solidation of programs to improve their will notice that we do not provide a cap unanimous-consent agreement entered efficiency in terms of administrative on the price of raw sugarcane, for ex- that we would start back-to-back votes costs and paperwork and the like. So ample. We do not approve a provision on welfare bill amendments in the the bill consolidates funding for 14 relating to planting requirements morning? rural development grant and loan pro- under the farm bill that would be re- The PRESIDING OFFICER. At 9 grams into a rural community invest- quired to meet eligibility standards for o’clock, yes, that is correct. ment program. It is divided into three a market transition payment. We re- Mr. BUMPERS. Does the consent subprograms: housing, business cooper- vised that to make it consistent with agreement continue on what we will do ative assistance, and rural utilities as- the language of the law, the farm bill after those votes and final passage on sistance. The 1996 appropriations act that was passed by both Houses and the welfare bill? created the first of these consolida- signed by the President. So we do not The PRESIDING OFFICER. The tions for rural utilities. The funding try to go in and rewrite the farm bill in Chair is reminded that it is at 9:30 that levels provided for all three of the pro- this bill. We urge Senators not to try we vote and 9 o’clock that we meet. grams were equal to the comparable to do that with amendments. After getting rid of the list of votes, we levels requested in the budget. Only 24 percent of the total funding will resume consideration of the agri- On an aggregate basis, the funding recommended by this bill is discre- culture bill. levels in the bill represent an increase tionary. These have been difficult chal- Mr. BUMPERS. That is the reason I of $231 million more than the House- lenges for the committee to resolve, was asking. I hope we do not have to passed bill. The bill funds, as I men- trying to determine how to allocate resume. I hope we can finish the bill tioned before, the Commodity Futures scarce funds that are made available to this afternoon and this evening. Trading Commission and the Food and this subcommittee under the budget I am pleased to join my very able col- Drug Administration. We are trying to resolution. We hope Senators will agree league, Senator COCHRAN, in bringing provide levels of funding that will en- that we have undertaken this and pre- to the Senate floor the fiscal year 1997 able these two agencies to do the job sented a bill that is done in a fair way, appropriations bill for Agriculture, they are required to do by law and that so that those essential activities in the rural development, the Food and Drug will enable them to discharge their re- Department of Agriculture that are au- Administration, and related agencies. sponsibilities under the law. thorized and required by law are fund- This bill, reported by the Senate Com- The bill also carries a provision to ed. But we have tried to be responsible, mittee on Appropriations, provides ensure the continuation of WIC Pro- and we hope Senators agree that we $54.276 billion in total obligational au- gram funding and Food Stamp Act have. These are recommendations that thority for the coming year. That is funding, as well. The bill includes a we make to the Senate, which we hope $1.224 billion more than the House pro- provision to amend the Food Stamp will be approved. vided and $4 billion below the Presi- Act, to exclude electronic benefit Let me say that this bill could not dent’s request. It is within the sub- transfer systems for the delivery of have been written without the excel- committee’s 602(b) allocation. This bill food stamp benefits from the Federal lent cooperation and dedicated and in- is nearly $10 billion below the amount Reserve Board’s ‘‘Regulation E.’’ telligent assistance of the distin- under which we are operating this There are other provisions of the bill guished Senator from Arkansas, the year, 1996. That will be $10 billion less that seek to deal with challenges in the ranking Democrat on the subcommit- than in 1997. The subcommittee’s dis- food service area, and we hope Senators tee. He has served as chairman of this cretionary allocation has again been will find that we have demonstrated a subcommittee in the past, and it has reduced this year from $13.31 billion in sensitivity to the needs of those who been a pleasure to work with him and budget authority for 1996 to $12.102 bil- cannot adequately provide for their the members of his staff in the develop- lion for 1997. That is a reduction in dis- own nutrition needs and need Govern- ment of this bill. cretionary spending of $529 million dol- ment help to do it. But we also reflect We had hearings all through the ear- lars. Unfortunately, we have received in this bill changes and reforms that lier parts of this year. We heard from an increase of $300 million-plus in our have been made by law to try to ensure all of the agencies and departments, allocation, which gets us a little closer that there is a sense of personal re- whose budgets were reviewed by our to last year’s level, but still the bot- sponsibility for one to take care of subcommittee very carefully. We have tom line is that we have less to spend himself and his family, and that also is considered the suggestions of others again this year. reflected in this legislation. outside of the Congress, who have opin- Mr. President, in all of my years on Senators may remember that, last ions to be expressed on these subjects. this subcommittee, the Agriculture year, when this bill was on the floor, So we have tried to consider all of the Subcommittee, this year has been the there was a big debate over a regula- relevant evidence and facts that ought most difficult. That causes me to, tion being proposed by the administra- to be considered before presenting this again, congratulate Senator COCHRAN tion—the Food Safety and Inspection bill to the Senate. We hope the Senate for his leadership in working through Service, specifically—dealing with will approve it, and we recommend these very difficult problems and when poultry products could be labeled that it be adopted. crafting a bill to meets the expecta- as ‘‘fresh’’ or ‘‘frozen.’’ Well, I am We know that Senators may have tions of most Senators. It meets the happy to report to the Senate that a amendments. If they do have amend- hard-pressed needs of rural America compromise has been reached among ments, we will be glad to debate them. and, also, America’s dependence on a those who were directly interested in Let me repeat the suggestion of the safe supply of food and drugs. the debate last year, so that the defini- majority leader when he was asking There are still plenty of unmet needs tion of the term ‘‘fresh,’’ as used in la- consent to go to this bill today. We in rural America, but, given the con- beling of raw poultry products, is re- hope to complete action on this bill straints under which we are operating, flected and included in this legislation. today. That means that all amend- this is an excellent bill. We hope that resolves the issue. Of ments that are going to be offered One item in the bill is very impor- course, the administration still has dif- should be offered today and debated tant to all of us, and it is greatly im- ferences of opinion about it, and those today. We will reserve any votes on proved over last year’s funding level. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8437 The Water and Sewer Program in the dent’s budget was presented to this the pharmacist gave me had pointed U.S. Department of Agriculture, in my subcommittee, loan authority assump- out that that very thing might happen. opinion, is just about the very best in- tions were much too high to be met That is good information. It is the in- vestment we make. It improves the considering the small subsidy provided. formation that the pharmaceutical- quality of life for all people when they Mr. President, let me just explain that. buying public is entitled to. I under- have pure water and sewer systems Every loan program is scored by OMB stand—and I agree with the concerns of that are safe. Last year, these pro- and the Congressional Budget Office as the Food and Drug Administration— grams were severely underfunded. But to how much money you have to as- that consumers need to be provided this year, Senator COCHRAN has been sume you are going to lose. If you are with this information. able to provide an increase that almost going to loan $1 million, you have to As I pointed out, some pharmacies brings us to our budget request. That is put some amount in there for what the are already doing it on a voluntary an admirable achievement. banks would call reserve for loan basis. Of course, they are getting their Let me digress to point out that peo- losses. That is called the subsidy rate. information from the pharmaceutical ple who travel around the world find The subsidy rate in this bill as pro- manufacturers of those drugs. But all that there are very few countries that vided by the administration, in my pharmacies are not doing this now. In you can visit where you can turn on opinion, is much too small to fund the some cases, the information is not to- the tap water and feel relatively safe in authority of loans set out in all of tally accurate or complete. drinking it. As a matter of fact, I can these different Federal programs. In So in the full committee, I offered re- only think of one or two right now my opinion, we are not going to be able port language that will help relieve where you can do that. The people who to loan as much unless we have a sup- some of the concerns that Commis- live in and near Washington, DC, have plemental appropriation sometime sioner Kessler expressed to me about just recently found that not only hap- next spring to raise that subsidy level. the statutory language contained in pens in other countries but it happens We are including in the managers’ this bill. I understand the House has right here in the United States in some package an amendment that will allow similar language but of a nature more of the major metropolitan areas. the Secretary to transfer excess WIC to the liking of the commission. In my In other areas, this bill provides level funds to meet the needs of loan pro- report, language is designed to give funding for the WIC Program—women, grams such as those tied to water and FDA assurances that the information infants and children. Historically, this sewer programs in rural housing. to be provided to consumers will be ap- program has witnessed annual in- Mr. President, before anybody thinks propriately crafted and higher rates of creases in funding that have actually that is cruel and taking money from participation by pharmacies will be ob- exceeded the caseload. So we have been women, infants and children to fund a tained. carrying over money in the WIC Pro- subsidy rate for water and sewer pro- Mr. President, that concludes my re- gram. This program has accumulated, grams, bear in mind that this is money marks. Again, I want to congratulate and it has reduced the pressure on us to not used by WIC. This is similar to an my good friend and colleague, Senator continue increasing the amount of amendment I offered last year that COCHRAN and his able staff in drafting money every year. Even considering provided an additional $36 million in the bill now before us. the general budget constraints, we are the Water and Sewer Program with no Mr. President, I yield the floor. within reach of full funding for WIC, a detrimental effect to the WIC partici- Mr. COCHRAN addressed the Chair. goal which I believe is shared by every pation. This amendment will help, but The PRESIDING OFFICER. The Sen- Member of the U.S. Senate. it probably will not provide enough ad- ator from Mississippi. As WIC administrators work this ditional budget authority to achieve Mr. COCHRAN. Mr. President, I coming year to provide nutritional as- full program levels. That is the reason thank the distinguished Senator from sistance to women, infants, and chil- I mention additions to the subsidy in Arkansas for his kind remarks and dren, I hope that next year we will fi- some supplemental appropriations next again repeat my expression of appre- nally reach the goal of full funding and spring. ciation for his hard work and his good the more important goal of full partici- I hope in future budget submissions, assistance in the preparation of this pation. the administration will take greater legislation. Last year, Congress passed and sent care to make sure that rising interest Mr. President, I ask unanimous con- to the President a new farm bill. This rates or other economic conditions do sent that the committee amendments year, when the bill was considered by not provide falsely optimistic assump- which are at the desk to H.R. 3603 be the House, a number of provisions were tions of what may be the reality on the considered and agreed to en bloc; that included to change some of the under- first day of the following fiscal year. no points of order be waived thereon; lying philosophy of the farm bill. I did I also want to mention an issue that the measure, as amended, be con- not vote for the farm bill. I did not like which I raised during subcommittee sidered as original text for the purpose it, and I still do not like it. But that is consideration of this bill related to an of further amendment. beside the point at this stage of the FDA proposal to require certain label- The PRESIDING OFFICER. Is there game. ing requirements for prescription objection? Without objection, it is so Contracts that farmers all across drugs—the so-called med-guide rule. ordered. America thought would guarantee Let me digress just a moment to say The committee amendments were them payments for 7 years were being that—this is a little personal—I re- agreed to. reduced by the House Appropriations cently had an illness. I went to the Mr. COCHRAN. Mr. President, I know Committee even before the farmers got drugstore to get four different medica- that some Senators are considering their first payment. Regardless of my tions. I have studiously avoided taking amendments. One Senator has just views of the so-called freedom to farm aspirin all of my life. I hate medicine. come to the floor—Senator GREGG of payments, we need to remember that I do not like to take it. But in this case New Hampshire—who wanted to give farmers are now in the middle of their it was required. For the first time in the Senate notice that he intended to growing season. Their investments are my life, the pharmacist with each of offer an amendment on a subject. on the line, and they deserve to know the four prescriptions handed me a Maybe, if he can tell us when he wants what to expect and that the rules are rather detailed description of the medi- to do that, we can reach some agree- not going to be changed in the middle cine—what it was designed to do, con- ment as to the time. I know there are of the game. The chairman has already traindications to look for, any reac- a couple of other Senators who have alluded to the fact that he hopes Sen- tions that you might have. I read it asked that they be permitted to offer ators will not try to redebate that bill. very carefully. It is the first time I had amendments early in the consideration In the bill before us, we have taken ever gotten anything like that. of the bill. Senator MCCAIN is one, and great pains not to amend the basic ra- As it turned out, I was allergic to one there may be others. tionale for last year’s farm bill. of the drugs, which caused me to have So we are ready to accept the sugges- There is one major concern I have a fever, a rash, and I had to quit taking tions of Senators for changes in the that deserves mention. When the Presi- it. But the informational sheet that bill. I would be happy to yield to my S8438 CONGRESSIONAL RECORD — SENATE July 22, 1996 friend from New Hampshire if he would on this bill. And if there are three Re- The PRESIDING OFFICER. Without like to respond to my inquiry. publicans and no Democrats in the objection, it is so ordered. Mr. GREGG. I am happy to respond Chamber waiting to offer amendments, The amendment is as follows: to the inquiry of the Senator from Mis- then I suggest we take them and not On page 12, line 25, strike ‘‘$46,068,000’’ and sissippi. I would like to offer my sit around waiting for somebody on the insert in lieu thereof ‘‘$46,018,000’’. amendment when it is convenient to other side to come and offer amend- On page 14, line 10, strike ‘‘$418,358,000’’ and the Senator from Mississippi. ments in order to accommodate a pro- insert in lieu thereof ‘‘$418,308,000’’. I ask if he would ask unanimous con- tocol we have used in the past. On page 17, line 8, strike ‘‘$11,331,000’’ and sent that no second-degree amend- Would the Senator agree with that? insert in lieu thereof ‘‘$11,381,000’’. Mr. COCHRAN. I certainly agree with On page 17, line 8, strike ‘‘$431,072,000’’ and ments be offered to my amendment. insert in lieu thereof ‘‘$431,122,000’’. Mr. COCHRAN. Mr. President, I can the Senator. We want to complete ac- say that we have gotten notice—and tion on all the amendments. The ma- Mr. COCHRAN. Mr. President, this maybe the Senator from Arkansas has jority leader wanted to have votes on amendment would reduce the total rec- heard of this—from one Senator on this whatever amendments have to be voted ommended for special research grants side of the aisle who asked that no on tomorrow and final passage tomor- under research and education activities unanimous-consent agreement be made row. To do that we are going to have to of the Cooperative State Research, on any amendment relating to the move along because I have seen a list Education, and Extension Service by issue of sugar. of amendments that we have heard $50,000 and increase the amount rec- Having heard that—I do not know may be offered, and there are some 20 ommended for Federal administration whether the Senator has heard that or on that list. So in order to expedite the under extension activities of the serv- not—I do not know of any objection to handling of those amendments, I agree ice by the same amount. any agreements on this side of the aisle with the Senator that we should move The amendment would affect only on that subject. We have not heard of along. We would like for Senators to funds recommended for research and any. My thought would be if the Sen- come now to the floor and start offer- extension work in Mississippi. It would ator has an amendment to simply go ing these amendments so we could dis- create a new grant under Federal ad- ahead and offer it and let us see what pose of them. ministration for an extension specialist happens. If Senators want to debate it, Mr. BUMPERS. I noticed that the in Mississippi of $50,000 to cover an un- they can come and debate it. Senator and I each have an amendment funded requirement which was just Mr. GREGG. In a prior discussion which I think have been agreed to. The brought to my attention. To offset this with the Senator from Mississippi, it Senator has one to provide for elec- additional funding, the amount rec- was my understanding this was going tronic warehouse receipts, is that cor- ommended for aquaculture research in to be subject to a time limitation of 40 rect? Could we dispose of that one now? Mississippi would be reduced from the minutes. Mr. COCHRAN. Senator PRESSLER $642,000 to $592,000, eliminating the ad- Mr. COCHRAN. I have no objection to was going to offer that. We could offer ditional funds recommended to enable that. I have heard there may be an ob- it for him, but if he wants to be here the National Center for Physical jection on the other side of the aisle. and offer that amendment, we will give Acoustics to provide additional support There is no objection on this side. him an opportunity to do so. to the National Warmwater Aqua- Mr. BUMPERS. There will be an ob- Mr. BUMPERS. All right. culture Center. jection, I say to the Senator from Mis- Mr. COCHRAN. Maybe we will let Mr. President, we have shown this sissippi, on this side. him know he should come and offer amendment to the other side, and we Mr. GREGG. I guess if I had known that amendment if it is convenient at understand there is no objection. that I would not have foreclosed my this time for him. We are actually Mr. BUMPERS. Mr. President, that rights on other parts of this bill. waiting on some language before we amendment is acceptable to this side. Mr. COCHRAN. The Senator has all could offer that. The Senator could go Has it been agreed to? of his rights. There are no rights of his ahead and proceed to offer his amend- The PRESIDING OFFICER. It has whatsoever that have been extin- ment, if he would like. not been agreed to. guished in any way or diminished in Mr. BUMPERS addressed the Chair. Is there further debate? If not, the any way. The PRESIDING OFFICER. The Sen- question is on agreeing to the amend- Mr. GREGG. There are a few that ator from Arkansas. ment. have been extinguished and dimin- Mr. BUMPERS. Mr. President, we are The amendment (No. 4958) was agreed ished, I point out to the Senator, in al- scratching through here trying to find to. lowing—— this amendment. Until we can find it, Mr. COCHRAN. Mr. President, I move Mr. COCHRAN. The committee let me suggest the absence of a to reconsider the vote. amendments to be adopted. quorum. Mr. BUMPERS. I move to lay that Mr. GREGG. The committee amend- The PRESIDING OFFICER. The motion on the table. ments to go forward. It was my under- clerk will call the roll. The motion to lay on the table was standing that committee amendments The legislate bill clerk proceeded to agreed to. would go forward because I was going call the roll. Mr. COCHRAN. Mr. President, I sug- to be given a specific time and time Mr. COCHRAN. Mr. President, I ask gest the absence of a quorum. limit. That does not appear to be the unanimous consent that the order for The PRESIDING OFFICER. The case. I find that to be inconsistent with the quorum call be rescinded. clerk will call the roll. the understanding I had. And I guess I The PRESIDING OFFICER. Without The bill clerk proceeded to call the just have to accept the fact things hap- objection, it is so ordered. roll. pen that way around here. AMENDMENT NO. 4958 Mr. GREGG. Mr. President, I ask Mr. BUMPERS addressed the Chair. (Purpose: To transfer $50,000 from CSREES unanimous consent that the order for The PRESIDING OFFICER. The Sen- research and education to extension activi- the quorum call be rescinded. ator from Arkansas. ties) The PRESIDING OFFICER. Without Mr. BUMPERS. If I may just in a Mr. COCHRAN. Mr. President, I send objection, it is so ordered. general colloquy with the distinguished an amendment to the desk and I ask Mr. GREGG. Mr. President, since it chairman of the committee say that that it be reported. is 3 o’clock, this being the time I was normally when we have a series of The PRESIDING OFFICER. The advised to bring this amendment to the amendments to be offered on a bill like clerk will report. floor and at that time there was to be this, we sort of go back and forth be- The bill clerk read as follows: a time agreement, which appears now tween the Democratic side and the Re- The Senator from Mississippi [Mr. COCH- will not occur, I thought I would dis- publican side. I would suggest that RAN] proposes an amendment numbered 4958. cuss my amendment and point out that is fine if you have the Republicans Mr. COCHRAN. Mr. President, I ask some of the problems with the sugar and Democrats waiting to offer amend- unanimous consent that reading of the program and then make a decision ments, but that very seldom happens amendment be dispensed with. later on as to whether or not I will July 22, 1996 CONGRESSIONAL RECORD — SENATE S8439 offer it in this context or not. But es- cally, at least, won the debate of inter- something called the Nonrecourse Loan sentially what this amendment deals national economics—something called Program. This is almost beyond belief. with is the sugar program. market forces. It is so egregious in its attack on all For those who may be following this If a commodity costs 10 cents or 13 sensibility relative to the market- debate in some other venue other than cents in Brazil, or let’s take a more in- place—a nonrecourse loan. this floor, because I know everybody dustrialized state—although Brazil is a If you are a student in the United who is a Member of the Senate under- very industrialized state—say, Spain, States and you find yourself going to a stands the sugar program, the sugar Japan, or France, and that commodity, school that costs you more than you program is the last vestige of gross cor- that item you want to buy costs 13 can afford to pay from the summer job porate welfare in the farm community. cents, in this case that is called a you have been working for the last 5 or In the farm bill that was just re- pound of sugar—if you wanted to make 6 years, and it costs more than your cently passed, there was a major initia- some chocolate chip cookies maybe or parents can afford to pay because they tive undertaken to try to put the farm a cake—and in the United States, it cannot simply scrape together enough, community generally on a more mar- costs 23 cents, you would say, ‘‘Well, because a college education has become ket-oriented approach, although some that can’t be, that can’t be. Why would so expensive, if you are a student and arguments might claim it is even less that be?’’ you borrow $1,500, $2,000 from the Fed- market oriented. At least it was an at- Why, in a country that professes a eral Government, and you cannot pay tempt to have some forces brought to free-market approach to economics, an it back, does the Federal Government bear on what farmers would plant, how international world free market, would say, ‘‘That’s OK, forget it, you don’t much they would plant of a certain one commodity that we grow in the have to worry about it’’? No. The Fed- commodity which would be something United States that is grown around the eral Government requires you to pay it other than a decision made by a Gov- world and moves from country to coun- back. We do not do a very good job of ernment leader. It would be the mar- try with fair ease, why would that com- collecting it. I admit that. We have to ketplace. modity cost 10 cents more in the Unit- change our collection system. But to However, there still exists this sugar ed States per pound than it does in those people who are honest and sin- program which has just the opposite some other reasonably industrialized cere—that is the majority of our Amer- approach toward financing and growing nation? ican students—they have to pay their and creating of sugar in this country. The reason is because the influence loans back. The sugar program, as it is basically of the people who make all the money But not the sugar industry. No. The structured today, is a classic, what can on this product is so great that they sugar industry, after ripping the Amer- best be defined as a Marxist system of are able to set up a system which bene- ican public off, after the $1.4 billion a economics. Essentially, the Govern- fits a few at the cost of many. It is year, after being the biggest porkers in ment sets a price for a commodity pretty much the last surviving system America, they do not even want to pay which far exceeds what the market- of this type of productivity in our back their loans. place would set for that commodity country in the farm program area. If you are a veteran, and you get a were the marketplace allowed to work There is still some of this, obviously, VA loan, have served this country— in its ordinary fashion, and then it re- in the peanut area, and to a slighter maybe you have even given blood for quires the consumer to pay that price degree, you can argue in the dairy this country, maybe you are even a no matter what the consumer’s inter- area, but a much slighter degree. But wounded veteran—and you get a VA est may be. As a result, the growers of clearly, sugar is unique in having this loan, and you find that you cannot pay that product grow it, make a great deal level of perversion of the marketplace that loan back, does the American of money and have no relationship be- for the benefit of a few at the expense Government say, ‘‘OK. OK. Forget it. tween what they grow and what the of the many, at the rather significant We won’t collect that debt’’? No. It market wants or what they grow and expense, $1.4 billion of expense. does not. It duns your VA benefits, what the market wishes to pay. It is a You might think that people who probably garnishes them, takes them classic definition of Marxism. would be getting a $1.4 billion extra as payment even though you may not In fact, this program is so outrageous price for their product beyond what the be able to afford it because you may that it costs the American consumer market usually bears or would reason- have other expenses at that time. approximately $1.4 billion a year of ably bear, would think that they were But do we say that to the sugar pro- subsidies to a very small cadre of very satisfied, but that is not the case here. ducers in this country? No. We do not. influential sugar growers. In fact, I I suppose greed feeds on greed, and it is To the sugar producers, we say, be- think the number I saw was something inevitable, if you have proven that you cause they have the power to demand like less than 70 sugar growers obtain- can be really greedy and successful, it, ‘‘If you don’t want to pay your loans ing a huge percentage of the income you can get even greedier. back, tens of millions of dollars of from this program. So this group of great troughers—by loans back, it’s OK. Forget it. That’s This subsidy is a function of the fact troughers, I mean porker, corporate all right. The American taxpayers are that it costs about 23 cents a pound for pork—this group of magnificent already paying $1.4 billion to your in- sugar in the United States, whereas on troughers—these folks would win just dustry. Why not pay a little bit more the world market, it costs about 13 about any contest at any country fair through a nonrecourse-loan process?’’ cents a pound for sugar. Think about in the pork-producing category—de- If you happen to be a homeowner who that for a minute. It is hard to believe cided that not only do they have to borrows money through the HUD pro- that an American product would cost have a price that is almost twice the gram, and you have your first home, American consumers twice what the world price for the product, which the and something goes wrong with your world market is. You might expect American consumer has to pay, they do family finances, and the Government that in the old Soviet Union. You not even want to have to pay off—when comes in and takes your home—which might even expect it in Cuba today. they borrow from the Federal Govern- might be similar to a recourse loan— But in the United States, for somebody ment to produce that product, should does the Government stop there, to the to be paying twice the cost of a product they by some unbelievable process lose nonrecourse loan? No. It does not. No. that is paid by people in other coun- money, they do not even want to pay it It does not. If there is a debt above the tries for that same product when that off. obligation that is available through product is fully fungible around the Not only do they want a product that the repossession of your home, the world is incomprehensible. It just runs is priced at twice what it is worth, but Government has the right—may not against the whole concept of a market should they actually lose money pro- exercise it—but it has the right to col- economy, of an American system, what ducing a product that is priced twice lect that extra debt from your wages. the United States theoretically stands what it is worth—it is hard to believe So if you own a home, and through for in the international community, they might lose money—but should some real tragedy or some unfortunate what we stood for years against the So- they lose money, they do not even situation your home is taken from you viet system and what has theoreti- want to have to pay it off. They have as a result of your not being able to S8440 CONGRESSIONAL RECORD — SENATE July 22, 1996 pay back that debt—and it is a Govern- This issue, the issue of the sugar pro- second-degrees, and I understand I am ment loan—the Government has the gram, has been brought up on a number not going to be protected on time. I right to sell the home, and to the ex- of occasions in this body. It has always will say this, however, that I do think tent that the price of that home, as been defeated. Any attempt to address this is an important issue to vote on, sold, does not cover the cost of your the sugar program has been defeated. It that we will vote on this issue, I hope, loan, and you personally are liable, you was defeated last year even in the before we complete this bill. I have no personally, you, John or Mary Jones, midst of major rewriting of the farm desire to delay this bill. working down at the pizza store or programs generally, as I mentioned I know the Senator from Mississippi working on an assembly line in Detroit earlier. Defeated a couple of years ago. and the Senator from Arkansas have or working at a computer shop in New It has always lost, but usually the worked hard to move this bill quickly, Hampshire, you are personally liable amendments have been directed at sub- and they have done a superb job of get- for that loan. stantive reform of the pricing mecha- ting it out of committee. On the gen- Is the sugar producer—even though nism. You know, this fact that you, the eral farm programs, they have done an his or her company may have borrowed consumers, are paying 23 cents for a extraordinary job of funding those in, I millions of dollars—are they liable for pound of sugar when your neighbors, think, a responsible way. This pro- that loan? No. They are not. No. They maybe relatives in Canada, are paying gram, really, is independent of that ef- are not. It really is hard to believe that 13 cents. fort. They have done an excellent job that would be the case in this econ- So that has been the usual target of on this bill. I do not want to delay it. omy, in this structure we would have the amendments. That has been sound- I want the bill to get through as soon that sort of situation. But that is the ly defeated because the influences I as it can. way it is. That is the way it is struc- mentioned of so many different groups I do think this has to be voted on. I tured, as unbelievable as it may seem. growing this product around the coun- hope when I send this amendment to I guess it survives because of the fact try is so pervasive. So my amend- the desk, it will not be subject to a sec- that it has what is known as logrolling. ment—which the recourse issue does ond-degree amendment. It can be ‘‘You scratch my back; I’ll scratch not take on that core issue of pricing couched in a variety of terms, so obvi- your back.’’ There are enough people policy, although pricing policy cer- ously we can return to this issue if it producing this product in the country, tainly should be addressed. And I would is, ad nauseam. although many of them are not very be happy to do it if I thought I had a AMENDMENT NO. 4959 large compared to the big guys, that chance of being successful. But I know (Purpose: To prohibit the use of funds to they all feel they have to protect the I do not. My amendment takes on the make loans to large processors of sugar- program and, therefore, everybody issue of recourse. cane and sugar beets unless the loans re- helps everybody else out. But it is pret- As a practical matter nobody in this quire the processors to repay the full ty hard to defend this program under body should object to this, because, as amount of the loans, plus interest) any sort of—you do not have to look I mentioned, the price of the product Mr. GREGG. I send the amendment through a magnifying glass to defend has been made so high that how can to the desk. this, to look at this program, and see it you object to the concept of having to The PRESIDING OFFICER. The is an outrage. You can take this glass pay back your loans when you are al- clerk will report. of water, and put this on top of the pro- ready getting such a huge subsidized The bill clerk read as follows: gram, and you would see that this pro- price? Then if you compare the fact The Senator from New Hampshire [Mr. gram is just an unbelievable outrage on that you are requiring people to pay GREGG] proposes an amendment numbered the body politic of the American back their loans who are fairly large 4959. At the end of the bill, add the following: consumer, and $1.4 billion a year in the businesses—$10 million in sales—well, SEC. . REPAYMENT OF CERTAIN SUGAR LOANS. process. that is not too outrageous, not too out- None of the funds appropriated or other- Nonrecourse loans. Just imagine it. rageous, to require them to pay back wise made available by this Act may be used If you are a student you have to pay their loans. to make a loan to a processor of sugarcane your loan back. If you are a home- So I am talking about really a pe- or sugar beets, or both, who has an annual owner, you have to pay your loan back. ripheral amendment here. I have to revenue that exceeds $10 million, unless the If you are a veteran who served this admit to that. I wish it was more at terms of the loan require the processor to country, you have to pay your loan the heart of the sugar program. I wish repay the full amount of the loan, plus inter- back. Even if it is only $1,000, you have it went to the pricing mechanism. But est. to pay it back. you know, I accept reality. I cannot Mr. GREGG. I thank the clerk for If you are a sugar grower, processor, win that one. I got 35 votes last year, reading the amendment. I did want the you do not have to pay it back. You do probably about the same this year. So whole amendment read so it would be not have to pay it back. That is after what this amendment does—I hope my understood. It is an amendment which you made the price of the product fellow Members of the Senate will take on its face says, as I stated, if some- twice what it is worth. Pretty out- a look at it who voted against affecting body is going to borrow from the Fed- rageous. ‘‘Sweetheart deal’’ I think is the pricing mechanism. It does not ad- eral Government, even when they are the term that most appropriately dress that. So all the sugar beet grow- getting twice the price for their prod- comes to mind. Corporate pork would ers and all the sugarcane growers are uct they should be getting, if somebody be an understatement. still going to get their 23 cents a pound is going to borrow from the Federal There is some logic, I suppose, to say out of the American consumer. They Government, they ought to pay the that small farmers need to be pro- are going to get their pound of sugar Federal Government back. tected. Maybe you will hear small out of the American consumer. Now, some will claim they can take farmer stories. Well, maybe small What they should not get, however, is the sugar and then the Federal Govern- farmers do need to be protected. And to this nonrecourse treatment that we do ment can sell the sugar. That is true, the extent we have good stories about not give to students, we do not give to but if there is a difference, the Federal small farmers, I suspect there will be homeowners, we do not give to veter- Government eats the difference. There some nice sad stories told. But the fact ans. I mean, let us have some decency is no reason the Federal Government is that the amendment I am going to around here. Let us admit that we will should be put at that risk. They are offer is not going to affect any small let them go to the trough and maybe not put at risk for students, veterans farmers. It is going to affect farmers of eat everything in it, but let us not let or homeowners, so we should not be put over $10 million in sales. And that is them eat the trough, too. It is getting at that risk for sugar growers simply not a small farm. This is not a small a little outrageous. because they have the capacity to pro- farm in New England, not small any- So that is the purpose of this amend- tect themselves in the legislative arena place. And $10 million is a good many ment. And I regret that the context of better than students, homeowners or sales. So small farm stories are not ap- offering this amendment puts me in a veterans. plicable to this issue at this time, al- difficult position, because I understand Mr. GREGG. Mr. President, I ask for though certainly they will be raised. that I am not going to be protected on the yeas and nays. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8441 The PRESIDING OFFICER. Is there a to sugar cane and sugar beet growers I must admit this amendment is a sufficient second? because sugarcane and sugar beets are crafty technique, I say to my col- There is now a sufficient second. not storable commodities. So the loans league, to try to essentially obliterate The yeas and nays were ordered. are made to the raw cane farmers and the sugar program. However, Congress Mr. DORGAN. Mr. President, I was the beet sugar processors. I must point has reviewed this and Congress has said listening attentively to the Senator de- out, in North Dakota, those processors this program makes sense. This pro- scribe his amendment dealing with the are by and large cooperatives. Those gram is not costing the taxpayers issue of sugar. He finished by talking cooperatives are owned by the growers. money. It is a program that has about sugar growers. Of course, the The growers are the farmers. worked well. It is a program that has Senator understands that no one grows The fact is I am proud of what has achieved its objectives of trying to pro- sugar; they grow sugar beets, to be happened under this sugar program. I vide some stability and some help for sure, and the beets are processed into am proud because we have a cir- the family farmers out there, who in sugar. cumstance where one part of this farm my part of the country raise sugar The issue as presented by my col- program, at least, works well and beets. It is a program also that has the league is an interesting issue and an works to provide some stability in ancillary benefits of helping the con- important issue. This morning in price to the beet growers—yes, in sumers in this country with some price North Dakota and elsewhere in the North Dakota and other parts of the stability. country, some folks got up and ate country. Let me mention one other thing. As breakfast early. These were families Now, that stability has given them all of us know, in this debate there are with a full day’s work to do. They need an opportunity to make a living out competing forces. There is a force out to keep their machinery in order, tend there on the land. This is not, as some there in our country—maybe I should to their land, look over their sugar would suggest, some giant giveaway not name it—that uses a great deal of beet crops. Farmers work pretty hard. program. It is not a program that will sugar. The companies that make candy They invest a fair amount of money require people at the grocery store to bars and other things use a great into a farmstead and try to make a liv- pay an extraordinarily high price for amount of sugar, and they very much ing. sugar. That is not what the program is want to see the dump price of sugar One of the circumstances we find in about. prevail for a while in this country as the farm programs is that there are dif- This program happens to be one of the U.S. price. I understand that. I sup- ficult times for people who are out the programs that I think is good for pose if that were my business, I would there living. There are difficult times both the producer and the consumer. It be arguing for the same thing. But that for those trying to make a living be- is especially good for those consumers happens to be, in my judgment, a self- cause there is so much uncertainty. who care about whether producers are ish position, looking after only their You can plant, and in no time at all able to live on a family farm, who un- own interests. through a whole series of things over derstand that this matters to our coun- But there are other considerations. which you have no control, you see ev- try. I think it does matter to our coun- The Senate and the House have gone erything gone. Acts of nature, a whole try. It is good not only for those objec- through this and debated to try to de- range of circumstances can conspire to tives, but it is also good for the general termine where the reconciliation is wipe you out completely and quickly. consumer. here. We have tried to discover how we For that reason, the Federal Govern- You go back some years and evaluate do this the right way, and is there a ment has had a farm program. The what happened in this country when we need to provide some stability in the Federal Government has said we be- had a shortage of sugar, and sugar price of these commodities. Is there a lieve there ought to be a network of prices jumped up, skyrocketed at the reason to give a hard working family family farmers in this country who grocery store counter. Then there was farmer an opportunity to take advan- have an opportunity to make it. So for a lot of concern about what this meant tage of that stability? The answer has a whole series of farmers raising crops, to the consumer. Well, the consumer, been yes. Do we want that level of sta- we have tried to create a safety net. then, had to pay more for sugar be- bility to be something that is so artifi- Now, within that farm program is a cause we had uncertain supplies, unsta- cially high that it injures others that sugar program. The sugar program ble supplies. are involved in other businesses? The tries to provide a safety net for those What the sugar program has done is answer to that is no. That is what the folks, particularly in my part of the merge two different approaches. One compromise has been. country, who raise sugar beets. As I lis- side of the approach says that we will This compromise has been worked ten to this debate, it is interesting how try to provide something that gives and reworked. I must say that I com- this issue is described because the de- some price stability to those who raise pliment the Senator from Mississippi, scription is so at odds with what the beets. The other side of the approach Senator COCHRAN, and so many others. reality is. says that we are going to provide an Let me compliment someone who is I hear people stand on the floor of the advantage to the consumer who will leaving this Congress—Congressman Senate and talk about 10 cents being have price stability on the grocery KIKA DE LA GARZA. This is his last year the world price for sugar. Well, that is store shelf. in Congress. But those who understand not a legitimate free-market price for Is that price stability higher than it the sugar program, especially in mod- sugar. That is the dump price for might be if, during years of world sur- ern days, and its genesis, understand sugar. People who study this issue un- pluses, we could have accessed the that KIKA DE LA GARZA has played a derstand that most sugar is traded cheapest possible dump price for sugar? large role in shaping it. Republicans country to country through long-term Sure. But is that price lower than it and Democrats have thought this contracts. Only the residual sugar pro- would be in times of shortage because through to determine what is the best duced over that is dumped on the open we have a more stable capability in public policy here. They have, I think, market, at dump prices, dirt-cheap this country of providing for those come to a reasonable position of sup- prices, and then some people say that needs? Yes. My point is this kind of porting the provisions that are now in is the true market price. Nonsense. program advantages both the producer, law, provisions that I think make sense That is not the true market price. It the family farmer being the producer, for this country. has nothing to do with a true free mar- and also the consumer. On a broader question, one can al- ket price. It is a dump price for resid- We have fought this battle before. We ways, it seems to me, on almost every ual sugar supplies above that which is have had those persons who feel strong- issue, come to the floor of the Senate needed and above that which is traded ly about it come to the floor and say and argue some kind of global con- country to country. this is a program completely without struct that persuades us that there is a In this country, we have developed a merit. They say that it is a program cheaper price somewhere. You can al- program that provides loans. Those that ought to be abolished, and they ways find a price or position, in some loans, through the Commodity Credit have tried to abolish it in a dozen dif- nook or cranny of the economy, that Corporation, cannot be made directly ferent ways. you can access and that somehow S8442 CONGRESSIONAL RECORD — SENATE July 22, 1996 would be beneficial for the country. I ing. But I must say that my family that I think is very important to re- do not think that is what we are never was involved in raising program member. searching for. I think what we are crops. So I, frankly, did not know a lot So, in essence, the amendment that searching for is public policy, espe- about farm programs. I did not know a my colleague from New Hampshire is cially in the area of commodities, that great deal about farm programs and offering today, which is a cap, if you represents this country’s interests. program crops. It was not until I be- will—or it says loans are limited to Part of this country’s interests lie in came a Congressman, representing the those under $10 million—there is not a trying to maintain a network of family First Congressional District of Idaho, refiner in the market that grosses less farms in our country. I am proud to that I found it necessary to look at than $10 million. So the amendment, tell you that at least North Dakota, these programs on a program-by-pro- for all intents and purposes, destroys one of the most agricultural States, gram basis, Mr. President, and try to the sugar program as we know it. has a network of family farms. The Red understand what they were all about. The second point, this is not just a River Valley contains a network of My colleague from New Hampshire refinement of the existing program. those family farms that are trying to and I are pretty much alike. We are fis- This is a killer amendment of a pro- raise sugar beets. They have come to- cal conservatives. We tend to be free gram that we spent over 12 months ne- gether in cooperatives that process the marketers. And so when I began to gotiating about with the industry and sugar beets and have been quite suc- look at the sugar program, I saw some- the growers associations. The reason cessful. I commend them for it. I only thing that I had heretofore not under- we did that is because I, along with my wish that our farm programs for other stood. One of the first things I found colleague from New Hampshire, said it commodities were as successful as this out about it was that no check went to was time to reform the farm bill and program is. the farmer. The farmer, whether he be get Government out of agriculture as It seems to me that it ill-behooves a cane grower or a sugar beet raiser, much as we could. As a result of that, this Congress to take a look at what never received a check from the Fed- we put major reforms into the sugar works and take that apart and stop it, eral Government. They received their program. as opposed to evaluating what does not payment from the sugar processor, who Mr. DORGAN. Will the Senator yield work and seeing if we cannot fix it. It they were contracted with to raise the for a moment on that point? really does not serve our interests to beets, or to raise the cane. So there Mr. CRAIG. Yes. start deciding that those things that was no, if you will, direct subsidy to Mr. DORGAN. The Senator talked do function well are things that we the farmer, direct check to the farmer, about family farmers. I want to try to ought to try to mess up in one way or as is true in other program crops. understand the point he made. the other. One of the reasons this program had The point, as I understand it, is not So I very much admire the Senator been developed, in a way, in that na- that this does not help family farmers. who is the author of this amendment. ture was because both the plant itself, This ultimately does help family farm- We have worked together on many the sugar beet, and the beet itself, in ers. But it helps family farmers things, and will again, but he is dead storage, are quite perishable. Because through price stability—not a Govern- wrong, in my judgment, on the sugar it was a nonrecourse loan program, it ment check. I think that is the point program. It is not new to him. He has would not have been wise for the Fed- the Senator from Idaho was making. been dead wrong on it for some long eral Government, in this instance, to The reason I asked the question is while. I know he feels strongly about produce a loan when there was no col- that I was making the point that this it. We have a fundamental disagree- lateral. And so as a method of even matters to a lot of family farmers. It ment. I do hope that the Senate recog- marketing into the system, it became matters because if you destroy this nizes the balance that has been struck. the sugar processor who was the indi- program you destroy their price stabil- I think it is good for producers and vidual who took loans out from the ity; and, frankly, a lot of them will not good for consumers. Government inside a Government pro- be farming anymore. But this is not a It is a balance that augurs for this gram, a sugar program, and they used, Government check to those farmers. As kind of a program to try to help family as collateral, refined sugar. So there the Senator from Idaho properly said, farmers in our country. I hope the Sen- was no direct payment to the farmer. it helps the processors to provide price ate will, at the appropriate time, reject So the Senator from New Hampshire stability for farmers, which is exactly the amendment offered by Senator is wrong today. We will not hear a what makes this a successful program GREGG. story about the plight of the small and one that does not cost the tax- Mr. President, I yield the floor. farmer. The small farmer, in this case payers’ money. Mr. CRAIG addressed the Chair. the sugar beet raiser, whether it is in I appreciate very much the Senator The PRESIDING OFFICER. The Sen- North Dakota or whether it is in Idaho, yielding. ator from Idaho. does not receive a check from the Fed- Mr. CRAIG. Mr. President, so the Mr. CRAIG. Mr. President, I come to eral Government. They receive a stable point I think that my colleague and I the floor this afternoon, once again, to price for their product from a refiner are trying to make here is that, if find myself in opposition to my col- that is engaged in a nonrecourse loan there is a role for Government in agri- league from New Hampshire on an program with the Federal Government, culture—I think there is one, and I issue that we both feel very strongly which allows that refiner to market think it ought to be a very limited about. So for the next few moments let sugar into the market in a stable way. one—I see it in one of two or three me say to my colleague from New So I am sorry that I will disappoint areas. That is not to directly prop up Hampshire that while I disagree with my colleague from New Hampshire. No or to subsidize a producer who has to him on this issue—and we very clearly story about the plight of the small produce to a market but allowing Gov- disagree—we remain good friends and farmer. Although I am very much con- ernment to help facilitate at no cost to working partners on a lot of other is- cerned about the small farmer, I will the taxpayers anomalies within a mar- sues. I must look at his amendment tell my colleague from New Hampshire, ket environment that only the Govern- and what he has said about his amend- with the hundreds of thousands of ment can maybe help in because of ment in relation to the sugar program acres of sugar beets in Idaho, it is a their scope and their size, or in an in- in the new farm bill and take issue good and profitable crop. One of the stance where there is direct competi- with it on an item-by-item basis, as I reasons it is is not because they get a tion from foreign markets in which think is necessary. It is important for check from the Government, but be- cheap product is produced either be- the record, so that the facts of this cause the industry, through the pro- cause of ‘‘near slave labor’’ or because issue come forward. gram, is allowed to develop a loan rela- of subsidized Government programs in Mr. President, when I first came to tionship with the Federal Government, other producing areas of the world Congress in 1980, I came from a farming which creates stability in the market- than the necessity of a relationship and ranching background, and for the place. Therefore, it affords a stable there where our Government can facili- 1980’s, I remained actively involved price for the crop, and that creates sta- tate without it being a cost to the tax- with my family in farming and ranch- bility at the farm itself. That is a point payer. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8443 In all of those instances the sugar house—and that happens—the Govern- program as written in the farm bill. program meets those tests. In the area ment has the house and they sell the Currently all U.S. raw cane millers and of trade, where you have real political house. They have the sugar and they sugar beet processors have annual reve- consideration and political powers sell the sugar. nues above $10 million. Thus, no do- vying against each other that distort He used student loans. Student loans mestic produced sugar would be eligi- the marketplace, I believe our Govern- are the only area where Government ble for current loan programs if this ment can be a facilitator to production loans do not have collateral. Many stu- amendment were enacted. This amend- agriculture, and it works in this in- dents have walked away from their ment will invalidate and render useless stance. And it works so to create sta- loans and the taxpayers had to eat the hard-fought reform that I have just bility in the marketplace. When you them. That was increasingly so until mentioned that won on this floor of the create stability in the marketplace you the Senator from New Hampshire and I Senate by 61 to 35 vote. benefit the small farmer producer, and came in the early 1980’s and said, ‘‘No. In the loan program, while I think I you do in real terms because you do You can’t do that kind of thing any- have discussed that in a reasonably not have the kind of gyrations in the more. If we are going to loan money to thorough way, Mr. President, USDA market where one year wheat is worth students they have to pay it back.’’ cannot make loans directly to the sug- a great deal of money and the next That became an increasing prerequisite arcane or the sugar beet grower, as I year you ought to plow it under be- of student loans throughout the 1980’s have mentioned. cause it is worth no money. That is the and into the 1990’s as we increasingly The reason is that raw sugarcane and kind of instability we saw in the sugar provided more money in the student beets are perishable, and although my pProgram in the late 1970’s and the loan program. colleague did not specifically speak to early 1980’s. So if you loan money to a GI, in the collateralization of the loan, the Those are some of the issues and many instances on education, that is loans are collateralized by refined items that I learned, Mr. President, an outright gift. If you loan money to sugar, and that is why the Government when I got here as a freshman Con- a student, you hope they pay it back. has not lost any money on this, not gressman and I knew very little about They are obligated to pay it back. If only by actual practice but by the law sugar. I also learned something else: they declare bankruptcy and walk itself. That when we began to make reforms away from it, even though we put a no- The loan rate for raw cane sugar is 18 in the program starting back in 1980 bankruptcy clause in, some of them do cents under the new program and has when we found out that we could not not. Most of them do, thank goodness. been frozen at that level since 1985. The operate under the kind of program we But if the Federal Government borrows farm bill makes that freeze level a per- were living under, and because of the money on a house and the person walks manent one. The current loan rate is boom and bust in the marketplace, away from the house, they can follow well below the domestic market price with the tremendous influence of the person legally through the chan- of 22 cents. So you have that cushion of dumping raw cheap foreign sugar on nels; and, if the person does not have protection between the 18 cents and the our market we came back to a Govern- any money, the Government has the 22 cents. ment program, or at least a program house. That is the reality. We know USDA loans on sugar have consist- where the Government became a par- those things. ently been repaid, as I have mentioned, ticipant to facilitate. In a nonrecourse loan to the refiner with interest. It sounds as if our Gov- When we did that we said something the Government has the sugar. The ex- ernment, in this instance, was a pretty very important. We said that this ample of default cannot be painted to good banker. The sugar program has ought not be a subsidy—that it ought be dramatic because it hardly exists. It been operated at no net cost. Mean- to be no net cost to the taxpayer. rarely exists. Over the last 2 years it while, U.S. consumers continue to buy Since 1980 my colleague from New has existed, and, when it did, the Gov- sugar at a price some 28 percent below Hampshire knows as well as I do that ernment took the refined sugar, sold it, the average price in the rest of the this has been a no net cost to the tax- and made a little money above and be- world’s developed countries. payer because that is what the law yond their expenses. For just a moment, Mr. President, let says. And in that context, while I was Mr. President, if the Government can me speak briefly again about the non- listening to my colleague a few mo- operate a program like that that cre- recourse versus recourse loans that go ments ago, I became frustrated when ates stability in the marketplace, that to the heart of the amendment of the he began to insinuate that this was keeps thousands of farmers producing, Senator from New Hampshire. Cur- costing the taxpayer money—or that in that disallows the dumping of cheap rently, all sugar loans, along with fact it was costing the Government sugar in our market and does so in a wheat, cotton, rice, and corn, are non- money—that is a nonrecourse loan if way that is of no net cost to the tax- recourse loans. This means that the defaulted upon costs the taxpayer payer, I would say that is probably a only way to collect repayment of the money. pretty good program. Maybe that is the loan is to assume the collateral. Rath- Two years ago, when we did have way Government ought to work in this er than collect massive stocks, USDA some default because the loans were instance. It creates the kind of stabil- operates the program so that there are collateralized on refined sugar, the ity we want. no loan forfeitures or cost to the Gov- Government took the sugar, sold it, The amendment that the Senator ernment. and made money—no net cost. Tech- from New Hampshire offers imposes an What the opponents suggest is that nically inside the law my colleague eligibility test for participation in this system be changed to basically a from New Hampshire, the Senator from what is now a new sugar program. For recourse loan program and the $10 mil- New Hampshire, is right. From a tech- over 12 months we worked at defining a lion threshold. Under this system, the nical point of view he is absolutely new program, and we put it in a 7-year Government could use any means nec- right—that, if the price of refined farm bill. Growers began to plant to essary to collect the value of a loan. No sugar had dropped dramatically, there that farm bill this spring. other commodity has a recourse loan. might be a loss. But the law says no I would have hoped that my col- Those are some facts that I think are net cost to taxpayers. league would have accepted those re- extremely important as we deal with As a result of that we have put the forms. But I understand that he does this issue. loan rate at a rate to cover those mar- not. He wants the program eliminated. Mr. President, because we are now gins, and it has no cost. He used an ex- That is his choice to offer on the floor just at the beginning of a new farm ample of the veterans; the homeowner. his amendment, and clearly he does bill, and while all of us spent nearly 2 I must tell my colleague from New that because nobody in my opinion can years crafting this document—and the Hampshire, my Senator friend, that he largely agree with his $10 million reve- Senator from New Hampshire was di- knows this—that when the Government nue threshold to establish it. If a re- rectly involved in trying to change it loans money on a house they have the fined cane miller or a sugar beet proc- with amendments in this Chamber, house as collateral. And if the person essor has annual revenue which exceeds which was certainly his right and his who borrows walks away from the $10 million they are not eligible for the prerogative, so he and I and everyone S8444 CONGRESSIONAL RECORD — SENATE July 22, 1996 else have had a substantial part in Let me also conclude by saying that home, but if there is a deficiency, in shaping the new farm policy, but we one of the things which is very impor- other words, if there is a difference be- did it. We put it in effect for 7 years. As tant to remember—and I am not sure tween what that home is sold for under a result of that, scores of farm organi- whether the Senator’s amendment foreclosure and what the note is paid zations around the country have said would therefore forfeit this figure—one out for and the note exceeded the fore- now it is time to leave it alone and let of the results of the program and the closure price of the loan, the individual it work for a while under the promises no net cost to the taxpayer is the as- remains personally responsible for that that the Government collectively made sessments that are generated through amount. would be a part of the program. the new program that will produce What we are suggesting is that a $10 The American Farm Bureau Federa- about $300 million in deficit reduction. million processor as a consortium, as a tion, the American Sheep Industry, the Now, if the Senator is still going to co-op or as a manufacturing coopera- Society of Farm Managers and Rural say let us keep the assessments but let tion, the $10 million processor should Appraisers, the Soybean Association, us kill the program, then, in essence, have to be liable also just like the stu- National Association of Wheat Growers he has created a new tax on producers, dent is, just like the veteran is, just and Barley Growers, the National Corn because we not only eliminated mar- like the homeowner is for that loan. So Association, the National Cotton Coun- keting allotments, we implemented a the program is still very much avail- cil, the National Council of Farm Co- 1-cent penalty effectively lowering able. It is available under approxi- operatives, the National Sorghum Pro- loan rates and we have an assessment mately the same terms and conditions ducers, the National Milk Producers that will generate about $300 million in relative to default and recovery that a Federation, the National Peanut Grow- deficit reduction to the Treasury over loan to a student is, that a loan to a ers Association, the National Pork the life of the program of 7 years. As a veteran is, and that a loan to a HUD re- Producers Association, and the Na- result of that, we think we have put to- cipient of a home ownership loan is. tional Sugar Farmers and Processors, gether a positive reform package not You have to pay the loan. You have to all of them have basically said now only for the American taxpayer, but, in pay back the Government. That is all that you have crafted a farm bill, we this instance, for the producer-proc- we are asking. urge you to stay with it because this is essor to create a stable market for the So the program is very much vibrant something you just do not change over- commodity that they produce. and alive. To reflect the fact that there night. Certainly in my State of Idaho, I yield back the time. is a sort of inherent contradiction in the millions and millions of dollars of Mr. GREGG addressed the Chair. this debate that I hear from the other investment it takes to farm and to The PRESIDING OFFICER. The Sen- side, the position of the other side, on produce means that you do not quickly ator from New Hampshire. the one hand, they are saying this pro- change the program if you change it Mr. GREGG. I certainly appreciate posal, which is to allow people to bor- overnight. Of course, the Congress has the eloquence and the aggressiveness row the money but to have to pay it the right to do that. But we understand and obviously the effectiveness of the back, versus borrow the money and the importance of making sure that Senator from North Dakota and the then if they decide they do not want to the program is stable. Senator from Idaho in defending the pay it back they can just turn over I hope I have portrayed my opinion of sugar program as it impacts their their sugar to the Government—that the effects of this amendment by the sugar beet growers who, in most in- this proposal is going to have a disas- Senator from New Hampshire. If not, I stances, I suspect—I suspect in all in- trous, debilitating, totally scorched am sure he will correct me, and I will stances—are very hard working, farm earth effect on the farm program; and stand corrected if I am wrong. But I community votes. However, the sugar then I heard that nobody has ever de- think it is important to remember that program itself is structured in a way faulted, or if there has been a default this is a program that since the early that it benefits a lot of major cor- they sold the collateral for more than 1980’s we have refined and shaped and porate farm activity, and that farm ac- the loan was worth. reshaped so that we create stability in tivity, as I mentioned before, is ex- So why is this such a terrible event? the market; that we offer a supply of traordinarily expensive to the Amer- Why is it such a terrible event to make sugar which is substantially less expen- ican consumer in an unfair and unjust it a matter of public policy that people sive than sugar and sweetener around and unmarket-oriented way. who borrow money from the Federal the world; that we are in compliance The argument on the other side ap- Government should pay it back? I with GATT, and as we move toward pears to have fallen into a few cat- guess it is a terrible event because it that, one of the things which is clearly egories. Let me try to respond to them happens to be perceived, I think, as a understandable is that our level of par- in some sort of argument. threat to the sugar growers and the ticipation in the program reduces as The first argument is that this sugar processors. They maybe see it as other governments around the world amendment would eliminate the pro- a camel’s-nose-under-the-tent approach subsidize, sugar levels reduce because gram because any processor doing more to the issue of their $1.4 billion subsidy of the General Agreement on Tariffs than $10 million in business would be which they are taking the American and Trade. All of that is part of how out of the program. No, that is not consumer to the cleaners with. our Government has worked, and I be- true. I think that is simply not true. It But, as a practical matter, the debate lieve properly so, under the direction of would say that any processor who gen- on the other side of this issue has de- the Congress and under the new farm erates more than $10 million in annual fended the position I have proposed in bill that we have before us. sales would have to pay their loans this amendment, because they have So I hope that my colleagues in re- back—just like a student, just like a stated accurately that there have been viewing this amendment will reject it. veteran, just like a homeowner. no defaults that would have created re- I certainly do not plan to second degree Now, there was some representation course beyond the collateral, and, it, and I do not know of anyone else that we do not collect veterans’ loans therefore, why should it matter to the who does. It is not my intention to and maybe they are an outright gift. I industry if they find themselves sub- want to put cute words around it, to do not think so. I think most veterans ject to recourse loans? Especially when try to hide the impact. I believe this pay back their loans, but if they are you have an Agriculture Department program is strong enough to stand on not paid back, the Federal Government that is controlling the importation of its own, as it has in the past, as it did has the right to go after them individ- sugar so it keeps the price of sugar 4 to by a 61 to 35 vote several months ago ually. The same thing of a student. If a 5 cents above what the loan price is? I on the floor of the Senate. And I hope student does not pay back his or her mean, really. It is like going into a that Senators, in reviewing this, could loan—it happens a lot, unfortunately— blackjack game and saying, ‘‘You have reject it out of hand and allow the pro- the Federal Government has the right to deal me both an ace and a jack. If gram, which we have effectively re- to collect that. Of course, in the home- you do not deal me the ace and the fined and developed, to operate for a owner’s situation, that is a jack, I am not going to play.’’ period of time to see if we get the sav- collateralized event. The Federal Gov- In this case we are going to give ings. ernment takes the home, sells the them the ace and the jack, I guess. But July 22, 1996 CONGRESSIONAL RECORD — SENATE S8445 it makes no sense, that if they should, in this country: All right, let us see, compete? I do not know, I guess that is by some strange coincidence end up now. A couple of weeks ago my son exactly what we are saying in this losing, they should not at least expect bought a MacIntosh computer. I plan. But, essentially, this concept of the Federal Government should be paid bought it for him for his birthday. The stable prices, which has been alluded to back. It is hard to believe there is a price of that computer, as I recall, was specifically by the Senator from North scenario where under the present sce- somewhere in the $1,500 range. It was a Dakota and clearly highlighted or ad- nario they would lose. As long as the pretty expensive item, but it was for dressed by the Senator from Idaho, is Department of Agriculture is going to schooling. It seemed like a good invest- another term for non-market-place keep the price 4 cents or 5 cents above ment. His sisters can use it. economy. It is another term for price the loan price, how do you ever end up All prices of all computers should be fixing. Price fixing does not benefit the with the collateral being less than the $1,500—right? The theory of the sugar consumer. It does not benefit the mar- loan? It is pretty hard to see that fact program is the price for a commodity ketplace. It benefits that small group pattern occurring. should be the same price at all times, of people who are able to benefit from But I am told this amendment dev- because the prices might go up and the the fixed price which, in this case, hap- astates the program. How does it dev- prices might go down; if you want to pens to be a very small group of sugar astate a program when the defense of maintain stability—we have a lot more growers, and it is extremely expensive the opposition has been that there has people working in the old computer in- to the American economy. never been a default, and when the dustry in this world, in the Apple com- There was a statement that there are numbers, on their face, speak for them- puter industry, I suspect, than make no tax dollars at risk; the taxpayers selves that if there were a default, sugar. I bet there are probably more pay nothing. Well, if you say that the there would not be any recourse? people that work for Apple Computer dollar that a taxpayer pays in taxes No, I do not think it devastates the than produce sugar. and a dollar a taxpayer takes out of his program. It does not affect the pro- What has happened to Apple comput- wallet to pay for sugar does not come gram at all. That was my point when I ers because they have not had a De- out of the same wallet, then I guess first started this. I said, ‘‘Gee, I would partment of Agriculture fixing the taxpayers are not impacted. If the tax- really like to do something about this price of that product? The prices went payers are some mythical beings out program but I know I cannot win. But down. I found out a few days ago I there who don’t go to the marketplace let us at least get ourselves on some could have bought the same computer I and buy food then, yes, there is no im- sort of even keel relative to the Amer- bought a few months ago for $400 less, pact on the taxpayers. ican taxpayer and relative to fairness. because there is something called a But if the taxpayers happen to be If we are going to say to the home- price war going on in the computer in- real, live Americans who go down to owner and the student and the veteran dustry. And, worse than that, for the the grocery store and buy food with you have to pay your loans back, let us folks at Apple, they are in serious trou- those dollars that are left over after say to the processor you have to pay ble. They have had to lay off thousands the Government takes their money for your loan back, too. That is the pur- of people, because their product was taxes, well, then it does impact them quite a bit, because they are paying pose of this.’’ not able to maintain the employment. somewhere around twice the going rate So I do not think there is any sub- And the prices of computers and other for the price of sugar. They are paying stance to that argument. I think the computers that have been brought on $1.4 billion a year more to buy that substance of it was undermined by the the market that have made that Apple sugar than they should have to. But presentation of the defense. To the ef- computer, which is a heck of a good this amendment does not address that fect there was a substantive point computer, I think—especially the soft- issue, that outrageous issue which I made in the opposition, it went to the ware in it—be not as competitive with would love to address. Unfortunately, I issue of this price stability, which was whatever the appropriate other com- cannot get the votes to address it. But specifically stated by the Senator from puter that is competing: Dell, AST, this amendment does not address that North Dakota and clearly implied and Gateway, Digital. Digital is a great alluded to by the Senator from Idaho. issue. This amendment addresses the computer, by the way—made in New fact that these are loans that do not Essentially, the theme of that posi- Hampshire. tion was that if you do not have price get paid back if they go bad. The point here, of course, is: It is Granted, it may never happen. It stability in sugar, then you are going called a marketplace. It is called may never happen that the Agriculture to have up-and-down years, you are America. It is called a market system. Department is able to manipulate, going to have years when the price will It is called capitalism. It is called through controlling imports, some- go down, when there is dumping, and ‘‘what made this country great.’’ It is thing that comes close enough to the years when the price will go up. So the called competition, worldwide, some- loan price so that there never is a loan idea is to have 23 cents or 22 cents all times. that goes bad. But there ought to be a the time for sugar, even though the Take another little commodity statement of policy, at least, that this world market price is 13 cents. Granted called cars. Shall we fix all Chevrolets Congress expects the $10 million proc- that may be a dump price, for all I at the price of Chevrolets sold in the essor to at least be as liable for his or know. It may not be, but it could be a year 1979 or 1985? We could, I suppose. her loans or its loans from the Federal dumped price. But there is clearly a Then we would not allow the Japanese Government as we expect the strug- heck of a lot of difference, there is a to import to compete. gling student, the veteran and the big difference between 22 cents, 23 I think we went through that, did we homeowner. cents, and 13 cents. So somewhere in not? That is why the Big Three had There were a couple of ancillary is- there is the real price of sugar one pre- such a tough time, because their qual- sues that were raised that I think need sumes, between those two numbers. It ity went down because they did not to be addressed. Maybe I already ad- is pretty obvious the American have the competition. Prices stayed up. dressed them. I was even more thor- consumer is paying a lot more than the Then, when they did get the competi- ough than I thought in my statement, real price, if the world dump market is tion, it took them a while to turn so I yield back the remainder of my 13 cents. around. Of course, with American time. So, if that is the case, if the purpose know-how they did it pretty quickly, Mr. COCHRAN addressed the Chair. here is to maintain a stable price for didn’t they? The PRESIDING OFFICER. The Sen- sugar, if that is the real gravamen of Now you have the most viable and ator from Mississippi. the argument, and that price always energized car producers in the world, Mr. COCHRAN. Mr. President, let me has to be 23 cents or 22 cents—and why and they are American again. For a compliment those who participated in is that number picked? That number is while, of course, we had a huge Japa- this debate for the efforts they made to picked because the loan price is 18 nese threat to our industry, but we re- fully acquaint the Senate with the cents and they do not want anybody sponded. issue that is before us with the amend- defaulting on their loan. If we apply Are we to say that the sugar growers ment offered by the Senator from New that logic to all the commodities made in this country would not be able to Hampshire. S8446 CONGRESSIONAL RECORD — SENATE July 22, 1996 My reaction to it at this point is that AMENDMENT NO. 4968 the agriculture industry as a whole be- this is an issue that has been before the (Purpose: To restore funding for the Agri- cause it encourages funding to go to Senate, was before the Senate, was culture Research Service at the level ap- those industries with the best lobbyists fully debated when we were undertak- proved by the House of Representatives) or those favored by the members of the ing to write the new farm bill, which Mr. MCCAIN. Mr. President, I ask committee. All research grants should contained a lot of market transition unanimous consent that the pending be based on national priority and com- reforms, included reforms in the Sugar amendment be set aside, and I send an petitive bid. Program and many others, and this amendment to the desk. As an example, I would like to com- issue has been resolved, or at least a The PRESIDING OFFICER. Is there ment briefly on the shrimp aquaculture bill was passed by the House and Sen- objection? Without objection, it is so research provisions contained on page ate, a conference occurred, a con- ordered. The clerk will report. 39 of the committee report. The com- ference report was written. The legislative clerk read as follows: mittee recommended a $300,000 increase This is the conference report that The Senator from Arizona [Mr. MCCAIN] in Federal funding for shrimp research. was compiled by conferees on the part proposes an amendment numbered 4968. Mr. President, the U.S. shrimp indus- of the House and the Senate, almost 500 On page 10, line 18, strike ‘‘$721,758,000’’ and try is a profitable, multibillion-dollar- pages in length, devoted to farm pro- insert in lieu thereof ‘‘$702,831,000’’. a-year industry. While it is true that grams and the role of the Federal Gov- The PRESIDING OFFICER. The Sen- the Asian shrimp industry is much ernment and the private sector in try- ator from Arizona. larger than the U.S. shrimp industry— ing to make available to Americans Mr. MCCAIN. Mr. President, this I understand that some desire that we abundant supplies of reasonably priced amendment would restore the funding should have an American source of foods and commodities. level for the Agriculture Research shrimp—it seems that increased Gov- The President signed the bill, and Service at the House-passed amount. ernment funding of the shrimp indus- this is the law. The bill before the Sen- Simply, if the amendment is adopted, try is not needed at this time. ate today simply funds the activities of we will save $18,927,000, which rep- Mr. President, my staff met with the Department of Agriculture and re- resents a 3-percent cut from the Senate shrimp industry representatives who lated agencies. It doesn’t seek to ad- level. explained their ongoing concern with dress suggested changes in agriculture No Agriculture Research Service pro- foreign diseases infiltrating our na- or farm policy, as such, but simply to grams will be put in jeopardy. No dire tional shrimp farms. I share their con- undertake to allocate to this Depart- outcome will result. Mr. President, it cern. However, since the shrimp indus- ment the funds it needs to carry out its is a very simple amendment. While the try is a profitable industry, and since responsibilities as defined by the law. Senate does not and should not func- the Federal Government already So this is a proposal by the Senator tion as a rubber stamp of House action, spends over $3 million a year on shrimp from New Hampshire to change the law the other body was entirely correct aquaculture research, this new finan- and, therefore, it seems to me ought when it funded the Agriculture Re- cial need should be met by the shrimp not to be adopted by the Senate. It is search Service at $702,831,000. industry itself. very technical, obviously. I was read- Mr. President, in the Department of Again, I hope when the bill goes to ing section 156 in the conference report Agriculture appropriations bill, a lot of conference that the House demand its that deals with the Sugar Program, the unnecessary spending is in the Ag- language on this matter and that Fed- eral involvement with the shrimp in- and it talks about the nonrecourse and riculture Research Service program. dustry be kept at a minimum. the recourse loans that are a part of Certainly, there is a legitimate need I also want to express my concern that program, and it is very, very tech- for agricultural research. We all agree nical. that the Senate added language to the on that point. bill on page 33 that funds the National I was thinking, how is a Senator who Let me emphasize, voting for this is not a member of the Agriculture Natural Resources Conservation Foun- amendment will not contradict that Committee, has not been a party to the dation at no more than $250,000. This point. Voting for the amendment does hearings and discussions about how sounds very good, but it raises many affirm our belief that we must scale this is going to work as a practical questions. First, according to the act back our spending in a responsible matter, how is he going to be able to which established the National Natural manner. decide, how is she going to be able to Resources Conservation Foundation, The House funded the Agriculture decide whether this is an amendment Public Law 104–127, the foundation is Research Service at a very reasonable they want to vote for or against. ‘‘a charitable and non profit These are arguments that have been level at $702 million. Again, I want to corporation * * * [and] is not an agen- made on both sides of the issues. I com- note that this is a 3-percent cut from cy or instrumentality of the United pliment the Senators involved. I think the Senate level. I believe that we States.’’ the only thing we can be sure of is we could cut this nearly $1 billion program The law also notes the numerous du- will vote on this. We will vote on this by 3 percent. ties of the foundation, many of which I amendment. The yeas and nays have Mr. President, there is other lan- agree with. But I want to note that the been ordered, and the vote will occur in guage in the bill and in the accompany- last of the duties proscribed in the law due course of proceeding on this bill. It ing committee report that concerns for this private corporation is ‘‘[to] will not occur today. But under the me. I would like to raise some of those raise private funds to promote the pur- order entered for the consideration of issues at this time. On page 51 of the poses of the foundation.’’ The law the bill today, it would be put over and bill, the House had language that stat- states this is a private organization a vote will occur tomorrow. ed no funding made available under that should raise funds and promote I am going to have to come down on this title shall be used for new studies certain agricultural activities. I think the side of the Senator from Idaho and and evaluations. I applaud the House we should let the corporation follow the Senator from North Dakota in ar- for inserting this prohibition in the that law. guing that the amendment be voted bill. Unfortunately, the Senate struck Mr. President, isn’t the concept of a down. I hope Senators will vote against the House provision and inserted in- private corporation that it is private, the amendment, with due respect to stead the $6 million cap on studies and therefore, not funded by the Federal my very good friend from New Hamp- evaluations. Unfortunately, many of Government? In general, private cor- shire, whom I admire greatly. these studies are not necessary or porations should not be funded with Mr. President, we are prepared to re- could be privately funded. I hope that Federal dollars. I hope the Secretary of ceive other amendments, or any fur- when the bill is conferenced, the Sen- the Department of Agriculture will not ther debate on this amendment would ate will recede to the House on this use any appropriated money to fund be in order if Senators care to debate matter. this organization. While there is a le- the amendment. The committee report continues to gitimate role for some Federal dollars Mr. MCCAIN addressed the Chair. recommend funding for a wide variety to be used by private corporations for The PRESIDING OFFICER. The Sen- of specific industry areas. I believe certain select activities that are nec- ator from Arizona. that such earmarking is detrimental to essary but which might otherwise go July 22, 1996 CONGRESSIONAL RECORD — SENATE S8447 unfunded, this is not one of those ex- sions as to the prospects of this amend- done in Arizona. Just to simply say we ceptions. ment, but I would suggest that sooner are spending more than we need but Again, Mr. President, this is a simple or later the American people will con- not say how, where, when, or to what amendment. It represents a 3-percent tinue to question and question severely extent, that is not right. cut in the Agriculture Research Serv- this kind of funding. Mr. President, I Now, after the Senator completed his ice program and restores the House of ask for the yeas and nays on the proposal where he makes this $18 mil- Representatives-passed funding level amendment. lion cut, he then talked about other for the program. I hope the Senate will The PRESIDING OFFICER. Is there a parts of the bill he found obnoxious adopt the amendment. sufficient second? There is a sufficient that do not have anything to do with Mr. President, I have read the report second. Agricultural Research Service funding. language of the bill rather carefully. The yeas and nays were ordered. If there are programs that should not There are many worthwhile and wor- Mr. MCCAIN. Mr. President, I yield be funded, I suggest we ought to spell thy causes. Some of them I do not the floor. it out. Amendments ought to target quite understand. Some of them are Mr. COCHRAN. Mr. President, let me those projects. If that is what the com- somewhat unusual, to say the least. respond to the Senator from Arizona plaint is, offer an amendment that does Grape research, hops, insect rearing, by saying that when we looked at the that. But to offer an across-the-board goat grass control, nutrition interven- President’s budget request for funding cut which if we passed would force the tion projects, cotton value-added/qual- of the Agriculture Research Service ac- Department to make the decisions, we ity research, apple research, alfalfa re- tivities, we, too, thought that the re- would not have any responsibility for search, corn germplasm research. quest was too high. Our careful evalua- doing that. That is irresponsibility. Mr. President, all these, I am sure, tion of the needs for research done by That is not accountability. are worthwhile, but many Americans the Agriculture Research Service re- I sympathize with the Senator’s pro- who are facing cuts in Medicare, cuts sulted in our reducing the amount posal that we make sure the dollars in Medicaid, cuts in food stamps, So- available for this activity by $7 mil- that are invested in research are, No. 1, cial Security being in financial jeop- lion. So the proposal that is before the needed, serve some public interest, are ardy would ask the question—and I Senate is $7 million less than requested reviewed carefully. I can assure the think it is a legitimate one—should the by the administration. Senate and I can assure the Senator taxpayers be paying for a fish farming Let me also point out one other from Arizona that will be undertaken experiment laboratory? Should the tax- thing. I noticed the Senator’s amend- here. payers be paying for cotton value- ment would cut $18 million from the He did specifically mention shrimp added/quality research? Should the tax- Senate-recommended figure, $18 mil- research for shrimp farming operations payers be paying for corn germplasm lion from what the Senate rec- and how they were money-making en- research? Apple research? Alfalfa re- ommended. We are already $7 million terprises and they did not need the re- search? Funding children’s hospitals? below the President’s request. He does search dollars. I convened a hearing Mr. President, the question, I think, that, he says, to bring our number to just on that issue last year to deter- is a legitimate one. I have no informa- the point where we would agree with mine what some of the problems were tion that the apple industry in Amer- the House on the level of funding for in aquaculture in fresh water, some ica is in such dire straits that they these activities. The House number is salt water shrimp and other aqua- need to have Federal dollars spent on $702 million in total. The bad part is, if culture activities. I found out there apple research. I wonder if the apple in- you look at the House numbers individ- was an epidemic of exotic viruses that dustry in America could pay for apple ually in all the items in the bill that have attacked the shrimp in those op- research. I have no information that the House says should be funded, it erations and we were, in exchange, im- the Arkansas children’s hospital is in adds up to $710 million more or less. porting huge quantities of shrimp from such bad shape that it needs to have an Draw the bottom line and put $702 China and other foreign sources be- additional $425,000 of taxpayers’ dol- million. He wants us to join that cause we could not meet the supplies lars. hocus-pocus and suggest we want indi- needed here for wholesome, safe shrimp Bee research. I did not know that the vidual projects funded up and down the and other seafood. This was a growing Hayden Bee ARS Laboratory in Tuc- line in their bill, and if you add them industry. It was one that had a lot of son, AZ, required earmarked funding. all up it is $710 million, round numbers, promise but it was about to be wiped Mr. President, I did not know that the but they draw the bottom line and put out. These funds that are made avail- wheat industry was in such bad shape $702. I will not submit a bill to the able are made available on condition that it needed an additional $450,000 floor of this Senate and do that and say that the industry come up with its own above the 1996 level for the ARS Pacific I am cutting spending more than we money to help match the dollars that Northwest Club Wheat Breeding Pro- really are recommending when you are put up by the Government to get to gram. look at the individual items. the bottom of this problem, and it is a What I am saying, Mr. President, is What they are forcing the Depart- problem. it all gets down to the question about ment of Agriculture to do, if the Sen- Here is the hearing. This is a hearing the role of government in our society. ate goes along with that, we are mis- record. This is not something the in- I was under the distinct impression representing to the general public, we dustry just came in and tried to push that, at least on this side of the aisle, are misrepresenting to the Department over on us. I am convinced the dollars Members felt that the role of govern- of Agriculture, what our recommenda- that are made available for that activ- ment in our society should be tion is. We are forcing the Department ity are needed. The purpose, to provide prioritized to provide for national secu- to pick out $7 million in cuts and im- high health and genetically improved rity and for those in our society who pose them somewhere, and disavowing stocks, to control disease agents, to en- are unable to take care of themselves any connection with it. We are dis- hance environmental protection, and who need our help, and certainly other- avowing paternity with a $7 million to develop animal husbandry methods. wise important programs. cut. All of this is needed if we are going to I do not understand the logic behind If we are going to impose the cut to save this industry from a doom, a doom funding with taxpayers’ dollars indus- $702 million, identify where the cuts that will cause us to have to rely on try, whether it be fish farms or grapes are going to be. If you are going to cut foreign sources of these products. We or cotton or wheat or bees, when those the Arkansas Research Program that already do. But we will be completely industries are not only not in need, but the Department of Agriculture runs, reliant on them if we are not careful, if according to the information I have re- you have to spell it out. If you are we let this virus problem spread, if do ceived that agriculture is one of the going to cut an Arizona cotton re- not figure out how to stop it. That is healthiest industries in America. search activity that is a substantial in- needed. I will stand behind it. The So I hope that we will make a modest vestment of dollars in a new facility, record supports the need. I hope the cut and restore the House level of fund- say it. Say you are cutting western Senate will reject the amendment. ing. Mr. President, I have very few illu- cotton research, and point out it is Mr. GREGG addressed the Chair. S8448 CONGRESSIONAL RECORD — SENATE July 22, 1996 The PRESIDING OFFICER. The Sen- had inflated prices due to the cost of the sugar program generates some revenues ator from New Hampshire. sugar was approximately $90 million through marketing assessments on sugar. On Mr. GREGG. I ask for the regular annually. So that exceeds, by, I think, average, these marketing assessments total order. a factor of three, what is alleged to be $30 million annually. If the sugar program The PRESIDING OFFICER. The reg- the positive cash flow of this program did not exist, these assessments would not be collected. ular order is the Senator’s amendment to the Treasury. If I can be of further assistance, please con- number 4959. Let me read the operative sentences: tact me at (202) 512–5138 or Bob Robertson at AMENDMENT NO. 4969 TO AMENDMENT NO. 4959 In 1994, total expenditures on food were ap- (202) 512–9894. (Purpose: To prohibit the use of funds to proximately $647 billion. Of this amount, ap- ROBERT C. ROBERTSON make loans to large processors of sugar- proximately $42 billion was government ex- (For John W. Harman, Director, Food, cane and sugar beets unless the loans re- penditures for food purchases and cash trans- and Agriculture Issues.) quire the processors to repay the full fers to consumers for food purchases. This represented 6.5 percent of all domestic food Mr. GREGG. Mr. President, I ask for amount of the loans, plus interest.) expenditures. Applying this to the $1.4 bil- the yeas and nays on my amendment in Mr. GREGG. I send an amendment to lion cost of the sugar program, we estimate the second degree. the desk. that the government’s additional cost of pur- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The chasing food and providing the level of food sufficient second? clerk will report. assistance it delivered in 1994, was approxi- There is a sufficient second. The legislative clerk read as follows: mately $90 million. They yeas and nays were ordered. The Senator from New Hampshire [Mr. Mr. President, I ask unanimous con- Mr. GREGG. Mr. President, I yield GREGG] proposes an amendment numbered sent this letter be printed in the the floor. 4969 to amendment No. 4959. RECORD. AMENDMENT NO. 4968 Mr. GREGG. I ask unanimous con- There being no objection, the mate- Mr. BUMPERS. Mr. President, the sent reading of the amendment be dis- rial was ordered to be printed in the amendment of the Senator from Ari- RECORD, as follows: pensed with. zona is arbitrary at best and capricious The PRESIDING OFFICER. Without GENERAL ACCOUNTING OFFICE, at worst. objection, it is so ordered. Washington, DC, July 18, 1995. The year 1995 culminated a series of The amendment is as follows: Congressional Requesters, In our report entitled Sugar Program; cuts in agricultural research over a pe- Strike all after the word ‘‘SEC.’’ and insert Changing Domestic and International Condi- riod of years. In other words, agricul- the following: tions Require Program Changes (GAO/RCED– tural research funds had been cut every REPAYMENT OF CERTAIN SUGAR LOANS. 93–84, Apr. 16, 1993), we estimated that the year for several years. In 1995, for the None of the funds appropriated or other- U.S. sugar program costs sweetener users an first time in this Nation’s history, ag- wise made available by this Act may be used average of $1.4 billion annually. In this con- ricultural yields per acre failed to in- to make a loan to a processor of sugarcane text, you requested that we estimate how or sugar beets, or both, who has an annual much the sugar program increases the gov- crease. That was on an apples-and-ap- revenue that exceeds $15 million, unless the ernment’s costs of purchasing food and con- ples basis, where rainfall and so on was terms of the loan require the processor to ducting food assistance programs. taken into consideration. repay the full amount of the loan, plus inter- While it is impossible to precisely quantify Now, the suggestion is, and I am not est. the direct costs of the sugar program to the familiar enough with that study to Mr. GREGG. This is the same as the government, we have approximated the gov- know, but the suggestion is that as we ernment’s additional costs, based on its underlying amendment, but it changes share of total domestic food expenditures. In have cut agricultural research money, the amount that is required of proc- 1994, total expenditures on food were ap- we are finally being caught up by lower essors to have recourse on from a $10 proximately $647 billion. Of this amount, ap- yields of agricultural products per million threshold to a $15 million proximately $42 billion was government ex- acre. threshold. After that, it is a more le- penditures for food purchases and cash trans- When I was a youngster, 15 or 20 nient amendment than the first, if we fers to consumers for food purchases. This bushels of soybeans per acre in much of presume we are requiring people to pay represented 6.5 percent of all domestic food my State was ordinary. Today, even expenditures. Applying this percentage to back loans. the $1.4 billion cost of the sugar program, we unirrigated beans ought to make 30 to It does not, I think, aggravate the estimate that the government’s additional 40 bushels per acre. Rice, I can remem- situation and should not from the cost of purchasing food and providing the ber when 50 to 75 bushels of rice per standpoint of my colleagues who feel level of food assistance it delivered in 1994, acre was a big crop, and today it is not differently on this amendment than I was approximately $90 million. uncommon, at all, in my State, for rice do. I offer it to protect my position in Table I provides more detail, by program, farmers to make 200 bushels of rice per on the government’s expenditures on direct the batting order here. food purchases and cash assistance for acre. I make one additional point. There consumer food purchases. These calculations Cotton. When I was a kid, because we was a point made on the other side, and are approximated, using the best available did not have any antidote to the boll this is, really, ancillary to the overall information. weevil, a half-bale of cotton to the acre debate but needs to be responded to. was considered a pretty good crop. And There was a point made on the other TABLE I.—GOVERNMENT SPENDING ON FOOD PURCHASES everybody knows what Norman side that the Sugar Program as pres- AND CASH PAYMENTS FOR CONSUMER FOOD PUR- Borlaug did for wheat production in ently structured actually causes a net CHASES, 1994 this country. All of those things were ‘‘infloat’’ of the Treasury because this [In millions of dollars] not accidental. They were done because is an assessment process. However, if the Federal Government put money Program Amount you take into effect in the calculation into agricultural research. Right now, the cost to the Federal Government of Food Stamps ...... $22,880 the fire ant is moving north. Southern Child nutrition food subsidies 1 ...... 6,262 having to buy sugar for products which Direct distribution to families ...... 46 Arkansas is covered with fire ants. it uses and food stamps and military The Emergency Food Assistance Program (TEFAP) ...... 142 They do a tremendous amount of dam- The Special Supplemental Food Program for Women, Infants, feeding and child nutrition at the in- and Children (WIC) ...... 2,396 age. Killer bees are moving up from Commodity supplemental ...... 84 Mexico. flated rate we must pay because the Direct distribution to institutions ...... 1,561 Federal Government is a fairly large Direct distribution to the elderly ...... 177 Mr. President, I am one of the people Correctional institutions 1 ...... 1,564 who think we probably made a mistake consumer—also as I mentioned, and I Hospitals 1 ...... 1,017 suspect ad nauseam for my colleagues, Nursing homes 1 ...... 2,038 when we eliminated the honey pro- Other homes and schools 1 ...... 266 the price here is dramatically more Military food purchases 2 ...... 1,055 gram. The honey program cost very lit- than the price the market would be Military subsistence payments 3 ...... 2,401 tle. The reason I had real trouble with were this a market-oriented program Source: USDA Economic Research Service. that amendment is because bees polli- versus price-control program. Note: Data are for calendar year 1994, except where otherwise noted. nate plants; 15 percent of all the 1 Includes federal, state, and local spending. GAO has advised us the cost to the 2 Fiscal year 1994 data provided by the Defense Logistics Agency. pollinization in this country is done by Federal Government, by letter of July 3 Fiscal year data provided by each of the Armed Services. native honey bees. The killer bees com- 18, the cost in 1994 to the Federal Gov- While raising the costs of purchasing food ing up from Mexico are killing our ernment for purchasing products which and conducting food assistance programs, bees, and, in addition, there are strains July 22, 1996 CONGRESSIONAL RECORD — SENATE S8449 of virus and other threats to honey crab in the Chesapeake Bay? The crop ing for the Senate Agriculture Com- bees that need to be understood. That this year is so sparse that 500 crab mittee, be given floor privileges during takes research. Once we understand the pickers are out of work. And the ones the debate on this amendment. problems, solutions will follow. who are working are working 3 days a The PRESIDING OFFICER (Mr. I saw a story the other day that was week. Now, if somebody came in here GREGG). Without objection, it is so or- interesting to me because the cran- and said they had a beautiful idea for dered. berry farmers of Massachusetts, for ex- replenishing the crab population of the Mr. COCHRAN. Mr. President, I rise ample, are getting terribly upset be- bay, I might vote for it. I can assure to simply advise the Senate that the cause they depend on bee farmers to you that those employed in the crab- Senator from Massachusetts came over bring their hives to their crops and pol- bing industry around Chesapeake Bay a while ago to ask if he could have 10 linate them. I am not sure New Hamp- and consumers who enjoy reasonably minutes as if in morning business to shire does not have some crops similar priced crabmeat would be asking us to talk about a subject that he discussed to that, which honeybee farmers bring vote for it. in the Senate earlier, and hadn’t been into New Hampshire. And now the av- The Senator from Arizona mentioned able to complete his remarks. I sug- erage life of a beehive has gone from 3 Children’s Hospital in Arkansas. I can gested that he come over around 4:30, years to 1 year. Oh, yes, we spent Fed- remember when the Children’s Hospital thinking that there might be a lull in eral dollars every year subsidizing the in Arkansas was just a small hospital the action so that he could proceed honey industry through research. But I to treat severely burned children. with morning business remarks. But I can tell you that is peanuts—if you Today, it is one of the finest state-of- know the Senator from North Dakota will pardon the expression—compared the-art children’s hospitals in America. is here to talk about the issue before to the benefit that honey bees do for And this is the third year we have put the Senate. I hope we can resolve it so the American farmers in pollinating money in that. What is the Department that the Senator from Massachusetts their crops. of Agriculture doing giving money to can have a few minutes following the The Senator from Arizona mentioned the Children’s Hospital in Arkansas? It Senator from North Dakota, or preced- aquaculture. Thirty years ago, the is for a really sophisticated nutrition ing the Senator, whatever is their farmers of Arkansas started raising program. Do you know something else? pleasure. catfish, domestically raised catfish. The Children’s Hospital in Little Rock Mr. CONRAD addressed the Chair. And all the world, if they are not al- is putting up a lot of money—mil- The PRESIDING OFFICER. The Sen- ready familiar, should know that it is lions—to build a facility to house this ator from North Dakota. the most beautiful, delicious, delicate, nutrition program. I never knew what AMENDMENT NO. 4959 succulent fish ever known. We went a children’s hospital was. A hospital Mr. CONRAD. Mr. President, they are into the catfish farming business al- was a hospital to me, until my daugh- at it again. The critics of farm pro- most out of necessity because we irri- ter became ill and the pediatrician grams are suggesting bad policy for ag- gate our rice crops and we store the said, ‘‘You ought to take her to Bos- riculture and are trying to break the water in the wintertime. The farmers ton.’’ The finest children’s hospital in promise just made to the American decided that as long as they have these the world is in Boston, MA. That is farmer. big ponds of stored water that they use where I took her. Today, I would not On April 4 this year, the President to irrigate rice with, why not figure have to go to Boston because of the signed into law the 1996 farm bill. That out another use for those rice irrigat- tremendous strides of the Arkansas is April 4 of this year. The proponents ing ponds. Children’s Hospital. of that bill claim they had a 7-year My predecessor in the U.S. Senate, A member of my family left a week plan for agriculture, one that promised Bill Fulbright, helped come up with the ago and went to the emergency room of to be reliable, one that promised to idea of raising catfish in those ponds. one of the hospitals in Washington, DC, provide certainty, one that promised to Mr. President, would you like to know and there were three residents standing reduce Government interference. how many pounds of catfish we could there. This new doctor, a young man, The farm bill passed, and now we see raise a year per acre? Seven-hundred walked in. He had just joined George- how quickly their promises have been pounds. And so at least we started a town University Hospital. When he broken. The House Agriculture Appro- couple of catfish research projects found out I was from Arkansas, he said, priations Subcommittee proposed addi- called aquaculture—all fish-raising is ‘‘You know, when I finished my train- tional cuts in addition to those already aquaculture. We have one in Mis- ing and started looking for a place to made in commodity payments under sissippi and one in Arkansas. In Arkan- settle, believe it or not, I went to Lit- the freedom to farm legislation. They sas we think continued research is im- tle Rock, AR. I looked over your Chil- broke their promise to the American portant and 2 years ago we made sub- dren’s Hospital, and I never got such a farmer—not 7 years later, but 7 weeks stantial investments to improve our shock in my life. It is one of the finest later. So much for reliability and cer- aquaculture research facilities in facilities I have ever been in. I nearly tainty. Stuttgart. The 1996 farm bill redesig- decided to stay in Little Rock, not Thankfully, those additional cuts in nated that facility as the National only because of the facilities but be- commodity payments were rejected at Aquaculture Research Center, and I cause of the quality of the people the full committee level. But the crit- can tell you we are all very proud of it. there.’’ ics of the farm program did not stop Some of the magazines called it a $7 There is $425,000 in this bill to con- there. They proposed, on the House million fish farm. It had nothing to do tinue funding what we hope will be one side, capping raw sugar prices. Imag- with fish farming beyond its applica- of the finest children’s and nutrition ine, people who advocate market ori- tion of new information for fish farm- programs in the United States. Now, I entation are placing into law a limit on ers; it was all research. But over the can remember when it took 9 to 12 what prices could be in an industry. If period of the last 30 years, because the weeks to grow a broiler, a chicken, for that is not Government interference, I Federal Government has put money the retail fresh market. Today, you do do not know what is. into fish farming research, catfish it in 6 weeks. Do you know why? Be- Under that amendment, the Repub- farming research, production of catfish cause of agriculture research. lican-led House would be telling the per acre has gone from 700 pounds per So I cannot say much more than the Government to reach into the sugar acre per year to 4,400 pounds per acre chairman has already said. He made a market and place an arbitrary cap on per year. And unless we continue to beautiful speech on the McCain amend- prices. It is the ultimate irony—Gov- fund agriculture research, we are going ment a moment ago. I hope when the ernment interference at its worst. Once to be sitting around the breakfast table time comes that the amendment, again, a promise was broken. looking at each other wondering what which, as I say, is arbitrary at best, Now today we are faced with an we are going to eat that day. will be soundly defeated. amendment to interfere even more On the front page of the Metro sec- PRIVILEGE OF THE FLOOR with what was just agreed to months tion of the Post this morning there was Mr. President, I ask unanimous con- ago. The Gregg amendment eliminates an interesting article concerning blue sent that Robert Hedberg, who is work- the safety net U.S. producers have S8450 CONGRESSIONAL RECORD — SENATE July 22, 1996 against heavily subsidized foreign com- Eighty-five percent of the sugar that Let us just look at how many beet petition. is marketed in the world moves under processors and cane mills have already The Senator from New Hampshire I contract. This sugar is not in the world gone out of business. This chart clearly think is well-motivated, well-intended, market at all. It is moved under a con- shows that this industry is already fac- but I think sadly misinformed as to tract. For this reason, the so-called ing hard times. This shows what has international sugar and about what world market is not a world market. It happened to beet and cane processing happens in these markets. And I would is a dump market. It is where the sugar mills that have gone out of business say to my colleague from New Hamp- sells that is not under contract. That is since 1990. If anybody thinks there is shire that this is not like Dell Com- why you see the prices in the so-called some big windfall out here, somebody puter, or Apple Computer, or IBM. Oh, world market, the dump market, sell- is getting rich on this program, let us no, that is not the way the sugar mar- ing for 13 cents. look at the record. ket works in the world. This is not a Look at what happens if you elimi- Why did all these folks go out of free market. That is a nice idea—a nate the sugar program. We know what business if it is so good? Let us look at textbook idea—but it is not the real happens. Every time it has been tried, beet and cane processing mills. This is world. The sugar industry worldwide prices skyrocket. And who got hurt? I just since 1990. The record since 1980 is works in a much different way. Every will tell you who got hurt. The a whole lot darker. major producing country has a pro- consumer got hurt. This is not a free- Let us just look since 1990. Delta gram—every one. We are not talking market model. That is not what is hap- Sugar Co., beet plant, California, went about a free market. We are talking pening in world sugar production. under in 1993; Holly Sugar, California, about heavy Government involvement Make no mistake: The Gregg amend- beet plant, 1993; Columbia Sugar, cane in every one of these producing coun- ment kills the sugar program. If you plant, went out of business, Louisiana, tries. want to kill the sugar program, there 1994; Hamakua Sugar, cane plant, Ha- What the Senator from New Hamp- is a way to do it—pass the Gregg waii, 1994; Hilo Coast Processing, shire wants to do is say to the U.S. in- amendment. If you want to sock it to again, cane sugar, went out of business dustry, ‘‘You go out there and compete consumers, pass the Gregg amendment. in 1994; Oahu Sugar, cane plant, Ha- against all these other countries, but Prices will skyrocket. We know, it has waii, 1994; Spreckels Sugar, again, a without the benefit of a program. You happened before whenever somebody California plant—this is a beet plant— go out there, and we are going to en- actually got a mind to pursue this went out of business in 1996; Holly gage in unilateral disarmament here in course. But not only will it hurt con- Sugar, Hamilton City, CA, beet plant, America.’’ We are going to say to our sumers, it will hurt American produc- went out of business in 1996; Ka’u Agri- folks, ‘‘You go out and compete not ers, because even though prices will go business Co., cane plant, Hawaii, 1996, only against other countries’ farmers, up, American producers will be hurt. went out of business; Kaialua Sugar but against the governments of other Why? Because we will get a flood of for- Co., cane plant, Hawaii, 1996, went out countries, and good luck. We hope ev- eign sugar into the U.S. market. of business; McBryde Sugar, cane We know what will happen. It hap- erything will work out.’’ Everything plant, Hawaii, went out of business in pened every time in the past when this will not work out. 1996; Western Sugar, Mitchell, NE, beet Anybody who has looked at the sugar and the other Chamber has decided plant, went out of business in 1996. industry and what has happened knows that we should eliminate the sugar pro- One after another, right out of busi- better, knows precisely what will hap- gram, that we were going to be free ness, and you pass the Gregg amend- pen, if we say to our producers, ‘‘You from the world and act as though there ment and we will be able to provide is some free market in world sugar. go out there and compete against heav- next year chart after chart after chart There is no free market. just like this one of companies that ily subsidized foreign sugar and see Let me just say that the Gregg have gone out of business. That is what what happens.’’ We all know what will amendment is not a program. It is a we are talking about. The stakes are happen. Our folks will go broke, be- recipe for disaster. It will force dozens high. cause the treasuries of these countries of millers and processors and thou- Let me be clear. The Gregg amend- with whom we are competing are a lot sands of farmers out of business. This ment benefits the sugar refiners. That bigger than the treasuries of the indi- is not some insignificant amendment. is who is the beneficiary if this amend- vidual producers. In my State, there are thousands of ment passes, not consumers. They will That is the reality of what we face farmers that depend on sugar for a sub- not benefit. In fact, they will be hurt. here. This notion that the Senator ad- stantial part of their income. Kill this Not farmers, not beet processors, not vocates that U.S. sugar policy unfairly program, and you kill them. And they cane mills, but refiners, they will be inflates U.S. prices over world prices is know it. They know exactly what is the beneficiaries. absolutely untrue—absolutely untrue. happening in these world markets. Let us look at charts that show the All of us know what happens if you They know exactly what has happened efforts made to increase the supply of take away the sugar program. This with other countries’ programs. They raw sugar in the U.S. market and the chart shows what has happened the two know exactly what we are up against activity it caused in the market. This times we eliminated the sugar pro- in these world markets. chart shows what we have seen with re- gram. Here is what happened to prices. For those less familiar with sugar spect to raw sugar prices and the im- They skyrocketed in both cases in the policy, loans are not made to these pro- port quota increases over the past year early 1970’s and in the early 1980’s. ducers, because beets and cane are not and a half as USDA allowed quota in- Prices skyrocketed. Why? Because the storable commodities. It is unlike creases four consecutive times, all to market knew we were headed for tur- other commodities such as grains, such the benefit of refiners. bulence, a lack of certainty, that peo- as corn and wheat. Those are programs This chart shows raw sugar prices ple would dramatically reduce their that have a payment that goes directly from 1995 to 1996. On November 9, 1995, plantings. And what would happen is to producers because those are storable USDA allowed another 330,000 tons to you would see shortages, spot short- commodities. come in over quota—that is, foreign ages. And those who are producers of That is not the case in sugar. Sugar- sugar to come into the United States— sugar, refiners, bid up the price in cane and sugar beets are not storable. and look what happened to prices. order to assure themselves of a stable So what we have is a program where Prices went down markedly. Then they supply. That is what has happened re- the loans are made to the millers and came back up. January 17 of this year peatedly. processors who store the raw cane or they socked it to the domestic pro- Unfortunately, when my colleague the processed beet sugar. As a result, ducer again bringing in more foreign says, ‘‘Gee, look at the price. The sugar producers are intricately tied to the sugar and predictably prices plunged price is 22 cents a pound, and the world millers and processors. If millers and again. Then we saw price recovery. All price is 13 cents. Well, there is evi- processors are no longer able to use the of this is moving in the 221⁄2 to 23 cents dence, there is clear evidence that this loan program, they will simply go out a pound range. sugar program is gouging consumers.’’ of business and they will take farmers On April 1, they did it again, brought Nonsense, absolute nonsense. with them, make no mistake. in another 220,000 tons from abroad. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8451 Prices plunged. And again, June 12, Mr. President, what has happened, I anybody at any time. But what our just a month ago, another 165,000 tons. believe, is very clear. This is a trans- producers are not prepared to do is to Look what happened to prices; a steep parent argument. The refiners want to take on not only the farmers of an- decline as more foreign sugar was continue to make more money by re- other country but the governments of brought in, that benefited whom? Bene- fining cheap sugar from the world mar- other countries. That is not a fair fited the refiners because they were ket. This amendment not only breaks fight. And our Government should not getting more sugar to process through the promises of reliability, certainty, abandon our producers and our proc- their plants, more throughput, more and reduced Government interference essors, helping foreign governments, activity, more profit. in agriculture that was made to Amer- foreign producers, foreign processors I do not begrudge them and their ican farmers only 4 months ago, but it against the refiners of this country. profit. But let us look at what is hap- is bad policy that would send shock That is what this amendment is really pening with respect to the throughput waves through a domestic industry, a about. I hope this Chamber will do as it of the refiners, because the Gregg domestic industry that produces tens has done before and reject the Gregg amendment is misnamed. It ought to of thousands of jobs in this country. amendment and reject it in a resound- be called the ‘‘refiners benefit bill.’’ I hope my colleagues will join me in ing way. That is really what we are talking soundly rejecting the Gregg amend- I yield the floor. about. You are picking sides in an eco- ment. Mr. KENNEDY addressed the Chair. nomic fight and you are saying we Let me just conclude by saying this The PRESIDING OFFICER. The Sen- want to give the refiners more than is, again, not like the typical industry. ator from Massachusetts. they are getting now. Senator GREGG refers to the computer f Let us look at what the throughput industry, and says there is no Govern- PERSONAL RESPONSIBILITY, has been through cane refiners’ plants ment involvement there. He is right. WORK OPPORTUNITY, AND MED- in the last 10 years—1985–86 to 1995–96. That is a whole different ball game Back in 1986–87, we were looking at ICAID RESTRUCTURING ACT OF than the worldwide sugar industry, 1996 5.3 million short tons. Had a bad year where every single major producing Mr. KENNEDY. Mr. President, I in 1987–88. Then we went to 5.4 million country has a program. Every single thank my colleagues, our managers, short tons. Went up to 5.9 million—that one of them aggressively supports their for indicating when might be an appro- is the peak—in 1990–91. Then we saw producers. If we are to abandon ours, priate time to speak on an issue, the some pulling back. But in 1995–96 we the results will be very, very clear. underlying issue, which is welfare re- see a record for the refiners in terms of No. 1, we have seen what has hap- form in a way not to interfere with de- throughput, 6.4 million short tons—6.4 pened in the past in terms of prices. bate on the agricultural appropriations million short tons. And yet what do we Prices will skyrocket. That is undeni- bill. I will take that opportunity now, have before us? The refiners benefit able. The world price the Senator re- to speak on this underlying measure, bill. They have just had record fers to as 15 percent of the market is a which the Senate will address tomor- throughput. That is the amount of dump market. It has no relationship to product going through their plants. row. supply/demand relations in the world. There will be a series of amendments. They just had a record year. The vast majority of sugar moves Well, throughput alone does not tell I offered amendments dealing with the under contract in the world. So that you what the refiners are experiencing. children of legal immigrants and also dump market and its so-called world You have to look at the difference be- to provide, if we are going to go into tween the raw sugar price and the re- price is not a world price at all, it is a these rather draconian measures in fined sugar price. That will tell you, dump price. That is what people get for cutting off help and assistance to these combined with throughput, how well sugar produced above and beyond their children, to another amendment, which our refiner friends are doing. contractual requirements. If you take has been described in the RECORD ear- What do we find when we look at away the program you are going to get lier today, to help and assist the local that? Well, it is very, very interest- exactly what we saw the last two counties and communities where they ing—very interesting, indeed. This times: Prices skyrocket. So consumers are going to have a particular burden, chart shows from 1990 to 1996 raw sugar are not going to be helped, they are trying to implement the provisions to prices. That is in red. I hope there is going to be hurt. terminate help, assistance to poor chil- nothing in the way of their seeing ex- No. 2, the processors in this country, dren. actly what has happened to raw sugar beet processors and cane processors, I have a fuller explanation on that. I prices. are going to be hurt. I have already will not take the time of the Senate on They have been stable for 10 years. shown all the plants that have closed those measures, which are more fully This awful program that is gouging in 1994, 1995, and 1996. A lot of plants explained in the RECORD earlier today. consumers has provided them with sta- have closed. Only one refiner but a lot I will address the overall issue which is ble prices for 10 years. Name anything of processing plants have closed. So before us, and that is the proposal else that people buy in this country those folks would be hurt. When they placed on the Senate agenda, which we that has been stable for 10 years. Tell are hurt the farmers are hurt because will vote on tomorrow, under the title me one thing that has been stable for the farmers are directly tied with those of the welfare reform. 10 years. But sugar prices, raw sugar processing facilities. All of a sudden, if Mr. President, in putting forward prices have been stable. I wish I could you yank out from U.S. producers any this legislation, I believe the Repub- say the same thing for refined sugar support, what you have done is lican majority is asking us to codify because refined sugar, you can see, changed the balance of power in these extremism and call it virtue. Their starting in 1995, took off like a scalded world markets. plan will condemn millions of Amer- cat. Refined sugar prices jumped, and Who have you helped? You have ican children to poverty as the price jumped dramatically at the same time helped our foreign competitors. The for the misguided Republican revolu- raw sugar prices were falling. Raw Gregg amendment is great if you rep- tion. If children could vote, this Repub- sugar prices were falling; refined sugar resent a foreign country and you lican plan to slash welfare would be as prices were skyrocketing. I have al- produce sugar. They would look for- dead as the Republican plan to slash ready shown you the record throughput ward to the day the United States pulls Medicare. In fact, the driving force be- for refiners in 1995–96. And yet what we the plug on its producers and its proc- hind this attack on children is not wel- have before us is a refiners benefit bill. essors. They are just waiting for the fare reform at all. It is the desperate That is the Gregg amendment. opportunity to come in and take over Republican need to find some way, any Why should we be passing a refiners this industry, take the jobs, take the way, to pay for their tax breaks for benefit bill when they have just had economic growth, and take the eco- wealthy. the biggest throughput in their history nomic opportunity. Honest welfare reform is long over- and, No. 2, the best margins—the best American farmers who produce sugar due. The current system is broken. margins—that you can find in the last are the most efficient in the world. We Major change is needed. I support hon- 10 years? are ready to compete head to head with est reforms that end welfare as a way S8452 CONGRESSIONAL RECORD — SENATE July 22, 1996 of life and make it a waystation to has merit in important respects, it would be will seek similar license. The poor will lose work. But honest reform does not a mistake for the president and Congress to their safety net by degrees as surely as if produce anywhere near the massive embrace comprehensive legislation or re- Congress and the president repealed it all at savings needed to pay for the Repub- quests from individual states, even my own, once. Such an outcome would be a tragedy that withdraw this guarantee. for the poor and a moral blemish on the lican tax breaks. Child care costs Catholic social teaching holds that the earth’s most affluent society. money. Job training and education poor, especially children, have a moral claim One can appreciate the burden of difficult cost money. And our Republican on the resources of the community to secure choices in an election year. friends have absolutely no interest in the necessities of life. For more than 60 Nonetheless, the short-term political out- real reform if it costs money. years, our society has recognized this claim look of the candidate must not cloud the The proposal before us is not welfare with a covenant that ensures a minimal level moral vision of the leader. America’s 60-year of assistance for food, clothing and shelter to covenant with its poor children and those reform. It is nothing more than legisla- who nurture them must remain unbroken. tive snake oil, and it is the wrong med- poor children and their families. Millions of children have relied on that covenant since Mr. KENNEDY. Mr. President, let me icine for what ails us as a Nation. Real the 1930s. In Wisconsin, more than 120,000 just mention a few points: welfare reform is about protecting chil- children rely on Aid to Families With De- For more than 60 years, our society dren and putting people to work, not pendent Children (AFDC) today. has recognized this claim with a cov- putting on a show. But that is what People of goodwill can argue over the need enant that ensures a minimal level of this is—theater, pure and simple; a to modify AFDC so it better serves that pur- pose. But it is patently unjust for a society assistance for food, clothing, and shel- glaring and callous example of just how ter for poor children and their families. low the Republican majority will go, as affluent as ours to nullify that covenant. Unfortunately, as enacted, the Wisconsin Millions of children have relied on that even if it comes at the expense of mil- Works program does just that. The enabling covenant since the 1930’s. In Wisconsin, lions of American children. statute for the W–2 proposal specifically more than 120,000 children rely on aid For the Republican majority, this states no one is entitled to W–2 services, to families with dependent children bill may be child’s play, but they are even who are eligible to receive them. today. It is one thing to change the rules of the playing with real children’s lives and People of good will can argue over the need welfare system. It is quite another thing to real children’s futures. This bad bill is to modify AFDC so it better serves that pur- say, ‘‘Even if you play by the new rules, soci- Robin Hood in reverse, robbing poor pose. But it is patently unjust for a society ety will not help you.’’ This is not welfare children to pay for tax breaks for rich as affluent as ours to nullify that covenant. reform but welfare repeal. Such a message Republicans. may be politically attractive in this election And that is what this measure does. Since the Republican takeover of year; it is not morally justifiable. In the first place, the children of the poor Congress, our colleagues have brought Even if one accepts the premise that the did not choose their families. We should not us many poison pills wrapped in the W–2 program offers poor families help in re- afflict these children with hunger in order to rhetoric of reform. But this may well turn for work, this premise collapses if the infuse their parents with virtue. be the most cruel and extreme measure help is not provided. The president and Con- And then he continues: of the entire Republican revolution— gress must insist that W–2, indeed any wel- Even in States like Wisconsin which enjoy because it inflicts so much harm on so fare reform proposal, serve all who are eligi- healthy economies and relatively low unem- ble. ployment, not all who want to work can earn many children. In fact, it pushes back Critics of the welfare system allege that 60 years of social progress. a family wage. So long as this is the case, it public assistance undermines personal re- is unwise and unjust for the Federal Govern- In 1935, Congress made a bold pledge sponsibility. This generalizes about poor ment to abandon its commitment to the to the elderly and the children of our families when we should strive to take a poor. Our covenant with the needy children communities that this rich Nation more personal view. must remain the responsibility of the entire would not let them sink into poverty. In the first place, the children of the poor American family. It was a sign of what we stood for as a did not choose their families. We should not afflict these children with hunger in order to And the last full paragraph: nation. Republicans may consider de- infuse their parents with virtue. One can appreciate the burden of difficult stroying this covenant as a virtue—but Additionally, we cannot judge a person’s choices in an election year. Nonetheless, the Bishop Weakland of Milwaukee has failure to work in isolation from larger short-term political outlook of the candidate called it ‘‘a moral blemish on the forces. My experience from our work with must not cloud the moral vision of the lead- Earth’s most affluent society.’’ I could the U.S. bishops’ pastoral letter on economic er. America’s 60-year-old covenant with its not agree more. justice impressed on me the truth that poor poor children and those who nurture them must remain unbroken. I ask unanimous consent to have the families are especially vulnerable to eco- Bishop’s full statement printed in the nomic downturns triggered by national or Mr. President, I divert for a moment international events. to two other articles that have been RECORD. Nor can prosperous states ensure full em- There being no objection, the state- quoted to some extent during the ployment. Even in states, like Wisconsin, course of the debate on this welfare re- ment was ordered to be printed in the that enjoy healthy economies and relatively form: George Will’s article about RECORD, as follows: low employment, not all who want to work ‘‘Women and Children First?’’ I quote a [From the Washington Post, July 4, 1996] can earn a family wage. So long as this is the case, it is unwise and unjust for the federal paragraph: WISCONSIN WORKS: BREAKING A COVENANT government to abandon its commitment to Furthermore, there is hardly an individual (By Rembert G. Weakland, OSB) the poor. Our covenant with needy children or industry in America that is not in some Catholics in Wisconsin have been in the must remain the responsibility of the entire sense ‘‘in the wagon,’’ receiving some Fed- trenches serving the needy since the Daugh- American family. eral subvention. If everyone gets out, the ters of Charity began their work with the Moreover, this critique of welfare ignores wagon may rocket along. But no one is pro- poor of Milwaukee in 1843. I and my family the fact that rights and responsibilities are posing that. Instead, welfare reform may relied on welfare to survive in the 1930s. So not mutually exclusive but complementary. give a whole new meaning to the phrase it comes naturally for me to consider the im- In the context of welfare policy, a right to ‘‘women and children first.’’ plications of Wisconsin’s proposal for welfare work is grounded in a responsibility to sup- Effectively, what is included in this, reform, known as Wisconsin Works or ‘‘W–2.’’ port a family. This is relevant when assess- women and children first, they are the Certainly the Catholic bishops and others ing another aspect of W–2. ones whose interests end up on the in the church who grapple with the needs of According to our state’s own projections, the poor agree that the current welfare sys- 75 percent of the families now on AFDC will chopping blocks. When most think of tem is in need of major reform. Both the U.S. be assigned to W–2 work slots that provide the women and children first, every Catholic Conference and the Wisconsin less than a full-time worker earns at the young student who has read through Catholic Conference have said so. Both have minimum wage. Accordingly, the respon- history probably thinks of the Titanic, challenged the status quo. Both have offered sibility of these parents to care for their where women and children were first. constructive proposals for helping the poor children must be supported when necessary Mr. Will’s excellent article and com- more effectively. by a safety net adequate to meet the fami- mentary on this welfare debate sug- Yet as I reflect on the W–2 proposal in ly’s basic needs. light of my experience and the tenets of Finally, the president and Congress must gests, I believe, that the women and Catholic social teaching, I remain convinced recognize that they cannot repeal the assur- children first will have an entirely new of the need for the community to guarantee ance of public assistance in Wisconsin with- and different meaning. a ‘‘safety net’’ for the poor, especially chil- out making it a national policy. Once such a Then today there is in the New York dren. Accordingly, though the W–2 proposal repeal is granted to a single state, others Times an article by David Ellwood, July 22, 1996 CONGRESSIONAL RECORD — SENATE S8453 who has been a very thoughtful both ure are deadly: Close to $60 billion in would have coverage under this pro- commentator and policymaker on the harsh, extreme, and unjustifiable cuts gram. They will not get the prenatal issues of welfare reform and has writ- over the next 6 years. care they need. Adolescents will not ten extensively about it. Those who The reality is that this Nation’s safe- get the help to avoid pregnancy and have had the opportunity to hear him ty net is fragile and fraying. The Re- stay in school. Injuries and preventable or listen to him testify can attest to publican response is to rip even more illnesses will now become life-threaten- his strong commitment to altering and holes in the safety net and require mil- ing, for example, when they could have changing the current system and try- lions more children to fend for them- been easily treated. Sick children can’t ing to find ways to do it effectively, selves. No terrorist could possibly do so learn, and sick parents can’t work. and also to protect the interests of the much harm to our country. Children with disabilities are also at- most vulnerable in our society. Nearly half of the Republican savings tacked under the proposal. Mr. Presi- He points out in his excellent article are from the Food Stamp Program—$28 dent, 300,000 children with serious dis- in the Times today, Monday, July 22, billion in cuts, affecting 14 million abilities—mental retardation, tuber- ‘‘Welfare Reform in Name Only’’: children. By the year 2002, the Repub- culosis, autism, head injuries, arthri- States would get block grants to use for lican proposal would provide poor chil- tis—would lose the direct guaranteed welfare and work programs. But the grants dren in America only 65 cents a meal, assistance that they have under the for child care, job training, workfare, cash just about enough to buy a soft drink. Supplemental Security Income Pro- assistance combined would amount to less We know that hungry children are gram. than $15 per poor child per week in poor more susceptible to sickness and early When Democratic Senators proposed Southern States, like Mississippi and Arkan- death. We know that malnutrition re- that States be required, or at least sas. Moving people from welfare to work is tards growth and delays brain develop- given the option, of offering vouchers hard. On $15 a week—whom are we kidding? ment. after the time limit to provide children As the article points out, on $15 a We just had, a year ago, the publica- with necessities, such as diapers, week, you are talking about providing tion of the Carnegie Commission talk- clothes, cribs, medicine and school sup- the basic elements of life: roof over the ing about what happens to a child’s plies, the Republicans said a resound- head of the child, clothes for the child, brain during the early formative years ing no. Why? Because ‘‘enough is food for the child, as well as for the unless there is sufficient nutrition ben- enough,’’ they say. ‘‘It’s time to go training of the child, child care for the efits to that child. It slows their whole cold turkey,’’ they say, even if this bill child—for $15 a week. We see other ex- ability to achieve academically and is the real turkey. amples. emotionally, and it works to their Enough is enough. Enough of the Instead of 88 cents per meal, it will long-term disadvantage. back-room deals with high-paid cor- be down to 66 cents per meal per child. In short, hungry children can’t learn. porate lobbyists. Enough of disman- Mr. President, $26 billion will be taken They are twice as likely to be absent tling commitments to children and out of nutrition programs for children from school and four times as likely to families who desperately need help. and put on to the other side of the be unable to study. Enough of cruelty called charity. ledger for tax benefits and breaks for The Republican revolution says, ‘‘Let Even when Democrats asked for a wealthy individuals. It makes no sense. them eat cake.’’ I say it’s the wrong look back provision—to provide help if Mr. President, nearly 14 million poor priority for Congress and the wrong the worst predictions materialize and children live in America. Each night, priority for America. this bill actually becomes the disaster 100,000 of them sleep on the streets, Our colleagues attempt to justify we predict for children—the Republican scared and homeless. Their faces are this outrage by claiming food stamps majority said, ‘‘stop overreacting’’. To pressed against the windows of our are fraught with waste, fraud, and them I say, tell that to the countless glitter and affluence, and Congress is abuse, but the Republican plan has vir- families who are looking for a chance about to pull down the shade. tually nothing to do with ending the not a check—a chance for their chil- It may be fashionable in some quar- abuses. That is the interesting point. dren to reach for the American dream. ters these days to demonize families on They make the case we ought to cut Stripped down—this is the Repub- welfare, to pretend that poor people are back this program because there is lican plan they call welfare reform—no lazy and don’t care about their chil- abuse and fraud in these programs. But resources, no guarantees, no vouchers, dren. 70 percent of the cuts come directly at no look back, no regrets. It does not Listen to just one story I heard re- programs aimed at families with chil- get much more extreme than that. As George Will said in his article, cently from a middle-class suburban dren. Only 2 percent of the cuts are woman. She tried hard to keep the aimed at waste, fraud, and abuse. No child in America asked to be here. Each family together, but she finally fled was summoned into existence by the acts of The real fraud, waste, and abuse is adults. And no child is going to be spir- when her husband badly beat her and the scheme to take food from the her son, and smashing a chair over her itually improved by being collateral damage mouths of children in the guise of wel- in a bombardment of severities targeted at son’s head, repeatedly kicking him in fare reform. The Republican plan also adults who may or may not deserve more se- the ribs and in the face. She left every- targets children’s health care. To be vere treatment. thing behind. sure, the Republican leadership bowed The comments I am making this She and her son fled to her parents’ to the inevitable and dropped their dra- evening, Mr. President, are from Mr. home, but the husband found them conian Medicaid provisions from this George Will, David Ellwood, and Biship there. She tried to work, but her hus- bill to avoid a certain Presidential Weakland, who has been one of the band always found her, threatening veto. But this bill still jeopardizes most thoughtful of the bishops in both her and her employers. She and health care for millions of mothers and terms of children’s interests and chil- her son finally took refuge in a shelter. children. dren’s rights. They all have reached With no other choice, she turned to We know under Medicaid, 18 million the same conclusion, Mr. President, AFDC. As she told me: children receive Medicaid and about 75 about this measure in terms of its The support I received from AFDC enabled percent of those children’s parents are harshness and its retreat from a fun- me to get out, move on to heal myself and working—playing by the rules and damental sense of decency and caring my son, and create a new life. It cost the working. Under the program that was for the neediest in our society, and Government a little over $400 a month for 6 proposed, you would have seen any- months—less than the cost of a modest fu- that is poor children in our society. neral. Investing in family safety and support where from 5 to 8 million of those chil- But the Republican majority tells us seems like the kind of investment this coun- dren completely dropped from Medicaid not to worry. They say the welfare try should protect. Cutting off this lifeline if that had moved forward. What we are miracles of Wisconsin and Michigan means that the futures of our children are talking about now is the alleged wel- demonstrate that block grants and definitely at stake. Let me tell you in all se- fare reform provisions. deep cuts really work. But the facts riousness, these cuts are deadly. Women will not get the prenatal care show this is far from the truth. It is true that some cuts never heal, they need under this particular pro- It takes money to reform welfare. In and these cuts, I believe, in this meas- gram. The 4 million women included Wisconsin, after major changes in the S8454 CONGRESSIONAL RECORD — SENATE July 22, 1996 State welfare program, administrative Olympic Games. We justifiably take the Clearwater and Lemhi Valleys costs rose 72 percent. Wisconsin Gov- pride in being the best in a variety of where local landowners appreciate hav- ernor Thompson himself said that for different events. We may well win a fist ing the support to take the initiative welfare reform to be successful, ‘‘It will full of golds in Atlanta, but America is to preserve this important cultural and cost more up front to transfer the wel- not winning any medals when it comes economic resource. Conservation dis- fare system than many expect.’’ to caring for our children. tricts have proven to be a most effec- For welfare reform to succeed, it also The United States has more children tive method to successfully involve all takes jobs. Wisconsin and Michigan living in poverty and spends less of its important local stakeholders in a mu- learned this lesson the hard way. In wealth on children than 16 out of the 18 tually acceptable way. Wisconsin, a trucking company praised industrial countries in the world. The Mr. President, it is my intention to by Governor Thompson and Presi- United States has a larger gap between commit the Senate to exploring in fu- dential candidate Bob Dole for hiring rich and poor children than any other ture legislation the ways in which we welfare recipients, laid off 45 employ- industrial nation in the world. Children might better foster this growing part- ees this week, including the welfare in the United States are 1.6 times more nership. Would the chairman of the workers. It was a business slowdown likely to be poor than Canadian chil- subcommittee agree that this is the they said. dren, 2 times more likely to be poor sort of incentive approach that merits In Michigan, only one-fifth of former than British children, and 3 times more further consideration? general relief recipients have found likely to be poor than French or Ger- Mr. COCHRAN. Mr. President, the jobs. The majority of beneficiaries man children. committee agrees that this is the sort have become even more destitute. When it comes to our children, Amer- of cooperative, incentive-based rela- So it goes when social experiments ica should go for the gold. tionship that should be fostered in go wrong. The Republican majority is Mr. President, not that just assign- order to protect natural resources, as prepared to push welfare families off ing resources, money, on this is nec- is the goal of the Natural Resources the cliff in the hope that they’ll learn essarily the answer to all the problems. to fly. And what happens if they fall? Conservation Service. But it is a pretty good reflection of YELLOWSTAR THISTLE CONTROL Nearly 9 million children, who make up where the Nation’s priorities are. When Mr. KEMPTHORNE. Mr. President, I the majority of AFDC recipients, will the bell tolls tomorrow afternoon on rise to clarify this Congress’ commit- pay the price. Nine million children, that measure that is going to cut back ment to research that will develop con- and the majority of AFDC recipients $27 billion out of children’s feeding pro- trols for noxious weeds that are prob- will pay the price. And as a society, so grams, to move that payment from 88 lems across this country. In particular, will we. cents to 65 cents, that is going to be a This is not just theory—the Congres- I would like to highlight research being really clear indication about where the sional Budget Office agrees. They re- done with the Agricultural Research majority believes this Nation’s prior- cently issued a preliminary assessment Service to control yellowstar thistle. ities are—to use those savings for tax of the Republican legislation. And like Yellowstar thistle is a problem breaks for the wealthy individuals of last year, they said it will not work. across the West. Over 5 million acres this country. That is wrong. We should According to their study, most States across the western United States are all take some time to think about what will not even attempt to implement currently infested with this noxious kind of country we want and about the legislation’s work requirements, weed. Scientists at the University of what we are doing to children, to our- because putting people to work is too Idaho tell me that it costs an average selves and the Nation. Surely we can expensive. In fact, the report says of $1 per acre in lost production and States will fall $13 billion short of the do better than this bad bill. Mr. President, I yield the floor. I see costs to control this weed. It doesn’t mark, and simply throw up their take a rocket scientist to figure out hands. our two floor managers. I appreciate their courtesy. that we’re talking about $5 million lost Nevertheless, the Republicans con- annually across the West. tinue to defy the facts. Mr. COCHRAN addressed the Chair. The PRESIDING OFFICER. The Sen- Mr. CRAIG. Mr. President, I concur We have had, as I mentioned, church with the remarks of Senator leaders, conservative columnists, those ator from Mississippi. f KEMPTHORNE. In addition, I understand who have spoken and written about the that, currently, it is nearly impossible various welfare reform programs with AGRICULTURE, RURAL DEVELOP- to eradicate yellowstar thistle once it extraordinary credibility—the Congres- MENT, FOOD AND DRUG ADMIN- has infected the narrow, arid canyon sional Budget Office taking the par- ISTRATION, AND RELATED lands of the West, and in particular, ticular relevant facts—all reaching the AGENCIES APPROPRIATIONS ACT the canyons of the Clearwater, Snake same conclusion, that this is going to FOR FISCAL YEAR 1997 and Salmon Rivers of my home State. be an extraordinary disaster in its im- Mr. President, it is my understanding pact on poor children. Like last year, The Senate continued with the con- that the research to control this weed they said it will not work. Neverthe- sideration of the bill. is reaching a critical stage, where prac- less, the majority continues to defy the CURRENT EFFORTS TO PROTECT SALMON tical biological controls should be facts. HABITAT They insist that this legislation is Mr. KEMPTHORNE. Mr. President, I available for public use within the next about putting people to work. Trust us, rise to take note and compliment the few years. Is it the intention of this they say. That is not acceptable. Natural Resources Conservation Serv- bill to fund research with direct and As Catholic Charities USA said in a ice’s current efforts to encourage and immediate practical applications for recent letter: ‘‘The welfare proposal re- provide technical assistance to private the agricultural industry? flects ignorance and prejudice far more landowners who have salmon habitat Mr. COCHRAN. The Senator is cor- than the experience of this nation’s on their property. In coordination with rect. poorest working and welfare families.’’ the Northwest Power Planning Coun- Mr. KEMPTHORNE. I also noted that In the final analysis, that is what cil’s plan for fish and wildlife protec- the committee specifically directed the this legislation is about—ignorance tion, and other Federal agencies, the ARS to continue funding the Albany, and prejudice. The American people NRCS is working with conservation CA yellowstar thistle initiative. Is it know that pulling the rug out from districts across Idaho, Oregon and the intention of the committee that under struggling families is wrong. De- Washington to assist local property the ARS continue current yellowstar nying health care for sick or disabled owners on basin-wide and watershed thistle research contracts associated children is wrong. Keeping families specific plans to protect and restore with that program, including the re- trapped in poverty and violence is habitat for dwindling runs for coho search efforts with the University of wrong. Condemning homeless children salmon, steelhead, sea-run cutthroat, Idaho? to cold grates is wrong. and many chinook salmon runs. Mr. COCHRAN. Yes, it is. Perhaps the greatest irony of all is These efforts have been widely popu- Mr. JOHNSTON. Mr. President, I now on display, as America hosts the lar in my home State, in particular in would like to engage in a colloquy with July 22, 1996 CONGRESSIONAL RECORD — SENATE S8455 the distinguished chairman of the sub- port the Wisconsin Integrated cropping always a potential danger. Competitive bid- committee to clarify the intent of lan- systems trial. I would ask the Senator ding will successfully yield high rebates only guage included in the committee re- from Mississippi, the chairman of the to the extent that infant formula manufac- port providing funding for ongoing re- Agriculture Appropriations Sub- turers act independently. Consequently, ef- forts to assure competition in the infant for- search at the Plant Materials Center committee, if he would concur with me mula industry will be an important element [PMC] in Golden Meadow, Louisiana, in on this matter. in State efforts to maximize cost-contain- collaboration with the Crowley Rice Mr. COCHRAN. I would say to the ment savings. (GAO, Infant Formula: Cost Research Station in Crowley, LA; on- Senator from Wisconsin that I agree Containment and Competition in the WIC going research on nutria-resistant with his comments regarding the ARS/ Program, September 1990.) plant varieties; and funding to test ap- IFS funds provided for the Wisconsin- This remedy of awarding contracts plication technologies for recently de- Madison Experiment Station. on a lowest net wholesale price would veloped artificial seed for cord grass Mr. LEAHY. More than $1 billion a help avert the loss of hundreds of mil- used to prevent coastal erosion. It is year in Federal funds is saved by WIC lions of dollars in cost containment my understanding that it was the com- infant formula cost containment allow- savings and thereby prevent hundreds mittee’s intent, in the committee re- ing over 1.6 million more women, in- of thousands of women and children port, to continue the work at the Gold- fants and children to receive WIC bene- from being dropped from the program. en Meadow Plant Materials Center, in fits than would otherwise have been Nearly one of every four WIC partici- collaboration with the Crowley Rice the case. One of the most important pants is served with cost containment Research Station, on smooth cord factors in the success of the WIC cost savings—and would have to be removed grass at the fiscal year 1996 level. In containment is competition. Until re- from the program if cost containment addition, work underway at Crowley on cently there were four infant formula collapses. the development of nutria-resistant manufacturers in the United States. In The Senate, unlike the House, has materials would also continue at the January, one of the four, Wyeth Lab- managed to correct this problem in the fiscal year 1996 level. Finally, it is also oratories announced its withdrawal Agriculture appropriations bill. There- my understanding that the $100,000 from the domestic market. Now, fore, in conference, it is imperative mentioned in the committee report to alarmingly, a move is beginning among that the Senate language on WIC cost test application technologies for States to alter their competitive bid- containment prevail. smooth cord grass seed would be in ad- ding procedures in a way that restricts Mr. JEFFORDS. Mr. President, I rise dition to the funding provided to main- competition and makes it impossible today to highlight a provision in the tain this ongoing work. Is that the for Carnation to compete. If this third agriculture appropriations bill that I chairman’s understanding as well? small company, Carnation, can’t com- think makes an important improve- Mr. COCHRAN. I appreciate the ques- pete, it ultimately could follow Wyeth ment to the WIC Program. I want to tions of the distinguished Senator from out of the market. If that occurs, only highlight the importance of this provi- Louisiana, and I am happy to provide the two largest manufacturers, Ross sion with hope that we can maintain it further clarification. The Senator is and Mead Johnson will remain, and the in the conference committee. correct in his description of the com- prospects for sustaining large savings The WIC infant formula cost contain- mittee’s intent in its report accom- will be bleak. Without a third company ment program saves more than $1 bil- panying the bill. seeking to increase market share by lion a year in Federal funds and allows Mr. JOHNSTON. I appreciate this winning WIC contracts, cost contain- over 1.6 million more women, infants, clarification. ment is not sustainable. and children to be served through WIC ARS FUNDING FOR INTEGRATED LOW-INPUT CROP In the past, States typically have each month than would otherwise be AND LIVESTOCK PRODUCTION SYSTEMS AT UNI- awarded their WIC contract to the the case. Nearly one of every four WIC VERSITY OF WISCONSIN-MADISON company whose net wholesale price— participants is served with cost con- Mr. KOHL. Mr. President, I am the wholesale price minus the rebate tainment savings and would have to be pleased that funding is provided per can the company offers to pay the removed from the program if cost con- through this bill for the ARS Inte- state WIC Program—is the lowest. But tainment collapsed. grated Farming Systems Program, to recently, a few states instead awarded There is a danger now developing pursue long-term research on farming their contracts to the company that of- that threatens to undermine WIC cost systems that integrate livestock and fered the highest rebate per can, re- containment and we need Federal ac- resource enhancing crop rotations—all gardless of the company’s wholesale tion to counteract this development. In aimed at answering farmers urgent price. the past, States typically awarded questions of how to be profitable and There is one circumstance where a their WIC contract to the company farm in environmentally responsible State may have a legitimate case for whose net wholesale price is the low- ways. This new initiative, as requested awarding a WIC contract on the basis est. The net wholesale price represents by the President’s fiscal year 1997 of the highest rebate rather than on the wholesale price of the product budget, recognizes expertise in the the basis of the lowest net wholesale minus the rebate per can the manufac- farming community by building re- price. This occurs in States where re- turer will pay the State WIC program. search partnership teams with State tailers charge about the same price for Recently, though, States have begun to researchers, extension agents, farmers, all formula brands and take a much award their WIC contracts to the com- and nongovernmental organizations. larger mark-up for Carnation products pany that offered the highest rebate In this regard, Wisconsin has a na- than for those of the other companies. per can, regardless of the company’s tionally recognized program, the Wis- This problem can be readily ad- wholesale price. A provision contained consin Integrated cropping systems dressed by directing States to award in this bill requires that States award trial, with long-term research trials contracts on the basis of the lowest net contracts on the basis of the lowest net and an excellent team of farmers, re- wholesale price—as most States cur- wholesale price—as most States cur- searchers, extension and nongovern- rently do—rather than on the basis of rently do—rather than on the basis of mental groups collaborating to address the biggest rebate, except where the the biggest rebate. An exception would questions that go right to the heart of State has reliable data showing that exist if the State has reliable data the future of farming in the Midwest. retail prices for different formula showing that it makes no difference in As specified in the committee report brands are similar in the State. In any the cost outcome whether the contract accompanying this bill, $500,000 has State where this is the case, the State is awarded on the basis of rebate or net been included in this bill to support re- would retain full flexibility as to the wholesale price. search through the ARS/IFS Program basis on which to award its contract. Let me take a few moments to de- into integrated low-input crop and live- In 1990, the GAO wrote: scribe to my colleagues the flaws of the stock production systems, to be carried Because only three firms are responsible rebate methodology. This methodology out at the Wisconsin-Madison Experi- for almost all domestic infant formula pro- is faulty for two reasons: ment Station. It is my intent and un- duction, coordination of pricing and market- First, it discriminates against a com- derstanding that this funding is to sup- ing strategies between the manufacturers is pany that charges low wholesale prices. S8456 CONGRESSIONAL RECORD — SENATE July 22, 1996 An industry heavyweight can sell the ‘‘This Act may be cited as the ‘Agri- excess of 130,000 acres in the fiscal year 1997 product for, say $2.50 per can and then culture, Rural Development, Food and Drug wetlands reserve program, as authorized by give the State a rebate of $2.00 per can Administration, and Related Agencies Ap- 16 U.S.C. 3837: Provided, That additional acre- of formula. Under that scenario, the propriations Act, 1997’.’’ age may be enrolled in the program to the extent that non-federal funds available to net wholesale price to the program is AMENDMENT NO. 4973 the Secretary are used to fully compensate 50 cents per can of infant formula. A (Purpose: To appropriate funds for rural for the cost of additional enrollments: Pro- smaller company, on the other hand, water and waste systems as authorized by vided further, That the condition on enroll- may not be able to demand as high a Sec. 757 of Public Law 104–127) ments provided in section 1237(b)(2)(B) of the retail price and they may charge only On page 47, line 17, before the period add Food Security Act of 1985, as amended (16 $1.95 per can of formula. At a $1.95 re- the following: ‘‘: Provided further, That of the U.S.C. 3837(b)(2)(B)), shall be deemed met tail, the smaller company can’t begin total amount appropriated, not to exceed upon the enrollment of 43,333 acres through to compete on the basis of rebate, $10,000,000 shall be for water and waste dis- the use of temporary easements: Provided further, That the Secretary shall not enroll they’d be losing money on every can of posal systems pursuant to section 757 of Pub- lic Law 104–127’’. acres in the wetlands reserve program formula. What the company could do is through the use of new permanent easements offer a rebate of $1.50, setting the net in fiscal year 1998 until the Secretary has en- AMENDMENT NO. 4974 wholesale price at 45 cents per can. Ul- rolled at least 31,667 acres in the program timately the smaller company will On page 24, line 16, before the ‘‘:’’ insert the through the use of temporary easements’’. following: ‘‘: Provided further, That not to ex- save the WIC Program a lot of money. ceed $1,500,000 of this appropriation shall be Mr. BUMPERS. Mr. President, I urge But they will never have the oppor- made available to establish a joint FSIS/ the adoption of the amendment. tunity to do so if the only thing the APHIS National Farm Animal Identification The PRESIDING OFFICER. The State looks to is the rebate amount. Pilot Program for dairy cows’’. question is on agreeing to the amend- The second problem with this con- The PRESIDING OFFICER. Is there ment. tract methodology is apparent in the objection? The amendment (No. 4975) was agreed scenario I’ve just described. Not only Mr. BUMPERS. Mr. President, I am to. does the highest rebate methodology constrained on behalf of a Member on AMENDMENT NO. 4976 discriminate against small companies, our side to object to the Murkowski (Purpose: To increase funding for certain ag- it could cost the WIC Program up to $1 amendment. riculture research activities, with an off- set.) billion a year. The PRESIDING OFFICER. Objec- Mr. BUMPERS. Mr. President, I send Approaching WIC infant formula con- tion is heard on the Murkowski amend- an amendment to the desk on behalf of tracts on the basis of who offers the ment. Senator KOHL dealing with special re- highest rebate just doesn’t make sense. Mr. BUMPERS. The remainder are search grants which I think has been We know from experience that a truly cleared on this side. competitive bidding process will save The question is on agreeing to the cleared on the other side. The PRESIDING OFFICER. The the WIC program more than $1 billion a amendments numbered 4972, 4973, and clerk will report. year. 4974 en bloc. I’ll close by thanking Senator COCH- The assistant legislative clerk read The amendments (Nos. 4972 through as follows: RAN and Senator HATFIELD for includ- 4974) were agreed to en bloc. The Senator from Arkansas [Mr. BUMP- ing this cost containment measure in Mr. COCHRAN. I move to reconsider the Agriculture Appropriations bill ERS], for Mr. KOHL, proposes an amendment the vote by which the amendments numbered 4976. we’re now discussing, and I urge my were agreed to. colleagues serving on the conference Mr. BUMPERS. Mr. President, I ask Mr. BUMPERS. I move to lay that unanimous consent that reading of the committee to support this provision in motion on the table. the conference bill. amendment be dispensed. The motion to lay on the table was The PRESIDING OFFICER. Without AMENDMENTS NOS. 4972 THROUGH 4974, EN BLOC agreed to. objection, it is so ordered. Mr. COCHRAN. Mr. President, there Mr. BUMPERS addressed the Chair. The amendment is as follows: are a few amendments which I am The PRESIDING OFFICER. The Sen- On page 12, line 25, strike ‘‘$46,018,000’’ and going to send to the desk and ask that ator from Arkansas. insert ‘‘$46,330,000’’. they be considered en bloc and ap- AMENDMENT NO. 4975 On page 14, line 10, strike ‘‘$418,308,000’’ and proved en bloc. All have been cleared. Mr. BUMPERS. Mr. President, I send insert ‘‘$418,620,000’’. On page 21, line 4, strike ‘‘$47,829,000’’ and The first is an amendment making an amendment to the desk on behalf of technical corrections to the bill by insert ‘‘$47,517,000’’. myself and Mr. KOHL, which I think has Mr. KOHL. Mr. President, I am Senator COCHRAN. The second is an been cleared on the other side, dealing pleased that the managers of the bill amendment by Senator STEVENS deal- with the Wetland Reserve Program are willing to accept my amendment to ing with appropriated funds for rural which would allow additional wetland correct a problem that has arisen with water and waste systems, the third is reserve acreage to be added to the pro- regard to special research grants sec- an amendment for Senator MURKOWSKI gram as long as non-Federal funds were tion of the Agriculture appropriations concerning seafood inspection require- used. I ask that it be reported. ments, and the fourth is an amendment The PRESIDING OFFICER. The bill. Specifically, when the Agriculture by Senator JEFFORDS dealing with the clerk will report. Appropriations Subcommittee re- FSIS/APHIS accounts or the National The assistant legislative clerk read quested information from USDA/ Farm Animal Identification Pilot Pro- as follows: gram. CSREES regarding special research Mr. President, I ask unanimous con- The Senator from Arkansas [Mr. BUMPERS] grant projects, the Babcock Institute for himself and Mr. KOHL, proposes amend- sent that those amendments be consid- ment numbered 4975. for International Dairy Research and ered en bloc and agreed to en bloc. Development at the University of Wis- The PRESIDING OFFICER. The Mr. BUMPERS. Mr. President, I ask consin-Madison, was mistakenly listed clerk will report. unanimous consent that further read- as one of the several projects slated for The assistant legislative clerk read ing of the amendment be dispensed completion at the end of fiscal year as follows: with. 1996. Unfortunately, that information The PRESIDING OFFICER. Without The Senator from Mississippi [Mr. COCH- was not accurate. However, this error objection, it is so ordered. RAN] proposes amendments numbered 4972 was not noticed until after the com- The amendment is as follows: through 4974, en bloc. mittee had acted on the bill, and fund- The amendments (Nos. 4972 through On page 71, strike all after line 22 through ing for the Babcock Institute was omit- 4974) en bloc, are as follows: page 72, line 2 and insert in lieu thereof the following: ted from the Committee Report en- AMENDMENT NO. 4972 ‘‘SEC. 721. None of the funds appropriated tirely. (Purpose: To make technical corrections to or otherwise made available by this Act, or Therefore, my amendment will sim- the bill) made available through the Commodity ply restore funding for the Babcock In- On page 81, after line 8, add the following: Credit Corporation, shall be used to enroll in stitute in the CSREES special grant July 22, 1996 CONGRESSIONAL RECORD — SENATE S8457 section of the bill. The funding pro- regulation, called the Medguide regula- cery stores, there is no guarantee that vided is $312,000, the same as provided tion, to ensure that patients get ade- we will get the same kind of informa- in fiscal year 1996. quate information when they buy a tion when the prescription is filled. The importance of the research con- prescription. Current laws require more information ducted by the Babcock Institute has The FDA’s efforts to ensure that the about breakfast cereals than dangerous never been more important than it is American consumer gets good informa- prescription drugs. today. The domestic market for many tion when they buy prescription drugs The costs of this lack of information U.S. dairy products will grow less rap- have been under attack by a consor- are high. Mr. President, 30 to 50 per- idly in the future as the population tium of pharmacists and other busi- cent of adult patients do not use their ages and consumption patterns change. nesses who claim they are already medications properly, and lack of in- Further, the dairy provisions of the doing an effective job of getting infor- formation is one of the primary rea- 1996 farm bill also signal the need for mation to consumers without Govern- sons. In children, noncompliance ex- dairy farmers to look more toward ment regulation. ceeds 50 percent. In the elderly, who international markets for their liveli- The facts are to the contrary. For ex- rely most heavily on medication, non- hoods. International markets for dairy ample, in 1992, FDA required a boxed compliance is often higher. products are changing in ways that warning—the most serious kind of If patients do not take medication crate opportunities for U.S. dairy farm- warning—on labeling for Seldane and properly, they are poorly served by ers, as well as dairy exporters. But Hismanal, two of the most popular their health care system. The public along with these developments come antihistamines for allergies. When health is put at risk if unsecured infec- many research questions, related to taken in association with certain anti- tions are transmitted and resistant in- how foreign competitors operate, and biotics and antifungals, there have fections develop. the risks associated with export mar- been deaths and serious cardiovascular The cost of misuse of prescription kets. Through its research on many of events. drugs and adverse reactions to drugs is these topics, the Babcock Institute will These same warnings also appeared estimated at $20 billion a year in the continue to play an important role for in the FDA-approved consumer adver- elderly alone. Industry’s own estimates the U.S. dairy industry as it seeks to tising and magazines such as People, place the indirect costs at five times turn its attention more toward inter- Time, and Newsweek. These warnings higher—$100 billion a year when lost national markets. about taking these drugs in combina- productivity and reduced quality of life Again, I thank the managers for tion did not appear on the information are included. their support of this amendment, and sheets that pharmacists gave to con- To avoid further tragedies and lower look forward to working with them to sumers—information that was written costs, the proposed Medguide regula- retain funding for this valuable pro- after these warnings went into effect. tions would establish concrete goals for gram in conference. In fact, consumers were given better industries to meet. By the year 2000, Mr. BUMPERS. Mr. President, I urge information in magazine ads than they FDA seeks to ensure that at least 75 the adoption of the amendment. were given by the pharmacists who dis- percent of patients with new prescrip- The PRESIDING OFFICER. The pensed their prescriptions. tions would obtain adequate, useful, question is on agreeing to the amend- Even today, after concerted efforts to easily understood written information. ment. educate physicians and pharmacists By the year 2006, 95 percent of patients The amendment (No. 4976) was agreed about the dangers of prescribing with new prescriptions would receive to. Seldane with certain antibiotics, 2.5 this information. That is a goal by the Mr. KENNEDY. Mr. President, if I percent are coprescriptions written in year 2000, that 75 percent would receive could speak very briefly about a par- conjunction with one of those anti- adequate information; and 95 percent ticular provision in the legislation biotics, erythromycin. As a result, tens by the year 2006. It does not seem to me which is a matter of some concern. I do of thousands of patients are presently to be enormously prohibitive. not intend to take time this evening at risk. Working with drug companies, phar- nor do I intend to delay consideration, FDA’s concerns are not speculative. macists, physicians and consumers, but I would like to bring to the atten- A 29-year-old woman taking Seldane FDA plans to establish nonbinding tion one of the provisions that has been died because she was not warned about guidelines on such information. These included here that I think the Members the risk of taking it with an guidelines will help pharmacies ensure should have at least some awareness of. antifungal. If she had been warned of that the written information they give The PRESIDING OFFICER. The Sen- this possibility of a fatal interaction out is adequate. ator from Massachusetts is recognized. she might be alive today. If the goals set out in the proposed MEDGUIDE REGULATIONS Leaving out critical warnings is un- regulation are not met, FDA would ei- Mr. KENNEDY. Mr. President, I want acceptable. In these types of life-and- ther institute a mandatory program or to draw attention to provisions in the death cases, FDA oversight is clearly seek public comment on what steps to appropriation bill that deal with a warranted. The health and the lives of take next. matter of priority for the FDA, and too many patients is at stake. This approach is reasonable. It gives that is on the proposed Medguide regu- FDA has rightfully decided that con- the private sector the opportunity to lations which would establish goals for sumers deserve more protection than achieve compliance without regulatory industries to meet on the issues of pre- the status quo. The Medguide regula- requirements over the next 4 years. Yet scription drugs. I just want to speak tion is intended to correct this gross industry still objects. It claims that for a few moments on this issue this deficiency in our consumer protection neither the Medguide regulation, nor evening, then indicate to the managers laws. any binding requirements are nec- some alternatives that we are thinking Today, we go into a supermarket to essary. Clearly, if the industry meets about and want to talk over with the buy a loaf of bread, a carton of milk, or the health goals by the year 2000, no managers again tomorrow. a box of cereal, and we know there is binding requirements would be im- This appropriation bill contains an complete nutritional information on posed. These goals were established in unwarranted provision that will under- the package. When we buy an over-the- a bipartisan fashion during the Bush mine the Food and Drug Administra- counter drug like aspirin or Tylenol in Administration. They should be hon- tion’s efforts to prevent adverse reac- the same grocery store, FDA regula- ored by Congress today. The guidelines tions that cost the American economy tions require the drugs to have com- that have been established were estab- an estimated $100 billion a year in di- plete information so that those who lished under the Republican adminis- rect and indirect costs. That cost is as take the pills understand what they tration with the support of the indus- much as, if not more, than the country are doing, how to take it, the side ef- try at that particular time. spends on prescription drugs in the fects to watch out for, what foods or The industry has already failed to de- first place. drugs it interacts with. liver on its promise of voluntary ac- The provision would forbid the FDA But, if we buy a prescription drug in tion. In 1982, a regulation mandating from going forward with a proposed the pharmacy or one of these same gro- that information be given to patients S8458 CONGRESSIONAL RECORD — SENATE July 22, 1996 when they buy new prescriptions was Mr. BRYAN. Mr. President, I ask of the total funds allocated for brand- withdrawn, because the private sector unanimous consent that the pending name promotions during the 8-year pe- promised it can do better without regu- amendment be laid aside. riod. In fiscal year 1995, 49 foreign- lations. The PRESIDING OFFICER. Without based firms received MPP funds; in fis- This whole proposal that is out there objection, it is so ordered. cal year 1994 over 110 foreign firms re- builds on a long history of relationship AMENDMENT NO. 4977 ceived MPP funds from the U.S. Treas- between the agency and the industries (Purpose: To limit funding for the market ury. I found this to be unfathomable, which are affected, and an agreement access program) and I offered an amendment to remedy had been worked out. Now there is an Mr. BRYAN. Mr. President, I send an this to the 1996 farm bill. My amend- attempt to circumvent that agreement amendment to the desk and ask for its ment passed, and I am pleased to say to the disadvantage of consumers. immediate consideration. that MAP money can no longer be FDA then monitored the industry’s The PRESIDING OFFICER. The given to foreign corporations. efforts of 1982, and found that few pa- clerk will report. Still, many problems exist with the tients were getting information, and The assistant legislative clerk read MAP program: much of the information was not ade- as follows: First, wasted dollars: There is still quate, and that failure led to the rule- The Senator from Nevada [Mr. BRYAN], for no proof that MAP funds are not sim- making that the industry is now trying himself, Mr. KERRY, and Mr. GREGG, proposes ply replacing funds that would have to avoid. an amendment numbered 4977. been spent anyway on advertising. The provision in the appropriation Mr. BRYAN. Mr. President, I ask USDA does not have any good data on bill states that if the private sector de- unanimous consent that reading of the this phenomenon. Commercial firms velops a plan within 120 days of enact- amendment be dispensed with. still have the opportunity to substitute ment, FDA’s rulemaking is suspended. The PRESIDING OFFICER. Without MAP funds for promotional activities We understand that now. The provision objection, it is so ordered. they would have otherwise undertaken in the appropriation bill states if the The amendment is as follows: with their own funds. private sector develops a plan within At the end of the bill, add the following: Second, graduation: Current regula- 120 days of enactment, FDA’s rule- SEC. . FUNDING LIMITATIONS FOR MARKET AC- tions require MAP assistance to cease making is suspended. However, the CESS PROGRAM. after 5 years. However, the 5-year clock Secretary of HHS and the commis- None of the funds made available under started running in 1994. This means sioner cannot review the voluntary this Act may be used to carry out the mar- that some companies will have been in program to determine if it is, in fact, ket access program pursuant to section 203 the program for 13 years at the end of of the Agricultural Trade Act of 1978 (7 adequate. The only action that HHS or U.S.C. 5623) if the aggregate amount of funds 1999. Thirteen years is enough time to FDA is allowed to take is to order the and value of commodities under the program overcome barriers and develop mar- plan to see if it meets the goals set by exceeds $70,000,000. kets. Already, 136 firms have partici- the industry. So this is an industry Mr. BRYAN. Mr. President, this pated in this program for 6 to 8 years plan. They could develop it within 120 amendment is regarding the Market and have received the bulk of the days. The FDA is prohibited from pro- Access Program. The Market Access brand-name funds. tecting consumers. The only ability Program, or MAP, was created to en- Third, efficiency: GAO states that FDA has is eventually auditing the in- courage the development, mainte- taxpayers do not have reasonable as- dustry program to find out if there has nance, and expansion of exports of U.S. surance that the considerable public been compliance with the industry pro- agricultural products. MAP is the suc- funds expended on export promotion gram. cessor to the Market Promotion Pro- are being effectively used to emphasize Mr. President, this is on an issue of gram [MPP], which in turn was the sectors and programs with the highest such vital importance to the consum- successor to the Targeted Export As- potential returns. MAP supporters use ers. We have a solid record in our com- sistance Program [TEA], established in examples of increased exports to defend mittee on adverse drug reactions and 1986. TEA was originally created to this program. However, even if a brand- on what the industry has been willing ‘‘counter or offset the adverse effect of name promotion effort results in iden- to do, what they have not done, and subsidies, import quotas, or other un- tifiable increases in exports, unless the what we have reviewed in our commit- fair trade practices of foreign competi- Foreign Agriculture Service [FAS] can tee and is a part of the FDA reform tors on U.S. agriculture exports.’’ convincingly demonstrate that the pro- program, which the leader indicated Since 1986, over $1.43 billion has been motion effort would not have been un- they are going to call up. But we have spent for TEA, MPP and now MAP. dertaken without MAP assistance, just heard about this proposal in the MAP is operated through about 64 or- those increases in exports cannot be at- last several hours. The bill further ganizations that either run market tributed to the program. hamstrings FDA by precluding activi- promotion programs themselves or Since 1986 there have been over 100 ties such as guidelines that might as- pass the funds along to companies to participants in the program, and yet sist the private sector. spend on their own market promotion the Foreign Agriculture Service has This provision is an abdication of efforts. In fiscal year 1994, about 43 per- completed only 12 program evalua- Congress’ responsibility to protect the cent of all program activities involved tions. Only 9 of 26 participants who public health. Instead of responsible generic promotions while 57 percent in- have received over $10 million have action by the FDA, an industry with an volved branded promotions. been evaluated. unsatisfactory track record is per- The General Accounting Office [GAO] Fourth, U.S. content: MAP regula- mitted to regulate itself without any has pointed out that the entire Federal tions issued in August 1991 do not re- FDA oversight of their program. That Government spends about $3.5 billion strict program participation to prod- is inadequate. annually on export promotion. While ucts that have 100 percent U.S. con- Mr. President, tomorrow, I will have agricultural products account for only tent. Regulations permit full funding an amendment to address that particu- 10 percent of total U.S. exports, the De- for products that have at least 50 per- lar issue. I will consult with the floor partment of Agriculture spends about cent U.S. content by weight. managers to find out about whether $2.2 billion, or 63 percent of the total. There is no dependable data on per- they share the sense or concern which The Department of Commerce spends cent of U.S. content. The Foreign Agri- I have spoken to this afternoon and if $236 million annually on trade pro- culture Service relies on statements they have a way to try to address it. motion. made in MAP applications about U.S. I yield the floor. While the stated goal of MAP is to content and not-for-profit organiza- The PRESIDING OFFICER. Who benefit U.S. farmers, the program has tions rely on unverified statements re- seeks recognition? benefited foreign companies. In fiscal garding U.S. content from their brand- Mr. BRYAN addressed the Chair. years 1986–1993, $92 million on MPP ed participants. In 1993, the Foreign The PRESIDING OFFICER. The Sen- funds went to foreign-based firms. This Agriculture Service began to review ator from Nevada is recognized. amount represented nearly 20 percent the support for the certifications made July 22, 1996 CONGRESSIONAL RECORD — SENATE S8459 regarding U.S. content during their au- funding was raised to $90 million. So but went to foreign companies. So join- dits of participants. Their work is lim- while the conferees were attempting to ing with the distinguished occupant of ited to the not-for-profit organizations reform the MPP program by removing the chair, and other colleagues on both and they do not, as a rule, audit the foreign companies, they also enacted a sides of the political aisle, we were able commercial entities performing brand- 29-percent increase in funding. My to get an amendment through that, as name promotions. amendment would return the MAP pro- it ultimately worked its way through Who should get these funds? Al- gram to the originally approved Senate the legislative process, dealt with one though new guidelines say small firms funding level of $70 million. This rep- issue which, in my judgment, was in- should have priority—one third of fis- resents no real cut to the program as conceivable, unfathomable, in that we cal year 1994 funds went to large com- foreign companies may no longer par- would continue to provide money to panies. For that reason, large corpora- ticipate. This frees up funds for domes- foreign companies with taxpayer dol- tions such as Sunkist, Sun-Maid, tic businesses. lars. I am happy to report that, in the Welch’s, and Pillsbury still receive Mr. President, reiterating, I am re- legislation that passed, we have now large sums of money. In 1992, the aver- newing an effort that I had been in- eliminated moneys that previously age amount awarded to the top 50 firms volved in—as Members will be familiar went to foreign-based firms. So, pro- was $1 million. Eight of those firms had with—for some years. It is a program spectively, that can no longer occur, sales over $1 billion. that was originally known as the Tar- and the money that we are talking There were 17 MAP participants re- geted Export Assistance Program. A about here this afternoon will no ceiving more than $1 million for fiscal little later iteration referred to it as longer be given to foreign corporations. years 1993–95: the Market Promotion Program, and it But the fundamental objections to the Sunkist, $11.1 million. has now evolved into the Market Ac- programs remain. Ernest & Julio Gallo, $9.1 million. cess Program. First, the General Accounting Office, Sunsweet, $4.6 million. The historical genesis, as well as the which has evaluated this program, has Blue Diamond, $4.5 million. ostensible premise for its continuation, determined that these are wasted dol- American Legend, $2.9 million. is an effort to encourage the develop- lars. There is no evidence to support North Am. Fur Producers, $2.3 mil- ment, maintenance, and expansion of the proposition that money which os- lion. exports of U.S. agricultural products tensibly is given to companies to aug- Dole, $2.1 million. abroad, originally designed to counter ment or increase their promotional ac- Tyson Foods, $1.9 million. or offset the adverse effects of sub- tivities has simply not been used to re- M&M Mars, $1.8 million. sidies, import quotas, and other unfair place existing dollars already in these 21st Century Genetics, $1.5 million. trade practices. major corporations’ advertising ac- Welch Foods, $1.4 million. Since 1986, TEA, MPP, and now MAP, counts. So rather than a McDonald’s Pillsbury, $1.3 million. has resulted in the expenditure of $1.5 spending $500 million a year, if they get Campbell Soup, $1.2 million. billion. This program is operated $4 million or $5 million, they reduce Hansa-Pacific, $1.1 million. through about 64 different organiza- the amount of their own budget alloca- Hershey, $1.1 million. tions, as I know the distinguished Pre- tion to $496 million —the point being Canandaigua Wine, $1.1 million. siding Officer and the chairman of the that there is no extra dollar outlay Seagram, $1.0 million. committee are both very familiar with. spent on the promotion and advertising Private, for-profit companies are the In fiscal year 1994, about 43 percent of of these products. That is to even ac- ones who benefit from this program. all program activities involved generic cept the proposition that you can tar- Taxpayers should not pay for advertis- promotions, while 57 percent involved get or trace a correlation between the ing particular products. These compa- branded promotions. By that, Mr. amount of money that is spent on ad- nies should take over the costs them- President, we mean specific products of vertising dollars and the kind of prod- selves. MAP, like MPP and TEA before company A, B, C, or D. ucts that these companies are able to it, is a convenient source of free cash We will talk later about some of the market overseas. for wealthy businesses, such as McDon- companies who have received very gen- So that is the first objection raised, ald’s, to help pay for their overseas ad- erous amounts of taxpayer dollars to and that is as valid today as it was vertising budgets. support a program which, in the view when the General Accounting Office While the Federal Government does of this Senator, amounts to a corporate did its evaluation some 5 years ago have a legitimate role in promoting ex- entitlement program that could not that there is no assurance of companies ports to foreign countries, we should have been justified even in the most af- simply not trading their own corporate use our considerable Federal expertise fluent circumstances at the Federal dollars and replacing them with dollars to assist companies in cutting red tape level. Now, while we are trying to that the American taxpayers pay. in foreign countries and providing downsize, streamline, cut expenditures, The second is a graduation problem. them with technical assistance. We and reach targeted goals for balancing There is no graduation formula. How should not do it by granting scarce tax- our budget by 2002 or 2003, this is pre- long does one remain as part of the payer dollars to private, for-profit cisely the kind of program that is still program? Current regulations, enacted companies for activities they would a legacy of the past and, in my judg- in response to criticisms made by this otherwise conduct on their own. ment, one I cannot support on its mer- Senator and others about the merits of Mr. President, the amendment I offer its. the program, ultimately caused the re- today is nearly identical to the posi- I think it might be helpful to note evaluation of the regulation so that tion the Senate took on the Federal that the Federal Government spends this MAP assistance will cease after 5 Agricultural Improvement and Reform about $3.5 million annually on export years. However, those who continue to Act, or farm bill, of 1996. The Senate promotion activities. Agricultural benefit from this financial allocation voted 59 to 37 in February to accept the products represent about 10 percent of provided at taxpayer expense target it Bryan amendment on the MPP pro- the total U.S. exports. Yet, of that $3.5 to 5 years to run prospectively from gram. That amendment restricted use billion spent at the Federal level, the date of the enactment of the regu- of MPP program moneys to small busi- about $2.2 billion, or 63 percent of the lation, so you can still stay on this nesses, as certified by the Small Busi- total amount, is spent on agricultural program up until 1999. ness Administration, and Capper-Vol- export promotion. The Department of Now, for some companies, that would stead cooperatives. Because the amend- Commerce, for example, spends about mean being a part of this program for ment eliminated foreign companies $236 million annually on trade pro- 13 years. That is an incredibly long pe- from the program, the funding level for motion. riod of time. If you find any merit to MPP was capped at $70 million. Now, earlier this year, Mr. President, this program—and I must say I am one In the House-Senate conference on one of the objections that this Senator who finds none—how do you justify the farm bill, my language prohibiting and others raised was that a substan- keeping a particular company as part foreign companies from participation tial amount of the funding on this pro- of this program for up to 13 years? Al- in MPP was retained, but the level of gram went not to American companies, ready, 136 firms have participated in S8460 CONGRESSIONAL RECORD — SENATE July 22, 1996 the program for 6 to 8 years and have $2.3 million; Dole, $2.1 million; Tyson The amendment that I have offered received the bulk of the brand-name Foods, $1.9 million; M&M Mars, $1.8 would return this program to the origi- funds. million; 21st Century Genetics, $1.5 nally approved Senate funding level of The third objection is a question of million; Welch Foods, $l.4 million; $70 million. That, I believe, is a reason- efficiency. GAO states that taxpayers Pillsbury, $1.3 million; Campbell Soup, able compromise, and I believe that my do not have any reasonable assurances $1.2 million; Hansa-Pacific, $1.1 mil- colleagues having voted once before by that the rather considerable public lion; Hershey, $1.1 million; Seagram, $1 59 to 37 to cap the program at that funds expended on export promotion million. level and to carry out the intent of the are being effectively used to emphasize Mr. President, those are some of the farm bill of 1996, we ought to hold the sectors and programs with the highest great household names of America. appropriations to the level authorized potential returns. It is frequently said These are companies that have been ex- in that bill. in the course of debate—and I am sure ceedingly successful, and all of us as Mr. President, I thank the Chair. I will be again in the context of this Americans quite curiously share in yield the floor. amendment—where supporters of this their success. We are delighted when Mr. KERRY. Mr. President, I am program cite increased exports as an American firms prosper and do well. pleased to join my friend from Nevada, example of why this program is so But why should they do well at the ex- Senator BRYAN, in another attempt to needed, why it is so beneficial, why it pense of the taxpayer who is being save American taxpayers from funding does so much good. But there is no ana- asked to pay his and her hard-earned U.S. corporate advertising in other lytical correlation between those in- dollars to supplement the advertising countries. The Market Promotion Pro- creases in exports and moneys being accounts of some of the largest compa- gram is one of the most blatant exam- expended from the program. That is to nies in America? ples of corporate welfare in the budg- say, would those increases have oc- I believe that the Federal Govern- et—the American taxpayers have foot- curred notwithstanding the allocations ment has a legitimate role in promot- ed a bill of more than $1 billion to pay made under the MAP program? Since ing exports to foreign countries, but we for corporate advertising since its in- 1986, there have been over 100 partici- should certainly use our considerable ception. And Senator BRYAN and I have pants in the program, and yet the For- expertise to assist companies in cut- been as tenacious as it is possible to be eign Agricultural Service has com- ting red tape in foreign countries and in trying to eliminate this program. This is a subsidy program which has pleted only 12 program evaluations. providing them with technical assist- been roundly criticized by research in- Only 9 of 26 participants who have re- ance. We should not do it by granting stitutes across the political and eco- ceived more than $10 million have been scarce taxpayer dollars to private com- nomic spectrum—the National Tax- evaluated. panies, either, for-profit companies, or payers’ Union, the Progressive Policy Finally, Mr. President, on the ques- activities that they would otherwise Institute, Citizens Against Government tion of U.S. content, MAP regulations conduct on their own. So, Mr. President, that brings me to Waste, and Cato Institute. issued in August 1991 do not restrict Taxpayers in Massachusetts would be the point of what our amendment that program participation to products that shocked if they knew that the Federal I offer this afternoon would do. It is have 100 percent U.S. content. Regula- Government is collecting taxes from identical virtually to the position that tions permit full funding for products them and using their hard-earned the Senate took on the Federal Agri- that have no more than 50 percent of money to embellish the advertising cultural Improvement and Reform Act, U.S. content by weight. budgets of corporate America. There is no dependable data on the commonly referred to as the farm bill I have taken to the floor time and percent of U.S. content. The Foreign of 1996. The Senate voted by 59 to 37 in time again to speak about wasteful Agricultural Service relies on state- February to accept the Bryan amend- spending in the budget. And I have ments made in MAP applications about ment on the MPP program, and that been an outspoken critic of this Mar- U.S. content to ascertain the amount amendment restricted use of MPP ket Promotion Program. Our col- of U.S. content without doing an inde- moneys to small businesses certified by leagues have heard me discuss how we pendent analysis. So these are self-cer- the Small Business Administration and have paid the Gallo Bros. to peddle tified statements without any type of Capper-Volstead cooperatives. Because their wine to the French; how we independent verification whatsoever. the amendment eliminated foreign helped advertise Japanese-made under- The question is: Who should get these companies from the program, the fund- wear in Tokyo; how we promoted fash- funds? Although new guidelines say ing level for MPP was capped at $70 ion shows of mink coats and fur stoles; some small firms should have priority, million. That is to say, based upon the how we have subsidized M&M’s and one-third of fiscal year 1994 funds went recent experience of the Market Pro- Chicken McNuggets. to large companies. It is for that rea- motion Program, out of an appropria- We have tried to reform the MPP son that some of the largest corpora- tion of $110 million it was projected program over the past few years. Last tions in America—among them that $40 million was being allocated to year, we prohibited the mink industry Sunkist, Sun Maid, Welch’s, and Pills- foreign companies. So if you flatten from receiving Federal subsidies to bury—still receive large sums of out the program and keep it at its promote fashion shows abroad. That money. In 1992, the average amount present level, $70 million would con- was a step in the right direction. And, awarded to the top 50 firms was $1 mil- tinue to fund the program other than Mr. President, I am very pleased the lion. Eight of those firms have sales for foreign company participation. distinguished chairman of the Agri- over $1 billion. I make it clear that I think none of culture Appropriations Subcommittee, I am sure most Americans would pon- my colleagues are misled about this. Senator COCHRAN, has agreed to ex- der, with a company that has a sales My preference would be to zero out this clude mink subsidies in this year’s bill. volume of $1 billion, should the Amer- program for all of the reasons that I In addition, Mr. President, last year, in ican taxpayer be subsidizing the adver- have outlined. And I daresay I think the Department of Agriculture appro- tising account of a firm of that size? I the distinguished occupant of the chair priations bill, the Senate voted to curb must say again that I do not believe shares the view of the Senator from the Market Promotion Program—we that should justify defending those ap- Nevada. But yielding to pragmatic im- passed the Bryan-Bumpers-Kerry propriations. peratives, it is clear that this body is amendment to limit the program to But to give you some more current not yet prepared to go that far. small businesses and agricultural co- data, there were 17 MAP participants So what this amendment would do ops. This was a good start to curb cor- receiving more than $1 million for the would be to cap the current level at $70 porate welfare, but the provision was past 2 fiscal years, fiscal year 1993 to million. The current appropriations dropped in conference. So, the program fiscal year 1995: Sunkist, $11.1 million; bill provides for $90 million. So when continues despite the Senate’s vote. Ernest & Julio Gallo, $9.1 million; you factor out that none of this money Accordingly, my friend from Nevada, Sunsweet, $4.6 billion; Blue Diamond, can go to foreign companies, in effect, Senator BRYAN, and I are making the $4.5 million; American Legend, $2.9 mil- this program would be increased by 29- effort once again to halt this unneces- lion; North America Fur Producers, percent—a 29-percent increase. sary flow of funds from the Treasury. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8461 We must not force American taxpayers It has been consistently shown on the and then I will yield to my friend from to keep subsidizing multimillion-dollar basis of experience that we have had Arkansas, it seems to me that we talk corporations. When my friends and using these funds that as we provide a lot about sacrifice—the need for us to neighbors in Massachusetts measure assistance to exporters and suppliers in notch up the proverbial belt and slim this program against the extraordinary international markets, we do better; down, streamline Government, all of reductions we are facing in programs we sell more; we are more successful. I these sorts of things, and we ask most that really matter to working Ameri- hope the Senate will not be persuaded segments in our society to do more cans, they ask me how Congress can to further reduce the ability of the with less. continue to justify this type of cor- Foreign Agriculture Service to go to I must say, with all due respect to porate welfare. There is no good answer bat for our exporters, to try to help my friend from Mississippi, it seems to to that question. This program is un- where help is needed, and use these me that those who are part of this cor- justifiable in the current budget envi- funds in a targeted way, in a way that porate entitlement program that has ronment. is designed to help us sell more of what been culturally ingrained as part of Mr. President, I am grateful Senator we produce in these emerging markets this Federal budget process, we never BRYAN is willing to lead the charge. around the world. ask them. I do not think it is asking Together, we will continue to fight this I know that we are not going to re- too much of our friends, the McDon- waste of taxpayer money until this solve this issue tonight, and we have a ald’s hamburger people, Pillsbury, the program is eliminated. We fought the lot of information that will be avail- Welch’s, Sunkist, Sun Maid, Seagrams, wool and mohair subsidy, and that is able to Senators, but almost all the all these other marvelous corporations now gone. We fought the mink subsidy, Senators who are going to vote—and I to say, look, this is a program we and that is now gone. Ultimately, we presume we are going to go to a record thought we could afford at one time will win this battle, too, because the vote on this unless the Senator decides but this is 1996 and you folks have fol- Senate will recognize that it is a monu- to withdraw his amendment on the lowed our debate on balancing the mental waste of money. I yield the basis of my overwhelmingly persuasive budget. Both parties, both the Congress floor. remarks in opposition to his amend- Mr. COCHRAN. Mr. President, this and the White House have agreed that ment. I presume we are going to vote a balanced budget ought to be our goal, Market Promotion Program has been on this amendment tomorrow. one that has attracted an awful lot of that ought to be a national priority. Mr. BRYAN. Will the Senator yield? There are benefits that inure to our so- attention and some controversy over Mr. COCHRAN. I will be happy to ciety, to our economy, and we cannot the last several years. Senators have yield to my friend from Nevada. heard the arguments for it and against Mr. BRYAN. I always find my friend do that if we continue the old ways, as it, and why it is important for us to from Mississippi extraordinarily ar- comfortable as they may have become. continue to support those who are try- ticulate. Without any derogation in- So I conclude with the observation ing to market their commodities and tended, he has not persuaded this Sen- that the $70 million is $70 million more food products in overseas markets, par- ator. At this particular point, it would than I would like to spend, but this ap- ticularly when they are confronted be my intent to ask for a rollcall vote propriations bill sets a funding level of with trade practices that are developed at the appropriate time. And I can as- $90 million, so it does represent a 29 by our competitors, or even those sure the Senator I do not intend to pro- percent increase over the $70 million countries in which we are trying to ex- long the debate tonight, but when he that would be available under the pa- port our products that operate against finishes, I might just make a very brief rameters of the farm bill because we our interests. comment. have deleted the money for foreign Under the rules of the General Agree- Mr. COCHRAN. I thank the Senator. companies. It seems to me that a spirit ment on Tariffs and Trade, we have I know he is committed on this issue. of sacrifice and fairness would say, tried to reduce barriers to trade, make He raises it from time to time. I do ap- look, those who are the giants of cor- the playing field fair, and have as a preciate the fact we do not have all the porate America, they ought to be asked principle for our international trade charts and other things that he has to trim their sails and to cut their that if we are going to make available brought to the floor in the past to per- spending a bit by enabling us to wean our market here in the United States, suade Senators on the correctness of ourselves gradually from this program. we are going to insist that other coun- his position, but he is certainly correct I thank the Chair. I yield the floor. tries do the same. But from time to in pointing out that this issue was de- Mr. COCHRAN. Mr. President, I ask time, even though this is the general bated fully, extensively in the discus- unanimous consent to have printed in understanding and the general basis for sion of the farm bill earlier this year. the RECORD a letter that I received as these international agreements, we run The farm bill did have provisions relat- chairman of the subcommittee from into specific problems—structural dif- ing to the program, and so Senators the Coalition of U.S. Exporters in sup- ficulties, bureaucratic redtape, call it are familiar with it, and they are fa- port of the Market Access Program. what you will. It is all an effort to pre- miliar with the arguments for and There being no objection, the letter fer one of our competitors over our ex- against. was ordered to be printed in the porters in these markets, or to keep us I am not going to belabor the issue RECORD, as follows: out of the markets altogether. again. I hope Senators will reject the COALITION TO PROMOTE U.S. These funds have been very helpful, I amendment and support the commit- AGRICULTURAL EXPORTS, am told at our hearings with the For- tee’s funding level for this program. It Washington, DC, July 9, 1996. eign Agriculture Service, in breaking is, I would say, consistent with the au- Hon. THAD COCHRAN, down barriers to trade, to overcoming Chairman, Subcommittee on Agriculture, Rural thorization contained in the conference Development, and Related Agencies, U.S. these efforts to keep our suppliers and report of the farm bill. our exporters out of international mar- Senate, Washington, DC. I rest my case, and I am happy for DEAR MR. CHAIRMAN: As Congress considers kets. the Senate to work its will on this sub- the FY 1997 agriculture appropriations bill, There is no question that this is an ject. I hope they will support the deci- we want to emphasize again the need to area of economic activity that has ben- sion that we made in the committee. maintain funding for USDA’s export pro- efited American business, agriculture, Mr. BRYAN addressed the Chair. grams, including the Market Access Program and industry. We have seen a growing The PRESIDING OFFICER. The Sen- and FAS Cooperator Program, as authorized amount of jobs created in our own ator from Nevada. under the new Farm Bill. economy here at home because of ac- Mr. BRYAN. I ask unanimous con- Such action is critical to the success of the cess to overseas markets for our prod- sent that the distinguished senior Sen- new Farm Bill, which gradually eliminates ucts. There is a direct correlation be- direct income assistance to producers, while ator from Arkansas be added as a co- providing increased planting flexibility. tween the amount of exporting we do sponsor of this amendment. Within this framework, the long term viabil- and the amount of benefit we get eco- The PRESIDING OFFICER. Without ity of American agriculture is even more de- nomically here in terms of jobs, pay for objection, it is so ordered. pendent on ensuring access to foreign mar- workers, and renewed and invigorated Mr. BRYAN. If I may very briefly re- kets and maintaining and expanding U.S. ag- business activity. spond to my friend from Mississippi, ricultural exports. S8462 CONGRESSIONAL RECORD — SENATE July 22, 1996 It is also vital to our nation’s economic National Confectioners Association. tribution to common sense last year on well-being. For example, U.S. agricultural National Corn Growers Association. the Senate floor, but unfortunately the exports this year are now projected to reach National Council of Farmers Cooperatives. conferee committee was not satisfied a record $60 billion. This is expected to result National Cotton Council. in a record agriculture trade surplus of ap- National Milk Producers Federation. until they worked in a loophole big proximately $30 billion, generate as much as National Peanut Council of America. enough to drive a Fortune 500 company $100 billion in related economic activity, and National Porl Producers Council. through. National Potato Council. provide jobs for over one million Americans. Having said that, let me say if I had The Market Access Program, along with National Renderers Association. the FAS Cooperator Program, are among the National Sunflower Association. a chance to eliminate the whole pro- few programs specifically allowed under the National Wine Coalition. gram as it currently operates at this Uruguay Round Agreement and not subject NORPAC Foods, Inc. moment, if I had the power to do it, I to any reduction or discipline. When other Northwest Horticultural Council. would be more than happy to do it. But countries are increasingly pursuing such Produce Marketing Association. Protein Grain Products International. at least because of the efforts of the policies to help their agriculture industries Senator from Nevada, we have been maintain and expand their share of the world Sioux Honey Association. market, now is not the time for the U.S. to Southern Forest Products Association. able to make it a little more palatable. Southern U.S. Trade Association. continue to unilaterally reduce or eliminate But think about this, Mr. President. such programs. Sun-Diamond Growers of California. Sun Maid Raisin Growers of California. We have capped the Export Enhance- Under the new Farm Bill, the Market Ac- Sunkist Growers. ment Program now for 1997 at $100 mil- cess Program already has been reduced from Sunsweet Prune Growers. $110 million to just $90 million annually. The lion. But when you take the Export En- The Catfish Institute. new Farm Bill also makes permanent the re- hancement Program, Public Law 480, The Popcorn Institute. which has been on the books for dec- forms included in the FY 1996 agriculture ap- Tree Fruit Reserve. propriations bill, including limiting any di- Tree Top, Inc. ades—and there are three titles in that rect cost-share assistance to small busi- Tri Valley Growers. program, I, II, and III, all designed and nesses, farmer cooperatives and trade asso- United Egg Association. calculated to enhance agricultural ex- ciations. United Egg Producers. Clearly, the Market Access Program and ports—everybody is for agricultural ex- United Fresh Fruit and Vegetable Associa- ports. The USDA also has the GSM other USDA export programs remain an es- tion. sential element of our nation’s overall agri- USA Dry Pea & Lentil Council. Program as an export tool. There are culture and trade policy. They are key to USA Poultry & Egg Export Council. the COAP and SOAP Programs. If it helping boost U.S. agricultural exports, USA Rice Federation. were not for agricultural exports, the strengthening farm income, promoting eco- U.S. Feed Grains Council. trade deficit in this country would be nomic growth and creating needed jobs U.S. Livestock Genetics Exports, Inc. throughout our entire economy. Accord- really staggering. I am not sure what U.S. Meat Export Federation. the correlation is in the amounts be- ingly, we urge your strong support to ensure U.S. Wheat Associates. such programs continue to be fully funded Vodka Producers of America. tween how much oil we import from and aggressively implemented. Washington Apple Commission. around the world compared to how Sincerely, Western Pistachio Association. many agricultural products we export, Coalition to Promote U.S. Agricultural Ex- Western U.S. Agricultural Trade Associa- but I think the two are very similar. ports. tion. That will give you some idea how stag- COALITION TO PROMOTE U.S. AGRICULTURAL Wine Institute. gering the deficit would be if we did EXPORTS Mr. BUMPERS. Mr. President, first, not do a lot of agricultural exporting. COALITION MEMBERSHIP 1996 let me say that my good friend, the dis- Ag Processing, Inc. tinguished manager of the bill and the But when I think of the programs Alaska Seafood Marketing Institute. chairman of the Subcommittee on Ag- that run into hundreds of millions of American Farm Bureau Federation. riculture Appropriations, and I very dollars to export agriculture products American Forest & Paper Association. seldom disagree, and we have worked and then here is this questionable— American Hardwood Export Council. well, it is not insignificant. It is $90 American Meat Institute. on a number of bills when I was chair- American Plywood Association. man of this subcommittee and now the million. Where I come from, that is American Seed Trade Association. last 2 years he has been chairman of considered sizable. Last year, we were American Sheep Industry Association. the subcommittee, and I think we have able to cut that program from $90 mil- American Soybean Association. worked together well and produced lion to $70 million, and this year, lo Blue Diamond Growers. really good bills for the Senate’s con- and behold, it is back to $90 million. So California Canning Peach Association. sideration. This is one of those rare oc- while we have been able to get the California Kiwifruit Commission. California Pistachio Commission. casions when we disagree. Gallo Bros. and McDonald’s and people California Prune Board. I feel very strongly, and have for like that out of the program, at least California Table Grape Commission. many years, that the Market Pro- directly, and allow cooperatives such California Tomato Board. motion Program, recently renamed the as my own Riceland Foods, and their California Walnut Commission. Market Access Program, is just short farmer-members, to benefit from the Cherry Marketing Institute, Inc. of outrageous. When I first got in- program, we should certainly not in Chocolate Manufacturers Association. volved in it, the General Accounting Diamond Walnut Growers. the days of budget constraints that we Eastern Agricultural and Food Export Office had just done a study. We were are experiencing now be raising that Council Corp. putting millions of dollars in a pro- program by about 25 percent. Farmland Industries. gram to encourage McDonald’s to sell Florida Citrus Mutual. Big Macs in Moscow. In addition, we So, Mr. President, I will not belabor Florida Citrus Packers. were spending money to encourage one it. I see the Senator from Nebraska Florida Department of Citrus. of the big companies in my own State, here. He, apparently, wants to offer an Ginseng Board of Wisconsin. Tyson Foods, a company I am more amendment. I do not want to delay his Hop Growers of America. than happy to champion on most occa- opportunity to do that. But I say I am International American Supermarkets more than happy to cosponsor the Corp. sions, to advertise their products over- International Apple Institute. seas. Further, Gallo wine was a big re- amendment of the Senator from Ne- International Dairy Foods Association. cipient. The liquor industry was get- vada, which does not eliminate the pro- Kentucky Distillers Association. ting millions to export liquor. gram but simply puts the funding level Mid-America International Agri-Trade I said last year, where is the Chris- from $90 million back to $70 million, Council. tian Coalition when we need them? But where we put it last year. National Dry Bean Council. we finally, through the determined ef- National Grape Cooperative Association, I yield the floor. forts of the Senator from Nevada, last Inc. Mr. KERREY addressed the Chair. National Association of State Departments year were able to change the people of Agriculture. who were eligible to put a little bit of The PRESIDING OFFICER. The Sen- National Cattlemen’s Beef Association. sense in it. We made a substantial con- ator from Nebraska. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8463 AMENDMENT NO. 4978 forth—but in many cases we have panel report, this amendment would (Purpose: To increase funding for the Grain reached agreement: The FAA should be provide for: An industry structure per- Inspection, Packers and Stockyards Ad- funded. FSIS is important to fund. formance surveillance of $550,000—it ministration and the Food Safety and In- That increases the quality of our prod- was in the concentration recommenda- spection Service, with an offset) uct and the confidence of the tions; $480,000 for a packer market Mr. KERREY. I send an amendment consumer. It makes our economy more competition study—that, again, was in to the desk and ask for its immediate productive and, as a consequence, is a the recommendation that was made; consideration. very important function of the Govern- and a quarter of a million dollars for The PRESIDING OFFICER. Without ment. an electronic filing system, also in the objection the pending amendments are Very often we find ourselves in those Commission’s recommendation. set aside. areas as a result of an unwillingness to It is impossible for us to be able to go The clerk will report. fund the program because we will not from saying ‘‘we are concerned about The legislative clerk read as follows: allocate money from other places. I whether or not the market is working’’ The Senator from Nebraska [Mr. KERREY] will make the point again, typically it to a point where, particularly for the proposes an amendment numbered 4978. is not this kind of temporary realloca- smaller packers as well as the great Mr. KERREY. Mr. President, I ask tion, which is all this is, internal to number of feedlot operators and grow- unanimous consent that reading of the USDA. Very often it is a problem of ers out there who say ‘‘the market is amendment be dispensed with. not being willing to either say we are not working,’’ unless we fund this par- The PRESIDING OFFICER. Without going to raise taxes to pay for it, which ticular agency. objection, it is so ordered. very few people at this point want to Mr. President, I ask for the yeas and The amendment is as follows: do, or we are going to get it out of the On page 18, line 12, strike ‘‘$432,103,000’’ and nays. insert ‘‘$421,078,000’’. growth of entitlements, or we are not The PRESIDING OFFICER. Is there a On page 20, line 10, strike ‘‘$98,000,000’’ and going to build the F–18C, or some other sufficient second? insert ‘‘$86,975,000’’. thing, some other major program like There is a sufficient second. On page 23, line 8, strike ‘‘$22,728,000’’ and that. The yeas and nays were ordered. insert ‘‘$24,228,000’’. If we do not fund FSIS this year and AMENDMENT NO. 4979 On page 24, line 11, strike ‘‘$557,697,000’’ and next year and the year after, as the ap- insert ‘‘$566,222,000’’. (Purpose: To provide funds for risk propriations accounts get smaller, I be- management, with an offset) Mr. KERREY. Mr. President, I have lieve we are going to pay a big price for Mr. KERREY. Mr. President, I ask brought this problem to the attention it. So I understand there may be some unanimous consent to lay that amend- of both the chairman, the distinguished language that can be worked out in ment aside and move immediately to Senator from Mississippi, as well as the this particular reallocation out of con- the consideration of second amend- ranking member, the distinguished cern for the very specific program I ment I have. Senator from Arkansas. This amend- would like to fund, the field automa- The PRESIDING OFFICER. Without ment would increase funding for the tion and information management objection, it is so ordered. The clerk Food Safety and Inspection Service as project. I have a great deal of respect will report. well as for the Grain Inspection, Pack- for the chairman and ranking mem- The legislative clerk read as follows: ers and Stockyards Administration, ber’s concerns for that particular ef- the first by $8.5 million, the second by The Senator from Nebraska [Mr. KERREY] fort. proposes an amendment numbered 4979. $1.5 million. The increases are offset by The second thing that is being funded a reduction in funding available for the in here is a bit easier and a lot more Mr. KERREY. Mr. President, I ask Agriculture Quarantine Inspection Pro- straightforward. That is just a $1.5 ad- unanimous consent that reading of the gram. This is a user fee account within ditional million for the Grain Inspec- amendment be dispensed with. the Animal and Plant Health Inspec- tion, Packers and Stockyards Adminis- The PRESIDING OFFICER. Without tion Service. tration. A lot of us have expressed con- objection, it is so ordered. I understand there have been some cern this year as the price of beef has The amendment is as follows: problems. I understand the committee On page 25, line 16, strike ‘‘$795,000,000’’ and gone down. Once again the concern is, insert ‘‘$725,000,000’’. has asked the Department of Agri- is the market working? That is to say, On page 29, between lines 7 and 8, insert culture, under the FSIS, the Food Safe- has the concentration in the beef and the following: ty Inspection Service, to give the Con- the concentration of the pork industry RISK MANAGEMENT gress an evaluation of its computer reached a point where we no longer For administrative and operating expenses, programs. I understand this has just have competition, where we no longer as authorized by section 226A of the Depart- occurred today. But we are now mov- have price discovery, where we no ment of Agriculture Reorganization Act of ing, the Department is moving from an longer have a market that is working 1994 (7 U.S.C. 6933), $70,000,000, except that old carcass-by-carcass system of evalu- to the advantage of either the not to exceed $700 shall be available for offi- ating product—which in many cases consumer or for the American econ- cial reception and representation expenses, did not improve the safety of the meat omy? as authorized by section 506(i) of the Federal coming out to the consumer because That question is a difficult one to Crop Insurance Act (7 U.S.C. 1506(i)). the inspection system was not able to answer. Last year there was an advi- Mr. KERREY. Mr. President, this apply good science to determine wheth- sory committee that was put together. amendment establishes a separate ap- er or not there were pathogens on the A couple of months ago they made propriation for salaries and expenses animals—we are moving from that old their recommendations to us. The dom- for the Risk Management Agency in- system to a new system called HACCP. inant recommendation, at least the side the Farm Service Agency’s ac- HACCP is, to my mind, a vastly pref- recommendation at the top of the list, count. I wish the administration of the erable system. But it will be very dif- was we should just do more of what the Department of Agriculture had sent up ficult in my judgment to do that if we Packer and Stockyards Act says the a separation. I think it is clear to most underfund FSIS in the process. USDA should do. Even if we are able to of us who look at the new farm pro- Let me say parenthetically, I believe get an additional $1.5 million, I must gram that increasingly it is going to be across the board in those areas where say a $24 or $25 million budget against the farmers managing their own risks Republicans and Democrats agree the the Packer and Stockyards budget, that will determine how well they do in Government function is important— against a $120-billion industry, is not a market that is increasingly volatile. and there are still some disagreements likely, even by some sort of common- The risk management program, the between Republicans and Democrats, sense evaluation, to provide this agen- combination of Government and, in- or sometimes, as we have just heard, cy with enough money to get the job creasingly, private sector insurance, is inside, even, each party; sometimes it done. going to determine whether or not a does not break along party lines, with For all Members who have issued producer, a farmer, or small business the Market Promotion Program as an press releases expressing enthusiasm person out there operating in the mar- example, the Sugar Program and so about this Commission’s report, this ketplace, is going to be successful. This S8464 CONGRESSIONAL RECORD — SENATE July 22, 1996 establishes this risk management other agencies in the Federal Govern- I would ask my friend from Indiana agency and sets up a separate account ment, Treasury in particular. I am well whether he agrees with me that for it so we make sure the U.S. Depart- aware of the work others have done in USDA’s interpretation is incorrect? ment of Agriculture does allocate a this area. As indicated, I have had dis- Mr. LUGAR. Senator SIMPSON raises sufficient amount of resources to do so. cussions with the authorizing commit- a valid issue regarding the interpreta- I pull $70 million out of the FSA to do tee—that is to say, the Committee on tion of section 663 of the Federal Agri- that. I believe it is much more likely, Governmental Affairs—in gaining ac- culture Improvement and Reform Act as a consequence of doing this, that the ceptance for my amendment. of 1996. Although I disagree with your risk management program is going to Thus, Mr. President, I ask unanimous statement that the statute is not clear be executed in the fashion that both consent that I be allowed to amend my on this point, I agree that USDA has Republicans and Democrats desire. amendment before it comes to a vote incorrectly interpreted this section. Again, as we look at this new age of tomorrow. Section 663 clearly states that a com- farmers on their own establishing what The PRESIDING OFFICER. Is there plete application to acquire inventory the risk is and purchasing coverage for objection? Without objection, it is so property must have been submitted that risk, it is much more likely, if ordered. prior to the date of enactment of the this agency is funded separately, that Mr. KERREY. Mr. President, I ask FAIR Act. The issue is whether the the market, the consumer out there, for the yeas and nays on the third property in question has already come will determine what the nature of that amendment. into the Government’s possession. product is going to be and that the The PRESIDING OFFICER. Is there a Until that time, the property should agency itself will, as a consequence, be sufficient second? not be deemed inventory property. sufficiently funded. There is a sufficient second. If a borrower had submitted an appli- Mr. President, Mr. President, I ask The yeas and nays were ordered. cation that the Secretary would have for the yeas and nays. Mr. KERREY. I yield the floor. deemed complete except that the steps The PRESIDING OFFICER. Is there a FAIR ACT CREDIT TITLE necessary for the Government to ac- sufficient second? Mr. SIMPSON. Mr. President, I rise quire the property had not been ful- There is a sufficient second. to inquire of my friend, Senator LUGAR filled, those borrowers’ applications The yeas and nays were ordered. of Indiana, about a provision in the should be considered complete so that AMENDMENT NO. 4980 Federal Agriculture Improvement and once the property does enter the Gov- (Purpose: To provide the Secretary of Agri- Reform Act [FAIR Act] which became ernment’s inventory, the lease back- culture temporary authority for the use of law on April 4, 1996. Specifically, I am buyback agreement can be executed. voluntary separation incentives to assist concerned with the way the U.S. De- in reducing employment levels, and for Mr. SIMPSON. Then you agree that other purposes) partment of Agriculture has inter- borrowers who had completed applica- Mr. KERREY. Mr. President, I ask preted section 663, the section of the tions for inventory property that had unanimous consent to lay this pending credit title that provides a transition not yet been acquired by the Govern- amendment aside and I ask immediate period for elimination of the Lease- ment should be grandfathered? consideration of a third amendment. back/Buyback program. Mr. LUGAR. Yes. The PRESIDING OFFICER. Without The statutory language says that Mr. SIMPSON. I thank my fine friend objection, it is so ordered. The clerk only those borrowers who have submit- for his assistance in this matter. ted complete applications to acquire will report. AMENDMENTS NOS. 4981 AND 4982, EN BLOC inventory property prior to the date of The legislative clerk read as follows: Mr. COCHRAN. Mr. President, I ask enactment will be considered for this The Senator from Nebraska [Mr. KERREY] unanimous consent that the following form of loan servicing. The language is proposes an amendment numbered 4980. amendments be considered en bloc and clear that applications must have been Mr. KERREY. Mr. President, I ask agreed to en bloc: fully submitted on or before April 4, unanimous consent that reading of the The first is offered for the Senator 1996, but a difficulty has arisen with re- amendment be dispensed with. from South Dakota [Mr. PRESSLER], gard to whether or not the property— The PRESIDING OFFICER. Without dealing with electronic warehouse re- on which the application is being objection, it is so ordered. ceipts. (The text of the amendment is print- made—must actually be in Federal in- The second is offered for the Senator ventory prior to the date of enactment. ed in today’s RECORD under ‘‘Amend- from Oklahoma [Mr. INHOFE], dealing ments Submitted.’’) The statute is not clear on this point. with research facilities in Oklahoma of Mr. KERREY. Mr. President, this The Department has interpreted the the Agriculture Research Service. third amendment is one of those sort of clause, ‘‘Applications to acquire inven- The PRESIDING OFFICER (Mr. good Government amendments. I have tory property,’’ to mean the property COVERDELL). Without objection, it is so spoken with the authorizing committee must already be in Federal inventory. ordered. The clerk will report. about this. They raise some concerns This is called a ‘‘post-acquisition’’ ap- The legislative clerk read as follows: that I will attempt to address in a mo- plication—‘‘acquisition’’ referring to The Senator from Mississippi [Mr. COCH- ment. This gives the U.S. Department when the Government takes ownership RAN] proposes amendments numbered 4981 of Agriculture the authority to con- of the property. and 4982, en bloc. duct a voluntary buyout in order to I am concerned that this Mr. COCHRAN. Mr. President, I ask meet its downsizing needs. No ques- ‘‘brightline’’ has stranded a number of unanimous consent that the reading of tion, under this appropriations bill, the ‘‘pre-acquisition’’ applicants in the the amendments be dispensed with. Department of Agriculture, particu- pipeline. These borrowers have submit- The PRESIDING OFFICER. Without larly in FSA, is going to have to ted complete applications for lease- objection, it is so ordered. downsize and, equally important, Mr. back/buyback servicing within the The amendments are as follows: President, no question, that is a desir- valid timeframe, but for a variety of able thing to do, given the substantial reasons, the Government has not yet AMENDMENT NO. 4981 reduction in work that is likely to be acquired their property. (Purpose: To improve the issuance of required under the new farm program. I certainly do understand the desire warehouse receipts) So it is not that I am objecting to of the Department to expeditiously re- At the end of the bill, add the following: that downsizing, I am merely, with this solve as many debt servicing cases as SEC. . WAREHOUSE RECEIPTS. amendment, trying to provide the De- possible. and I am supportive of the (a) ELECTRONIC WAREHOUSE RECEIPTS.— partment with the authority to do FAIR Act’s marked advances in Section 17(c) of the United States Warehouse buyouts which very often can save streamlining the farm loan programs Act (7 U.S.C. 259(c)) is amended— and returning Government to its prop- (1) in paragraph (1)(A), by striking ‘‘cot- them substantial money and save the ton’’ and inserting ‘‘any agricultural prod- taxpayers substantial money in the er role as a ‘‘lender of last resort.’’ I do uct’’; process. believe, however, that we should grand- (2) by striking ‘‘the cotton’’ each place it I note there has been considerable at- father those applications that were appears and inserting ‘‘the agricultural prod- tention to giving buyout authority to submitted prior to the change in law. uct’’; and July 22, 1996 CONGRESSIONAL RECORD — SENATE S8465 (3) in paragraph (2)— ment, which he has offered; Senator Mr. COCHRAN. Mr. President, I ask (A) in subparagraph (A), by striking ‘‘in KENNEDY on Food and Drug Adminis- unanimous consent that the reading of cotton’’ and inserting ‘‘in the agricultural tration; Senator THURMOND on agri- the amendment be dispensed with. product’’; and culture research; Senator FRAHM on The PRESIDING OFFICER. Without (B) in the last sentence of subparagraph (B)— section 515 rental housing program; objection, it is so ordered. (i) by striking ‘‘electronic cotton’’ and in- Senator SIMPSON on wetland ease- The amendment is as follows: serting ‘‘electronic’’; and ments. At the appropriate place, insert the follow- (ii) by striking ‘‘cotton stored in a cotton We know of no other amendments. ing: warehouse’’ and inserting ‘‘any agricultural We hope those will be the only amend- SEC. . Hereafter, notwithstanding any product stored in a warehouse’’. ments, and maybe if Senators will let other provision of law, any domestic fish or (b) WRITTEN RECEIPTS.—Section 18(c) of the us know about suggested changes, we fish product produced in compliance with United States Warehouse Act (7 U.S.C. 260(c)) may be able to work out accepting food safety standards or procedures accepted is amended by striking ‘‘consecutive’’. by the Food and Drug Administration as sat- some of these amendments tonight or isfying the requirements of the ‘‘Procedures AMENDMENT NO. 4982 when we reconvene on this bill tomor- for the Safe and Sanitary Processing and Im- On page 11, line 22, add the following row. porting of Fish and Fish Products’’ (pub- proviso after the word ‘‘law’’: ‘‘: Pro- Mr. BUMPERS. Mr. President, I lished by the Food and Drug Administration vided further, That all rights and title think Senator PELL has a small amend- as a final regulation in the Federal Register of December 18, 1995), shall be deemed to of the United States in the property ment that he wants to offer that we probably should add to that list. have met any inspection requirements of the known as the National Agricultural Department of Agriculture or other Federal Water Quality Laboratory of the Mr. COCHRAN. OK. Mr. President, we understand that it agency for any Federal commodity purchase USDA, consisting of approximately program, including the program authorized will be unlikely that we can get an 9.161 acres in the city of Durant, Okla- under section 32 of the Act of August 24, 1935 agreement tonight to limit the amend- homa, including facilities and fixed (7 U.S.C. 612c) except that the Department of ments to those that I have just read. equipment, shall be conveyed to South- Agriculture or other Federal agency may We had hoped to be able to get that eastern Oklahoma State University.’’ utilize lot inspection to establish a reason- agreement. We understand, if we pro- able degree of certainty that fish or fish Mr. BUMPERS. Mr. President, those pounded that request, there would be products purchased under a Federal commod- amendments have been cleared on this an objection. So we will not propound a ity purchase program, including the program side. unanimous-consent request, but we authorized under section 32 of the Act of Au- The PRESIDING OFFICER. Without gust 24, 1935 (7 U.S.C. 612c), meet Federal hope that will be all the amendments product specifications. objection, the amendments are agreed we will have to this bill, and we will to. take them up when Senators come to Mr. BUMPERS. There is no objection The amendments (Nos. 4981 and 4982) the floor to offer them. If they don’t on this side, Mr. President. were agreed to, en bloc. come to offer them tonight, we will be The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I move here tomorrow. objection, the amendment is agreed to. to reconsider the vote by which the Mr. BUMPERS. Mr. President, to di- The amendment (No. 4983) was agreed amendments were agreed to. rect a question to the distinguished to. Mr. BUMPERS. I move to lay that chairman and floor manager, as I un- Mr. COCHRAN. Mr. President, I move motion on the table. derstand it, we are going to have a to reconsider the vote by which the The motion to lay on the table was whole slew of votes in the morning on amendment was agreed to. agreed to. the welfare bill, as many as 20. I was Mr. BUMPERS. I move to lay that Mr. COCHRAN. Mr. President, it ap- wondering if the chairman will be will- motion on the table. pears that Senators who were prepared ing to make a unanimous-consent re- The motion to lay on the table was to offer their amendments have come quest that immediately following final agreed to. to the floor and offered and discussed passage of the welfare reform bill to- Mr. COCHRAN. Mr. President, I also the amendments that they have to this morrow that we proceed immediately, understand that Senator HATCH is bill. We understand there are other while the Senators are still here on the going to propose an amendment on the amendments that Senators would like floor, to a vote on the Gregg amend- subject of generic drugs. We will add to offer to this bill. ment and the McCain amendment. that to our list. I have a list, which I am prepared to Mr. COCHRAN. Mr. President, that f read just for the information of all will be in the proposed request which MORNING BUSINESS Senators. It is obvious we are not going the majority leader will propound. to be able to complete action on this That is an excellent idea. We are going Mr. COCHRAN. Mr. President, I ask bill tonight. We do have amendments to try to include that in the request of unanimous consent that there now be a that votes have been ordered on that the majority leader as we wind up busi- period for the transaction of morning will occur tomorrow, and during the ness tonight. business, with Senators permitted to wrap-up tonight, an agreement will be I am told now the amendment of the speak for up to 10 minutes each. proposed for an order in which those Senator from Alaska, Senator MUR- The PRESIDING OFFICER. Without amendments will be taken up and KOWSKI, which we had tried to clear objection, it is so ordered. voted on tomorrow. earlier, has now been cleared for adop- f Let me suggest, if Senators can still tion. THE VERY BAD DEBT BOXSCORE this evening come to the floor to offer AMENDMENT NO. 4983 their amendments, we are prepared to Mr. HELMS. Mr. President, at the (Purpose: To reconcile seafood inspection re- be here for that purpose. quirements for agricultural commodity close of business Friday, July 19, the We have this list: programs with those in use for general Federal debt stood at Senator BURNS, an amendment on public consumers) $5,169,596,709,354.27. barley; Senator BROWN, an amendment Mr. COCHRAN. Mr. President, with On a per capita basis, every man, on water rights; Senator SANTORUM, that understanding, I send an amend- woman, and child in America owes who has eight amendments on peanuts; ment to the desk on behalf of the Sen- $19,482.39 as his or her share of that Senator MIKULSKI, an amendment on ator from Alaska, [Mr. MURKOWSKI], on debt. the Food and Drug Administration; the subject of seafood inspection and f Senator LEAHY on milk orders; Senator ask that it be reported. MID YEAR REPORT—1996 CRAIG on GAO study on agriculture The PRESIDING OFFICER. The workers; Senator LUGAR on double clerk will report. The mailing and filing date of the cropping; Senator KERREY, which he The legislative clerk read as follows: 1996 Mid Year Report required by the has now offered, three amendments; The Senator from Mississippi [Mr. COCH- Federal Election Campaign Act, as Senator MURKOWSKI on seafood inspec- RAN], for Mr. MURKOWSKI, proposes an amended, is Wednesday, July 31, 1996. tion; Senator KERREY, another amend- amendment numbered 4983. All Principal Campaign Committees S8466 CONGRESSIONAL RECORD — SENATE July 22, 1996 supporting Senate candidates for elec- of January 22, 1996, concerning the na- gaging in Libyan oilfield-related trans- tion in years other than 1996 must file tional emergency with respect to Libya actions while another 30 cases involv- their reports with the Senate Office of that was declared in Executive Order ing similar violations are in active Public Records, 232 Hart Building, No. 12543 of January 7, 1986. This report penalty processing. Washington, DC 20510–7116. Senators is submitted pursuant to section 401(c) On February 6, 1996, a jury sitting in may wish to advise their campaign of the National Emergencies Act, 50 the District of Connecticut found two committee personnel of this require- U.S. 1641(c); section 204(c) of the Inter- Connecticut businessmen guilty on ment. national Emergency Economic Powers charges of false statements, conspir- The Public Records office will be Act (‘‘IEEPA’’), 50 U.S.C. 1703(c); and acy, and illegally diverting U.S.-origin open from 8 a.m. until 7 p.m. on the fil- section 505(c) of the International Se- technology to Libya between 1987 and ing date for the purpose of receiving curity and Development Cooperation 1993 in violation of U.S. sanctions. On these filings. For further information, Act of 1985, 22 U.S.C. 2349aa–9(c). May 22, 1996, a major manufacturer of please do not hesitate to contact the 1. On January 3, 1996, I renewed for farm and construction equipment en- Office of Public Records. another year the national emergency tered a guilty plea in the United States District Court for the Eastern District f with respect to Libya pursuant to IEEPA. This renewal extended the cur- of Wisconsin for Libyan sanctions vio- REGISTRATION OF MASS rent comprehensive financial and trade lations. A three-count information MAILINGS embargo against Libya in effect since charged the company with aiding and 1986. Under these sanctions, all trade abetting the sale of construction equip- The filing date for 1996 second quar- ment and parts from a foreign affiliate ter mass mailings is July 25, 1996. If a with Libya is prohibited, and all assets owned or controlled by the Libyan gov- to Libya. The company paid $1,810,000 Senate office did no mass mailings dur- in criminal fines and $190,000 in civil ing this period, the Senator should sub- ernment in the United States or in the possession or control of U.S. persons penalties. Numerous investigations mit a form that states ‘‘none.’’ carried over from prior reporting peri- Mass mailing registrations, or nega- are blocked. 2. There have been no amendments to ods are continuing and new reports of tive reports, should be submitted to violations are being pursued. the Senate Office of Public Records, 232 the Libyan Sanctions Regulations, 31 C.F.R. Part 550 (the ‘‘Regulations’’), 6. The expenses incurred by the Fed- Hart Building, Washington, DC 20510– eral Government in the 6-month period 7116. administered by the Office of Foreign Assets Control (OFAC) of the Depart- from January 6 through July 6, 1996, The Public Records office will be that are directly attributable to the ment of the Treasury, since my last re- open from 8 a.m. to 6 p.m. on the filing exercise of powers and authorities con- date to accept these filings. For further port on January 22, 1996. 3. During the current 6-month period, ferred by the declaration of the Libyan information, please contact the Public OFAC reviewed numerous applications national emergency are estimated at Records office. approximately $733,000. Personnel costs for licenses to authorize transactions were largely centered in the Depart- f under the Regulations. Consistent with ment of the Treasury (particularly in OFAC’s ongoing scrutiny of banking REPORT OF PROPOSED AMEND- the Office of Foreign Assets Control, transactions, the largest category of li- MENTS TO FISCAL YEAR 1997 AP- the Office of the General Counsel, and PROPRIATIONS REQUESTS—MES- cense approvals (91) concerned requests the U.S. Customs Service), the Depart- SAGE FROM THE PRESIDENT— by non-Libyan persons or entities to ment of State, and the Department of PM 162 unblock transfers interdicted because Commerce. of what appeared to be Government of The PRESIDING OFFICER laid be- 7. The policies and actions of the Libya interests. Three licenses were is- Government of Libya continue to pose fore the Senate the following message sued for the expenditure of funds and from the President of the United an unusual and extraordinary threat to acquisition of goods and services in the the national security and foreign pol- States, together with an accompanying United States by or on behalf of ac- icy of the United States. In adopting report; which was referred to the Com- credited persons and athletes of Libya United Nations Security Council Reso- mittee on Appropriations. in connection with participation in the lution 883 in November 1993, the Secu- THE WHITE HOUSE, 1996 Paralympic Games. One license rity Council determined that the con- Washington, July 22, 1996. was issued to authorize a U.S. company tinued failure of the Government of The PRESIDENT OF THE SENATE. to initiate litigation against an entity SIR: I ask the Congress to consider amend- Libya to demonstrate by concrete ac- ments to the FY 1997 appropriations requests of the Government of Libya. tions its renunciation of terrorism, and for the Department of Defense, the Depart- 4. During the current 6-month period, in particular its continued failure to ment of the Treasury, the General Services OFAC continued to emphasize to the respond fully and effectively to the re- Administration, and the Office of Personnel international banking community in quests and decisions of the Security Management. These amendments would not the United States the importance of Council in Resolutions 731 and 748, con- increase the proposed budget totals. identifying and blocking payments cerning the bombing of the Pan Am 103 The details of these actions are set forth in made by or on behalf of Libya. The Of- and UTA 772 flights, constituted a the enclosed letter from the Acting Director fice worked closely with the banks to threat to international peace and secu- of the Office of Management and Budget. I assure the effectiveness of interdiction concur with his comments and observations. rity. The United States will continue Sincerely, software systems used to identify such to coordinate its comprehensive sanc- WILLIAM J. CLINTON. payments. During the reporting period, tions enforcement efforts with those of more than 129 transactions potentially f other U.N. member states. We remain involving Libya were interdicted, with determined to ensure that the per- REPORT CONCERNING THE NA- an additional $7 million held blocked petrators of the terrorist acts against TIONAL EMERGENCY WITH RE- as of May 15. Pan Am 103 and UTA 772 are brought to SPECT TO LIBYA—MESSAGE 5. Since my last report, OFAC col- justice. The families of the victims in FROM THE PRESIDENT—PM 163 lected eight civil monetary penalties the murderous Lockerbie bombing and totaling more than $51,000 for viola- The PRESIDING OFFICER laid be- other acts of Libyan terrorism deserve tions of the U.S. sanctions against fore the Senate the following message nothing less. I shall continue to exer- Libya. Two of the violations involved from the President of the United cise the powers at my disposal to apply the failure of banks to block funds States, together with an accompanying economic sanctions against Libya fully transfers to Libyan-owned or Libyan- report; which was referred to the Com- and effectively, so long as those meas- controlled banks. Two other penalties mittee on Banking, Housing, and ures are appropriate, and will continue were received from corporations for ex- to report periodically to the Congress Urban Affairs. port violations, including one received on significant developments as re- To the Congress of the United States: as part of a plea agreement before a quired by law. I hereby report to the Congress on U.S. district judge. Four additional WILLIAM J. CLINTON. the developments since my last report penalties were paid by U.S. citizens en- THE WHITE HOUSE, July 22, 1996. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8467 MESSAGES FROM THE HOUSE Interior, transmitting, pursuant to law, a received on July 17, 1996; to the Committee rule concerning the West Virginia Regu- on Labor and Human Resources. At 4 p.m., a message from the House latory Program, (WV075–FOR) received on of Representatives, delivered by Mr. EC–3501. A communication from the Direc- July 16, 1996; to the Committee on Energy tor of the Office of Management and Budget, Hays, one of its reading clerks, an- and Natural Resources. Executive Office of the President, transmit- nounced that the House agrees to the EC–3490. A communication from the Direc- ting, pursuant to law, the cumulative report amendment of the Senate to the bill tor of the Office of Surface Mining (Reclama- on rescissions and deferrals dated July 1, (H.R. 497) to create the National Gam- tion and Enforcement), Department of the 1996; referred jointly, pursuant to the order bling Impact and Policy Commission. Interior, transmitting, pursuant to law, the of January 30, 1975, as modified by the order report of three rules including a rule con- f of April 11, 1986, to the Committee on Appro- cerning the Missouri Regulatory Program, priations, to the Committee on the Budget, EXECUTIVE AND OTHER (OK018–FOR) received on July 18, 1996; to the to the Committee on Agriculture, Nutrition, COMMUNICATIONS Committee on Energy and Natural Re- and Forestry, to the Committee on Armed sources. Services, and to the Committee on Govern- The following communications were EC–3491. A communication from the Direc- mental Affairs. laid before the Senate, together with tor of the Office of Regulatory Management EC–3502. A communication from the Acting and Information, Environmental Protection accompanying papers, reports, and doc- Director of the Office of Management and Agency, transmitting, pursuant to law, the uments, which were referred as indi- Budget, Executive Office of the President, report of eight rules entitled ‘‘Clear Air Act cated: transmitting, pursuant to law, the report of Approval and Promulgation of Carbon Mon- the Mid-Session Review of the 1997 Budget; EC–3479. A communication from the Sec- oxide Implementation Plan for the State of referred jointly, pursuant to the order of retary of Defense, transmitting, the notice of Washington: Puget Sound Attainment Dem- January 30, 1975, as modified by the order of a retirement; to the Committee on Armed onstration,’’ (FRL5538–3, 5534–4, 5540–5, 5534–2, April 11, 1986, to the Committee on Appro- Services. 5525–8, 5524–3, 5524–5, 5529–5) received on July priations, and to the Committee on the EC–3480. A communication from the Sec- 18, 1996; to the Committee on Environment Budget. retary of the Department of Housing and and Public Works. Urban Development, transmitting, pursuant EC–3492. A communication from the Acting EC–3503. A communication from the Ad- to law, a report entitled ‘‘Older Americans Assistant Secretary, Legislative Affairs, De- ministrator of the U.S. Small Business Ad- Home Security Act of 1996’’; to the Commit- partment of State, transmitting, pursuant to ministration, transmitting, a draft of pro- tee on Banking, Housing, and Urban Devel- law, the report of a rule entitled ‘‘Amend- posed legislation concerning the Federal opment. ment to the List of Proscribed Destina- budget for fiscal year 1997; to the Committee EC–3481. A communication from the Board tions,’’ received on July 17, 1996; to the Com- on Small Business. of Governors of the Federal Reserve System, mittee on Foreign Relations. EC–3504. A communication from the Under transmitting, pursuant to law, a report rel- EC–3493. A communication from the Assist- Secretary for Domestic Finance, Department ative to the Full Employment and Balanced ant Legal Adviser for Treaty Affairs, Depart- of the Treasury, transmitting, pursuant to Growth Act of 1978; to the Committee on ment of State, transmitting, pursuant to law, a notice concerning Treasury’s out- Banking, Housing, and Urban Affairs. law, a report on international agreements, standing debt; to the Committee on Govern- EC–3482. A communication from the Acting other than treaties, entered into the United mental Affairs. Director of the Office of Management and States in the sixty day period prior to July EC–3505. A communication from the Acting Budget, Executive Office of the President, 11, 1996; to the Committee on Foreign Rela- Director of the Office of Management and transmitting, pursuant to law, a report rel- tions. Budget, Executive Office of the President, ative to direct spending or receipts legisla- EC–3494. A communication from the Acting transmitting, pursuant to law, a report enti- tion; to the Committee on the Budget. Assistant Secretary, Legislative Affairs, De- tled ‘‘1996 Federal Financial Management EC–3483. A communication from the Acting partment of State, transmitting, pursuant to Status Report and Five-Year Plan’’; to the Director of the Office of Management and law, a report relative to assistance to Bosnia Committee on Governmental Affairs. Budget, Executive Office of the President, and Herzogovina; to the Committee on For- EC–3506. A communication from the Dis- transmitting, pursuant to law, a report rel- eign Relations. ative to direct spending or receipts legisla- EC–3495. A communication from the Chair- trict of Columbia Auditor, transmitting, pur- tion; to the Committee on the Budget. man of the National Endowment For the suant to law, the report entitled ‘‘Perform- EC–3484. A communication from the Acting Arts, transmitting, pursuant to law, the re- ance Review of Contract Appeals Process’’; Director of the Office of Management and port under the Freedom of Information Act to the Committee on Governmental Affairs. Budget, Executive Office of the President, for calendar year 1995; to the Committee on EC–3507. A communication from the Dep- transmitting, pursuant to law, a report rel- the Judiciary. uty Independent Counsel, transmitting, pur- ative to direct spending or receipts legisla- EC–3496. A communication from the Com- suant to law, the annual report of the Inde- tion; to the Committee on the Budget. missioner of the Immigration and Natu- pendent Counsel; to the Committee on Gov- EC–3485. A communication from the Gen- ralization Service, Department of Justice, ernmental Affairs. eral Counsel, Department of Transportation, transmitting, pursuant to law, the rule enti- EC–3508. A communication from Chair of transmitting, pursuant to law, the report of tled ‘‘Removal of Form I–151,’’ (RIN1115– the Federal Energy Regulatory Commission, four rules entitled ‘‘Amendment to Defini- AD87) received on July 16, 1996; to the Com- transmitting, pursuant to law, the report tion of Substance Abuse Professional,’’ mittee on the Judiciary. under the Government in the Sunshine Act (RIN2105–AC33, 2105–AC37, 2115–AA97, 2127– EC–3497. A communication from the Assist- for calendar year 1995; to the Committee on AG25) received on July 18, 1996; to the Com- ant Attorney General (Office of Legislative Governmental Affairs. mittee on Commerce, Science, and Transpor- Affairs), transmitting, a draft of proposed EC–3509. A communication from the Execu- tation. legislation entitled ‘‘Forfeiture Act of 1996’’; tive Director for the Committee for Purchase EC–3486. A communication from the Gen- to the Committee on the Judiciary. from People Who Are Blind or Severely Dis- eral Counsel, Department of Transportation, EC–3498. A communication from the Direc- abled, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of tor of Communications and Legislative Af- port of a rule entitled ‘‘Additions to the Pro- seven rules entitled ‘‘Airworthiness Direc- fairs, Equal Employment Opportunity Com- curement List,’’ received on July 15, 1996; to tives,’’ (RIN2120–AA64, 2120–AA66, 2120–AA63) mission, transmitting, pursuant to law, a re- the Committee on Governmental Affairs. received on July 18, 1996; to the Committee port relative to the Indicators of Equal Em- EC–3510. A communication from the Dep- on Commerce, Science, and Transportation. ployment Opportunity-Status and Trends; to uty Director, Office of Personnel Manage- EC–3487. A communication from the Sec- the Committee on Labor and Human Re- ment, transmitting, pursuant to law, the re- retary of Energy, transmitting, pursuant to sources. law, the report of the Demonstration and EC–3499. A communication from the Direc- port of a rule entitled ‘‘Prevailing Rate Sys- Commercial Application of Renewable En- tor of the Regulations Policy Management tems,’’ (RIN3206–AH54) received on July 15, ergy and Energy Efficiency Technologies Staff, Office of Policy, Food and Drug Ad- 1996; to the Committee on Governmental Af- Program for calendar year 1995; to the Com- ministration, Department of Health and fairs. mittee on Energy and Natural Resources. Human Services, transmitting, pursuant to EC–3511. A communication from the Direc- EC–3488. A communication from the Com- law, the report of a rule entitled ‘‘Antibiotic tor of Defense Procurement, Department of missioner of the Bureau of Reclamation, De- Drugs: Clarithromycin Granules for Oral Defense, transmitting, pursuant to law, the partment of the Interior, transmitting, pur- Suspension,’’ received on July 17, 1996; to the report of a rule entitled ‘‘Defense Federal suant to law, a report relative to the Committee on Labor and Human Resources. Acquisition Regulation Supplement,’’ re- Bradbury Dam, Cachuma Project, California; EC–3500. A communication from the Direc- ceived on July 18, 1996; to the Committee on to the Committee on Energy and Natural Re- tor of the Office of Communications and Leg- Governmental Affairs. sources. islative Affairs, Equal Employment Oppor- EC–3512. A communication from the Direc- EC–3489. A communication from the Direc- tunity Commission, transmitting, pursuant tor of the U.S. Office of Personnel Manage- tor of the Office of Surface Mining (Reclama- to law, the report of a rule entitled ‘‘Elemen- ment, transmitting, pursuant to law, a re- tion and Enforcement), Department of the tary-Secondary Staff Information Report,’’ port concerning the Federal Employees S8468 CONGRESSIONAL RECORD — SENATE July 22, 1996 Health Benefits Program, (RIN3206–AG66) re- piece of legislation that we feel is im- deficits mean that we are buying more ceived on July 17, 1996; to the Committee on portant and timely. It is a piece of leg- from abroad than we are selling to Governmental Affairs. islation that we have discussed for other countries. It means that jobs EC–3513. A communication from the Dep- many months and are now prepared to that normally would have been created uty Associate Administrator for Acquisition introduce in the hope that we would be in our country are created elsewhere. Policy, Office of Policy, Planning and Eval- uation, General Services Administration, able to do the things necessary to It means jobs are moving from our transmitting, pursuant to law, the report of allow it to become law between now country to foreign countries. Less op- fifteen rules entitled ‘‘Federal Acquisition and the end of this legislative session. portunity here, more opportunity Circular 90–40,’’ received on July 18, 1996; to Simply put, this piece of legislation abroad. the Committee on Governmental Affairs. deals with a deficit. There has been a When you see these kinds of policies f great deal of discussion in the Congress that inherently weaken our manufac- in recent years about deficits, almost turing base and sap our economic REPORTS OF COMMITTEES all of it dealing with the question of strength, you have to be prepared to The following reports of committees budget deficits. Those deficits are a say that this is a serious problem for were submitted: problem and have been a problem, and this country. We must address it. Just By Mr. PRESSLER, from the Committee we have tried in a number of ways, as we have been addressing the other on Commerce, Science, and Transportation, both on the Democratic side and on the deficit, the budget deficit, so, too, we with an amendment: Republican side, in different kinds of must address this issue of 20 years of S. 1839. A bill to authorize appropriations approaches, to bring down the budget growing merchandise trade deficits. for fiscal year 1997 to the National Aero- deficit. The next chart is a chart that shows nautics and Space Administration for human I am pleased to say a substantial that projections by econometric firms space flight; science, aeronautics, and tech- amount has been accomplished. The and forecasting firms tell us that the nology; mission support; and Inspector Gen- budget deficit has been reduced almost trend line by Data Resources indicates eral; and for other purposes (Rept. No. 104– 327). in half in the last 3 to 4 years. The that the merchandise trade deficit will By Mr. HATCH, from the Committee on budget deficit is down and is coming reach over $330 billion by the year 2006, the Judiciary, with an amendment in the na- down. In fact, a report just last week 10 years from now. Wharton Econo- ture of a substitute: by the Congressional Budget Office was metrics projects a doubling of the trade S. 1734. A bill to prohibit false statements an extraordinarily optimistic report deficit by the year 2010. to Congress, to clarify congressional author- about further reductions in the budget These are the forecasting groups who ity to obtain truthful testimony, and for deficit. say, ‘‘Here is what we think will hap- other purposes. However, there is another deficit pen to the merchandise trade deficit.’’ f that almost no one speaks about. It is They see a doubling of the trade defi- called the merchandise trade deficit, cit. This is Data Resources: $331 billion INTRODUCTION OF BILLS AND and it is growing and getting larger. by the year 2006. Clearly, that is a JOINT RESOLUTIONS We are going to introduce a piece of course that this country should not ac- The following bills and joint resolu- legislation today that establishes a cept. Clearly, we ought to do some- tions were introduced, read the first commission. It asks that an emergency thing about it. and second time by unanimous con- commission to end the trade deficit be The next chart. The United States, in sent, and referred as indicated: impaneled to review economic and a very few short years, has moved from By Mr. DORGAN (for himself and Mr. trade policies, tax and investment laws being in the position of the world’s BYRD): and other incentive and restrictions largest creditor Nation to being the S. 1978. A bill to establish an Emergency that affect trade, with the hope that world’s largest debtor Nation. That has Commission To End the Trade Deficit; to the recommendations can be made that happened in a very short period of Committee on Finance. Congress will be able to embrace to not time. This is an astounding change in By Mr. JEFFORDS: only reduce this trade deficit but also our country’s economic position. S. 1979. A bill to amend the Social Security Now, think of this as a neighborhood, Act to help disabled individuals become eco- to end the trade deficit. nomically self-sufficient and eligible for I will offer a couple of charts to show and you look at one house over near a health care coverage through work incen- my colleagues what has happened with driveway with very nice shutters, a tives and a medicare buy-in program, and for respect to the trade deficit. We have manicured lawn, a pretty home, with other purposes; to the Committee on Fi- had 20 consecutive years of trade defi- five or six cars sitting outside in the nance. cits, totaling $1.8 trillion. Last year, driveway. You think to yourself, gee, By Mr. LAUTENBERG: we had the largest negative trade bal- that person is really doing well—except S. 1980. A bill to prohibit the public carry- ance in history. This chart shows, and the person is very close to going under, ing of a handgun, with appropriate excep- the red demonstrates, the merchandise because it is all borrowed money. That tions for law enforcement officials and oth- is what is happening with our merchan- ers; to the Committee on the Judiciary. trade deficit. By Mr. CRAIG: These are troublesome because trade dise trade deficit, and why we are going S. 1981. A bill to establish a Joint United deficits must be repaid with a lower from the largest creditor Nation in the States-Canada Commission on Cattle and standard of living in the United States. world to being the largest debtor Na- Beef to identify, and recommend means of You can make a more direct case on tion in the world. resolving, national, regional, and provincial national budget deficits. That is money The next chart I want to show de- trade-distorting differences between the people owe to themselves, and except scribes our trade deficit by country. countries with respect to the production, for the maldistribution of the debt, it You will see the largest trade deficit, processing, and sale of cattle and beef, and is not such a big deal. I do not make by far, is with Japan. We have had this for other purposes; to the Committee on Fi- that case on the trade deficit, but some for a long while. It is continuing and nance. economists might. Nobody can make a abiding and does not seem to change. It f case with respect to the trade deficit, was nearly $60 billion last year. China STATEMENTS ON INTRODUCED except this: Trade deficits must be and was $34 billion. Canada and Mexico to- BILLS AND JOINT RESOLUTIONS will be repaid by a lower standard of gether were about $33 billion. A very living in this country. And they must substantial problem. Six countries By Mr. DORGAN (for himself and be repaid someday. make up 94 percent of our country’s Mr. BYRD): This chart shows what has happened trade deficit. S. 1978. A bill to establish an Emer- to the trade deficits. There has been Now, part of the problem is that gency Commission To End the Trade very little discussion in the Congress these countries have not completely Deficit; to the Committee on Finance. about what is causing the trade deficit, opened up their borders to our goods. THE END THE TRADE DEFICIT ACT in what direction it is headed, and how Yet, they ship their goods to our coun- Mr. DORGAN. Mr. President, I am to begin to develop some policies to ad- try in wholesale quantities. When we pleased today to come to the floor with dress it. want to move goods into their coun- my colleague and friend, Senator BYRD The trade deficit also represents tries, we are told that we are doing bet- from West Virginia, to introduce a some other underlying problems. These ter. But we are not doing good enough July 22, 1996 CONGRESSIONAL RECORD — SENATE S8469 because our manufacturers, businesses, tematic reduction of the trade deficit relate to this chronic and growing and workers cannot get our products and, hopefully, an end to the trade defi- trade deficit tend to undermine Ameri- into those countries on nearly the cit. ca’s manufacturing capability. No same basis as they move their products This would be an 11-member commis- country—none—will ever remain a into our country. sion. It would have 16 months to world economic power unless it retains One common myth with respect to present its report to Congress and the its manufacturing base. That is what is this trade issue is that what we are im- President. We do this today because we slowly eroding and being washed away porting into this country is really the think it is time—probably past the by these chronic, troublesome trade product of cheap labor, and that low- time—to be thinking of what these deficits. skill, cheap labor products are being trade deficits and what the projections Senator BYRD and I do not propose sent into this country. Not true. Not of where the trade deficits are going to solutions or strategies that would have true at all. Seventy-five percent of go will mean to this country. us withdraw from the global economy, what the U.S. imports are high-tech As I conclude, Mr. President, I want or have us retreat from the world trade and value-added manufactured goods: to make a point. I am honored to have system. But we do insist it is in this Automobiles, automobile parts, elec- Senator BYRD join me in this endeavor, country’s best interest to achieve a tronics, office machines, telecommuni- and I hope very much that, by the end balance of trade and to end these cations. That is what is coming into of this year, this will be law and we chronic trade deficits that injure our our country. It is not trinkets produced will have a commission to evaluate country’s well-being and lead to a de- with low-wage labor. Rather, it is high- this and make recommendations to the creased standard of living in America. tech, value-added manufactured goods. Congress. Mr. President, the future of our Na- I want to show one additional chart The minute someone comes to the tion is being undermined by a problem that describes that in the past 25 years floor of the Senate and begins talking that simply is not getting adequate at- the imports of manufactured goods about trade and talking about trade tention or concern. There are those into our country has risen and risen deficits, two things happen: One, people who do not even acknowledge that it is and risen. Today it is at the point start to yawn. They say, ‘‘Well, this is a problem, despite the fact it has where imports now equal 56 percent of so boring. It is uninteresting.’’ They do reached record proportions. our manufacturing capacity. That not want to talk about it. Or, two, they Our Nation’s trade deficit is one of means imports today are equal to over immediately rise on their haunches, the twin deficits that this country one-half of our domestic manufactur- and say, ‘‘Well, what you are is some- must address. Today the trade deficit ing capacity. one who wants to close America’s bor- is the larger twin, yet most of our at- No wonder the purchasing power of ders; you are some kind of a isolation- tention is still focused on the Federal hourly and weekly wages in this coun- ist; a xenophobic stooge who doesn’t budget deficit. We need to solve these try for the vast majority of working understand the complexities of inter- twin deficit problems, because together Americans are back down to levels, in national trade.’’ and individually they are threatening some cases, in constant dollars, to the I do not want to close America’s bor- the economic security of Americans. 1950’s and 1960’s. That kind of down- ders. I want more trade—not less trade. Today I am introducing legislation to ward pressure means fewer jobs in this I want expanded opportunity for Amer- address this crucial problem. The End country, and the jobs that exist in the ican products and workers. But I want the Trade Deficit Act will establish a manufacturing sector pay less and have to finally make sure that we reduce commission to develop plans to end the less security. and finally eliminate the trade deficit, trade deficit in the next 10 years, and Now, if you take this trade deficit and have some balance in trade by de- establish a competitive trade policy for and calculate it with respect to the ciding that it is important that Amer- the 21st century which will not only in- common calculations about jobs, they ica shall not be taken advantage of in crease production and manufacturing talk about 20,000 jobs per $1 billion in international trade. in our country, but also job opportuni- exports. If we export $1 billion worth of For 50 years our trade policy was our ties, and wages. American goods, they say that means foreign policy. And we would do this Just as balancing the budget has we created 20,000 additional jobs. If you and that and the other thing to help come to represent the need to take a would use the same formula, it should various countries as a matter of for- more disciplined approach to deciding be equally true that, for $1 billion eign policy. Lets look at the first 25 of our national priorities, our goal in end- worth of imports, someone else had the those 50 years. Let’s look at income in ing the trade deficit must be to develop 20,000 jobs and we did not. That means this country for workers. After all, a more disciplined approach in deciding that last year’s trade deficit represents that is what really matters. At the end and carrying out our Nation’s trade a loss of somewhere around 3.5 million of the day have we increased the stand- policies. good jobs. Just the increase in that ard of living for the American worker Our trade deficit is symptomatic of trade deficit from 1994 to 1995 would and the American family. If you look larger economic conditions and ques- mean a loss of 166,000 jobs. at the first 25 of those 50 years their in- tions that must be addressed. My pur- What we propose today—Senator comes went steadily upward because pose in this legislation is not simply to BYRD and myself, and, hopefully, oth- we had a trade policy that was really get rid of the red figures at the bottom ers who will join us—would be an emer- just foreign policy and we still beat ev- of our trade ledger. Instead, it is to gency commission to end the trade def- erybody else in the world with one help develop the national economic and icit. We would propose that this com- hand tied behind our back. In the first trade strategies which will rebuild the mission review five broad areas of 25 years, incomes went steadily upward American economy and the American trade policy concerns: The manner in with an increasing standard of living. dream. which the Government establishes and What about the second 25 years. Look GROWTH OF TRADE DEFICIT administers our fundamental trade at the graph. What you will see is a Many economists predicted that our policies and objectives, No. 1; No. 2, the steady diminution of income and secu- trade deficit would disappear as we re- causes and consequences of the persist- rity for American workers. duced our Nation’s budget deficit. That ence and the growth of the overall Often people sit around their supper is not what is happening. The fact is trade deficit, as well as the bilateral table talking about their lot in life. that in the past few years we are bring- trade deficits; No. 3, the relationship of They are working harder and working ing down our budget deficit. Yet, we U.S. trade deficits to the competitive more hours. More people in the family have recorded back to back record mer- and comparative advantages within the are working. And, adjusted for infla- chandise trade deficits during the past global economy; No. 4, the relationship tion, they are making the same or less 2 years. Our budget deficit is going between the growth of direct invest- than they were 20 years ago. down while our trade deficit continues ment both into and out of the United The fact is we must do something to to grow. States and the trade deficit; finally, try to strengthen and maintain a Last year, the United States experi- No. 5, the development of policies and strong manufacturing base in this enced its 20th consecutive annual mer- alternative strategies to achieve a sys- country. And the circumstances that chandise trade deficit. During these S8470 CONGRESSIONAL RECORD — SENATE July 22, 1996 past two decades we have piled up a Together with the record merchan- of negotiations under the General total merchandise trade deficit of $1.8 dise trade deficit this past year, the Agreement on Tariffs and Trade has re- trillion. value of the U.S. dollar fell to its weak- sulted in the creation of the World The trend line in the growth of this est level in history. Yet, despite the Trade Organization. deficit should be of great concern to weakening dollar, our trade deficit has Globalization is part and parcel of the American people. Last year we had continued to mount. the increased mobility of capital and the largest negative merchandise trade Neither the American consumer nor technology that is reshaping compara- balance in the history of the United the American economy is making any tive and competitive advantages States. The $175 billion merchandise long-term gains by the continuing among nations of the world. trade deficit was larger than the $164 trade deficit and the devaluation of the While other nations and many multi- billion federal budget deficit. dollar. Instead, they represent an ero- national companies are enjoying the An econometric forecasting firm, sion of both our sovereignty and our fruits of globalization, the United Data Resources, Inc., is projecting that economy. States is not realizing the full opportu- nities or benefits of its competitive ca- our Nation’s merchandise trade deficit CAUSES OF TRADE DEFICITS will continue to grow reaching new Our merchandise trade deficit is a re- pacity and productivity. Unilateral free trade no longer serves records in the next few years. Based on sult of a serious trade imbalances with long-term trends, Data Resources is the interests of the American people, if a handful of countries. Six countries it ever did. We need fair rules and re- forecasting that the merchandise trade comprise 94 percent of the U.S. mer- deficit can be expected to almost dou- ciprocal market access if our competi- chandise trade deficit. This includes tive economy is to thrive within a ble during the next 10 years to $331 bil- Japan, China, Canada, Mexico, Ger- global system. I am not calling for lion. Wharton Econometrics is fore- many, and Taiwan. Over one-half this trade restrictions. Rather I am calling casting that the U.S. merchandise trade deficit is with only two coun- for expanded trade, but with rules that trade deficit will double by the year tries: Japan and China. are fair. 2010. Our trade relationships are most ac- EMERGENCY COMMISSION As a result of our twin deficits, the curately described as unilateral free United States has shifted from being The United States is once again at a trade. As a nation we have opened our critical juncture in trade policy devel- the world’s largest creditor nation to borders wide open to almost anything opment. The persistence and growth of the world’s largest debtor nation. Our and everything that can be produced the trade deficit must be reversed. We country has gone from a net creditor anywhere. Unfortunately we pay little must identify the causes and con- position of over $250 billion in the early attention to the conditions under sequences of our trade deficit. 1980’s to a net debtor position of over which these goods have been produced Rather than allowing our trade defi- three-quarters of a trillion dollars by or if the competition is fair. cit to double during the next 10 years, the mid-1990’s. The positive net inter- At the same while the United States we need to develop a plan which would national asset position that we had has one of the most open borders and end the trade deficit in that time pe- built up over the past 100 years was open economies in the world, this Na- riod. That is why I am introducing a eliminated in a short 6-year period dur- tion faces significant barriers in ship- bill with Senator BYRD today to estab- ing the 1980’s. ping American goods abroad. As a re- lish an Emergency Commission To End We used to earn $30 billion annually sult, these negative trade balances do the Trade Deficit. on our international assets. Now we are not reflect the actual competitiveness The purpose of this Commission is to paying something in the neighborhood or the productivity of the American develop a comprehensive trade strat- of $11 billion to service this inter- economy. Yet, there is no question egy to eliminate the merchandise trade national debt. that we are one of the most competi- deficit by the year 2006 and to develop IMPORTANCE OF TRADE DEFICIT tive economies in the world. a competitive trade policy for the 21st The persistence and growth of our Instead most of our bilateral trade century. trade deficit is not just a concern of deficits effectively illustrate the bar- The bill directs the Commission to academics and ivory tower economists. riers that continue to exist despite develop the necessary strategies to It is a question of fair trade and fair hundreds of new trade agreements in achieve a trade balance that fully re- competition. It is an issue of American recent years. As documented annually flects the competitiveness and produc- jobs and the purchasing power of Amer- in the reports of the Office of the U.S. tivity of the U.S. economy while im- ican wage earners. It is a matter of Trade Representative reciprocal mar- proving the standard of living for the what opportunities we will have for our ket access remains an elusive goal. people of this country. future. ENDING THE TRADE DEFICIT It would require the Commission to Today the bulk of the products that As a nation we need to bring the examine our national economic poli- we import are not labor-intensive same attention and the same commit- cies, trade laws, tax laws, investment goods. Instead our merchandise trade ment to working on the trade deficit policies, and all the other legal incen- tives and restrictions that are relevant deficit consists primarily of high-tech- that we are giving to reducing our nology, manufactured items. Autos, of- to the trading position of this country. budget deficit. The Commission would look at five fice equipment, electronic goods, and It has been a quarter of a century broad areas: telecommunications equipment make since the last comprehensive review of First, the manner in which the Gov- up three-fourths of the imports. national trade and investment policies ernment of the United States estab- Imports of manufactured goods have was conducted by a Presidential com- lishes and administers the Nation’s increased from 11 percent of the total mission. In these past 25 years we have fundamental trade policies and objec- U.S. manufacturing gross product to had only 3 years in which the United tives. over 50 percent. This means that rather States has had trade surpluses. Second, the causes and consequences than expanding our own manufacturing We have witnessed massive world- of the persistence and growth of the base in this country, we are importing wide economic and political changes in overall trade deficit, as well as our bi- more of our manufactured goods from the past 25 years. These changes have lateral trade deficits. abroad. It means that we are shipping profoundly affected world trading rela- Third, the relationship of U.S. trade jobs overseas. tionships. deficits to the competitive and com- The bottom line is that we are shift- The cold war has ended. It is no parative advantages within the global ing from a manufacturing, production- longer necessary or even prudent for economy. based economy with high wages, to a U.S. trade policy to take a back seat to Fourth, the relationship between in- service-based economy with low wages. our foreign policy objectives. vestment flows, both into and out of No wonder the purchasing power of Regional trade relationships includ- the United States, and the trade defi- hourly and weekly wages of the vast ing the European Union and the North cit. majority of working Americans are American Free Trade Agreement are Fifth, the identification and evalua- back down to levels we haven’t seen redefining political, economic, and tion of policies and alternative strate- since the 1950’s and 1960’s. trading geography. The Uruguay round gies by which the United States can July 22, 1996 CONGRESSIONAL RECORD — SENATE S8471 achieve the systematic reduction of the Mr. BYRD. Mr. President, I am what is really transpiring in our econ- trade deficit and the improvement of pleased to join with the very distin- omy, given the very recent nature of the economic well being of its people. guished Senator from North Dakota in these annual persistent deficits. This Commission would consist of a introducing an ambitious new effort on Certainly we know that the deficit blue-ribbon panel of leaders from a the matter of our nation’s persistent reflects on the ability of American broad spectrum of the economic life of and growing trade deficit. This legisla- business to compete abroad. We want our Nation. The members would be ap- tion—as the distinguished Senator has to be competitive. Certainly we know pointed by the President and the lead- already explained—would establish a that specific deficits with specific trad- ership of Congress. They would be Commission to take a broad, thorough ing partners causes frictions between given the responsibility to study the look at all important aspects of trends the United States and those friends and situation, gather necessary data, con- involving, and solutions to, the grow- allies. This is particularly the case duct at least seven public hearings, and ing U.S. trade deficit, with particular with Japanese, as we are well aware, evaluate strategies to end the trade attention to the manufacturing sector. and is becoming quickly the case with deficit. The trade deficit, as my colleagues China. It is clear that the trade deficit The Commission would be required to know, is a recent phenomenon, with has contributed to the depreciation of present its final report not later than large annual deficits only occurring the dollar and the ability of Americans 16 months following the enactment of within the last 15 years, or so, as my to afford foreign products and Amer- this bill. The final report would outline colleague has explained. Between 1970 ican products as well. Less clear, but of its findings and conclusions, and pro- and 1995, the U.S. merchandise trade vital importance, is the relationship of vide a detailed plan for reducing our balance shifted from a surplus of $3.2 the trade deficit to other important Nation’s trade deficits together with billion to a deficit of $159.6 billion. It policy questions on the table between recommendations on administrative did not reach sizeable levels until it the United States and our foreign trad- and legislative actions that may be re- jumped up to $52 billion in 1983. As my ing partners. Attempts by the United quired to achieve that goal. colleague has suggested, projections by States to reduce tariff and non-tariff The Commission’s report would be econometric forecasting firms indicate barriers in the Japan and China mar- submitted to the President and the long term trends will bring this figure kets, which clearly restrict access of Congress for review, consideration, and to $300 billion or more within the next U.S. goods to those markets, have been implementation. To facilitate the Com- 10 years. No one is predicting a decline crippled by the intervention of other, mission’s report through Congress, this in the near future. And this is bad more important policy goals. bill would have the House Ways and news. Thus, unless we act, our trade During the cold war, the U.S.-Japan Means Committee and the Senate Fi- deficit will soon exceed our annual ap- security relationship had a severe nance Committee conduct hearings on propriations for the Department of De- dampening effect on our efforts to re- the report within 6 months after it is fense. duce the myriad barriers in Japan to submitted to Congress. This legislation is committed to a U.S. exports. The same effect appears TIME FOR CHANGE goal of reversing that 10-year trend. to have resulted from our need for the Today it is apparent that we do not The goal of the commission is to ‘‘de- Japanese to participate in our treasury have a consensus about where we velop a national economic plan to sys- bill auctions. This becomes a closed should go with our national trade poli- tematically reduce the U.S. trade defi- cycle—the need to finance the trade cies. We are not even sure whether we cit and to achieve a merchandise trade deficit with foreign capital, resulting have the necessary tools to effectively balance by the year 2006.’’ in regular involvement of the Japanese achieve our trade goals. While it is not clear what the par- government in our treasury bill auc- Most importantly, we do not have a ticular reasons for this growing trade tions, seems to dampen our efforts to good set of alternatives and strategies deficit may be, nor what the long term push the Japanese on market opening to place before the American people so impacts of a persistently growing defi- arrangements. Naturally, without re- that they can effectively participate in cit may be, the time is overdue for a ciprocal open markets, the trade im- making the decisions that are shaping detailed examination of the factors balance remains exaggerated between their future. causing the deficit. We need to under- the U.S. and Japan, prompting further It is time to develop a new trade stand the impacts of it on specific in- need for Japanese financial support to strategy for the twenty-first century. dustrial and manufacturing sectors. fund our national debt. Thus, some We can get started on this path by Furthermore, we need to identify the argue that the need for Japanese in- making our first goal to end the trade gaps that exist in our data bases and volvement in financing our national deficit. Once we have set that goal, economic measurements to adequately debt hurts the ability of our trade ne- then we need the strategies to get understand the specific nature of the gotiators to get stronger provisions in there. That is why I believe it is time impacts of the deficit on such impor- the dispute settled last year over the for such a commission. tant things as our manufacturing ca- Japanese market for auto parts. I am pleased that Senator ROBERT pacity and the integrity of our indus- Similar considerations appear to pre- BYRD is cosponsoring this legislation. I trial base, on productivity, jobs and vail in negotiating market access with hope others will join us in this effort wages in specific sectors. the Chinese in the area of Intellectual and look forward to working with them We debate the trade deficits fre- Property rights. While our Trade Nego- in moving forward on this critically quently. Both Senator DORGAN and I tiator managed a laudable, very spe- important agenda for our future. have participated in these debates. I cific agreement with the Chinese last Mr. President, let me now yield the voted against NAFTA. I voted against year in this area, the Chinese were der- floor. The Senator from West Virginia GATT, and for good reasons which are elict in implementing it, leading to an- under the unanimous-consent agree- becoming clearer. other high-wire negotiation this year ment would also like to address the So we debate these deficits fre- to avoid $2 billion of trade sanctions on piece of legislation that we will intro- quently. We moan about them. We the Chinese, and to get the Chinese to duce in the Senate today. groan about them. We complain about implement the accord as they had Mr. BYRD. Mr. President, how much them. But if we do not understand the promised. Again, it is unclear whether of the 30 minutes are remaining? nature, impacts and long term the Chinese will now follow through in The PRESIDING OFFICER. The Sen- vulnerabilities that such manufactur- a consistent manner with the imple- ator has 18 minutes remaining. ing imbalances create in our economy menting mechanisms for the Intellec- Mr. BYRD. Mr. President, I ask unan- and standard of living, we are in the tual Property agreement belatedly imous consent that should I need an dark. It appears to me that debate over agreed to in the latest negotiation. In- additional 5 minutes under the same trade matters too often takes on the tellectual Property is an area of great terms and conditions that I be allowed form of lofty rhetorical bombast of so- potential for U.S. exports to China. to have that time. called ‘‘protectionists’’ versus so-called The Chinese have promised major ac- The PRESIDING OFFICER. Without ‘‘free traders.’’ But I would suggest tion against piracy of CD’s, movies, objection, it is so ordered. that neither side knows enough about and other products, and to permit co-production S8472 CONGRESSIONAL RECORD — SENATE July 22, 1996 of audiovisual products and joint ven- ‘‘And, if folks even slip and are dropping, THE WORK INCENTIVE AND SELF-SUFFICIENCY tures regarding artists. This is a major It isn’t the slipping that hurts them so ACT OF 1996 test case of our ability to obtain appro- much, As the shock down below when they’re stop- ∑ Mr. JEFFORDS. Mr. President, I in- priate access to the great Chinese mar- troduce the Work Incentive and Self- ket. We need to monitor it carefully. ping.’’ So day after day, as these mishaps occurred, Sufficiency Act of 1996. I believe that The highly trumpeted mantra about Quick forth would these rescuers sally few people are returning to work after how the U.S.-China relationship will be To pick up the victims who fell off the cliff, becoming eligible for Social Security one of the most important, if not the With their ambulance down in the valley. disability income [SSDI] not because most important, U.S. bilateral rela- Then an old sage remarked: ‘‘It’s a marvel to they can no longer find gainful employ- tionship for the next half century, has me ment, but because of a greater sys- a chilling effect on insisting on fair, re- That people give far more attention temic problem we face as a nation. ciprocal treatment, and good faith im- To repairing results than to stopping the What I am referring to is this country’s plementation of agreements signed cause, current schizophrenic national disabil- with the Chinese government. When they’d much better aim at prevention. It will only be when we truly under- Let us stop at its source all this mischief,’’ ity policy. cried he, The laudable policy we set forth in stand the specific impacts of this large ‘‘Come, neighbors and friends, let us rally; deficit on our economy, particularly If the cliff we will fence we might almost dis- the Americans With Disabilities Act of our industrial and manufacturing base, pense 1990 [ADA] which requires that re- that the importance of insisting on fair With the ambulance down in the valley.’’ sources be provided to promote func- play on the trade account will become ‘‘Oh, he’s a fanatic,’’ the others rejoined, tioning and work for people with dis- clear. ‘‘Dispense with the ambulance? Never! abilities, as well as, income support for Finally, the legislation being intro- He’d dispense with all charities, too, if he those who cannot work or whose abil- duced by the distinguished Senator could; ity to work is very limited, are not from North Dakota, [Mr. DORGAN], re- No! No! We’ll support them forever. well integrated into our current SSDI quires the Commission to examine al- Aren’t we picking up folks just as fast as and SSI programs. This is a very com- ternative strategies which we can pur- they fall? plex problem that we must deal with if sue to achieve the systematic reduc- And shall this man dictate to us? Shall he? Why should people of sense stop to put up a we ever expect to get our Federal defi- tion of the deficit, particularly how to cit under control. retard the migration of our manufac- fence, While the ambulance works in the valley’’ turing base abroad, and the changes I remember when we reported the that might be needed to our basic trade But a sensible few, who are practical too, ADA out of the Labor and Human Re- Will not bear with such nonsense much sources Committee, the committee agreements and practices. longer; These are the purposes of the Com- made explicit that the goals of this law They believe that prevention is better than were to provide people with disabilities mission that Senator DORGAN and I are cure, proposing in this legislation. And I join And their party will soon be the stronger. with: equality of opportunity, full par- with him in welcoming other Senators Encourage them then, with your purse, ticipation, independent living, and eco- to cosponsor this legislation. voice, and pen, nomic self-sufficiency. Disability is not We can either continue to blunder And while other philanthropists dally, just a characteristic of individuals, but along without a clear sense of the im- They will scorn all pretense and put up a is a description of how well someone is portance of the U.S. manufacturing stout fence able to fit into our society which in- base or of how to protect and enlarge On the cliff that hangs over the valley. cludes his or her capacity to work. To Better guide well the young than reclaim provide for a clear and consistent na- upon that base or we can begin now to them when old, gather the data that will lead us in the For the voice of true wisdom is calling, tional disability policy we must make right direction for the future of U.S. ‘‘To rescue the fallen is good, but ‘tis best sure that the incentives, and goals of trade policy. To prevent other people from falling.’’ our public programs, SSDI, SSI, Medi- In other words, we can put up the Better close up the source of temptation and care, and Medicaid work in conjunction right fences now or deal with a very crime with the private sector. sick economy and an ever-spiraling Than deliver from dungeon or galley; Better put a strong fence round the top of Many disabled individuals would like trade deficit which may take our econ- to return to work, but they are heavily omy right over a very dangerous cliff the cliff penalized for there efforts to do so. For in the years ahead. Than an ambulance down in the valley. example, some courts have determined Mr. President, there is an old poem I commend the Senator from North that was written by Joseph Malins Dakota for his studious approach to that if a person qualifies for SSDI, but many years ago which I think aptly de- this question and for choosing the then wants to try to go back to work scribes the situation we are in. route of prevention over the ambulance and can’t find a job, they have no cause of action under the ADA. I believe that FENCE OR AN AMBULANCE down in the valley. I am pleased to join him in offering this proposal for the the greatest disincentive for disabled ‘Twas a dangerous cliff, as they freely con- individuals to return to work is the fessed, consideration of the Senate, and I hope Though to walk near its crest was so pleas- that many of our colleagues will join fear of losing their health care cov- ant; us, and that we can secure passage of erage. These individuals literally may But over its terrible edge there had slipped the proposal before the 104th Congress not survive without health care cov- A duke and full many a peasant. adjourns sine die this fall. erage. Their condition often requires So the people said something would have to Mr. President, I thank my colleague immediate utilization of health serv- be done, ices and they cannot go, for, even for a But their projects did not at all tally; for his courtesy in allowing me to join in cosponsoring this very important short period of time, without the secu- Some said, ‘‘Put a fence around the edge of rity of knowing they have guaranteed the cliff,’’ legislation. I thank him for his cour- Some, ‘‘An ambulance down in the valley.’’ tesy in securing the time on this day health coverage. It is understandable that they would prefer not to work if it But the cry for the ambulance carried the and for his yielding to me that I might day, add to the record. I yield the floor. will jeopardize this lifeline. For it spread through the neighboring city; I yield back such time as I may have. Also in the labor market, despite the A fence may be useful or not, it is true, ADA, there is a disincentive to hire or But each heart became brimful of pity By Mr. JEFFORDS: maintain the disabled employee. The For those who slipped over that dangerous S. 1979. A bill to amend the Social Se- disabled employee will likely have a cliff; And the dwellers in highway and alley curity Act to help disabled individuals chronic high cost illness and if the em- Gave pounds or gave pence, not to put up a become economically self-sufficient ployer offered a health plan they would fence, and eligible for health care coverage be covered under this plan. It is impor- But an ambulance down in the valley. through work incentives and a medi- tant to keep in mind that all employer ‘‘For the cliff is all right, if you’re careful,’’ care buy-in program, and for other pur- group health plans, both insured and they said, poses; to the Committee on Finance. self-insured, are covered under ERISA. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8473 Under ERISA, the employer currently some who were in the work force $1,200 to $1,800. The next month these has substantial flexibility in not only longer at higher earnings receive more individuals with significant disabilities the benefits it chooses to cover, but while many others receive less. At the are earning $748 from wages, less taxes, also the types of plan design features it current minimum wage of $4.25 per and from this amount now are expected uses. Some employers have used plan hour, a person working full time—176 to purchase up to $1,800 in medical cov- design features which will carve out hours per month, or 8 hours per day for erage, long term supports, food, rent, any high cost individual from coverage a standard 22 days—will earn $748. This and other necessities. It does not re- under the employee benefit health is not much money, but if you assume quire sophisticated cost/benefit cal- plan. a slightly better than minimum wage culations here to draw the conclusion With no where else to turn, disabled or some overtime at 1.5 times regular that individuals with significant dis- individuals once again become depend- wages, then take home pay from work abilities are being punished if they at- ent upon public sector health care replaces the cash assistance that is tempt to work. plans. This cost-shift from the em- lost. There are some basic solutions to ployer health plans to the public However, that cash assistance brings this problem. First, continue health health plans was the main argument I with it several noncash supports. The coverage for those who are on SSDI made during debate on the Health In- most well-known of these is health cov- after they return to work. Second, surance Reform Act when I brought my erage, which comes through Medicare make work pay by allowing low income amendment on the lifetime caps to the for SSDI beneficiaries and through former SSDI beneficiaries to receive floor. Employers, by limiting the maxi- Medicaid for SSI recipients. Other benefits that gradually reduce as their mum benefits they will pay for employ- noncash supports include long-term take home pay increases. The Work In- ees in a lifetime, actually set the point supports under Medicaid, vocational centive and Self-Sufficiency Act of 1996 where their costs will end and Govern- rehab, or other programs, food stamps, is designed to implement both of these ment expenditures begin. In the private rental assistance, home heating assist- solutions. First, it allows SSDI bene- market, health plans usually decide ance, and a variety of discounts and re- ficiaries to keep their Medicare cov- erage if they return to work. If they how much risk they will assume and duced fares on public services, among take a job that does not offer health then they reinsure the rest. In this other supports. The cost of replacing coverage, Medicare remains their pri- case, the private market uses the Gov- these noncash benefits for individuals mary insurance. If they find a position ernment-run health plans as the rein- with significant disabilities is often that does offer health insurance, they surer of last resort. double or even triple the value of the have the option to purchase Medicare According to previous testimony by cash assistance that is lost. the General Accounting Office [GAO] The major assumptions are that indi- coverage to use as supplementary cov- no more than 1 of every 1,000 SSI and viduals with significant disabilities can erage. Working beneficiaries would purchase this coverage on their own DI leave the rolls for work as a result qualify for health coverage, much less through premiums that rise on a slid- of the Social Security Administration’s afford to pay for it themselves, and pri- ing scale. assistance. These programs need to vate providers for long term supports Second, it allows SSDI beneficiaries place a greater focus on the rule the can be located and afforded. The re- to keep part of their cash assistance employer can play in getting people re- ality is that individuals with disabil- after they return to work. Rather than habilitated and back to work. Once an ities are often not able to locate health losing the entire amount once they individual becomes disabled the link coverage that meets their needs, or if earn $500 a month, they would lose $1 of with their current employer is dis- they can find coverage, it comes with cash benefits for every $2 in wages they rupted and often terminated. If there either high deductibles and premiums, earn that is above $500 a month. This is were incentives, particularly early in services exclusions, preexisting condi- similar to, but not the same as, the the process, for the employer to remain tions limits, and/or yearly or lifetime rule that allows individuals over 65 involved the chances of returning to caps on benefits. who are retired on Social Security to work would go up markedly. The same is true for the long term earn wages and continue to receive re- The employer could focus on accom- supports required by some individuals tirement income and Medicare. modating a valuable employee rather with significant disabilities such as Third, it allows some individuals to than on replacing him. Employers quadriplegia or cerebral palsy. Many apply only for Medicare coverage but could assist their workers in getting individuals with disabilities can work not cash assistance. This would offer assessed for rehabilitation services im- if they have the assistance of another some workers who acquire a disability mediately instead of waiting for the person to perform activities of daily during their working years the option SSI or SSDI programs to first complete living that are required to prepare for to purchase Medicare coverage and the application process and then mak- work such as bathing, dressing, eating, continue working. The Medicare cov- ing a referral for such services. If the transferring from bed to chair or using erage could be either their primary or employer were to keep in closer con- the bathroom. The difficulty is not supplemental coverage. tact it would have better opportunity with necessarily with working, but At this point some will ask, ‘‘Won’t to prepare for any unique assistance with locating and paying the support that increase already rising costs of the individual might ultimately need workers needed to prepare for and to benefits?’’ Actually, no. Extending like a personal assistant or other as- perform work. health coverage to those who return to sistance technology. Currently, when an SSDI beneficiary work will not increase costs essentially The Work Incentive and Self-Suffi- earns $500 monthly, that person dem- because so few people are leaving the ciency Act of 1996, is designed to ad- onstrates the capacity to work at the disability program for work. In fact, dress two significant problems in the substantial gainful activity [SGA] enabling people who were former bene- Social Security Disability Income level. If this work is sustained for 9 ficiaries or recipients to keep this [SSDI] Program: If individuals with consecutive months, the individual no health coverage would lead to some of significant disabilities cannot keep longer meets the first criteria for work them eventually being covered by pri- their health coverage when they return disability eligibility: the incapacity to vate health insurance, thus reducing to work, and if that work does not perform substantial gainful work in costs. It will also lead to a reduction in leave them financially better off, they the national economy. Thus, proceed- the amount of SSDI and SSI cash as- cannot afford to go back and work, and ings are begun to end cash assistance. sistance paid as reentering workers re- leave the cash assistance they receive But, since take home pay equals or ex- place benefits with wages, and pay under SSDI or SSI. It is not only the ceeds cash assistance, there is no prob- taxes on those wages. cash assistance they receive from bene- lem. Employers would not be required to fits that is critical, it is the health cov- Or is there? One month individuals purchase any additional insurance or erage they obtain through becoming with significant disabilities are earn- to report any additional information to Medicare eligible. ing $748 from wages, less taxes, $630 the Government. Individuals with dis- Let us look at the numbers. The av- from cash assistance, and receiving abilities would assume the responsibil- erage monthly SSDI check is $630; noncash benefits ranging in value from ity to exercise the option to purchase S8474 CONGRESSIONAL RECORD — SENATE July 22, 1996 Medicare and pay the Medicare pre- rity of the Consortium for Citizens with Dis- Co-Chair. miums. Considering the very important abilities support the principles set forth in COSIGNING ORGANIZATIONS the Work Incentive and Self-Support Act of role employers have in assuring our American Rehabilitation Association. Nation’s policy goal to self-sufficiency 1996 to enable individuals on Social Security Bazelon Center for Mental Health Law. Disability Insurance to return to work. Goodwill Industries International. for individuals with disabilities I am The Consortium for Citizens With Disabil- International Association of Psychosocial especially pleased to have a letter from ities (CCD) is a working coalition of more Rehabilitation Services. Michael R. Losey, president and CEO of than 100 national consumer, service provider, National Association of Protection & Ad- the Society for Human Resource Man- parent and professional organizations that vocacy Systems. advocate on behalf of people with disabilities agement [SHRM]. SHRM is and I quote, National Community Mental Health Care and their families. The work of the Consor- ‘‘fascinated by your proposal that Council. tium in conducted by Task Forces in various would provide employment incentives National Easter Seal Society. policy areas such as health care, education, to individuals with disabilities * * * National Mental Health Association. employment, technology, housing, civil National Multiple Sclerosis Society. SHRM looks forward to working with rights, social security, and budget and appro- you and your staff to promote employ- The Arc of the United States. priations. United Cerebral Palsy Association, Inc. ment and reemployment incentives for The Work Incentive and Self-Sufficiency those with disabilities.’’ I would also Act of 1996 is designed to address two signifi- GOODWILL INDUSTRIES cant problems in the SSDI program: If indi- like to thank both Fred Grandy, presi- INTERNATIONAL, INC., dent and CEO of Goodwill Industries viduals with significant disabilities 1) cannot keep their health coverage when they return July 16, 1996. International, Inc., and the Consortium Hon. JAMES M. JEFFORDS, to work and 2) if that work does not leave for Citizens with Disabilities Task them financially better off, they can not risk U.S. Senate, Hart Senate Office Building, Force on Social Security, especially or afford to go back to work, and leave the Washington, DC. DEAR JIM: On behalf of the Goodwill Indus- the cochairs, Tony Young, Marty Ford cash assistance they receive under SSDI. and Rhonda Schulzinger, for their let- There are some basic solutions to this tries network, I congratulate you on the in- troduction of the Work Incentive and Self- ters of support for this bill. Mr. Presi- problem. First, continue health coverage for those who are on SSDI after they return to Support Act of 1996. dent, I asked unanimous consent that This important legislation incorporates these three letters be inserted into the work. Second, make work pay by allowing low income former SSDI beneficiaries to re- two reforms long advocated by Goodwill In- RECORD. ceive benefits that gradually reduce as their dustries to assist Social Security Disability There being no objection, the mate- take home pay increases. The Work Incen- Insurance (SSDI) beneficiaries to return to rial was ordered to be printed in the tive and Self-Sufficiency Act of 1996 is de- work. First, we believe that no individual RECORD, as follows: signed to implement both of these solutions. should suffer a loss of income when leaving the SSDI rolls. By allowing a SSDI bene- SOCIETY FOR HUMAN First, it allows SSDI beneficiaries to keep ficiary to retain a portion of cash benefits RESOURCE MANAGEMENT, their Medicare coverage if they return to when they re-enter the work force, your leg- Alexandria, VA, July 18, 1996. work. If they take a job that does not offer islation will remove this major disincentive. Senator JAMES M. JEFFORDS, health coverage, Medicare remains their pri- Secondly, Goodwill Industries recognizes Hart Building, mary insurance. If they find a position that that loss of medical insurance is a signifi- Washington, DC. does offer health insurance, they have the DEAR SENATOR JEFFORDS: On behalf of the option to purchase Medicare coverage to use cant impediment confronting SSDI recipi- Society for Human Resource Management a supplementary coverage. Working bene- ents who want to work. Again, the Work In- (SHRM), I am writing to commend you for ficiaries would purchase this coverage on centive and Self-Support Act of 1996 address- your efforts to address the employment and their own through premiums that rise on a es this disincentive by permitting an individ- reemployment needs of individuals with dis- sliding scale. ual to apply for Medicare coverage while abilities. SHRM is the leading voice of the Second, it allows SSDI beneficiaries to working, or to purchase medical coverage human resource profession, representing the keep part of their cash assistance after they with premiums based on income level. interests of more than 70,000 professional and return to work. Rather than losing the en- Enclosed is a copy of testimony presented student members from around the world. tire amount once they earn $500 a month, last year to the House Ways and Means Sub- SHRM is committed to equal employment they would lose $1 of cash benefits for every committee on Social Security that discusses opportunity in all employment practices, in- $2 in wages they earn that is above $500 a Goodwill Industries’ recommendations for cluding hiring, training, compensation, bene- month. This is similar to (but not the same reforming the SSDI program in greater de- fits, promotion transfer, termination, and re- as) the rule that allows individuals over 65 tail. duction in force, for all individuals without who are retired on Social Security to earn Please let me know how Goodwill Indus- regard to disability. SHRM is committed to wages and continue to receive retirement in- tries can assist you in securing enactment of these policies because of our firm conviction come and Medicare. the Work Incentive and Self-Support Act of that adherence to these principles is sound Third, it allows some individuals to apply 1996. management practice and contributes sig- only for Medicare coverage but not cash as- Sincerely, nificantly to the success of our membership sistance. This offers some workers who ac- FRED GRANDY, and our members’ organizations. quire a disability during their working years President & Chief Executive Officer. As a result, SHRM is fascinated by your the option to purchase Medicare coverage Enclosure—Social Security Testimony. proposal that would provide employment in- and continue working. The Medicare cov- WORK INCENTIVE AND SELF-SUFFICIENCY ACT centives to individuals with disabilities. erage could be either primary or supple- OF 1996—Section-by-Section Analysis Faced with the loss of much-needed health mental coverage. Intent of Legislation: To Create a Consist- care coverage or minimal financial support, We thank you and your lead staff person ent Disability Work Incentive Policy for So- many individuals who could continue mak- on this issue, Elaina Goldstein, for the out- cial Security Disability Insurance Bene- ing contributions as employees, are actually standing leadership demonstrated toward en- ficiaries and Conform with the National Dis- discouraged from going back to work. It is hancing the employment of individuals with ability Policy Established with the Passage clear that the private and public sectors disabilities through this bill. This is ex- of the Americans with Disabilities Act should work together to increase opportuni- tremely important legislation for individuals (ADA). ties for all Americans. with disabilies. The CCD is eager to work SHRM looks forward to working with you with you and your staff to enact this legisla- OVERVIEW and your staff to promote employment and tion. The intent of this bill is to create a work reemployment incentives for those with dis- If you have any questions regarding this incentive policy for Social Security Disabil- abilities. subject, please call one of the Co-Chairs ity Income (SSDI) beneficiaries. The model Sincerely, shown at the bottom of this letter. that has been used is the 1619(a)(b) SSI/Med- MICHAEL R. LOSEY, SPHR, Sincerely, icaid provisions. SSDI and Medicare are President & CEO. TONY YOUNG, amended to provide the same incentive as American the 1619 model which is to make sure a per- CONSORTIUM FOR CITIZENS WITH DIS- Rehabilita- son who goes off the DI roles will not be ABILITIES TASK FORCE ON SOCIAL tion Association, worse off. The key reason, according to the SECURITY, Co-Chair. GAO in their report to Senate Select Com- July 18, 1996. RHODA SCHULZINGER, mittee on Aging issued this past April, why Hon. JAMES JEFFORDS, Bazelon Center for many people who can work but do not is be- U.S. Senate, Mental Health Law, cause they can not obtain health care cov- Washington, DC. Co-Chair. erage because of their disability. Therefore, DEAR SENATOR JEFFORDS: The undersigned MARTY FORD, a buy-in to the Medicare program is para- members of the Task Force on Social Secu- The Arc, mount in this bill. Although a Medicare buy- July 22, 1996 CONGRESSIONAL RECORD — SENATE S8475 in program currently exists it has not been a Revision: An individual who is an allowed meets the disability definition. This incen- success. SSDI/Medicare beneficiary receives a Con- tive is similar to 1619(a) provisions regarding This bill repeals the current trial work pe- tinuing Disability Review (CDR) at intervals Medicaid. riod and extended period of eligibility and of either three, five, or seven years depend- SECTION 3: CONTINUED ELIGIBILITY FOR MEDI- replaces them with the 1619(a)(b) model pro- ing on whether their allowed class is Medical CARE BUY-IN BENEFITS FOR DISABLED INDI- visions. Second, we allow people to purchase Improvement Expected (MIE = 3 years), Medi- VIDUALS Medicare if they meet the current medical cal Improvement Possible (MIP = 5 years) or (A) Continuation of Medicare and Medicare listing test in SSDI. The buy-in is on a slid- Medical Improvement Not Expected buy-in ing scale. (MINE = 7 years). The individual must con- Lastly, the bill also includes the Medicare- Current law: An individual who is an al- tinue to meet criteria of having a medically lowed SSDI/Medicare beneficiary receives Medicaid Integration demonstration project determinable physical or mental condition was that was included in the 1995 reconcili- SSDI cash assistance after a five month that has lasted or is expected to last 12 or waiting period and receives Medicare cov- ation bill and repeals the Medicare/Medicaid more months through a condition or com- Data Bank. erage after a two year waiting period. If the binations of impairments which meets or individual returns to work and earns $500 or SECTION 2: RETURN-TO-WORK PROGRAM FOR SO- equals the requirements of the Listings, in- more per month (Substantial Gainful Activ- CIAL SECURITY DISABILITY INCOME BENE- cluding functional equivalents, who, except ity), no cost Medicare continues through a FICIARIES for earned income meets the disability defi- nine month Trial Work Period and a Three (A) Benefit reductions based on income nition. This incentive is similar to 1619(a) month transition period. Beginning in month Current law: An allowed SSDI/Medicare provisions regarding Medicaid. 13, Medicare continues if the beneficiary beneficiary who returns to work loses eligi- (D) Repeal of trial work period elects to pay the full cost of both the Part A bility for DI cash assistance when achieving Current law: An individual who is an al- and Part B premiums. Substantial Gainful Activity (SGA). SGA is lowed SSDI/Medical beneficiary receives Revision: An individual who is an allowed defined as earnings from wages or salaries SSDI cash assistance after a five month SSDI/Medicare beneficiary who returns to that equal or surpass $500 monthly (for non waiting period and receives Medicare cov- work and earns $500 or more per month bind disabled beneficiaries) that are earned erage after a two year waiting period. If the (SGA), is in a continuing disability status continuously for nine months or longer. individual returns to work and earns $500 or unless medical recovery is determined as de- Beneficiaries can shelter some income from more per month (Substantial Gainful Activ- scribed in paragraph 3 above and receives no the SGA calculation by using work incen- ity), cash assistance and no cost Medicare cost Medicare until Adjusted Gross Income tives such as the Impairment Related Work continues through a nine month Trial Work (AGI) reached $15,000; after this point bene- Expense offset. Period and a three month transition period. ficiaries would pay Medicare premiums of Revision: An allowed SSDI/Medicare bene- Revision: Continuing disability status, 10% of AGI beyond $15,000. This incentive is ficiary who returns to work has their DI cash gradual decline of cash assistance, and a slid- similar to the continuation of Medicaid assistance reduced by $1 for every $2 earned under 1619(b). [The exact Formula is to be de- beginning when achieving Substantial Gain- ing scale buy-in to Medicare make the Trial Work Period unnecessary. termined pending additional research]. ful Activity (SGA). SGA is defined as earn- (B) Defining the Medicare buy-in conditions ings from wages or salaries that equal or sur- (E) Repeal of extended period of eligibility Current law: An individual who is an al- pass $500 monthly (for non blind disabled Current law: An individual who is an al- lowed SSDI/Medicare beneficiary receives beneficiaries) that are earned continuously lowed SSDI/Medicare beneficiary receives SSDI cash assistance after a five month for nine months or longer. Beneficiaries can SSDI cash assistance after a five month waiting period and receives Medicare cov- shelter some income from the SGA calcula- waiting period and receives Medicare cov- erage after a two year waiting period. If the tion by using work incentives such as the erage after a two year waiting period. If the individual returns to work and earns $500 or Impairment Related Work Expense offset. individual returns to work and earns $500 or more per month (Substantial Gainful Activ- This creates an incentive similar to the cash more per month (Substantial Gainful Activ- ity), no cost Medicare continues through a continuation provisions for 1619(a). ity), no cost Medicare continues through a nine month Trial Work Period and a Three (B) Benefit reductions for those who are dually nine month Trial Work Period and a Three month transition period. Beginning in month eligible month transition period. Beginning in month 13, Medicare continues if the beneficiary Current law: An individual who is dually 13, an Extended Period of eligibility contin- elects to pay the full cost of both the Part A eligible for SSDI and SSI and who returns to ues Medicare for 36 months if the beneficiary and Part B premiums. work loses eligibility for both DI cash assist- elects to pay the full cost of both the Part A Revision: An individual who is an allowed ance and Medicare when achieving Substan- and Part B premiums. Medicare Buy-In beneficiary receives no tial Gainful Activity (SSA). SGA is defined Revision: Continuing disability status, SSDI cash assistance month, but receives as earnings from wages or salaries that equal gradual decline of cash assistance, and a slid- Medicare coverage without a two year wait- or surpass $500 monthly (for non blind dis- ing scale buy-in to Medicare make the Ex- ing period. If the individual returns to work abled beneficiaries) continuously for nine tended Period of Eligibility unnecessary. (or remains at work) and earns $500 or more months or longer. Beneficiaries can shelter (F) Reaffirmation of disability status per month (Substantial Gainful Activity), no some income from the SGA calculation by Current law: An individual who is an al- cost Medicare continues through a nine using work incentives such as the Impair- lowed SSDI/Medicare beneficiary receives a month Trial Work Period and a Three month ment Related Work Expense offset. This in- Continuing Disability Review (CDR) at inter- transition period. Beginning in month 13, dividual would have their SSI cash assist- vals of either three, five, or seven years de- Medicare continues if the beneficiary elects ance and Medicaid coverage continued under pending on whether their allowed class is to pay the cost of both the Part A and Part the 1619(a) and (b) program. Medical Improvement Expected (MIE=3 B premiums on a sliding income scale. The Revision: An individual who is dually eligi- years), Medical Improvement Possible beneficiary would receive free Medicare until ble for SSDI and SSI and who returns to (MIP=5 years) or Medical Improvement Not Adjusted Gross Income (AGI) reached $15,000; work would have their SSI cash assistance Expected (MINE=7 years). The individual after this point beneficiaries would pay a and Medicaid coverage continued under the must continue to meet criteria of: (1) earn- premium of 10% of AGI beyond $15,000. [The 1619(a) and (b) program, and, when achieving ing less than $500 per month in wages or sala- exact Formula is to be determined pending SGA the individual has their DI cash assist- ries; (2) having a medically determinable additional research]. ance reduced by $1 for every $2 earned. Re- physical or mental condition that has lasted SECTION 4: MEDICARE BUY-IN PROVISION FOR ductions in cash assistance are taken first or is expected to last 12 or more months; (3) DISABLED INDIVIDUALS WHO CAN WORK BUT from SSI and secondly from SSDI. being unable to perform any job in the na- REMAIN ON SSDI BECAUSE THEY CANNOT OB- (C) Required continued disability status tional economy. TAIN HEALTH CARE ADEQUATE COVERAGE IN Current law: An individual who is an al- Revision: An individual who is as allowed THE PRIVATE MARKET lowed SSDI/Medicare beneficiary receives a SSDI/Medicare beneficiary receives a Con- (A) Creating a new allowed beneficiary class to Continuing Disability Review (CDR) at inter- tinuing Disability Review (CDR) at intervals promote work vals of either three, five, or seven years de- of either three, five, or seven years depend- Current law: An individual qualifies for pending on whether their allowed class is ing on whether their allowed class is Medical SSDI/Medicare if they meet a series of strin- Medical Improvement Expected (MIE = 3 Improvement Expected (MIE=3 years), Medi- gent criteria. This criteria includes: 1) earn- years), Medical Improvement Possible cal Improvement Possible (MIP=5 years) or ing less than $500 per month in wages or sala- (MIP = 5 years) or Medical Improvement Not Medical Improvement Not Expected (MINE=7 ries; 2) having a medically determinable Expected (MINE = 7 years). The individual years). The individual must continue to meet physical or mental condition that has lasted must continue to meet criteria of: 1) earning criteria of having a medically determinable or is expected to last 12 or more months; 3) less than $500 per month in wages or salaries; physical or mental condition that has lasted being unable to perform any job in the na- 2) having a medically determinable physical or is expected to last 12 or more months tional economy. In order to meet the criteria or mental condition that has lasted or is ex- through a condition or combinations or im- of having a medically determinable condi- pected to last 12 or more months; 3) being pairments which meets or equals the require- tion, an applicant must either a) have a con- unable to perform any job in the national ments of the Listing, including functional dition which meets or exceeds the require- economy. equivalents, who, expect for earned income ments of the Listings, b) have two or more S8476 CONGRESSIONAL RECORD — SENATE July 22, 1996 conditions which meets or exceeds the re- authorized security officers. Addition- thing from traffic accidents to domes- quirements of the Listings, or c) meet strict ally, States could choose to exempt tic disputes. Maybe these arguments functional criteria for not being capable of persons whose employment involves lead to yelling, or even fisticuffs. But if performing any job in the national economy, the transport of substantial amounts of more people are carrying guns, those given their condition, age, and education. If these criteria are met, an applicant is an al- cash or other valuables. conflicts are much more likely to end lowed beneficiary and receives SSDI cash as- Also, Mr. President, States could pro- in a shooting, and death. sistance after a five month waiting period. vide exemptions in individual cases, Mr. President, the bottom line is Medicare begins after a two year waiting pe- based on credible evidence, that a per- that more guns equals more death. riod. son should be allowed to carry a hand- This legislation will help in our strug- Revision: An individual qualifies for Medi- gun because of compelling cir- gle to reduce the number of guns on care Buy-In, but not for SSDI cash assist- cumstances warranting an exemption, our streets, and help prevent our soci- ance, if they meet a slightly less stringent such as a woman being stalked by ety from becoming even more violent test of disability. The applicant would be re- quired to meet criteria that demonstrates someone who is threatening her. How- and dangerous. having a medically determinable physical or ever, a simple claim of concern about I hope my colleagues will support the mental condition that has lasted or is ex- generalized risks would not be suffi- bill, and ask unanimous consent that a pected to last 12 or more months. In order to cient. It would have to be a specified, copy of the legislation be printed in the meet the criteria of having a medically de- credible threat. RECORD. terminable condition, an applicant must ei- Mr. President, common sense tells There being no objection, the bill was ther a) have a condition which meets or ex- you that there are more than enough ordered to be printed in the RECORD, as ceeds the requirements of the Listings, or b) dangerous weapons on America’s follows; have two or more conditions which meets or streets. Yet, incredibly, some seem to exceeds the requirements of the Listings. If S. 1980 these criteria are met, an applicant is an al- think that there should be more. They Be it enacted by the Senate and House of Rep- lowed beneficiary and receives Medicare, but want to turn our States and cities into resentatives of the United States of America in without a two year waiting period. the wild, wild west, where everyone Congress assembled, (B) Reaffirmation of disability status carries a gun on his or her own hip, SECTION. 1. SHORT TITLE. Current law: An individual who is an al- taking the law into their own hands. This Act may be cited as the ‘‘Concealed lowed SSDI/Medicare beneficiary receives a This is a foolhardy, and dangerous, Weapons Prohibition Act of 1996’’. Continuing Disability Review (CDR) at inter- trend. SEC. 2. FINDINGS. vals of either three, five, or seven years de- The statistics are clear, Mr. Presi- The Congress finds and declares that— pending on whether their allowed class is dent. This country is already drowning (1) crimes committed with handguns Medical Improvement Expected (MIE=3 in a sea of gun violence. Every 2 min- threaten the peace and domestic tranquility of the United States and reduce the security years), Medical Improvement Possible utes, someone somewhere in the United (MIP=5 years) or Medical Improvement Not and general welfare of the Nation and its Expected (MINE=7 years). The individual States is shot. Every 14 minutes some- people; must continue to meet criteria of: 1) earning one in this country dies from a gunshot (2) crimes committed with handguns im- less than $500 per month in wages or salaries; wound. In 1994 alone, over 15 thousand pose a substantial burden on interstate com- 2) having a medically determinable physical people in our country were killed by merce and lead to a reduction in productiv- or mental condition that has lasted or is ex- handguns. Compare that to countries ity and profitability for businesses around pected to last 12 or more months; 3) being like Canada, where 90 people were the Nation whose workers, suppliers, and unable to perform any job in the national killed by handguns that year, or Great customers are adversely affected by gun vio- lence; economy. Britain, which had 68 handgun fatali- Revision: An individual who is an allowed (3) the public carrying of handguns in- SSDI/Medicare beneficiary receives a Con- ties. creases the level of gun violence by enabling tinuing Disability Review (CDR) at intervals Mr. President, the Federal Centers the rapid escalation of otherwise minor con- of either three, five, or seven years depend- for Disease Control and Prevention es- flicts into deadly shootings; ing on whether their allowed class is Medical timates that by the year 2003, gunfire (4) the public carrying of handguns in- Improvement Expected (MIE=3 years), Medi- will have surpassed auto accidents as creases the likelihood that incompetent or cal Improvement Possible (MIP=5 years) or the leading cause of injury-related careless handgun users will accidently injure Medical Improvement Not Expected (MINE=7 deaths in the United States. In fact, or kill innocent bystanders; years). The individual must continue to meet (5) the public carrying of handguns poses a this is already the case in seven States. danger to citizens of the United States who criteria of having a medically determinable It is because we already suffer from physical or mental condition that has lasted travel across State lines for business or or is expected to last 12 or more months an epidemic of gun violence that I have other purposes; and through a condition or combinations of im- introduced this legislation. The fact is, (6) all Americans have a right to be pro- pairments which meets or equals the require- Mr. President, concealed weapons tected from the dangers posed by the carry- ments of the Listings, including functional make people less, not more, secure, ing of concealed handguns, regardless of equivalents, who, except for earned income You don’t have to take it from me. Lis- their State of residence. meets the disability definition. This incen- ten to the real experts: The police offi- SEC. 3. UNLAWFUL ACT. tive is similar to 1619(a) provisions regarding cers on the street. There is near-unani- Section 922 of title 18, United States Code, Medicaid. mous agreement in the law enforce- is amended by adding at the end the follow- ing: SECTION 5: MEDICARE/MEDICAID INTEGRATION ment community that concealed weap- DEMONSTRATION PROJECT ‘‘(y)(1) Except as provided in paragraph (2), ons laws are bad policy. it shall be unlawful for a person to carry a SECTION 6: REPEAL OF MEDICARE AND MEDICAID Arming more people is not the way handgun on his or her person in public. COVERAGE DATA BANK∑ to make the streets safer. It is a way to ‘‘(2) Paragraph (1) shall not apply to the get more people killed. Mr. President, following: By Mr. LAUTENBERG: the National Rifle Association and its ‘‘(A) A person authorized to carry a hand- S. 1980. A bill to prohibit the public allies may believe that the presence of gun pursuant to State law who is— carrying of a handgun, with appro- concealed weapons will scare criminals ‘‘(i) a law enforcement official; ‘‘(ii) a retired law enforcement official; priate exceptions for law enforcement from committing crimes. To me, just officials and others; to the Committee ‘‘(iii) a duly authorized private security of- the opposite is true. More likely, ficer; on the Judiciary. criminals will just get more violent. ‘‘(iv) a person whose employment involves THE CONCEALED WEAPONS PROHIBITION ACT OF Think about it, Mr. President. If a the transport of substantial amounts of cash 1996 criminal thinks that you might be car- or other valuable items; or Mr. LAUTENBERG. Mr. President, rying a concealed weapon, common ‘‘(v) any other person that the Attorney today I am introducing legislation that sense tells you that he is much more General determines should be allowed to would prohibit individuals from carry- likely to simply shoot first, and ask carry a handgun because of compelling cir- ing a handgun, concealed or in the cumstances warranting an exception, pursu- questions later. ant to regulations that the Attorney General open, in public. The bill includes excep- Perhaps more importantly, concealed may promulgate. tions for certain people authorized to weapons will mean that many routine ‘‘(B) A person authorized to carry a hand- carry handguns under State law, such conflicts will escalate into deadly vio- gun pursuant to a State law that grants a as law enforcement personnel and duly lence. Every day, people get into every- person an exemption to carry a handgun July 22, 1996 CONGRESSIONAL RECORD — SENATE S8477 based on an individualized determination lawmakers and bureaucrats in Wash- able to agricultural lenders with cattle and a review of credible evidence that the ington, DC, albeit well-intentioned, industry loans. I am disappointed that person should be allowed to carry a handgun take a difficult situation and make it the President zeroed out funding for because of compelling circumstances war- worse. This does not mean that I be- this program in his fiscal year 1997 pro- ranting an exemption. A claim of concern lieve Government has no role to play. I about generalized or unspecified risks shall posal. I have heard from a number of not be sufficient to justify an exemption. have supported and will continue to lenders that a high number of loans are ‘‘(C) A person authorized to carry a hand- support measures of proven value. questionable for this fall. gun on his or her person under Federal law.’’. However, I will continue to follow this The Beef Industry Assistance Resolu- situation closely with the hope that tion is a measure designed to provide By Mr. CRAIG: free market forces will, in the long run, immediate, short-term solutions to S. 1981. A bill to establish a Joint aid in making cattle producers more some of the serious problems facing the United States-Canada Commission on efficient, productive, and profitable. cattle industry. I know that a number Cattle and Beef to identify, and rec- The cattle industry is part of a com- of my colleagues have legislation pend- ommend means of resolving, national, plex, long-term cycle; however, there ing in regards to the cattle market. I regional, and provincial trade-distort- are producers who might not survive would comment that I see this resolu- ing differences between the countries the short-term consequences. The Beef tion as a starting point, not an ending with respect to the production, proc- Industry Assistance Resolution ad- point for cattle industry issues. essing, and sale of cattle and beef, and dresses a number of these short term Mr. President, I ask unanimous con- for other purposes; to the Committee issues. These are issues that were sent that the text of my bill be printed on Finance. raised at a hearing of the Agriculture in the RECORD. THE JOINT UNITED STATES-CANADA COMMISSION Committee that I chaired a few weeks There being no objection, the bill was ON CATTLE AND BEEF ESTABLISHMENT ACT OF ago. ordered to be printed in the RECORD, as 1996 The resolution has five sections— follows: ∑ Mr. CRAIG. Mr. President, I intro- antitrust monitoring, market report- S. 1981 duce a bill of critical importance to ing, private sector self-regulation, rec- Be it enacted by the Senate and House of Rep- our Nation’s cattle producers. The ognition of barriers to international resentatives of the United States of America in Joint United States-Canada Commis- trade, and emergency loan guarantees. Congress assembled, sion on Cattle and Beef is designed to Section 1 encourages the Secretary of SECTION 1. JOINT UNITED STATES-CANADA COM- Agriculture and Department of Justice MISSION ON CATTLE AND BEEF. resolve some of the existing differences (a) ESTABLISHMENT.—There is established a in trade practices between the two to increase the monitoring of mergers Joint United States-Canada Commission on countries. and acquisitions in the beef industry. Cattle and Beef to identify, and recommend As a former rancher, I have a first- Investigation of possible barriers in the means of resolving, national, regional, and hand understanding of the challenges beef packing sector for new firms and provincial trade-distorting differences be- that face the cattle industry. The pro- with other commodities is encouraged. tween the United States and Canada with re- longed down cycle is especially trou- Section 2 directs the Secretary of Ag- spect to the production, processing, and sale of cattle and beef, with particular emphasis bling because it affects the livelihoods riculture to expedite the reporting of existing beef categories and add addi- on— of thousands of ranching families in (1) animal health requirements; Idaho and across the country. tional categories. These categories in- (2) transportation differences; These beef producers are the largest clude contract, formula and live cash (3) the availability of feed grains; and cattle prices, and boxed beef prices. (4) other market-distorting direct and indi- sector of Idaho and American agri- rect subsidies. culture. Over 1 million families raise The Secretary is also encouraged to in- crease the frequency of captive supply (b) COMPOSITION.— over 100 million head of beef cattle (1) IN GENERAL.—The Commission shall be every year. This contributes over $36 cattle from every 14 to 7 days. I am es- composed of— pecially interested in the improved re- billion to local economies. Even with (A) 3 members representing the United porting of all beef and live cattle ex- States, including— the extended cycle of low prices, direct ports and imports. The second section (i) 1 member appointed by the Majority cash receipts from the Idaho cattle in- also directs the Secretary to capture Leader of the Senate; dustry were almost $620 million in 1995. data on a previously unrecorded seg- (ii) 1 member appointed by the Speaker of These totals only represent direct the House of Representatives; and ment of the market—away from home sales; they do not capture the multi- (iii) 1 member appointed by the Secretary consumption. While this market con- plier effect that cattle ranches have in of Agriculture; sumes approximately half of the Na- (B) 3 members representing Canada, ap- their local economies from expendi- tion’s beef production, very little is pointed by the Government of Canada; and tures on labor, feed, fuel, property known about it. (C) nonvoting members appointed by the taxes, and other inputs. Section 3 encourages two very impor- Commission to serve as advisers to the Com- Over the years, cattle operations mission, including university faculty, State tant measures within the private sec- veterinarians, trade experts, and other mem- have provided a decent living and good tor. First, meat packing companies are way of life in exchange for long days, bers. encouraged to fully utilize a grid pric- (2) APPOINTMENT.—Members of the Com- hard work, and dedication. While the ing structure which will provide pro- mission shall be appointed not later than 30 investment continues to be high, the ducers with a more complete picture days after the date of enactment of this Act. returns have been low in recent years. for the particular type of the cattle (c) REPORT.—Not later than 180 days after The problems facing the cattle indus- the first meeting of the Commission, the they produce. Second, agricultural Commission shall submit a report to Con- try in recent years are complex. The lenders are encouraged to consider the nature of the market dictates that sta- gress and the Government of Canada that total asset portfolio, not just cash identifies, and recommends means of resolv- ble consumption combined with in- flow, when evaluating this year’s beef ing, differences between the United States creased productivity and growing herd loans. Even the best operators will and Canada with respect to the production, size yield lower prices to producers. have great difficulty cash-flowing a processing, and sale of cattle and beef.∑ This, combined with high feed prices cattle outfit because of the prolonged f and limited export opportunities, has period of low prices. ADDITIONAL COSPONSORS caused a near crisis. Section 4 recognizes a number of bar- Many Idahoans have contacted me on riers to international trade that ad- S. 673 this issue. Some suggest the Federal versely affect American beef producers. At the request of Mrs. KASSEBAUM, Government intervene in the market The section is meant to elevate the im- the name of the Senator from Penn- to help producers. However, many oth- portance of all trade issues and specifi- sylvania [Mr. SPECTER] was added as a ers have expressed fear that Federal cally references the elimination of the cosponsor of S. 673, a bill to establish a intervention, if experience is any indi- European Union hormone ban and ani- youth development grant program, and cation, will only complicate matters mal health barriers between the United for other purposes. and may also create a number of unin- States and Canada. S. 1252 tended results. I tend to agree with the Section 5 recommends that emer- At the request of Mr. ABRAHAM, the latter. Time and again, I have seen gency loan guarantees be made avail- name of the Senator from Oklahoma S8478 CONGRESSIONAL RECORD — SENATE July 22, 1996

[Mr. INHOFE] was added as a cosponsor AMENDMENTS SUBMITTED (i) a minor child; and of S. 1252, a bill to amend the Internal (ii) not the head of a household or married Revenue Code of 1986 to provide addi- to the head of a household. THE PERSONAL RESPONSIBILITY, (C) HARDSHIP EXCEPTION.— tional tax incentives to stimulate eco- WORK OPPORTUNITY, AND MED- (i) IN GENERAL.—The State may exempt a nomic growth in depressed areas, and ICAID RESTRUCTING ACT OF 1996 family from the application of subparagraph for other purposes. (A) of this paragraph, or subparagraph (B) of paragraph (1), by reason of hardship or if the S. 1487 family includes an individual who has been FORD (AND REID) AMENDMENT battered or subjected to extreme cruelty. At the request of Mr. FORD, his name NO. 4940 (ii) LIMITATION.—The number of families was added as a cosponsor of S. 1487, a Mr. FORD (for himself and Mr. REID) with respect to which an exemption made by bill to establish a demonstration proposed an amendment to the bill (S. a State under clause (i) is in effect for a fis- project to provide that the Department 1956) to provide for reconciliation pur- cal year shall not exceed 20 percent of the average monthly number of families to of Defense may receive Medicare reim- suant to section 202(a) of the concur- bursement for health care services pro- which assistance is provided under the State rent resolution on the budget for fiscal program funded under this part. vided to certain Medicare-eligible cov- year 1997; as follows: (iii) BATTERED OR SUBJECT TO EXTREME CRU- ered military beneficiaries. On page 250, line 4, insert ‘‘cash’’ before ELTY DEFINED.—For purposes of clause (i), an ‘‘assistance’’. individual has been battered or subjected to S. 1491 extreme cruelty if the individual has been At the request of Mr. GRAMS, the ASHCROFT AMENDMENT NO. 4941 subjected to— name of the Senator from Wyoming (I) physical acts that resulted in, or threat- Mr. ASHCROFT proposed an amend- ened to result in, physical injury to the indi- [Mr. THOMAS] was added as a cosponsor ment to the bill, S. 1956, supra; as fol- vidual; of S. 1491, a bill to reform lows: (II) sexual abuse; antimicrobial pesticide registration, Strike section 408(a)(8) of the Social Secu- (III) sexual activity involving a dependent and for other purposes. rity Act, as added by section 2103(a)(1), and child; (IV) being forced as the caretaker relative insert the following: S. 1501 of a dependent child to engage in nonconsen- (8) NO ASSISTANCE FOR MORE THAN 5 YEARS sual acts or activities; At the request of Mr. COHEN, the FOR FAILURE TO ENSURE MINOR DEPENDENT (V) threats of, or attempts at, physical or CHILDREN ARE IN SCHOOL; OR FOR FAILING TO name of the Senator from Wisconsin sexual abuse; HAVE OR WORK TOWARD A HIGH SCHOOL DI- [Mr. KOHL] was added as a cosponsor of (VI) mental abuse; or PLOMA OR ITS EQUIVALENT.— S. 1501, a bill to amend part V of title (VII) neglect or deprivation of medical (A) IN GENERAL.—Except as provided in care. 28, United States Code, to require that subparagraphs (B) and (C), a State to which (D) RULE OF INTERPRETATION.—Subpara- the Department of Justice and State a grant is made under section 403 shall not graph (A)(i) of this paragraph and subpara- use any part of the grant to provide assist- attorneys general are provided notice graph (B) of paragraph (1) shall not be inter- ance— of a class action certification or settle- preted to require any State to provided as- (i) to a family that includes an adult who ment, and for other purposes. sistance to any individual for any period of has received assistance under any State pro- time under the State program funded under gram funded under this part attributable to S. 1639 this part. funds provided by the Federal Government— At the request of Mr. FORD, his name (I) for 60 months (whether or not consecu- was added as a cosponsor of S. 1639, a tive) after the date the State program funded ASHCROFT AMENDMENT NO. 4942 bill to require the Secretary of Defense under this part commences; or Mr. ASHCROFT proposed an amend- and the Secretary of Health and (II) for more than 24 consecutive months ment to amendment No. 4941 proposed after the date the State program funded Human Services to carry out a dem- under this part commences unless such adult by him to the bill, S. 1956, supra; as fol- onstration project to provide the De- is engaged in work as required by section lows: partment of Defense with reimburse- 402(a)(1)(A)(ii) or exempted by the State by In lieu of the matter proposed to be in- ment from the Medicare program for reason of hardship pursuant to subparagraph serted by the amendment, insert the follow- health care services provided to Medi- (C); or, ing: care-eligible beneficiaries under (ii) to a family that includes an adult who (8) NO ASSISTANCE FOR MORE THAN 5 has received assistance under any State pro- YEARS.— TRICARE. gram funded under this part attributable to (A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), a State to which S. 1729 funds provided by the Federal Government or under the food stamp program, as defined a grant is made under section 403 shall not At the request of Mrs. HUTCHISON, the in section 3(h) of the Food Stamp Act of 1977, use any part of the grant to provide assist- name of the Senator from New Mexico unless such adult ensures that the minor de- ance to a family that includes an adult who [Mr. DOMENICI] was added as a cospon- pendent children of such adult attend school has received assistance under any State pro- as required by the law of the State in which gram funded under this part attributable to sor of S. 1729, a bill to amend title 18, the minor children reside; or, funds provided by the Federal Government United States Code, with respect to (iii) to a family that includes an adult who for 60 months (whether or not consecutive) stalking. is older than age 20 and younger than age 51 after the date the State program funded who has received assistance under any State under this part commences. However, a S. 1854 program funded under this part attributable State shall not use any part of such grant to At the request of Mr. HATCH, the to funds program, as defined in section 3(h) provide assistance to a family that includes name of the Senator from South Da- of the Food Stamp Act of 1977, if such adult an adult who has received assistance under does not have, or is not working toward at- any State program funded under this part at- kota [Mr. PRESSLER] was added as a co- taining, a secondary school diploma or its tributable to funds provided by the Federal sponsor of S. 1854, a bill to amend Fed- recognized equivalent unless such adult has Government for more than 24 consecutive eral criminal law with respect to the been determined in the judgment of medical, months unless such an adult is— prosecution of violent and repeat juve- psychiatric, or other appropriate profes- (i) engaged in work as required by Section nile offenders and controlled sub- sionals to lack the requisite capacity to 402(a)(l)(A)(ii); or, complete successfully a course of study that (ii) exempted by the State from such 24 stances, and for other purposes. would lead to a secondary school diploma or consecutive month limitation by reason of S. 1950 its recognized equivalent. hardship, pursuant to subparagraph (C).’’. (B) MINOR CHILD EXCEPTION.—In determin- (B) MINOR CHILD EXCEPTION.—In determin- At the request of Mr. LAUTENBERG, ing the number of months for which an indi- ing the number of months for which an indi- the name of the Senator from New Jer- vidual who is a parent or pregnant has re- vidual who is a parent or pregnant has re- sey [Mr. BRADLEY] was added as a co- ceived assistance under the State program ceived assistance under the State program sponsor of S. 1950, a bill to amend the funded under this part for purposes of sub- funded under this part for purposes of sub- paragraph (A)(i), the State shall disregard paragraph (A), the State shall disregard any Federal Water Pollution Control Act to any month for which such assistance was month for which such assistance was pro- improve the quality of coastal recre- provided with respect to the individual and vided with respect to the individual and dur- ation waters, and for other purposes. during which the individual was— ing which the individual was— July 22, 1996 CONGRESSIONAL RECORD — SENATE S8479 (i) a minor child; and ance under any State program funded under Section 2908 is amended— (ii) not the head of a household or married this part attributable to funds provided by (1) by inserting ‘‘(a) SENSE OF THE SEN- to the head of a household the Federal Government or under the food ATE.—’’ before ‘‘It’’; and (C) HARDSHIP EXCEPTION.— stamp program, as defined in section 3(h) of (2) by adding at the end the following: (i) IN GENERAL.—The State may exempt a the Food Stamp Act of 1977, if such adult (b) JUSTICE DEPARTMENT PROGRAM ON family from the application of subparagraph does not have, or is not working toward at- STATUTORY RAPE.— (A) of this paragraph, or subparagraph (B) of taining, a secondary school diploma or its (1) ESTABLISHMENT.—Not later than Janu- paragraph (1), by reason of hardship or if the recognized equivalent unless such adult has ary 1, 1997, the Attorney General shall estab- family includes an individual who has been been determined in the judgment of medical, lish and implement a program that— battered or subjected to extreme cruelty. psychiatric, or other appropriate profes- (A) studies the linkage between statutory (ii) LIMITATION.—The number of families sionals to lack the requisite capacity to rape and teenage pregnancy, particularly by with respect to which an exemption made by complete successfully a course of study that predatory older men committing repeat of- a State under clause (i) is in effect for a fis- would lead to a secondary school diploma or fenses; and cal year shall not exceed 20 percent of the its recognized equivalent. (B) educates State and local criminal law average monthly number of families to enforcement officials on the prevention and which assistance is provided under the State CONRAD (AND LEAHY) prosecution of statutory rape, focusing in particular on the commission of statutory program funded under this part. AMENDMENT NO. 4945 (iii) BATTERED OR SUBJECT TO EXTREME CRU- rape by predatory older men committing re- ELTY DEFINED.—For purposes of clause (i), an Mr. CONRAD (for himself and Mr. peat offensives, and any links to teenage individual has been battered or subjected to LEAHY) proposed an amendment to the pregnancy. extreme cruelty if the individual has been bill, S. 1956, supra; as follows: (c) VIOLENCE AGAINST WOMEN INITIATIVE.— subjected to— The Attorney General shall ensure that the On page 6, strike lines 14 through 16 and in- (I) physical acts that resulted in, or threat- Department of Justice’s Violence Against sert the following: ened to result in, physical injury to the indi- Women initiative addresses the issue of stat- Section 5(d)(7) of the Food Stamp Act of vidual; utory rape, particularly the commission of 1977 (7 U.S.C. 2014(d)(7)) is amended by strik- (II) sexual abuse; statutory rape by predatory older men com- ing ‘‘21 years of age or younger’’ and insert- (III) sexual activity involving a dependent mitting repeat offenses. ing ‘‘19 years of age or younger (17 years of child; age or younger in fiscal year 2002)’’. (IV) being forced as the caretaker relative AMENDMENT NO. 4947 On page 21, line 3, strike ‘‘$5,100’’ and in- of a dependent child to engage in nonconsen- sert ‘‘$4,650’’. Section 2903 is amended— sual acts or activities; On page 49, line 3, strike ‘‘10’’ and insert (1) by inserting ‘‘(a) IN GENERAL.—’’ before (V) threats of, or attempts at, physical or ‘‘20’’. ‘‘Section’’; and sexual abuse; On page 49, line 12, strike ‘‘1 month’’ and (2) by adding at the end the following: (VI) mental abuse; or insert ‘‘2 months’’. (b) DEDICATION OF BLOCK GRANT SHARE.— (VII) neglect or deprivation of medical Section 2001 of the Social Security Act (42 care. U.S.C. 1397) is amended— (D) RULE OF INTERPRETATION.—Subpara- LIEBERMAN AMENDMENTS NOS. (1) in the matter preceding paragraph (1), graph (A) of this paragraph and subpara- 4946–4947 by inserting ‘‘(a)’’ before ‘‘For’’; and graph (B) of paragraph (1) shall not be inter- (2) by adding at the end the following: Mr. DOMENICI (for Mr. LIEBERMAN) preted to require any State to provided as- ‘‘(b) For any fiscal year in which a State sistance to any individual for any period of proposed two amendments to the bill, receives an allotment under section 2003, time under the State program funded under S. 1956, supra; as follows: such State shall dedicate an amount equal to this part. AMENDMENT NO. 4946 1 percent of such allotment to fund programs Section 2101 is amended— and services that teach minors to— ASHCROFT AMENDMENT NO. 4943 (1) by redesignating paragraphs (7) through ‘‘(1) avoid out-of-wedlock pregnancies; (9) as paragraphs (8) through (10), respec- and’’. Mr. ASHCROFT proposed an amend- tively; ment to amendment No. 4941 proposed (2) in paragraph (10), as so redesignated, by DORGAN (AND OTHERS) by him to the bill, S. 1956, supra; as fol- inserting ‘‘, and protection of teenage girls AMENDMENT NO. 4948 lows: from pregnancy as well as predatory sexual Mr. DORGAN (for himself, Mr. In the language proposed to be inserted by behavior’’ after ‘‘birth’’; and MCCAIN, Mr. INOUYE, and Mr. DASCHLE) the amendment, strike all after the first (3) by inserting after paragraph (6), the fol- word and insert the following: lowing: proposed an amendment to the bill, S. (7) An effective strategy to combat teenage SANCTION WELFARE RECIPIENTS FOR FAILING 1956, supra; as follows: pregnancy must address the issue of male re- TO ENSURE THAT MINOR DEPENDENT CHILDREN In section 2813(1), strike subparagraph (B). sponsibility, including statutory rape cul- ATTEND SCHOOL.— pability and prevention. The increase of (A) IN GENERAL.—A State to which a grant teenage pregnancies among the youngest DASCHLE (AND OTHERS) is made under section 403 shall not be prohib- AMENDMENT NO. 4949 ited from sanctioning a family that includes girls is particularly severe and is linked to an adult who has received assistance under predatory sexual practices by men who are Mr. DORGAN (for Mr. DASCHLE, for significantly older. any State program funded under this part at- himself, Mr. DORGAN, Mr. DOMENICI, (A) It is estimated that in the late 1980’s, tributable to funds provided by the Federal and Mr. MCCAIN) proposed an amend- Government or under the food stamp pro- the rate for girls age 14 and under giving birth increased 26 percent. ment to the bill, S. 1956, supra; as fol- gram, as defined in section 3(h) of the Food lows: Stamp Act of 1977, if such adult fails to en- (B) Data indicates that at least half of the sure that the minor dependent children of children born to teenage mothers are fa- On page 250, line 2, strike ‘‘and (C)’’ and in- such adult attend school as required by the thered by adult men. Available data suggests sert ‘‘, (C), and (D)’’. law of the State in which the minor children that almost 70 percent of births to teenage On page 252, between lines 9 and 10, insert reside. girls are fathered by men over age 20. the following: (C) Surveys of teen mothers have revealed ‘‘(D) EXCEPTION FOR EXTREMELY LOW LABOR that a majority of such mothers have his- MARKET PARTICIPATION.— ASHCROFT AMENDMENT NO. 4944 tories of sexual and physical abuse primarily ‘‘(i) IN GENERAL.—In determining the num- Mr. ASHCROFT proposed an amend- with older adult men. ber of months for which an adult received as- ment to amendment No. 4941 proposed Section 402(a)(1)(A) of the Social Security sistance under the State program funded Act, as added by section 2103(a)(1), is amend- under this part, the State may disregard any by him to the bill, S. 1956, supra; as fol- ed— and all months in which the individual re- lows: (1) by redesignating clauses (vi) and (vii) as sided in an area of extremely low labor mar- In the language proposed to be stricken by clauses (vii) and (viii), respectively; and ket participation (as defined under clause the amendment, strike all after the first (2) by inserting after clause (v), the follow- (ii). word and insert the following: ing: ‘‘(ii) EXTREMELY LOW LABOR MARKET PAR- REQUIREMENT FOR HIGH SCHOOL DIPLOMA OR ‘‘(vi) Conduct a program, designed to reach TICIPATION AREA.—For purposes of clause (i), EQUIVALENT.— State and local law enforcement officials, an adult is considered to be living in an area (A) IN GENERAL.—A State to which a grant the education system, and relevant counsel- of extremely low labor market participation is made under section 403 shall not be prohib- ing services, that provides education and if such adult resides on a reservation of an ited from sanctioning a family that includes training on the problem of statutory rape so Indian tribe, an adult who is older than age 20 and young- that teenage pregnancy prevention programs ‘‘(I) with a population of at least 1,000 indi- er than age 51 and who has received assist- may be expanded in scope to include men. viduals; and S8480 CONGRESSIONAL RECORD — SENATE July 22, 1996 ‘‘(II) with at least 50% of the adult popu- (I) to ensure that recipients of temporary ments pursuant to an agreement for Federal lation not employed, as determined by the assistance to needy families who are parents administration under section 1616(a) of the Secretary using the best available data from obtain and retain unsubsidized employment; Social Security Act and payments pursuant a Federal agency. and to an agreement entered into under section On page 252, line 10, strike ‘‘(D)’’ and insert (II) to reduce the incidence of 212(b) of Public Law 93–66. ‘‘(E)’’. intergenerational receipt of welfare assist- (B) FOOD STAMPS.—The food stamp pro- ance by addressing the needs of children of gram as defined in section 3(h) of the Food MURRAY AMENDMENT NO. 4950 recipients of temporary assistance to needy Stamp Act of 1977. families. Mr. FORD (for Mrs. MURRAY) pro- (ii) DUTIES.—A Community Steering Com- (b) LIMITED ELIGIBILITY FOR DESIGNATED posed an amendment to the bill, S. mittee shall— FEDERAL PROGRAMS.— 1956, supra; as follows: (I) identify and create unsubsidized em- (1) IN GENERAL.—Notwithstanding any ployment positions for recipients of tem- other provision of law and except as provided Strike section 1206. porary assistance to needy families; in section 2403 and paragraph (2), a State is (II) propose and implement solutions to authorized to determine the eligibility of an ROTH AMENDMENT NO. 4951 barriers to unsubsidized employment of re- alien who is a qualified alien (as defined in cipients of temporary assistance to needy Mr. DOMENICI (for Mr. ROTH) pro- section 2431) for any designated Federal pro- families; gram (as defined in paragraph (3)), except posed an amendment to the bill, S. (III) assess the needs of children of recipi- 1956, supra; as follows: that States shall not ban from such pro- ents of temporary assistance to needy fami- grams qualified aliens who have not attained On page 193, line 8, strike ‘‘is’’ and insert lies; and the age of 18 years. ‘‘has been’’. (IV) provide services that are designed to (2) EXCEPTIONS.—Qualified aliens under On page 238, line 4, insert ‘‘any temporary ensure that children of recipients of tem- this paragraph shall be eligible for any des- layoffs and’’ after ‘‘including’’. porary assistance to needy families enter ignated Federal program. On page 238, line 6, strike ‘‘overtime’’ and school ready to learn and that, once en- (A) TIME-LIMITED EXCEPTION FOR REFUGEES insert ‘‘nonovertime’’. rolled, such children stay in school. AND ASYLEES.— On page 238, strike lines 7 through 13, and (iii) PRIMARY RESPONSIBILITY.—A primary (i) An alien who is admitted to the United insert the following: ‘‘wages, or employment responsibility of a Community Steering com- States as a refugee under section 207 of the benefits; and’’. mittee shall be to work on an ongoing basis with parents who are recipients of temporary Immigration and Nationality Act until 5 years after the date of an alien’s entry into GRAHAM AMENDMENT NO. 4952 assistance to needy families and who have obtained nonsubsidized employment in order the United States. Mr. GRAHAM proposed an amend- to ensure that such recipients retain their (ii) An alien who is granted asylum under ment to the bill, S. 1956, supra; as fol- employment. Activities to carry out this re- section 208 of such Act until 5 years after the lows: sponsibility may include— date of such grant of asylum. (I) counseling; (iii) An alien whose deportation is being Strike section 409(a)(3)(C) of the Social Se- (II) emergency day care; withheld under section 243(h) of such Act curity Act, as added by section 2103(a)(1). (III) sick day care; until 5 years after such withholding. (IV) transportation; (B) CERTAIN PERMANENT RESIDENT ALIENS.— BREAUX AMENDMENT NO. 4953 (V) provision of clothing; An alien who— (VI) housing assistance; or Mr. EXON (for Mr. BREAUX) proposed (i) is lawfully admitted to the United (VII) any other assistance that may be nec- States for permanent residence under the an amendment to the bill, S. 1956, essary on an emergency and temporary basis supra; as follows: Immigration and Nationality Act; and to ensure that such parents can manage the (ii)(I) has worked 40 qualifying quarters of At the end of section 2109(a), add the fol- responsibility of being employed and the de- coverage as defined under title II of the So- lowing: mands of having a family. cial Security Act or can be credited with (iv) FOLLOW-UP SERVICES FOR CHILDREN.—A (17) Section 472(c)(2) (42 U.S.C. 672(c)(2)) is such qualifying quarters as provided under Community Steering Committee may pro- amended by striking ‘‘nonprofit’’. section 2435, and (II) did not receive any Fed- vide special follow-up services for children of eral means-tested public benefit (as defined recipients of temporary assistance to needy KERREY AMENDMENT NO. 4954 in section 2403(c)) during any such quarter. families that are designed to ensure that the Mr. EXON (for Mr. KERREY) proposed children reach their fullest potential and do (C) VETERAN AND ACTIVE DUTY EXCEPTION.— an amendment to the bill, S. 1956, not, as they mature, receive welfare assist- An alien who is lawfully residing in any State and is— supra; as follows: ance as the head of their own household. (c) REPORT.—Not later than October 1, 2001, (i) a veteran (as defined in section 101 of At the end of chapter 1 of subtitle A of the Secretary shall submit a report to the title 38, United States Code) with a discharge title II, add the following: Congress on the results of the demonstration characterized as an honorable discharge and SEC. . COMMUNITY STEERING COMMITTEES projects conducted under this section. not on account of alienage, DEMONSTRATION PROJECTS. (ii) on active duty (other than active duty (a) IN GENERAL.—The Secretary of Health for training) in the Armed Forces of the and Human Services (in this section referred KENNEDY AMENDMENTS NOS. 4955– 4956 United States, or to as the ‘‘Secretary’’) shall enter into agree- (iii) the spouse or unmarried dependent ments with not more than 5 States that sub- Mr. EXON (for Mr. KENNEDY) pro- child of an individual described in clause (i) mit an application under this section, in posed two amendments to the bill, S. or (ii). such form and such manner as the Secretary 1956, supra; as follows: (D) TRANSITION FOR THOSE CURRENTLY RE- may specify, for the purpose of conducting a CEIVING BENEFITS.—An alien who on the date demonstration project described in sub- AMENDMENT NO. 4955 of the enactment of this Act is lawfully re- section (b). On page 572, between lines 9 and 10, insert siding in any State and is receiving benefits (b) DESCRIPTION OF PROJECT.— the following: under such program on the date of the enact- (1) COMMUNITY STEERING COMMITTEES.— (E) EXCEPTION FOR CHILDREN.—Paragraph ment of this Act shall continue to be eligible (A) ESTABLISHMENT.—A demonstration (1) shall not apply to the following: project conducted under this section shall es- (i) SSI.—An alien who has not attained the to receive such benefits until January 1, 1997. tablish within a State in each participating age of 18 years and who is eligible by reasons (3) DESIGNATED FEDERAL PROGRAM DE- county a Community Steering Committee of disability for supplemental security in- FINED.—For purposes of this chapter, the that shall be designed to help recipients of come under title XVI of the Social Security term ‘‘designated Federal program’’ means temporary assistance to needy families Act. any of the following: under a State program under part A of title (ii) FOOD STAMPS.—An alien who has not (A) TEMPORARY ASSISTANCE FOR NEEDY FAM- IV of the Social Security Act who are par- attained the age of 18 years, only for pur- ILIES.—The program of block grants to ents move into the non-subsidized workforce poses of eligibility for the food stamp pro- States for temporary assistance for needy and to develop a holistic approach to the de- gram as defined in section 3(h) of the Food families under part A of title IV of the Social velopment needs of such recipient’s family. Stamp Act of 1977 (7 U.S.C. 2012(h)). Security Act. (B) MEMBERSHIP.—A Community Steering (3) SPECIFIED FEDERAL PROGRAM DEFINED.— (B) SOCIAL SERVICES BLOCK GRANT.—The Committee shall consist of local educators, For purposes of this chapter, the term ‘‘spec- program of block grants to States for social business representatives, and social service ified Federal program’’ means any of the fol- services under title XX of the Social Secu- providers. lowing: rity Act. (C) GOALS AND DUTIES.— (A) SSI.—The supplemental security in- (C) MEDICAID.—The program of medical as- (i) GOALS.—The goals of a Community come program under title XVI of the Social sistance under title XV and XIX of the So- Steering Committee are— Security Act, including supplementary pay- cial Security Act. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8481

SEC. 2403. FIVE-YEAR LIMITED ELIGIBILITY OF (b) EXCEPTIONS.—The limitation under sub- Social Security Act (other than emergency QUALIFIED ALIENS FOR FEDERAL section (a) shall not apply to the following medical services described in subparagraph MEANS-TESTED PUBLIC BENEFIT. aliens: (A)). (a) IN GENERAL.—Notwithstanding any (1) EXCEPTION FOR REFUGEES AND SEC. 2404. NOTIFICATION AND INFORMATION RE- other provision of law and except as provided ASYLEES.— PORTING. in subsection (b), an alien who is a qualified (A) An alien who is admitted to the United (a) NOTIFICATION.—Each Federal agency alien (as defined in section 2431) and who en- States as a refugee under section 207 of the that administers a program to which section ters the United States on or after the date of Immigration and Nationality Act. 2401, 2402, or 2403 applies shall, directly or the enactment of this Act is not eligible for (B) An alien who is granted asylum under through the States, post information and any Federal means-tested public benefit (as section 208 of such Act. provide general notification to the public defined in subsection (c)) for a period of five (C) An alien whose deportation is being and to program recipients of the changes re- years beginning on the date of the alien’s withheld under section 243(h) of such Act. garding eligibility for any such program pur- entry into the United States with a status (2) VETERAN AND ACTIVE DUTY EXCEPTION.— suant to this subchapter. within the meaning of the term ‘‘qualified An alien who is lawfully residing in any (b) INFORMATION REPORTING UNDER TITLE alien’’. State and is— IV OF THE SOCIAL SECURITY ACT.—Part A of (b) EXCEPTIONS.—The limitation under sub- (A) a veteran (as defined in section 101 of title IV of the Social Security Act, as section (a) shall not apply to the following title 38, United States Code) with a discharge amended by section 2103(a) of this Act, is aliens: characterized as an honorable discharge and amended by inserting the following new sec- (1) EXCEPTION FOR REFUGEES AND not on account of alienage, tion after section 411: ASYLEES (B) on active duty (other than active duty .— ‘‘SEC. 411A. STATE REQUIRED TO PROVIDE CER- (A) An alien who is admitted to the United for training) in the Armed Forces of the TAIN INFORMATION. States as a refugee under section 207 of the United States, or ‘‘Each State to which a grant is made Immigration and Nationality Act. (C) the spouse or unmarried dependent under section 403 shall, at least 4 times an- (B) An alien who is granted asylum under child of an individual described in subpara- nually and upon request of the Immigration graph (A) or (B). section 208 of such Act. and Naturalization Service, furnish the Im- (c) FEDERAL MEANS-TESTED PUBLIC BENEFIT (C) An alien whose deportation is being migration and Naturalization Service with DEFINED.— withheld under section 243(h) of such Act. the name and address of, and other identify- (2) VETERAN AND ACTIVE DUTY EXCEPTION.— (1) Except as provided in paragraph (2), for purposes of this chapter, the term ‘‘Federal ing information on, any individual who the An alien who is lawfully residing in any State knows is unlawfully in the United State and is— means-tested public benefit’’ means a public benefit (including cash, medical, housing, States.’’. (A) a veteran (as defined in section 101 of (c) SSI.—Section 1631(e) of such Act (42 title 38, United States Code) with a discharge and food assistance and social services) of the Federal Government in which the eligi- U.S.C. 1383(e)) is amended— characterized as an honorable discharge and (1) by redesignating the paragraphs (6) and not on account of alienage, bility of an individual, household, or family eligibility unit for benefits, or the amount of (7) inserted by sections 206(d)(2) and 206(f)(1) (B) on active duty (other than active duty of the Social Security Independence and Pro- for training) in the Armed Forces of the such benefits, or both are determined on the basis of income, resources, or financial need grams Improvement Act of 1994 (Public Law United States, or 103–296; 108 Stat. 1514, 1515) as paragraphs (7) (C) the spouse or unmarried dependent of the individual, household, or unit. (2) Such term does not include the follow- and (8), respectively; and child of an individual described in subpara- (2) by adding at the end the following new graph (A) or (B). ing: (A) Emergency medical services under title paragraph: (3) EXCEPTION FOR CHILDREN.—An alien who XV or XIX of the Social Security Act. ‘‘(9) Notwithstanding any other provision has not attained the age of 18 years. (B) Short-term, non-cash, in-kind emer- of law, the Commissioner shall, at least 4 gency disaster relief. times annually and upon request of the Im- AMENDMENT NO. 4956 (C) Assistance or benefits under the Na- migration and Naturalization Service (here- On page 575, strike out line 16 and all that tional School Lunch Act. after in this paragraph referred to as the follows through page 598, line 23, and insert (D) Assistance or benefits under the Child ‘Service’), furnish the Service with the name the following: Nutrition Act of 1966. and address of, and other identifying infor- (D) TRANSITION FOR THOSE CURRENTLY RE- (E)(i) Public health assistance for immuni- mation on, any individual who the Commis- CEIVING BENEFITS.—An alien who on the date zations. sioner knows is unlawfully in the United of the enactment of this Act is lawfully re- (ii) Public health assistance for testing and States, and shall ensure that each agreement siding in any State and is receiving benefits treatment of a communicable disease if the entered into under section 1616(a) with a under such program on the date of the enact- Secretary of Health and Human Services de- State provides that the State shall furnish ment of this Act shall continue to be eligible termines that it is necessary to prevent the such information at such times with respect to receive such benefits until January 1, 1997. spread of such disease. to any individual who the State knows is un- (3) DESIGNATED FEDERAL PROGRAM DE- (F) Payments for foster care and adoption lawfully in the United States.’’. FINED.—For purposes of this chapter, the assistance under part E of title IV of the So- (d) INFORMATION REPORTING FOR HOUSING term ‘‘designated Federal program’’ means cial Security Act for a child who would, in PROGRAMS.—Title I of the United States any of the following: the absence of subsection (a), be eligible to Housing Act of 1937 (42 U.S.C. 1437 et seq.) is (A) TEMPORARY ASSISTANCE FOR NEEDY FAM- have such payments made on the child’s be- amended by adding at the end the following ILIES.—The program of block grants to half under such part, but only if the foster or new section: States for temporary assistance for needy adoptive parent or parents of such child are ‘‘SEC. 27. PROVISION OF INFORMATION TO LAW families under part A of title IV of the Social not described under subsection (a). ENFORCEMENT AND OTHER AGEN- Security Act. (G) Programs, services, or assistance (such CIES. (B) SOCIAL SERVICES BLOCK GRANT.—The as soup kitchens, crisis counseling and inter- ‘‘Notwithstanding any other provision of program of block grants to States for social vention, and short-term shelter) specified by law, the Secretary shall, at least 4 times an- services under title XX of the Social Secu- the Attorney General, in the Attorney Gen- nually and upon request of the Immigration rity Act. eral’s sole and unreviewable discretion after and Naturalization Service (hereafter in this (C) MEDICAID.—The program of medical as- consultation with appropriate Federal agen- section referred to as the ‘Service’), furnish sistance under title XV and XIX of the So- cies and departments, which (i) deliver in- the Service with the name and address of, cial Security Act, except that for the 2-year kind services at the community level, in- and other identifying information on, any in- period beginning on the date of enactment of cluding through public or private nonprofit dividual who the Secretary knows is unlaw- this Act, this subparagraph shall not apply. agencies; (ii) do not condition the provision fully in the United States, and shall ensure SEC. 2403. FIVE-YEAR LIMITED ELIGIBILITY OF of assistance, the amount of assistance pro- that each contract for assistance entered QUALIFIED ALIENS FOR FEDERAL vided, or the cost of assistance provided on into under section 6 or 8 of this Act with a MEANS-TESTED PUBLIC BENEFIT. the individual recipient’s income or re- public housing agency provides that the pub- (a) IN GENERAL.—Notwithstanding any sources; and (iii) are necessary for the pro- lic housing agency shall furnish such infor- other provision of law and except as provided tection of life or safety. mation at such times with respect to any in- in subsection (b), an alien who is a qualified (H) Programs of student assistance under dividual who the public housing agency alien (as defined in section 2431) and who en- titles IV, V, IX, and X of the Higher Edu- knows is unlawfully in the United States.’’. ters the United States on or after the date of cation Act of 1965. Subchapter B—Eligibility for State and Local the enactment of this Act is not eligible for (I) Means-tested programs under the Ele- Public Benefits Programs any Federal means-tested public benefit (as mentary and Secondary Education Act of SEC. 2411. ALIENS WHO ARE NOT QUALIFIED defined in subsection (c)) for a period of five 1965. ALIENS OR NONIMMIGRANTS INELI- years beginning on the date of the alien’s (J) For the 2-year period beginning on the GIBLE FOR STATE AND LOCAL PUB- entry into the United States with a status date of enactment of this Act, any item or LIC BENEFITS. within the meaning of the term ‘‘qualified service provided under a State plan under (a) IN GENERAL.—Notwithstanding any alien’’. title XIX (or title XV, if applicable) of the other provision of law and except as provided S8482 CONGRESSIONAL RECORD — SENATE July 22, 1996

in subsections (b) and (d), an alien who is SEC. 2412. STATE AUTHORITY TO LIMIT ELIGI- (b) APPLICATION.—Subsection (a) shall not— BILITY OF QUALIFIED ALIENS FOR apply with respect to an alien until such (1) a qualified alien (as defined in section STATE PUBLIC BENEFITS. time as the alien— 2431), (a) IN GENERAL.—Notwithstanding any (1) achieves United States citizenship (2) a nonimmigrant under the Immigration other provision of law and except as provided through naturalization pursuant to chapter 2 in subsection (b), a State is authorized to de- and Nationality Act, or of title III of the Immigration and National- termine the eligibility for any State public (3) an alien who is paroled into the United ity Act; or benefits (as defined in subsection (c) of an States under section 212(d)(5) of such Act for (2)(A) has worked 40 qualifying quarters of alien who is a qualified alien (as defined in less than one year, coverage as defined under title II of the So- section 2431), a nonimmigrant under the Im- cial Security Act or can be credited with migration and Nationality Act, or an alien is not eligible for any State or local public such qualifying quarters as provided under who is paroled into the United States under benefit (as defined in subsection (c)). section 2435, and (B) did not receive any Fed- section 212(d)(5) of such Act for less than one (b) EXCEPTIONS.—Subsection (a) shall not year. eral means-tested public benefit (as defined apply with respect to the following State or (b) EXCEPTIONS.—Qualified aliens under in section 2403(c)) during any such quarter. local public benefits: this subsection shall be eligible for any State (c) REVIEW OF INCOME AND RESOURCES OF (1) Emergency medical services under title public benefits. ALIEN UPON REAPPLICATION.—Whenever an XV or XIX of the Social Security Act. (1) TIME-LIMITED EXCEPTION FOR REFUGEES alien is required to reapply for benefits (2) Short-term, non-cash, in-kind emer- AND ASYLEES.— under any Federal means-tested public bene- gency disaster relief. (A) An alien who is admitted to the United fits program, the applicable agency shall re- (3)(A) Public health assistance for immuni- States as a refugee under section 207 of the view the income and resources attributed to zations. Immigration and Nationality Act until 5 the alien under subsection (a). (B) Public health assistance for testing and years after the date of an alien’s entry into (d) APPLICATION.— treatment of a communicable disease if the the United States. (1) If on the date of the enactment of this Secretary of Health and Human Services de- (B) An alien who is granted asylum under Act, a Federal means-tested public benefits termines that it is necessary to prevent the section 208 of such Act until 5 years after the program attributes a sponsor’s income and spread of such disease. date of such grant of asylum. resources to an alien in determining the (4) Programs, services, or assistance (such (C) An alien whose deportation is being alien’s eligibility and the amount of benefits as soup kitchens, crisis counseling and inter- withheld under section 243(h) of such Act for an alien, this section shall apply to any vention, and short-term shelter) specified by until 5 years after such withholding. such determination beginning on the day the Attorney General, in the Attorney Gen- (2) CERTAIN PERMANENT RESIDENT ALIENS.— after the date of the enactment of this Act. eral’s sole and unreviewable discretion after An alien who— (2) If on the date of the enactment of this consultation with appropriate Federal agen- (A) is lawfully admitted to the United Act, a Federal means-tested public benefits cies and departments, which (A) deliver in- States for permanent residence under the program does not attribute a sponsor’s in- kind services at the community level, in- Immigration and Nationality Act; and come and resources to an alien in determin- cluding through public or private nonprofit (B)(i) has worked 40 qualifying quarters of ing the alien’s eligibility and the amount of agencies; (B) do not condition the provision coverage as defined under title II of the So- benefits for an alien, this section shall apply of assistance, the amount of assistance pro- cial Security Act or can be credited with to any such determination beginning 180 vided, or the cost of assistance provided on such qualifying quarters as provided under days after the date of the enactment of this the individual recipient’s income or re- section 2435, and (ii) did not receive any Fed- Act. sources; and (C) are necessary for the protec- eral means-tested public benefit (as defined (e) EXCEPTION.—For the 2-year period be- tion of life or safety. in section 2403(c)) during any such quarter. ginning on the date of the enactment of this (c) STATE OR LOCAL PUBLIC BENEFIT DE- (3) VETERAN AND ACTIVE DUTY EXCEPTION.— Act, subsection (a) shall not apply to medi- FINED.— An alien who is lawfully residing in any cal assistance provided under a State plan (1) Except as provided in paragraph (2), for State and is— under title XIX (or title XV, if applicable) of purposes of this subchapter the term ‘‘State (A) a veteran (as defined in section 101 of the Social Security Act. or local public benefit’’ means— title 38, United States Code) with a discharge SEC. 2422. AUTHORITY FOR STATES TO PROVIDE (A) any grant, contract, loan, professional characterized as an honorable discharge and FOR ATTRIBUTION OF SPONSORS IN- license, or commercial license provided by not on account of alienage, COME AND RESOURCES TO THE an agency of a State or local government or (B) on active duty (other than active duty ALIEN WITH RESPECT TO STATE PROGRAMS. by appropriated funds of a State or local gov- for training) in the Armed Forces of the ernment; and United States, or (a) OPTIONAL APPLICATION TO STATE PRO- (B) any retirement, welfare, health, dis- (C) the spouse or unmarried dependent GRAMS.—Except as provided in subsection ability, public or assisted housing, post- child of an individual described in subpara- (b), in determining the eligibility and the secondary education, food assistance, unem- graph (A) or (B). amount of benefits of an alien for any State ployment benefit, or any other similar bene- (4) TRANSITION FOR THOSE CURRENTLY RE- public benefits (as defined in section 2412(c)), fit for which payments or assistance are pro- CEIVING BENEFITS.—An alien who on the date the State or political subdivision that offers vided to an individual, household, or family of the enactment of this Act is lawfully re- the benefits is authorized to provide that the eligibility unit by an agency of a State or siding in any State and is receiving benefits income and resources of the alien shall be local government or by appropriated funds of on the date of the enactment of this Act deemed to include— a State or local government. shall continue to be eligible to receive such (1) the income and resources of any indi- (2) Such term shall not apply— benefits until January 1, 1997. vidual who executed an affidavit of support (A) to any contract, professional license, or (c) STATE PUBLIC BENEFITS DEFINED.—The pursuant to section 213A of the Immigration commercial license for a nonimmigrant term ‘‘State public benefits’’ means any and Nationality Act (as added by section whose visa for entry is related to such em- means-tested public benefit of a State or po- 2423) on behalf of such alien, and ployment in the United States; or litical subdivision of a State under which the (2) the income and resources of the spouse State or political subdivision specifies the (B) with respect to benefits for an alien (if any) of the individual. standards for eligibility, and does not in- who as a work authorized nonimmigrant or (b) EXCEPTIONS.—Subsection (a) shall not clude any Federal public benefit. as an alien lawfully admitted for permanent apply with respect to the following State residence under the Immigration and Nation- Subchapter C—Attribution of Income and public benefits: ality Act qualified for such benefits and for Affidavits of Support (1) Emergency medical services. whom the United States under reciprocal SEC. 2421. FEDERAL ATTRIBUTION OF SPONSOR’S (2) Short-term, non-cash, in-kind emer- treaty agreements is required to pay bene- INCOME AND RESOURCES TO ALIEN. gency disaster relief. fits, as determined by the Secretary of State, (a) IN GENERAL.—Notwithstanding any (3) Programs comparable to assistance or after consultation with the Attorney Gen- other provision of law, in determining the benefits under the National School Lunch eral. eligibility and the amount of benefits of an Act. alien for any Federal means-tested public (4) Programs comparable to assistance or (d) STATE AUTHORITY TO PROVIDE FOR ELI- benefits program (as defined in section benefits under the Child Nutrition Act of GIBILITY OF ILLEGAL ALIENS FOR STATE AND 2403(c)), the income and resources of the 1966. LOCAL PUBLIC BENEFITS.—A State may pro- alien shall be deemed to include the follow- (5)(A) Public health assistance for immuni- vide that an alien who is not lawfully ing: zations. present in the United States is eligible for (1) The income and resources of any person (B) Public health assistance for testing and any State or local public benefit for which who executed an affidavit of support pursu- treatment of a communicable disease if the such alien would otherwise be ineligible ant to section 213A of the Immigration and appropriate chief State health official deter- under subsection (a) only through the enact- Nationality Act (as added by section 2423) on mines that it is necessary to prevent the ment of a State law after the date of the en- behalf of such alien. spread of such disease. actment of this Act which affirmatively pro- (2) The income and resources of the spouse (6) Payments for foster care and adoption vides for such eligibility. (if any) of the person. assistance. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8483 (7) Programs, services, or assistance (such ‘‘(B) if such failure occurs with knowledge Attorney General, which date shall be not as soup kitchens, crisis counseling and inter- that the alien has received any means-tested earlier than 60 days (and not later than 90 vention, and short-term shelter) specified by public benefit, not less than $2,000 or more days) after the date the Attorney General the Attorney General of a State, after con- than $5,000. formulates the form for such affidavits under sultation with appropriate agencies and de- ‘‘(e) REIMBURSEMENT OF GOVERNMENT EX- subsection (b) of such section. partments, which (A) deliver in-kind services PENSES.—(1)(A) Upon notification that a (d) BENEFITS NOT SUBJECT TO REIMBURSE- at the community level, including through sponsored alien has received any benefit MENT.—Requirements for reimbursement by public or private nonprofit agencies; (B) do under any means-tested public benefits pro- a sponsor for benefits provided to a spon- not condition the provision of assistance, the gram, the appropriate Federal, State, or sored alien pursuant to an affidavit of sup- amount of assistance provided, or the cost of local official shall request reimbursement by port under section 213A of the Immigration assistance provided on the individual recipi- the sponsor in the amount of such assist- and Nationality Act shall not apply with re- ent’s income or resources; and (C) are nec- ance. spect to the following: essary for the protection of life or safety. ‘‘(B) The Attorney General, in consultation (1) Emergency medical services under title (8) For the 2-year period beginning on the with the Secretary of Health and Human XV or XIX of the Social Security Act. date of the enactment of this Act, benefits Services, shall prescribe such regulations as (2) Short-term, non-cash, in-kind emer- and services comparable to benefits and serv- may be necessary to carry out subparagraph gency disaster relief. ices provided under a State plan under title (A). (3) Assistance or benefits under the Na- XIX (or title XV, if applicable) of the Social ‘‘(2) If within 45 days after requesting reim- tional School Lunch Act. Security Act (other than emergency medical bursement, the appropriate Federal, State, (4) Assistance or benefits under the Child services described in paragraph (1). or local agency has not received a response Nutrition Act of 1966. SEC. 2423. REQUIREMENTS FOR SPONSOR’S AFFI- from the sponsor indicating a willingness to (5)(A) Public health assistance for immuni- DAVIT OF SUPPORT. commence payments, an action may be zations. (a) IN GENERAL.—Title II of the Immigra- brought against the sponsor pursuant to the (B) Public health assistance for testing and tion and Nationality Act is amended by in- affidavit of support. treatment of a communicable disease if the serting after section 213 the following new ‘‘(3) If the sponsor fails to abide by the re- Secretary of Health and Human Services de- section: payment terms established by such agency, termines that it is necessary to prevent the ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF the agency may, within 60 days of such fail- spread of such disease. SUPPORT ure, bring an action against the sponsor pur- (6) Payments for foster care and adoption assistance under part E of title IV of the So- ‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No af- suant to the affidavit of support. fidavit of support may be accepted by the At- ‘‘(4) No cause of action may be brought cial Security Act for a child, but only if the torney General or by any consular officer to under this subsection later than 10 years foster or adoptive parent or parents of such establish that an alien is not excludable as a after the alien last received any benefit child are not otherwise ineligible pursuant public charge under section 212(a)(4) unless under any means-tested public benefits pro- to section 2403 of this Act. such affidavit is executed as a contract— gram. (7) Programs, services, or assistance (such ‘‘(A) which is legally enforceable against ‘‘(5) If, pursuant to the terms of this sub- as soup kitchens, crisis counseling and inter- the sponsor by the sponsored alien, the Fed- section, a Federal, State, or local agency re- vention, and short-term shelter) specified by eral Government, and by any State (or any quests reimbursement from the sponsor in the Attorney General, in the Attorney Gen- political subdivision of such State) which the amount of assistance provided, or brings eral’s sole and unreviewable discretion after provides any means-tested public benefits an action against the sponsor pursuant to consultation with appropriate Federal agen- program, but not later than 10 years after the affidavit of support, the appropriate cies and departments, which (A) deliver in- the alien last receives any such benefit; agency may appoint or hire an individual or kind services at the community level, in- ‘‘(B) in which the sponsor agrees to finan- other person to act on behalf of such agency cluding through public or private nonprofit cially support the alien, so that the alien acting under the authority of law for pur- agencies; (B) do not condition the provision will not become a public charge; and poses of collecting any moneys owed. Noth- of assistance, the amount of assistance pro- ‘‘(C) in which the sponsor agrees to submit ing in this subsection shall preclude any ap- vided, or the cost of assistance provided on to the jurisdiction of any Federal or State propriate Federal, State, or local agency the individual recipient’s income or re- court for the purpose of actions brought from directly requesting reimbursement sources; and (C) are necessary for the protec- under subsection (e)(2). from a sponsor for the amount of assistance tion of life or safety. ‘‘(2) A contract under paragraph (1) shall provided, or from bringing an action against (8) Programs of student assistance under be enforceable with respect to benefits pro- a sponsor pursuant to an affidavit of support. titles IV, V, IX, and X of the Higher Edu- vided to the alien until such time as the ‘‘(f) DEFINITIONS.—For the purposes of this cation Act of 1965. alien achieves United States citizenship section— (9) For the 2-year period beginning on the through naturalization pursuant to chapter 2 ‘‘(1) SPONSOR.—The term ‘sponsor’ means date of the enactment of this Act, any item of title III. an individual who— or service provided under a State plan under ‘‘(b) FORMS.—Not later than 90 days after ‘‘(A) is a citizen or national of the United title XIX (or title XV, if applicable) of the the date of enactment of this section, the At- States or an alien who is lawfully admitted Social Security Act (other than emergency torney General, in consultation with the to the United States for permanent resi- medical services described in paragraph (1)). Secretary of State and the Secretary of dence; Health and Human Services, shall formulate ‘‘(B) is 18 years of age or over; NICKLES AMENDMENT NO. 4957 an affidavit of support consistent with the ‘‘(C) is domiciled in any of the 50 States or Mr. DOMENICI (for Mr. NICKLES) pro- provisions of this section. the District of Columbia; and ‘‘(c) REMEDIES.—Remedies available to en- ‘‘(D) is the person petitioning for the ad- posed an amendment to the bill, S. force an affidavit of support under this sec- mission of the alien under section 204. 1956, supra; as follows: tion include any or all of the remedies de- ‘‘(2) MEANS-TESTED PUBLIC BENEFITS PRO- On page 438, line 15, strike ‘‘5’’ and insert scribed in section 3201, 3203, 3204, or 3205 of GRAM.—The term ‘means-tested public bene- ‘‘7.’’ title 28, United States Code, as well as an fits program’ means a program of public ben- f order for specific performance and payment efits (including cash, medical, housing, and of legal fees and other costs of collection, food assistance and social services) of the THE AGRICULTURE, RURAL DE- and include corresponding remedies avail- Federal Government or of a State or politi- VELOPMENT, FOOD AND DRUG able under State law. A Federal agency may cal subdivision of a State in which the eligi- ADMINISTRATION, AND RELATED seek to collect amounts owed under this sec- bility of an individual, household, or family AGENCIES APPROPRIATIONS tion in accordance with the provisions of eligibility unit for benefits under the pro- subchapter II of chapter 37 of title 31, United ACT, 1997 gram, or the amount of such benefits, or States Code. both are determined on the basis of income, ‘‘(d) NOTIFICATION OF CHANGE OF AD- resources, or financial need of the individual, DRESS.— COCHRAN AMENDMENT NO. 4958 household, or unit.’’. ‘‘(1) IN GENERAL.—The sponsor shall notify (b) CLERICAL AMENDMENT.—The table of Mr. COCHRAN proposed an amend- the Attorney General and the State in which contents of such Act is amended by inserting ment to the bill (H.R. 3603) making ap- the sponsored alien is currently resident after the item relating to section 213 the fol- propriations for Agriculture, Rural De- within 30 days of any change of address of lowing: the sponsor during the period specified in velopment, Food and Drug Administra- subsection (a)(2). ‘‘Sec. 213A. Requirements for sponsor’s affi- tion, and related agencies programs for ‘‘(2) PENALTY.—Any person subject to the davit of support.’’. the fiscal year ending September 30, requirement of paragraph (1) who fails to (c) EFFECTIVE DATE.—Subsection (a) of sec- 1997, and for other purposes; as follows: satisfy such requirement shall be subject to tion 213A of the Immigration and National- On page 12, line 25, strike ‘‘$46,068,000’’ and a civil penalty of— ity Act, as inserted by subsection (a) of this insert in lieu thereof ‘‘$46,018,000’’. ‘‘(A) not less than $250 or more than $2,000, section, shall apply to affidavits of support On page 14, line 10, strike $418,358,000’’ and or executed on or after a date specified by the insert in lieu thereof ‘‘$418,308,000’’. S8484 CONGRESSIONAL RECORD — SENATE July 22, 1996 On page 17, line 8, strike ‘‘$11,331,000’’ and program for quota peanuts under section On page 10, line 18, strike ‘‘$721,758,000’’ and insert in lieu thereof ‘‘$11,381,000’’. 155(a) of the Agricultural Market Transition insert in lieu thereof ‘‘$702,831,000’’. On page 17, line 8, strike ‘‘$431,072,000’’ and Act (7 U.S.C. 7271(a)) under which the na- insert in lieu thereof ‘‘$431,122,000’’. tional average loan rate for quota peanuts is GREGG AMENDMENT NO. 4969 $610 per ton unless the Secretary also exer- Mr. GREGG proposed an amendment GREGG AMENDMENT NO. 4959 cises other authorities provided to the Sec- retary by law to ensure that the market to amendment No. 4959 proposed by Mr. GREGG proposed an amendment price for the peanuts is not more than $625 him to the bill, H.R. 3603, supra; as fol- to the bill, H.R. 3603, supra; as follows: per ton. lows: At the end of the bill, add the following: Strike all after the word ‘‘SEC’’ and insert AMENDMENT NO. 4964 SEC. . REPAYMENT OF CERTAIN SUGAR LOANS. the following: At the end of the bill, add the following: None of the funds appropriated or other- REPAYMENT OF CERTAIN SUGAR LOANS. wise made available by this Act may be used SEC. . NATIONAL POUNDAGE QUOTA FOR PEA- None of the funds appropriated or other- NUTS FOR 1997 MARKETING YEAR. to make a loan to a processor of sugarcane wise made available by this Act may be used None of the funds appropriated or other- to make a loan to a processor of sugarcane or sugar beets, or both, who has an annual wise made available by this Act may be used revenue that exceeds $10 million, unless the or sugar beets, or both, who has an annual to administer a peanut program for the 1997 revenue that exceeds $15 million, unless the terms of the loan require the processor to marketing year under part VI of subtitle B repay the full amount of the loan, plus inter- terms of the loan require the processor to of title III of the Agricultural Adjustment repay the full amount of the loan, plus inter- est. Act of 1938 (7 U.S.C. 1357 et seq.) unless the est. Secretary of Agriculture establishes the na- SANTORUM AMENDMENTS NO. 4960– tional poundage quota for peanuts for the CRAIG AMENDMENT NO. 4970 4967 1997 marketing year under section 358–1(a) of the Act (7 U.S.C. 1358–1(a)) at a level that is (Ordered to lie on the table.) (Ordered to lie on the table.) not less than 1,215,000 tons. Mr. CRAIG submitted an amendment Mr. SANTORUM submitted eight intended to be proposed by him to the amendments intended to be proposed AMENDMENT NO. 4965 bill, H.R. 3603, supra; as follows: by him to the bill, H.R. 3603, supra; as At the end of the bill, add the following: At the appropriate place in the bill insert follows: SEC. . PRODUCTION AND SALE OF DOMESTIC the following: PEANUTS. AMENDMENT NO. 4960 SEC. ll. H–2A WORKERS. None of the funds appropriated or other- At the end of the bill, add the following: (a) Section 218(a) (8 U.S.C. 1188(a)) is wise made available by this Act may be used amended— SEC. . DENIAL OF NONRECOURSE LOANS TO to administer a peanut program under sec- (1) by redesignating paragraph (2) as para- CERTAIN LARGE PEANUT QUOTA tion 155 of the Agricultural Market Transi- HOLDERS. graph (3); and tion Act (7 U.S.C. 7271) or part VI of subtitle (2) by inserting after paragraph (1) the fol- None of the funds appropriated or other- B of title III of the Agricultural Adjustment wise made available by this Act may be used lowing: Act of 1938 (7 U.S.C. 1357 et seq.) that denies ‘‘(2) In considering an employer’s petition to make a nonrecourse loan available under the right of a citizen of the United States to section 155(a) of the Agricultural Market for admission of H–2A aliens the Attorney produce and sell peanuts for domestic edible General shall consider the certification deci- Transition Act (7 U.S.C. 7271(a)) for a mar- use in the United States. keting year to a producer who— sion of the Secretary of Labor and shall con- sider any countervailing evidence submitted (1) owns or leases more than 1,000,000 AMENDMENT NO. 4966 by the employer with respect to the non- pounds of quota peanuts; and At the end of the bill, add the following: availability of United States workers and (2) refuses to accept a written offer from a SEC. . PRODUCTION OF ADEQUATE SUPPLY OF the employer’s compliance with the require- handler to purchase any portion of a crop of PEANUTS; PAYMENT OF ADMINIS- ments of this section, and may consult with quota peanuts of the producer at a price that TRATIVE COSTS BY QUOTA GROW- the Secretary of Agriculture.’’. is at least equal to the national average ERS. (b) Section 218(b) (8 U.S.C. 1188(b)) is None of the funds appropriated or other- quota loan rate for quota peanuts estab- amended by striking out paragraph (4) and wise made available by this Act may be used lished under section 155(a)(2) of the Act. inserting the following: to administer a peanut program under sec- ‘‘(4) DETERMINATION BY THE SECRETARY.— tion 155 of the Agricultural Market Transi- AMENDMENT NO. 4961 The Secretary determines that the employer tion Act (7 U.S.C. 7271) or part VI of subtitle At the end of the bill, add the following: has not filed a job offer for the position to be B of title III of the Agricultural Adjustment filled by the alien with the appropriate local SEC. . LIMITATION ON AMOUNT OF NON- Act of 1938 (7 U.S.C. 1357 et seq.) under RECOURSE LOANS FOR PEANUTS. office of the State employment security which— agency having jurisdiction over the area of None of the funds appropriated or other- (1) the Secretary of Agriculture establishes intended employment, or with the State of- wise made available by this Act may be used the national poundage quota for peanuts for fice of such an agency if the alien will be em- to provide to a producer for a crop of peanuts the 1997 marketing year under section 358– ployed in an area within the jurisdiction of a total amount of nonrecourse loans under 1(a) of the Act (7 U.S.C. 1358–1(a)) at a level more than one local office of such an agency, section 155 of the Agricultural Market Tran- that is less than the estimated domestic de- which meets the criteria of paragraph (5). sition Act (7 U.S.C. 7271) in excess of $40,000. mand for the peanuts; or (2) consumers, rather than producers hav- ‘‘(5) REQUIRED TERMS AND CONDITIONS OF AMENDMENT NO. 4962 ing farm poundage quotas, pay the cost of EMPLOYMENT.—The Secretary determines that the employer’s job offer does not meet At the end of the bill, add the following: carrying out the program. one or more of the following criteria: SEC. . PROHIBITION ON PURCHASE OF QUOTA ‘‘(A) REQUIRED RATE OF PAY.—The em- PEANUTS FOR DOMESTIC FEEDING AMENDMENT NO. 4967 ployer has offered to pay H–2A aliens and all PROGRAMS. At the end of the bill, add the following: other workers in the occupation in the area (a) QUOTA PEANUTS.—None of the funds ap- SEC. . PROHIBITION ON CONFLICTS OF INTER- of intended employment an adverse effect propriated or otherwise made available by EST IN PEANUT PRICE SUPPORT wage rate of not less than the median rate of this Act may be used by the Secretary of Ag- PROGRAM. pay for similarly employed workers in the riculture to purchase or use quota peanuts to None of the funds appropriated or other- area of intended employment. carry out a domestic feeding program. wise made available by this Act may be used ‘‘(B) PROVISION OF HOUSING.— (b) ADDITIONAL PEANUTS.—In lieu of pur- to carry out a peanut program under section ‘‘(i) IN GENERAL.—The employer has offered chasing or using quota peanuts to carry out 155 of the Agricultural Market Transition to provide housing to H–2A aliens and those a domestic feeding program, the Secretary Act (7 U.S.C. 7271) or part VI of subtitle B of workers not reasonably able to return to shall purchase and use additional peanuts to title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) that is operated their residence within the same day, without carry out the program, and shall not con- charge to the worker. The employer may, at sider such peanuts to be peanuts for ‘‘domes- by a marketing association if the Secretary of Agriculture determines, using standards the employer’s option, provide housing meet- tic edible use’’ in the operation of the peanut ing applicable Federal standards for tem- program. established to carry out title II of the Ethics in Government Act of 1978 (5 U.S.C. App.), porary labor camps, or provide rental or pub- that a member of the Board of Directors of lic accommodation type housing which AMENDMENT NO. 4963 the association has a conflict of interest meets applicable local or state standards for At the end of the bill, add the following: with respect to the program. such housing. SEC. . CONSUMER PROTECTION FOR PEANUT ‘‘(ii) HOUSING ALLOWANCE AS ALTER- PRICE-FIXING PROGRAM. NATIVE.—In lieu of offering the housing re- MCCAIN AMENDMENT NO. 4968 None of the funds appropriated or other- quired in clause (i), the employer may pro- wise made available by this Act may be used Mr. MCCAIN proposed an amendment vide a reasonable housing allowance to work- by the Secretary of Agriculture to operate a to the bill, H.R. 3603, supra; as follows: ers not reasonably able to return to their July 22, 1996 CONGRESSIONAL RECORD — SENATE S8485 place of residence within the same day, but ‘‘(A) The employer shall be notified in terms of the approved job offer can not be only if the Secretary determines that hous- writing within seven calendar days of the confirmed and to replace referred workers ing is reasonably available within the ap- date of filing, if the application does not who fail to report for work on the date of proximate area of employment. An employer meet the criteria described in subsection (b) need and replace referred workers who aban- who offers a housing allowance pursuant to for approval. don their employment or are terminated for this subparagraph shall not be deemed to be ‘‘(B) If the application does not meet such cause, and for which replacement workers a housing provider under section 203 of the criteria, the notice shall specify the specific are not immediately available pursuant to Migrant and Seasonal Agricultural Worker deficiencies of the application and the Sec- subsection (b)(6).’’. Protection Act (29 U.S.C. 1823) merely by vir- retary shall provide an opportunity for the (g) Section 218(g) (8 U.S.C. 1188(g)) is tue of providing such housing allowance. prompt resubmission of a modified applica- amended— ‘‘(iii) SPECIAL HOUSING STANDARDS FOR tion. (1) by redesignating paragraph (2) as para- SHORT DURATION EMPLOYMENT.— The Sec- ‘‘(3) ISSUANCE OF CERTIFICATION.— graph (2)(A); and retary shall promulgate special regulations ‘‘(A) The Secretary shall provide to the (2) by inserting after paragraph (2)(A) the permitting the provision of short-term tem- employer, not later than 20 days before the following: porary housing for workers employed in oc- date such labor or services are first required ‘‘(B) No employer shall be subject to any cupations in which employment is expected to be performed, the certification described liability or punishment on the basis of an to last 40 days or less. in subsection (a)(1)— employment action or practice by such em- ‘‘(iv) TRANSITIONAL PERIOD FOR PROVISION ‘‘(i) with respect to paragraph (a)(1)(A) if ployer that conforms with the terms and OF SPECIAL HOUSING STANDARDS IN OTHER EM- the employer’s application meets the cri- conditions of a job offer approved by the Sec- PLOYMENT.—For a period of five years after teria described in subsection (b), or a state- retary pursuant to this Section, unless and the date of enactment of this section, the ment of the specific reasons why such certifi- until the employer has been notified that Secretary shall approve the provision of cation can not be made, and such certification has been amended or in- housing meeting the standards described in ‘‘(ii) with respect to subsection (a)(1)(B), to validated by a final order of the Secretary or clause (iii) in occupations expected to last the extent that the employer does not actu- of a court of competent jurisdiction.’’. longer than 40 days in areas where available ally have, or has not been provided with the (h) Section 218(h) is amended by adding at housing meeting the criteria described in names, addresses and Social Security num- the end thereof the following: subparagraph (i) is found to be insufficient. bers of workers referred to the employer who ‘‘(3) No court of the United States shall ‘‘(iv) PRE-EMPTION OF STATE AND LOCAL are able, willing and qualified and have indi- have jurisdiction to issue any restraining STANDARDS.—The standards described in cated they will be available at the time and order or temporary or permanent injunction clauses (ii) and (iii) shall preempt any State place needed to perform such labor or serv- preventing or delaying the issuance by the and local standards governing the provision ices on the terms and conditions of the job Secretary of a certification pursuant to this of temporary housing to agricultural work- offer approved by the Secretary. For each section, or the approval by the Attorney ers. worker referred, the Secretary shall also pro- General of a petition to import an alien as ‘‘(C) REIMBURSEMENT OF TRANSPORTATION vide the employer with information suffi- an H–2A worker, or the actual importation of COSTS.—The employer has offered to reim- cient to permit the employer to contact the any such alien as an H–2A worker following burse H–2A aliens and workers recruited referred worker for the purpose of reconfirm- such approval by the Attorney General.’’ . from beyond normal commuting distance the ing the worker’s availability for work at the Mr. CRAIG. Mr. President, I submit most economical common carrier transpor- time and place needed. tation charge and reasonable subsistence an amendment regarding reforms to ‘‘(B) If, at the time the Secretary deter- the H–2A Temporary Agricultural from the place from which the worker comes mines that the employer’s job offer meets to work for the employer, (but not more Workers Program. the criteria described in subsection (b) there Let me start by publicly thanking than the most economical common carrier are already unfilled job opportunities in the my good friend, AL SIMPSON. The sen- transportation charge from the worker’s nor- occupation and area of intended employment mal place of residence) if the worker com- for which the employer is seeking workers, ior Senator from Wyoming has been pletes 50 percent of the anticipated period of the Secretary shall provide the certification tireless in his efforts to maneuver im- employment. If the worker recruited from at the same time the Secretary approves the migration legislation through the 104th beyond normal commuting distance com- employer’s job offer.’’. Congress. While, I am very appre- pletes the period of employment, the em- (d) Section 218 (8 U.S.C 1188) is amended by ciative of his efforts in general, I want ployer will provide or pay for the worker’s striking out section (e) and inserting in lieu to address an issue that is of utmost transportation and reasonable subsistence to thereof the following: the worker’s next place of employment, or to importance to this country’s farmers ‘‘(e) EXPEDITED APPEALS OF CERTAIN DE- and ranchers. the worker’s normal place of residence, TERMINATIONS.—The Secretary shall provide whichever is less. by regulation for an expedited procedure for That issue is the impact of immigra- ‘‘(D) GUARANTEE OF EMPLOYMENT.—The em- the review of the nonapproval of an employ- tion reform on the supply of agricul- ployer has offered to guarantee the worker er’s job offer pursuant to subsection (c)(2) tural labor. There is very real concern employment for at least three-fourths of the and of the denial of certification in whole or among Idaho farmers and throughout workdays of the employer’s actual period of in part pursuant to subsection (c)(3) or, at the countryside that these reforms will employment in the occupation. Workers who the applicant’s request, a de novo adminis- reduce the availability of agricultural abandon their employment or are termi- trative hearing respecting the nonapproval workers. nated for cause shall forfeit this guarantee. or denial.’’. Farmers need access to an adequate (e) Section 218 is amended— ‘‘(6) PREFERENCE FOR U.S. WORKERS.—The supply of workers and want to have employer has not assured on the application (1) by redesignating subsections (f) through that the employer will provide employment (i) as subsections (g) through (j), respec- certainty that they are hiring a legal to all qualified United States workers who tively; and work force. In 1995, the total agricul- apply to the employer and assure that they (2) by adding the following after subsection tural work force was about 2.5 million will be available at the time and place need- (e): people. That equates to 6.7% of our ed until the time the employer’s foreign ‘‘(f) The following procedures shall apply labor force that is directly involved in workers depart for the employer’s place of to the consideration of petitions by the At- production agriculture and food proc- employment (but not sooner than 5 days be- torney General under this section: essing. fore the date workers are needed), and will ‘‘(1) EXPEDITED PROCESSING OF PETITIONS.— Hired labor is one of the most impor- The Attorney General shall provide an expe- give preference in employment to United tant and costly inputs in farming. U.S. States workers who are immediately avail- dited procedure for the adjudication of peti- tions filed under this section, and the notifi- farmers spent more than $15 billion on able to fill job opportunities that become hired labor expenses in 1992—one of available after the date work in the occupa- cation of visa-issuing consulates where tion begins.’’. aliens seeking admission under this section every eight dollars of farm production (c) Section 218 (8 U.S.C. 1188) is amended by will apply for visas and/or ports of entry expenses. For the labor-intensive fruit, striking out subsection (c) and inserting in where aliens will seek admission under this vegetable and horticultural sector, lieu thereof the following: section within 15 calendar days from the labor accounts for 35 to 45 percent of ‘‘(c) The following rules shall apply to the date such petition is filed by the employer. production costs. issuance of labor certifications by the Sec- ‘‘(2) EXPEDITED AMENDMENTS TO PETI- The competitiveness of U.S. agri- retary under this section: TIONS.—The Attorney General shall provide culture, especially the fruit, vegetable ‘‘(1) DEADLINE FOR FILING APPLICATIONS.— an expedited procedure for the amendment of and horticultural specialty sectors, de- The Secretary may not require that the ap- petitions to increase the number of workers plication be filed more than 40 days before on or after five days before the employers pends on the continued availability of the first date the employer requires the date of need for the labor or services in- hired labor at a reasonable cost. U.S. labor or services of the H–2A worker. volved in the petition to replace referred farmers, including producers of labor- ‘‘(2) NOTICE WITHIN SEVEN DAYS OF DEFI- workers whose continued availability for intensive perishable commodities, com- CIENCIES.— work at the time and place needed under the pete directly with producers in other S8486 CONGRESSIONAL RECORD — SENATE July 22, 1996 countries for market share in both U.S. are made close to the date of need. The to workers whose permanent place of resi- and foreign commodity markets. advance application period serves little dence is beyond normal commuting distance. Wages of U.S. farmworkers will not purpose except to provide time for liti- 3. The employer continues to provide cur- be forced up by eliminating alien labor, gation. rent transportation reimbursement require- Second, in lieu of the present certifi- ments. because growers’ production costs are 4. A guarantee of employment is provided capped by world market commodity cation letter, the Department of Labor for at least three-quarters of the anticipated prices. Instead, a reduction in the work [DOL] would issue the employer a do- hours of work during the actual period of force available to agriculture will force mestic recruitment report indicating employment. U.S. producers to reduce production to that the employer’s job offer meets the 5. The employer will provide workers’ com- the level that can be sustained by a statutory criteria and lists the number pensation or equivalent coverage. smaller work force. of U.S. workers referred. The employer 6. Employer must comply with all applica- Over time, wages for these farm would then file a petition with INS for ble federal, state and local labor laws with workers have actually risen faster than admission of aliens, including a copy of respect to both U.S. and alien workers. non-farm worker wages. Between 1986– DOL’s domestic recruitment report and This combination of employment re- 1994, there was a 34.6-percent increase any countervailing evidence concern- quirements will eliminate the discre- in average hourly earnings for farm ing the adequacy of the job offer and/or tion of Department of Labor to specify workers, while nonfarm workers only the availability of U.S. workers. The terms and conditions of employment saw a 27.1 percent increase. Attorney General would make the ad- on a case-by-case basis. In addition, the Even with this increase in on-farm mission decision. The purpose is to re- scope for litigation will be reduced wages, this country has historically store the role of the Labor Department since employers (and the courts) would been unable to provide a sufficient to that of giving advice to the Attor- know with particularity the required number of domestic workers to com- ney General on labor availability, and terms and conditions of employment. plete the difficult manual labor re- return decision making to the Attor- Eighth, our amendment would pro- quired in the production of many agri- ney General. vide that workers must exhaust admin- cultural commodities. In Idaho, this is Third, the Department of Labor will istrative remedies before engaging especially true for producers of fruit, be required to provide the employer their employers in litigation. sugar beets, onions and other specialty with a domestic recruitment report not Ninth, certainty would be given to crops. later than 20 days before the date of employers who comply with the terms The difficulty in obtaining sufficient need. The report either states suffi- of an approved job order. If at a later domestic workers is primarily due to cient domestic workers are not avail- date the Department of Labor requires the fact that domestic workers prefer able or gives the names and Social Se- changes, the employer would be re- the security of full-time employment curity Numbers of the able, willing and quired to comply with the law only in year round positions. As a result the qualified workers who have been re- prospectively. This very important pro- available domestic work force tends to ferred to the employer. The Depart- vision removes the possibility of retro- prefer the long term positions, leaving ment of Labor now denies certification active liability if an approved order is the seasonal jobs unfilled. In addition, not only on the basis of workers actu- changed. many of the seasonal agricultural jobs ally referred to the employer, but also Again, I urge my colleagues to sup- are located in areas where it is nec- on the basis of reports or suppositions port this amendment and avoid actions essary for workers to migrate into the that unspecified numbers of workers that would jeopardize the labor supply area and live temporarily to do the may become available. The proposed for American agriculture. work. Experience has shown that for- change would assure that only workers eign workers are more likely to mi- actually identified as available would CRAIG AMENDMENT NO. 4971 be the basis for denying foreign work- grate than domestic workers. As a re- (Ordered to lie on the table.) sult of domestic short supply, farmers ers. Fourth, the Immigration and Natu- Mr. CRAIG submitted an amendment and ranchers have had to rely upon the ralization Service [INS] will provide intended to be proposed by him to the assistance of foreign workers. expedited processing of employers’ pe- bill, H.R. 3603, supra; as follows: The only current mechanism avail- titions, and, if approved, notify the At the end of the matter proposed to be in- able to admit foreign workers for agri- visa issuing consulate or port of entry serted by the amendment, insert the follow- cultural employment is the H–2A pro- within 15 calendar days. This will en- ing: gram. The H–2A program is intended to sure timely admission decisions. SEC. . REVIEW AND REPORT ON H–2A NON- serve as a safety valve for times when Fifth, INS will also provide expedited IMMIGRANT WORKERS PROGRAM. domestic labor is unavailable. Unfortu- procedures for amending petitions to (a) SENSE OF THE CONGRESS.—It is the sense nately, the H–2A program isn’t work- increase the number of workers admit- of the Congress that the enactment of this Act may impact the future availability of an ing. ted on 5 days before the date of need. Despite efforts to streamline the adequate work force for the producers of our This is to reduce the paperwork and in- temporary worker program in 1986, it Nation’s labor intensive agricultural com- crease the timeliness of obtaining now functions so poorly that few in ag- modities and livestock. needed workers very close to or after (b) REVIEW.—The Comptroller General riculture use it without risking an in- the work has started. shall review the effectiveness of the H–2A adequate work force, burdensome regu- Sixth, DOL will continue to recruit nonimmigrant worker program to ensure lations and potential litigation ex- domestic workers and make referrals that the program provides a workable safety pense. In fact, usage of the program to employers until 5 days before the valve in the event of future shortages of do- mestic workers after the enactment of this has actually decreased from 25,000 date of need. This method is needed to workers in 1986 to only 17,000 in 1995. Act. Among other things, the Comptroller allow the employer at a date certain to General shall review the program to deter- Our amendment will provide some complete his hiring, and to operate much needed reforms to the H–2A pro- mine— without having the operation disrupted (1) that the program ensures that an ade- gram. I urge my colleagues to consider by having to displace existing workers quate supply of qualified United States the following parts of our amendment with new workers. workers is available at the time and place as a reasonable modification of the H– Seventh, our amendment will enu- needed for employers seeking such workers 2A program. merate the specific obligations of em- after the date of enactment of this Act; First, the amendment will reduce the ployers in occupations in which H–2A (2) that the program ensures that there is timely approval of applications for tem- advance filing deadline from 60 to 40 workers are employed. The proposed days before workers are needed. In porary foreign workers under the H–2A non- definition would define jobs that meet immigrant worker program in the event of many agricultural operations, 60 days the following criteria as not adversely is too far in advance to be able to pre- shortages of United States workers after the affecting U.S. workers: date of enactment of this Act; dict labor needs with the precision re- 1. The employer offers a competitive wage (3) that the program ensures that imple- quired in H–2A applications. Further- for the position. mentation of the H–2A nonimmigrant worker more, virtually all referrals of U.S. 2. The employer will provide approved program is not displacing United States agri- workers who actually report for work housing, or a reasonable housing allowance, cultural workers or diminishing the terms July 22, 1996 CONGRESSIONAL RECORD — SENATE S8487 and conditions of employment of United On page 71, strike all after line 22 through ment of Agriculture Reorganization Act of States agricultural workers; and page 72, line 2 and insert in lieu thereof the 1994 (7 U.S.C. 6933), $70,000,000, except that (4) if and to what extent the H–2A non- following: not to exceed $700 shall be available for offi- immigrant worker program is contributing ‘‘SEC. 721. None of the funds appropriated cial reception and representation expenses, to the problem of illegal immigration. or otherwise made available by this Act, or as authorized by section 506(i) of the Federal (c) REPORT.—Not later than December 31, made available through the Commodity Crop Insurance Act (7 U.S.C. 1506(i)). 1996, or three months after the date of enact- Credit Corporation, shall be used to enroll in ment of this Act, whichever is sooner, the excess of 130,000 acres in the fiscal year 1997 AMENDMENT NO. 4980 wetlands reserve program, as authorized by Comptroller General shall submit a report to At the appropriate place in the bill, insert 16 U.S.C. 3837: Provided, That additional acre- Congress setting forth the finding of the re- the following new section: view conducted under subsection (b). age may be enrolled in the program to the SEC. ll. DEPARTMENT OF AGRICULTURE VOL- (d) DEFINITIONS.—As used in this section— extent that non-Federal funds available to (1) the term ‘‘Comptroller General’’ means the Secretary are used to fully compensate UNTARY SEPARATION INCENTIVE PAYMENTS. the Comptroller General of the United for the cost of additional enrollments: Pro- (a) SHORT TITLE.—This section may be States; and vided further, That the condition on enroll- cited as the ‘‘Department of Agriculture Vol- (2) the term ‘‘H–2A nonimmigrant worker ments provided in section 1237(b)(2)(B) of the untary Separation Incentive Payments Act program’’ mens the program for the admis- Food Security Act of 1985, as amended, (16 of 1996’’. sion of nonimmigrant aliens described in sec- U.S.C. 3837(b)(2)(B)) shall be deemed met (b) DEFINITIONS.—For purposes of this sec- tion 101(a)(15)(H)(ii)(a) of the Immigration upon the enrollment of 43,333 acres through tion— and Nationality Act. the use of temporary easements: Provided further, That the Secretary shall not enroll (1) the term ‘‘Secretary’’ means the Sec- Mr. CRAIG. Mr. President, I submit retary of Agriculture; an amendment regarding temporary acres in the wetlands reserve program through the use of new permanent easements (2) the term ‘‘agency’’ means an agency of agricultural workers. in fiscal year 1998 until the Secretary has en- the Department of Agriculture, as defined My amendment mandates an imme- rolled at least 31,667 acres in the program under regulations prescribed by the Sec- diate General Accounting Office [GAO] through the use of temporary easements’’. retary; and study on the availability of an ade- (3) the term ‘‘employee’’— quate work force for our Nation’s labor (A) means an employee (as defined under KOHL AMENDMENT 4976 section 2105 of title 5, United States Code) of intensive farm and ranch sectors. In Mr. BUMPERS (for Mr. KOHL) pro- an agency, or an individual employed by a addition, the study will review the ef- posed an amendment to the bill, H.R. county committee established under section fectiveness of the existing H–2A non- 3603, supra; as follows: 8(b)(5) of the Soil Conservation and Domestic immigrant worker program. This re- Allotment Act (16 U.S.C. 590h(b)(5)), who— On page 12, line 25, strike ‘‘$46,018,000’’ and (i) is serving under an appointment with- port will be concluded within 3 months insert ‘‘$46,330,000’’. of the agricultural appropriations bill On page 14, line 10, strike ‘‘$418,308,000’’ and out time limitation; and enactment. insert ‘‘$418,620,000’’. (ii) has been currently employed for a con- This same amendment was supported On page 21, line 4, strike ‘‘$47,829,000’’ and tinuous period of at least 12 months; and by a bipartisan group of 10 Senators insert ‘‘$47,517,000’’. (B) does not include— (i) a reemployed annuitant under sub- during the immigration reform legisla- BRYAN (AND OTHERS) chapter III of chapter 83 or chapter 84 of title tion and accepted on an unanimous 5, United States Code, or another retirement consent basis. I urge my colleagues to AMENDMENT NO. 4977 system for employees of the Government; accept this amendment and avoid a po- Mr. BRYAN (for himself, Mr. KERRY, (ii) an employee having a disability on the tential agricultural labor shortage this Mr. GREGG, and Mr. BUMPERS) proposed basis of which such employee is or would be fall. an amendment to the bill, H.R. 3603, eligible for disability retirement under any supra; as follows: of the retirement systems referred to in clause (i); At the end of the bill, add the following: COCHRAN AMENDMENT NO. 4972 (iii) an employee who is in receipt of a spe- Mr. COCHRAN proposed an amend- SEC. . FUNDING LIMITATIONS FOR MARKET AC- cific notice of involuntary separation for CESS PROGRAM. misconduct or unacceptable performance; ment to the bill, H.R. 3603 supra; as fol- None of the funds made available under (iv) an employee who, upon completing an lows: this Act may be used to carry out the mar- additional period of service as referred to in On page 81, after line 8, add the following: ket access program pursuant to section 203 section 3(b)(2)(B)(ii) of the Federal ‘‘This Act may be cited as the ‘Agriculture, of the Agricultural Trade Act of 1978 (7 Workforce Restructuring Act of 1994 (5 Rural Development, Food and Drug Adminis- U.S.C. 5623) if the aggregate amount of funds U.S.C. 5597 note; Public Law 103–226), would tration, and Related Agencies Appropria- and value of commodities under the program qualify for a voluntary separation incentive tions Act, 1997’.’’ exceeds $70,000,000. payment under section 3 of such Act; (v) an employee who has previously re- STEVENS AMENDMENT NO. 4973 KERREY (AND OTHERS) ceived any voluntary separation incentive Mr. COCHRAN (for Mr. STEVENS) pro- AMENDMENT NO. 4978 payment by the Federal Government under posed an amendment to the bill, H.R. Mr. KERREY (for himself, Mr. this section or any other authority and has 3603, supra; as follows: DASCHLE, and Mr. PRESSLER) proposed not repaid such payment; or an amendment to the bill, H.R. 3603, (vi) an employee covered by statutory re- On page 47, line 17, before the period add employment rights who has been transferred the following: ‘‘: Provided further, That of the supra; as follows: to another organization. total amount appropriated, not to exceed On page 18, line 12, strike ‘‘$432,103,000’’ and (c) SEPARATION PAY AUTHORITY.—(1) In $10,000,000 shall be for water and waste dis- insert ‘‘$421,078,000’’’. order to avoid or minimize the need for in- posal systems pursuant to section 757 of Pub- On page 20, line 10, strike ‘‘$98,000,000’’ and voluntary separations due to a reduction in lic Law 104–127’’. insert ‘‘$86,975,000’’. force, reorganization, transfer of function, or On page 23, line 8, strike ‘‘$22,728,000’’ and other similar action affecting 1 or more JEFFORDS AMENDMENT NO. 4974 insert ‘‘$24,228,000’’. agencies, the Secretary may offer separation On page 24, line 11, strike ‘‘$557,697,000’’ and pay to encourage eligible employees to sepa- Mr. COCHRAN (for Mr. JEFFORDS) insert ‘‘$566,222,000’’. rate from service voluntarily (whether by re- proposed an amendment to the bill, tirement or resignation). H.R. 3603, supra; as follows: KERREY AMENDMENTS NOS. 4979– (2) The Secretary may offer separation pay On page 24, line 16, before the ‘‘:’’ insert the 4980 under paragraph (1) to employees within following: ‘‘: Provided further, That not to ex- Mr. KERREY proposed two amend- such components of the agency, occupational ceed $1,500,000 of this appropriation shall be ments to the bill, H.R. 3603, supra; as groups or levels of an occupation, geographic made available to establish a joint FSIS/ follows: location, or any appropriate combination of APHIS National Farm Animal Identification these factors, subject to such other similar Pilot Program for dairy cows’’. AMENDMENT NO. 4979 limitations or conditions as the Secretary On page 25, line 16, strike ‘‘$795,000,000’’ and may require. BUMPERS (AND KOHL) insert ‘‘$725,000,000’’. (3) The Secretary shall prescribe such regu- On page 29, between lines 7 and 8, insert AMENDMENT NO. 4975 lations as may be necessary to carry out this the following: subsection. Mr. BUMPERS (for himself and Mr. RISK MANAGEMENT (d) VOLUNTARY SEPARATION INCENTIVE PAY- KOHL) proposed an amendment to the For administrative and operating expenses, MENTS.—(1) In order to receive a voluntary bill, H.R. 3603, supra; as follows: as authorized by section 226A of the Depart- separation incentive payment, an employee S8488 CONGRESSIONAL RECORD — SENATE July 22, 1996 shall separate from service with the employ- any other payments which it is required to than 18 months in accordance with section ee’s agency voluntarily (whether by retire- make under subchapter III of chapter 83 or 8905a of title 5, United States Code. ment or resignation) during the period of chapter 84 of title 5, United States Code, the (B) Notwithstanding section 8905a(d)(1)(A) time for which the payment of incentives has Department of Agriculture shall remit to the of title 5, United States Code— been authorized. An employee’s agreement Office of Personnel Management for deposit (i) such employee shall pay only the to separate with an incentive payment is in the Treasury of the United States to the amount of the employee contribution into binding upon the employee and the agency, credit of the Civil Service Retirement and the Employees Health Benefits Fund; and unless the employee and the agency mutu- Disability Fund an amount equal to 15 per- (ii) the Department of Agriculture shall ally agree otherwise. cent of the final basic pay of each employee pay the amount of the agency contribution (2) A voluntary separation incentive pay- of the agency who is covered under sub- and any cost of administrative expenses into ment— chapter III of chapter 83 or chapter 84 of title the Employees Health Benefits Fund. (A) shall be paid in a lump sum after the 5, United States Code, to whom a voluntary (2) An employee referred to under para- employee’s separation; separation incentive has been paid under this graph (1) is any employee who— (B) shall be equal to the lesser of— section. (A) voluntarily separates from service and (i) an amount equal to the amount the em- (2) For the purpose of this subsection, the receives an incentive payment under this ployee would be entitled to receive under term ‘‘final basic pay’’, with respect to an section; or section 5595 of title 5, United States Code employee, means the total amount of basic (B) is involuntarily separated from service (without adjustment for any previous pay- pay which would be payable for a year of in a reduction in force action. ment made under such section) if the em- service by such employee, computed using ployee were entitled to payment under such the employee’s final rate of basic pay, and, if section; or last serving on other than a full-time basis, PRESSLER AMENDMENT NO. 4981 (ii) $25,000 in fiscal years 1996 or 1997, with appropriate adjustment therefor. Mr. COCHRAN (for Mr. PRESSLER) $20,000 in fiscal year 1998, $15,000 in fiscal (g) REDUCTION OF AGENCY EMPLOYMENT proposed an amendment to the bill, year 1999, or $10,000 in fiscal year 2000; LEVELS.—The total full-time equivalent po- H.R. 3603, supra; as follows: (C) shall not be a basis for payment, and sitions in the Department of Agriculture shall not be included in the computation, of shall be reduced by one position for each sep- At the end of the bill, add the following: any other type of Government benefit, ex- aration of an employee who receives a vol- SEC. . WAREHOUSE RECEIPTS. cept that this subparagraph shall not apply untary separation incentive payment under (a) ELECTRONIC WAREHOUSE RECEIPTS.— to unemployment compensation funded in this section. The reduction shall be cal- Section 17(c) of the United States Warehouse whole or in part with Federal funds; culated by comparing the Department’s full- Act (7 U.S.C. 259(c)) is amended— (D) shall not be taken into account for pur- time equivalent positions for the fiscal year (1) in paragraph (1)(A), by striking ‘‘cot- poses of determining the amount of any sev- in which the voluntary separation payments ton’’ and inserting ‘‘any agricultural prod- erance pay to which an individual may be en- are made with the full-time equivalent posi- uct’’; titled under section 5595 of title 5, United tion limitation for the prior fiscal year. (2) by striking ‘‘the cotton’’ each place it States Code, based on any other separation; (h) REPORTS.—No later than March 31 of appears and inserting ‘‘the agricultural prod- and each fiscal year, the Office of Personnel uct’’; and (E) shall be paid from the appropriations or Management shall submit to the Committee (3) in paragraph (2)— funds available for payment of the basic pay on Governmental Affairs of the Senate and (A) in subparagraph (A), by striking ‘‘in of the employee. the Committee on Government Reform and cotton’’ and inserting ‘‘in the agricultural (3) No amount shall be payable under this Oversight of the House of Representatives a product’’; and subsection based on any separation occur- report which, with respect to the preceding (B) in the last sentence of subparagraph ring before the date of the enactment of this fiscal year, shall include for the Department (B)— Act, or after September 30, 2000. of Agriculture— (i) by striking ‘‘electronic cotton’’ and in- (e) EFFECT OF SUBSEQUENT EMPLOYMENT (1) the number of employees who received serting ‘‘electronic’’; and WITH THE GOVERNMENT.—(1) An individual voluntary separation incentives; (ii) by striking ‘‘cotton stored in a cotton who has received a voluntary separation in- centive payment under this section and ac- (2) the average amount of such incentives; warehouse’’ and inserting ‘‘any agricultural cepts any employment with the Government (3) the average grade or pay level of the product stored in a warehouse’’. of the United States within 5 years after the employees who received incentives; and (b) WRITTEN RECEIPTS.—Section 18(c) of the date of the separation on which the payment (4) the number of waivers made under sub- United States Warehouse Act (7 U.S.C. 260(c)) is based shall be required to repay, before the section (e) in the repayment of voluntary is amended by striking ‘‘consecutive’’. individual’s first day of such employment, separation incentives, and for each such the entire amount of the incentive payment waiver— INHOFE AMENDMENT NO. 4982 to the agency that paid the incentive pay- (A) the reasons for the waiver; and ment. (B) the title and grade or pay level of the Mr. COCHRAN (for Mr. INHOFE) pro- (2) The requirement to repay separation position filled by each employee to whom posed an amendment to the bill, H.R. pay under paragraph (1) may be waived— the waiver applied. 3603, supra; as follows: (i) EFFECTS ON REDUCTIONS IN FORCE.— (A) in the case of an Executive agency (as On page 11, line 22, add the following pro- Under procedures prescribed by the Office of defined under section 105 of title 5, United viso after the word ‘‘law’’: ‘‘: Provided fur- Personnel Management, an agency of the De- States Code), the United States Postal Serv- ther, That all rights and title of the United partment of Agriculture may administer a ice, or the Postal Rate Commission, if the States in the property known as the Na- reduction in force action to provide that if Director of the Office of Personnel Manage- tional Agricultural Water Quality Labora- an employee separates from service and re- ment determines, at the request of the head tory of the USDA, consisting of approxi- ceives an incentive payment under this sec- of the agency, that the individual involved mately 9.161 acres in the city of Durant, tion during a reduction in force action af- possesses unique abilities and is the only Oklahoma, including facilities and fixed fecting the agency— qualified applicant available for the position; equipment, shall be conveyed to Southeast- (1) another employee who would otherwise (B) in the case of an entity in the legisla- ern Oklahoma State University’’. tive branch, if the head of the entity or the be separated from service in such reduction appointing official determines that the indi- in force may be retained; and vidual involved possesses unique abilities (2) the voluntary separation by the em- MURKOWSKI AMENDMENT NO. 4983 and is the only qualified applicant available ployee shall be treated as an involuntary Mr. COCHRAN (for Mr. MURKOWSKI) for the position; or separation resulting from such reduction in proposed an amendment to the bill, force. (C) in the case of the judicial branch, if the H.R. 3603, supra; as follows: Director of the Administrative Office of the (j) EMPLOYEES WITH CRITICAL KNOWLEDGE United States Courts determines that the in- AND SKILLS.—The Secretary may exclude an At the appropriate place, insert the follow- dividual involved possesses unique abilities employee from receiving a separation incen- ing: and is the only qualified applicant available tive payment under this section, if the Sec- SEC. . Hereafter, notwithstanding any for the position. retary determines that— other provision of law, any domestic fish or (3) For the purpose of this subsection, the (1) such employee has critical knowledge fish product produced in compliance with term ‘‘employment’’ includes— and skills; and food safety standards or procedures accepted (A) employment of any length or under any (2) separation by the employee would im- by the Food and Drug Administration as sat- type of appointment, but does not include pair the performance of the employing agen- isfying the requirements of the ‘‘Procedures employment that is without compensation; cy’s mission. for the Safe and Sanitary Processing and Im- and (k) CONTINUATION OF HEALTH INSURANCE porting of Fish and Fish Products’’ (pub- (B) employment under a personal services COVERAGE.—(1)(A) During the period begin- lished by the Food and Drug Administration contract, as defined by the Director of the ning on the date of the enactment of this Act as a final regulation in the Federal Register Office of Personnel Management. through September 30, 2000, any employee of December 18, 1995), shall be deemed to (f) ADDITIONAL AGENCY CONTRIBUTIONS TO described under paragraph (2) may elect con- have met any inspection requirements of the THE RETIREMENT FUND.—(1) In addition to tinued health care insurance for no longer Department of Agriculture or other Federal July 22, 1996 CONGRESSIONAL RECORD — SENATE S8489

agency for any Federal commodity purchase was the second in what promises to be a con- The Honorable SAM GIBBONS has de- program, including the program authorized tinuing lovefest for moderate politicians on voted his entire life to serving the under section 32 of the Act of August 24, 1935 both sides of the aisle: A black-tie dinner in United States of America. A veteran of (7 U.S.C. 612c) except that the Department of May for Sen. Alan Simpson (R-Wyo.) kicked World War II, GIBBONS was awarded the Agriculture or other Federal agency may off the tributes, with most of the Senate and utilize lot inspection to establish a reason- former president George Bush in attendance. Bronze Star after parachuting into able degree of certainty that fish or fish ‘‘It was very, very touching,’’ said Simpson Normandy on D-day as a part of the products purchased under a Federal commod- last night. ‘‘I loved it.’’ initial Allied assault force. He achieved ity purchase program, including the program Sen. Howell Heflin (D-Ala.), who is also the rank of captain in the 501st Para- authorized under section 32 of the Act of Au- leaving, noted that a retiring senator can do chute Infantry of the 101st Airborne Di- gust 24, 1935 (7 U.S.C. 612c), meet Federal almost no wrong. ‘‘Most people wish you vision before embarking on his long product specifications. well,’’ he said. and distinguished career as a public f ‘‘They’re not as demanding. Maybe they servant. figure now you can tell them to. . .’’—he SINGING SENATORS TRIBUTE TO GIBBONS’ career in public service paused and smiled broadly—‘‘. . . whatever.’’ began with his election to the Florida SENATOR MARK HATFIELD Hatfield’s dinner and the entertainment were delayed by —what else?—a Senate vote. House of Representatives in 1952. In the ∑ Mr. KEMPTHORNE. Mr. President, Florida House, he passed legislation last Thursday evening was a special So the honoree and the president opened the program with a little mutual admiration. creating the University of South Flor- night in the life of the U.S. Senate. Hatfield, characteristically, talked about ida and is appropriately recognized as That night the Senate paid tribute to what he had in common with Clinton: both The father of the University of South Senator MARK HATFIELD in anticipa- small-town boys, both governors and ‘‘both Florida. In 1958, GIBBONS’ moved from tion of his retirement from the Senate of us, in our time in Washington, have man- the House to the Florida Senate where at the end of this Congress, and in rec- aged to irritate both the Republicans and he enacted legislation to establish ognition of his outstanding service to Democrats,’’ said the only GOP senator to Florida’s regional water management Oregon, the Senate, and to the Nation. vote against the balanced-budget amend- ment last year on principle. districts. These districts are vital to Thursday night was one of those eve- Florida’s ability to allocate and pre- nings that makes service in the U.S. ‘‘If all of us could be more like you, Amer- ica would be an even greater nation,’’ Clin- serve its precious water resources. Senate a privilege. As the accompany- ton returned. GIBBONS barnstormed into the U.S. ing article from the Washington Post Once the ‘‘entertainment’’ had cast its Congress in 1962. President Johnson ap- reports, ‘‘How many politicians could votes, they arrived to take the stage. The pointed GIBBONS, then a junior Con- get both Bill Clinton and TRENT LOTT ‘‘Singing Senators’’—Majority Leader Lott, gressman, floor manager of his Great to sing their praises. Senator MARK Larry Craig (R-Idaho), Jim Jeffords (R-Vt.) Society initiatives. GIBBONS deftly HATFIELD, for one.’’ The entertainment and John Ashcroft (R-Mo.)—are a cross be- steered this legislation, including was also a highlight. The Singing Sen- tween a barbershop quartet and IRS audi- Project Head Start, through the Con- tors. ators—TRENT LOTT, LARRY CRAIG, JOHN ‘‘It sort of epitomizes the Senate,’’ said gress. He also wrote the law that al- ASHCROFT, and JIM JEFFORDS—brought Lott. ‘‘We don’t always make great music, lows Americans over the age of 55 to the house down as they sang in near but we keep working on it.’’ protect, from taxation, capital gains perfect harmony such tunes as ‘‘Dig a There were high fives after the first med- from the sale of their primary homes. Little Deeper’’ and ‘‘Elvira.’’ ley. (″Anytime we start together and end to- Despite his enormous achievements in The evening of course belonged to gether, we celebrate,’’ Lott explained). Then social policy, GIBBONS’ experience as a Senator HATFIELD. The evening’s quiet they belted out three spirited but dreadful legislator was not limited solely to do- humor, graciousness, thoughtful re- selections, including ‘‘Dig a Little Deeper’’ mestic issues. marks, and kind words were perfect for (a nod to Hatfield’s chairmanship of the Ap- As acting chairman of the House propriations Committee), and capped the the witty, gracious, thoughtful, and performance with Lott soloing on ‘‘Elvira.’’ Ways and Means Committee in 1994 and kind MARK HATFIELD. I ask that the ar- ‘‘Think of it this way: It’s in a good chairman of the Ways and Means Trade ticle from the Washington Post be cause,’’ observed emcee Cokie Roberts wryly. Subcommittee from 1981 through May printed in the RECORD. The cause, the Mark O. Hatfield Library at 1994, GIBBONS has been a champion of The article follows: Willamette University in Hatfield’s home open markets and free trade around the [From the Washington Post, July 19 1996] state, received the proceeds of the $500-per- world. Under his direction, two of our HATS OFF TO MARK HATFIELD seat event. Even lobbyists contributed solely Nation’s most comprehensive trade out of admiration for Hatfield. SENATORS GATHER TO SING PRAISES OF agreements, the North American Free ‘‘Hatfield’s leaving, so there’s nothing he RETIRING GENTLEMAN FROM OREGON Trade Agreement [NAFTA] and the can do for us,’’ said one who declined to iden- (By Roxanne Roberts) tify himself. ‘‘He has been a straight-shooter General Agreement on Tariffs and Short of giving away millions of dollars, his entire career. He’s a good guy and de- Trade [GATT] passed Congress, and the best way to ensure lavish tributes this serves the recognition.’’ were signed into law. year is to resign from the United States Sen- After dinner, a video chronicled Hatfield’s Today, Congressman GIBBONS sits as ate. career, including his opposition to the death the Dean of the Florida congressional But how many politicians could get both penalty and his work to ban nuclear testing. delegation. At the end of the 104th Con- Bill Clinton and Trent Lott to sing their When it was his turn to speak, Hatfield gress, GIBBONS will complete his 17th praises? Sen. Mark Hatfield, for one. didn’t crack a smile. ‘‘He’s always reserved ‘‘Because he has tried to love his enemies, term representing the Tampa Bay area. and serious,’’ said Sen. Jay Rockefeller (D- he has no enemies,’’ said the president last The GIBBONS family has lived in Tampa W.Va.). ‘‘And yet, when you’re alone with night, thanking the retiring Oregon Repub- for more than a century. Congressman him, he’s gentle, thoughtful, kind. He’s just lican for his unwavering conviction, humani- a splendid human being.’’ and Mrs. Gibbons, who will celebrate tarian spirit, faith and 30 years of consensus Calling himself truly blessed, Hatfield their 50th wedding anniversary this building. ‘‘This town is the poorer for his thanked his family and staff. The son of a year, have also served together tire- leaving, but the richer for his legacy.’’ lessly to improve the lives all Tampa One could also detect a serious undertone blacksmith and a schoolteacher also thanked in the Sheraton Washington ballroom that long-dead teachers and voters, then moved residents. went beyond the loss of this one ‘‘remark- on to his colleagues. A graduate of the University of Flor- able man,’’ as Clinton called him. Hatfield is ‘‘For your diversity—Republicans, Demo- ida College of Law and a member of one of 14 senators who have decided not to crats, Independents—you have helped keep Florida Blue Key, GIBBONS has served return, the largest exodus from the august me in the political center,’’ said Hatfield. the State of Florida and the United ‘‘And I’m grateful.’’ institution in 100 years. States of America with distinction. ‘‘I approach this evening with an inescap- f This courthouse should be named as a able nostalgia,’’ said a subdued Howard tribute to the lifetime works of Con- Baker. Hatfield is the last of the class who, TRIBUTE TO SAM M. GIBBONS with Baker, came to the Senate in January gressman SAM M. GIBBONS.∑ ∑ Mr. GRAHAM. Mr. President, it was f 1967. ‘‘With his retirement, not only a distin- a great privilege for me to introduce guished career, but a political era, is end- HONORING THOMAS ROMANO ing,’’ said the former majority leader. legislation to name the Federal Court- Heads in the audience of more than 700 house in Tampa, FL as the Sam M. ∑ Mr. LIEBERMAN. Mr. President, I nodded in agreement. The dinner for Hatfield Gibbons United States Courthouse. rise today to honor Thomas Russell S8490 CONGRESSIONAL RECORD — SENATE July 22, 1996 Romano, executive director of the DUCKING ON AFFIRMATIVE ACTION practices to conform to an ill-considered rul- adult day center in Branford, CT. In a hurtful blow to affirmative action in ing that may ultimately be judged an incor- Through his efforts over the past 15 higher education, the Supreme Court said on rect statement of the law. years, the East Shore Regional Adult Monday that it would not hear an appeal by Nervous educators elsewhere in the nation the state of Texas from a lower court ruling can find some comfort at least in Justice Day Center has become a model organi- Ginsburg’s benign explanation. Eventually, zation for the care of the elderly, as that barred public universities from using race as a factor in selecting students. With this equal rights battle will find its way well as for physically and mentally this sidestepping, the Court left officials in back to the Supreme Court. Meanwhile, it is challenged adults. at least three Southern states who are work- premature to give up on affirmative action The adult day center has organized ing to open educational opportunities for mi- programs still needed to blot out historic ra- many activities to foster community norities in an untenable state of uncer- cial bias and promote educational diversity.∑ growth. Many activities involve chil- tainty. It also sowed confusion nationwide— f hardly an uplifting way for the Court to fin- dren from area schools as part of the EXECUTIVE SESSION center’s intergenerational program ish its term and head into recess. The Court which has been organized. An event should instead have seized the opportunity to reject the lower court’s flawed pronounce- such as this one provides an invaluable ment and reaffirmed its historic commit- EXECUTIVE CALENDAR experience for not only the adults, but ment to carefully designed affirmative ac- Mr. COCHRAN. Mr. President, I ask the children as well. In addition, the tion. unanimous consent that the Senate adult day center has started the expan- The high court seemed insensitive to the proceed to executive session to con- sion of its therapeutic recreation out- long history of racism at the University of sider the following nomination on to- doors program. Various community Texas Law School, whose affirmative action program was challenged by rejected white day’s Executive Calendar: Calendar No. groups—churches, service organiza- 588, Edmund Sargus. I further ask tions, businesses, and others—have re- applicants, giving rise to the case. As late as 1971, the law school admitted no black stu- unanimous consent that the nomina- ceived this project very well, showing dents. The Court also ignored the Clinton tion be confirmed, the motion to recon- their enthusiasm with financial sup- Justice Department, which filed a brief sider be laid upon the table, any state- port. warning that the ‘‘practical effect’’ of the ments relating to the nomination ap- Mr. Romano and the staff at the cen- lower court’s holding ‘‘will be to return the pear at the appropriate place in the ter has provided respite from 24 hour most prestigious institutions within state RECORD, the President be immediately university systems to their former ‘white’ care for over 600 families in the Greater notified of the Senate’s action, and the New Haven area. The programs that status.’’ The refusal to hear the case left standing a Senate then return to legislative ses- they have organized not only foster the sion. growth of these individuals, but it also ruling by the United States Court of Appeals for the Fifth Circuit that caused justifiable The PRESIDING OFFICER. Without prevents the premature institutional- consternation in the academic world three objection, it is so ordered. ization of these individuals as well. months ago. An appellate panel invalidated a The nomination considered and con- The adult day center has been an in- special admissions program at the Texas law firmed is as follows: novator in meeting the social and school aimed at increasing the number of Edmund A. Sargus, Jr., of Ohio, to be Unit- black and Mexican-American students. In health care needs of this special popu- ed States District Judge for the Southern doing so, the panel took the gratuitous, addi- lation by providing services such as District of Ohio. tional step of declaring the Supreme Court’s medical monitoring and recreational f therapies, among others. Thomas Rus- landmark 1978 affirmative action decision in the so-called Bakke case no longer good law. LEGISLATIVE SESSION sell Romano, in his position as presi- That case, involving a suit by a rejected dent and C.E.O. of this organization, white applicant who sought entry to a Cali- The PRESIDING OFFICER. Under has twice been distinguished with Cer- fornia state medical school, resulted in a rul- the previous order, the Senate will now tificate of Award by the Connecticut ing that barred the use of quotas in affirma- return to legislative session. Department on Aging for his dedica- tive action plans but permitted universities f tion and work with the facility. to use race as a factor in choosing among ap- In the future, I hope that the work of plicants to serve the ‘‘compelling interest’’ ORDERS FOR TUESDAY, JULY 23, Mr. Romano shall continue to flourish of creating a diverse student body. 1996 If Bakke is no longer good law, it is for the Mr. COCHRAN. Mr. President, I ask and expand in scope to reach a more Supreme Court to declare. But instead of expansive area. On the occasion of the grabbing the case to reassert Bakke’s sound unanimous consent that when the Sen- 15th anniversary of the East Shore Re- principle, the justices found a way out in the ate completes its business today, it gional Adult Day Center, Mr. Romano odd posture of the case. In an unusual one- stand in adjournment until the hour of and the entire staff should be com- paragraph opinion that was also signed by 9:30 a.m. on Tuesday, July 23; further, mended on the tireless work and dedi- Justice David Souter, Justice Ruth Blader that immediately following the prayer, cation which they have shown in fur- Ginsburg said that the Court was denying re- the Journal of proceedings be deemed thering the development of not only view because the case did not actually approved to date, the morning hour be present a live controversy. The kind of two- deemed to have expired, and the time the individuals who participate in the track admissions system that inspired the program, but the development of the legal challenge is no longer used or defended for the two leaders be reserved for their community as well.∑ by Texas, she explained. Like most other col- use later in the day, and the Senate f leges and universities, the University of immediately resume the reconciliation Texas Law School now uses a single appli- bill as under the previous order. DUCKING ON AFFIRMATIVE cant pool, in which race is one factor to be The PRESIDING OFFICER. Without ACTION considered among others in choosing among objection, it is so ordered. ∑ Mr. SIMON. Mr. President, the New the qualified. f York Times recently had an editorial Justice Ginsburg’s message, a welcome titled Ducking on Affirmative Action. one, was that the Court’s refusal to hear the PROGRAM case should not be read as an endorsement of Mr. COCHRAN. Mr. President, for the The subject is the refusal of the Su- the Fifth Circuit’s analysis. But, in fact, preme Court to consider a decision by there was a remaining live controversy be- information of all Senators, tomorrow the Fifth Circuit Court of Appeals that fore the Court in the Fifth Circuit’s direc- morning, beginning at 9:30, there be a would have devastating consequences tion to a state’s leading law school to com- lengthy series of rollcall votes on, or in for our society. plete-direction to a state’s leading law relation to, amendments to the rec- No one should underestimate the school to completely excluded race as a fac- onciliation bill. Members should be shortsightedness and the harm that tor in future admissions. The shame is the alerted that there may be as many as can come from leaving the Hopwood Court declined to address it. 24 consecutive rollcall votes. Instead, the Court left behind a mess. Its Mr. President, I now ask unanimous decision of the fifth circuit stand. refusal to hear the case has put educational Mr. President, I ask that this article institutions in the three states that make up consent that beginning after the first from the New York Times be printed in the Fifth Circuit—Texas, Louisiana and Mis- vote, all remaining votes in the voting the RECORD. sissippi—in a terrible spot. They could face sequence be limited to 10 minutes in The article follows: punitive damages if they fail to change their length. July 22, 1996 CONGRESSIONAL RECORD — SENATE S8491 The PRESIDING OFFICER. Without day, Sunday, written by Mr. Henry spect for Henry Aaron and his views— objection, it is so ordered. Aaron, a senior fellow in the Economic but one of the myths he does not iden- Mr. COCHRAN. Senators should re- Studies Program at the Brookings In- tify that is the most troubling and dif- main in or around the Senate Chamber stitution. The headline is ‘‘The Myths ficult of all is that Americans who are during these votes in order for the Sen- of the Social Security Crisis.’’ Henry beneficiaries today, No. 1, believe that ate to complete the reconciliation bill Aaron, a distinguished fellow and econ- the Social Security Program is a sav- in a timely manner. Votes will occur omist, goes through one, two, three, ings program, that all they are getting throughout the morning. And it is the four, five myths. back is what they paid in. leader’s intention to hold these votes I do not know how many of my col- We have perpetrated that myth very to 10 minutes in length. Therefore, leagues or how many people that are often with television advertising say- Senators are reminded again to remain concerned about this particular issue ing: Your Social Security is safe. I will in or around the Chamber during this read this opinion piece, but I wanted to not let anybody touch your Social Se- voting series. immediately—and I will come later to curity. It is the safest program that we Mr. President, I ask unanimous con- the floor to deal with some of the have today. You do not really hear peo- sent that the Senate stand in recess be- statements Mr. Aaron makes in de- ple standing up talking about radical tween the hours of 12:30 p.m. and 2 p.m. tail—but wanted to immediately come change in the program or cutting cur- for the weekly party caucuses to meet. to the floor and urge colleagues who rent beneficiaries. The PRESIDING OFFICER. Without have increasingly started looking at But to listen to the organizations objection, it is so ordered. Social Security as an issue that we who are concerned about this program Mr. COCHRAN. Mr. President, I fur- need to address currently, to hear the talk, when they do their direct mail ther ask unanimous consent that fol- following. pieces, you would think that every sin- lowing the stacked votes regarding the First, Mr. Aaron says myth one is gle day somebody is down here on the reconciliation bill, the Senate proceed that ‘‘Social Security is in crisis.’’ This floor talking about changes in the pro- to vote on or in relation to the McCain essentially is a strawman argument, gram. The program enjoys broad support amendment No. 4968 to be followed im- the fact that some people are saying it from the American people. And 85 per- mediately by a vote on or in relation to is in crisis. Destroy that argument, therefore, we do not need to do any- cent of almost every generation sup- the Gregg amendment No. 4969. thing. ports Social Security as a program. It The PRESIDING OFFICER. Without Mr. President, I hope we do not have has reduced the rates of poverty sub- objection, it is so ordered. to deal with problems only when they stantially in this country of people f are in crisis. I hope that, particularly over the age of 65. It has been, in gen- ORDER FOR ADJOURNMENT with a program that promises retire- eral, a very, very good program. ment payments to people 30, 40, 50, 60, The myth, though, that it is a sav- Mr. COCHRAN. Mr. President, if 70 years from now—and understand ings program encourages people to be- there is no further business to come be- that every beneficiary of Social Secu- lieve that their payroll tax is going fore the Senate, I ask that the Senate rity for the next 70 years is alive today. into an account that is reserved for now stand in adjournment under the They may be 5 years old, but they are them that they own. It is not being re- previous order following the remarks of future beneficiaries. And we need to, served for them. Social Security was the distinguished Senator from Ne- whether or not we have the resources designed as a collective transfer pro- braska [Mr. KERREY] for up to 10 min- or the will, to be able to pay their ben- gram. It is social insurance because utes. efits. So the longer one delays, the there are progressive payments made. The PRESIDING OFFICER. Without more difficult the solution becomes. The connection between what you re- objection, it is so ordered. Mr. Aaron actually later on said one ceive is based upon your income, not Mr. KERREY addressed the Chair. myth is that it is ‘‘the third rail of based upon what you have contributed. The PRESIDING OFFICER. The American politics—touch it and you It is very progressive. Chair recognizes the Senator from Ne- die.’’ That is another myth he identi- As a consequence, it has been a pro- braska. fies. I do not actually think that is a gram that most, I think, look at as a f myth. good way to help, and particularly The last time we dealt with Social lower income retirees avoid the trauma AGRICULTURE, RURAL DEVELOP- Security substantively was in 1983. We of living in poverty at the very time MENT, FOOD AND DRUG ADMIN- waited until we were almost out of when they are no longer able to ISTRATION, AND RELATED money. Even then we almost did not do produce and earn a living. AGENCIES APPROPRIATIONS ACT anything. Even then it took an inde- But it is not savings. That is the FOR FISCAL YEAR 1997 pendent panel to provide the Congress most difficult myth of all. There is no The Senate continued with the con- with protection. account being held here for people that sideration of the bill. Mr. Aaron says we did it in 1983. The are paying into the program, which change that was made in 1983 is already leads, Mr. President, to one of the most AMENDMENT NO. 4978 under attack. The reason it was important reasons that people, like Mr. KERREY. First, Mr. President, changed was the Deficit-Reduction Act. myself, have been arguing for reform. in relation to an amendment that I in- There was a substantial effort to elimi- The first one is, as I said earlier, troduced earlier that provided an addi- nate that change. waiting until the end, as we typically tional $8.5 million for the Food Safety So I do not think that the fact that do. Mr. Aaron is basically saying: Wait and Inspection Service and the Packers Congress has dealt finally with Social until there is a crisis. There is no cri- and Stockyards Administration, I ask Security is a myth that destroys the sis. Why act? Wait until there is a cri- unanimous consent that the distin- myth that this is a third rail, we wait sis, he is saying. Wait another 30 years guished Democratic leader, Senator until it is in crisis. If we wait once until there is a crisis, and then act. DASCHLE, be added as an original co- again until it is in crisis, Mr. Presi- That is foolishness to do that. The sponsor. dent, we are not going to see the same people who are going to pay the price The PRESIDING OFFICER. Without thing we had in 1983. Once the baby for that are not current beneficiaries, objection, it is so ordered. boomers have retired, and you look at people currently receiving payments. f the numbers that are required to pay But it will be people under the age of 43 out, it is a much different situation who will have to answer the question, SOCIAL SECURITY than we face today. It is not in crisis. ‘‘Gee, wait a minute. Do I want, in Mr. KERREY. Mr. President, I do not I do not argue that Social Security is order to preserve my benefits, my kids know if I will take 10 minutes or not, in crisis. I am not saying it is contrib- to pay that kind of payroll tax?’’ Look but it was called to my attention this uting to the deficit, which is another at the kind of payroll tax that they are morning when I got back in town that myth that is here. going to have to pay if you wait for 30 there was an opinion piece that ap- But one of the myths that is not on years, if some kind of adjustment is peared in the Washington Post yester- Mr. Aaron’s list—and I have a great re- not made before then. S8492 CONGRESSIONAL RECORD — SENATE July 22, 1996 One of the flaws, in my judgment, of everyone in perpetuity. Any insurance for the individualization of the ac- the 1983 fix was it said that we are company has to do that, has to abide count? By that I mean, under the pro- going to raise taxes higher than what by that rule, and we should, as well. posal of Senator SIMPSON and myself, is necessary for the first time in the 50- To do that, Mr. President, what you what we do is say there is still a collec- year history of the program. The 1983 need to do is change the funds, so you tive payment, still a payment, al- fix said, we are going to raise taxes build it up to a level that keeps it sta- though it is misdescribed by many peo- higher than what is necessary to ble and then keeps it there in perpetu- ple. We will promise to transfer from prefund the benefits of the baby-boom ity. Whatever payroll taxes are needed, the wages of people who are working, a generation. Then we immediately— whatever benefits we are promising to fixed payment, fixed tax on their rather than setting it aside to be used pay to future beneficiaries, you should wages, and transfer, in a very progres- for the baby-boom generation—we im- be able to look and have the actuaries sive way, to people who are retired. mediately begin to use it to pay for run the numbers and say, you have a That will still be there. You will be eli- current expenditures. stable fund, it will be there forever; the gible for early payment if you want it, Again, I am not arguing that Social benefits that you promised to some- or a regular payment, or a late pay- Security contributes to the deficit. But body 20, 30, 40, years ago, you will be ment. I am prepared to argue that people who able to keep those promises just as you The PRESIDING OFFICER. The get paid by the hour, people whose said. Chair advises the Senator the 10 min- wages are under $62,400 a year, which if The implication given by Mr. Aaron, utes have expired. you are looking for a definition of the and I really do regret it, is that the fi- Mr. KERREY. I end with 30 seconds, middle class, you just as well said it nancial managers in America are put- by merely saying the personal invest- there, because everybody over $62,400 ting a lot of pressure on Congress to ment plan, as described by Senator does not pay that full 12.4 percent. You change this program so that it is SIMPSON and myself, is not privatiza- only pay it on the first $62,400. Any- privatized. First, Mr. Aaron, in this ar- tion. It is fully funded. And it is, it body who is under $62,400, understand, ticle, says one of the dirty little se- seems to me, called for in a program you are shouldering more deficit reduc- crets about privatization is that it re- which has not been changed fundamen- tion than those above because you are quires a tax increase, and nobody is tally in 60 years. paying higher taxes on your payroll making a proposal in partial privatiza- I yield the floor. tion. That comes upfront with that. than needed to fund current benefits. f I do make the argument that the pro- First, it does not require a tax increase gram needs to be changed sooner rath- in all cases; second, there is a proposal ADJOURNMENT UNTIL 9:30 er than later because we want to avoid already. Senator SIMPSON and I intro- TOMORROW the crisis, because you want to look duced legislation that would allow out in the future and say that, whether Americans to take 2 percent of their The PRESIDING OFFICER. Under you are a beneficiary who is 20 or 30 or payroll tax and use it, individualize the previous order, the Senate stands 40, regardless of your age, whatever their own wealth. It is fully funded. in adjournment until 9:30 a.m., Tues- promise we have on the table we ought There is no tax increase in that. day, July 23, 1996. to be able to fund it. I intend to send a copy to Mr. Aaron There being no objection, the Senate, I believe it was a mistake to change so he can evaluate it and determine at 6:52 p.m., adjourned until Tuesday, the law in 1983 to have this account whether he likes the proposal, or the July 23, 1996, at 9:30 a.m. building up to this huge amount, first, next time he criticizes Congress or a f because we used it for deficit reduc- general audience for not having a spe- tion, but, second, I do not think it cific proposal, at least he can offer one CONFIRMATION makes any sense to say that we are exception. Executive nomination confirmed by only concerned about the beneficiaries Mr. President, I think the privatiza- the Senate July 22, 1996: over the next 35, 40 years. tion argument itself is better framed, THE JUDICIARY Whatever promise we have on the rather than, Are you for privatization EDMUND A. SARGUS, JR., OF OHIO, TO BE U.S. DISTRICT table we ought to be able to keep for or against it, better framed, Are you JUDGE FOR THE SOUTHERN DISTRICT OF OHIO. July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1331 EXTENSIONS OF REMARKS

HIGH–TECHNOLOGY RESURGENCE downturn seriously slowed growth in the president for Space and Electronics. More IN LOS ANGELES OFFERS PROM- critical high-technology sector. than half of his division’s recent hires, he es- ISE OF ECONOMIC GROWTH The recent recovery in aerospace and de- timates, come from local colleges and uni- fense electronics is critical because it has versities. the potential to restore the region’s once- Much the same process can be seen at HON. JANE HARMAN strong reputation as a center for technology other key defense firms in Southern Califor- OF CALIFORNIA development. During the economic free-fall nia. Rockwell recently added 400 new jobs at IN THE HOUSE OF REPRESENTATIVES of the early 1990s, Southern California was its Anaheim Autonetics and Missile Systems viewed nationally—and often viewed itself— plant and Hughes Electronics is expected to Monday, July 22, 1996 as a technological laggard behind such areas add another thousand workers this year. Al- Ms. HARMAN. Mr. Speaker, for some time as the Bay Area, Seattle and even Utah. This though this is not the en masse hiring of fac- it has been clear to me that America can no image of Southern California as little more tory workers that occurred in the 1980s and than a ‘‘tinsel town’’ surrounded by Third earlier, it signals a marked improvement in longer afford to maintain two separate indus- World misery hurt the recruitment and pro- market conditions for the region’s scientific, trial basesÐone for defense and another for motional efforts of technology-related com- engineering and technical talent. commercial products. The cost and inefficien- panies in such disparate fields as computer Contributing much to the improving pros- cies are too great, and we are finally begin- software and multimedia. pect has been the ability of defense firms, ning to learn that each sector can leverage the But today, with the resurgence in high- both large and small, to shift technologies advances of the other. tech aerospace and defense electronics, into commercial markets. In contrast to the The key to leveraging is dual-use partner- Southern California’s position as a leading heavily hyped but relatively ineffective gov- ships, which have been at the core of several edge economic region is being restored. Los ernment ‘‘conversion’’ programs, such as the Angeles County now has an annual job Calstart electric car effort, Los Angeles’ real small Federal research programs like the Ad- growth rate equal to Seattle and higher than defense restructuring has been a classically vanced Technology Program, the Technology San Francisco—both widely regarded as capitalist ‘‘creative destruction’’—with the Reinvestment Program and the Manufacturing boomtowns. For the first time in years, L.A. associated dose of pain. Extension PartnershipÐeach of which has County’s employment engine is running hot- Take TRW’s gallium arsenide technology, been targeted for reduced funding, if not elimi- ter than that in suburban Orange County and developed for military use in satellite and nation, in this Congress. the Inland Empire. communications systems. It now has large Recently, Joel Kotkin contributed an article The improving defense-aerospace picture new markets in such commercial areas as stems, in part, from changing federal pro- to the Los Angeles Times noting how recent cellular phones, leading TRW to consider curement patterns, growing diversification keeping its Redondo Beach foundry on 24- trends in dual-use research are restoring into commercial fields by local defense com- hour shifts to meet both commercial and strength and vibrancy to the economy of panies and increased aircraft sales. Perhaps military demand. southern California. Several of the examples most important, the turn-around reflects a Similarly, Hughes, based in El Segundo, are the result of changing policies and pro- new emphasis in the U.S. military: away has focused on its satellite technology and curement patterns in the U.S. military. More from large-scale weapons systems and to- its successful Direct TV enterprise, turning importantly, all are examples of how busi- ward information technologies. This shift the defense firm into something of a tele- nesses in southern California are taking ad- represent, in the words of one analyst at the communications superpower. Defense has Army War College, ‘‘a revolution in military dropped from nearly two-thirds of the com- vantage of the rich defense industry heritage affairs.’’ pany’s from nearly two-thirds of the compa- and the continuing high quality of workersÐan The military’s new direction has played di- ny’s revenues in the late 1980s to roughly example that may be a model for other parts rectly to Southern California’s strength in 40%. Rockwell, another aerospace power- of the country. defense electronics. It is increasingly clear house, has cut its dependence on defense I commend the article to my colleagues: that the Persian Gulf War, with its reliance spending over the past decade from 50% to [From the Los Angeles Times, July 7, 1996] on satellites and ‘‘smart’’ weapons, rep- 15%. High-tech electronics now account for resented only the first phase of a continuing the largest share of company revenues. THE ‘‘SILVER’’ AGE OF STATE’S DEFENSE- ‘‘digitalization’’ of military systems—en- An equally dramatic conversion has taken AEROSPACE ECONOMY compassing sophisticated battlefield commu- place among a plethora of smaller tech- (By Joel Kotkin) nications systems, satellites and anti-missile nology companies. Nurtured by research The end of the Cold War seemed to mark technology. monies from the military or NASA, these the demise of Southern California’s defense Engineers and scientists at TRW, for exam- firms are now shifting into commercial mar- and aerospace-driven ‘‘golden age,’’ throwing ple, are working on a series of advanced sys- kets. the state into its worst recession in decades. tems for the army’s elite Force XXI, which is Particularly promising are a group of com- But the region’s heritage as the world leader expected to become the model for the new, panies now using military-derived simula- in military and space technology is now ‘‘digitized’’ army. Among the projects being tion and image processing technology to poised to boost its burgeoning information worked on at TRW, most of whose defense enter such growth fields as special effects age economy. operations are in the South Bay, are a new and educational software. Raj Dutt, Presi- Indeed, the announcement on Tuesday that system of computer communications devices dent of R&D Laboratories in Culver City, has Lockheed-Martin will build the new X–33 re- for mechanized forces; a special high-fre- spent a decade creating advanced satellite usable spacecraft at its Palmdale facility, quency identification system designed to systems for the military. Now the same tech- creating about 2,000 new jobs, fits into a prevent ‘‘friendly fire’’ accidents, and laser nology can also be used to carry heavy data wider picture of a restored Southland aero- technologies designed to shoot down incom- loads, something of increasing interest to space and defense industry. ing missiles from terrorists. telecommunications and entertainment Between the late 1980s and last year, As a result, TRW—a firm that cut roughly firms. roughly 55%, or 175,000, California aerospace- 9,000 jobs during the early 1990s—added more Dutt, who expects to boost his nondefense related workers lost their jobs. This year, de- than 1,200 last year, largely high-skilled, share of business from 10% to nearly half spite widespread predictions of 20,000 addi- well-paid workers. And it is planning to add over the next two years, suggests the biggest tional layoffs, the industry seems to have another 1,300 this year. The decision to grow problem for companies like his may be ‘‘cul- stabilized; economist Stephen Levy sees the in Southern California is due largely to the tural.’’ Essentially, defense firms, large and once-reeling sector creating net new jobs region’s work force—which leads the nation small, must move away from their ultra- through 1998. in mathematicians, engineers and skilled metriculous, 8-to-4 culture, to the more fast- Nowhere will this reversal of fortune be technologists. As an overall scientific re- paced environment characteristic of the more positively felt than in the Los Angeles search center, the Southern California re- commercial sector. ‘‘We have to learn how to area—where 80% of all the state’s aerospace gion ranks third nationally, behind only San compete in the real world,’’ says Dutt, a job losses occurred, including 50,000 in 1993 Francisco and Boston. Caltech-trained physicist. alone. Even as the two other pegs of the ‘‘We chose to stay where are—and we have Yet, like RDL, many smaller defense firms local economy—the ‘‘creative industries’’ asked the question—because fundamentally find confronting reality not only necessary, and international trade—have grown the No. 1 driver is the pool of technical tal- but profitable. Perceptronics, based in Wood- robustly, the depth of the defense-aerospace ent.’’ explains Fred Brown, TRW group vice land Hills, is now using its warfare-honed

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1332 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 simulation system for such things as elec- we suggest is that once students begin repay- A.M.S.A. currently argues that it is difficult tronic training systems for commercial ment, they pay all the interest that has ac- to make payments on a $100,000-plus student trucking companies. Illusion Inc., a small crued. The interest should be added to the loan with such a salary. contractor in Westlake Village, is now tak- student’s debt, not to the national debt. For this very reason, the government pro- ing ‘‘virtual reality’’ technology, developed We believe that students, and everyone vides the option of temporarily or perma- for designing aircraft and military training else, would be better served by a stronger nently making payments on a 30-year repay- exercises, into such diverse venues as muse- economy. We are willing to ‘‘sacrifice,’’ not ment schedule. This method dramatically ums and movie special effects. In each of the out of altruism, but because we and everyone lowers monthly payments, by spreading past three years, Illusion Inc. has doubled its else will benefit from a national economy them out over a longer period. When borrow- revenues and expects to expand to 50 employ- not bogged down by federal debt. According ers complete their postgraduate training and ees by 1997, up from its current 20. ‘‘The fu- to the U.S. Treasury Department’s latest es- begin to realize the financial rewards of their ture for companies like ours,’’ said Peter timates, the federal government is nearly $5- education investment, they may choose to Beale, Illusion Inc.’s chairman, ‘‘is to com- trillion in debt. Unless we cut all but the return to the standard 10-year repayment bine the creative vision of Hollywood with most-essential spending the interest on the schedule, thus lowering the total interest the engineering vision of the defense indus- national debt alone will soon consume al- they will pay. We believe that this option try.’’ most all federal tax revenue. This scenario makes eliminating the subsidy relatively Such new uses for military technology and augurs ill for the schooled and unschooled painless, even for those whose earnings are talents could also prove critical in providing alike? All federally financed programs would not very high immediately after they receive the Southland economy with an important be endangered. their advanced degree. new source of high-wage jobs that lessen its Many who oppose ending the subsidy fear Some supporters of the interest subsidy current dependence on the volatile film in- that, without it, students from lower-and point out that not all jobs requiring a col- dustry or the always uncertain course of for- even middle-income backgrounds will be un- lege education pay the Census Bureau’s ‘‘av- eign trade. As Southern California begins to able to afford higher education. This fear is erage salary.’ Wouldn’t losing the interest harvest the overlooked fruits of its rich de- unfounded. Students who are willing to bor- subsidy hurt students who choose to incur fense industry heritage, it may enjoy the row money to pay for college still would be student-loan debts and then enter occupa- broad, diversified economic recovery that able to do so, but, as the people who benefit tions that pay very little? Again, provisions many thought could never happen here from the loan (and the education), they sim- already are in place to address that concern. again. ply would have more to repay after gradua- First, most students now begin repaying tion. Isn’t it reasonable for the recipient of f their loans six months after they graduate, education to have to pay for it, particularly but longer deferments are granted for a vari- ENDING STUDENT SUBSIDIES when the financial rewards of college con- ety of reasons—including unemployment, a tinue to far outweigh the costs? return to full- or half-time student status, The U.S. Department of Education cal- acceptance of an academic fellowship, and culates that eliminating the federal interest HON. JOHN J. DUNCAN, JR. economic hardship. Further, if graduate subsidy would increase the loan repayment OF TENNESSEE serve in a public-service position (for in- of an undergraduate student who chooses to IN THE HOUSE OF REPRESENTATIVES stance, as a nurse, public-school teacher, borrow the maximum amount available dur- member of the armed forces, or peace Corps Monday, July 22, 1996 ing his or her undergraduate year by about or Vista volunteer), their loans may be par- $69 per month during the standard 10-year re- Mr. DUNCAN. Mr. Speaker, I recently re- tially or completely paid by taxpayers—who payment period. Even this, the highest pos- ceived a copy of an article that was written by receive obvious benefits from the graduates’ sible increase, would easily fit into the budg- Ross Booher and Kevin W. Jones entitled, service. et of most college graduates—who, according What about students who borrow because ``Ending Student Subsidies''. One young man to the most recent census data available, they want to attend an expensive private is currently attending the University of Ten- earn $1,039 per month more than the average college or university, but then decide to nessee Law School, and the other is just en- high-school graduate. The vast majority of enter a low-paying field not included in the tering. Both Ross and Kevin are not only ex- undergraduates, however, borrow far less public-service category above? Such students than the maximum loan amount, and thus cellent students, but they are citizens who I may find that, in a world of limited re- the increases in their payments would be am certain will contribute greatly to our society sources, they cannot always have everything smaller. and its future. they want: They may have to choose be- What about more-expensive graduate and I request that a copy of this article, ``Ending tween pursuing a low-paying career and at- professional degrees, such as those in medi- tending an expensive college. Student Subsidies'' be placed in the RECORD cine and law? Will students be able to afford Of course, they may decide that they want at this point, so I can call it to the attention of them without the interest subsidy? Again, to do both badly enough to be willing to take my colleagues and other readers of the the answer is yes, The Department of Edu- out student loans and accept a 30-year repay- RECORD. cation calculates that eliminating the inter- ment schedule and a lower standard of liv- est subsidy would increase the payments of [From the Chronicle of Higher Education, ing. If that is their choice, it should be their the average student who receives Ph.D., and Nov. 24, 1995] responsibility to cope with the consequences, who chooses to borrow the maximum ENDING STUDENT SUBSIDIES not that of the American taxpayer. amount available, by about $382 per month (By Ross I. Booher and Kevin W. Jones) during the standard 10-year repayment pe- f Although college lobbyists apparently have riod. This is a great deal of money, but, ac- persuaded Congress to abandon plans to cording to the U.S. Census Bureau, the aver- MOLLIE BEATTIE WILDERNESS eliminate the federal interest subsidy on age Ph.D. recipient earns $3,853 per month AREA ACT guaranteed student loans this year, law- and the average recipient of a professional makers are likely to scrutinize the program degree earns $4,961 per month. The com- SPEECH OF again in the future as they search for ways parable figures for people with a bachelor’s to cut wasteful government spending. We degree and people with a high-school di- HON. MICHAEL P. FORBES urge them to do so. Even though we are stu- ploma are $2,116 and $1,077, respectively. OF NEW YORK dents who currently enjoy the benefits of Looking at the big picture, those who bor- IN THE HOUSE OF REPRESENTATIVES this taxpayer largess, we believe that the in- row the maximum among of $138,500 to ob- terest subsidy should be dropped, American tain a doctoral degree enable themselves to Tuesday, July 16, 1996 taxpayers spend almost $2.5-billion a year for earn an average of $1.4-million more during Mr. FORBES. Mr. Speaker, on June 27, interest on guaranteed loans while the bor- their lifetime than the average high-school 1996, we lost Mollie Beattie, a friend and an rowers are students and for six months after graduate. Recipients of a professional degree ally, to a battle with brain cancer. Head of the they graduate. The borrowers never repay in fields such as law and medicine earn, on any of this interest. average, a staggering $2.2-million more than U.S. Fish and Wildlife Service [USFWS], Mol- We believe that this subsidy amounts to a the average high-school graduate. lie worked diligently to preserve our eco- taxpayer-financed gift to people who neither Organizations lobbying to preserve the in- system and protect it for the future of our Na- need it nor deserve it. Eliminating the sub- terest subsidy, such as the American Medical tion. As the first woman to head the USFWS, sidy would not make student loans or a col- Student Association and the Student Osteo- she worked wonders shrinking budgets while lege education less available, because the pathic Medical Association, point out that, still expanding the Federal refuge system. loans themselves still could be obtained. in the years immediately following gradua- A philosophy major at Marymount College in Further, the maximum amount that could be tion, many people who earn a graduate or borrowed would remain the same; students professional degree earn very little relative Tarrytown, N.Y. Mollie later found herself in- would not pay any interest while they were to the amount of debt they have incurred. volved in an Outward Bound course, through in school; and they would continue to have a According to the A.M.S.A., medical doctors which she rediscovered her love for nature, six-month grace period after graduation be- can earn an average of about $2,500 per which led her to a career as an environmental fore the began repayment. The only change month during residency training. The official. Her philosophy on the environment July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1333 changed the way that the USFWS worked, by Mr. Speaker, I want to share the USA jumps and had one more. German jumper providing for the ecosystem as a whole in- Today article which is entitled, ``Owens' Leg- Luz Long reportedly suggested Owens place a stead of dividing the country into parts. acy Stands,'' with my colleagues and others towel behind the takeoff board to use as his In particular, Mollie was instrumental in starting point to avoid fouling. throughout the Nation. I applaud the athletes That story has been refuted by many, but helping me create legislation to authorize the who are gathered in Atlanta for the summer Owens easily made his third qualifying jump purchase of Shadmoor in Montauk, Long Is- games. It is my hope that they will be inspired and won the final with an Olympic-record land. When acquired, this land will be pre- by Jesse Owens and his achievements. As we jump of 26 feet, 51⁄4 inches. Long hurried to served as a national wildlife refuge. Thanks to celebrate the centennial Olympics, we pay congratulate Owens and they left the field her help and dedication, this legislation is now tribute to the memory of this great American. arm in arm, Mandell writes. Long was later law and we are one step closer to the preser- [From USA Today, July 15, 1996] killed in the war. On Aug. 5, Owens won the 200 meters in an vation of Shadmoor. OWENS’ LEGACY STANDS The entire Nation may not realize the extent Olympic-record 20.7 seconds. He expected HIS SUPREME STATEMENT STILL INSPIRES IN ’96 to which Mrs. Beattie has touched our lives, that to be the end of his competition, but he (By Gary Mihoces) but those who knew her personally and knew and Ralph Metcalfe were added to the four- by-100-meter relay team to replace Marty what she worked for will miss her dedication Adolf Hitler planned a 400,000-seat stadium in Germany to host the Olympics for all Glickman and Sam Stoller. and her spirit. May she rest in peace. time, according to his chief architect. At the Glickman and Stoller were Jewish. There f 1936 Berlin Games, he settled for a 110,000- were reports they were bumped off the relay team because U.S. officials bowed to pres- JESSE OWENS’ LEGACY STANDS: A seat stadium to showcase his belief in Aryan supremacy. sures from the Nazis. There were other SPECIAL SALUTE TO OLYMPIC But Jesse Owens made his statement at claims that it was simply a matter of ensur- COMPETITORS those ’36 Games with four gold medals in the ing the victory. sprints and long jump, a track and field feat Owens was lead runner on the relay team, HON. LOUIS STOKES matched only by Carl Lewis during the boy- which set a world record. Just after his Olympic victories, Owens ran OF OHIO cotted 1984 Games. With 16 days of Olympic competition about afoul of the Amateur Athletic Union. When IN THE HOUSE OF REPRESENTATIVES to begin in Atlanta, USA TODAY staffers se- he declined to continue in a European tour Monday, July 22, 1996 lected 16 moments best signifying the Olym- the AAU had arranged to offset Olympic ex- Mr. STOKES. Mr. Speaker, a few days ago, pic spirit. penses, he was suspended from U.S. amateur Owens’ performance was rated the ulti- competition. the games of the 1996 summer Olympics mate. His legacy—not Hitler’s giant sta- In the years after the Olympics, his ven- began. The city of Atlanta is hosting the big- dium—looms over every Olympics. tures ranged from running exhibition races gest Olympics ever with more than 10,000 ‘‘I don’t think I’ve been anywhere (that) against horses to a failed dry cleaning busi- athletes from 197 countries gathered for the anybody who is a sports fan has not heard of ness. However, he later found a niche as a centennial games. This includes an Olympic- Jesse Owens,’’ says Harrison Dillard, who public speaker and goodwill ambassador record 4,000 women athletes who are compet- was inspired by Owens to become an Olympic until his death in 1980 at age 66 of lung can- ing in Atlanta. The 16 days of Olympic com- track champion himself in 1948 and 1952. cer. petition promises to be exciting from start to ‘‘It’s not only what he did, but the cir- Rankin is executive director of the Chi- cumstances under which he did it, right cago-based Jesse Owens Foundation, which finish. there in front of Hitler.’’ has several scholarship programs. I am proud that the 1996 Olympics include Owens, son of an Alabama sharecropper ‘‘He always believed that the youth of any outstanding athletes from the great State of and grandson of a slave, represented the USA country is its greatest resource,’’ she says. Ohio. Our State is represented in many of the when blacks were barred from major pro Dillard says Owens later worked at a recre- Olympic events, including gymnastics, swim- sports at home. He competed in a Berlin ation center in Cleveland. ‘‘He had a rough ming, track and field, diving, archery, and where Hitler’s brand of racial superiority time, particularly early on,’’ says Dillard. team handball, just to name a few. I take pride was official policy. ‘‘The endorsements were not there, and high- in saluting these outstanding athletes as they Hitler already had stripped Jews of citizen- profile companies were not using African- ship, but anti-Jewish signs were taken down Americans.’’ strive for victory in the Olympic arena. I also during the Games. Nazi newspapers Commercial use of Owens’ name or like- salute the Olympic team coaches and assist- downplayed their references to the ‘‘black ness now is controlled by CMG Worldwide of ant coaches who were selected from the State auxiliaries’’ of the U.S. team. Indianapolis, under agreement with Owens’ of Ohio. Owens had been a sensation at Ohio State, heirs. Mr. Speaker, as the Olympic games get un- where in a 1935 meet he broke three world But Rankin says Owens never despaired derway, many articles are being written about records and tied another. that he wasn’t born in an era of more lucra- previous Olympic champions. I read with inter- ‘‘He was only 23. He was very focused on tive rewards. est an article which appeared in the July 15, why he was there, to do the best he could in ‘‘Money didn’t mean an awful lot to him,’’ his events,’’ says Owens’ daughter, Marlene 1996, edition of USA Today. In that article it she says. ‘‘He liked what it would buy . . . Rankin. ‘‘I don’t think he was very conscious But he was not extravagant. He loved the is reported that the sports staff was asked to of what was happening politically.’’ sport, the discipline of training and the chal- vote on the greatest moments in Olympic his- One popular story was that Hitler snubbed lenge to do it better. Not better than some- tory. They were unanimous in selecting Jesse Owens by refusing to shake his hand. Accord- one else, just best for yourself. And his best Owens' 1936 performance as the one that ing to the book The Nazi Olympics by Richard just happened to be better than most.’’ best signifies the Olympic spirit. Mandell, the International Olympic Commit- f We are reminded that 60 years ago, the tee sent word to Hitler after the first day’s world watched as Jesse Owens became the competition that ‘‘he should congratulate all PERSONAL EXPLANATION or none’’ of the medalists and that Hitler first person in the history of the Olympics to chose the latter. capture four gold medals. In accomplishing So when Owens won the 100 on the second HON. FRANK R. WOLF this feat, Jesse Owens, the son of a share- day, he wasn’t greeted by Hitler, ‘‘nor was OF VIRGINIA cropper and grandson of a slave, shattered any other winner on that or any of the fol- IN THE HOUSE OF REPRESENTATIVES Adolf Hitler's hopes for Aryan supremacy in lowing days,’’ Mandell writes. Monday, July 22, 1996 the games. Owens also captured the hearts of Owens later said, ‘‘It was all right with me. the world with his stunning performance and I didn’t go to Berlin to shake hands with him Mr. WOLF. Mr. Speaker, I was away from anyway.’’ the House on an official leave of absence on remarkable grace. But Owens was among 10 black members of Jesse Owens died in 1980 at the age of 66. the U.S. track and field team who combined July 17 attending a memorial service at which Throughout his life, he continued to exhibit the for 13 medals. I was a speaker. While I was out, I missed type of spirit that made him an Olympic hero That ‘‘highly annoyed’’ Hitler, former Nazi seven rollcall votes. Because I have each year and American legend. Jesse Owens is per- architect Albert Speer wrote in his memoir since coming to Congress published and pro- haps the greatest athlete who ever lived. I am Inside the Third Reich. Speer said Hitler de- vided my constituents my entire voting record, proud that this Olympic hero was reared and cided black athletes ‘‘must be excluded from I want the record to show that had I been in attended school in my congressional district. I future games.’’ the House and voting on July 17, I would have Speer also designed the giant stadium Hit- am also proud to be the author of legislation ler had planned for Nuremberg to host the cast the following votes: which awarded Congress' highest honor, the Games for ‘‘all time to come.’’ ``No'' on rollcall 320, Hoyer amendment to Congressional Gold Medal, to Jesse Owens Owens’ second gold came in the long jump. H.R. 3756, fiscal year 1997 Treasury, Postal posthumously. But he fouled on his first two qualifying Service, General Government appropriations. E1334 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 ``No'' on rollcall 321, Solomon amendment CONGRATULATIONS TO MINISTER 1995±96 school yearÐprior to the Depart- to H.R. 3756. JOHN CHANG ment's ruling on the origination fee issueÐstu- ''No'' on rollcall 322, Gutknecht amendment dents and families in Pennsylvania had an to H.R. 3756. HON. EARL F. HILLIARD extra $2 million available for immediate edu- ``Yes'' on rollcall 323, on passage of H.R. OF ALABAMA cational expenses due to a special loan pro- 3756. IN THE HOUSE OF REPRESENTATIVES gram which reduced a student's origination fee ``Yes'' on rollcall 324, motion to suspend the from 3 to 1 percent. More than 36,000 stu- rules and pass H.R. 3166, Government Ac- Monday, July 22, 1996 dents received this benefit for the 1995±96 countability Act of 1996. Mr. HILLIARD. Mr. Speaker, I am very school year. If we allow the Department of ``Yes'' on rollcall 325, motion to suspend the pleased to see that Mr. John Chang has been Education's interpretation to stand, more than rules and pass H.R. 3161, extend most-fa- appointed the new foreign minister of the Re- 9,300 students, in Pennsylvania will have to vored-nation status to Romania. public of China. forego the benefit of reduced up-front fees and ``Yes'' on rollcall 326, motion to close por- Educated at Georgetown University, Mr. we don't think that should happen. tions of the conference on H.R. 3230, fiscal John Chang is a career diplomat. His most re- The great thing about this proposal is that it 1997 Defense authorization. cent post was minister of the Overseas Chi- doesn't cost the Federal Government a dime, nese Commission, Republic of China. while student's reap the benefits of competi- f Minister Chang speaks fluent English and tion in the student loan program. PERSONAL EXPLANATION French. An avid swimmer, he also excels in And this doesn't just help Pennsylvania stu- tennis and golf. He is married and has three dents. Lenders across the country can offer to children. pay a student's origination fees so students HON. RON PACKARD Under Minister Chang's leadership, I believe have more cash to pay for their higher edu- OF CALIFORNIA that the Republic of China and the United cation expenses. Reduced interest rates are IN THE HOUSE OF REPRESENTATIVES States will become even closer partners in already being offered by many lenders as a Monday, July 22, 1996 trade and other matters vital to the interests of reward for making monthly payments on time both nations. It is my personal hope that the and this is also a feature offered by the Penn- Mr. PACKARD. Mr. Speaker, I was unavoid- sylvania program which helps students save a ably detained on July 17 and 18, 1996 for roll- Republic of China and the People's Republic of China will soon engage in serious discus- little money during the repayment period. The call votes 323, 324, 325, 326, 327, 328, 329, combined effect of reduced up-front costs and 330, and 331. Had I been present, I would sionsÐas equal partnersÐof their eventual re- unification and that the Republic of China will lower interest rates during repayment make all have voted ``yea'' on rollcall votes 323, 324, student loans more affordable and manage- 325, 326, 327, 328, and 331, and I would soon be able to participate in the activities of the World Trade Organization and the United able for students. have voted ``nay'' on rollcall votes 329 and I am particularly pleased to include for the Nations. 330. I request that the RECORD reflect my po- RECORD, a letter from the Pennsylvania Asso- In the meantime I send my best wishes and sitions on these votes. ciation of Student Financial Aid Administrators congratulations to Foreign Minister John who have expressed their wholehearted sup- f Chang of the Republic of China. port for this legisation. These are the people TRIBUTE TO VILLAGE OF OR- f on the front lines in the student financial aid CHARD PARK ON ITS 75TH ANNI- INTRODUCTION OF STUDENT DEBT office who daily advise adn counsel our col- VERSARY REDUCTION ACT OF 1996 lege students on ways to finance a college education and I am delighted to have their HON. JACK QUINN HON. WILLIAM F. GOODLING support. PENNSYLVANIA ASSOCIATION OF STU- OF NEW YORK OF PENNSYLVANIA DENT FINANCIAL AID ADMINISTRA- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES TORS, Monday, July 22, 1996 Monday, July 22, 1996 July 3, 1996. Hon. WILLIAM F. GOODLING, Mr. QUINN. Mr. Speaker, I rise today to Mr. GOODLING. Mr. Speaker, today I am House of Representatives, offer my enthusiastic congratulations to the vil- happy to introduce a bill cosponsored by Rep- Washington, DC. lage of Orchard Park, in New York's 30th Con- resentatives GREENWOOD, MCKEON, FATTAH, DEAR REPRESENTATIVE GOODLING: The gressional District, on the occasion of its 75th FAWELL, CLINGER, and GEKAS which corrects a Pennsylvania Association of Student Finan- anniversary. technical problem with the language of the cial Aid Administrators (PASFAA) is a pro- Founded in the early 19th century by Quak- fessional organization dedicated to promot- Higher Education Act that thwarts competition ing access to higher education by providing ers, Orchard Park originally fell under the among lenders in the Federal Family Edu- financial assistance to those who might oth- charter of the town of East Hamburg, NY. A cation Loan Program and results in higher erwise be unable to attend. With more than group of concerned citizens petitioned the costs for students in need of unsubsidized stu- 550 members, the PASFAA membership en- town of East Hamburg for the incorporation of dent loans. compasses virtually every segment of higher the village of Orchard Park on August 21, The Higher Edcuation Act as interpreted by education and every component of student fi- 1921, and on October 18, the measure was the U.S. Department of Education allows lend- nancial assistance. subsequently ratified by a vote of 155 to 96. ers to pay origination feesÐ3 percent of the The purpose of this letter is to express PASFAA’s wholehearted support for legisla- Throughout its celebrated history, the village loan amountÐcharged a student at the time tion which would allow for a reduction in the of Orchard Park has steadfastly demonstrated as subsidized loan is obtained; one where the cost of origination fees for borrowers of its distinct sense of civic loyalty and pride Federal Government pays the interest on the unsubsidized student loans. Such legislation through its dedication to local education, finan- student's behalf while in school. Unfortunately, would enable lenders and guarantors to re- cial development in its business and retail dis- the Department has interpreted the language duce the up front cost of student loans, tricts, and careful maintenance of the village's of the Higher Education Act to prohibit lenders thereby increasing the amount of money stu- original charm of 1921. from paying origination feesÐ3 percent of the dents would have available to them to meet As a former teacher in the Orchard Park loan amountÐcharged a student if the student their educational expenses for the 1996–97 academic year. In doing so, lenders would be Central School District, I have seen first hand obtains an unsubsidized loan one where the providing a direct financial benefit to stu- the village's dedicated commitment to its resi- student is responsible for all the interest. dents without putting a corresponding bur- dents, distinguished community service, and The result is that student's obtaining den on the federal budget or the taxpayers, strong sense of community spirit and pride. unsubsidized student loans are forced to pay making this legislation even more attrac- Mr. Speaker, today I join with the residents higher up-front costs simply because of an in- tive. of the village of Orchard Park, village Mayor terpretation that we believe is incorrect. This legislation would provide an imme- Patricia Dickman, the members of the village Under the bill being introduced today, any- diate benefit to Pennsylvania residents re- ceiving loan assistance through PHEAA’s board, and indeed, our entire western New one may pay the origniation fees on behalf of Keystone and Keystone Direct Loan Pro- York community in warm tribute to the village the student borrower. This is particularly sig- grams. In addition, lenders nationwide would of Orchard Park on the occasion of this his- nificant in Pennsylvania because of the loan now have the opportunity to offer low-cost toric anniversary, and send my personal best programs administered by the Pennsylvania loans by reducing origination fees if they so wishes for continued prosperity in the future. Higher Education Assistance Agency. For the desire. July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1335 PASFAA deeply appreciates your support OREGON’S WELFARE-TO-WORK SCANA Corp. for its sponsorship of ``The of student aid programs, and looks forward PROGRAM Coach,'' a computer equipped traveling class- to working with you on this and other legis- room. ``The Coach,'' which is staffed with lation designed to benefit college students. If we can be of any further assistance to you, HON. ELIZABETH FURSE State adult literacy specialists, travels through- please do not hesitate to contact any of our OF OREGON out South Carolina to offer free training to em- officers. IN THE HOUSE OF REPRESENTATIVES ployers for the development of adult literacy Sincerely, programs for their employees. In presenting Monday, July 22, 1996 GEORGIA K. PRELL, the award, EEI President Tom Kuhn noted PASFAA President. Ms. FURSE. Mr. Speaker, Oregon has an that, ``by helping people improve themselves, f outstanding welfare-to-work program in place SCANA opens the way to a more highly that has allowed Oregon to achieve one of the skilled workforce, a more competitive econ- TRIBUTE PAID TO MARJORIE Nation's steepest declines in welfare cases. omy, and a better quality of life.'' JEFFRIES OF MILTON, MA Since March 1994, our welfare caseload has Mr. Speaker, the SCANA Corp. is to be dropped from 44,000 to 32,000, and State offi- commended on the contributions that ``The HON. JOHN JOSEPH MOAKLEY cials expect that these numbers will fall to less Coach'' has made to increasing adult literacy OF MASSACHUSETTS than 25,000 in the next 4 years. Most of the in South Carolina. As it celebrates its 150th IN THE HOUSE OF REPRESENTATIVES credit for this success goes to our vigorous anniversary, the SCANA Corp. can take great Monday, July 22, 1996 JOBS welfare-to-work program and the Or- pride in its history of service to the people of Mr. MOAKLEY. Mr. Speaker, I rise to pay egon Health Plan, which provides health the Palmetto State. tribute to a woman who embodies beauty in insuracne to pepole who otherwise would go f on welfare. culture, in nature, in life. H.R. 3814—COMMERCE, JUSTICE, Marjorie Jeffries is a longtime resident in Oregon has received waivers from the Fed- STATE APPROPRIATIONS Milton, MA, who has never stopped living by eral Government which allow sweeping her own advice: ``Pay attention to the Milton changes in our welfare system. These waivers community and give yourself to it.'' enable Oregon to require all welfare recipients HON. CARDISS COLLINS In 1953, she and her husband David trans- to seek jobs to move their families out of pov- OF ILLINOIS formed a densely wooded piece of land into a erty. The goal is for families on welfare to take IN THE HOUSE OF REPRESENTATIVES nature paradise, complete with gardens of control of their lives and avoid long-term de- Monday, July 22, 1996 perennials, rocks, daylilies, and irises. The pendence on welfare. Like the Castle-Tanner Jeffries built their home here, under a canopy substitute and the underlying bill, Oregon's Mrs. COLLINS of Illinois. Mr. Speaker, I ask of red oak and white pine trees, and protected JOBS program shares the expectation of ag- unanimous consent to revise and extend my the land with a conservation order. The deer, gressively moving people from welfare to remarks. Wake up America. Wake up and see foxes, skunks, and chipmunks who live in the work. All three also emphasize aggressive what the Dole-Gingrich Republicans are trying area roam freely here, and will be able to child support collection, employment supports to do to you again. Just when you had thought enjoy it forever. People, dogs, and horses who such as child-care subsidies, and can require the Republicans had learned some lessons of passed the house on their way to the Blue teen parents to live in safe, supervised set- last year when they, over and over again, shut Hills often stop to mingle with the Jeffries or tings. I am pleased that the Republicans' Med- down the Federal Government, while assidu- the animals in their yard. icaid reform plan, which I strongly opposed in ously trying to dictate their extremist conserv- After listening to the music that birds con- the Commerce Committee, has been dropped atism on everyone, and unabashedly trying to tributed to her backyard, Marjorie Jeffries de- from this bill. deny personal liberties and restrict public serv- cided to contribute some music as well. These bills, as well as the one being de- ices, they are back at it again. I must say, Thirty-nine years after graduating Bryn bated in the Senate, contain language that en- they are a persistent bunch. In these proposed Mawr College with a bachelor of arts degree, ables States with waivers to continue their ex- appropriations for the Departments of Com- she earned a music major equivalent at isting welfare programs. In addition, the legis- merce, State, Justice, and major related agen- Wellesley College. She then earned a master lation states that if new requirements are put cies, the Dole-Gingrich cabal is attempting to of arts in music composition from Connecticut into law, they will not apply to States with legislate morality and economies through the College. waivers. In order for Oregon to make the appropriations process. Tucked neatly among She continued her music studies, and has strides that we are committed to, it is essential programs in this bill that most people recog- become a widely recognized composer and that this language be maintained and that it in- nize, that is, the Census Bureau, F.B.I., Drug flutist. She has received grants and commis- clude States whose waivers were approved by Enforcement Administration, Immigration and sions for several of her pieces, and earned a September 30 of this year. I will work with Naturalization Service, and the U.S. Supreme citation from Gov. Michael Dukakis. She is a Members in the other body to make sure this Court, are severe levels of funding reductions member of the Longy School of Music orches- provision remains in the conference report on that are undoubtedly designed to strangle the tra, and has served as the composer in resi- the bill. Small Business Administration [SBA], the Se- dence for the Milton Public Schools. Oregon is a national leader in welfare re- curities and Exchange Commission [SEC], the Marjorie has always wanted others to be form. I support reforming our welfare system Minority Business Development Agency able to share in the joy of arts. In 1974, she and am committed to moving the process for- [MBDA], and the Legal Services Corporation founded the Milton Performing Arts to provide ward. I call on other States to match Oregon's [LSC]. an outlet for the citizens of Milton to pursue achievements in sensible, humane welfare re- Funding for the Small Business Administra- their interest in writing, arts and music in an form. tion, is slashed by almost $21 million below open forum. In 1992, she was designated as f last year's appropriations, the SEC is cut by the Artist of the Month by the Milton Art Asso- $225.1 million less than requested by Presi- ciation for her ``Variations of the View from SCANA CORP. RECEIVES THE dent Clinton's budget, and the Legal Services Chickatawbut Hill,'' which was displayed at the COMMON GOALS AWARD Corporation is under funded by over $199 mil- Milton Public Library. lion. Since the Dole-Gingrich Republicans In addition to her contributions to nature and HON. FLOYD SPENCE have been unable to kill them politically in an art, Marjorie has been active in many other OF SOUTH CAROLINA up and down fight on neither policy nor poli- communities. As a regular participant in town IN THE HOUSE OF REPRESENTATIVES tics, they're trying to severely maim them by meetings, her opinions have garnered respect, cutting off the checking account that funds despite the fact that she ruffles the feathers of Monday, July 22, 1996 them. Wake up America, look around you, and State and national politicians on occasion. She Mr. SPENCE. Mr. Speaker, I rise to recog- think about what the conservative Dole-Ging- also is a trustee of the Milton Public Library, nize the SCANA Corp., which serves the Sec- rich folk are doing to America's economy and and has worked to make the library a better ond Congressional District of South Carolina, to the right of every American to have legal tool of knowledge for the residents of Milton. for receiving the Common Goals Award from counsel. Mr. Speaker, I believe that we could all do the Edison Electric Institute [EEI] last week in It is easy to understand why the Dole-Ging- well to follow Marjorie Jeffries' advice, to pay Washington. The award, was given for out- rich Republicans slashed the social programs attention to our communities, and give our- standing achievement in the field of edu- in the Department of Health and Human Serv- selves to them. cational partnerships, was bestowed on the ices appropriations a few days ago: there E1336 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 weren't many fat-cat special interests sup- leaders. The MBDA supports citizens who to know what he considers his most important ported in there. Frankly, I expected the appro- may be first generation business owners in hobby to be spending time with his wife, Ger- priations bills for fiscal year 1997 to be not their efforts to succeed. Created in 1969 by aldine, his children and their spouses, his quite as radically conservative as those they President Nixon, the MBDA provides technical grandchildren, and his great grandson. A man forced through Congress for fiscal year 1996 assistance to minority entrepreneurs that can be no luckier that having a rewarding ca- which caused the Federal Government to greatly increase their ability to compete in do- reer, and recognizing the ultimate importance shutdown. However, they have in this session mestic and international markets. While mi- of his family. already passed several bills that cut spending norities make up 25 percent of the U.S. popu- Mr. Speaker, local officials are the hallmark in domestic areas that are important to hard- lation, they represent only 9 percent of the Na- of our democratic society. They help people working Americans, that are vitally significant tion's business owners. MBDA has a proven understand the importance of good govern- to the social, economic and personal well- record of leveraging scarce public resources ment. Genesse Township has been very fortu- being of this country: education, health serv- by partnering with the private sector to in- nate to have Donald Becker, and, indeed, his ices and research, housing, and transpor- crease capital and market opportunities in family, for these many years. I urge you and tation, just to name a few. underutilized business communities, and yet all of our colleagues to join me in wishing him So, here we go again. This fiscal year 1997 the Republicans who control this body are so the very best as he celebrates his years of appropriations bill for the Departments of determined to render ineffectual a good pro- service to Genesee Township. Commerce, Justice, State, and related agen- gram that was created by their own President f cies is for $29.5 billion. While this is a sub- Nixon, that they have also rejected an effort to stantial amount of money, one must remember restore reasonable funding for the MBDA. WHY CATHOLIC SCHOOL MODEL IS that it takes a lot of money to fund a Federal There are many valuable programs that TABOO Government as responsive and responsible as should be funded under this bill; however, the ours ought to be. Yet, this bill is for $2.1 billion appropriations levels proposed by the Repub- HON. JOHN J. DUNCAN, JR. less than the President has, after careful con- licans will only weaken, injure and damage the OF TENNESSEE sideration, determined that he needs in order successful efforts underway to bring about a to be able to carry out plans and programs reduction in waste, fraud, and abuse of the IN THE HOUSE OF REPRESENTATIVES necessary to fight crime, create jobs and train public trust. I urge my colleagues to defeat Monday, July 22, 1996 the necessary workforce, to prevent and ad- this bill so that we can get back to the nego- Mr. DUNCAN. Mr. Speaker, I think that any- dress family and societal violence, drugs and tiating table in the best interest of all Ameri- one who is truly interested in education should illegal immigration. Those are critical impera- cans. If this bill should be passed by the Con- read the following article from the July 17, tives, but they are not the only priorities that gress, I will urge the President to veto it and 1996, issue of the Wall Street Journal. I would need funding and are not all the priorities of send it back to the drawing board. like to call it to the attention of my colleagues my constituents in the Seventh District of Illi- f and other readers of the RECORD. nois. Among my constituents are the richest THANK YOU DONALD E. BECKER WHY THE CATHOLIC SCHOOL MODEL IS TABOO and the poorest of America, and they report to (By Sol Stern) me that they need people programs that bene- fit women, minorities, and persons with very HON. JAMES A. BARCIA New York City’s Cardinal John J. O’Con- nor has repeatedly made the city an extraor- limited incomes, as well as the several very OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES dinary offer: Send me the lowest-performing important agencies that severely effect them 5% of children presently in the public all, but that are targeted for funding cuts. Monday, July 22, 1996 schools, and I will put them in Catholic For example, the Legal Services Corpora- Mr. BARCIA. Mr. Speaker, many of us be- schools—where they will succeed. The city’s tion [LSC] is an agency that provides free and lieve that public service is among the greatest response: silence. reduced-fee legal services to low-income indi- calling that exists. On July 23, many fortunate In a more rational world, city officials viduals. By proposing dramatic cuts in funding would have jumped at the cardinal’s invita- people who live in Genesse Township will tion. It would have been a huge financial for the LSC, the Republicans risk the following come together to celebrate the remarkable results: (1) a 2 million reduction in the number plus for the city. The annual per-pupil cost more than 25 years of service that Donald E. of Catholic elementary schools is $2,500 per of clients served; (2) a 50 percent decrease in Becker has provided as the township's treas- year, about a third of what taxpayers now the number of neighborhood offices (from, urer. spend for the city’s public schools. 1100 in fiscal year 1995 to 550); (3) a cut by Donald Becker's devotion to his community NO IDLE BOAST more than half, in the number of LSC lawyers is easy to understand. His grandfather, August More important, thousands more disadvan- available to provide legal services; and (4) a George Becker was the township supervisor taged children would finish school and be- startling cut-off of legal assistance to clients in from 1922 to 1926, and his father, Walter come productive citizens. For Cardinal thousands of communities across the Nation. Becker, was in the Genesee County Sheriff's O’Connor’s claim that Catholic schools This Republican fiscal 1997 appropriations of Department. Donald Becker was the co- would do a better job than public schools is $141 million for LSC is a devastating cut from founder of the all volunteer Kearsley Genesee no idle boast. In 1990 the RAND Corporation the fiscal year 1995 funding level of $415 mil- Rescue Squad, as well as its treasurer. He compared the performance of children from New York City’s public and Catholic high lion, and is unquestionably meant to destroy has also been tremendously involved in the the Legal Services Corporation. Wake up schools. Only 25% of the public-school stu- Genesee County Treasurer/Clerk Association, dents graduated at all, and only 16% took Americans. Open your eyes and see what the the Genesee Parks Commission, the Genesee the Scholastic Aptitude Test, vs. 95% and Dole-Gingrich Republicans who control this County Metropolitan Planning Commission, 75% of Catholic-school students, respec- body have just done. They have defeated an and the region 5 planning commission. tively. Catholic-school students scored an amendment to restore reasonable funding to With all of this professional involvement, it is average of 815 on the SAT. By shameful con- the LSC that would have prevented the virtual remarkable to note that Donald Becker is most trast, the small ‘‘elite’’ of public-school stu- abandonment of the longstanding Federal noted for his personal style of dealing with dents who graduated and took the SAT aver- commitment to the legal protection of working people. For example, he hand-delivers checks aged only 642 for those in neighborhood poor Americans, including victims of spousal schools and 715 for those in magnet schools. for the school districts because he believes it's In 1993 the New York State Department of and child abuse, dead-beat parents who run important for the checks to get there. He has Education compared city schools with the out on the child support obligations, and vic- been involved on so many committees be- highest levels of minority enrollment. Con- tims of consumer fraud. cause he believes that you have to get to clusion: ‘‘Catholic schools with 81% to 100% Another program gutted by the Republicans know people in order to be effective as a com- minority composition outscored New York and left to bleed a slow death, is the Minority munity leader. City public schools with the same percentage Business Development Administration [MBDA] He has been careful with taxpayers dollars, of minority enrollment in Grade 3 reading within the Department of Commerce. The mis- leading efforts to allow for the investment of (+17%), Grade 3 mathematics (+10%), Grade 5 sion of the MBDA is to work to develop and local funds in savings accounts, allowing inter- writing (+6%), Grade 6 reading (+10%) and Grade 6 mathematics (+11%).’’ support the successes and increase competi- est earnings to both supplement local reve- Yet most of the elite, in New York and tive opportunities for minority-owned busi- nues, and to help reduce the need for any ad- elsewhere, is resolutely uninterested in the nessesÐto ensure that minority Americans ditional tax assessments. Catholic schools’ success. In part this re- can participate in the economy not just as With all of the wonderful public activities that flects the enormous power of teachers’ workers, but also as entrepreneurs and global this man has undertaken, it is also very good unions, fierce opponents of anything that July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1337 threatens their monopoly on education. In of liberal candidates around the country. resentatives due to the tragic explosion on part it reflects a secular discomfort with re- Two weeks ago I attended the National Edu- TWA Flight 800 over the First Congressional ligious institutions. cation Association convention in Washing- District of New York. I felt it was appropriate I myself have felt this discomfort over the ton, a week-long pep rally for Bill Clinton to return to my district to support and comfort years, walking past Catholic schools like St. punctuated by ritual denunciations of pri- Gregory the Great, near my Manhattan vatization. my constituents impacted by this disaster as home. Every morning, as I took my sons to Before the teachers’ unions rise to political well as to help coordinate local, State, and public school, I couldn’t help noticing the power, it was not unusual to see urban Federal search and rescue efforts. well-behaved black and Hispanic children in Democrats like former New York Gov. Mario Had I been present I would have voted their neat uniforms entering the drab parish Cuomo support government aid to Catholic ``yes'' on roll No. 327, ``yes'' on roll No. 328, building. But my curiousty never led me past schools. Mr. Cuomo’s flip-flop on this issue is ``no'' on roll No. 329, ``no'' on roll No. 330, and the imposing crucifix looking down from the especially revealing. In 1974, when he first ``yes'' on roll No. 331. roof, which evoked childhood images of ran for public office, Mr. Cuomo wrote a let- f Catholic anti-Semitism and clerical obscu- ter to potential supporters: ‘‘I’ve spent more rantism. than 15 years . . . arguing for aid to private PROVIDING FOR CONSIDERATION Finally, earlier this year, I ventured in, schools,’’ he wrote. ‘‘If you believe aid is a OF H.R. 3734, WELFARE AND and I was impressed. I sat in, for example, as good thing, then you are the good people. If MEDICAID REFORM ACT OF 1996 fourth-grade teacher Susan Viti conducted a you believe it, then it’s your moral obliga- review lesson on the geography of the West- tion, as it is my own, to do something about SPEECH OF ern United States. All the children were it. . . . Let’s try tax-credit plans and any- completely engaged and had obviously done thing else that offers any help.’’ HON. LOUIS STOKES their homework. They were able to answer Mr. Cuomo soon learned his lesson. In his OF OHIO each of her questions about the principal published diaries he wrote: ‘‘Teachers are IN THE HOUSE OF REPRESENTATIVES cities and capitals of the Western states— perhaps the most effective of all the state’s some of which I couldn’t name—and the to- unions. If they go all-out, it will mean tele- Wednesday, July 17, 1996 pography and natural resources of the re- phones and vigorous statewide support. It Mr. STOKES. Mr. Chairman, I rise in oppo- gion. ‘‘Which minerals would be found in the will also mean some money.’’ In his 1982 sition to H.R. 3734, the Balanced Budget Wel- Rocky Mountains?’’ Miss Viti asked. Eager campaign for governor, Mr. Cuomo gave a fare Reform Act, a bill designed to overhaul hands shot up. Miss Viti used the lesson to speech trumpeting the primacy of public expand the students’ vocabulary; when the our Nation's welfare system. Fifteen months education and the rights of teachers. He won ago, many of my colleagues and I stood be- children wrote things down, she insisted on the union’s enthusiastic endorsement proper grammar and spelling. against Ed Koch in the Democratic primary. fore this body and showed our staunch dis- I found myself wishing that my own son’s Over the next 12 years, in private meetings agreement with the House-passed welfare re- fourth-grade teachers at nearby Public with Catholic leaders, Gov. Cuomo would de- form bill which made disastrous cuts in our School 87, reputedly one of the best public clare that he still supported tax relief for pa- Nation's welfare programs. I wish I could say schools in the city, were anywhere near as rochial school parents. Then he would take a that, since then, some compassion and reason productive and as focused on basic skills as completely different position in public. For had been interjected into this debate and pro- Miss Viti. Both my boys’ teachers have wast- example, in 1984 he acknowledged that giving duced a more favorable bill for consideration. ed an enormous amount of time with empty tax credits for parochial-school tuition was verbiage about the evils of racism and Unfortunately, H.R. 3734, the bill being de- ‘‘clearly constitutional’’ under a recent Su- liberated today, targets the poorest in this sexism. By contrast, in Miss Viti’s class and preme Court decision–but he refused to sup- in all the other Catholic-school classes I vis- port such a plan. country, in order to meet Republican budget ited, it was taken for granted that a real Politically controlled schools are unlikely priorities. When we examine the provisions of education is the best antidote to prejudice. to improve much without strong pressure this legislation, it is abundantly clear that our Miss Viti earns $21,000 a year, $8,000 less from outside. Thus, the case for government colleagues have reneged on their commitment than a first-year public-school teacher. ‘‘I’ve aid to Catholic schools is now more compel- to ensure a ``family friendly'' Congress and to taught in an all-white, affluent suburban ling than ever, if only to provide the com- protect our Nation's children. school, where I made over $40,000,’’ she says. petitive pressure to force state schools to ‘‘This time I wanted to do something good H.R. 3734 slashes more than $61 billion change. And the conventional wisdom that over 6 years in welfare programs. This bill for society, and I am lucky enough to be able government is constitutionally prohibited to afford to do it. I am trying to instill in my from aiding Catholic schools has been under- guts funding for the Food Stamp Program, students that whatever their life situation is mined by several recent U.S. Supreme Court cuts into the SSI protections for disabled chil- now, they can succeed if they work hard and decisions. dren, drastically cuts child nutrition programs, study.’’ SUCKER’S TRAP and slashes benefits for legal immigrants. Mr. You might expect liberals, self-styled Speaker, I find these reductions in quality of champions of disadvantaged children, to ap- Since the powerful teachers’ unions vehe- plaud the commitment and sacrifice of edu- mently oppose any form of government aid life programs appalling. cators like Susan Viti. You might even ex- to Catholic schools, reformers are often skit- How can my Republican colleagues praise pect them to look for ways of getting gov- tish about advocating vouchers or tuition this bill's work requirements when H.R. 3734 ernment money to these underfunded tax credits, fearing that will end the public- provides inadequate funding for education, schools. Instead, they’ve done their best to school reform conversation before it begins. training, and employmentÐessential compo- make sure the wall of separation between But to abandon aid to Catholic schools in the nents in contributing to longevity in the church and state remains impenetrable. Lib- name of public-school reform is a sucker’s workforce? How can they stand by a bill that trap. We have ended up with no aid to Catho- eral child-advocacy groups tout an endless slashes more than $3 billion in funding for array of ‘‘prevention’’ programs that are lic schools and no real public-school reform supposed to stave off delinquency, dropping either. meals to children in child care centers and out of school and teen pregnancy—yet they Catholic schools are a valuable public re- homes? As if that were not devastating consistently ignore Catholic schools, which source not just because they profoundly ben- enough, this bill would cut nearly $23 billion nearly always succeed in preventing these efit the children who enroll in them. They over 6 years from the Food Stamp Program pathologies. also challenge the public school monopoly, and an additional $23 billion in the SSI Pro- Read the chapter on education in Hillary constantly reminding us that the neediest gram. Clinton’s ‘‘It Takes a Village.’’ Mrs. Clinton kids are educable and that spending extrava- H.R. 3734 sends a signal to the Nation that advocates an alphabet soup of education pro- gant sums of money isn’t the answer. No one our Government leaders place a very low pri- grams for poor kids, but says not a word who cares about reviving our failing public about Catholic schools. Similarly, in his schools can afford to ignore this inspiring ority on those individuals who have very little. books on education and inner-city ghettos, laboratory of reform. In Cuyahoga County, we have a 20 percent Jonathan Kozol offers vivid tours of decrepit f poverty rate in a county of 1.4 million people. public schools in places like the South In the city of Cleveland, it is an alarming 42 Bronx, but he never stops at the many PERSONAL EXPLANATION percent. Throughout Cuyahoga County, more Catholic schools that are succeeding a few than 228,000 people receive food stamps. blocks away. HON. MICHAEL P. FORBES Many of these individuals constitute America's Why are Catholic schools taboo among working poor. This punitive welfare measure those who talk loudest about compassion for OF NEW YORK the downtrodden? It’s hard to escape the IN THE HOUSE OF REPRESENTATIVES will undoubtedly endanger their health and well-being. conclusion that one of the most powerful Monday, July 22, 1996 reasons is liberals’ alliance with the teach- Mr. Chairman, I can understand and support ers’ unions, which have poured hundreds of Mr. FORBES. Mr. Speaker, on July 18, a balanced and rational approach to address- millions of dollars into the campaign coffers 1996, I was absent from the House of Rep- ing the reform of our Nation's welfare system. E1338 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 But I cannot and will not support this legisla- tivity growth appears to be picking up. If FREE PRESS IN HONG KONG tion which would shatter the lives of millions of this pattern continues, it will permit wages UNDER ATTACK our Nation's poor. In order to move people to to grow for some time, with little effect on self-sufficiency, we must provide adequate price inflation. HON. JOHN EDWARD PORTER education, training, child care, and jobs that The decline in unemployment also means OF ILLINOIS pay a livable wage. Anything short of that little. Some economists still hold to the no- IN THE HOUSE OF REPRESENTATIVES does great disservice to our national sense of tion of a ‘‘natural rate of unemployment’’ at Monday, July 22, 1996 compassion and our moral responsibility to 6 percent or a slightly lower figure, below help the poor help themselves. which they believe inflation spirals out of Mr. PORTER. Mr. Speaker, I recently read On behalf of America's children and the control. But joblessness has been less than 6 a New York Times article outlining Chinese poor, I urge my colleagues to vote against percent without raising inflation since Sep- threats to restrict Hong Kong's press once the H.R. 3734. tember 1994. British colony comes under Chinese rule. This f Recent economic studies confirm their is information, while extremely upsetting, is hard- little reason to fear that prices will rise sim- ly shocking. Although the Chinese Govern- IT’S THE REAL ECONOMY THAT ply because of low unemployment—or for ment professes to be committed to ensuring a COUNTS that matter, rapid growth. Most inflation of smooth, peaceful transition for Hong Kong, ac- past decades had different causes, like oil tions by the Chinese Government tell a very HON. BARNEY FRANK shocks and war. different, very disturbing story. As the saying goes, ``actions speak louder than words.'' OF MASSACHUSETTS Some say to forget the facts. An official of In 1984, to help ensure the smooth transi- a regional Federal Reserve bank recently IN THE HOUSE OF REPRESENTATIVES tion of Hong Kong from British to Chinese told Business Week (anonymously, of course) Monday, July 22, 1996 that ‘‘you have to move on anecdotal data’’ control, Britain and China both signed the Mr. FRANK of Massachusetts. Mr. Speaker, In other words, monetary policy should be Joint Declaration providing for the peaceful re- one of the most infuriating aspects of our eco- based on gossip. Mercifully, it is likely that turn of Hong Kong to Chinese rule. This docu- nomic affairs to many people is the extent to the Federal Reserve Board’s governors do ment, registered at the United Nations, speci- which the bond market treats good news as not share this view. fies that Hong Kong will enjoy a high degree of autonomy except in foreign and defense af- bad news. This was of course most recently The bears in the bond market must also fairs, and that the legislature will be elected. displayed when the best employment news we know that their inflation warnings are un- China has repeatedly violated the commit- have had in years triggered serious financial founded. So what are they up to? The answer downtrends. People who trade bonds have of seems clear. We have a speculation problem, ments made in this binding document, leading course a right to do whatever they wish. But not an inflation problem. to increasing tensions between Hong Kong and China as the July 1, 1997, date fast ap- we as policymakers must make it very clear The bears make their living by betting on that we will not be driven by their short term proaches. the Fed’s next decision, not by calling the Mr. Speaker, just one example will suffice to gyrations and in particular that we will con- economy. The bears predict when short-term demonstrate how the Chinese have chosen to tinue to pursue policies that expand employ- rates will be raised and when they will de- ignore commitments made in the Joint Dec- ment opportunities and real incomes for work- cline. By selling and buying long-term bonds laration. Recently, Chinese authorities threat- ing people without being deterred by the nega- in advance, they can make a lot of money— ened to abolish the first ever democratically tive short term impact this may have on the if their predictions are right. So it is natural elected legislative council and replace it with that they try to affect the Fed’s decisions. bond business. James K. Galbraith, formerly an appointed legislature. This action would not of the staff of the Joint Economic Committee This game has been in full cry since at only be in clear violation of the Joint Declara- in better days, and now a teacher of econom- least October 1993, when bond-market insid- tion, but also in violation of the Universal Dec- ics at the Johnson School of Public Affairs at ers correctly anticipated (and may have pro- laration of Human Rights and the International the University of Texas, recently wrote on this voked) the Fed’s rate increase of February Covenant on Civil and Political Rights. subject in a very instructive fashion. It is es- 1994. All through that year, each time the With China now threatening to restrict free- sential that we listen to Mr. Galbraith and not Fed raised interest rates, the stock and bond dom of the press in Hong Kong, it becomes allow financial speculation to perform the re- markets churned. clear that Chinese officials do not intend to verse alchemy which has from time to time If short-term rates are pushed up tomor- grant Hong Kong the degree of autonomy pre- characterized their efforts. row, many ordinary investors will panic and viously promised. This should leave us all WHAT INFLATION? dump their bonds and stocks. Then the spec- deeply concerned about the future of Hong (By James K. Galbraith) ulators can buy cheap and ‘‘shear the Kong. Mr. Speaker, Hong Kong has close to sheep’’—the small investors, in the specu- AUSTIN, TX.—The economic news on Fri- 60 papers and 675 periodicals. These papers day was so good it was a disaster. Unemploy- lators’ lingo. and periodicals provide Hong Kong citizens ment has fallen to 5.3 percent, the lowest it Sell bonds, create gossip, influence pol- and those throughout the world with the truth has been in six years. June payrolls in- icy—what a game! But maybe the game has about what is happening in Hong Kong, and creased by 239,000 jobs. And the average changed. News reports preceding the Fed’s throughout all of Asia. Restricting free press in hourly wage rose by nine cents, the biggest inactivity last week suggested that the Hong Kong will severely limit the world's ability one-month jump ever recorded, a level ‘‘no- chairman, Alan Greenspan, may have given ticeably above the inflation rate,’’ as The to follow events in Tibet, China, and Taiwan. up the ‘‘pre-emptive strike’’ anti-inflation Mr. Speaker, Hong Kong is the world's best New York Times reported. strategy of 1994. Good. The idea that the eco- Pandemonium on Wall Street! The yield on example of the prosperity that results from a nomic evidence counts for something is the 30-year Treasury bond leaped a quarter strong and vibrant free enterprise system ex- central to proper monetary policy. of a point, finishing at 7.18 percent. And isting under the rule of law. China's threats to stocks plummeted: the Dow Jones industrial But Mr. Greenspan’s possible credibility as dismantle the legislature and restrict freedom average dived 114 points. a pragmatist, only a week old and none too of speech are not idle threats. I have no doubt Amid the commotion, one could hear the sturdy, will depend on facing down the bears. that if we let Chinese threats go unchallenged, bond bears roaring their message that, with It would be an extremely good thing if the inflation sure to surge, the Federal Reserve each and every threat will indeed be carried Federal Reserve held the line through the must raise short-term interest rates. Many out. Tyranny thrives on the weakness of oth- of the bears said that had the Fed’s Open summer and fall—at least as long as core in- ers, and the United States has been weak in Market Committee known at its meeting flation (calculated without volatile food and its response to Chinese behavior. Mr. Speak- last Wednesday what the secretive Bureau of energy prices), measured over six months or er, we must do everything possible to ensure Labor Statistics would announce two days so, remains reasonable. that democratic advances in Hong Kong are later, it would surely have raised them. In that event, the interest rates on long- not reversed by oppressive Chinese policies. Some urged the Fed to correct this ‘‘error’’ term bonds will finally begin to decline, and As 1997 approaches, the United States must immediately without waiting until the next maybe short-term rates will follow. Traders stand with those in Hong Kong, such as jour- regular meeting in August. committed to a strategy of creating panic Nonsense. There is no cause for alarm. The nalists opposing illegal restrictions on their will lose money. So what? evidence does not portend surging inflation. free speech, who are rightly unwilling to capit- To begin with, the annual rate remains low: The Fed did the right thing. Now it should ulate to Beijing's efforts to strip the citizens of 2.9 percent in the year that ended in May. In- stand firm and show the speculators who is Hong Kong of their democratic rights and free- flation is not accelerating. Instead, produc- in charge. doms. July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1339 PATIENT RECOGNITION DAY standing ovation from the audience at the Lon- Sa’di, the great 12th century Iranian poet, don festival and her defiant speech was inter- has put it eloquently: HON. THOMAS J. MANTON rupted several times by deafening applause.'' Of one body are the children of Adam All created from a single gem OF NEW YORK Mr. Speaker, I think that it is important to If fate afflicts one with great pain IN THE HOUSE OF REPRESENTATIVES heed Mrs. Rajavi's message, which is diamet- rically opposed to that of the fundamentalist How can others rest calm and sane. Monday, July 22, 1996 mullahs in Iran. I am, therefore, submitting a History often tells us of slaves and cele- brates their freedom, but so little is said Mr. MANTON. Mr. Speaker, for the 8th year copy of her speech at London's Earl's Court in a row, the board of visitors of Bronx Psy- about ‘‘the slave of slaves,’’ the most tor- Exhibition Centre, for publication in the CON- mented and oppressed members of human so- chiatric Center is holding a Patient Recogni- GRESSIONAL RECORD. ciety. Today, we have assembled here so that tion Day to honor those who have significantly WOMEN, VOICE OF THE OPPRESSED—SPEECH BY their voice, lost in the chilling silence of progressed on their path toward eventual dis- MARYAM RAJAVI, PRESIDENT-ELECT OF THE centuries, may be heard: The voice of charge back to the community or have made IRANIAN RESISTANCE, LONDON, JUNE 21, 1996 women, the voice of the oppressed. a positive impact on the lives of their peers on I wish to thank you all for your generous The history of humankind is the history of their wards. sympathy and kind support. Greetings to my human being’s glorious quest for freedom, Patient Recognition Day actually honors the dear follow Iranians who are listening now in and at the same time a wretched chronicle of the meetings honoring June 20th in different oppression. While man gradually succeeded efforts of many people whose dedication has in freeing himself from the absolute dictates contributed to the recovery process. They are countries. I am very happy to see you all and part of nature, he soon found himself enchained the staff and professionals at Bronx Psy- take in this magnificent event. I had come to by his fellow man. Thus, history began with chiatric Center who put forth great care into London on a private visit, and was invited to the oppression of man by man. Slavery, that and take great pride in their work. There are speak about the topic this gathering is ad- great tragedy of human history, was directed the board of visitors, Mr. Samuel Lopez, presi- dressing: Women, Voice of the Oppressed. by the likes of Nero and Pharoah, and the dent, Sylvia Lask & Helen Rosello who over- Each year, on this occasion, we speak of voice of the oppressed was drowned out by June 20th and of a cry for freedom that will the cracking whips of their masters. All that see the center on behalf of the Governor of remained was the rattling of the shackles, as New York State. There are, of course the fam- reverberate forever in the history of Iran. It is only fitting for me to begin by honoring the dark age of slavery prevailed. ily and friends of the patients who lend so the 15th anniversary of this turning point. Was mankind to remain forever at the much support and understanding. June 20th for us, the people of Iran, was a mercy of this blind destiny? One answer Mr. Speaker, the greatest honor, however is day of destiny the day the Iranian people came on that fateful day near Nazareth, reserved for the patients who have trusted and arose against the suppression of freedoms. It when Jesus Christ proclaimed: ‘‘He anointed worked with all the people I mentioned above. is the day the pervasive and tortuous resist- me . . . to preach a release to the captives As its name suggests, Patient Recognition ance against religious tyranny began. It is .. . to send the crushed ones away with a re- the day when the nation’s will became crys- lease.’’ Day is the time we set aside to applaud the The message of Jesus was a clear procla- tallized in the formation of the National Lib- great strides they have made and encourage mation of human destiny. ‘‘One can and eration Army of Iran. June 20th is rightly must rebel against bondage and slavery.’’ them to continue on their path to recovery. designated as the Day of Iranian Martyrs Mr. Speaker, I know my colleagues join with The revolt by Spartacus was doubtless and Political Prisoners, those shining stars rooted in the belief that slavery was not for- me in paying tribute to all the people who who pierced the night of oppression with make this Patient Recognition Day something ever and that freedom could ultimately be their enormous sacrifice to the cause of free- achieved. Spartacus and his fellows, how- special in my district. dom and popular sovereignty. ever, knew that for them, at least, freedom I also wish to pay tribute to the women the f was inconceivable, unless upon a cross. On world over who have striven for equality and the eve of the last battle, Spartacus cried: MARYAM RAJAVI CHALLENGES emancipation, and to salute the oppressed ‘‘My friends, we have come a long way to- ISLAMIC FUNDAMENTALISM women of my homeland, Iran from whose gether, longing to return to our land and live ranks tens of thousands have fallen in the free. But tomorrow, we have to fight again. struggle for freedom. Perhaps there is no place for us in this HON. JAMES A. TRAFICANT Please allow me to pay my special respects OF OHIO world. But one thing is certain. We are free!’’ to the memory of Ashraf Rajavi, a woman The next day, 6,000 slaves were crucified IN THE HOUSE OF REPRESENTATIVES and pioneer in our nation’s Resistance, who along the road from Rome to Capua. That Monday, July 22, 1996 endured much torture under the shah’s re- was the price of freedom. But the day came gime and was martyred in February 1982 by Mr. TRAFICANT. Mr. Speaker, I wish to when the thunderous voice of the oppressed Khomeini’s henchmen. [Ashraf was the wife resonated everywhere and put an end to the draw your attention to Iran, but not to the ugly of the Iranian Resistance leader Massoud age of slavery. Indeed, the pages of history image often cast by this country. I want to talk Rajavi] Before the eyes of other detainees in may abound in oppression, pain and blood, about the hope for democracy emerging from Evin prison, her murderers desecrated her but on the other side of every bitterness and Iran, about those who are resisting against the lifeless body and then slapped around her in- humiliation lies the sweetness and magnifi- ruling regime, about those striving to rescue fant son. Along with the other martyrs of cence of liberation. not only the people of Iran, but also the whole this struggle, she has an immortal place in There was a time when such tyrants as the history of our people. Hail to Ashraf and world, from the terrorist mullahs who have Attila, Genghis Khan and Hitler roamed the all standard-bearers and martyrs to the earth, but now, in the new age of global com- held us all hostage for too long. cause of freedom. munications and information, the inter- On Friday, June 21, a crowd of 25,000 peo- HISTORY-LONG OPPRESSION dependence of civilizations and the new rela- ple gathered in London for a program of Indeed, suffering and sacrifice are the price tionships among nations inhibit such roguish speeches and musical performances in cele- we have to pay to attain our freedom. This is aggression. History has never ceased to move bration of the 15th anniversary of this resist- the essence of the relentless tug-of-war on. By relentlessly challenging all obstacles ance movement against the mullahs. The key- which gives meaning to human existence. to liberty, humanity has liberated itself note speaker was the resistance's president- This is why the song of freedom has never from the fetters of antiquated social and po- elect, Maryam Rajavi. In remarks entitled been silenced by the tyranny of despots, and litical relationships, and charged forward. why the flaming range of the oppressed shall But one cry, and one cry alone, has re- ``Women, Voice of the Oppressed,'' Mrs. mained unanswered, stifled in the depths of Rajavi called for ``a world coalition against fun- overturn the foundations of oppression. Women are history’s first victims of op- history: It is the cry of ‘‘the slave of slaves,’’ damentalism.'' pression. Besides having to endure political the cry of women, the voice of those endur- The speakers and spectators were not lim- and socio-economic oppression, they must ing the ugliest of all oppressions. Gender op- ited to Iranians. A large number of British par- repent for the sin of being women. pression ran so deep that no one believed it liamentarians and dignitaries, various groups Yet half of the human beings on this plan- even existed. Gender oppression was not con- of European and Arab intellectuals, politicians, et are women, and inevitably gender oppres- sidered as oppression at all, rather as natu- ral for women. writers, artists and women's rights activists sion and the culture inherent to it directly were among the crowd. Marzich, the Grande affect and enchain the other half of the I am woman My bare feet Dame of Persian music, performed the ``Oper- human race as well, the men Hence, genuine freedom for the individual and society is ul- Pacing the parched earth etta in Solidarity,'' accompanied by the London timately attainable solely through the Since the First Day Festival Orchestra and an ensemble of tradi- emancipation of oppressed women. In other In search of a drop of water. . .. tional Iranian musicians. words, discrimination against women tran- Women were doubly enslaved once as all Associated Press Television reported that scends and affects all other domains of other slaves and oppressed people, those sub- Maryam Rajavi ``not surprisingly received a human existence. jugated and exploited in every age of history, E1340 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 and once as women. Yes, the footprint of women and little girls before firing squads turn, has a moral duty to confront and over- woman can be seen in all shackles of bond- without even establishing their identities? come this phenomenon. age, and the voice of the oppressed can be Or should I tell you the shocking stories of I again emphasize here that these heard in her smothered cries. young women who were crushed under vi- reactionaries who suppress the Iranian peo- Extracting the root of oppression from the cious tortures, raped and their blood drained ple, and particularly Iranian women, and ex- dusty pages of oblivion, Simone de Beauvoir on the eve of their execution, all in accord- port terrorism and fundamentalism under said: ‘‘All subjugated social classes did not ance with the mullahs’ official decrees? the cloak of religion, have nothing to do exist at some point. They came to exist I tell you that neither the people, nor his- with Islam. They are the peddlers of religion later. But women have always been there. tory nor God will ignore these atrocities. and exploit the name of Islam to advance They are women due to their physiological These criminals will be held accountable for their sinister, inhuman objectives. Islam is traits. But spontaneously, the very word destroying so much talent and potential. As the religion of peace, freedom, liberty, equal- ‘‘woman’’ has an insulting ring to it in a the Quran says [in condemning the burial ity, love, mercy and liberation. The mullahs’ man’s ears and produces in his mind a mix- alive of infant girl children]: ‘‘For what fundamentalist mindset, however, rests upon ture of sexual exploitation and humiliation.’’ crime she was killed?’’ vengeance, enmity and ignorance and is at The story of women is a tale of a latent op- Hail to these martyred heroines in chains, war with human values and world peace. pression woven into the depths of their lives who despite all the savagery, never surren- As we approach the end of the twentieth and very existence. The bonds that tie dered, but continued to resist for freedom century, fundamentalism’s brazen enmity to- women to their omnipresent oppressors are and liberation. They rushed headlong in ward human values and world peace has unique. Not even in their dreams do these search of freedom, guiding lights in the quest spilled onto issues of international concern. first slaves on the face of the earth reject for liberty. Indeed, as Ashraf Rajavi said: In 1993, during the International Conference and annihilate their masters. When they as- ‘‘The world has never known what the Ira- on Human Rights in Vienna, the Iranian re- sume that their bondage is eternal, the trag- nian people, and particularly the women of gime opposed the principle of the universal- edy is complete. my homeland, have gone through in these ity of human rights. In 1994, during the World Conference on Population Control in MISOGYNOUS MULLAHS years.’’ The head of the regime’s Judiciary, Mullah Cairo, it opposed women’s right to family But there exists an even more painful Yazdi, has officially proclaimed: ‘‘A woman planning. In 1995, during the World Con- story: the tragedy of women in my fettered needs her husband’s permission to leave her ference on Women in Beijing, it opposed the homeland, Iran, under the reign of the inhu- home, even to attend her father’s funeral’’ principle of equality between women and man mullahs, who not only consider woman Mullah Azari Qomi, one of the regime’s men. And in 1996, adamant in its pursuit of as eternally a slave, but also negate her hu- ideologues, says: ‘‘They Vali-e Faqih (the re- terrorism and enmity toward peace, it manity. Can one speak of women and the gime’s supreme leader) can forcibly marry rebuffed the Sharm Al-Sheikh summit. movement for equality without exposing the girls against their own and their fathers’ UNITED FRONT misogyny and barbarism of the fundamental- wishes.’’ The international community has failed to ists who rule Iran? Mullah Sadouqi, who was Khomeini’s rep- demonstrate enough sensitivity to the dan- About which aspect of this bitter, unbear- resentative in central Iran, once said during gers of appeasing the religious, terrorist dic- able tragedy should I tell you? Should I a meeting of the Assembly of Experts: ‘‘It tatorship ruling Iran. Hence, the mullahs speak of the hundreds of women who are as- would be a shame and an utter disgrace for still find opportunities to take advantage of saulted in the streets everyday? Or of those us to have a woman as president or prime such conciliation. Through terrorist black- arrested and lashed? Or of the respectable minister.’’ mail, they take the policies and even the women forced to sign confessions that they In their theological teachings, the mullahs moral principles of governments hostage. are prostitutes, just because of the color of try to justify their astronomical lies by Events in recent months confirm that the their dress or a lock of hair showing from be- stressing that three groups of people must be clerical regime always takes advantage of its neath their scarves? Or of the women ruth- lied to: Women, infidels and hypocrites diplomatic facilities to interfere in Middle lessly stoned to death? The inhuman mullahs’ most sinister sin, Eastern countries and engage in assassina- Or should I tell you the tragic story of however, is that they attribute their tions in the West. Two months ago, the nine-year-old girls, who, according to the misogynous atrocities and reactionary mullahs declared for the umpteenth time mullahs’ laws, must be wed? Or about the 12 stances to Islam. As the Quran warns, ‘‘Woe that the issue of the fatwa against British or 13-year-olds who are sold to 50 or 70-year- to those who write the book with their own Novelist Salman Rushdie can only be settled old men? Innocent children who wither away hands, and then say: This is from God. To by his murder. Faced with such a regime, de- under physical and psychological stress. Or traffic with it for a miserable price.’’ In cisiveness is the only policy. It is not only a should I speak of the many victims of self- truth, the mullahs perpetrate these atroc- moral and humanitarian obligation, but a immolation and other forms of suicide? ities and engage in demagoguery only to political and historical necessity as well. In early 1992, the state-controlled dailies maintain power. The future of democracy, development and wrote that in the impoverished regions in Iranian women have risen up against this peace on a global scale depends on such a northeastern Khorassan and southeastern monster, a monster which has emerged from policy. Sistan and Baluchistan, small children are the depths of the Dark Ages, whose very sur- Here, the issue of women and the move- sold for $60 to $70. In north Khorassan alone, vival depends on misogyny and gender apart- ment for equality join with the fight against 1,700 such girls had been abandoned. heid. This beast is not just the enemy of the fundamentalism. Not only are women the You have probably heard of the tragedy of Iranian people, it is at war with humanity. standard-bearers of the movement for equal- millions of girl carpet weavers in Iran, who ity, but they are also the driving force be- labor in damp, filthy workshops, where they GLOBAL THREAT hind development, peace and social justice. contract paralysis, tuberculosis and scores of From Tehran, the beating of theocracy, In this context, the documents of the World other diseases. These children weave the the octopus of fundamentalism has extended conference on women in Beijing unequivo- prime of their youth into the fabric of the its blood-drenched tentacles into Islamic cally underscore that, ‘‘Women’s carpets they make. states and Muslim societies around the empowerment and their full participation on Or should I tell of the multitude of women world. It is the main threat to global and re- the basis of equality in all spheres of society, office employees, teachers and workers who gional peace. Exploiting the religious beliefs including participation in the decision-mak- were expelled from their jobs simply because of more than one billion Muslims, the ing process and access to power, are fun- they were women? According to official sta- mullahs ruling Iran promote expansionism, damental for the achievement of equality, tistics by the national census bureau in 1986, while exporting crisis and discord. Their for- development and peace.’’ only nine percent of people with jobs were eign policy consists of meddling in the af- Yes, in my view, humanity will be rid of women. The situation has only gotten worse. fairs of Islamic countries, issuing fatwas to the foreboding specter of fundamentalism Or should I recount the untold tales of suf- murder foreign nationals and launching ter- only when women take on their leading role fering of the millions of homeless widows rorist operations abroad. Other aspects of in this global challenge, and use every demo- and orphans, women and children who fell this policy include spending huge sums on cratic means to block appeasement of the victim to the unpatriotic war? Shall I speak armaments of all kinds, especially weapons misogynous, inhuman mullahs of Iran. This of the pain of homelessness, slander and hu- of mass destruction such as biological, chem- is particularly the case because the issue of miliation, the pressures of destitution, rape ical and nuclear weapons. fundamentalism is at one and the same time and suppression? Such a foreign policy is inherent to the the key political problem confronting Is- Or should I tell you about the epic resist- fundamentalists’ nature. The theocracy rul- lamic nations, and the most critical foreign ance of tens of thousands of women who were ing Iran thrives on crisis. It is hostile to the policy problem facing many other countries. savagely tortured or executed for their defi- most important global peace initiative in Allow me, therefore, to call upon my sis- ance of the ruthless, despotic theocracy and the Middle East, and its policies and actions ters, women throughout the world, to arise for joining the ranks of the Resistance for only nourish warmongering extremists and and form a world coalition against fun- freedom? fundamentalists. damentalism. Such a coalition would com- Or should I tell of the brutality and cru- These realities demonstrate how the omi- prise all humanitarian, progressive women elty of the clerical regime’s executioners, nous specter of religious fascism haunts and men, who will doubtless rush to the as- who sent elderly grandmothers, pregnant global peace. The world community, for its sistance of Iranian women, the prime victims July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1341 of the Mullahs’ oppression. A common front sistance, is comprised entirely of women. human beings; that they were not created for against fundamentalism serves the interests Women also command and manage at dif- men and not identified with them; that they of global peace, and will preclude a repeat of ferent levels in the combat, technical and were no one’s possession; that they owned the bitter experience of appeasing fascism on specialized units of the army, in the move- their own body, life and emotions. They the eve of the Second World War. ment’s political structure and in organiza- overcame the world of ‘‘the weaker sex,’’ a I wish to underscore here that women’s tional affairs. Under their directorship, the world of subordination and irresponsibility, leading role in the fight against fundamen- male-female division of labor has become a and were reborn in their true human image. talism doubly serves the movement for thing of the past. The first signs of this birth were the new equality and the effort to uproot sexual dis- WOMEN’S EMANCIPATION relationships among women. They realized that they first had to like the women around crimination. The only way to propel that But how did we manage such achieve- them, if they were to act in solidarity with movement forward is to link it with a pro- ments? one another and accept each other’s com- gressive political movement. If women have Twelve years ago, locked in a life-or-death mand. no share in political power; if they are not struggle against the rule of the mullahs, the It is perhaps appropriate for me to speak, part of the leadership and the decision-mak- Resistance movement realized that women ing processes on social issues; if they do not beyond the many new values that blossomed must take on greater responsibilities. At in the revolution in our thinking, about the have a serious, equal role in economic man- that juncture, our women played a promi- role of these women in maintaining a agement, and if they are not actively and nent role in the fight against the clerical re- healthy relationship between women and visibly involved in international politics, all gime, but one thing was blocking the gates men. It was only in this way that a mixed the talk about equality between women and to change: doubts about women’s capabili- army in which the relationships among peo- men rings hollow. Real equality only comes ties. ple were pure and the combat capability about when women take on key roles in In the story of women’s liberation, tragedy enormous, took shape, arousing the admira- tackling the primary challenges of the day. and heroism are often ironically entwined. tion of many observers. WOMEN LEAD THE WAY This is my constant feeling in my dealings And finally, one of our greatest achieve- In order to overturn the system of gender with the women’s struggle. See for yourself ments was that our women’s emancipation discrimination and bring about fundamental how well-entrenched male-dominated think- immediately affected the liberation of our change, women must predominate political ing is, in the roots and veins of society and men, and improved their capabilities. Those culture. leadership for a specific period of time. The men who rushed to welcome this change, de- Within our organization, which was fight- objective of such a predominant role in lead- spite its hardships, were proud to forge ing against the mullahs, all the heroism of ership is to guarantee equality and uproot ahead in the path to equality. women and the sacrifice of tens of thousands Needless to say, in the world of discrimina- sexual oppression, not to replace patriarchy of women martyrs were still not enough to with matriarchy. Thus, all the prerequisites tion, men, too, are enchained and enslaved make us believe in their equality, to break by a domineering and authoritarian attitude. and consequences are liberating in their es- the barriers of sexual oppression and dis- sence. Once the oppression has been eradi- Truly, to deny the humanity of those human crimination. I sometimes thought to myself, beings closest to him—his mother, sister and cated, the energies thus set free will break what else must women do to make others be- through the impasses currently confronting wife—must not a man first negate his own lieve in them? How is it that these women humanity? How else can a human being ac- human society and will help to establish a defeat the executioners in prisons with their new system of human relations, both within cept such oppression with a clear conscience? bare hands, but cannot come to grips with We have seen a generation of men regain a community and on a global scale. political concepts and lack the necessary re- Now, in the great era of women’s emanci- their lost human identity in the movement solve to manage our affairs? Had this will to reject gender oppression, men who dis- pation, the victims of centuries of the most and these emotions been created for women dreadful historical oppression will echo the played the ultimate form of freedom and only to offer comfort to their husbands at emancipation by accepting the leadership of voices of all oppressed peoples. Today, the home? I found that hard to believe. voice of women is indeed the voice of the op- women. Most tragically, these same women did not Yes, we have witnessed the birth of a gen- pressed, those whose cries reach no one; the see themselves as sources of admirable hero- eration of liberated women and men, shining voice of the children denied all rights and ism and lacked the will to change. After all, beacons in an auspicious transformation of means to grow; the voice of the poor and des- women had historically brought about many human relationships. This transformation titute, who moan not just for lack of bread, wondrous achievements; the crux of the mat- came about through the leadership of but for lack of compassion. ter was their lack of faith in themselves. Massoud Rajavi. Because of it, our genera- Now it is the turn of women to rebel hence the need to rebel against such mis- tion and our Resistance movement were against all forms of oppression, to rise and givings. thrust forward on the road of human evo- end gender-based oppression and inequality, It was then that we reached the conclusion lution and advancement. Of course, this gen- to unite women and men in their true human that gradual change would prove useless, eration, under this leadership, was tempered identity. They must rebel and give a new that the missing element and the real solu- in an all-out anti-fundamentalist resistance. lease of life to human society, rise and top- tion to break this mindset was women’s par- Its most important trait has been that in the ple the pillars of all oppression, tear asunder ticipation in leadership. political arena, it submitted to no com- the status quo and chart a new course. Indeed, in our confrontation with the rul- promise with the fundamentalists. This was ing reactionaries, we needed to rid ourselves RESISTANCE’S EXPERIENCE a generation that arose on June 20th, 1981, to of the residue of their thinking and values. Ladies and gentlemen, protest the suppression of liberties. In never Inevitably, we had to crush the heart of the Please allow me to speak of the achieve- relenting, despite 100,000 martyrs, it dem- reactionary misogyny which negates wom- ments of the women in the Iranian Resist- onstrated that it will not stop until it en’s human identity and ability to lead the ance, achievements which in reality belong achieves—at whatever cost—the Iranian peo- society. In this way women could break to all women in the movement for equality. ple’s fundamental rights, namely, freedom through the barriers of historical degrada- To enhance our gains, we look to our sisters’ and national and popular sovereignty. ideas and experiences the world over. tion and oppression embedded within their This generation crushed the mullahs’ dem- After a century of active participation in own thinking, and believe in themselves. It agoguery about the war and obstructed the the social struggle, Iranian women came face was also necessary to convince the men that export of fundamentalism by campaigning to face with the onslaught of religious, ter- they need no longer question the capabilities relentlessly for peace in and out of Iran. rorist dictatorship, namely the fundamental- of the women who had fought alongside them This generation broke the spell of the in- ists ruling Iran. As the reactionary beast on all the battlefields of the struggle for human mullahs’ posturing about religion awakened, the mounting difficulties had freedom. Once these changes had overturned through sacrifice and selflessness. It charted only one message for our women: all-out re- the mindset of all the Mojahedin in the form a resistance that has today emerged as the sistance Capitulation and submission were of an internal revolution, our women broke democratic, progressive and popular answer impossible. women took part in the political the spell of self-doubt. Not merely as iso- to fundamentalism, and is recognized as the struggle and rose up to resist the lated examples, but as a generation of eman- antithesis of fundamentalism. reactionaries and defend democratic free- cipated women, they ably assumed key lead- Along this path, the Mojahedin and com- doms. Now, they convey the cries of an en- ership responsibilities. batants of Iran’s freedom had to forsake ev- chained and oppressed, yet proud and resist- NEW VALUES erything to guarantee the liberation of their ant, nation. The most outstanding characteristics of beloved people and homeland. They had to After 15 years of struggle against the these women were their sense of responsibil- cleanse themselves of all the pollutants of reactionaries, these pioneering women oc- ity, their willingness to learn, their commit- the ruling reactionaries’ mindset. They had cupy key positions as leaders of the Resist- ment to discipline, their impressive decisive- to arise and eradicate concepts based upon ance movement. Fifty-two percent of the Re- ness, and most important of all, the selfless gender discrimination, and ensure women’s sistance’s parliament are women. The Gen- devotion which emanated from their human emancipation and acceptance of responsibil- eral Command of the National Liberation qualities. These traits also had a construc- ity. Army of Iran is made up essentially of tive impact on the work place. CRUCIAL STEPS women, and the Leadership Council of the These women had learned to believe in Permit me in this brief opportunity to Mojahedin, the pivotal force within the Re- themselves; that they were free and equal mention the most important points learned E1342 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 from our experience, as time limitations 1. Women’s social, political and economic ored them with a brilliant courage, serious- make it impossible to discuss our accom- rights will be completely equal with men’s; ness, love of life and hope of construction. plishments in any depth. 2. Women will enjoy the right to free polit- The women of Iran have defied the First, to begin the process towards eradi- ical and social activity, social intercourse mullahs’ humiliation and proudly challenged cating relationships based on gender oppres- and travel without the permission of another the guardians of inequality. sion, women must enter the field of political person. Women and mothers forsook their mar- and social activity. 3. Women’s associations will be recognized riages for the freedom of their people and Second, to this end, women must occupy and their voluntary organizations supported country, and bid farewell for an indefinite positions of political and social leadership. nationwide; period to their beloved children. Within the movement for equality itself, at 4. In order to eradicate inequality and dual least 50% of key positions of responsibility Women undertook the heaviest and most oppression, special privileges in various so- complex responsibilities in the battle must be held by women. Through a policy of cial, administrative and cultural arenas will positive discrimination for a certain period against the misogynous and inhuman fun- be considered. damentalists. of time, women’s historical deprivation must 5. Women will have the right to elect and be compensated for. Accordingly, a system of be elected in all elections, and the right to HISTORIC MANDATE quotas is needed, that favors ever greater as- suffrage in all referendums; My sisters, you women who have rebelled sumption by women of social responsibil- 6. Women will have the right to employ- ities. The spirit, essence and hallmark of against inequality. ment and freedom of choice of profession, such privileges are a greater sense of respon- My brothers, you men who chose to follow the right to hold any public or government sibility by women and men and an end to ex- your conscience rather than opt for the spe- position, and the right to serve as judges in ploitation and sexual oppression. cial privileges of male domination. all judicial bodies; Third, women’s emancipation is a pre- I call upon you to come to the aid of our 7. Discrimination between women and men requisite to the liberation of men, and must Resistance movement against the most evil in hiring and during employment is banned. lead to it. Solutions which aim only to swap religious tyranny in history. I ask you to Women and men will receive equal pay for the places of women and men will only result rise up and join hands to form a global coali- equal work. They will receive identical re- in the latter’s destruction, aggravating the tion and a front against fundamentalism. tirement pensions, disability payments, chil- alienation of the sexes and the conflicts be- The misogynous, inhuman mullahs are in- dren support and alimony and unemploy- tween them. Obviously, that will not bring tent on destroying the rights and freedoms ment insurance; about women’s emancipation either. On the of women and trampling upon their human 8. Women will have the right to use, with- other hand, there is nothing unrealistic dignity in order to bolster the pillars of their out discrimination, all instructional, edu- about creating a new set of human relation- regime. But I say to these mullahs, you are cational athletic and artistic resources, and ships and equality between the two sexes, gravely mistaken. The world will bear wit- will have the right to participate in all com- given their monistic human essence. ness when you become an example for those petitions and artistic activities; Fourth, contrary to the misogynous who ponder enslaving, suppressing and be- 9. Women will be completely free to choose reactionaries, we must underscore the prin- guiling the people. ciple that women’s rights are human rights. their clothing and covering; And I say, if you think that you can get These encompass all individual and social 10. Women will be completely free to what you want because the yearning to live rights stipulated in the Universal Declara- choose their spouses, to marry and divorce, freely and think freely has died in the world, tion of Human Rights. On this basis, a wom- and will enjoy the same rights as men; you are gravely mistaken. You have done an’s body and emotions are her own, and she 11. Legal inequalities regarding testimony, your utmost to humiliate, suppress, torture has the right to birth control. inheritance, and guardianship of children Fifth, the conflicts between the family and will be eliminated. During pregnancy, child and slaughter Iranian women, but rest as- social and political responsibilities are com- birth and child rearing, women will enjoy sured that you will receive the blow from the mon, erosive problems for all women. We be- special rights and accommodations. Widowed very force you discounted, the very force lieve that it is the right of all women, par- or divorced women and the children under whom your reactionary mindset cannot ticularly combatant women and those who their care will be supported by the country’s allow you to take into consideration. The struggle in the movement for equality, to social welfare system; era of demagoguery and deceit under the cloak of religion has ended. choose freely. This right must be fully recog- 12. Any sexual exploitation of women, nized, so that they can, whenever necessary, under whatever pretext, is banned. Any coer- On the eve of the 21st century, enlighten choose to give priority and precedence to po- cion or imposition on women in family life, people the world over, the proud Resistance litical and social responsibilities. as well as marriage before legal age, is for- of Iranian people and the combatants of free- WOMEN AND THE FUTURE bidden. dom will not allow you to abuse religion. Women’s participation in the resistance 13. Polygamy is banned; In closing, and in again calling upon all my movement prepares the cultural and ideo- 14. Employment of minor girl children is sisters—here, across Iran and gathered in logical grounds to eradicate sexual oppres- banned, and they will enjoy special edu- other countries—I wish to stress; sion. Such active participation, albeit dif- cational privileges. The women of the past, who endured a his- ficult and abound in sacrifice, gives credence Ladies and gentleman, dear compatriots, tory of torment and oppression, and the to the equality of Iranian women and the what I have enumerated are the natural ex- women, children and men of the future, recognition of their rights. In contrast to pectations of women. They are rights that today turn their eyes to you. They ask you Khomeini, who never recognized women’s for centuries have been ignored and denied, to rise to the occasion and assume your his- minimum rights, Iranian women’s rights and as the women trying to attain them have toric role. It is you who will propel human freedoms are unequivocally and specifically been suppressed. They are the common de- history into the golden age of equality, recognized in the platform of the National mands of our sisters around the world. peace, democracy and development. Council of Resistance and the provisional My homeland, however, tells a different Hail to all free-thinking women and men government, as well as in a specific declara- story, because: everywhere, who are paying the high price of tion ratified by the NCR on the freedoms and The mighty resistance of Iranian women liberty. Victory lies before you, belongs to rights of women. and the pain and blood of tens of thousands you and awaits you. Indeed, the oppressed of Accordingly, I reaffirm the recognized of martyred and tortured women have given today are the victors of tomorrow. Their rights of women in the Iran of tomorrow. new meaning to these words, and have col- voice will resonate throughout eternity. July 22, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1343 SENATE COMMITTEE MEETINGS Act Amendments, S. 1972, the Older application of new genetic tech- Title IV of Senate Resolution 4, Americans Indian Technical Amend- nologies. ments Act, and S. 1973, the Navajo/Hopi agreed to by the Senate on February 4, SD–430 Land Dispute Settlement Act. 10:00 a.m. 1977, calls for establishment of a sys- SR–485 Banking, Housing, and Urban Affairs tem for a computerized schedule of all Select on Intelligence To hold hearings to review the General meetings and hearings of Senate com- To hold hearings on the status of the Accounting Office (GAO) report on the mittees, subcommittees, joint commit- Dayton Peace Accord. Federal Reserve System. tees, and committees of conference. SH–216 SD–538 10:00 a.m. This title requires all such committees Governmental Affairs Banking, Housing, and Urban Affairs to notify the Office of the Senate Daily To hold hearings on S. 1794, to provide Financial Institutions and Regulatory Re- Digest—designated by the Rules Com- for the forfeiture of retirement benefits lief Subcommittee mittee—of the time, place, and purpose To hold hearings to examine the condi- in the case of any Member of Congress, of the meetings, when scheduled, and tion of consumer credit, focusing on congressional employee, or Federal jus- any cancellations or changes in the the risks of deteriorating credit qual- tice or judge who is convicted of an of- meetings as they occur. ity on financial institutions and the fense relating to official duties of that As an additional procedure along economy. individual, and for the forfeiture of the with the computerization of this infor- SD–538 retirement allowance of the President mation, the Office of the Senate Daily Governmental Affairs for such a conviction. Digest will prepare this information for Financial Management and Accountability SD–342 Subcommittee Judiciary printing in the Extensions of Remarks To hold hearings on S. 1434, to amend the Business meeting, to consider pending section of the CONGRESSIONAL RECORD Congressional Budget Act of 1974 to calendar business. on Monday and Wednesday of each provide for a two-year (biennial) budg- SD–226 week. eting cycle. Meetings scheduled for Tuesday, July SD–342 JULY 29 Veterans’ Affairs 23, 1996, may be found in the Daily Di- 2:00 p.m. Business meeting, to mark up S. 1791, to gest of today’s RECORD. NATIONAL COMMISSION ON RESTRUC- increase, effective as of December 1, MEETINGS SCHEDULED 1996, the rates of disability compensa- TURING THE INTERNAL REVENUE tion for veterans with service-con- SERVICE JULY 24 nected disabilities and the rates of de- To hold a closed executive session. SD–192 9:30 a.m. pendency and indemnity compensation Agriculture, Nutrition, and Forestry for survivors of such veterans, and JULY 30 Business meeting, to mark up S. 1166, to other pending committee business. enhance public confidence in the safety SR–418 9:30 a.m. of the American food supply, and facili- 10:30 a.m. Energy and Natural Resources tate the development and adoption of Foreign Relations Forests and Public Land Management Sub- safe, effective pest control tech- Business meeting, to consider pending committee nologies. calendar business. To hold oversight hearings to examine SR–328A SD–419 the conditions that have made the na- Commerce, Science, and Transportation tional forests in Arizona susceptible to Science, Technology, and Space Sub- JULY 25 fires and disease. committee 9:30 a.m. SD–366 To hold oversight hearings on the Na- Commerce, Science, and Transportation Special on Aging tional Oceanic and Atmospheric To resume hearings on S. 1726, to pro- To hold hearings to examine incidents of Admistration’s (NASA) space station mote electronic commerce by facilitat- suicide among the elderly. and space shuttle programs. ing the use of privacy-enhancing tech- SD–628 SR–253 nologies. 2:00 p.m. Environment and Public Works SR–253 Judiciary Business meeting, to consider pending Energy and Natural Resources Constitution, Federalism, and Property calendar business; to be followed by a Parks, Historic Preservation and Recre- Rights Subcommittee hearing on the nominations of Nils J. ation Subcommittee Business meeting, to mark up S.J.Res. 8, Diaz, of Florida, and Edward To hold hearings on S. 1699, to establish proposing an amendment to the Con- McGaffigan, Jr., of Virginia, each to be the National Cave and Karst Research stitution of the United States to pro- a Member of the Nuclear Regulatory Institute in the State of New Mexico, hibit retroactive increases in taxes, Commission. and S. 1809, entitled the ‘‘Aleutian SD–406 World War II National Historic Areas and proposed legislation authorizing Labor and Human Resources Act’’. funds for the United States Commis- Business meeting, to mark up S. 1490, to SD–366 sion on Civil Rights. improve enforcement of Title I of the Governmental Affairs SD–226 Employee Retirement Income Security Business meeting, to consider the nomi- Act of 1974 and benefit security for par- nation of Franklin D. Raines, of the JULY 31 ticipants by adding certain provisions District of Columbia, to be Director, 10:00 a.m. with respect to the auditing of em- Office of Management and Budget, and Judiciary ployee benefit plans. to mark up S. 1376, to terminate unnec- To hold hearings to examine competition SD–430 essary and inequitable Federal cor- in the telecommunications industry. Rules and Administration porate subsidies, S. 1931, to provide SD–226 To resume hearings to examine the role that the United States Post Office of the Federal Depository Library Pro- building that is to be located at 9 East AUGUST 1 gram of the Government Printing Of- Broad Street, Cookeville, Tennessee, 10:00 a.m. fice in ensuring public access to Gov- shall be known and designated as the Foreign Relations ernment information. ‘‘L. Clure Morton Post Office and To hold hearings to review foreign policy SR–301 Courthouse’’, and S. 1629, to protect the Indian Affairs rights of the States and the people issues. Business meeting, to mark up S. 199, from abuse by the Federal Govern- SD–419 Trading with Indian Act Repeal, S. ment, to strengthen the partnership Judiciary 1893, the Torres-Martinez Desert and the intergovernmental relationship Business meeting, to consider pending Cahuilla Indians Claims Settlement between State and Federal govern- calendar business. Act, S. 1962, the Indian Child Welfare ments, and to enforce the Tenth SD–226 Act Amendments, H.R. 2464, to add ad- Amendment to the U.S. Constitution. 2:00 p.m. ditional land to the Goshute Indian SD–342 Energy and Natural Resources Reservation in Utah, H.R. 3068, to re- Labor and Human Resources To hold oversight hearings on the imple- voke the Charter of the Prairie Island To hold hearings to examine recent de- mentation of Section 2001, Emergency Indian Community, S. 1970, the Na- velopments in genetics research and Timber Salvage, of Public Law 104–19. tional Museum of the American Indian public policy issues surrounding the SD–366 E1344 CONGRESSIONAL RECORD — Extensions of Remarks July 22, 1996 SEPTEMBER 5 Kansas and Nebraska, S. 1719, Texas POSTPONEMENTS 2:00 p.m. Reclamation Projects Indebtedness Purchase Act, and S. 1921, to transfer Energy and Natural Resources JULY 23 Forests and Public Land Management Sub- certain facilities at the Minidoka 9:30 a.m. committee project to Burley Irrigation District. To hold hearings on S. 931, to authorize SD–366 Energy and Natural Resources the construction of the Lewis and To hold hearings on S. 1678, to abolish Clark Rural Water System and to au- SEPTEMBER 17 the Department of Energy. thorize assistance to the Lewis and 9:30 a.m. SD–366 Clark Rural Water System, Inc., a non- Veterans’ Affairs profit corporation, for the planning and To hold joint hearings with the House JULY 25 construction of the water supply sys- Committee on Veterans’ Affairs to re- 10:00 a.m. tem, S. 1564, to authorize the Secretary view the legislative recommendations Judiciary of the Interior to provide loan guaran- of the American Legion. To hold hearings on S. 1961, to establish tees for water supply, conservation, 334 Cannon Building the United States Intellectual Prop- quality and transmission projects, S. erty Organization, and to amend the 1565, to supplement the Small Rec- CANCELLATIONS provisions of title 35, United States lamation Projects Act of 1956 and to Code, relating to procedures for patent supplement the Federal Reclamation applications, commercial use of pat- laws by providing for Federal coopera- JULY 23 ents, reexamination reform. tion in non-Federal projects and for 9:30 a.m. participation by non-Federal agencies Select on Intelligence SD–226 in Federal projects, S. 1649, to extend To hold hearings on the status of the contracts between the Bureau of Rec- Dayton Peace Accord. lamation and irrigation districts in SH–216 Monday, July 22, 1996 Daily Digest Senate chose proprietary as well as non-profit or govern- Chamber Action ment agencies to care for children in foster care. Routine Proceedings, pages S8395–S8492 Page S8420 Measures Introduced: Four bills were introduced as Exon (for Kerrey) Amendment No. 4954, to pro- follows: S. 1978–1981. Page S8468 vide for community steering committees demonstra- Measures Reported: Reports were made as follows: tion projects. Page S8420 S. 1839, to authorize appropriations for fiscal year Domenici (for Nickles) Amendment No. 4957, to 1997 to the National Aeronautics and Space Admin- modify the remittance requirement from 5 to 7 days istration for human space flight; science, aeronautics, for child support enforcement payments. Page S8423 and technology; mission support; and Inspector Gen- Pending: eral (Rept. No. 104–327). Faircloth Amendment No. 4905, to prohibit re- S. 1734, to prohibit false statements to Congress, cruitment activities in SSI outreach programs, dem- to clarify congressional authority to obtain truthful onstration projects, and other administrative activi- testimony, with an amendment in the nature of a ties. Page S8395 substitute. Page S8468 A motion to waive the Congressional Budget Act with respect to consideration of Amendment No. Budget Reconciliation: Senate continued consider- 4905, listed above. ation of S. 1956, to provide for reconciliation pursu- Harkin Amendment No. 4916, to strike section ant to section 202(a) of the concurrent resolution on 1253, relating to child nutrition requirements. the budget for fiscal year 1997, taking action on Page S8395 amendments proposed thereto, as follows: D’Amato Amendment No. 4927, to require wel- Pages S8395±S8426, S8451±54 fare recipients to participate in gainful community Adopted: service. Page S8395 Conrad Amendment No. 4945, to expand State Exon (for Simon) Amendment No. 4928, to in- flexibility in order to encourage food stamp recipi- crease the number of adults and to extend the period ents to look for work and to prevent hardship. of time in which educational training activities may Pages S8407±09 be counted as work. Page S8395 Domenici (for Lieberman) Amendment No. 4946, Feinstein/Boxer Amendment No. 4929, to provide to add provisions to reduce the incidence of statutory that the ban on supplemental security income bene- rape. Pages S8409±10 fits apply to those aliens entering the country on or Domenici (for Lieberman) Amendment No. 4947, after the enactment of this bill. Page S8395 to require States which receive grants under title XX A motion to waive the Congressional Budget Act of the Social Security Act to dedicate 1 percent of with respect to consideration of Amendment No. such grants to programs and services for minors. 4929, listed above. Page S8410 Dorgan (for Daschle) Amendment No. 4949, to Chafee Amendment No. 4931, to maintain cur- exempt certain individuals living in areas of low rent eligibility standards for Medicaid and provide labor market participation from the 5-year limitation additional State flexibility. Page S8395 Roth Amendment No. 4932 (to Amendment No. on assistance. Page S8414 Domenici (for Roth) Amendment No. 4951, to 4931), to maintain the eligibility for Medicaid for any individual who is receiving Medicaid based on make technical corrections. Page S8416 Exon (for Breaux) Amendment No. 4953, to allow their receipt of AFDC, foster care or adoption assist- States to chose the most appropriate agency to assist ance, and to provide transitional Medicaid for fami- abused and neglected children, by enabling them to lies moving from welfare to work. Page S8395

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VerDate 03-JUL-96 13:15 Jul 23, 1996 Jkt 029061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\CRI\D22JY6.REC pfrm01 D782 CONGRESSIONAL RECORD — DAILY DIGEST July 22, 1996 Chafee Amendment No. 4933 (to Amendment attaining a secondary school diploma or its recog- No. 4931), to maintain current eligibility standards nized equivalent. Pages S8406±07 for Medicaid and provide additional State flexibility. Dorgan Amendment No. 4948, to strike provi- Page S8395 sions relating to the Indian child care set aside. Conrad Amendment No. 4934, to eliminate the Pages S8410, S8414±15 State food assistance block grant. Page S8415 Ford (for Murray) Amendment No. 4950, to Santorum (for Gramm) Amendment No. 4935, to strike section 1206, relating to the summer food deny welfare benefits to individuals convicted of ille- service program for children. Pages S8415±16 gal drug possession, use or distribution. Graham Amendment No. 4952, to strike addi- Pages S8420±21 tional penalties for consecutive failure to satisfy min- A motion to waive the Congressional Budget Act imum participation rates. Pages S8416±19 with respect to consideration of Amendment No. Exon (for Kennedy) Amendment No. 4955, to 4935, listed above. Pages S8420±21 permit assistance to be provided to needy or disabled Graham Amendment No. 4936, to modify the legal immigrant children when sponsors cannot pro- formula for determining a State family assistance vide reimbursement. Pages S8421±22 grant to include the number of children in poverty A motion to waive the Congressional Budget Act residing in a State. Pages S8410±14 with respect to consideration of Amendment No. Helms Amendment No. 4930, to strengthen food 4955, listed above. Page S8422 stamp work requirements. Page S8395 Exon (for Kennedy) Amendment No. 4956, to Graham (for Simon) Amendment No. 4938, to allow a 2-year implementation period under the preserve eligibility of immigrants for programs of Medicaid program for implementation of the attribu- student assistance under the Public Health Service tion of sponsor’s income and the 5-year ban. Act. Page S8395 Pages S8422±23 Shelby Amendment No. 4939, to provide a re- A motion to waive the Congressional Budget Act fundable credit for adoption expenses and to exclude with respect to consideration of Amendment No. from gross income employee and military adoption 4956, listed above. Page S8423 assistance benefits and withdrawals from IRA’s for Several motions to waive the Congressional Budg- certain adoption expenses. Page S8395 et Act with respect to consideration of all sections A motion to waive the Congressional Budget Act upon which points of order were raised as being in with respect to consideration of Amendment No. violation of sections 313(b)(1)(A), 313(b)(1)(C), and 4939, listed above. 313(b)(1)(D) of the Congressional Budget Act of Ford Amendment No. 4940, to allow States the 1974. Pages S8423±24 option to provide non-cash assistance to children By prior consent agreement, votes on the bill and after the 5-year time limit, as provided in conference amendments and motions pending thereto will occur report number 104–430 to H.R. 4, (Family Self-Suf- on Tuesday, July 23, 1996. ficiency Act). Pages S8396±S8401 Agriculture Appropriations, 1997: Senate began Ashcroft Amendment No. 4941, to set a time consideration of H.R. 3603, making appropriations limit of 24 consecutive months for TANF assistance for Agriculture, Rural Development, Food and Drug and allows States to sanction recipients if minors do Administration, and Related Agencies programs for not attend school. Pages S8402±07 the fiscal year ending September 30, 1997, agreeing Ashcroft Amendment No. 4942 (to Amendment to committee amendments, and taking action on No. 4941), to provide that a family may not receive amendments proposed thereto, as follows: TANF assistance for more than 24 consecutive Pages S8426±51, S8454±65, S8491 months at a time unless an adult in the family is Adopted: working or a State exempts an adult in the family Cochran Amendment No. 4958, to transfer from working for reasons of hardship. Page S8406 $50,000 from the Cooperative State Research, Edu- Ashcroft Amendment No. 4943 (to Amendment cation, and Extension Service research and education No. 4941), to provide that a State may sanction a activities to cooperative extension activities. family’s TANF assistance if the family includes an Page S8438 adult who fails to ensure that their minor dependent Cochran Amendment No. 4972, to make technical children attend school. Page S8406 corrections. Page S8456 Ashcroft Amendment No. 4944 (to Amendment Cochran (for Stevens) Amendment No. 4973, to No. 4941), to provide that a State may sanction a provide funds for rural water and waste disposal sys- family’s TANF assistance if the family includes an tems as authorized by Sec. 757 of P.L. 104–127. adult who does not have, or is not working toward Page S8456

VerDate 03-JUL-96 13:15 Jul 23, 1996 Jkt 029061 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\CRI\D22JY6.REC pfrm01 July 22, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D783 Cochran (for Jeffords) Amendment No. 4974, to Kerrey Amendment No. 4979, to provide funds establish a joint FSIS/APHIS National Farm Animal for risk management. Pages S8463±64 Identification Pilot Program for dairy cows. Kerrey Amendment No. 4980, to provide the Sec- Page S8456 retary of Agriculture temporary authority for the use Bumpers/Kohl Amendment No. 4975, to modify of voluntary separation incentives to assist in reduc- restrictions to the Wetlands Reserve Program. ing employment levels. Page S8464 Page S8456 Senate will resume consideration of the bill on Bumpers (for Kohl) Amendment No. 4976, to in- Tuesday, July 23, 1996, with votes on certain of the crease funding for certain agricultural research activi- pending amendments to occur thereon. ties. Pages S8456±57 Nomination Confirmed: Senate confirmed the fol- Cochran (for Pressler) Amendment No. 4981, to lowing nomination: improve the issuance of warehouse receipts. Edmund A. Sargus, Jr., of Ohio, to be United Pages S8464±65 States District Judge for the Southern District of Cochran (for Inhofe) Amendment No. 4982, to Ohio. Pages S8490, S8492 convey the National Agricultural Water Quality Laboratory to the city of Durant, Oklahoma. Messages From the President: Senate received the following messages from the President of the United Pages S8464±65 Cochran (for Murkowski) Amendment No. 4983, States: to reconcile seafood inspection requirements for agri- Transmitting a report of proposed amendments to cultural commodity programs with those in use for fiscal year 1997 appropriations requests; referred to the Committee on Appropriations. (PM–162). general public consumers. Page S8465 Page S8466 Pending: Transmitting the report concerning the national Gregg Amendment No. 4959, to prohibit the use emergency with respect to Libya; referred to the of funds to make loans to large processors of sugar- Committee on Banking, Housing, and Urban Affairs. cane and sugar beets, who has an annual revenue (PM–163). Pages S8466±67 that exceeds $10 million, unless the loans require the processors to repay the full amount of the loans, Messages From the President: Pages S8466±67 plus interest. Pages S8440±46, S8448±51 Messages From the House: Page S8467 McCain Amendment No. 4968, to reduce funds Communications: Pages S8467±68 for the Agricultural Research Service. Pages S8446±49 Gregg Amendment No. 4969 (to Amendment Statements on Introduced Bills: Pages S8468±77 No. 4959), to prohibit the use of funds to make Additional Cosponsors: Pages S8477±78 loans to large processors of sugarcane and sugar Amendments Submitted: Pages S8478±89 beets, who has an annual revenue that exceeds $15 million, unless the loans require the processors to Additional Statements: Pages S8489±90 repay the full amount of the loans, plus interest. Adjournment: Senate convened at 10 a.m., and ad- Page S8448 journed at 6:52 p.m., until 9:30 a.m., on Tuesday, Bryan Amendment No. 4977, to establish funding July 23, 1996. (For Senate’s program, see the re- limitations for the market access program. marks of the Acting Majority Leader in today’s Pages S8458±62 Record on pages S8490–91.) Kerrey Amendment No. 4978, to increase funding for the Grain Inspection, Packers and Stockyards Ad- Committee Meetings ministration and the Food Safety and Inspection Service. Pages S8463, S8491 No committee meetings were held. h House of Representatives Reports Filed: Reports were filed as follows: Chamber Action H.R. 740, to confer jurisdiction on the United Bills Introduced: 5 public bills, H.R. 3862–3866; States Court of Federal Claims with respect to land and 3 resolutions, H. Res. 485–487 were introduced. claims of Pueblo of Isleta Indian Tribe (H. Rept. Page H8094 104–694); and

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H.R. 3592, to provide for conservation and devel- against the revenues of said District for the fiscal opment of water and related resources, to authorize year ending September 30, 1997. Pages H8053±73 the Secretary of the Army to construct various Agreed to: projects for improvements to rivers and harbors of The Traficant amendment that expresses the sense the United States, amended (H. Rept. 104–695). of Congress that entities expending funds comply Page H8094 with the Buy America Act, purchase American-made Speaker Pro Tempore: Read a letter from the equipment and products to the greatest practicable Speaker wherein he designates Representative Petri extent, and further prohibits contracts with persons to act as Speaker pro tempore for today. Page H8033 falsely labeling products as made in America. Page H8067 Recess: House recessed at 10:37 a.m. and recon- Rejected: vened at 12 p.m. Page H8034 The Norton amendment that sought to restrict Presidential Message—National Emergency re Federal funds, but not District of Columbia funds, Libya: Read a message from the President wherein from being used for abortion (rejected by a recorded he transmits his report concerning the national vote of 176 ayes to 223 noes, Roll No. 332; and emergency with respect to Libya—referred to the Pages H8061±64, H8071 Committee on International Relations and ordered The Gutknecht amendment that sought to apply printed (H. Doc. 104–248). Pages H8034±35 a 1.9 percent reduction to all discretionary appro- Suspensions: The House voted to suspend the rules priations (rejected by a recorded vote of 170 ayes to and pass the following measures: 229 noes, Roll No. 333). Pages H8068±72 National Gambling Commission: Agreed to the Sen- Committee Election: Agreed to H. Res. 485, elect- ate amendment to H.R. 497, to create the National ing Representative Klug to the Committee on Gov- Gambling Impact and Policy Commission—clearing ernment Reform and Oversight. Page H8075 the measure for the President. Pages H8035±44 Child Pilot Safety: H.R. 3267, to amend title 49, Amendments: Amendments ordered printed pursu- United States Code, to prohibit individuals who do ant to the rule appear on pages H8095–97. not hold a valid private pilots certificate from ma- Senate Messages: Messages received from the Senate nipulating the controls of aircraft in an attempt to appear on page H8033. set a record or engage in an aeronautical competition Quorum Calls—Votes: Four yea-and-nay votes and or aeronautical feat (agreed to by a yea-and-nay vote two recorded votes developed during the proceedings of 395 yeas, Roll No. 335); Pages H8044±46, H8073 of the House today and appear on pages H8071, Airplane Pilot Hiring Safety: H.R. 3536, amended, H8071–72, H8072–73, H8073, H8073–74, and to amend title 49, United States Code, to require an H8074–75. There were no quorum calls. air carrier to request and receive certain records be- fore allowing an individual to begin service as a Adjournment: Met at 10:30 a.m. and adjourned at pilot (agreed to by a yea-and-nay vote of 401 yeas, 9:41 p.m. Roll No. 336); Pages H8046±49, H8073±74 National Transportation Safety Board: H.R. 3159, Committee Meetings amended, to amend title 49, United States Code, to CIVIL ASSET FORFEITURE REFORM ACT authorize appropriations for fiscal years 1997, 1998, and 1999 for the National Transportation Safety Committee on the Judiciary: Held a hearing on H.R. Board agreed to by a yea-and-nay vote of 400 yeas, 1916, Civil Asset Forfeiture Reform Act. Testimony Roll No. 337); and Pages H8049±52, H8074±75 was heard from Stefan D. Cassella, Deputy Chief of Census of Agriculture: H.R. 3665, amended, to Asset Forfeiture and Money Laundering Section, De- transfer to the Secretary of Agriculture the authority partment of Justice; Jan P. Blanton, Director, Treas- to conduct the census of agriculture. Pages H8052±53 ury Executive Office for Asset Forfeiture, Depart- ment of the Treasury; and public witnesses. Recess: The House recessed at 1:50 p.m. and recon- f vened at 3 p.m. Page H8053 Recess: The House recessed at 4:05 p.m. and recon- NEW PUBLIC LAWS vened at 5:32 p.m. Page H8067 (For last listing of Public Laws, see DAILY DIGEST p. D776) District of Columbia Appropriations: By a yea- H.R. 1508, to require the transfer of title to the and-nay vote of 332 yeas to 68 nays, Roll No. 334, District of Columbia of certain real property in Ana- the House passed H.R. 3845, making appropriations costia Park to facilitate the construction of National for the government of the District of Columbia and Children’s Island, a cultural, educational, and family- other activities chargeable in whole or in part oriented park. Signed July 19, 1996. (P.L. 104–163)

VerDate 03-JUL-96 13:15 Jul 23, 1996 Jkt 029061 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\CRI\D22JY6.REC pfrm01 July 22, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D785 COMMITTEE MEETINGS FOR TUESDAY, House JULY 23, 1996 Committee on Banking and Financial Services, Subcommit- (Committee meetings are open unless otherwise indicated) tee on Domestic and International Monetary Policy, hear- ing on Federal Reserve’s Conduct of Monetary Policy, 2 Senate p.m., 2128 Rayburn. Committee on Government Reform and Oversight, Sub- Committee on Appropriations, business meeting, to mark committee on Government Management, Information, up H.R. 3756, making appropriations for the Treasury and Technology, to mark up the following: H.R. 1907, Department, the United States Postal Service, the Execu- Federal-aid Facility Privatization Act of 1995; and the tive Office of the President, and certain Independent Electronic Reporting and Streamlining Act, 3 p.m., 2154 Agencies for the fiscal year ending September 30, 1997, Rayburn. and H.R. 3845, making appropriations for the govern- Subcommittee on National Security, International Af- ment of the District of Columbia for the fiscal year end- fairs, and Criminal Justice, to consider a draft report enti- ing September 30, 1997, 2 p.m., S–128, Capitol. tled: ‘‘The Investigation into the Activities of Federal Committee on Finance, Subcommittee on International Law Enforcement Agencies Toward the Branch Trade, to hold hearings in conjunction with the Senate Davidians’’, 10 a.m., 311 Cannon. Caucus on International Narcotics Control to examine the Committee on International Relations, Subcommittee on threat to United States trade and finance from drug traf- Asia and the Pacific, to mark up H. Con. Res. 189, ex- ficking and international organized crime, 9 a.m., pressing the sense of the Congress regarding the impor- SD–215. tance of the United States membership in regional South Committee on Foreign Relations, to hold hearings on the Pacific organizations; to be followed by a hearing on U.S. nominations of Pete Peterson, of Florida, to be Ambas- foreign assistance in Asia, 1:30 p.m., 2255 Rayburn. sador to the Socialist Republic of Vietnam, Genta Haw- Subcommittee on International Operations and Human kins Holmes, of California, to be Ambassador to Aus- Rights, hearing on Human Rights Under the Palestinian tralia, Arma Jane Karaer, of Virginia, to be Ambassador Authority, 2 p.m., 2172 Rayburn. Committee on the Judiciary, Subcommittee on the Con- to Papua New Guinea, and to serve concurrently and stitution, hearing on legislation to further protect reli- without additional compensation as Ambassador to Solo- gious freedom, 9:30 a.m., 2141 Rayburn. mon Islands, and as Ambassador to the Republic of Subcommittee on Courts and Intellectual Property, to Vanuatu, and John Stern Wolf, of Maryland, for the rank mark up the following: Federal Courts Improvement Act; of Ambassador during his tenure of service as United S. 533, to clarify the rules governing removal of cases to States Coordinator for Asia Pacific Economic Cooperation, Federal court; and S. 677, to repeal a redundant venue 2 p.m., SD–419. provision, 10 a.m., B352 Rayburn. Subcommittee on European Affairs, to hold hearings on Committee on Resources, hearing on H.R. 3061, to resolve the status of the Bosnia peace process, 3 p.m., SD–106. certain conveyances under the Alaska Native Claims Set- Committee on Governmental Affairs, to hold hearings on tlement Act related to Cape Fox Corporation, 11 a.m., the nomination of Franklin D. Raines, of the District of 1324 Rayburn. Columbia, to be Director of the Office of Management Subcommittee on National Parks, Forests and Lands, and Budget, 3 p.m., SD–342. oversight hearing on the Forest Service’s implementation Committee on the Judiciary, Subcommittee on Constitu- of the Administration’s Forest Plan, 10 a.m., 1334 Long- tion, Federalism, and Property Rights, to hold hearings worth. on proposed legislation authorizing funds for the U.S. Committee on Science, hearing on the Effects of a Six-Year Commission on Civil Rights, 2 p.m., SD–226. Balanced Budget on Civilian Research and Development, Committee on Small Business, to hold oversight hearings Part I, 10 a.m., 2318 Rayburn. on implementation of the Small Business Regulatory En- Subcommittee on Basic Research, hearing on the Fu- forcement Fairness Act, 3 p.m., SR–428A. ture of Antarctic Research, 1 p.m., 2318 Rayburn. Select Committee on Intelligence, to hold closed hearings on Committee on Standards of Official Conduct, executive, to intelligence matters, 1 p.m., SH–219. consider pending business, 5 p.m., HT–2M Capitol. Committee on Ways and Means, Subcommittee on Health, NOTICE hearing on Issues Related to Medicare Payment Policies for Home Health Agency and Skilled Nursing Facility For a Listing of Senate Committee Meetings Services, 2 p.m., 1100 Longworth. scheduled ahead, see pages E1343–44 in today’s Permanent Select Committee on Intelligence, executive, hear- Record. ing on Guatemala, 10 a.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, July 23 9 a.m. Tuesday, July 23

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of 1 measure from of S. 1956, Budget Reconciliation and amendments pend- the Corrections Calendar: H.R. 2779, Soft Metric Conver- ing thereto, with votes to occur thereon; following which sion Act; Senate will resume consideration of H.R. 3603, Agri- Consideration of 2 Suspensions: culture Appropriations, 1997 and amendments pending 1. H.R. 3564, NATO Enlargement Facilitation Act; thereto, with votes to occur thereon. and (Senate will recess from 12:30 p.m. until 2:15 p.m., for re- 2. H.R. 1627, Public Health Pesticides Protection Act; spective party conferences.) and Consideration of H.R. 3814, Commerce, Justice, State, and the Judiciary Appropriations Act for FY 1997 (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Furse, Elizabeth, Ore., E1335 Porter, John Edward, Ill., E1338 Goodling, William F., Pa., E1334 Quinn, Jack, N.Y., E1334 Barcia, James A., Mich., E1336 Harman, Jane, Calif., E1331 Spence, Floyd, S.C., E1335 Collins, Cardiss, Ill., E1335 Hilliard, Earl F., Ala., E1334 Stokes, Louis, Ohio, E1333, E1337 Duncan, John J., Jr., Tenn., E1332, E1336 Manton, Thomas J., N.Y., E1339 Traficant, James A., Jr., Ohio, E1339 Forbes, Michael P., N.Y., E1332, E1337 Moakley, John Joseph, Mass., E1335 Wolf, Frank R., Va., E1333 Frank, Barney, Mass., E1338 Packard, Ron, Calif., E1334

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