SENATE-Tuesday, July 23, 1985

(Legislative day of Tuesday, July 16, 1985) The Senate met at 2 p.m., on the ex­ At 3 p.m., a live quorum will begin, in September and October, and some piration of the recess, and was called under the provisions of rule XXII of of these matters could slip and fall by to order by the President pro tempore the Standing Rules of the Senate, to the wayside. We have time in the next [Mr. THURMOND]. be followed by a vote on the cloture 10 days to deal with almost every one motion to proceed to S. 43, the line of the legislative items, and I hope PRAYER item veto. that every Senator on both sides of The Chaplain, the Reverend Rich­ Rollcall votes are expected today. the aisle will cooperate with us so that ard C. Halverson, D.D., offered the fol­ We could have more than one rollcall we might dispose of as many measures lowing prayer: vote today. as possible. Let us pray. Shortly after the vote on cloture or

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.

19939 19940 CONGRESSIONAL RECORD-SENATE July 23, 1985 Slough said the layoffs and decrease in er efficiency. Since 1976 literally 100 nologies and are superior to the production are caused by import competi­ percent of industrial plants employing United States in literally none. tion. 500 or more in the United States had Mr. President, the last great super­ "The apparel fiber industry has been under great pressure from imports," he said. main frame computers. That is nearly power war was fought 40 years ago. a full decade of U.S. industrial total Since then there has been a series of Mr. President, that is the word we computerization. Today less than one­ technological revolutions in military are getting almost every day from the third of Soviet plants of similar size power and efficiency. How do the su­ textile mills and the apparel industry. have main frames. In the July 8, 1985 perpowers and their respective alli­ The apparel industry is in every State issue of Fortune magazine, Daniel Sel­ ances stack up in this new technologi­ in this Nation. These people are losing igman tells the story in an article he their jobs. cal age? The answer is easy. It is obvi­ I want to see trade with other coun­ titles: "The Great Soviet Computer ous. The United States and the NATO tries, but fair trade, not the kind of Screw Up." Seligman writes: alliance have surely achieved a solid trade that closes down industries in Soviet industry is in big trouble with com­ technological and military as well as our own country and puts people out puters. Its hardware isn't modern. Break­ economic advantage over the Soviet of jobs by the thousands. In my State downs occur endlessly. The telecommunica­ Union and the Warsaw Pact. tions are terrible. And Soviet managers have Again and again we hear leading ad­ alone, we have lost more than 20,000 lots of sneaky reasons for not wanting effec­ jobs in the last year or two. Nation­ ministration figures telling Congress tive information systems. that we must build up the military wide, we have lost hundreds of thou­ Seligman goes on to observe: sands of jobs. before we negotiate an end to the nu­ Mr. President, the textile industry­ At the enterprise level, the Russians have clear arms race with the Soviet jugger­ textile and apparel-employs over 1 generally failed to exploit the fantastic effi­ naut. We have been fed the myth that ciencies made possible by the new electronic the Russians somehow have a military million people. technology, and this failure is a major As I say, it is in every State in the reason for expecting the gap between the advantage that might be frozen in Nation and we are going to find they Soviet and Western economies to keep wid­ place if we stopped nuclear weapons are going to begin to lay off in all the ening. testing, production, and deployment. States. In fact, they are doing it now. This is bad news for the Russians, The article in Fortune magazine on Employment is way down. I hope the Mr. President. From a military stand­ "The Great Soviet Computer Screw administration will wake up before it point it is great news for the United Up" provides additional evidence that is too late because if it does not do so, States. First, our main adversary lacks the Russians are not 10 feet tall, that these people have to go on relief now and will continue to lack for years we can stop the arms race, stop it now unless they can get some other work. to come the ability to pull their cen­ and in the process both save hundreds Mr. President, it is inexcusable to tralized totalitarian economy into the of billions of dollars of military spend­ follow a policy that allows thousands modern efficient system that charac­ ing and provide greater military stabil­ and thousands of Americans to lose terizes American industry. Military ity and security. their jobs simply because we allow ex­ strength depends on economic as well Mr. President, I ask unanimous con­ cessive imports to come into this coun­ as technological and military training sent that that article to which I have try. capability. So on the economic front referred in the July 8, 1985, issue of We felt that the commitment the our major adversary not only must do Fortune magazine by Daniel Seligman President made, which his people have with an economy whose economic be printed in the RECORD at this point. not carried out, to allow import strength measured by its gross nation­ There being no objection, the article growth in proportion to the domestic al product is only about 55 percent of was ordered to be printed in the growth was a fair arrangement. That the American economy. It also must RECORD, as follows: is all we are asking. We are not asking stagger along with an economy that CFrom Fortune, July 8, 1985] to keep out all imports. We simply lacks the ability to run that much THE GREAT SOVIET COMPUTER SCREW-UP want the domestic growth to be in the smaller economy with the modem effi­ same proportion as the import growth. Total is a product of Cincom tends that Congress cannot wisely solve the problem simply by grafting a employees would earn less. For that Systems, a privately owned company based reason they would press for compen­ in Cincinnati, and is probably the most pop­ supercomprehensive unemployment ular database management program ever of­ compensation addition on the present sating higher pay. In many cases they fered for mainframes. However, the pros­ program. The regressive payroll tax would receive that higher pay at least pects of the Soviet copy are plainly limited. that supports unemployment compen­ in part. That would increase wage What's ironic about the wide-ranging sation could not support it. As the edi­ costs. It would also put upward pres­ Soviet problems with computers is that they torial concludes: "It may be time for sure on prices. were once widely viewed as a natural and Since unemployment is now even perhaps even indispensable ally of central society to rethink its approach to the planning. In 1971 the Communist party es­ problem. It is too easy to forget the worse in Europe and elsewhere in the sentially endorsed this proposition: the unemployed." world, this country should work for Ninth Five-Year Plan established the goal I hope Members of Congress will international progress toward the 35- of creating a vast computer network that dwell on this serious and tragic failure hour week. Here's a reform Mr. Presi­ would link organizations at every level of of our system. At a time of record Fed­ dent, that will take time. We should the economy. Timely data would flow up eral deficits, a time for determined re­ start working on it now. The reform from the enterprises to the ministries, ductions in programs that deepen the starts with a recognition of the myth which could incorporate the data into the planning goals flowing back down to the en­ deficit or increase such regressive that unemployment is not a serious terprises. Subsequent party congresses have taxes as the payroll tax that finances problem right now. It is. Three quar­ re-endorsed this concept, while not specify­ unemployment compensation, we ters of our unemployed have literally ing the date at which it should be imple- cannot realistically expect Congress to nothing, no job, no unemployment July 23, 1985 CONGRESSIONAL RECORD-SENATE 19943 compensation. They deserve a chance rethink its approach to the problem. It is But Amnesty International has been to work. too easy to forget the unemployed. persistent in its pursuit of the crimi­ Mr. President, I ask unanimous con­ Mr. LONG. Mr. President, will the nals and their victims, to try and stop sent that the editorial to which I re­ Senator yield for a question? the carnage. ferred in the July 19 Washington Post Mr. PROXMIRE. I am happy to Their reports have brought these be printed in the RECORD. yield to my friend from Louisiana. heinous crimes to our attention. There being no objection, the edito­ Mr. LONG. Mr. President, will the But our attention is not enough. rial was ordered to be printed in the Senator give me a figure of the The Senate must take action to help R ECORD , as follows: n umber of people who are unemployed prevent these atrocities. UNEMPLOYED, UNINSURED and the number who are drawing un­ We must ratify the Genocide Treaty. The continuing high unemployment employment compensation? I \\Ould rate-7.3 percent last month for the fifth Now, Mr. President, we must cease like to get the ratio, one to the other. to be passive listeners. month in a row-has overwhelmed the na­ Mr. PROXMIRE. The number who tion's unemployment insurance system. The We must stop being quiet onlookers. Center on Budget and Policy Priorities, an are unemployed is about 8,413,000. The number not drawing unemploy­ We must join with the 96 other na­ advocacy group, reported earlier this month tions that have made a firm commit­ that only about a fourth of the unem­ ment compensation is about 6,300,000. ployed-26.9 percent-are receiving unem­ Mr. LONG. How many does the Sen­ ment to stop genocide. ployment benefits. Tha~ national rate is one ator say are not drawing unemploy­ These nations have ratified the of the lowest on record, and the rates in ment compensation? Genocide Convention-and now we some states are lower still. Only 15 percent Mr. PROXMIRE. About 73 percent, must also. of the unemployed in Texas are receiving almost three-quarters. It is too late for us to help the payments, 15.1 percent in Florida, 19.9 per­ people who have died and been tor­ cent in Michigan. The recent figure for Vir­ Mr. LONG. About three-quarters are ginia was 21.7 percent Georgia, Senator MATTINGLY. countercyclical device. It assumes a simple The PRESIDING OFFICER. Wii;h­ world in which people lose their jobs tempo­ out objection, it is so ordered. rarily when the business cycle turns down, TORTURE IN UGANDA but easily regain them when the economy Mr. PROXMIRE. Mr. President, turns up again. Thus it provides up to 26 Amnesty International recently re­ RECOGNITION OF SENATOR weeks-half a year of basic benefits. These leased a report documenting countless HART basic benefits are paid for by state taxes, and each state has the right to set its own incidents of torture and mysterious The PRESIDING OFFICER. Under benefit levels and eligibility rules Jimmy Carter, even when it clearly is But these cuts, Mr. President, were · wisely, that it will enable the current totally inappropriate. swamped by massive revenue give- Republican administration to wield Now, Mr. President, it is this former aways to the total of $326 billion and the power unfairly to abolish pro­ Treasury Secretary, Mr. Regan, who defense increases almost $100 billion grams that Democrats have been gave us the supply side miracle of a over that same period. We cut the fighting to save and strengthen over massive 1981-82 recession and who budget alright, but what we have done the past 4 years. But if the President denies any link between huge present is merely shift those dollars that we does not use the item veto fairly, the and projected deficits and unaccept­ have cut over to one agency which is 2-year sunset provision in S. 43 will ably high real interest rates. And that often the most wasteful bureaucracy ensure that the power is discontinued. same former Treasury Secretary is in Washington, and that is called the On the other hand, if the item veto hardly in any position to lecture the Pentagon. is used reasonably, Congress will Congress about fiscal responsibility. Mr. President, the current budget almost certainly extend it beyond the Mr. Regan has asked, "Who is rack­ impasse is largely a result of White 2-year period. In this sense, President ing up deficits? Not us," presumably House failure to consult with the Sen- Reagan will be holding this new power meaning the administration. Well, Mr. ate and House leadership before taking in trust for future administrations. President, that is just flat wrong. all items of substance off the table, so And if the item. veto is used effective­ Leaving aside the staggering record to speak, in budget negotiations. ly, Congress might well consider ex- of Reagan deficits since 1981, let us And Mr. President that failure can tending the power to other areas­ look at the deficits which Mr. Donald be tra~ed directly to 'the White House sue~ as t~x legislatio~ w?ich, with its Reagan asked for over that period-defi­ Chief of Staff, Mr. Donald Regan. prohferation o~ ~pec1al mterest loop- cits which he asked for. The fiscal . holes and subs1d1es, would be a prime 1982 to 1986 Reagan budget requests, Mr. President, I suggest the absence candidate for extension of the line- Mr. President, propose a total of $686 of a quorum. item veto. billion in additional deficits. The total The .PRESIDING OFFICER. The The fundamental issue before us of five Reagan budgets asked for an clerk will ~all the ro~l. . today, however, is fiscal responsibility, additional $686 billion in deficits with The assistant leg1slat1ve clerk pro- and it has little to do with the parti- $180 billion plus annual deficits for ceeded to call the roll. san politics of the moment or the pass- each of the last three proposed budg­ Mr. KENNEDY. Mr. President, I ask ing budget wars which pit a Republi­ ets. unanimous consent that the order for can President against a Democratic Now, why has not this champion of the quorum call be rescinded. House-and even against his own Re­ a balanced budget amendment, Mr. The PRESIDING OFFICER. With- publican Senate. A larger principle Donald Regan, submitted a balanced out objection, it is so ordered. and a longer perspective are at stake. budget to the Congress in the last 5 Mr. KENNEDY. Mr. President, I ask When 100 Senators and 435 Repre- years? We might well thump on our unanimous consent that I may yield sentatives have primary responsibility desks about that one. such time as I might use. for the budget, no one is adequately And why does not this true believer The PRESIDING OFFICER. Is responsible. The traditional veto in the line-item veto advise the Presi­ there objection? Without objection, it power of the President, which worked dent to exercise the veto power he al- is so ordered. well until the 1970's, is still sufficient July 23, 1985 CONGRESSIONAL RECORD-SENATE 19945 to keep most other legislation in There being no objection, the table items will be packaged into the sec­ check. But it is too unwieldy to was ordered to be printed in the tions that will later be submitted satel­ impose significant discipline on the ap­ RECORD, as follows: lite bills to the President. And, of propriations process. In 1983 and 1984, Federal deficit course, any of these minibills vetoed the 98th Congress produced 623 bills Year: Billions by the President will be subject to a which were sent to the White House 1941...... - $4.9 vote by Congress to override the mini­ and signed into law. Only 27 were ap­ 1942 ...... - 20.5 veto. propriations bills; but they made up in 1943 ...... - 54.5 As recent history has demonstrated, size and scope for what they lacked in 1944 ...... -47.5 Congress is not reluctant to use its number, dispensing hundreds of bil­ 1945 ...... -47.5 1946 ...... - 15.9 power to override vetoes of spending lions of dollars across the entire range 1947 ...... 4.0 measures. Since the Truman adminis­ of myriad Federal programs. 1948...... 11.7 tration, 23 appropriations bills have The 1985 continuing resolution, for 1949 ...... 5 been vetoed, and Congress has success­ example, passed at the end of our ses­ 1950 ...... -3.1 fully overridden a third of these sion last year, contained almost $400 1951...... -6.1 vetoes-triple the rate for all bills. And billion of Federal spending in one fell 1952 ...... -1.5 1953 ...... -6.4 I have no doubt that Congress will not swoop, and consolidated 8 of the cus­ 1954 ...... - 1.1 hesitate to use its override power to tomary 13 appropriations acts. It also 1955 ...... -2.9 challenge unwarranted item vetoes by contained hundreds of pages of unre­ 1956 ...... 3.9 the President. lated major substantive legislation. In 1957 ...... 3.4 I will continue to resist insensitive effect, as Congress was adjourning, it 1958...... -2.7 1959 ...... -12.8 cuts proposed by the administration in gave the President a "take it or leave proven and effective programs. If the it" ultimatum-sign the continuing 1960 ...... 2 1961...... -3.3 item veto is abused, I will urge the resolution or shutdown the Govern­ 1962 ...... -7.1 Senate to override the veto, and if nec­ ment. 1963 ...... -4.7 essary, to take it away. But the cur­ Occasionally, Presidents have been 1964 ...... -5.9 rent crisis over the budget demands a bold enough to veto one or another of 1965 ...... -1.4 strong and timely response by both these behemoth appropriations bills 1966...... -3.6 Congress and the President; enact­ because they objected to particular 1967 ...... -8.6 1968...... -25.1 ment of the item veto is an important provisions. More often, the massive procedural device to help reduce the nature of the modern appropriations 1969 ...... 3.2 1970...... -2.8 current record deficits, and restore ra­ process overwhelms the primitive veto 1971...... -23.0 tionality to the budget process. power, and the President acquiesces in 1972 ...... -23.3 The possibility that clever drafting countless individual items that by any 1973 ...... -14.9 standard are wasteful or badly flawed. 1974 ...... -6.l may be used to thwart the line-item By giving the President a stronger 1975...... -53.2 veto is not a valid reason for opposing role, the line-item veto will instill a 1976...... -73.7 S. 43. It would be the height of irre­ new and needed measure of Presiden­ 1977 ...... -53.6 sponsibility for Congress to grant the tial accountability in Federal spend­ 1978 ...... -58.9 power, and then undercut it by devi­ ing, and reduce the excesses of a con­ 1979 ...... -40.1 ous tactics that could not stand the 1980...... -73.8 light of day. If S. 43 is enacted, it de­ gressional budget process which too 1981...... -78.9 readily focuses on individual districts 1982 ...... -127.9 serves the fair trial period that the and special interests, not the national 1983 ...... -207.7 legislation envisions, and I am confi­ interest. 1984 ...... -185.3 dent that Congress will see the wisdom The line-item veto is hardly an un­ 1985 (estimate>...... -222.22 of facilitating, not obstructing such a tested idea. Forty-three States already Mr. KENNEDY. Mr. President, S. 43 trial. With deficits projected near $200 give a similar power to their Gover­ meets the present need with an inno­ billion for the foreseeable future, we nors, who universally regard it as an vative and sensible approach that cre­ face an unprecedented challenge to indispensable tool of budget control at ates broad item veto authority, while the ability of Congress and the execu­ the State level. still preserving the constitutional role tive branch to work together in the Presidents since Grant have sought of Congress in the legislative process. national interest. So far, we have the line-item veto, but until now Con­ Under the proposed legislation, spend­ failed to meet that challenge, and the gress has refused to cede the power­ ing measures passed by the Senate and stronger medicine of S. 43 is now ap­ and with considerable justification, be­ the House will be divided by sections propriate. cause earlier Congresses seldom into separate satellite bills, each of It is also difficult to accept the posi­ brought in budgets that were unbal­ which will be presented to the Presi­ tion of critics that the item veto will anced. Today, Congress has only itself dent as an independent minibill for his only reach a relatively small portion to blame for the irresistible pressure approval or rejection. of the trillion dollar Federal budget. to yield the item veto power to the In this sense, S. 43 is not a true line­ Even if the new power has only a President. Deficits have ballooned in item veto, since the President can modest impact on the deficit, it is earlier decades, during wartime or re­ reach only part way into appropria­ hardly an argument against the pro­ cessions, but Congress always man­ tions bills-to sections of the parent posal that it does not do more. Even aged to bring them back to balance. bill, not to individual line items them­ with the modest reach I anticipate, it We began to lose control of the budget selves. This is one of the key compro­ can still be a worthwhile tool to help in the 1970's; we gave away the Treas­ mises that permits this measure to go stem the tide of red ink that threatens ury in the 1980's with massive tax cuts forward as a statute, since a true line­ to engulf the national economy. and huge increases in military spend­ item veto could only be enacted by the I also doubt the prevailing assump­ ing; and the country will continue to arduous route of amending the Consti­ tion of the critics that President sink into an irreversible morass of tution. Reagan will confine the item veto deficits until strong corrective action Even after the enactment of S. 43, power to domestic social programs. is taken. Congress will still retain substantial Obviously, he is unlikely to use the Mr. President, I ask unanimous con­ control over the appropriations proc­ item veto against MX missiles or other sent that a table of Federal deficits ess, because the Senate and the House weapons systems he has proposed. But from 1941 to the present may be print­ of Representatives will continue to de­ he may find this new veto power a ed in the RECORD. termine how individual appropriations useful tool for eliminating wasteful 19946 CONGRESSIONAL RECORD-SENATE July 23, 1985 military spending. Certainly, it will be ances, which functions adequately, even quent in their arguments against the of interest to all of us to see the re­ brilliantly in most areas, is out of kilter in bill. But Mr. President, I must say that sults of the 2-year trial period of the area of the budget. Congress has too the debate has been characterized by much power over the purse, and the Presi­ S. 43-and the specific areas where dent has too little. The line-item veto, while more heat than light. the President chooses to use the neither the miracle cure that proponents At a time when the problems that power. promise nor the disaster that opponents we face demand new solutions, we find Finally, I doubt the fears of some fear, is one of the few available tools to re­ our way hindered by a mentality that that the item veto will encourage Con­ dress the balance. is more tunnel vision than it is vision­ gress to become even more irresponsi­ The fundamental issue is fiscal responsi­ ary. ble on Federal spending-on the bility, and it has little to do with partisan politics or the current budget wars that pit The arguments in opposition to the theory that the President will be able a Republican President against a Democrat­ proposal appear to have as their to use the item veto to save us from ic House-and even against his own Republi­ common link a slavish devotion to the ourselves. The current budget situa­ can Senate. A larger principle and a longer status quo; an ina.bility to recognize tion is so precarious that Congress is perspective are at stake. When 100 senators and 435 representa­ that we must change the way we do hardly likely to embark on any new things; a seeming fear of taking any binge of runaway spending. Just the tives have primary responsibility for the opposite-to paraphrase Samuel John­ budget, no one is adequately responsible. action with real substance to it as op­ The traditional veto power of the President, posed to the many legislative propos­ son, the prospect of the item veto may which worked well until the 1970s, is still als that are considered and passed by wonderfully concentrate the mind of sufficient to keep most other legislation in this body that have little real impact Congress in enacting future spending check. But it is too unwieldly to impose sig­ but allow us to feel better for "having bill~ - nificant discipline on the appropriations In sum, everybody talks about bal­ process. In 1983 and 1984 the 98th Congress done something." ancing the budget, but nobody is pres­ produced 623 bills that were sent to the The debate has been characterized ently doing much about it. Congress White House and signed into law. Only 27 by the almost plaintive cry from the claims it is the President's fault for were appropriation bills, but they made up opponents for reassurance that the in size and scope for what they lacked in Senate will make no action whatsoever failing to use the veto-"stop us before number-dispensing hundreds of billions of we spend again." The President pleads dollars across the entire range of myriad that deviates in the slightest way from in turn that he fervently detests the federal programs. the current procedures and processes deficits, but does not have the power Very occasionally Presidents have been that have brought us to our current to fight them fully. So let us give it to bold enough to veto one or another of these budget and fiscal problems. him. Let us help him live up to his behemoth appropriations bills because they Well, let there be no mistake about own rhetoric-and let us also see to it objected to particular provisions. More it Mr. President, the item-veto propos­ often the massive nature of the modern ap­ that Congress will be looking over its propriations process overwhelms the primi­ al is not a sugar pill-it is a very real shoulder as it packages and passes tive veto power, and the President acqui­ attempt to begin the effort of revers­ future appropriations bills. esces in bills that by any standard are badly ing the process that has led to an ever flawed. By giving the President a stronger greater level of Federal expenditures role, the line-item veto would instill a new at a time when congressional control RECOGNITION OF SENATOR and needed measure of presidential account­ MATTINGLY and direction has diminished. ability in federal spending and reduce the My distinguished colleague and The PRESIDING OFFICER. Under excesses of a congressional process that too readily focuses on individual districts and friend, Senator EVANS, who has played the previous order, the Senator from such an instrumental role in develop­ Georgia [Mr. MATTINGLY] is recog­ separate interests, not the national interest. In any event the line-item veto is hardly a ing this legislation and without whom nized for not to exceed 15 minutes. riverboat gamble. Forty-three states already it would not have been possible to give a similar power to their governors, who gather such wide support for the idea, LINE-ITEM VETO universally regard it as an indispensable made a compelling case in his remarks tool of budget control-at least until they Mr. MATTINGLY. Mr. President, I become U.S. senators. last week about the inconsistencies would like to thank the distinguished Presidents since Grant have sought the contained in the arguments advanced senior Senator from Massachusetts for line-item veto, but until now Congress has by the opponents of the item veto. In his endorsement of the line-item veto. refused to cede the power-and with consid­ their zeal to cite every alleged reason His expression of support is an indica­ erable justification, because earlier Con­ for voting against the legislation, they gresses seldom brought in budgets that were offer nothing more than a series of tion of the broad range of attraction unbalanced. Today Congress has only itself that the legislation has; it encom­ contradictory statements that, after to blame for the irresistible pressure to careful analysis, make the case for the passes all ideologies and philosophies. yield some of its power to the President. We In an article printed today in the gave away the Treasury with the massive legislation not against it. We have Los Angeles Times, Senator KENNEDY tax cuts and huge increases in military heard arguments based on everything writes about the reasons for his sup­ spending of the past four years, and the from unconstitutionality to fear of port of the line-item veto proposal. I country will continue to sink into an irre­ writers cramp. ask unanimous consent that the arti­ versible morass of deficits unless corrective Let me take a close look at just a few action is taken. cle be printed in the RECORD at this Everybody talks about balancing the of them. point. budget, but nobody is currently doing much The argument is made that the pro­ There being no objection, the article about it. Congress claims that it's the Presi­ posal would not be an effective budget was ordered to be printed in the dent's fault for failing to use the veto­ tool because it could not be applied RECORD, as follows: "stop us before we spend again." The Presi­ against entitlement programs or inter­ dent pleads in turn that he fervently detests LINE-ITEM VETO: OUT OF THE SHAMBLES­ the deficits but does not have the power to est on the national debt. Well, it is PRESIDENT MUST HAVE MORE BUDGET fight them fully. So let's give it to him. Let's true that it would not touch those ele­ POWER TO ADJUST BALANCE help him live up to his own rhetoric-and ments of the budget but the oppo­ CBy Edward M. Kennedy) let's also see to it that Congress will be look­ nents continue to insist that it would Growing support for the line-item veto in ing over its shoulder as it packages and never be used against items contained the Senate and the House is a reflection of passes future appropriations bills. in the defense spending bill, I really the Pogo Principle in contemporary poli­ Mr. MATTINGLY. Mr. President, I don't believe that that has any basis in tics-"We have met the enemy, and they is have listened carefully to the state­ fact. Any President, no matter what us." The budget process is in shambles, the ments in opposition to the line-item his ideology, would no doubt be willing deficit is out of control, and Congress is the veto proposal. The speakers have been to excise those items in defense that problem. Our system of checks and bal- articulate, indeed, at times even elo- are part of the problems that have July 23, 1985 CONGRESSIONAL RECORD-SENATE 19947 been so thoroughly identified and doc­ enrolliI1g clerks and other officers of fashion on the way things are now umented over the past year or so. the Senate and House already have done. Opponents say item vote would not been given a significant amount of dis­ Confusion and contradiction abound be an effective budget tool but the dis­ cretionary authority by the Congress. in the arguments of the opponents, tinguished minority leader last week Most of my colleagues have used the Mr. President. The fact that the chief inserted into the RECORD a list of the legislative shortcut where we send an executives of 43 States have success­ names of 41 organizations that had amendment to the desk that contains fully used the item v~to is dismissed as contacted his office to express opposi­ the direction: "At the appropriate having no bearing on use of such au­ tion to S. 43. What do my colleagues place in the bill • • • etc." Well, who thority at the Federal level, but in the think is the glue that binds this decides where the appropriate place is, next breath we are advised of the judi­ common interest together? Are these Mr. President? Who now makes that cial pitfalls that await us if we enact organizations opposed to the bill be­ judgment? That decision, Mr. Presi­ the item veto, based on the experience cause they fear it would be an ineffec­ dent, is made initially by the legisla­ of the States. tive budget tool? Are they opposed to tive clerk or his staff and is subse­ My distinguished opponents assert it because they are concerned about a quently agreed to or amended, in the that passage of the item veto would perceived increased workload of the case of an appropriation bill, by the bring back the smoke-filled rooms and House enrolling clerk? I do not think very capable members of the Appro­ the deal making that at one time char­ so. I think my colleagues know what priations Committee staff. acterized politics and politicians and the primary concern of these organiza­ In addition, at the beginning of each yet before we have a chance to absorb tions is-it is a concern, Mr. President, Congress, we grant unanimous consent that argument, we are advised that a real fear that enactment of this pro­ to a request to bestow upon the Secre­ the item veto is not needed because posal presents the very real possibility tary of the Senate the authority to the President and his emissaries are that the level of Federal spending will make technical and clerical corrections carefully tracking legislation as it pro­ decrease. in legislation that has been passed by ceeds through Congress, pointing out What we have is an acute demon­ the Senate and which is to be trans­ to legislators what the President stration of the institutional forces mitted to the House of Representa­ favors and what he does not and per­ that rally together in an effort to tives. S. 43 states that no substantive haps even-making some deals, Mr. thwart any real effort at reform and revisions are to be made by the clerks; President. progress. The special interests, in those instructions are plain; the intent Arguments against the legislation league with their friends in Congress clear. The distinguished chairman of based on its constitutionality deserve and supported by the entrenched bu­ the Committee on Appropriations last more serious consideration, but an reaucracy, zero in and portrary any week asked who would determine what honest, objective assessment of the effort that could lead to a reduction in was substantive and what was not and question, seems to leave little doubt Federal funding as a threat not only the answer to him is the same judg­ that, in fact, the proposal meets the to their particular program and ment, the same authority, the same at­ constitutional test. agenda but to mom, applie pie, and tention to duty and detail that guide the flag as well. the staffs of the Appropriations and Most of my colleagues have had a It is that mentality, Mr. President, other committees as they decide what chance to read the opinion of Mr. that makes reform so difficult. And are technical and what are not techni­ Johnny Killian as it appears in the ad­ this latest example is proof of why the cal changes in legislation approved by ditional views in the committee report national perspective that only the this body. The language in our legisla­ accompanying the bill. I hope all Sen­ cheif executive has, is so important to tion is similar in wording and intent to ators will read his opinjon. I will read the process. that contained in the Budget Act. In only the last paragraph. I might add that that National per­ my view, one must really strain to find Mr. Killian writes: spective, held by every President as a its directive confusing or misleading. Two questions are raised about S. 43 in result of his election by a majority of My distinguished colleagues worry terms of the constitution. First, would the those who vote in the Presidential about the effect that the item veto bill in operation violate the lawmaking pro­ cedure set out in article I because the sepa­ election is as valid under a Democrat proposal would have on legislation rated bills would not be passed again by Administration as it would be under such as last years continuing resolu­ both Houses. • • • one that is republican. In fact, I point tion, stating that if the item veto had out to my colleagues that I and many been in effect, the paperwork created We have heard a lot of talk about of the Senators who support the item within the CR under its provisions the oath of office that all Senators veto trial, did everything we could to would have been unmanageable. take and I must say that I resent the have the legislation enacted last year Have we actually reached the point, implication that those of us who sup­ well before the Presidential election Mr. President, where change such as port this legislation are somehow in was decided. that suggested in this legislation is op­ violation of that solemn oath. As if Not an effective budget tool? To the posed on the grounds that it would any one of us who has had the privi­ contrary, Mr. President, to the con­ make it difficult to continue to legis­ lege of serving in this body would heed trary. late in the manner that we did in Oc­ that vow more than some or all of the Item veto opponents say the propos­ tober of last year? colleagues with which he or she al is structurally deficient because it The purpose of my reform proposal, serves. would give too much authority to the Mr. President, is to attempt to begin None of us can bring anything less enrolling clerks or that it would create to construct a system that will do or anything more to the question than thousands of smaller bills out of such away with such legislative hybrids, not the qualities outlined so eloquently by legislation as last years continuing res­ perpetuate them, reform is undertak­ Edmund Burke more than 200 years olution and thus create an unmanage­ en in an effort to improve the system. ago: "Our unbiased oprmon, our able paper flow. It is not undertaken nor structured in mature judgment, our enlightened We who favor the item veto trial are a fashion that insures that it will con­ conscience." accused of granting vast new power to form to the current unwieldy, unwork­ And it is on that basis that this ele­ the Senate and House enrolling clerks able process. mental, this critical question should be when in fact the legislation does no We would find ourselves in an inter­ decided; not on the basis that the such thing-it increases the authority esting position indeed, Mr. President, question of constitutionality repre­ of these clerks not one bit. In fact, if we were to agree to adopt no new sents an easy and a convenient way contrary to what one might think proposal, no reform, no suggestion if it out of a difficult position or because it after listening to such arguments, the were to intrude in any way or in any seems to represent a convenient way 19948 CONGRESSIONAL RECORD-SENATE July 23, 1985 to avoid a vote directly on the merits Mr. EVANS. Mr. President, I ask prospect of a veto which is virtually of the proposal that we seek to consid­ unanimous consent that the order for useless because it is so draconian. er. the quorum call be rescinded. Many have suggested that there It appears to me that opponents of The PRESIDING OFFICER even dent, armed with the Mattingly bill, could Mr. HATFIELD has expressed this con­ in the absence of a majority vote upon expi­ have item-vetoed the farm credit provision cern succinctly. He said: ration of 45 days of "continuous session." I while leaving intact African aid. But H.R. To be blunt, this proposal has little to do further noted that this problem has recent­ 1096 was not an appropriations bill. To with spending reduction. It has everything ly arisen with respect to noncontroversial reach such matters, the Mattingly bill to do with the balance of power in our gov­ rescissions, with the result that funds have would have to cover loan programs and ernment. This proposal represents a signifi­ sometimes been either unnecessarily spent other indirect forms of financial assistance, cant grant of power and passing or responsi­ or the rescission rules have been violated. including entitlement programs usually bility to the Chief Executive at the expense In view of my inability to attend the re­ found in authorization or tax bills. of the Legislative Branch, and there are no sumed session of the hearings, it might be July 23, 1985 CONGRESSIONAL RECORD-SENATE 19957 useful to provide some concrete data on this into in 1975, to at least three Senate com­ Reagan first framed the issue in his 1984 problem for the record. mittees), and because the Appropriations State of the Union message: The inadequacy of the current rescission Committee which has the lead jurisdiction Some 43 of our 50 states grant their gover­ process has recently been evidenced by con­ often is so fully involved in the annual ap­ nors the right to veto individual items and gressional response to presidential rescis­ propriations process that it cannot divert at­ appropriations bills without having to veto sions proposed pursuant to the Deficit Re­ tention to proposed rescissions. the entire bill . . . It works in 43 states. Let duction Act of 1984. That Act established I would suggest that if your Committee us put it to work in Washington for all the expenditure savings targets in 6 manage­ has an interest in strengthening the rescis­ people. ment categories. On February 6, 1985, the sion process as a more effective and better Throughout the campaign President President submitted 226 rescission proposals balanced means of curtailing expenditures Reagan and Republican senators and con­ totaling $372 million to Congress. However, and the deficit than the item veto, it might gressmen made the lLl'le-item veto a major Congress did not act on any of these propos­ examine the rescission process or direct the theme, they suggested that the president als-despite the fact that they were made in proposed Select Committee on the Two­ could deal with the deficit if only he had response to its directive in the Deficit Re­ Year Budget to undertake this task. the tools-that the most effective, most effi­ duction Act-by the time the 45 day period cient, and least onerous way of dealing with expired. Allen Schick, whom I quoted earlier, federal spending is through a constitutional At least two steps have been taken thus has considered the political implica­ amendment to give the president line-item far to compensate for the failure of the re­ tions of a line-item veto. He wrote: veto authority. scission process to produce the intended If the item veto would not make much of As a political theme this is an understand­ repeal of budget authority. First, the Senate a dent in federal spending, why has it been able one. But its main drawback, as the pre­ Appropriations Committee reported S. 469, so avidly sought by President Reagan and ceding pages demonstrate, is that it starts the rescission bill, with an amendment that many of his predecessors? The straightfor­ with the basic premise that the president is would extend the impoundment of the ward answer is that the item veto has the better than the Congress at controlling gov­ funds withheld pursuant to the Deficit Re­ potential of strengthening the position of ernment spending. A line-item veto would duction Act until July 1, 1985. According to the President vis a vis Congress. For one give the president more authority and take the Appropriations Committee Report and We are writing to notify you that we pro­ package was passed only because many Mitterand, government spending went up at pose to enact all the 2901 rescissions identi­ Members were willing to subordinate their a faster rate, as a percentage of gross na­ fied for agencies under the jurisdiction of preferences with respect to individual items tional product, than it did in the United the Commerce, Justice, State Subcommittee to an overall budget policy. States in the same period.13 on a general Supplemental bill later this S. 43 is defective because it can't see the The line-item veto, of course, is more a po­ year. We intend to enact these savings even budgetary forest for the trees. litical ploy than a comprehensive proposal if the time limits for rescissions or deferrals for reducing or eliminating deficits. For one have expired. We are notifying you of our Mr. President, it is for all of these thing, the veto as proposed aims exclusively intent so you can properly budget for your reasons and others that I am com­ at appropriations bills, while most spending, activities. pelled to vote against S. 43. I look for­ as the Office of Management and Budget If you believe that you can achieve the ward to more substantive proposals has pointed out, is not directly in the hands same level of savings in another area of that will help us reduce the deficit. of the Appropriations Committee or fun­ your budget and you want to waive the spe­ To put the line-item discussion in neled through individual appropriations cific reductions suggested by OMB, the Sub­ further historical perspective, this is bills. Consider, for example, the $926 billion committee would be willing to entertain a what Norman J. Ornstein had to say in the 1985 fiscal budget. Some $188 billion request to that effect. Unless notified, we goes for social security, handled separately will assume you will take the reductions in about institutional change and the through social security legislation. Another the functions proposed by OMB. Please con­ deficit: $116 billion is for net interest payments, tact the Subcommittee staff to work out I have tried to debunk the conventional which the president could not item-veto. any details of such a request. The staff is wisdom that lays the blame for outrageous Medicare and Medicaid get $90 billion, also also willing to answer any other questions deficits and uncontrollable spending entire­ handled through formulas; the formulas you may have. ly at the feet of an irresponsible Congress. A can be changed by law, but the items in the This policy does not include any program serious movement, however, is afoot to deal existing law are virtually immune from veto. rescissions, which the Committee will review with this problem through institutional Another $123 billion is for other mandatory on a case-by-case basis. change that would curtail the power and programs handled through existing legisla­ The deficiency that has necessitated this the role of Congress. tion. Commitments made fu prior years for action occurs frequently, both because re­ One major proposal that was a dominant which contractual obligations exist total $97 scission is a complicated legislative process theme of the 1984 presidential campaign is billion for defense and $74 billion for domes­ (each proposed rescission is referred, under a constitutional amendment to give the tic programs. We are left with $237 billion­ a unanimous consent agreement entered president line-item veto authority. President but $175 billion of that is for defense. That 19958 CONGRESSIONAL RECORD-SENATE July 23, 1985 leaves, in other words, $62 billion in nonde­ asked for-that's a scant 0.00015 per­ forward to more substantive proposals fense, discretionary spending as the main cent more. that will help us reduce the deficit. potential for line-item vetos. That includes Second, less than 15 percent of the the general operating expenses of the feder­ Mr. STENNIS. Mr. President, will al government-Central Intelligence Federal budget would even be vulnera­ the Senator yield to me briefly? Agency- ble to a line-item veto. It could not be Mr. GORE. I will yield. used on revenue measures. It could not Will he veto that? Ronald Reagan to dismantle paragraph' should be an item. But ten editorials, and I think they suc­ social programs unimpeded. The same we've seen some mighty long-and cinctly and cogently make the case authority would permit a liberal Presi­ mighty short-paragraphs and num­ against the line-item veto. dent to run roughshod over programs bered sections in our time. If the The PRESIDING OFFICER. Will conservatives treasure. clerk's preferences ran to short items the Senator withhold? "This proposal is a distraction, a non­ in all or part of an appropriation, the Mr. BYRD. Yes; I thank the Chair. answer to deficits and a serious threat president would acquire formidable The PRESIDING OFFICER. If we to the system's checks and balances. new powers. could have the complete attention of No Senator should approve this emas­ "He could, for example, punish : provided to the new-born infant to pay ployer-sponsored health insurance coverage, for the often extraordinarily high thereby reducing the extent of new Medic­ costs of neonatal intensive care-costs aid costs. Not that can be averted through the provi­ Second, although there may be some justi­ Family work status Women sion of early prenatal services. It is my fication in assuming that the eligible indi­ =~ viduals without other sources of care would intention to push hard in this Con­ Full-time, full-year...... 108,040 108,040 seek reimbursement for the hospital costs of Part-time, full-year...... 12,916 7,285 gress to see this inequity corrected. delivery, it is doubtful that 100 percent of Part-year ...... 116,078 86,826 In the past decade, we have made those eligible will seek prenatal medical as­ Total...... 237,034 202,151 great strides in increasing the number sistance before the time of delivery. Accord­ of women who received medical care ingly, the assumption that each eligible during that critical first trimester of woman would seek reimbursement for full Of these eligible women, 13.0 percent are pregnancy. However, almost one­ prenatal as well as delivery health care expected to be pregnant in any given year fourth of the pregnant women in this seems to me to overstate the per individual for a total of 26,184 pregnancies. Each preg­ cost of expanding coverage. nancy is expected to result in a total state country do not and they are often Third, I am concerned about the assump­ and federal cost of $2,650 in 1986. Since the those with the greatest need for early tion of 100-percent participation in the first match rate for those states that do not cur­ care. Repeatedly, studies of women effective year. In the past, CBO has as­ rently cover the pregnancies is 60 percent, who have not obtained adequate pre­ sumed a much more gradual participation the federal share of each pregnancy would natal care have found that the major for this type of Medicaid expansion, and I be $1,600. Costs were adjusted in the out reason for the lack of such care is that am advised that the Administration assumes years to reflect medical cost inflation. the woman could not afford it. We can a much slower expansion under the 1984 This estimate differs from the CBO esti­ amendments than CBO estimated. mate mentioned in your letter for several and must do a better job of reaching Fourth, rarely do all eligible persons par­ reasons. First, the data are based on the those women and in.creasing their ticipate in any program. What is estimated March 1984 CPS. The previous CBO esti­ chances of having a healthy child. to be the general Medicaid participation mate used data from the March 1982 CPS. S. 7 has already been cosponsored by rate among eligibles? Second, during the past year, states with a number of my colleagues, including Fifth, and most importantly, I am deeply roughly 40 percent of this uncovered popu­ Senators MOYNIHAN, MATSUNAGA, concerned that CBO's cost estimates do not lation have extended Medicaid coverage. Fi­ INOUYE, RIEGLE, METZENBAUM, DODD, include any off-setting savings to the Medic­ nally, we have refined our definition of LEVIN, KENNEDY, ANDREWS, SIMON, and aid program as a result of providing prena­ Medicaid eligibles. tal services to high-risk pregnant women. This estimate includes a 50 percent reduc­ LEAHY. With the new, significantly Numerous studies, including a detailed one tion during the first year to account for lags lower CBO cost-estimates, I hope that done in the State of California, have shown in implementation, a 6 percent reduction others who are concerned about an immediate reduction in Medicaid expend­ each year to account for private insurance health care for low-income pregnant itures for neonatal intensive care for each coverage and a 10 percent reduction to ac­ women will join in supporting this leg­ Medicaid dollar spent on prenatal services. count for other nonparticipation. Although islation. A report from the National Academy of Sci- roughly 22 percent of eligibles appear to July 23, 1985 CONGRESSIONAL RECORD-SENATE 19967 have some private health insurance, much Mr. President, I ask unanimous con­ this are freshly etched on our national of it will require extensive copayments by sent that Admiral Watkins' address on memory. Medicaid. Furthermore, GAO recently re­ June 29, 1985 at the Reserve Officers Like the hostage situation aboard the ported

51-059 0-86--2 (Pt. 15) 19970 CONGRESSIONAL RECORD-SENATE July 23, 1985 of the Air Force transmitting, pursuant to NIS, Mr. ABDNOR, Mr. SYMMS, Mr. them. These comments should be re­ law, the annual report on the non-appropri­ D'A.MATO, Mr. ZORINSKY, Mr. NUNN, ceived by the Commerce Committee ated retirement plan for civilian employees Mr. SPECTER, Mr. QUAYLE, Mr. MAT­ no later than September 9, 1985. of the Air Force; to the Committee on Gov­ TINGLY, Mr. BOREN, Mr. DUREN­ ernmental Affairs. BERGER, Mr. LAUTENBERG, Mr. JOHN­ Mr. President, I ask unanimous con­ EC-1530. A communication from the Sec­ STON, Mr. BENTSEN, Mr. BURDICK, Mr. sent that the administration's state­ retary of Agriculture transmitting, pursuant MATSUNAGA, Mrs. KASSEBAUM, Mr. ment of purpose and need explaining to law. a report on a revision of a Privacy WARNER, and Mr. HEINZ>: these bills and the text of the bills be Act system of records; to the Committee on S.J. Res. 168. Joint resolution designating printed in the RECORD. Governmental Affairs. August 13, 1985, as "National Neighborhood There being no objection, the mate­ EC-1531. A communication from the Sec­ Crime Watch Day"; to the Committee on retary of Labor transmitting, pursuant to the Judiciary. rial was ordered to be printed in the law, notice of intention to extend a current By Mr. MATHIAS : tion 615 of the Merchant Marine Act, 1936, provide for payment to the clerk of court of S.J. Res. 169. Joint resolution to com­ as amended <46 App. U.S.C. 1185), is amend­ fines imposed by a U.S. Magistrate; to the memorate the bicentennial anniversary of ed to read as follows: the first patent and the first copyright laws; Committee on the Judiciary. "SEc. 615. The Secretary of Transporta­ EC-1533. A communication from the Sec­ to the Committee on the Judiciary. By Mr. SIMON: tion may authorize an operator receiving or retary of Education transmitting, pursuant applying for" operating-differential subsidy to law, a report on final regulations for the S.J. Res. 170. Joint resolution to designate the month of March 1986 as "Music In Our under this title to construct or reconstruct Adult Education State-administered Pro­ its vessels in a foreign shipyard, or acquire gram and the National Adult Discretionary Schools Month"; to the Committee on the Judiciary. such vessels outside the United States. No Program; to the Committee on Labor and such authorization shall be given unless the Human Resources. Secretary determines that <1) the vessel is EC-1534. A communication from the Sec­ over five thousand deadweight tons; and (2) retary of Education transmitting, pursuant STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS the vessel is suitable for use by the United to law, a report on final regulations for re­ States for national defense or otherwise moval of architectural barriers to the handi­ By Mr. STEVENS (by request): useful purposes in time of war or national capped; to the Committee on Labor and S. 1481. A bill to amend the Mer­ emergency. Vessels constructed, recon­ Human Resources. chant Marine Act, 1936, to authorize structed, or acquired pursuant to this sec­ the foreign acquisition of subsidized tion or se. ~ ion 1610 of Public Law 97-35 and INTRODUCTION OF BILLS AND U.S.-flag vessels; to the Committee on documented under the laws of the United Commerce, Science, and Transporta­ States shall be deemed to have been United JOINT RESOLUTIONS States built for the purposes of this title, The following bills and joint resolu­ tion. section 901Cb) of this Act, and section 3704 tions were introduced, read the first S. 1482. A bill to amend section of title 46, United States Code: Provided, and second time by unanimous con­ 901(b) of the Merchant Marine Act, That the provisions of section 607 of this sent, and referred as indicated: 1936; to the Committee on Commerce, Act shall not apply to vessels constructed, Science, and Transportation. reconstructed, modified, or acquired pursu­ By Mr. STEVENS : will support these bills and those who ators to acquire a total of six existing for­ S. 1486. A bill to amend the Equal Credit will favor a modified or different ap­ eign-built vessels. Opportunity Act; to the Committee on proach. I am hopeful that we can initi­ Rather than continue such an ad hoc ap­ Banking, Housing, and Urban Affairs. ate a dialog from which a consensus proach, the draft bill would amend section By Mr. TRIBLE of the Merchant Marine Act, Burlington Dam Project to protect the Historic Site; to the Committee on 1936, as amended (46 App. U.S.C. Souris River basin. However, the se­ Energy and National Resources. 124l dences; modifications to refuge areas System to provide for the restoration unless the Secretary of Transportation and preservation of the site. finds such vessel to be more than five years and dams; road and railroad reloca­ of age but less than ten years of age on the tions; mitigation measures; compensa­ Fort Totten, established on the date of registry under the United States tion to Canada; and flood protection southern shore of Devils Lake, Dakota flag, and upon consultation with the Secre­ measures for flooding from Gassman Territory, in 1867, has been a focal tary of Defense, determines that the par­ Coulee. point of Indian-white interaction ticular vessel is suitable for national defense The project was authorized in the during its 118 year history. Originally or security purposes, or (3) if otherwise 1982 Energy and Water Development established to defend against hostile more than five years of age on the date of Sioux, the fort soon became a defend­ registry under the United States flag, until Appropriations Act-Public Law 97-88. such vessel shall have been documented The U.S. Army Corps of Engineers er and protector of these same people. under the laws of the United States for a did not fully support the compromise When its military function was no period of three years.". plan. The corps felt even greater pro­ longer required, the post became a STATEMENT OF PuRPOSE AND NEED tection should be afforded to the city Federal industrial boarding school The draft bill would amend the Merchant of Minot, where more than 11,000 0890> and housed in excess of 250 Marine Act, 1936, to provide immediate eli­ people live and work in the flood Indian students. In 1935, it became a gibility of reflagged vessels for the carriage plain. However, all parties agreed to tuberculosis sanitarium for afflicted of Government-impelled cargoes under sec­ move ahead with the alternative Indians; while its function had again tion 90l of that Act, commonly re­ project, with the understanding that changed, its underlying purpose had ferred to as the Cargo Preference Act of ultimately additional flood protection not. When no longer needed as a sani­ 1954. Cargoes covered by the Cargo Prefer­ could be required. tarium, the fort became a public ence Act of 1954 are a major source of reve­ nue for virtually all U.S. liner operators and The Senate Environment and Public school that served the reservation many U.S. bulk operators. However, the Works Committee adopted a resolu­ community until 1960. With the trans­ Cargo Preference Act of 1954 now requires tion on August 2, 1984, authorizing a fer of Fort Totten to the State Histori­ that foreign-built or rebuilt vessels must be Souris River basin study. The corps cal Society of North Dakota in that documented under U.S. laws for three years was requested to review reports and in- year, its function changed once 19972 CONGRESSIONAL RECORD-SENATE July 23, 1985 again-from protector and defender of trepreneurs obtaining the capital they Mr. President, I ask unanimous con­ the Indian to that of a tangible histo­ need to start and operate a business. sent that the bill be printed in the ry lesson about cultural interaction The bill I am introducing today CONGRESSIONAL RECORD. during a 100-year period. would amend ECOA to require that There being no objection, the bill The fort's history is not one of war any exemption from that act's require­ was ordered to be printed in the and siege, but one of westward expan­ ments be narrowly defined and pro­ RECORD, as follows: sion and cultural and social integra­ mulgated only after public hearings s. 1486 tion. The site chronicles the develop­ have been held and express findings ment of the frontier through the mili­ made that application of ECOA to the Be it enacted by the Senate and House of tary and settlement periods and into Representatives of the United States of particular transaction in question America in Congress assembled, That sub­ the 1960's. From original isolation as a would not further the goals and pur­ section (a) of section 703 of Public Law 93- frontier post to the social integration poses of the act. Exemptions would be 495 is amended to read as follows: of Indians with another culture the limited to 5 years unless it was shown, "(a) personal, family, or household pur­ D'AMATO, Mr. MATSUNAGA, Mr. I have also heard that many women poses; or BoscHWITZ, Mr. MELCHER, Mr. and minority entrepreneurs have felt " business or commercial purposes KERRY, and Mr. HEINZ): powerless to combat suspected dis­ except that a particular type of class of S. 1486. A bill to amend the Equal criminatory credit application denials business or commercial transaction may be Credit Opportunity Act; to the Com­ because of loopholes in documentation exempted if the Board determines, after a and recordkeeping requirements. hearing conducted on the record pursuant mittee on Banking, Housing, and to chapter 5 of title 5, United States Code, Urban Affairs. Clearly, this is fundamentally unfair and deserves to be closely examined that the application of this title or of any PROHIBITIONS AGAINST DISCRIMINATION IN provision of this title to such transaction BUSINESS CREDIT and addressed by the Congress. would not contribute substantially to effect­ Mr. DOLE. Mr. President, I rise to The principle that all who seek to ing the purposes of this title. introduce legislation strengthening start their own business should have "(3) An exemption granted pursuant to current Federal prohibitions against an equal opportunity to go as far as paragraph <2> shall be for no longer than discrimination in business credit. their individual talents and hard work five years and shall be extended only if the will take them lies at the very founda­ Board makes a subsequent determination, in The Equal Credit Opportunity Act the manner prescribed by such paragraph, prohibits discrimination in credit tion of our system of free enterprise. that such exemption remains appropriate.". transactions on the basis of race, sex, Guaranteeing that all people have this opportunity makes plain, good eco­ marital status and age. It also author­ By Mr. TRIBLE (for himself, izes the Federal Reserve Board to nomic sense, as well, insofar as young, thriving companies are an important Mr. DENTON, Mr. DOLE, Mr. exempt nonconsumer transactions THuRMOND, Mr. LAxALT, Mr. where application of the law to those source of jobs and can contribute sig­ nificantly to the development and re­ BIDEN, Mr. CHILES, Mr. HUM­ transactions would not contribute sub­ PHREY, Mr. STEVENS, Mr. stantially to carrying out the purposes vitalization of depressed areas. Noth­ ing in this bill is intended to give CHAFEE, Mr. EXON, Mr. PRYOR, of the act. Based on this authority, Mr. McCLURE, Mr. HOLLINGS, the FRB issued regulations exempting anyone a special preference, or require any creditor to grant loans to women Mr. STENNIS, Mr. ABDNOR, Mr. all commercial credit transactions SYMMS, Mr. D'AMATO, Mr. ZoR­ from certain key requirements of and minorities in a particular ratio or INSKY, Mr. NUNN, Mr. SPECTER, ECOA, including the ban on inquiries proportion. This bill is targeted solely at ensuring that all Americans have Mr. QUAYLE, Mr. MATI'INGLY, about a credit applicant's marital Mr. BOREN, Mr. DURENBERGER, status, the requirement of a written equal access to the commercial credit market. Mr. LAUTENBERG, Mr. JOHN­ explanation where adverse action is STON, Mr. BENTSEN, Mr. BUR­ taken on a credit application, as well In concluding, Mr. President, I DICK, Mr. MATSUNAGA, Mrs. as certain recordkeeping requirements. would like to pay credit to Senator KASSEBAUM, and Mr. WARNER>: These exemptions for commercial DURENBERGER for first introducing this credit transactions have remained a proposal as part of the Econoinic S.J. Res. 168. Joint resolution desig­ point of contention since the regula­ Equity Act. Mention should also be nating August 13, 1985, as "National tions were promulgated in 1977. made of Representatives PARREN Neighborhood Crime Watch Day"; to Women and minority business groups MITCHELL and LINDY BOGGS for intro­ the Committee on the Judiciary. have pointed to ECOA's legislative his­ ducing the legislation in the House. I NATIONAL NEIGHBORHOOD CRIME WATCH DAY tory in arguing that Congress never in­ also want to thank the distinguished Mr. TRIBLE. Mr. President, I am in­ tended such carte blanche exemptions minority leader for joining me in in­ troducing a joint resolution today, to­ for business credit transactions. They troducing this bill today. Such strong gether with 31 of my colleagues, which have also cited surveys and significant bipartisan support for the bill will, I commends the efforts of the Nation's anecdotal evidence indicating that dis­ hope, provide the impetus for prompt neighborhood crime watch groups and crimination continues to be a substan­ congressional consideration of this im­ declares August 13, 1985, as "National tial barrier to women and minority en- portant issue. Neighborhood Crime Watch Day." July 23, 1985 CONGRESSIONAL RECORD-SENATE 19973 During the last several years, the There being no objection, the joint Edison, Alexander Graham Bell and ranks of neighborhood crime watch or­ resolution was ordered to be printed in Mark Twain, marched in that parade. ganizations have grown tremendously. the RECORD, as follows: During the 98th Congress, I intro­ Citizens throughout America, who S.J. RES. 168 duced a similar proposal to commemo­ have been justifiably concerned about Whereas neighborhood crime is of con­ rate the constitutional foundation of the Nation's crime rate, have joined tinuing concern to the American people; the patent and copyright laws. It re­ together in voluntary efforts to pre­ Whereas the fight against neighborhood ceived broad support among the scien­ vent and deter criminal activity. crime requires people to work together in tific, business, academic and creative cooperation with law enforcement officials; One grassroots organization alone, Whereas neighborhood crime watch orga­ communities. Although 29 Senators the National Association of Town nizations are effective at promoting aware­ joined me as cosponsors and the Watch, has 1,500 chapters from 32 dif­ ness about, and the participation of volun­ Senate passed the joint resolution ferent States. The National Sheriffs teers in, crime prevention activities at the without amendment, the House failed Association is actively involved in local level; and to act before we adjourned sine die in neighborhood watch efforts. And in Whereas citizens across America will soon October. take part in a "National Night Out", a During the present session, I hope my own State of Virginia, roughly unique crime prevention event which will 200,000 households participate in some demonstrate the importance and effective­ that we will act quickly. As Mark form of Neighborhood Crime Watch ness of community participation in crime Twain wrote in "A Connecticut Program, all of which are operated in prevention efforts by having people spend Yankee in King Arthur's Court," "A close cooperation with local police and the period from 8 to 9 o'clock postmeridian country without a patent office and sheriffs. on August 13, 1985, with their neighbors in good patent laws is just a crab and front of their homes: Now, therefore, be it can't travel any way but sideways and On August 13 of this year, many of Resolved by the Senate and House of Rep­ these organizations will participate in backways." Celebrating the bicenten­ resentatives of the United States of America nial of the first patent and the first a National Night Out being sponsored, in Congress assemebled, That August 13, in part, by the National Association of 1985, is designated as "National Neighbor­ copyright laws will emphasize the im­ Town Watch. In large cities and small hood Crime Watch Day", and the President portance of these laws to our economic towns across America, participating is authorized and requested to issue a proc­ health and our cultural diversity. neighborhood watch members will lamation calling upon the people of the I ask unanimous consent that a copy spend the hour between 8 p.m. and 9 United States to observe such day with ap­ of the joint resolution be printed in propriate programs, ceremonies, and activi­ the RECORD. p.m. local time patrolling their neigh­ ties. borhoods or watching from the lawns There being no objection, the joint of their homes. At least a dozen juris­ By Mr. MATHIAS O> Subsection of section Urban Affairs.) sponsor of S. 1436, a bill to improve 767 of title 38, United States Code, is Mr. GORTON submitted an amend­ safety and security of persons who amended- ment intended to be proposed by him travel in foreign air transportation, by striking out "35,000" and inserting in lieu thereof "$50,000"; and to the bill by striking out "the amount of ing and Community Development Act s. 14s1 $30,000, $25,000, $20,000, $15,000, $10,000 or of 1974 to provide housing assistance At the request of Mr. CHAFEE, the $5,000" and inserting in lieu therof "an to the homeless through renovation names of the Senator from Vermont amount less than $50,000 that is evenly di- and conversion of facilities for use as visible by $10,000". [Mr. S TAFFORD ] • and the S enat or f rom <2> Subsection of such section is temporary housing, provision of emer­ Maine [Mr. COHEN] were added as co- amended by striking out "the amount of" gency housing and food, and provi­ sponsors of S. 1451, a bill to allocate the first place it appears and all that follows sions of residential housing assistance funds appropriated to carry out sec- through "as the case may be," and inserting in the transition to independent living; tion 103 of the Foreign Assistance Act in lieu thereof "any amount less than as follows: of 1961 for nutrition programs which $50,000, he may thereafter be insured under Strike out all after the enacting clause reduce vitamin A deficiency. this subchapter in the amount of $50,000 or and insert in lieu thereof the following: any lesser amount evenly divisible by SENATE JOINT RESOLUTION 73 $10,000". TITLE I-GENERAL PROVISIONS At the request of Mr. GRASSLEY, the (3) Subsection Cd> of such section is SHORT TITLE names of the Senator from Michigan amended- SEc. 101. This Act may be cited as the [Mr. LEVIN], the Senator from South by striking out "the effective date of "Homeless Housing Assistance Act of 1985". Dakota [Mr. PRESSLER], and the Sena­ this subsection" each place it appears and DEFINITIONS inserting in lieu thereof "January l, 1986"; tor from Delaware [Mr. ROTH] were SEC. 102. For the purpose of this Act- added as cosponsors of Senate Joint and by striking out "up to a maximum of ( 1) the term "emergency shelter", as used Resolution 73, a joint resolution to $35,000 (in any amount divisible by $5,000)" in section 208(b) of this Act, means an designate the week of September 15, and inserting in lieu thereof "in the amount entire facility, or that part of a facility, 1985, through September 21, 1985, as of $50,000 or any lesser amount evenly divis­ which is used or designed to be used to pro­ "National Independent Free Papers ible by $10,000". vide temporary housing to not fewer than Week". (b)(l} Subsetion of section 777 of title twenty individuals; 38, United States Code, is amended- <2> the term "homeless" means individuals SENATE JOINT RESOLUTION 114 who are poor and who have no access to At the request of Mr. HEINZ, the by striking out the first sentence and inserting in lieu thereof the following: "Vet­ either traditional or permanent housing; names of the Senator from New Jersey erans' Group Life Insurance shall be issued <3> the term "local government" means a [Mr. LA UTENBERG], the Senator from in the amounts specified in section 767Ca> of unit of general purpose local government; Kansas [Mr. DoLE], the Senator from this title. In the case of any individual, the (4) the term "locality" means the geo­ Nebraska [Mr. ExoN], the Senator amount of Veterans' Group Life Insurance graphical area within the jurisdiction of a from Florida [Mrs. HAWKINS], the may not exceed the amount of Servicemen's local government; Senator from West Virginia [Mr. Group Life Insurance coverage continued in <5> the term "operating costs" means ex­ force after the expiration of the period of penses incurred by State, local governments, ROCKEFELLER], the Senator from Indi­ and private nonprofit organizations operat­ ana [Mr. LUGAR], the Senator from duty or travel under section 767(b) or 768(a) of the title."; and ing transitional housing for the homeless New York [Mr. MOYNIHAN], the Sena­ by striking out "$35,000" in the second under title III of this Act with respect to- tor from Arkansas [Mr. PRYOR], and sentence and both places it appears in the the administration, maintenance, the Senator from Ohio [Mr. METz­ last sentence and inserting in lieu thereof minor repairs, and security of such housing; ENBAUM] were added as cosponsors of "$50,000". utilities, fuel, furnishings, and equip­ Senate Joint Resolution 114, a joint <2> Such section is further amended by ment for such housing; resolution designating August 29 as adding at the end the following new subsec­ the conducting of the assessment re­ "Railroad Retirement Day". tion: quired in section 305Ca>< 1> of this Act; and "Ch>O> Notwithstanding any other provi­ CD> the provision of supportive services to SENATE CONCURRENT RESOLUTION 41 sion of the law, members of the Individual the residents of such housing; At the request of Mr. RIEGLE, his Ready Reserve and the Inactive National <6> the term "private nonprofit organiza­ name was added as a cosponsor of Guard are eligible to be insured under Vet­ tion" means a secular or religious organiza­ Senate Concurrent Resolution 41, a erans' Group Life Insurance. Any such tion described in section 501Cc> of the Inter­ concurrent resolution expressing the member shall be so insured upon submission nal Revenue Code of 1954 which is exempt sense of the Congress that corporate of an application in the manner prescribed from taxation under subtitle A of such income tax rates should remain grad­ by the Administrator and the payment of Code, and which has an accounting system premiums as required under this section. and a voluntary board, and practices nondis­ uated. "(2) Notwithstanding subsection <2> of crimination in the provision of assistance; the section, Veterans' Group Life Insurance <7> the term "Secretary" means the Secre­ AMENDMENTS SUBMITTED coverage under this subsection shall be tary of Housing and Urban Development; issued on a renewable five-year term basis, <8> the term "shelter", as used in title II but the person insured must remain a of this Act, means broadly the provision of member of the Individual Ready Reserve of protection from the elements for homeless IMPROVEMENT OF CERTAIN the Inactive National Guard through the individuals; VETERANS' HEALTH PROGARMS period of fae insurance in order for the in­ <9> the term "State" means any of the sev­ surance of such person to be renewed. eral States, the District of Columbia, the "(3) For the purposes of this subsection, Commonwealth of Puerto Rico, the Com­ PROXMIRE AMENDMENT NO. 537 the terms 'Individual Ready Reserve' and monwealth of the Northern Mariana Is­ 'Inactive National Guard' have the meaning lands, or any territory or possession of the (Ordered to lie on the table.) presribed by the Administrator in consulta­ United States; Mr. PROXMIRE submitted an tion with the Secretary of Defense.". OO> the term "supportive services" means amendment intended to be proposed Cc) The amendments made by subsections assistance to the residents of transitional by him to the bill and Cb> shall take effect on January 1, housing in obtaining permanent housing, title 38, United States Code, to estab- 1986. medical and psychological counseling and 19976 CONGRESSIONAL RECORD-SENATE July 23, 1985 supervision, employment counseling, refer­ ate, determine the amount and distribution ment Agency or Department of Housing and ral to job training, nutritional counseling, of funds to these localities, and ensure that Urban Development member. The chair of and such other services essential for estab­ funds are properly accounted for. the local board shall be elected by a majori­ lishing independent living as the Secretary AGENCY RESPONSIBILITIES ty of the members of the local board. Local determines to be appropriate. Such term in­ boards are encouraged to expand participa­ cludes the provision of assistance to the SEC. 204. The Director of the Federal Emergency Management Agency shall tion of other private nonprofit organiza­ residents of transitional housing in obtain­ tions on the local board. ing other Federal, State, and local govern­ award a grant for such amount as Congress appropriates for this program to the nation­ Local boards shall have the following ment assistance available for such persons, responsibilities: determining which private including mental health benefits, employ­ al board constituted pursuant to section 201 within 30 days after the beginning of fiscal nonprofit organizations or public organiza­ ment counseling, referral to job training tions of the local government in the individ­ programs, and medical assistance; and year 1986, for the purpose of providing emergency food and shelter to needy indi­ ual locality shall receive grants to act as 01) the term "transitional housing" service providers; monitoring recipient serv­ means a single- or multi-family structure viduals through private nonprofit organiza­ tions and through units of local govern­ ice providers for program compliance; real­ suitable for the provision of housing and location of funds among service providers; supportive services for not more than 15 ment. The Director of the Federal Emergen­ ensuring proper reporting; and coordinating homeless persons, who cannot presently live with other Federal, State, and local govern­ independently without supportive services cy Management Agency, or his representa­ tive, shall have the following responsibil­ ment assistance programs available in the in a supervised residential setting but who locality. are believed capable of transition to inde­ ities: provision of guidance, coordination, and staff assistance to the national board in Prior to March 30, 1986, local boards pendent living with 6 months of assistance constituted pursuant to subsection shall in a stable environment. carrying out the program; and cooperation and coordination with the Secretary of be accountable to the national board consti­ TITLE II-EMERGENCY FOOD AND SHELTER Housing and Urban Development in the tuted pursuant to section 201. On and afte:r PROGRAM conducting of an audit of program funds March 30, 1986, local boards constituted EMERGENCY FOOD AND SHELTER PROGRAM awarded to the national board constituted pursuant to subsection :::hall be account­ NATIONAL BOARD pursuant to section 201 or transferred to able to the national board constituted pur­ SEC. 201. The Director of the Federal the national board constituted pursuant to suant to section 202. Emergency Management Agency shall, as section 202(b). The responsibilities of the LOCAL HOMELESS ASSISTANCE PLAN soon as practicable after September 30, Director of the Federal Emergency Manage­ SEc. 206. At the end of each fiscal year, 1985, constitute a national board for the ment Agency with respect to this program each local board shall subinit to the nation­ purpose of carrying out an emergency food shall end with the completion of the audit al board constituted pursuant to section and shelter program. for program funds distributed during fiscal 202(b), a plan describing programs, goals, The national board shall consist of year 1986. and objectives for providing assistance to seven members. The United Way of Amer­ The Secretary of Housing and Urban the homeless in that locality. The plan shall ica, the Salvation Army, the National Coun­ Development shall award a grant for such be developed in cooperation with the local cil of Churches of Christ in the United amount as Congress appropriates for this government head represented on the local States of America, the National Conference program to the national board constituted of Catholic Charities, the Council of Jewish board. pursuant to section 202(b) within 30 days The local plan shall address the fol­ Federations, Inc., the American Red Cross, after the beginning of fiscal years 1987 and and the Federal Emergency Management lowing subjects: description of existing shel­ 1988, for the purpose of providing emergen­ ter, mass feeding, and food bank activities in Agency shall each designate a representa­ cy food and shelter to needy individuals that locality, including activities not receiv­ tive to sit on the national board. through private nonprofit organizations and ing assistance under this title; The representative of the Federal through units of local government. Emergency Management Agency shall chair The Secretary of Housing and Urban use and availability of all public and private the national board. Development shall have the following re­ resources in the locality to assist the home­ NATIONAL BOARD TRANSITION sponsibilities: provision of guidance, coordi­ less; coordination of all public and private SEC. 202. The national board constitut­ nation, and staff assistance to the national services and resources in that locality to ed by the Director of the Federal Emergen­ board in carrying out the program; and the assist the homeless; coordination among all cy Management Agency, pursuant to section conducting of an audit of program funds shelter providers in the locality to use all 201, shall continue to be authorized until awarded to and transferred to the national available shelter space for the homeless; March 30, 1986, and on such date, the per­ boards constituted pursuant to sections 201 and preservation of low-income housing in sonnel, property, records, and undistributed and 202. the locality. program funds of such national board shall The local plan shall be placed on file in be transferred to the national board consti­ under subsection , the Secretary shall co­ the office of the local government head rep­ tuted under subsection . ordinate activities with the Federal Inter­ resented on the local board and shall be (b) On or before March 30, 1986, the Sec­ agency Task Force on Food and Shelter, made available to the public. The local plan retary of Housing and Urban Development chaired by the Secretary of Health and shall be forwarded to that individual local­ shall constitute a national board for the Human Services, to identify vacant and sur­ ity's representatives in Congress. The na­ purpose of carrying out an emergency food plus Federal facilities which could be ren­ tional board shall maintain files of local and shelter program. This national board ovated or converted for use as emergency plans and make them available upon re­ shall consist of the same representatives, or shelter facilities for the homeless. quest to other localities. their successors, of the same organizations <2> Not later than 3 months after the end The preparation and subinission of the as the national board constituted pursuant of fiscal year 1986, the Secretary shall local plan shall be regarded as the legal to section 20l. except that the Secretary subinit to the Congress a report on obsta­ duty of the local board, but failure to do so of Housing and Urban Development shall cles, if any, including agency rules or proce­ shall not be grounds for the withholding of designate a representative to replace the dures, to the availability of vacant and sur­ funds appropriated under this title from Federal Emergency Management Agency plus Federal facilities for renovation or con­ that locality. Any citizen residing in the lo­ representative. Such national board shall version to use as emergency shelter facilities cality in which such local board is constitut­ assume authority on March 30, 1986. for the homeless, with recommendations for ed shall have standing in the Federal dis­ The representative designated by the legislative or administrative changes to trict court of jurisdiction to seek an order Secretary of Housing and Urban Develop­ overcome such obstacles. compelling the preparation and subinission ment shall chair the national board consti­ LOCAL BOARDS of the local plan as required by this section. tuted pursuant to subsection . The substance and contents of the local SEC. 205. Each locality designated by plan shall be within the sole discretion of DISTRIBUTION OF PROGRAM FUNDS the national boards constituted pursuant to the local board and shall not be subject to SEc. 203. The national boards constituted sections 201 and 202(b) shall constitute a administrative or judicial review. pursuant to sections 201 and 202 shall de­ local board for the purpose of deterining termine how program funds are to be dis­ how program funds allotted to the locality SERVICE PROVIDERS tributed to individual localities. The nation­ will be distributed. The local board shall SEc. 207. Designation by the local board of al boards shall identify localities having the consist, to the extent practicable, of repre­ a service provider to receive program funds highest need for emergency food and shel­ sentatives of the same organizations as the should be based upon a private nonprofit or­ ter assistance, based on unemployment and national boards, except that the mayor or ganization's or unit of local government's poverty rates and such other need-related other appropriate heads of government will ability to deliver emergency food and shel­ data as the national boards deem appropri- replace the Federal Emergency Manage- ter to needy individuals and such other fac- July 23, 1985 CONGRESSIONAL RECORD-SENATE 19977 tors as are deemed appropriate to program shall continue in effect until modified or re­ eluding the innovative quality of the pro­ objectives by the local board. voked by that board or by the national posed program; USE OF FUNDS board constituted pursuant to section (3) documentary material demonstrating SEc. 208. The national boards consti­ 202(b). that the State, local government, or private tuted by sections 201 and 202(b) may au­ PROGRAM AUTHORIZED nonprofit organization involved has provid­ thorize the following use of funds to address SEc. 211. To carry out this title, there ed the emergency food and shelter program the emergency food and shelter needs of are authorized to be appropriated local board, constituted pursuant to section needy individuals: $85,000,000 in fiscal year 1986, $88,000,000 in 205 of this Act, if such local board has been ( 1) Expenditures necessary to purchase fiscal year 1987, and $91,000,000 in fiscal constituted in the locality where the pro­ emergency food and shelter for needy indi­ year 1988. posed transitional housing will be located, viduals, to supplement and extend currently (b) Any appropriated funds not obligated an opportunity to comment with respect to available resources and not to substitute or in a fiscal year shall remain available for ob­ this application, and a statement as to reimburse ongoing programs and services; ligation during the following fiscal year. whether the local board approves or disap­ and proves of such application and its reasons (2) Expenditures necessary to conduct SURPLUS FOOD DISTRIBUTION for any disapproval; and minimum rehabilitation of existing mass SEc. 212. The Commodity Credit Corpora­ (4) such other information or material as shelter or mass feeding facilities to make fa­ tion shall process and distribute surplus the Secretary shall establish. cilities safe, sanitary, and bring them into commodities acquired by the Corporation compliance with local building codes. for the purpose of carrying out the food dis­ ALLOCATION OF GRANTS (b)(l) Local boards are authorized to tribution and emergency shelter program in SEc. 303. In selecting States, local govern­ expend up to 25 percent of the funds allot­ cooperation with the national boards consti­ ments, or private nonprofit organizations ted to that locality for substantial renova­ tuted pursuant to sections 201 and 202. for assistance in providing transitional tion or conversion, but not acquisition or TITLE III-TRANSITION TO INDEPENDENCE housing under this title, the Secretary shall new construction, of buildings for use as DEMONSTRATION PROJECT consider- emergency shelter facilities to provide addi­ (!) the innovative quality of the proposal tional shelter space. Such expenditures AUTHORITY TO MAKE GRANTS to provide transitional housing and support­ shall be made in the form of noninterest SEC. 301. The Secretary of Housing and ive services to the homeless to assist them bearing advances, repayment of which shall Urban Development shall make grants to in the transition to independent living; be waived if- States, local governments, or private non­ <2> the ability of the State, local govern­ the applicant utilizes the building as profit organizations for the operation of ment, or private nonprofit organization to an emergency shelter facility for not less demonstration projects to develop and apply develop and operate transitional housing for than the 10-year period following the com­ innovative approaches in providing transi­ homeless persons and to provide supportive pletion of such renovation or conversion, or tional housing and supportive services to services to the residents of such housing; CB) the Secretary determines that such fa­ the homeless to assist them in the transi­ (3) the need for such transitional housing cility is no longer needed to provide shelter tion to independent living. and supportive services in the locality to be to the homeless and approves use of the (b) Grants under subsection may be served; and building for another charitable purpose for made in the form of: <4> such other factors as the Secretary de­ the remainder of such 10-year period. If the (1) annual payments for operating ex­ termines to be appropriate for purposes of recipient of such advance fails to comply penses of transitional housing, not to exceed carrying out the demonstration project es­ with the conditions for such a waiver, the 75 percent of the annual orerating expenses tablished in this Act in an effective and effi­ recipient shall repay to the Secretary in of such housing; cient manner. cash the full amount of the advance re­ <2) technical assistance in establishing and ceived on such terms as the Secretary shall operating transitional housing and provid­ DISTRIBUTION OF GRANTS require. It shall be the responsibility of the ing supportive services to the residents of SEc. 304. Not later than 120 days local board to obtain documentation, signed such housing to assist them in the transi­ after the beginning of each fiscal year for by the responsible official, showing that the tion to independent living; and which Congress makes appropriation to recipient of such advance is aware of and <3> a one-time only non-interest bearing carry out this title, the Secretary shall agrees to the conditions of its receipt. advance, not to exceed $100,000, for the pur­ make grants under section 301. (2) Local boards are encouraged to pro­ poses of acquiring, rehabilitating, or acquir­ <2> If the aggregate amount of funds re­ vide, to the neighborhood in which a new ing and rehabilitating an existing structure quested in applications submitted and ap­ emergency shelter facility is to be located, for use in providing transitional housing, if proved, during the 120-day period referred adequate notice and an opportunity to com­ the applicant agrees to utilize such struc­ to in paragraph (1), is less than the amount ment. Local boards are also encouraged to ture as transitional housing for not less of such appropriation available to make achieve the widest possible distribution of than 5 years. Repayment of such advance such grants, then the Secretary shall pub­ emergency shelters throughout the locality shall be waived if the applicant utilizes the lish in the Federal Register a notice that ad­ to avoid a disproportionate burden on any structure as transitional housing for not less ditional funds are available for distribution one section or neighborhood of the locality. than the 10-year period following the initi­ under this title. LIMITATION ON CERTAIN COSTS ation of operation of such transitional hous­ The aggregate amount of all appro­ SEc. 209. Not more than 3 percent of the ing facility, or if the Secretary determines priations made to carry out this title shall total appropriation for this program each that such structure is no longer needed for be used to make grants under section 301 year may be expended for the costs of ad­ use as transitional housing and approves the unless the sum of the administrative costs ministration. use of such structure for another charitable incurred by the Secretary to carry out this title and the aggregate amount of funds re­ PROGRAM GUIDELINES purpose for the remainder of such 10-year period. If the applicant fails to comply with quested in applications approved under this SEC. 210. The national boards consti­ the conditions for waiver of repayment, the title is less than the aggregate amount of tuted pursuant to sections 201 and 202(b) applicant shall repay to the Secretary in such appropriation. shall establish written guidelines for carry­ cash the full amount of the advance re­ ing out this program, including methods for PROGRAM REQUIREMENTS ceived on such terms as the Secretary shall SEc. 305. Each State, local government, identifying localities with the highest need require. for emergency food and shelter assistance; or private nonprofit organization receiving Grants made under this section are to assistance under this title shall agree- methods for determining amount and distri­ be used to supplement and extend currently bution to these localities; eligible program <1) to operate transitional housing assist­ available resources and not to substitute or ing residents in the transition to independ­ costs, with the aim of providing emergency reimburse ongoing programs and services. essential services based on currently exist­ ent living and limiting the stay of individual ing needs; and responsibilities and reporting APPLICATIONS FOR GRANTS residents to not more than 6 months; requirements of the national boards, local SEc. 302. Each application for a grant sub­ (2) to conduct an assessment of the sup­ boards, and service providers. mitted by a State, local government, or pri­ portive services required by the residents of (b) These guidelines shall be published an­ vate nonprofit organization shall contain- such transitional housing to assist them in nually, and whenever modified, in the Fed­ <1) documentary material demonstrating the transition to independent living; eral Register. The national boards shall not that such applicant has the ability and re­ (3) to employ a full-time residential super­ be subject to the procedural rulemaking re­ sources necessary to operate transitional visor with sufficient expertise to provide, or quirements of subchapter II of chapter 5 of housing; supervise the provision of, supportive serv­ title 5, United States Code. (2) documentary material describing the ices to the residents of such housing; Guidelines established by the national program and supportive services intended to (4) to keep and make available to the Sec­ board constituted pursuant to section 201 be provided in such transitional housing, in- retary such records of the expenditure of 19978 CONGRESSIONAL RECORD-SENATE July 23, 1985 funds as the Secretary may require by rule; NOTICES OF HEARINGS an opportunity to act on legislation, S. and SELECT COMMITTEE ON INDIAN AFFAIRS 367, to allow for judicial review. (5) to comply with such other terms and As an original cosponsor of this conditions as the Secretary may establish Mr. ANDREWS. Mr. President, I for purposes of carrying out the demonsta­ would like to announce for the infor­ measure introduced by my colleague tion project established by this title in an mation of the public that the Select from Colorado [Mr. HART] I am effective and efficient manner. Committee on Indian Affairs will be pleased that this matter has been Each homeless individual residing in holding a hearing on July 31, 1985, in placed on the Senate Calendar. Be­ transitional housing assisted under this title Senate Russell 485, beginning at 10 sides allowing for judicial review, this shall pay as rent an amount determined in a.m., on S. 1396, to settle unresolved legislation would also revise the centu­ accordance with the provisions of section claims relating to certain allotted ry-old limitation on lawyers fees that 3 of the United States Housing Act of may be paid by veterans. The current 1937. Indian lands on the White Earth Indian Reservation, to remove clouds fee is $10. The recent Supreme Court REGULATIONS from the titles to certain lands, and decision that upheld the $10 fee dem­ SEC. 306. Not later than 120 days following for other purposes. onstrates how important it is that the the date of enactment of this Act, the Sec­ Those wishing additional informa­ Congress act on S. 367. The injustice retary shall issue such regulations as may tion should contact Peter Taylor of of this fee limitation is clearly be necessary to carry out the provisions of the committee at 224-2251. summed up in an editorial that ap­ this title. peared in the July 22 Chattanooga REPORTS TO CONGRESS Times, which is entitled, "the court to SEc. 307. The Secretary shall submit to AUTHORITY FOR COMMITTEES veterans: drop dead." As this editorial Congress- TO MEET states, the current fee has caused <1 > not later than 3 months after the end COMMITI'EE ON ENERGY AND NATUP.AL many veterans to lose their rights as of each of the fiscal years 1986 and 1987, an RESOURCES citizens. interim report summarizing the activities Mr. DOLE. Mr. President, I ask Mr. President, I urge my colleagues carried out under this title during such to support S. 367 and again let the vet­ fiscal year and setting forth any prelimi­ unanimous consent that the Commit­ tee on Energy and Natural Resources erans of this Nation know that we sup­ nary findings, conclusions, or recommenda­ port their rights with regard to judi­ tions of the Secretary as a result of such ac­ be authorized to meet during the ses­ tivities; and sion of the Senate on Tuesday, July cial review on their benefit claims. <2> not later than 6 months after the end 23, to hold an oversight hearing on Mr. President, I ask that the editori­ of fiscal year 1988, a final report summariz­ fundamental problems facing our Na­ al on this subject from the Chattanoo­ ing all activities carried out under this title tion's electric utility industry. ga Times be printed in the RECORD. and setting forth any findings, conclusions, The PRESIDING OFFICER. With­ The editorial follows: or recommendations of the Secretary as a out objection, it is so ordered. [From the Chattanooga Times, July 22, result of such activities. 1985] COMMITI'EE ON GOVERNMENT AFFAIRS Such interim and final reports shall THE COURT TO VETERANS: DROP DEAD address- Mr. DOLE. Mr. President, I ask unanimous consent that the Commit­ In 1862, Congress passed a law prohibiting <1) the cost of operating transitional hous­ lawyers from charging veterans more than ing and providing supportive services to the tee on Government Affairs be author­ $10 in fees for helping them receive death homeless to assist them in the transition to ized to meet during the session of the and disability benefits. The intent was good, independent living; Senate on Tuesday, July 23, 1985, in Congress didn't want veterans to be victim­ (2) the various types of transitional hous­ order to conduct a hearing on the ized by paying fees that would be dispropor­ ing assisted under this title, including inno­ nomination of Curtis E. von Kann, to tionate to the amount of benefits they re­ vative approaches to assisting the homeless ceived. During its recently ended term, how­ in the transition to independent living; be associate judge of the Superior Court of the District of Columbia. ever, the Supreme Court turned equity on <3> the social, financial, and other advan­ its head by upholding the 1862 law, even tages and disadvantages of transitional The PRESIDING OFFICER. With­ though the limitation is ridiculously low in housing and supportive services as a means out objection, it is so ordered. terms of today's economy. of assisting the homeless; Mr. GARN. Mr. President, I ask Whereas the $10 limitation was probably <4> the success of transitional housing pro­ unanimous consent that the Commit­ fair in 1862-it was roughly equal to $600 in grams assisted under this title, as measured tee on Commerce, Science, and Trans­ 1985 dollars-the likely result of the court's in terms of placement of homeless individ­ portation be authorized to meet ruling is that many veterans won't be able uals in permanent housing, placement in during the session of the Senate on to retain lawyers to obtain benefits rightful­ employment, and reductions in welfare de­ Tuesday, July 23, 1985, in order to con­ ly theirs. pendency; and duct a meeting on the Magnuson Fish­ This is especially unfortunate when you (5) such other findings, conclusions, and consider that claims made by veterans today recommendations as the Secretary deems eries Conservation and Management are inherently complex. Many involve prob­ appropriate with regard to assisting the Act. lems unknown in 1862, such as disability homeless in the transition to independent The PRESIDING OFFICER. With­ claims involving radiation or Agent Orange living. out objection, it is so ordered. poisoning, and others that weren't fully un­ derstood then, such as war-related psychic PROGRAM AUTHORIZED trauma. SEc. 308. To carry out this title, there are ADDITIONAL STATEMENTS Justice William Rehnquist argued for the authorized to be appropriated $15,000,000 in 6-3 majority that the $10 fee limitation was each of the fiscal years 1986, 1987, and 1988. intended to "help" veterans by making it Amend the title so as to read "A bill to VETERANS ATTORNEY'S FEE unnecessary to share with a lawyer any provide housing assistance to the homeless LIMITATION MUST BE RAISED claims awarded them. Eliminating the ceil­ through emergency food and shelter, ren­ ing, he said, would "complicate a proceeding ovation and conversion of facilities for use •Mr. SASSER. Mr. President, during which Congress wished to keep as simple as as shelters, and provision of housing and the past several Congresses, the possible." But as any veteran can testify, services in the transition to independent Senate has passed legislation that the benefits claims procedure is extremely living.". would have allowed for the judicial complicated. Given the government's natu­ e Mr. GORTON. Mr. President, today review of the final decisions of the Ad­ ral tendency to resist such claims, and to I am submitting a substitute amend­ ministrator of the Veterans Adminis­ impose on veterans exhaustive rules aimed at forcing them to justify their claims, it's ment to S. 394. I ask that the amend­ tration on claims filed by veterans. In obvious a lawyer's services would be invalu­ ment be referred to the Committee on the 98th Congress, the Senate passed able. Banking, Housing and Urban Affairs, S. 636, which I cosponsored, only to In opposing efforts to lift the limitation, and that the amendment be printed in see the House fail to act on it. In the the Reagan administration argued that it is the RECORD.e 99th Congress, the Senate again has far better to settle such claims in non-adver- July 23, 1985 CONGRESSIONAL RECORD-SENATE 19979 sarial bargaining sessions. In other words, schools. School aid bills had been actively Republicans were united in opposing all but veterans should accept whatever the govern­ considered during World War I, again selected categorical aids for the schools. ment offers and if they don't like it, tough. during the New Deal, and virtually every Fearing federal control of education and ex­ The claims process for veterans is bogged year since 1943. The House Committee on cessive government spending, House Repub­ down with more than 30,000 disputes each Education and Labor, for example, held licans-plus their functional allies on issues year, an indication that veterans are unhap­ hearings on aid to elementary and second­ of Race and Religion-formed an effective py with it. In fairness, Congress either ary schools seven times from 1943-55 but obstacle to any broad-scale or general aid should put more money into the claims, or never could produce a majority to report a bill. raise the fee limitation, either in absolute bill. This despite the fact that as early as Such was the overall picture in 1963 when dollars or as a percentage of benefits award­ 1948 both major political parties were President Kennedy was assassinated and it ed.• pledged to support federal aid to education. seemed as if his ambitious agenda of domes­ From 1955-1961, bills were finally reported tic social legislation was still-born. However, but just as regularly were buried in the important social, economic and political TWENTY YEARS OF THE ELE­ graveyard of the House Rules Committee. changes were already becoming evident MENTARY AND SECOND~Y In 1960, school aid bills for the first time which would blossom in less than a year and EDUCATION ACT passed both the House and Senate but were a half into ESEA and a myriad of other e Mr. MOYNIHAN. Mr. President, prevented by the Rules Committee from Great Society programs. this year marks the 20th anniversary going to conference committee. Despite ad­ First, interfaith relations had greatly im­ vocacy by Presidents Truman and Eisen­ proved since the 1940s and 50s. The election of a landmark piece of education legis­ hower and vigorous lobbying by President of our first Catholic president and particu­ lation in our history-the Elementary Kennedy early in his first year in office, larly the ecumenical spirit fostered by the and Secondary Education Act of 1965. school aid bills were going nowhere. Vatican Council of 1960 and the brief reign Since its enactment, ESEA has helped The obstacles to passage of an elementary of Pope John the XXIII . a man who was never particularly reopen "the holy wars over religion", nor pit but in the other four titles as well, services identified with education legislative causes, North against South, black against white. A would be provided to children regardless of soon earned and delighted in his popular new type of legislative vehicle was needed, a the type of school they attended; nonpublic designation as "The Education President." bill which would restore the old New Deal school students would be afforded, as of President Johnson demonstrated his legis­ alliance of urban and rural Americans, right, the opportunity to share in the bene­ lative genius in a most dramatic fashion which capitalized on the nation's rediscov­ fits, if not the control, of public funding. when he spearheaded passage in 1964 of the ery of poverty in our midst, which did not ESEA would become what Arthur Flem­ Economic Opportunity Act-the War on totally exclude Catholics or other private ming of the National Council of Churches Poverty-and the even more far-reaching school interests, which eased the pains of called "an instrument of and the Congress established major princi­ held out the promise of school reform and reconciliation," instead of division. ples that, less than a year later, were to innovation generally. Overall, equality of Portions of ESEA had their origins in var­ result in ESEA: First, the clearly enunciated opportunity at the starting gate Abraham Ribicoff and education bill. Henceforth, a generic civil At his Texas ranch during Christmas 1964, by Senator Wayne Morse. They had learned rights law of the land